F. No. 0 1 ( 1 4)/20 1 6-E.II(A) (Part-ill)
Government of India
Ministry or Finance
Department of Expenditure
North Block, New Delhi
Dated 1stApril 2024
OFFICE MEMORANDUM
Subject: Waiver of recovery of excess payment made to Government employees General instructions for Ministries/Departments reg.
The undersigned is directed to say that Rule 1 5 of l)clcgation of Financial Power Rules (l)FPRs), 2()24 deals withwaiver of recovery of overpayment made to Government Servants. As per this rule, a. Department of Government of Inclia, an Administrator and any other Subordinate Authority 10 the L)epartment, to whom powers may be clclcgatecl by or under special order of the President, may waive the recovery of an amount föuncl to have been overpaid mistakenly to Government servant, in excess of their entitlement, subject to certain conclitions and financial limits as laid down under this rule.
2. The date of order Ibr recovery of over payment is a critical input for concision regarding waiver or such recovery. Thereföre, such order for recovery of overpayrnent should be issued within one rnonth from the date of detect.ion of over payment.
3.
As per Rule 15 of DFPR 2024, a Dcpartmcn.t of
Govcrnmcnt of India may waive recovery of overpayment
upto Rs.2.00 (Rupees two lalkh only) in thc casc of each
individual with the concurrence of Financial Adviscr of the Department. The
following guiclclincs may be adhered to while processing such cases:
The Ministries/ Department should examinc all proposal(s) in terms of the provisions laid down in Rule 15 of DFPRs.
(ii.)
Ministrics/ Departments should verify that: in
cases of waiver, no serious negligence has taken place on the part of any
Govcrnmcnt scrvant, which 
may call for disciplina.ry
action by a .highcr authority.
(iii.) In ca.se a. Ministry/ Departrnent is of the view tha.t the loss is on a.ccount of a defect in existing rules or procedures, the same shall bc brought to thc noticc of Dcpartmcnt/ Ministry with authority to arnend such rules or procedures.
(iv.) The guiclelines issued by DoP&T vicic its O.M. datecl 02.03.2016 shall be strictly a.dhered to by the administ:rative Ministry/ Departmentwhile considering waiver of excess payment. made to Government servants.Each case of waivcr should bc rccommcnded by the Financial Advisor and approved by the Administrative Secretary.
In cases where the
waiver of recovery ari.scs frorn a Court clirection, the Ministries/
Dcpartmen.ts should satisfy themselves that there are a.ppropriate
justifications for not challenging such Court direction.
(vi) l.n case a recovery which is subsequently wa.ived, is on account. of incorrcct in.t.erpreta.tion of rulcs or proccd.ures, Minist.ries/ Dcpart.ments may revicw all similarly placed ca.scs t.o check requiremcnt of waivcr of recovery in future cases. In case of incorrect int.crpretation of rules or procedures, M.i.nistries/ Departmcnt.s shall take appropria.te rncasures to ensure that. such l.apses arc corrected. If any inquiry h.as been made to fix the responsibility, thc final report. as well as action takcn by thc .Minis[ry m.ay be kcpt on record.
(vii)
In
ca.sc an incorrcct interprct.a.t.ion of rules or proceclures(c.g., incorrcct.
pay fixation) has remained un-dctcct.ed ovcr a. long period of
t.ime, Ministry/ Dcpartment may keep on record appropri.at.ejustificat.ionwhy
such ca.scs werc not noti.cccl cluring rcgular review, intern.al audit, ctc.
Cases involving waiver of rccoveryof
rnore than IRS, (Rupccs two lakh only)
should be referred t.o this Departrnent.. Such cases may bc forwardcd along with a clet.ailed not.e covering informat.ion on para. 3
along with thc filled in checklist (att.ached as Annexurc to t.his C).M.).
5. This issues with the approval of the Compet.cnt. Authority.
(C.P. Kushwaha)
Under Secretary to the Govt. of India
To
1 . All Mi.nistries/Dcpartments of
Government of ln.dia
2. Financial Advisor of all Ministries/ Departments of Governrncnt of India
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