Rule 97 of The General Financial Rules 2017 Personal Deposit Accounts

Rule 97 of The General Financial Rules 2017 Personal Deposit Accounts

Original Rule Text

Rule 97 (1) Authority to open Personal Deposit Account. The Personal Deposit Account shall be authorised to be opened by a special order by the concerned Ministry or Department in consultation with the Controller General of Accounts. Such special order or permission shall be issued or granted by the Ministry or Department concerned after it is satisfied that the initial accounts of the moneys to be held in a personal deposit account and disbursed, shall be arranged to be maintained properly and shall be subject to audit. Every personal deposit account so authorised to be opened, shall form part of the Government Account and be located in the Public Account thereof. The provisions relating to “Personal Deposit Account” are contained in para 16.7 of Civil Accounts Manual and Rule 191 to 194 of Central Government Account (Receipts and Payments) Rules.Rule 97 (2) Personal Deposit accounts shall generally be authorised to be opened in the following types of cases: (a) In favour of a Designated Officer appointed for the purpose of administering monies tendered by or on behalf of wards and attached estates under Government management. It shall also be ensured that proper arrangements are made for the maintenance and audit of connected initial accounts; (b) in relation to Civil and Criminal Courts’ deposits, in favour of the Chief Judicial Authority concerned; (c) where, under certain regulatory activities of the Government, receipts are realised and credited to a Fund or Account under the provisions of an Act to be utilised towards expenditure thereunder and no outgo from the Consolidated Fund is involved. (d) where a personal deposit account is required to be created by a law or rules having the force of law and certain liabilities evolve on the Government out of the special enactments; (e) officers commanding units and others concerned in the administration of public funds in the Defence Departments can be authorised to open personal deposit accounts for such funds.

Visual Summary

Authorization

Special order by Ministry/Department with CGA consultation.

Specific Purposes

Wards, court deposits, regulatory activities, legal liabilities, defence funds.

Accountability

Proper maintenance, audit, part of Public Account.

Executive Summary

Rule 97 of the General Financial Rules, 2017, details the authorization and specific circumstances for opening Personal Deposit (PD) Accounts within the government. These accounts require a special order from the concerned Ministry or Department, in consultation with the Controller General of Accounts. They are integral to the Public Account and are subject to rigorous audit. The rule specifies various scenarios where such accounts are permissible, including administering monies for wards and attached estates, managing Civil and Criminal Courts’ deposits, handling receipts from regulatory activities, fulfilling liabilities arising from specific laws, and managing public funds in Defence Departments. The overarching goal is to ensure proper maintenance and audit of these specialized funds.

In-Depth Analysis of the Rule

Personal Deposit Accounts serve as a vital mechanism for managing specific funds within the government’s financial framework, distinct from the Consolidated Fund. This rule ensures that while these funds are managed with flexibility for their intended purposes, they remain under strict governmental oversight and accountability.

Breakdown of the Rule
  • Authorization Process: A Personal Deposit Account can only be opened through a special order issued by the relevant Ministry or Department. This order must be made in consultation with the Controller General of Accounts, ensuring central financial oversight.
  • Conditions for Opening: The rule explicitly lists five categories where PD accounts are generally authorized:
    • For Designated Officers managing monies for wards and attached estates under government administration, with proper accounting and audit arrangements.
    • For Civil and Criminal Courts’ deposits, in favor of the Chief Judicial Authority.
    • For receipts from government regulatory activities that are credited to a specific fund or account for expenditure under an Act, without involving the Consolidated Fund.
    • When a law or rule mandates the creation of a PD account, leading to government liabilities from special enactments.
    • For officers in Defence Departments administering public funds.
  • Financial Integration and Audit: All authorized personal deposit accounts are considered part of the Government Account, specifically located within the Public Account. This ensures that despite their specialized nature, they are subject to proper maintenance of initial accounts and audit, as per existing financial rules and manuals.
Practical Example

Consider a scenario where a Civil Court receives substantial deposits from litigants as part of ongoing legal proceedings. To manage these funds transparently and securely, the Chief Judicial Authority, with the necessary special order and consultation with the Controller General of Accounts, establishes a Personal Deposit Account. This account allows the court to hold and disburse these specific funds as per judicial directives, ensuring they are segregated from the government’s general revenue while still being subject to government accounting rules and audit, thereby maintaining financial propriety and public trust.

Related Provisions

Understanding Rule 97 is enhanced by examining its connections to other provisions within the General Financial Rules, 2017:

Learning Aids

Mnemonics
  • A.C.T.S. D. for PD Accounts:
    Authorization (Special Order, CGA)
    Courts (Civil/Criminal Deposits)
    Trusts (Wards/Estates)
    Special Laws (Liabilities by Law)
    Defence (Public Funds)
Process Flowchart
Need forPD AccountMinistry/Dept.Identifies NeedConsult ControllerGeneral of AccountsSpecial OrderIssuedPD Account Opened(Part of Public Account)Proper AccountsMaintained & Audited

Multiple Choice Questions

1. According to Rule 97 of the General Financial Rules, 2017, who must a Ministry or Department consult before authorizing the opening of a Personal Deposit Account?

  • A) The Ministry of Finance, Budget Division
  • B) The Comptroller and Auditor General of India
  • C) The Controller General of Accounts
  • D) The Reserve Bank of India
Show Answer

Correct Answer: C) The Controller General of Accounts

2. Under Rule 97 of the General Financial Rules, 2017, Personal Deposit accounts are generally authorized for all of the following purposes EXCEPT:

  • A) Administering monies for wards and attached estates.
  • B) Civil and Criminal Courts’ deposits.
  • C) General revenue collection for the Consolidated Fund.
  • D) Administration of public funds in Defence Departments.
Show Answer

Correct Answer: C) General revenue collection for the Consolidated Fund.

3. According to Rule 97 of the General Financial Rules, 2017, where are Personal Deposit accounts located within the Government Account?

  • A) The Consolidated Fund
  • B) The Contingency Fund
  • C) The Public Account
  • D) A separate Commercial Account
Show Answer

Correct Answer: C) The Public Account

4. What is a mandatory requirement for the initial accounts of monies held in a Personal Deposit Account, as per Rule 97 of the General Financial Rules, 2017?

  • A) They must be managed by a private bank.
  • B) They must be maintained properly and subject to audit.
  • C) They are exempt from any form of external scrutiny.
  • D) They only require annual reconciliation with the Ministry of Finance.
Show Answer

Correct Answer: B) They must be maintained properly and subject to audit.

5. Rule 97 (2)(d) of the General Financial Rules, 2017, allows for Personal Deposit accounts to be opened when required by:

  • A) A departmental circular without legal backing.
  • B) A law or rules having the force of law.
  • C) A recommendation from a local body.
  • D) An internal audit report.
Show Answer

Correct Answer: B) A law or rules having the force of law.

Frequently Asked Questions

Q1: What is the primary purpose of a Personal Deposit Account under Rule 97 of the General Financial Rules, 2017?

A1: The primary purpose is to facilitate Designated Officers in crediting receipts and effecting withdrawals for specific, often temporary or specialized, funds that are not part of the government’s general revenue, while ensuring proper accounting and audit.

Q2: Are Personal Deposit Accounts subject to audit, according to Rule 97 of the General Financial Rules, 2017?

A2: Yes, absolutely. Rule 97 explicitly states that initial accounts of monies held in a personal deposit account must be maintained properly and shall be subject to audit, ensuring accountability and transparency.

Q3: Can any government department open a Personal Deposit Account on its own initiative?

A3: No, a Personal Deposit Account must be authorized by a special order from the concerned Ministry or Department, issued in consultation with the Controller General of Accounts, as per Rule 97 (1) of the General Financial Rules, 2017.

Key Takeaways

  • Personal Deposit Accounts require specific authorization via a special order from the concerned Ministry/Department, in consultation with the Controller General of Accounts.
  • These accounts are designated for specialized purposes, such as managing funds for wards, court deposits, regulatory activities, legal liabilities, and defence public funds.
  • All Personal Deposit Accounts are part of the Government’s Public Account and are subject to strict accounting and audit requirements.
  • The rule ensures that while these funds serve specific needs, they remain under central financial oversight to maintain transparency and prevent misuse.

Conclusion

Rule 97 of the General Financial Rules, 2017, establishes a clear framework for the creation and management of Personal Deposit Accounts. By mandating consultation with the Controller General of Accounts and specifying the limited circumstances for their use, the rule ensures that these specialized financial instruments are employed judiciously and remain fully integrated into the government’s accountability mechanisms. This balance between operational flexibility and stringent oversight is crucial for maintaining financial integrity in public administration.