Rule 296 of The General Financial Rules 2017 Time Barred Claims
Original Rule Text
Visual Summary
Claimant must prove inability to submit on time due to uncontrollable circumstances.
The concerned authority must be satisfied with the reasons for delay.
Payment requires express sanction with Internal Finance Wing’s consent.
Executive Summary
Rule 296 of The General Financial Rules, 2017 outlines the procedure for handling time-barred claims from Government servants. It stipulates that such a claim can be entertained if the claimant demonstrates that circumstances beyond their control prevented timely submission. Crucially, any payment for such a claim requires the express sanction of the Government, provided with the prior consent of the Internal Finance Wing of the Ministry or Department concerned. This rule ensures a mechanism for addressing legitimate delays while maintaining financial oversight.
In-Depth Analysis of the Rule
Rule 296 addresses a critical aspect of financial administration: the treatment of claims submitted by Government servants after the prescribed time limit. It acknowledges that unforeseen circumstances can hinder timely submission and provides a structured approach to handle such situations, balancing fairness to the claimant with the need for strict financial propriety.
Breakdown of the Rule:
- Entertainment of Time-Barred Claims (Rule 296(1)): A time-barred claim from a Government servant can be considered if the concerned authority is convinced that the claimant was genuinely prevented from submitting it within the stipulated period due to reasons beyond their control. This introduces an element of discretion and empathy into the process.
- Requirement for Express Sanction (Rule 296(2)): If a time-barred claim is deemed valid under Rule 296(1), its payment is not automatic. It requires the explicit sanction of the Government.
- Mandatory Consent of Internal Finance Wing (Rule 296(2)): A key safeguard is the requirement for the previous consent of the Internal Finance Wing of the Ministry or Department concerned before the Government’s sanction can be issued. This ensures financial prudence and prevents arbitrary approvals.
Practical Example:
Imagine a Government servant, Mr. Sharma, had a legitimate travel allowance claim but suffered a severe, prolonged illness that incapacitated him during the claim submission period. Upon recovery, he submits the claim, which is now time-barred. Under Rule 296(1), if the concerned authority is satisfied with the medical evidence proving his incapacitation, the claim can be entertained. However, for the payment to be processed, the Government must issue an express sanction, and this sanction must have the prior consent of the Internal Finance Wing of Mr. Sharma’s Ministry. This ensures that while Mr. Sharma’s genuine difficulty is accommodated, the financial implications are thoroughly vetted.
Related Provisions
Understanding Rule 296 is enhanced by considering other rules that govern claims and financial propriety:
- Rule 295 of The General Financial Rules, 2017 Arrear Claims: This rule deals with arrear claims preferred within two years, providing a contrast to the time-barred claims covered by Rule 296.
- Rule 297 of The General Financial Rules, 2017 Time Barred Claims of Persons Not in Government Service: Extends the principles of Rule 289 to 296 to individuals not in Government service, highlighting the broader applicability of these claim-handling procedures.
- Rule 21 of The General Financial Rules, 2017 Standards of Financial Propriety: Provides the overarching principles that guide all financial decisions, including the careful consideration of claims.
Learning Aids
Mnemonics:
- Timely Claims Except Circumstances For Sanction: Time-barred Claims Entertained if Circumstances beyond control, Finance Wing Sanction required.
Process Flowchart:
Multiple Choice Questions
1. What condition must be met for a time-barred claim of a Government servant to be entertained under Rule 296(1) of The General Financial Rules, 2017?
- A) The claim is for a small amount.
- B) The claimant was prevented by uncontrollable circumstances.
- C) The claim is supported by a senior officer.
- D) The claim is less than one year old.
Show Answer
Correct Answer: B) The claimant was prevented by uncontrollable circumstances.
2. Who must be satisfied for a time-barred claim to be entertained under Rule 296(1) of The General Financial Rules, 2017?
- A) The Audit Officer.
- B) The Accounts Officer.
- C) The concerned authority.
- D) The Head of Department.
Show Answer
Correct Answer: C) The concerned authority.
3. What is required for the payment of a time-barred claim under Rule 296(2) of The General Financial Rules, 2017, after it has been entertained?
- A) A simple request from the claimant.
- B) Approval from the Head of Department only.
- C) Express sanction of the Government.
- D) A court order.
Show Answer
Correct Answer: C) Express sanction of the Government.
4. Whose previous consent is mandatory for the Government’s sanction of a time-barred claim under Rule 296(2) of The General Financial Rules, 2017?
- A) The Comptroller and Auditor General.
- B) The Ministry of Law.
- C) The Internal Finance Wing of the Ministry or Department concerned.
- D) The Public Accounts Committee.
Show Answer
Correct Answer: C) The Internal Finance Wing of the Ministry or Department concerned.
5. Rule 296 of The General Financial Rules, 2017 primarily deals with which type of claims?
- A) Claims for new services.
- B) Claims for recurring expenditure.
- C) Time-barred claims of Government servants.
- D) Claims for capital expenditure.
Show Answer
Correct Answer: C) Time-barred claims of Government servants.
Frequently Asked Questions
Can any time-barred claim from a Government servant be paid under Rule 296 of The General Financial Rules, 2017?
No, a time-barred claim can only be entertained if the claimant proves they were prevented from submitting it on time due to circumstances beyond their control. Even then, payment requires express Government sanction with the Internal Finance Wing’s consent.
What role does the Internal Finance Wing play in the sanctioning of time-barred claims under Rule 296 of The General Financial Rules, 2017?
The previous consent of the Internal Finance Wing of the Ministry or Department concerned is mandatory for the Government to issue an express sanction for the payment of a time-barred claim. This ensures financial oversight and adherence to fiscal rules.
Key Takeaways
- Time-barred claims from Government servants can be entertained under specific conditions.
- The claimant must prove circumstances beyond their control prevented timely submission.
- Express Government sanction is required for payment.
- The Internal Finance Wing’s prior consent is crucial for such sanctions.
Conclusion
Rule 296 of The General Financial Rules, 2017 provides a balanced framework for addressing time-barred claims from Government servants. It acknowledges the possibility of genuine delays due to unforeseen circumstances while embedding robust financial controls, particularly through the mandatory consent of the Internal Finance Wing. This ensures that while fairness is extended to employees, public funds are disbursed with due diligence and accountability.