Rule 60: Rules to give effect to arrangements with other countries for transfer of money paid as compensation under section 159

Finin2min analysis — operative rule mechanics

Full notified text — Rule 60

60. Rules to give effect to arrangements with other countries for transfer of money paid as
compensation under section 159.-(1) When any sum is transmitted by any competent authority in
India to any other competent authority in accordance with these rules by remittance transfer receipt or

by e-transfer or by net banking or by demand draft, the competent authority which transmits the sum
may, deduct the costs of such transmission from the sum so transmitted.

(2) When the whole or any part of a lump sum deposited with a competent authority for payment as
compensation under the Code is payable to any person or persons residing or about to reside in any
other country, the competent authority may order the transfer to that country of the sum so payable.

(3) When the competent authority has ordered the transfer of any sum under sub-rule (2), he shall
cause to be prepared and shall certify under his hand a memorandum containing a brief statement of
the facts of the case, of the orders passed upon it and of the name and address of each person to whom
payment is to be made.

(4) If the competent authority is not himself the Authorised Officer he shall forward the memorandum
in duplicate to the Authorised Officer and may either remit the sum to be transferred to the Authorised
Officer or retain it and dispose of it in accordance with the directions of the Authorised Officer.

(5) If the competent authority is himself the Authorised Officer, he shall proceed as provided in sub-
rule (6).

(6) The Authorised Officer, after satisfying himself that the memorandum is complete, shall forward it
and remit or cause to be remitted the sum to which it relates by such means of safe transmission as he
may consider convenient to the authority appointed in this behalf for the country to which the sum is
to be transferred, or if no such authority has been appointed, to such authority as the State
Government may, by general or special order, direct, and shall at the same time request the authority
addressed—

(a) to arrange for payment to be made in accordance with the directions contained in the
memorandum; and

(b) to furnish him with a report of the action taken upon the memorandum and return any sum the
payment of which is for any reason impossible.

(7) (a) The Authorised Officer shall, if he is not the competent authority with whom the matter
originated, forward to such competent authority a copy of any report received in response to a request
made under sub-rule (6).

(b) Any sum returned in accordance with sub-rule (6) shall be disposed of in accordance with the
Code.

(8) (a) The Authorised Officer shall be the proper authority to receive moneys from transferring
authorities.

(b) If any competent authority or other Government servant, not being the Authorised Officer,
receives any sum from a transferring authority he shall either forward such sum, together with any
papers relating thereto, to the Authorised Officer for disposal or obtain the instructions of the
Authorised Officer as to the disposal of the sum and papers and act in accordance with his
instructions.

(9) The Authorised Officer may himself dispose of any sum or part of any sum which he receives or
of which he assumes control under sub-rule (8) or may send it or any part of it for disposal to such
competent authority or competent authorities as he considers proper.

(10) All sums received from a transferring authority shall be disposed of as far as possible in
accordance with the provisions of the Code and the rules made there under:

        Provided that the directions, if any, received from the transferring authority as to the manner
in which the sum should be administered shall be complied with.

(11)(a) The Authorised Officer shall forward to the transferring authority a report showing how the
sum received from him has been disposed of.

(b) Any competent authority, not being the Authorised Officer who has disposed of any part of the
sum, shall make a report in duplicate as to the disposal of that part to the Authorised Officer, and, if
the sum was received by him from another such competent authority in accordance with section 92 of
the Code, shall forward his report through that competent authority.

 (12) Any part of the sum received from the transferring authority which shall have remained
undisbursed after the completion of the proceedings shall be returned to the transferring authority by,
or under the direction of the Authorised Officer.

Application and evidence

1. Primary statutory test — (2) When the whole or any part of a lump sum deposited with a competent authority for payment as compensation under the Code is payable to any person or persons residing or about to reside in any other country, the competent authority may order the transfer to that country of the sum so payable.
2. Additional operative limb — (3) When the competent authority has ordered the transfer of any sum under sub-rule (2), he shall cause to be prepared and shall certify under his hand a memorandum containing a brief statement of the facts of the case, of the orders passed upon it and of the name and address of each person to whom payment is to be made.
3. Qualification / exception to test — Provided that the directions, if any, received from the transferring authority as to the manner in which the sum should be administered shall be complied with.
4. Code Section mapping — 159. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Evidence file — retain facts and records proving the role/status of: Authority / officer.

Cross-references & prescribed forms

Worked example

Q&A — Rule 60

Primary sources