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NCT Delhi - Section

Section 12 in Allotment of Government Residences (General Pool in Delhi) Rules, 1963

12. Period for which allotment subsists and the concession period for further retention.

(1)An allotment shall be effective from the date on which it is accepted by the officer and shall continue in force until :
(a)the expiry of the concessional period permissible under sub-clause (2) after the officer ceases to be on duty in an eligible office in Delhi.
(b)It is cancelled by the Director of Estates or is deemed to have been cancelled under any provisions in these rules.
(c)It is surrendered by the officer, or
(d)The officer ceases to occupy the residence.
(2)A residence allotted to an officer may, subject to sub rule (3) be retained on the happening of any of the events specified in column 1 of the table below for the period specified in the corresponding entry in column 2 thereof provided that the residence is required for the bonafide use of the officer or members of his family :
Events Permissible period for retention of residence
Resignation, dismissal or removal from Service, terminationof service or un-authorised absence without permission 1 month
Retirement or terminal leave 2 months on normal licence fee and another 2 months on doublethe normal licence fee
Death of the allottee 12 months
Transfer to a place outside Delhi 2 months
Transfer to an ineligible office in Delhi 2 months
On proceeding on foreign service in India 2 months
Temporary transfer in India or transfer to a place outsideIndia 4 months
Leave (other than leave preparatory to retirement, refusedleave, terminal leave medical leave (maternity leave or studyleave) For the period of leave but not exceeding four months
For the period of maternity leave plus leave granted incontinuation subject to a maximum of five months
Leave preparatory to retirement or refused leave grantedunder FR 86 or Earned leave granted to Government servant who retiredunder FR 56(j) For the full period of leave on full average pay subject to amaximum 180 days in the case of leave preparatory to retirementand four months in other cases, inclusive of the periodpermissible in the case of retirement.
Study leave in or outside India (a) In case the officer is in occupation accommodation below hisentitlement, for the entire period of study leave
(b) In case the officer is in occupation of his entitled typeaccommodation, for the period of study leave but not exceedingsix months provided that where the study leave extends beyondsix months, he may be allotted alternative accommodation, onetype below his entitlement, on the expiry of six months or fromthe date of commencement of the study leave if he so desires.
Deputation outside India For the period of deputation but not exceeding six months
Leave on medical grounds Full period of leave
On proceeding on training For full period of training
Explanation I. - Wherever an officer on transfer or foreign service in India is sanctioned leave and avails of it before joining duty at the new office he may be permitted to retain the residence for the period mentioned against items (iv), (v), (vi) and (vii) or for the period of leave, whichever is more.Explanation II. - Where an order of transfer or foreign service in India is issued to an officer while he is already on leave, the period permissible under EXPLANATION -I shall count from the date of issue of such order.
(3)Where a residence is retained under sub rule(2) the allotment shall be deemed to be cancelled on expiry of admissible concessional unless immediately on the expiry thereof the officer resumes duty in an eligible office in Delhi.
(3A)Where an officer is on medical leave without pay and allowances, he may retain his residence by virtue of the concession under item (xii) of the table below sub rules (2) provided he remits the licence fee for such residence in cash every month and where he fails to remit such licence fee for more than two months, the allotment shall stand cancelled.
(4)An officer who has retained the residence by virtue of the concession under item (i) or item (ii) of the table below sub rule (2) shall on re-employment in an eligible office, within the period specified in the said table, be entitled to retain that residence under these rules.Provided that if the emoluments of the officer on such re-employment do not entitle him to the type of the residence occupied by him, he shall be allotted a lower type of residence.
(5)Notwithstanding anything contained in sub rule (2) or sub rule (3) or sub rule (4) when an officer is dismissed or removed from service or when his services have been terminated and the Head of the Department in respect of the office in which such officer was employed immediately before such dismissal, removal or termination is satisfied that it is necessary or expedient in the public interest to do so he may require the Director of Estates to cancel the allotment of the residence made to such officer either forthwith or with effect from such date prior to the expiry of the period of one month referred in item (i) of the table below sub rule (2) as he may specify the Director of Estates shall act accordingly.Government Decisions:
(i)Officers serving or proceeding on deputation/ transfer to Corporations, Semi-government Organisation-Eligibility for General Pool accommodation.
It has been decided that the permanent Central Government employees who are eligible but do not have General Pool accommodation in their occupation and are sent on foreign service/ deputation, in the public interest to the Organisation, mentioned below which have been declared eligible for the allotment of accommodation from the General Pool, should be considered eligible for fresh allotment, in their term, during the period of their deputation/foreign service. Such employees will also be considered for change of accommodation or allotment of higher type of accommodation, during the period of their deputation, in accordance with the provisions contained in the Allotment Rules.It has also been decided that the permanent Central Government employees who are allottees of General Pool and are sent on foreign service/deputation, in the public interest, to organisations mentioned below, will also be eligible to retain the accommodation in their occupation: