Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

NCT Delhi - Section

Section 3 in Allotment of Government Residences (General Pool in Delhi) Rules, 1963

3. Allotment to House Owning Officers.

(1)In this rule :
(a)'Adjoining municipality' means any municipality contiguous to a local municipality;
(b)'House' in relation to an officer or member of his family means a building or part thereof used for residential purposes and situated within the jurisdiction of a local municipality or of any adjoining municipality;
Explanation. - A building, part of which is used for residential purposes, shall be deemed to be a house for the purposes of this clause notwithstanding that any part of it is used for non-residential purposes.
(c)'Local municipality' in relation to an officer means the municipality within whose jurisdiction his office located;
(d)'Members of family' in relation to an officer means the wife or husband as the case may be, or a dependent child of the officer;
(e)'Municipality' includes a municipal corporation, a municipal committee or board, a town area committee, a notified area committee, a Cantonment Board.
(2)An officer owning a house either in his own name or in the name of any member of his family becomes owner of a house at the place of his duty or in an adjoining municipality such officer shall notify the fact to the Director of Estates within a period of one month from the date of the house is let out or occupied, or the date the completion, whichever is earlier.
(3)When after a Government residence has been allotted to an officer, he or any member of his family become owner of a house at the place of his duty or in an adjoining municipality, such officer shall notify the fact to the Director of Estates within a period of one month from the date the house is let out or occupied, or the date of the completion, whichever is earlier.Government Decisions:
(i)Definition of 'own house'
Any accommodation which has at least a living room, a kitchen and a lavatory, will be treated as a house. An accommodation which has no kitchen or lavatory but has been rented out or is being occupied by some body will also be treated as a house.(D.E. O.M.No.12031 (24)/76-Pol.II dated 7.4.1976)
(ii)Documents to be submitted for assessment of rent in respect of house owning allottees
(a)Where the house has been given on lease - the lease deed
(b)Where the house is in self occupation - House Tax receipt/ Ratable value of the house fixed by the local authorities
(DE OM No. 12013/18/77-Pol. II dated 14.7.1977)
(iii)Preparation of provisional bill in respect of house owners
It has been decided that in such cases only a provisional bill may be prepared at the rate of normal licence fee, and the concerned allottees may be directed to submit the documentary evidence in support of the income which they are getting from their houses, within one month of the acceptance of the allotment. Immediately on receipt of such evidence, rental liability may be determined and necessary orders issued to the concerned allottee, Rent Wing and his Department concerned. This should be finalised within a period of one month at the latest and informed to the Rent Wing accordingly. In case, the Rent Wing does not receive any intimation within a period of two months from the date of initial allotment they will revise the claim of licence fee at the enhanced rate from the date of allotment, on the beginning of the third month, without waiting for any clearance from the Allotment Sections.(D.E. O.M. No.12031 (2)/81-Pol.II dated 1-8-1981)
(iv)Rates of recovery of licence fee for government employees owning houses at their place of posting - clubbing of income of coparceners
It is clarified that according to FR-45-A-iv(c)(8)(c) and SR-317-B-3 of the Allotment of Government Residences (General Pool in Delhi) Rules, 1963 'the member of family' in relation to an officer means 'the wife or husband as case may be or a dependent child of the officer'.If the Co-parceners of the Hindu Undivided Family property falls within the definition of the members of family, as contained in the above said Rules, the proportionate income of all such co-parceners derived out of joint Hindu Undivided Family property will be clubbed together with the income of the concerned officer to determine the rental liability for the General Pool accommodation allotted to her/him.(DE OM No.12031 (1)/74-Pol.II (Vol.II), dated 7.5.1986)
(v)Determination of rental income of private houses
It has been decided that if the municipal authority concerned allows any rebate in respect of such furniture and fixtures while assessing ratable value of the house, a similar rebate may be given in respect of the rent of the furniture and fixtures, for the purpose of calculating rental income of the house.(D.E. O.M.No.12031 (7)/78-Pol.II dated 23.9.1989)
(vi)Rates of recovery of licence fee for allottees owning houses at the stations of posting
Slab or rent from the owned house Rate of licence fee to be charged
(i) If the income from own house does not exceed Rs.12,000/-p.m. Normal Licence fee
(ii) If the income from own house exceeds Rs.12,000/- p.m. butdoes not exceed Rs.20,000/- p.m. Twice the normal licence fee
(iii) If the income exceed Rs.20,000/-p.m. Thrice the normal licence fee
These orders are effective from 1st August, 2003.(DE OM 12035/11/99-Pol.II dated 24.7.2003)S.R. 317-B-4