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NCT Delhi - Section

Section 2 in Allotment of Government Residences (General Pool in Delhi) Rules, 1963

2. Definitions.

- In these rules, unless the context otherwise requires:(a)'Allotment' means the grant of a licence to occupy a residence in accordance with the provisions of these rules;(b)'Allotment Year' the year beginning on 1st January or such other period as may be notified by the President;Government Decisions:(i)Rolling Allotment yearConcept of Rolling Allotment Year has been introduced with effect from 1.4.2002 with cut off date as on first January of a calendar year.[DE OM No. 12035/8 /2001-Pol. II dated 21.11.2001](c)'Delhi' means the area within the limits of the Union Territory of Delhi which the Government may declare conferring eligibility for the allotment of General Pool accommodation;Government Decisions:(i)Eligible zone in Delhi/New Delhi for the purpose of General Pool accommodationIt has now been decided that the entire area of NCT of Delhi should be treated as eligible zone for the purpose of allotment of accommodation from General Pool. Accordingly, all Central Government offices which are located in the NCT of Delhi with due approval by the Government and who fulfil the prescribed conditions of eligibility and have been specifically declared to be eligible for allotment of accommodation from General Pool will be eligible for allotment/retention of accommodation from General Pool in Delhi.The Central Government offices located in the Delhi Cantonment Area may formally apply to the Directorate of Estates for allotment of Eligibility Code giving full details with regards to their offices in accordance with the prescribed parameters. It is, however, clarified that the offices which have already been declared as eligible offices and have been allotted Eligibility Code will continue to be treated as eligible for General Pool accommodation on their shifting to Delhi Cantonment area.(DE OM No. 11013/D/6/93-Pol.IV/I dated 13.7.1998)(d)'Director of Estates' means the Director of Estates to the Government of India and includes Additional, Deputy and Assistant Directors of Estates;(e)'Eligible Office' means a Central Government Office, the staff of which has been declared by the Central Government eligible for accommodation under these rules;Government Decisions:(i)Conditions for declaring an office eligible for General Pool residential accommodation in DelhiThe Government of India have decided that those Central Government offices, which fulfil the following requirements will be treated as 'eligible offices' for the purposes of the Allotment of Government Residences (General Pool in Delhi) Rules, 1963 :-(a)Their location in Delhi has been approved by the Cabinet/Cabinet Committee on Accommodation;(b)They are part and parcel of the Secretariat of a Ministry or an attached or subordinate office of a Ministry or a Department;(c)Their staff is paid from the Consolidated Fund of India;(d)They have not got any separate pool of accommodation for their staff; and(e)They are situated within the municipal limits of NCT of Delhi.(DE OM No. 12033/4/67-Pol.II dated 3.10.1969)List of eligible offices is annexed as Annexure-I(ii)Eligibility of the staff of CSIR, ICAR, CRRI and ICMRIt has been decided that concession of eligibility for allotment of General Pool accommodation should be restricted to the staff working in the Headquarters Offices in Delhi of these organisations and should not be extended to the staff working in various units under the control of these organisations either at Delhi or any other station. The allotment already made to the employees of the units of these organisations will however be continued, on payment of rent as indicated in para below, till the organisations concerned provide them alternative accommodation.It has also been decided that in respect of the accommodation retained by the employees of the Units, rent for two months from the date of issue of these orders will be charged from the Department concerned under FR-45-B or pooled standard rent under FR 45-A whichever is higher and thereafter at market rate.(D.E. O.M. NO.12028 (2)/69-Pol.II dated 1-11-1969)(iii)Eligibility of the employees of the ICAR consequent on the conversion of the council's Secretariat into an office wholly controlled and financed by the ICAR SocietyThe date of priority of the existing employees of the Council shall continue to be reckoned from the 4th October, 1962 i.e. the date on which the ICAR was initially declared eligible for allotment of accommodation from the General Pool (or any subsequent date, as the case may be). It has also been decided that such employees as were working in various Research Institutes located in Delhi/New Delhi or the Government side of the Council and were allotted accommodation from the General Pool being eligible office at the time, will continue to retain the General Pool accommodation in their occupation on opting to work under the re-organized Council. Where the Institutes have a programme of constructing their own pool of accommodation, such employees will retain General Pool accommodation till they are allocated accommodation out of such pool.(DE OM No. 12035/7/70-Pol. II dated 3.1.1976)(iv)Eligibility of foreign nationals working in the External Service Division of the A.I.R.It has been decided that such nationals be treated as eligible for allotment of accommodation from the General Pool but priority should not be accorded in the normal course. Each case should be examined on its merit at the appropriate level.(DE OM No. 12035/7/74-Pol.II dated 2.9.1974)(v)Conditions for declaring an office eligible for General Pool residential accommodation at places other than Delhi• Whether the office is attached or subordinate office or public undertaking or autonomous organisation;• Source from which the officers and staff will be paid i.e. from the Consolidated Fund of India or otherwise;• Whether the office is within the municipal limits of the city or town;• Total sanctioned strength of the organisation.• Whether officers and staff are eligible for residential accommodation from any pool other than GPRA.• The proposal should be forwarded to the Directorate of Estates after obtaining approval of Joint Secretary or an equivalent level officer in the Ministry concerned.(DE OM No. 11011/1/80-Pol.IV dated 3.10.1980)(vi)Allotment of General Pool accommodation to employees of Public Sector Undertakings - eligibility ofThe Cabinet Committee on Accommodation has decided that employees of Public Sector Undertakings which are corporate bodies, will not be entitled to any Government/ accommodation and that no exception will be made.(DE OM No. 12016/2/82-Pol. II (Vol. III) dated 24.10.1985)(Also see DE OM No.12035/14/92-Pol.II dated 11.10.2000 below SR 317-B-7)(vii)Allotment of General Pool accommodation to the employees of Delhi Administration - certificate to be obtainedWhenever an allotment to an employee of Delhi Administration is made by the Directorate of Estates, a certificate to the effect that no allotment has been made by the Delhi Administration from their pool to a person junior in the waiting list to the said allottee would be furnished by the Delhi Administration while forwarding the acceptance letters. All the Allotment Sections may ensure that such a certificate is obtained from the allotting authority of Delhi Administration.(D.E. O.M.No.12033 (9)/77-Pol.II (Vol.II) dated 28.9.1988)It is hereby clarified that instructions mentioned above are applicable to the employees of Delhi Administration only. However in the case of officials posted from PWD, Delhi Administration to CPWD, since these employees are also eligible for allotment of accommodation from the Delhi Administration Pool, a certificate that they are not holding any accommodation allotted by the Delhi Administration, may be obtained before occupation slip is issued to such an employee.(D.E. O.M.No.12033 (9)/77-Pol.II (pt.) dated 8-3-1989)(viii)Eligibility of branch offices of Departments of Delhi Administration (now Government of NCT of Delhi) already appearing in the list of eligible offices.It has now been decided that such Branch offices/Regional offices/Administrative offices whose Headquarters are already in the eligibility list should be treated as eligible for allotment from General Pool in Delhi provided the Code Number intimated in their applications is that of the Headquarter. This will not apply to Delhi Administration Teachers and the staff posted in schools.(D.E. O.M. No.11013/D/21/89-Pol.IV dated 24.8.1990)(ix)Eligibility of teachers and other staff working in the schools of Delhi Administration (now NCT of Delhi)It has been decided that the teachers and other staff of the schools of Delhi Administration will not be eligible for initial allotment from General Pool in Delhi. However, the allotments already made to them by the Directorate of Estates will not be disturbed and will continue to be treated as lawful allotments. It has also been decided that change allotment in the same type will also be admissible to teachers and other staff of schools of Delhi Administration who are already allottees of General Pool accommodation. Those who are already registered for in-turn change will be allowed their due seniority for such change of accommodation in the same type.It has also been decided that any consequential benefits which may accrue to an allottee under the allotment rules on account of his being in occupation of General Pool accommodation will also be admissible to them i.e. they will be allowed retention after cancellation of allotment admissible under SR-317-B-22, temporary allotment for marriage purposes, regularisation on retirement/ death grounds to their wards in case their ward is employed in an eligible office. However, the benefit of regularisation on retirement/death will not be admissible to ward of such allottees in case the ward is employed as teacher or in the staff of a school in the Delhi Administration.(DE OM No. 11013/D /4/89-Pol.IV dated 27.12.1991)(x)Eligibility of officers of C.B.I.It has been decided that the staff of CBI will now be eligible for allotment of General Pool accommodation in all the types subject to the condition that at the time of making actual allotment to an employee of CBI, the following certificate would have to be issued by the CBI in prescribed format that no officer junior to the applicant has been given 'in turn' allotment from CBI pool in Delhi. No allotment from General Pool will be actually released without such a certificate.CertificateIt is certified that as on date the date of priority covered in the departmental pool of Central Bureau of Investigation is __________ and that no officer junior to Shri ___________has been given any 'in turn' allotment from the CBI Pool in Delhi till date.(D.E. O.M. No.11013/D/21/89-Pol.IV dated 14.3.1995)(xi)Eligibility of canteen employeesIt has been decided to extend the facility of General Pool residential accommodation to these employees. They will form part and parcel of the Ministry/Department under which they are working and their applications shall be forwarded by the concerned Ministry/Department under its own eligibility code. Date of Priority of such employees should be counted w.e.f. the date of their appointment in service.(DE O.M. No.12035 (6)/87-Pol.II dated 29.4.1992, 22.7.1992 and 13.11.1997)(xii)Eligibility of Permanently Seconded Defence Service OfficersIt has been decided that the applications for allotment of General Pool accommodation from Defence service officers permanently seconded to organisations under the Ministry of Defence, including the Ministry itself, shall not be considered notwithstanding the fact that the office where they are posted is eligible for General Pool residential accommodation. The eligibility will be restricted to the Civilian employees of such organisations.(DE OM No.11013/D/12/90-Pol.IV dated 8.11.1990)(xiii)List of offices declared eligible for allotment of General Pool residential accommodationList of offices declared eligible for allotment of General Pool residential accommodation in Delhi has been circulated vide.(DE OM No. 11013/D/6/93-Pol.IV/I dated 15.12.1998.)(xiv)Allotment/retention of accommodation by the Central Government officers who are on deputation to BSNLThe Central Government employees working in the BSNL on deputation basis will be eligible for allotment of General Pool residential accommodation for a period of 5 years w.e.f. 1.10.2000. Such employees who are already in possession of GeneralPool residential accommodation will be eligible for retention of accommodation in their possession for a period of 5 years w.e.f. 1.10.2000. BSNL shall pay to the Director of Estates an amount equivalent to HRA admissible to the officer plus the flat rate of licence fee prescribed by the Government from time to time. The organisation may, however, recover normal licence fee from the concerned officer.(DE OM 12035/18/2000-Pol.II dated 31.10.2000)(a)'Emoluments' means the emoluments as defined in FR-9 (21) (a) (I)*;Explanation. - In the case of an officer who is under suspension, the emoluments drawn by him on the first day of the Allotment Year in which he is placed under suspension or if he is placed under suspension on the first day of Allotment year, the emoluments drawn by him immediately before that date shall be taken as emoluments.*FR 9(21)(a)(I) : The pay means the amount drawn by a Government servant as the pay other than special pay or pay granted in view of his personal qualification which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his previous cadre.Government Decisions:(i)Counting family pension in emolumentsIt has been decided in consultation with the Comptroller and Auditor General of India that the Family Pension granted to a Central Government employee under the Liberalized Pension Rules shall not be included in 'emoluments' as defined in Fundamental Rules 45-C.(M/o F. (Def.) OM NO.4(22)-Estates/65, dated 7-8-1965)(ii)Inclusion of rank pay for the purpose of definition of FR 9 (21)(a)(i)'Rank Pay' in case of officers in the Armed Forces may be treated as emoluments under FR 9(21)(a)(I) for determining entitlement to different types of General Pool accommodation.(DE OM No.12033 (1)/86-Pol.II(pt) dated 15.3.1988)(iii)Treating of Non-practicing allowance as a part of pay for allotment of General Pool residential accommodation (GPRA) to doctorsIt is reiterated that Non-Practicing Allowance will not be taken into account as part of pay for allotment of General Pool Residential accommodation to Doctors and the present practice of excluding it while determining entitlement for allotment of Government accommodation will continue.(DE OM No.12033(1)/86-Pol.II(pt.) dated 7.2.1990)(iv)Treating of stagnation increment as basic pay for determining the eligibility for different categories of GPRAIt has been decided that the stagnation increment should be taken as part of the pay for determining the eligibility of the officers for allotment of residential accommodation.(DE OM No.12035 (2)/86-Pol.II dated 23-1-1991)(v)Counting of past service for determination of date of priorityThe matter has since been reviewed and it has now been decided that the past service rendered by an employee shall be counted for the purpose of determining the date of priority even if the officer has drawn terminal benefits like pension and gratuity and periods of break in service shall be deducted from the total of the past service for determination of date of priority.• Counting of pension components for determining eligibilityIn case of re-employment within the concessional period, the employees are allowed to retain the accommodation or are allotted higher/lower type of accommodation on the basis of their pay. Normally on re-employment the pay is fixed after deducting elements of basic pension from the pay of the post. It has now been decided that for the purpose of allotment of accommodation 'notional pay' of the post, in which an official is re-employed shall be taken into account.• Counting of reservist pension drawn by an ex-serviceman for determination of entitlement of accommodationIt should be regulated in the same manner as in para above.• Counting of the period of past service for priority date for allotment of residential accommodation where there is no break but pensionary benefits have been drawnIt is clarified that past service where there is no break in service can be counted for determining date of priority under S.R.317-B-2(I).(D.E.O.M. No.12027 (1)/83-Pol-II dated 8-1-1992)(b)'Family' means the wife or husband, as the case may be, and children, step-children, legally adopted children, parents, brothers or sisters as ordinarily reside with and are dependent on the officer.Government Decision:(i)Whether legally adopted children come within the purview of definition of 'Family'It is clarified for the information of the Allotment Sections that legally adopted children come within the definition of the 'Family' of the allottee officers as indicated in SR 317-B-2(g).(DE OM No. 12035/9/83-Pol. II dated 4.3.1983)(c)'Government' means the "Central Government" unless the context otherwise requires;(d)'Priority Date' of an officer in relation to a type of residence to which he is eligible under the provisions of SR 317-B-5, means the earliest date from which he has been continuously drawing emoluments relevant to a particular type or a higher type in a post under the Central Government or State Government or on foreign service, except for periods of leave in respect of type V-A to type VIII accommodation, single and double room hostel accommodation and the date from which he has been continuously in service under the Central government or State government including the period of foreign service in respect of type I to IV accommodation, and accommodation in Working Girls' Hostel;Provided that where the priority date of two or more officers is the same, seniority among them shall be determined by the emoluments, the officer in receipt of higher emoluments taking precedence over the officer in receipt of lower emoluments; where the emoluments are equal, by the length of service and where both the emoluments and length of service are equal, on the basis of the scale of pay of the officer, the officer working in a post having higher scale of pay taking precedence over the officer in receipt of lower scale of pay.Government Decisions:(i)Counting of broken periods of service for determination of priority date for allotmentThe past service shall be counted for purposes of priority date for allotment of accommodation from the General Pool if they have been given any benefit of the past service for any one of the purposes of confirmation, quasi-permanency or pension. They will, however, not be allowed to count their past service in case they were given any terminal benefits (like civil/military pension/gratuity) other than leave for their past service.If any officer had more than one break in his service, the above mentioned benefits will be admissible only in respect of the continuous service rendered prior to the last break.(D.O. O.M. No.12027 (2)/78-Pol.II dated 19-9-1972)(ii)Priority date for Type IV Special and higher accommodation - condonation of the period during which the officer was ineligible for higher typeIt has been decided that in all such cases, break in the continuity of entitlement of a particular type may be treated as dies-non, if the period of continued entitlement for higher type prior to this break was one year or more and the benefit of such period may be allowed for computation of seniority for the higher entitled type of accommodation. In cases, where there are more than one such breaks in continued entitlement for a higher type of accommodation, only the last break should be condoned provided the period of entitlement for higher type of accommodation prior to that break is one year or more.(D.E. O.M. No.12027 (3)/76-Pol.II dated 14-12-1977)(iii)Priority date of officers entitled to Type I to IVIt has been decided that in the case of officials entitled for types I to IV (A to D) accommodation, if subsequent to the crucial date fixed for the relevant allotment year, the officer was drawing lesser emoluments for a short period and has started drawing the prescribed emoluments at the time of allotment, the period during which the officials drew lesser emoluments may be ignored and allotment be made on the basis of his date of joining service. If however, subsequent to applying for accommodation, the entitlement of the officials has got reduced due to reduction in pay and the officials is not entitled for the type of accommodation he has applied, he may be considered for allotment of the lower type of accommodation, provided his date of priority for the lower type is covered.(D.E. O.M. No.12027 (1)/87-Pol.II dated 18-9-1987)(iv)Deletion of names of applicants from waiting lists on acceptance of entitled type of accommodationIt has now been decided as under:-• The name of an applicant shall be deleted from the waiting list for lower types of accommodation, if he accepts the allotment of the entitled type of accommodation.• However, the applicant's name for allotment of lower type of accommodation shall continue to be reflected in the waiting list if the entitled type of accommodation is accepted technically and the applicant applies for a change.• The name of the applicant may also be deleted from the Change Waiting List for lower type(s) of accommodation if the applicant accepts the higher type of accommodation.(DE OM No.12035/1/2003-Pol.II dated 11.11.2003)(e)'Licence Fee' means the sum of money payable monthly in accordance with the provisions of the Fundamental Rules in respect of residence allotted under these rules;(f)'Residence' means any residence for the time being under the administrative control of the Director of Estates;(g)'Subletting' includes sharing of accommodation by an allottee with another person with or without payment of licence fee by such other person;Explanation. - Any sharing of accommodation by an allottee with close relations shall not be deemed to be subletting.Government Decision:(i)Sharing of accommodation - definition of close relationsThe following are to be treated as close relations:
(1)Father, Mother, Brothers, Sisters, Grandfather and Grandmother, Grandsons and Granddaughters.
(2)Uncles, Aunts, First cousins, Nephews, Nieces, directly related by blood to the allottee.
(3)Father-in-law, Mother-in-law, Sister-in-law, Brother-in-law, Son-in-law, Daughter-in-law.
(4)Relationship established by legal adoption.(D.E.O.M.No.12035 (17)/78-Pol.II dated 26-5-1978)(D.E.O.M.No.12035 (52)/78-Pol.II dated 25-1-1979)The concession of sharing accommodation available to the close relations as indicated above will not be admissible when relationship ceases by any order of Law/Court.(D.E. O.M. No. 12035(58)/79-Pol.II dated 31-8-1979)It has been decided to add "brother-in-law" also in the list of close relations who are eligible for sharing of Government accommodation with the allottee of General Pool residential accommodation.(D.E. O.M. No. 12032/2/83-Pol.II dated 24.8.1999).
(h)'Temporary Transfer' means a transfer which involves an absence for a period not exceeding four months;
(i)'Transfer' means a transfer from Delhi to any other place or from an eligible office to ineligible office in Delhi and includes a transfer or reversion to service under a State Government or Union Territory Administration other than Delhi Administration and also deputation to a post in an ineligible office or organisation;
(j)'Type' in relation to an officer means the type of residence to which he is eligible under SR-317-B-5.
S.R. 317-B-3