Section 23 in Allotment of Government Residences (General Pool in Delhi) Rules, 1963
23. Overstay in residence after cancellation of allotment.
- Where, after an allotment has been cancelled or is deemed to have been cancelled under any provision contained in these rules, the residence remains or has remained in occupation of the officer to whom it was allotted or of any person claiming through, such officer shall be liable to pay damages for use and occupation of the residence, services, furniture and garden charges, as may be determined by government from time to time;Provided that an officer, in special cases, except in case of death, may be allowed by Directorate of Estates to retain a residence for a period not exceeding 6 months beyond the period permitted under SR 317-B-11(2), on payment of twice the flat rate of licence fee or twice the licence fee he was paying, whichever is higher;Provided further that in the event of retirement or terminal leave, the allottee shall be eligible to retain the government accommodation for a further period of two months on payment of four times of the normal licence fee and subsequent two months on payment of six times of the normal licence fee for special reasons involving medical/ educational grounds, subject to appropriate certification by the authorities concerned;Provided further that in the event of death of the allottee, his/her family shall be eligible to retain the Government accommodation for a further period of one year on payment of normal licence fee. The extended period of retention shall not be allowed in cases where the deceased officer or his/her dependents owns a house at the place of posting.Government Instructions:(i)Retention on medical, educational grounds etc.In case of a temporary transfer where retention beyond the normal period of four months permissible under the provisions of SR 317-B-11 is sought for strictly in the circumstances of the public interest i.e. where the officer concerned is given the impression that his transfer or deputation is for a short spell and where that is extended by the Ministry/Department concerned by short periods, extensions may be granted by relaxation of the relevant provisions of SR 317-B-11. In such cases of temporary transfer, or deputation, to places outside India, etc. rent for the entire period should be charged as normal rent under FR 45-A with the approval of Joint Secretary concerned.(DE OM NO. 32/9/63-CDN dated 9.9.1965)(ii)Recovery of damages from unauthorised occupants of government premisesIn case of damages recoverable from unauthorised occupants, it has been decided that the damages for use and occupation of the residence, services and garden charges may be assessed at the rate of licence fee recoverable from private persons/organisations. No indication need, however, be given in the cancellation letters or assessments conveyed to such unauthorised occupants that the damages are being recovered at the 'market rate' as may be determined by Government from time to time and it should only be stated that the damages will be recoverable for occupation of the residences, services, furniture and garden charges etc. in accordance with the law/Rules, or in the alternative, the rate of damages may be indicated. In case the damages assessed are challenged by the unauthorised occupants, it would be necessary for the Department to put forward material/evidence before the 'Estate Officer' or the Court concerned in regard to the letting out value of the premises in question.
