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[Cites 0, Cited by 0] [Section 13] [Entire Act]

NCT Delhi - Subsection

Section 13(2) in Allotment of Government Residences (General Pool in Delhi) Rules, 1963

(2)Where an officer, who is in occupation of a residence is allotted another residence and he occupied the new residence, the allotment of former residence shall be deemed to be cancelled from the date of occupation of the new residence. He may, however, retain the former residence on payment of normal licence fee for a period of 15 days for shifting to the allotted accommodation in change.Provided if the former residence is not vacated within 15 days as aforesaid, the officer will be liable to pay damages for use and occupation of said residence, furniture and garden charges as may be determined by Government from time to time with effect from ninth day from the of acceptance of the new residence.Government Instructions:
(i)Recovery of rent for the servant quarters attached to the converted chummeries in Lodhi Colony, New Delhi
It has now been decided that in the case of four converted chummeries which have been classified as Type IV residences, and where the servant quarters are so placed that the staircase passes through them to the terrace, one servant quarter each will be treated as attached to such chummeries i.e., to converted chummeries Nos.DI/A2,DI/A4,DI/A6 and DI/A8. In the case of two roomed DI converted chummeries on the first floor which have been classified as Type III residences, the servant quarters on the terrace will be deemed as attached one each to the nearest chummery. In all such cases the pooled standard rent of the chummeries and the servant quarters will be calculated as one unit, reckoning the living area of the servant quarters on the same basis as applicable to the main residences. The recovery of the rent from the allottees will then be made under the provisions of FR-45-A i.e. at the rate of the combined pooled standard rent or the 10% of the emoluments of the allottee concerned, whichever is less.(DE OM No.18011/7/66-Pol.I dated 15.11.1966)
(ii)Recovery of licence fee from clubs, associations etc.
Recovery of licence fee in respect of General Pool accommodation in occupation of clubs, Associations of Government employees, Consumer Co-operative Societies run under the aegis of the Ministry of Home Affairs etc., should be regulated as under :-
1. Central Government employees Consumers' Cooperative Societiesrun under the aegis of the Department Of Personnel, Ministry ofHome Affairs. Nominal Licence fee of Re.1/- per month plus service charges.
2. Co-operative Societies/Stores run by the Departments or bythe Employees' Associations in offices out of Departmentsentitlement for office accommodation. Re.1/- per month plus electricity, water charges etc.
3. Recognised Clubs and Associations in occupation ofresidential accommodation. Full standard licence fee or pooled Standard Licence Feeunder FR-45-A (Where pooled) plus service charges.
4. Office accommodation for office purposes to recognizedassociations/ unions of Central Government employees set up to takeup cases of such employees from the point of employer andemployees relationship --do--
5. Recognised Associations/ unions of Central Government employeesin occupation of buildings specially constructed for recreationand welfare purposes i.e. Community Halls, Recreation Centresand club buildings. Licence fee fixed on the actual cost of maintenance repairs,service charges and such other elements as may be decided inaccordance with the orders contained in Works, Housing andSupply Memo.No.12/10/58-Acc.I dated 2-4-60. Licence fee underFR-45-B plus Departmental charges plus service charges.
6. Residential accommodation in occupation of associations ofCentral Government employees for running Co-operative Stores.
(DE OM No.18015/1/68-Pol.I dated 4.12.1970)
(iii)Recovery of rent in respect of General Pool accommodation allotted to officers of the Defence Services who are on deputation to civilian Departments
Consequent on introduction of flat rate of licence fee in respect of General Pool accommodation throughout the country, it has been decided that defence service officers who are on deputation to Civilian Departments and who are in occupation of General Pool accommodation may be governed by the rules applicable on General Pool residential accommodation. Accordingly, the flat rates of licence fee as applicable to civilian central Government employees will also be applicable to defence service officers who are on deputation to Civilian Departments.(DE OM No.12035 (8)/81-Pol.II dated 17.7.1984)
(iv)Clarification regarding recovery of common service charges
It is clarified that for common service/conservancy and fire tax and scavenging tax payable for residences, no additional charges are to be recovered from the allottees. Common service would include staircase light, common light charges in multi-storied buildings, conservancy charges in hostels etc. In other words, only licence fee plus water charges where water meters have not been installed, garden charges and charges on account of furniture, electrical appliances, etc., wherever issued are to be recovered from the allottees.(DE OM No.12035/1/85-Pol.III, dated 8.2.1990)
(v)Recovery of licence fee from government servants occupying government accommodation higher than entitlement
Where an officer/official is allotted a Government accommodation higher than his entitlement, at his request, he should be charged full standard licence fee for the residence allotted or the flat rate of licence fee for the quarter whichever is higher.(DE OM NO.18011/2/90-Pol.III, dated 14.9.1990)
(vi)Eligibility of the Comptroller and Auditor General & Chief Election Commissioner of India.
In accordance with the above provisions in the Supreme Court Judges Rules 1959, a Supreme Court Judge is provided rent-free furnished residence with furniture and electrical appliances within a monetary ceiling of Rs.38,500/-. Since the Comptroller and Auditor General and the Chief Election Commissioner vide provisions mentioned above has been made entitled to a rent-free residence and also the same facilities as are available to a Judge of the Supreme Court under Chapter IV of the Supreme Court Judges Act and the Rules framed there under, the Comptroller and Auditor General of India, and the Chief Election Commissioner of India shall also be entitled to rent-free furnished accommodation on the scale applicable to Supreme Court Judge as mentioned above.(DE OM NO.14011/4/90-Pol.III, dated 12.10.1990 andDE OM No.14011/6/90-Pol.III, dated 19.11.90)
(vii)Payment of house rent allowance/licence fee in case of failure to take possession of accommodation
Under S.R. 317-B-12(1) if a Government servant after acceptance, fails to take possession of Government accommodation within 8 days from the date of receipt of allotment letter, licence fee shall be charged from him from such date up to a period of twelve days, as he is considered to be in deemed possession of that accommodation during that period. It has been decided that such Government servant would also not be entitled to HRA for the period of 12 days for which licence fee is charged from him.(DE OM No.17012 (8)/89-Pol.II, dated 22.10.1990)
(viii)Levy of service charges/conservancy charges etc. from employees allotted rent-free accommodation
The charges for common service, conservancy and fire tax, scavenging tax would not be recovered from rent-free allottees also from the date the flat rate of licence fee was introduced, viz. 1.7.1987.(DE OM No.18016/1/88-Pol.III, dated 3.6.1991)
(ix)Recovery of licence fee from Government servants who are allotted Government accommodation higher than their entitlement on their own request
It has been decided (in consultation with the Comptroller and Auditor General in so far as persons working in the Indian Audit and Accounts Department) to charge three times the flat rate of licence fee or full standard licence fee under FR-45-A, whichever is higher, from those Government servants who are allotted Government accommodation of a type higher than entitlement on their own request.(DE OM No.18011/2/90-Pol.III dated 1.8.1991)
(x)Recovery of licence fee from government servants who are allotted government accommodation higher than their entitlement on their own request.
(i)The Government servants who were already in occupation of Government accommodation of a type higher than their entitlement prior to 1.8.91 should be allowed the option to change over to their entitled type on the floor and area of their choice. They should continue to be charged normal licence fee till they are allotted entitled type of accommodation. In case allotment of entitled type is not accepted, then enhanced licence fee may be charged from the date of refusal.
(ii)The normal licence fee will be charged from such allottees from the first day of the commencement of the Allotment Year in which they became entitled to that type of accommodation with reference to that Allotment.
(iii)These Government servants, who are entitled to rent-free accommodation and are allotted an accommodation of a type higher than their entitlement on their own request, would be charged twice the flat rate of licence fee instead of 3 times. Accordingly, they will get the benefit of single flat rate of licence fee to which they are entitled.
(DE OM No.18011 (2)/90-Pol.III dated 20.7.1992)
(xi)Recovery of arrears in instalments - charging of interest
Request for recovery of arrears of licence fee/damages in instalments are considered on merits of each case and no interest is charged from the applicant. It has now been decided that such request may be considered separately in deserving cases only subject to the fulfilment of the following conditions:-
(i)The employee agrees to pay 50% of the dues in lump-sum in advance.
(ii)The balance may be recovered in 5-10 instalments depending upon the quantum of recovery and the paying capacity of the employee subject to payment of interest @ 12% per annum.
(iii)Recovery of instalment along with the interest amounts will be effected by the Administrative Department from the salary of the employee every month till full amount is recovered.
(iv)The allottee shall have to furnish sureties from two permanent Government servants who may not retire on superannuation before the total amount is recovered. In case, either or both the sureties take voluntary retirement or die in harness or leave service otherwise, the concerned employees will have to make arrangements for other sureties.
(v)In case the concerned employee is victim of any calamity, natural or otherwise the portion of outstanding dues not realized or recovered till then would be adjusted from the gratuity payable to him.
Request for recovery of licence fee arrears in instalments is normally to be accepted in case of regularisation on re-posting /regularisation or allotment of alternate accommodation in the name of the ward in case the death/retirement for which approval of the Directorate of Estates/DE-II may be obtained.(DE OM NO.12035/3/93-Pol.II dated 9.7.1993)
(xii)Recovery of licence fee from Government servants allotted surplus accommodation higher than their entitlement
Where due to availability of surplus quarters at some stations, if Government servants are offered accommodation of a type higher than their entitlements by the Government, flat rate of licence fee shall be charged.(DE OM No.18011 (2)/90-Pol.III dated 21.4.2003)
(xiii)Revision of rates of rent for durable/ non-durable items of furniture
It has been decided to revise the said rates. Revised rates of rent per month for durable and non-durable (perishable and non-perishable) items of furniture are as under:-
(I) Revised Rent Recovery Rates
A. Durable furniture items - 1.90% per month
B. Non-Durable – Non-perishable items - 2.90% per month
C. Non-Durable-Perishable items - 3.50% per month
(II) Mode of Recovery – Based on life of furniture items
A. Durable furniture items (life span 15 years):
Age of furniture article Rent to be charged on
Up to 5 years 100% of the Book value
After 5 years 75% of the Book value
After 10 years 50% of the Book value
After 15 years (if still usable) 25% of the Book value
B. Non-Durable-Non-perishable furniture items (life span 7years)
Age of furniture article Rent to be charged on
Up to 2 years 100% of the Book value
After 2 years 75% of the Book value
After 5 years 50% of the Book value
After 7 years (if still usable) 25% of the Book value
C. Non-Durable-Perishable furniture items (life span 3years):
Age of furniture article Rent to be charged on
Up to 1 year 100% of the Book value
After 1 year 75% of the Book value
After 2 years 50% of the Book value
After 3 years (if still usable) 25% of the Book value
These rates are effective from 19.6.2002.
(DE OM No.14013/1/99-Pol.III Dated 19.6.2002)
(xiv)Recovery of arrears of licence fee/damages before making actual allotment
It has now been decided that arrears of licence fee/ damages, if any, shall be recovered in advance from the Government officials before making actual allotment in respect of following cases:
(a)Fresh/ initial allotment.
(b)Regularisation or allotment of alternate accommodation in the name of ward/spouse in the event of retirement/ death of the allottee.
(c)Regularisation of allotment in the name of allottee on re-posting at the same station.
(d)Regularisation of allotment in the name of remaining spouse in the event of transfer of the allottee to other station/ ineligible office.
(DE OM NO.12035/18/2002-Pol.II dated 20.8.2002)
(xv)Flat rates of licence fee applicable for General Pool residential accommodation through out the country w.e.f. 1.7.2004
Sl. No. Type of accommodation Range of living area (in sq. mt. Rate of licence fee p.m. Remarks
1. I Up to 30 Rs. 28 Quarters sharing toilet facilities meant for more than twoquarters
2. I -do- Rs. 36 Quarters sharing toilet facilities meant for two quarters
3. I -do- Rs. 64 Old quarters with plinth area less than 300 sq. ft.
4. I -do- Rs. 80 Old quarters with plinth area of 300 sq. ft. or more
5. II More than 26.5 and up to 40 Rs. 143  
6. II 41 to 50 Rs. 183  
7. III More than 34.5 and up to 55 Rs. 217  
8. III 56 to 65 Rs. 265  
9. IV 59 to 75 Rs. 293  
10. IV 76 to 91.5 Rs. 367  
11. V (DII) Up to 10-6 Rs. 520  
12. V (DI) Beyond 106 Rs. 632  
13. VI (CII) Up to 159.5 Rs. 773  
14. VI (CI) Beyond 159.5 Rs. 924  
15. VII (E.II) 189.5 to 224.5 Rs. 1087  
16. VIII (E.III) 243 to 350 Rs. 1557  
17. VIII (E.III) 350.5 to 522 Rs. 2290  
Hostel Accommodation
18. Single suite 21.5 to 30 Rs. 198  
19. Single suite 30.5 to 39.5 Rs. 280  
20. Double suite 47.5 to 60 Rs. 385  
For servant quarters and garages allotted independent of the regular accommodation/ hostel, following flat rates may be recovered:
1. Servant quarter Rs. 36  
2. Garage Rs. 22  
Note. - The rates would be subject to the ceiling of 10% of the monthly emoluments of the allottee.(DE OM No.18011/4/2003-Pol.III dated 22.6.2004)
(xvi)Recovery of licence fee from Government employees, who are offered and allotted Government accommodation higher than their entitlement
In all cases where due to adequate availability of quarters of a particular type, a Government employee is allotted accommodation of a type which is higher than his entitlement, only flat rate of licence fee relevant to that type of accommodation is to be charged from such allottee. However, three times the normal rate of licence fee is to be charged from those Government employees who are allotted, out-of-turn, Government accommodation of a type higher than their entitlement at their own request, despite there being no surplus quarters in that type.