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NCT Delhi - Section

Section 9 in Allotment of Government Residences (General Pool in Delhi) Rules, 1963

9. Out of Turn Allotment.

(1)Notwithstanding the provisions of SR-317-B-7 accommodation of entitled category -
(a)not exceeding three units in the case of personal staff attached to the Cabinet Minister,
(b)not exceeding two units in the case of Minister of State,
(c)not exceeding three units in the case of personal staff attached with Deputy Chairman, Planning Commission,
(d)not exceeding three units each in the case of personal staff attached to the Speaker, Lok Sabha and Deputy Chairman, Rajya Sabha.
may be allotted immediately on out of turn basis, if the exigencies of duties so demand.Government Decisions:
(i)Retention of accommodation by officials working in the personal staff of the Ministers on co-terminus basis
Allotment may be cancelled after allowing one month's concessional period under the SR-317-B-11 from the date the officials, who were working in the personal staff of Minister on co-terminus basis cease to be in the personal staff of the Ministers.The benefit of retention under SR-317-B-22 on medical/education ground on payment of double the normal licence fee may also be allowed in such cases.In case such officials avail leave immediately on termination of their services, the allotment may be cancelled after allowing one month's period or the period of their leave not exceeding four months, whichever is more.[DE OM No. 12035/24/96-Pol.II dated 16.8.96]
(ii)Guidelines for out of turn allotment
It has now been decided to lay down detailed guidelines which will regulate the discretionary allotments of Government accommodation in future. Discretionary allotments to serving Government officials shall be permitted only on medical, security and functional grounds.
(2)Such allotments on medical, security and functional grounds which are not covered under general policy instructions shall be made through two Committees of officers duly constituted for the purpose, which shall consider each request within laid down policy guidelines. The composition of the Committees shall be as under:A. Allotment of Type-IV SPL. and Above Accommodation
Secretary (Urban Development) Chairman
Secretary (Personnel) Member
(Where the proposal involve Additional Secretary, andequivalent or above)
OR
Establishment Officer
(Where proposal involves Deputy Secretary/ Director, JointSecretary and equivalent or Tenure Pool Officers)
Joint Secretary (in-charge of Estates matters) Member
Two Medical Experts (For medical cases only) Members
One Secretary/ Addl. Secretary level officer co-opted fromother Ministries Member
Director of Estates Member Secretary
(B)Allotment of Type IV and Below
Joint Secretary (Dealing with the estates matters) Chairman
Joint Secretary (Staff Welfare) Member
Ministry of Personnel & Training
Two Medical Experts Members
(For medical cases only)
One Joint Secretary level officer co-opted from otherMinistries Member
Director of Estates Member
Addl. Director of Estates/ Director of Estates-II Member Secretary
*Note: One officer of appropriate rank, such as Secretary/ Additional Secretary to the Government of India from Ministries other than Ministry of Urban Affairs and Employment or Personnel, Public Grievances & Pension shall be specifically invited. While extending such invitation, it will be ensured that representatives of that Ministries/ Department whose proposals are on the agenda of the meetings are not invited. Such a member shall be co-opted from various Ministries by following a principle of rotation.
(3)Procedure/ guidelines to be Followed:
(i)The committee shall meet at least once in three months to consider all applications received through proper channel. The requests in the case of Deputy Secretary and above should be specifically recommended by the Secretary of the Department concerned, and by Joint Secretary (Administration)/Heads of the Department in all other cases.
(ii)The committee shall consider discretionary allotment in the next below type of the entitlement of the officials concerned.
(iii)The Committee, while recommending allotment to the competent authority, i.e. Minister in-charge, shall make a speaking recommendation in each case giving specific reasons for discretionary allotment. Where the Minister differs from the recommendations of the Committee, he will also record the reasons therefore in writing.
(iv)The detailed guidelines for priority allotment of Government accommodation on medical grounds within the overall ceiling of 5% of all types of discretionary allotments in each type in a year are in Annexure-I.
(v)The priority allotment on functional grounds, as specified in Annexure II, shall be made by the Directorate of Estates within the overall quota prescribed for each category of dignitaries and the overall ceiling of 5% without referring them to the Committees constituted in para 2 above as no discretion in such cases is involved.
(vi)The Committee may also consider and recommend for allotment of residential accommodation to any other cases of serving officials, not falling under any of the categories mentioned above, on extreme compassionate grounds. Each allotment shall, however, be restricted to a total of not more than 5 houses in each type (Type-I to V only) in a year, within the overall ceiling of 5% of each such type in a year.
(4)Allotment to Private Individual/ Non-Governmental OrganisationThe allotments made to private persons such as eminent artists, persons of outstanding merit engaged in works of national standing or national award winners in the field of science, sports or social services and non-Governmental organizations/ institutions will be valid only up to the end of the current allotment period. The non-Governmental organizations will not be eligible for allotment of Government residential accommodation nor will any proposal for extension in the present allotment period be considered, except in national interest or meeting international obligations with the approval of the Cabinet Committee on Accommodation. Similarly, discretionary allotment to private individuals/ non-Government persons including freedom fighters shall be allowed only with the approval of the CCA, if it is considered necessary in national interest or for meeting international obligations. The widows of the freedom fighter will be allowed to retain Government accommodation only for a period of six months after demise of the allottees.
(5)All the aforesaid types of discretionary allotments shall be made by the Government within the overall ceiling of 5% of the vacancies occurring in each type of houses in a calendar year and under no circumstances such allotments shall exceed such ceiling.
(6)The Directorate of Estates shall circulate the list of all such allottees to the various Government Departments on a quarterly basis and an yearly statement of such allotment would be laid on the Table of each House of Parliament in the light of the Supreme Court Judgement dated 23.12.1996 in CWP No. 585/94.Annexure IMedical GroundsThe allotment on medical grounds including ground floor/ central area shall be made in the case of the Government Servants and their spouses, dependent children and dependent parents, suffering from any of the following diseases:
(a)Tuberculosis : Pulmonary tuberculosis (serious cases only)
(b)Cancer Cases : Malignant neoplasm
(c)Heart ailments : Of an exceptionally serious nature and in need of urgent treatment.
(d)Disabled persons:
(i)Blind - Those who suffer from either of the following conditions:
(1)Total absence of sight
(2)Visual Acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses
(3)Impression of the field of vision subtending an angle of 20 degrees or worse.
(ii)Deaf: Those having hearing loss of more than 90 decibels in the better ear (profound impairment) or total loss of hearing in both ears
(iii)Orthopaedically handicapped: To the extent of 40% and above disability.
(iv)Mentally handicapped/ spastic dependents.
Note: The list of diseases, on the basis of which discretionary allotment may be considered as above, is not an exhaustive one. The Committees may consider any other life threatening disease or other serious disability causing permanent impairment, for this purpose.In case disability of dependent parents is the sole ground for asking for discretionary allotment, the Committees should consider the facts and circumstances along with merits of each case carefully, before making their recommendations.Annexure-IIFunctional GroundsThe personal staff working with the Ministers and with other dignitaries as specified below shall be allotted accommodation one type below their entitlement on the basis of the emoluments prescribed on the crucial date in the relevant allotment year. However, Private Secretary to Prime Minister/ Minister shall be eligible for allotment of Government accommodation as per their entitlement on the crucial date subject to availability. The allotment of accommodation to the personal staff of the various dignitaries shall be made within the overall ceiling of 5% of vacancies in respect of each type of houses occurring in a year. The personal staff working with the following authorities shall be eligible for priority allotments:-
(1)Key personnel in Prime Minister's Office based on the recommendations made at a level not below the Joint Secretary in-charge of administration in the Prime Minister's Office.
(2)Personal Staff attached to Ministers:-
(i)Cabinet Minister/ Ministers of State:- Three members of the personal staff (other than Group "D") and one Jamadar/ Peon. In addition, one Group 'D' may be given change of accommodation as recommended by the Minister.
(ii)Deputy Ministers/ Parliamentary Secretaries:- Two members of personal staff (other than Group "D") and one Jamadar/ Peon. In addition, one Group 'D' may be given change of accommodation as recommended by the Minister.
Such allotments would be subject to the further following conditions:-
(a)Such priority allotments have not already been made to the personal staff on the recommendations of the Minister, Deputy Minister or Parliamentary Secretary.
(b)No fresh sanction for such allotment would be made with the change in the portfolio of the Minister, etc; if those members of the staff who have been allotted General Pool quarters on the basis on his recommendation, continue to be with the Minister.
(c)In case of a new Minister, if none of the members of his personal staff have been allotted accommodation on his recommendations, irrespective of whether some members of his personal staff are in occupation of General Pool accommodation, priority allotments may be made on his recommendation restricting the numbers as prescribed above.
(d)If the portfolio of the Minister is changed or if the Minister demits office and is thereafter appointed as Minister in the same Ministry or in another Ministry in case those members of his personal staff who have been allotted General Pool accommodation earlier continue to be in his personal staff and the quota indicated above have been exhausted, no further priority allotment or change of allotment is to be made.
(3)Key personnel in Cabinet Secretariat :- Key officials of Cabinet Secretariat(Main) with responsibility relating to meeting of the Cabinet/ Cabinet Committees/ Committees of Secretaries as recommended by the Joint Secretary in-change of Administration in the Cabinet Secretariat
(4)Leaders of Opposition in the Lok Sabha/ Rajya Sabha: Three members of personal staff (other than Gr. 'D') and one Jamadar/ Peon.
(5)Chairman/ Deputy Chairman, Rajya Sabha, Speaker/ Deputy Speaker, Lok Sabha/ Chief Justice of India/ Deputy Chairman, Planning Commission:- Three members of personal staff (other than Group "D") and one unit for Jamadar/ Peon.
(6)Judges of Supreme Court/ Members of Planning Commission:- Two units for personal staff (other than Gr. 'D') and one unit for Jamadar/ Peon.
(7)Chief Election Commissioner/ Election Commissioners/ Secretaries to Government of India: - Two units for personal staff (other than Group "D") and one unit for Jamadar/ Peon.
(8)A maximum of two persons from personal staff of each of the former Presidents, Vice Presidents and Prime Ministers may be provided with discretionary residential allotments from the General Pool in Delhi, provided the dignitaries are residing in Delhi.Note:- The allotment of accommodation may be made in a central area, subject to availability. However, no personal staff shall be entitled to more than one change, which would form part of "in-turn change" after due enlistment on the change waiting list.(DE OM NO. 12035/2/97-Pol.II (Part II) dated 17.11.1997)
(iii)Change of accommodation in respect of residences allotted on out-of-turn basis during the year 1991-1995
It has been decided that out-of-turn allottees of type III and higher type of accommodation may be registered for change of accommodation in case their date of priority for in turn allotment for such type of accommodation is covered.(DE OM No.12033/3/76-Pol.II dated 3.12.1997)
(iv)Priority allotment on functional grounds - change of accommodation
Personal staff working in PMO/Cabinet Secretariat etc, who have been sanctioned priority allotments against discretionary quota of 5% and whose turn in in-turn/initial waiting list is covered in the normal course, may be offered a Government accommodation in the central area (First floor) or non-central area (Ground floor) overlooking the change waiting list, on functional grounds. Such allotment may not be counted against the discretionary quota of 5% as there would not be any net loss of unit to the housing stock available for in turn allotment.(DE OM NO. 12035/2/97-Pol.II (Part II) dated 24.4.2000)
(v)Discretionary quota for personal staff attached with ministers consequent upon formation of new Government
It is clarified that consequent upon formation of new Government, the members of Union Council of Ministers will be eligible for discretionary quota for allotment of Government accommodation to their personal staff on functional grounds even if some of the members of personal staff, who have been allotted Government accommodation from the quota of same Ministers in the previous Government, continue to work with them.(DE OM NO. 12035/2/97-Pol.II (Part II) dated 17.5.2000)
(vi)Review of guidelines dated 17.11.1997
It has now been decided as under:-
(a)All categories of personal staff attached with various dignitaries shall be allotted accommodation one type below their entitlement. Priority allotments shall be made as per the waiting lists maintained on the basis of dates of sanctions.
(b)Specific cases of overriding priority would be decided by the Cabinet Committee on Accommodation.
(c)An annual quota of 20 residential units may be earmarked for priority allotment to the officers working in the PMO. These units shall be in addition to the number of units to be allotted to the personal staff attached to the Prime Minister.
(d)An annual quota of 10 residential units may be provided for allotment to the key officials working in Cabinet Secretariat.
(e)A quota of 15 residential units may be earmarked for allotment on priority basis to the key officials working in the Vice President Secretariat.
(f)Discretionary quota in respect of Chief Justice of India may be increased to 7 units.
(g)2 units for personal staff and one unit for Jamadar/ Peon may be allowed for priority allotment attached with the CAG of India, Attorney General of India, Chairman, UPSC and Central Vigilance Commissioner.
(h)The personal staff/key officials eligible for priority allotment on functional basis shall be eligible to accept two below category of accommodation within the overall ceiling prescribed and still remain in consideration for priority allotment of one below category.
(DE OM No.12035/2/97-Pol.II dated 28.7.2000)
(vii)Allotment of government accommodation on security grounds
It has now been decided that:
(i)In future no Government accommodation will be allotted to any private person on security consideration except to an SPG protectee.
(ii)Security protectees will not be required to surrender their own house in Delhi in lieu of allotment of General Pool residential accommodation.
(DE OM 12035/8/93-Pol.II (part) dated 27.12.2000)Special licence fee shall be charged in respect of Government accommodation provided to the security protectees including SPG protectees.(DE OM 12035/8/93-Pol.II (part) dated 24.7.2003)
(viii)Quota for key personnel working in the Deputy Prime Minister's Office
An annual quota of five units may be earmarked for allotment to the key personnel working in the Deputy Prime Minister's Office under overall ceiling of 5% of vacancies occurring in each type in a calendar year. These units shall be in addition to the number of units to be allotted to the personal staff attached to the Deputy Prime Minister under the provisions of the Allotment Rules.(DE OM No.12035/2/97-Pol.II dated 24.7.2003)
(ix)Out-of-turn allotment to the 'key officials' working in Vice-President's Secretariat, Prime Minister's Office and Cabinet Secretariat.