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Union of India - Section

Section 69 in The Central Government General Pool Residential Accommodation Rules, 2017

69. Penalty for subletting.

(1)Cancellation of allotment of accommodation or otherwise of the cases suspected of subletting shall be decided by the concerned authority after inquiry providing equal opportunity to the allottee as per the established procedure in this regard.
(2)The Deputy Director of Estates (enquiry) shall be the deciding authority and the Director of Estates shall be the appellate authority in respect of subletting of general pool residential accommodation in Delhi.
(3)In places other than Delhi, the deciding authority, the appellate authority and the Estate Officer in respect of subletting cases of general pool residential accommodation shall be given as under:
(i)In regional offices of the Directorate of Estates where the posts of Assistant Estate Manager and Estate Manager exists:
Deciding authority(1) Appellate authority(2) Estate Officer underPublic Premises (Eviction of Unauthorised Occupants) Act, 1971(3)
Assistant Estate Manager Superintending Engineer (Civil), CPWD of theconcerned area Estate Manager
(ii)In regional offices of the Directorate of Estates where the post of Assistant Estate Manager only exists
Deciding authority(1) Appellate authority(2) Estate Officer underPublic Premises (Eviction of Unauthorised Occupants) Act, 1971(3)
Assistant Estate Manager Superintending Engineer (Civil), CPWD of theconcerned area Executive Engineer(Civil), CPWD
(iii)Where post of Assistant Estate Manager/Estate Manager does not exist and officers of CPWD are designated as Assistant Estate Manager/Estate Manager:
Deciding authority(1) Appellate authority(2) Estate Officer underPublic Premises (Eviction of Unauthorised Occupants) Act, 1971(3)
Assistant Engineer (Civil), CPWD Superintending Engineer (Civil), CPWD of theconcerned area Executive Engineer(Civil), CPWD
(4)All cases of subletting shall be reported to the deciding authority who shall initiate inquiry and inspection in accordance with the procedure as may be specified by the Directorate of Estates from time to time.
(5)After completion of the inspection and inquiry under sub-rule (4), the inspection report shall be referred to the deciding authority. Who shall, after giving an opportunity of hearing to the allottee, pass an order in writing and where a case of subletting is established, the allotment shall be cancelled and the allottee shall be liable to the penalty under these rules:Provided that where allottee vacates the accommodation during the proceedings under this rule, the inquiry shall continue against such allottee and in case subletting is established, the remaining penalties shall be imposed on him as provided under these rules.Provided further that where allottee is aggrieved with the decision of the deciding authority, he may prefer an appeal before the appellate authority specified under sub-rule (3) within a period of thirty days from the date of receipt of the order of the deciding authority.
(6)Where fact of subletting has been established, the deciding authority shall refer the case to the Estate Officer for initiation of eviction proceedings under the provisions of the Public Premises Eviction (Unauthorised Occupants) Act, 1971 to carry out eviction proceedings.