Section 11 in Allotment of Government Residences (General Pool in Delhi) Rules, 1963
11. Non Acceptance of Allotment or Offer or Failure to Occupy the Allotted Residence after Acceptance.
(1)If any officer fails to accept the allotment of a residence within five days or fails to take possession of that residence after acceptance within eight days from the date of receipt of the letter of allotment, he shall not be eligible for another allotment for a period of one year from the date of the allotment letter.(2)If an officer occupying a lower type of residence is allotted or offered a residence of the type for which he is eligible under SR 317-B-5 or for which he has applied under SR 317-B-7(I)(iii), he may, on refusal of the said allotment or offer of allotment, be permitted to continue in the previously allotted residence on the following conditions :-(a)That such an officer shall not be eligible for another allotment for the remaining part of the allotment year in which he has declined the allotment or offer.(b)While retaining the existing residence he shall be charged the same licence fee which he would have paid under FR 45-A in respect of the residence so allotted or the licence fee payable in respect of the residence already in his occupation, whichever is higher.Government Decisions:(i)Liability for payment of licence fee in respect of officers refusing allotmentWhen an officer in occupation of lower type of accommodation is allotted or offered the residence of the entitled type for which he is eligible under SR 317-B-5, and such an allotment has been expressly refused in writing, the liability for payment of licence fee would commence from the date of refusal and in cases in which the refusal is inferred from the omission/ silence on the part of the allottee i.e. in case in which the refusal is a matter of inference/ presumption the liability for payment of licence fee mentioned in rule 10(2) (b) would be from the 5th day of the receipt of the allotment letter or the 8th day of the date of receipt of the letter of allotment in case an officer after acceptance fails to take the possession of the accommodation, as the case may be.(DE OM NO. 12033/1/77-Pol.II dated 12.7.1974)(ii)Non acceptance of allotment of the entitled type of accommodation by officers in occupation of lower type of residence - recovery of licence feeAn officer in occupation of a lower type of residence, who refuses to accept allotment of his entitled type, is to be charged the same licence fee which he would have had to pay under FR 45 A in respect of his residence so allotted or offered or the licence fee payable in respect of the residence already in his occupation, whichever is higher. Such enhanced licence fee is recovered for the remaining part of the allotment year in which the allotment of the higher type of residence is made.(DE OM NO. 12033/4/78-Pol. II dated 22.1.1979)(iii)Admissibility of HRA on restriction of allotmentThe question of admissibility of House Rent Allowance in the case of employees whose requests for restriction of initial allotment have been acceded to, subject to the condition that they agree to bear rental liability in respect of the quarters allotted to them but not occupied or that would have been allotted to them in their turn, has been examined in consultation with the Ministry of Finance and it has been decided that house rent allowance may be paid in such cases if they are otherwise eligible for HRA. However, HRA will not be admissible from the date of commencement of the rental liability of the quarter allotted to them after restriction.(DE OM No. 12035/9/86-Pol. II dated 20.10.1987)(iv)Restriction of allotmentWhere restriction of locality/floor is sought by Government officers after initial allotment has been made to him, he may be considered for another allotment only after expiry of three months. He would be put on change waiting list for the locality/ floor of his choice only after such debarment period is over. However, in cases where the officer is willing to pay licence fee for one month to compensate the Government for likely of loss revenue, he shall be put on the change waiting list immediately after his consent in this regard is received in writing.In cases where request for such restrictions are made before initial allotment, no rent need be charged and the officer concerned will be put on the change waiting list for the locality/ floor of his choice, with reference to the date on which his date of priority is covered, or when his specific request was received in this Directorate, whichever is later. In cases where an officer seeks area/ floor restriction in advance, prior to the date on which his date of priority got covered, the officer concerned may, straightaway, be put on the change waiting list for the locality of his choice with reference to the date on which his priority for the said type of accommodation got covered, and/ or the date when his specific request for area/floor restriction was received in the Directorate, whichever is later.(DE OM. No. 12035/9/86-Pol. II dated 15.9.1997)It has been decided that allottees, who are already in possession of Government accommodation of lower type, may also apply for restriction of locality/floor in respect of higher type of accommodation offered to them on maturity of their turn. Such allottees shall be wait-listed for change as per their choice and will be liable to pay normal licence fee for a periods of one month only in addition to the normal licence fee in r/o lower type of residence in their possession, till the maturity of their turn for change in higher type.(DE. OM NO. 12035/9/86-Pol. II dated 17.3.1998)(v)Deferment of allotment of residential accommodationAs per existing instructions deferment of allotment of residential accommodation can be sought for a period of not less than three months and for a maximum period of six months. It has now been decided that request for deferment after offer of allotment may not be treated as refusal to accept the allotment and the applicant may not be debarred from allotment. Such cases may be reconsidered for allotment on receipt of request after the deferment period is over.(DE OM No.12035/7/2000-Pol.II dated 28.3.2000)(vi)Acceptance of allotment - period forIt has been decided as working arrangement that response to an allotment should be awaited for 8 days from the date of issue of the allotment letter and the residence concerned should be allotted further in the waiting list immediately thereafter.(DE OM No. 12035/16/2005-Pol.II dated 2.9.2005)(vii)Deferment of allotment of residential accommodationDeferment of allotment of residential accommodation can be sought for a period of not less than three months. In case where officers seek deferment after the initial allotment, the question of any rent liability in such cases does not arise.In cases where officers in occupation of lower type of accommodation request for allotment of their entitled type of accommodation after the allotment of their entitled type of accommodation has been made, they may also be allowed deferment for three months on the condition that they would pay licence fee for the lower type of accommodation in their occupation or the licence fee which they would have had to pay in respect of the residence so allotted or offered, whichever is higher. The deferment will be for a maximum period of six months.(DE OM No. 12035/16/2005-Pol.II dated 2.9.2005)(S.R. 317-B-11)
