(c) Conditions of Tenancy and
Rent payable by Government employees.
5.29 When Government supplies a Government
employee with a residence leased or owned
by it, the following conditions shall be observed :-
(a)
the scale of accommodation supplied shall not, except at the Government
employees own request exceed that which is appropriate to the status of the
occupant ;
(b)
unless otherwise expressly provided in these rules, he shall, except
where the residence meant for one
Government employee is shared by more than one Government employee pay _
(i)
rent calculated at the rate of ten per cent of his monthly emoluments ;
and
(ii)
municipal and other taxes payable by Government in respect of the
residence not being in the nature of house or property tax.
Note 1. - Government
employees who have been allotted (without their having asked for such
allotment) accommodation of a lower category that to which they were entitled
and if that accommodation carries standard rent less than ten per cent of their
emoluments shall be charged only standard rent for that accommodation. This note shall not apply in a case where a
Government employee has himself asked for an accommodation of lower category
then to which he was entitled.
Note
2. - Shared accommodation has
been categorised as follows :-
(a)
where the portions do not have independent amenities like kitchen, bath
room and lavatory, etc., as in the case of sharing being done at Chandigarh and
(b)
where a big residential building has been converted into independent
portions provided with essential amenities like bath room, lavatory and kitchen
etc.
Note
3.- In cases falling under
category (a) of Note 2 above, -
(1) at Chandigarh ,
where accommodation is shared by –
(i)
two Government employees, each Government employee shall be charged
rent at the rate of five percent of his monthly emoluments ; and
(ii)
Three Government employees, each Government employee shall be charged
rent at the rate of 3-1/3 per cent of his monthly emoluments.
(2) at places other
than Chandigarh , where the accommodation can be equally shared by two or three
Government employees the principal of charging rent applicable in Chandigarh
shall apply and where accommodation cannot be equally shared the rent shall be
charged proportionately to the accommodation shared.
Note 4. - In
cases falling under category (b) of Note 2 above, the residential accommodation
shall be allotted to suitable category of Government employees according to
norm of cost and space (to be calculated on the basis of Chandigarh norm and
rates) and Government employees shall be liable to pay ten per cent of their
emoluments irrespective of the Standard rent.
Note 5. - The Government employees living in
cheap (Katcha) houses or in sheds, which do not provide the minimum residential
amenties, shall be charged standard rent or ten per cent of their emoluments,
whichever is less.
Note 6.- The leased accommodation shall be
treated at per with the Government owned accommodation in the matter of charging of rent and the Government employees
shall be charged at the rate of ten per cent of their emoluments irrespective
of the rent paid for it by the Government to the owner.
5.30 Notwithstanding anything contained in
clause (b) of rule 5.29 above, Government may-
(i)
At any, after the standard rents have been calculated, under the
provision of rule 5.23 above, group a number of residences, whether in a
particular area or of a particular class or classes, for the purpose of
assessment of rent, subject to the following conditions being fulfilled :-
(1)
that the basis of assessment is uniform ; and
(2)
that the amount taken from any Government employee shall not exceed 10
per cent of his monthly emoluments;
(ii)
by the general or special order provide for taking a rent in excess of
that prescribed in rule 5.29 (b) above from a Government employee –
(1)
who is not required or permitted or reside on duty at the station at
which the residence is supplied to him ; or
(2)
who, at his own request, is supplied with accommodation which exceeds
that which is appropriate to the status of the post held by him; or
(3)
who, is in receipt of a compensatory allowance granted on account of
dearness of living; or
(4)
who is permitted to sub-let the residence supplied to him; or
(5)
who sub-lets without permission the residence supplied to him ; or
(6)
who does not vacate the residence after the cancellation of allotment.
Note 1.- Under clause (ii) of this rule rent
may be recovered in excess of 10 per cent of a Government employee’s emoluments
but not in excess of the standard rent as defined rule 5.23.
Note 2.- If the rent of a building allotted to
a Government employee is enhanced from a previous date, nothing shall prevent
Government from effecting the recovery at the enhanced rate with retrospective
effect.
5.31 A Government employee who, at his own
request, is supplied with a residence owned or leased by Government of a class
higher than that for which he is eligible or affording accommodation in excess
of that which is appropriate to his status, unless otherwise decided by the
competent authority, be charged the full standard rent as calculated under rule
5.23 et seq and shall not be given the benefit of the 10 per cent concession
afforded by rule 5.29 (b).
5.32 Non-migratory Government employees premie
to recess in the hills shall pay for houses provided in the hills shall pay for
houses provided in the hills, 10 per cent of emoluments, or the standard rent,
whichever is less, for the period of allotment. This rent, shall be paid in addition to the rent assessable under
the rules for a residence supplied at the Government employee’s headquarters.
5.33 For the purposes of clause (b) of rule 5.29
above “emoluments” means :-
(i)
Pay ;
(ii)
Payment from Government revenues and fees if such payments or fees are
received in the shape of a fixed addition to monthly pay and allowances as part
of the authorised remuneration of a post ;
(iii)
Compensatory allowances other than travelling allowance uniform
allowance, clothing allowance, outfit allowance, special outfit allowance,
uniform grant and grant for horse and sadlery , whether drawn from the general
revenues or from a local fund ;
(iv)
Exchange Compensation Allowance ;
(v)
Pension , other than a pension drawn under the provisions of Chapter
VIII of Volume II of these rules or compensation received under the Workmen’s Compensation
Act, 1923, as subsequently amended ;
(vi)
In the case of a Government employee under suspension and in receipt of
a subsistence grant, the amount of the subsistence grant, provided that if such
Government employee is subsequently allowed to draw pay for the period of
suspension the difference between the rent recovered on the basis of the
subsistence grant and the rent due on the basis of the emoluments ultimately
drawn shall be recovered from him.
It does not
include allowances attached to Decorations and Medals conferred on Civil,
Military and Police personnel.
Note 1.- The emoluments of Government
employee paid at piece-work rate shall
be determined in such manners as the competent authority may prescribe .
Note 2.- The emoluments of a Government
employee on leave mean the emoluments
drawn by him for the last complete calendar month of duty performed by him
prior to his departure on leave.
Note 3.- The amount of pension to be taken
into account will be the amount originally sanctioned i. e. before commutation
if any, and will also include the pension equivalent of death-cum retirement
gratuity and other forms of retirement benefits, if any e.g. Government’s
contribution to a Contributory Provident Fund, commuted value of pension etc.
Note 4.- Whole deduction on account of house
rent from Government employees in receipt of sterling overseas pay should be
made in India and the sterling overseas pay should be converted into rupee at
5.27 new pence or the rate in force from time to time to the rupee for the
purposes of calculating house rent if the amount of house rent due has to be
determined with references to pay of the occupier.
Note 5.- Under clause (ii) above, fees
received by a Government employee in the shape of a fixed addition to monthly
pay and allowances as a part of the
authorised remuneration of a post count as emoluments for the purposes of
clause (b) of rule 5.29, where under rule 5.58 a part of any fee is required to
be credited by the Government employee concerned to Government revenues and the
remaining fees is retained by him, only that portion of the fees received by a
Government employee which he is allowed to retain under the rules, will count
as “emoluments” for the purpose of clause (b) of rule 5.29.
5.34 The Government employee to whom a residence
is allotted, - vide rule 5.46 et seq is responsible for the rent recoverable
under the rules during the period of allotment unless exempted by competent
authority under the provisions of rule 5.35
Rent shall be recovered
monthly in arrears for the period of allotment.
(d) Rent-free accommodation and waiving or
reducing the amount of rent.
5.35 In special circumstances, for reasons which
should be recorded, a competent authority-
(a)
may, by general or special order, grant rent –free accommodation to any
Government employee or class of Government employees ; or
(b)
may, by special order, waive or
reduce the amount of rent to be recovered from any Government employee or class
of Government employee ; or
(c)
may, by general or special order, waive or reduce the amount of
municipal and other taxes, not being in the nature of house or property tax, to
be recovered from any Government employee or class of Government employee .
Note 1.- The following are types of cases in
which such exemption or reduction may be sanctioned :-
(a)
When a Government employee is performing the duties of a post, addition
to those of his substantive post and already pays rent for a house.
(b)
When Government employee, in addition to the duties of a post carries on
those of another post which preclude him from occupying the house.
(c)
When Government employee has been promoted or transferred to a post in
the same station and it is not considered necessary that he should change his
residence.
(d)
Omitted
(e)
When a Government employee officiating in a post for a period not
exceeding two months is actually prevented from occupying the house provided
for him by circumstances which the competent authority considers sufficient to
warrant an exception being made in his favour.
Note 2.- When rent are fixed in accordance
with rule 5.23 and when one or more Government employees supplied with
residence in the particular areas are granted a house free of rent or at
reduced rent, the proper course is to apply rule 5.23 that and rule 5.35 afterwards
that is the ordinary rent of the occupant of each house should be fixed under
rule 5.23 and any reduction necessary should then be made under this rule.
Note 3.- A list of Government employees who
have been granted rent free accommodation under this rule is given in Appendix
7.
5.36 When, under clause (a) of rule 5.35, a
Government employee is provided with quarters free of rent the exemption from
rent shall, in the absence of any orders of Government to the contrary, be
considered to be complete, i.e. no additional charge shall be made in respect
of the rent of special services, i.e. sanitary, water-supply and electricity,
in the building the cost of which has been included in the capital cost of the
building.
The concession of rent-free quarters does not carry with it the free
supply of water and electric energy, the cost of which must be defrayed by the
Government employee himself. The rent
of water and electric-meters the cost of which has not been included in the
capital cost of the building is also payable by the Government employee.
Note 1.- The occupants of staff quarters and
other buildings appurtenant to Government House are exempt from payment of
charges for electricity consumed. As
regards water charges see the “Exception” below the section “Water Charges” in
rule 5.44.
Note 2.- See also rule 5.44
5.37 Omitted
5.38 A competent authority may sanction
remission of rent due for the occupation of Government building when building
is rendered uninhabitable by reason of extensive repairs being in progress, or
from any other cause : Provided that if the occupier finds that the house has
become uninhabitable he shall at one report the matter to the Executive
Engineer in charge of the building, who will immediately inspect it and forward
a report on the subject to the Superintending Engineer. The latter will take such steps in the
matter as he considers necessary, reporting his action to the competent
authority, who will then decide whether partial or total remission of rent is
to be allowed.
Note . - Inconvenience caused by petty or
ordinary annual repairs is insufficient to warrant remission of rent which
should be granted only when extensive structural repairs justifying in the
opinion of the competent authority in vacation of the building, are carried
out.
5.39 When a building is occupied partly as a
residence and partly as an office the capital value of the portion occupied as
a residence should be separately estimated for the purpose of rule 5.23. The cost of maintenance of the residential portion
should also be separately estimated and accounted for. This is usually done on the basis of plinth
area.
Note .- When (a) separate office
accommodation is provided for the occupant, and (b) the use of part of his
residence for office or business purposes is optional, no deduction from the
rent is permissible on this account. Where, however, a Government employee
though provided with office accommodation elsewhere than in his residence is,
in the opinion of the competent authority, obliged to set part a portion of his
residence, for the reception of visitors both official and non-official on
business, a deduction from the rent is permissible on this account to the
extent of half the assessed rent of the accommodation so used.
5.40 In leasing, acquiring or constructing an
official residence for any one of the Government employees mentioned in column
2 of the statement in rule 5.42 Government will arrange to provide
accommodation for visitors in the shape of a waiting room, and for a
Commissioner or Deputy Commissioner-quarters for a police guard. The accommodation so provide plus half of
the room set apart for the reception of visitors will not be taken into account
in calculating the standard rent fixed for such residence under rule 5.23.
Note 1.- Where waiting rooms have been set
apart for visitors in residences of Gazetted Government employees entitled to
rebate of rent under this rule, rebate will also be allowed for the portion of
verandahs, if any, attached to the waiting rooms.
Note 2.- The guards quarters and visitor’s
waiting room, with visitors Book shed, and half of the room set apart for the
reception of visitors in the residence of the Honorable Chief Justice of the
High Court are to be treated as non-residential portions for purpose of calculation
of rent. Rebate of rent will be granted
in respect thereof.
5.41 A rebate of tent will be allowed to the
Deputy Collectors of the Irrigation Department for the room in their
residential quarters occupied by peons when administrative requirements necessitate
their living in the room provided in the quarters and it is not used for Deputy
Collector’s private purposes.
5.42 In the case of privately-owned buildings
hired directly by the Government employee mentioned in column 2 of the
statement below for use as residences, the following concessions will be
admissible when suitable accommodation (other than a mere open verandah) for
visitors or in the case, of Commissioner of Deputy Commissioner for a police
guard, as the case may be, is set aside to the satisfaction of the authority
mentioned in column 3 of the statement :-
(i)
The rent of the waiting room and half the rent of the room in which
visitors are received and the rent of the quarters for the public guard will be
borne by Government ;
(ii)
The portion of the rent which is, thus, to be borne by Government on
account of the waiting and reception rooms and quarters for the police guard
will be assessed by the Executive Engineers concerned on the value of the
accommodation in question. Its amount
will bear the same proportion to the rent of the premises occupied as the space
occupied by the accommodation provided bears to the total plinth area of the
building.
(iii)
The portion payable for the waiting and reception rooms will be paid by
the Executive Engineer to the landlord.
He will also arrange with the Police Department for the portion payable
for the quarters for the police guard being paid by the Department as a police
contingent charge direct to the Government employee occupying the building.
STATEMENT
|
1 |
2 |
3 |
|
1. |
Commissioner |
Commissioner
of Division
Concerned |
|
2. |
Deputy
Commissioners |
|
|
3. |
Settlement
officers, Assistant Settlement Officers, Colonization and Assistant
Colonization Officers. |
|
|
4. |
Members of the
I.A.S or P.C.S. in charge of Sub-Divisions. |
|
|
5. |
Principal,
Agricultural College. |
…..Director of
Agriculture |
|
6. |
Registrar, High
Court of Judicature. |
Honourable Judges of the ….High Court. |
|
7. |
Inspector-General
of Police, all Deputy Inspectors –General of Police, and all Superintendents of
Police (except the Principal Police Training School, the Personnel Assistant
to the Inspector-General of Police and the Assistant to the Inspector
General, Special Branch) |
Inspector
General of Police |
|
8. |
Deputy
Superintendent of Police placed in charge of Sub Division. |
Ditto |
5.43 Constant changes in the accommodation to be
set apart for visitors are depreciated on principle, but so long as these
changes are necessary and are made for sound reasons, Government employees concerned
can set apart different rooms during summer and winter on condition that the
accommodation set apart:-
(a)
is to the satisfaction of their superiors ;
(b)
is not less in area than that for which Government waives rent ; and
(c)
if in excess of that originally reserved, Government is not called upon
to waive a large portion of the rent than that already fixed.
5.44 If a residence is supplied with services
other than water supply, sanitary, or electric installation and fittings such as
furniture, fans, tennis courts or garden, the cost of which is not taken into
account in calculating the standard rent of the residence under rule 5.23 and
which are maintained at the cost of Government, rent shall be charged for these
in addition to the rent payable under rules 5.29 to 5.32 . The tenants will also be required to pay the
cost of water, electric energy, etc.
consumed. The additional rents
and charges will be fixed and recovered in full as below. A competent authority may, however, in very
special circumstances and for reason which should be recorded, waive or reduce
the additional rent and charges for any of the special amenities referred to
above.
Note 1.- The value of the site shall not be taken
into account in calculating the rent of special services under this rule.
Note 2.- Where however, it is so directed by
general or special order :-
(a)
The value of the site, and the cost of its preparation, shall be
included in the capital cost of tennis courts and gardens.
(b)
Department charges shall be included in the capital cost of furniture,
ceiling fans, tennis courts and gardens as well as their maintenance,
depreciation and storage charges. The
percentage rates for maintenance, depreciation and storage shall not be levied
on the capital cost after the addition of departmental charges but before such
addition. Interest shall, however, be
calculated on the capital cost including departmental charges.
(c)
The cost of sanitary,
water-supply and electric installation may be excluded from the capital
cost of tennis courts and gardens.
Should the cost of sanitary,
water supply and electric installations be ordered to be excluded, rent for
such installations shall be levied at the rates specified under rule 5.23 (d).
For cases in which the above
provision will apply see paragraph 3.27 of the Punjab Public Department code
under furniture.
(a) FURNITURE
(a) Maintenance 4
per Cent
(b) Interest 5
per Cent
(c) Depreciation including renewal and
and replacements. 6
per Cent
Total 15 per cent
Note .- Free furniture is provided in the
quarter of the Private Secretary to the Governor, Punjab, at Raj Bhawan,
Chandigarh.
CELLING FANS
The rent shall be recovered at the rate of 17 per cent per annum on the
capital cost as detailed below and shall be recovered during the whole of the
year –
(a) Interest 4
per cent
(b) Depreciation 6-1/2
per cent
(c) Maintenance 4-1/2
per cent
(d) Storage Charges 2
per cent
Total 17 per cent
(b) TENNIS COURT
Rent to be recovered for a tennis court should cover both interest on
the capital outlay involved at the rate prescribed by the competent authority
for the purpose of rule 5.23 (b) and average actual maintenance charges for the
past three years. The charges which may
be incurred in connection with the provision and maintenance of tennis court
are :-
A.
In regard to courts in the plains –
(1)
construction of the court and of retaining walls where necessary ;
(2)
surfacing of the court with bajri, grass, cement, etc., at the time of
construction.
B.
In regard to courts in the hills-
(1)
and (2) as in section Above ;
(2)
provision and erection of posts and wire-netting for the purpose of
enclosing the court and of permanently fixed posts for suspending lawn-tennis
nets ;
(4) provision and eerection of fixture and
appurtenances for hanging screens ; and .
(5) maintenance of items 3 and 4 only
Note 1.- The cost of providing and renewing
tennis-sets, the marking of courts, the provision of screens, the maintenance
of the surface of the courts and also the maintenance of items (3) and (4) in
section B above, in so far as they relate to the courts in the plains, should ,
on no account, be admitted as a charge against the state.
Note 2.- For the purpose of these rules the
maintenance charges shall be revised after every three years.
Note 3.- See also note under the head “ Garden
“ below :-
(c) GARDEN
Both interest on the outlay
incurred at the rate prescribed by the competent authority for the purposes of
rule 5.23 (b) and actual maintenance charges should be recovered.
The cost of planting shade trees, shrubs and hedges in the compounds of
residential buildings, of transporting soil in a portion of the compound meant
for a garden, if the nature of the existing surface soil renders such
transportation necessary in order to form a garden, of grassing plots , or
sinking a well and of providing irrigation channels may be debited to public
funds as capital expenditure on the residence and included in the capital cost
thereof for the purpose of assessment of standard rent. The maintenance of shrubs and hedges and of
grass plots shall be a liability of the tenant. The sale proceeds of timber shall be credited to Government
.
Note .- If the capital outlay on the tennis
court/ gardens is not known, it may be determined by the Divisional Officer
with reference to the market value of similar tennis-court/gardens in the
vicinity.
(d) WATER CHARGES
Charges for water supplied to tenants of Government residential
buildings are assessed as follows :-
(a)
Every official occupying a Government quarters with a separate water
connection must pay water charges including the meter rent as fixed by a
municipality, District Board or the Public Health Department. No exception
shall be granted in such cases.
(b)
Where quarters have not been provided with separate water connections
and the occupants have to use outside, and technically public taps; no water
charges should be recovered from them.
(c)
Where water tax as distinct from water charges is levied such tax is
payable by tenants.
Exception
.- This rule does not apply to Secretariat and
Raj Bhawan employees occupying staff quarters and other building appurtenant to
Raj Bhawan, Chandigarh.
5.45 Government buildings intended for
occupation as residences are divided into two classes :-
Class I-Building which will ordinarily be occupied by Government employees
liable to pay the full standard rent subject to the limit of 10 per cent of
their emoluments.
Class II-Buildings from which recovery of the full standard
rent is not expected, that is, buildings which
will ordinarily be occupied by Government employees who are entitled to
accommodation rent free or at reduced rents under the sanction of competent
authority.
Note 1.- The fact that a building in class I
is occasionally occupied by a Government employee who is entitled to
accommodation rent free, or at reduced rents, will not justify its removal from
class I to class II and similarly a building in class II should not be
transferred to class I whenever it is occupied by a Government employee who may
be required to pay the full standard rent (subject to 10 per cent of emoluments
) . Buildings should be transferred
from one class to the other only when there is a permanent change in the
conditions under which they will ordinarily be rented. Transfers should be made under the orders of
the competent authority, and should have effect in all cases from the commencement
of a financial year.
Note 2.- When a building in class II occupied
by any person who is not entitled to quarters rent free , the rent to be paid
shall be fixed by the competent authority in general accordance with the rules
in this chapter.
Note 3.- In the Forest Department Gazetted Government
employees not entitled to rent-free accommodation are permitted to occupy
quarters meant for free occupation on payments of rents to be assessed by the
Public Work Department under the rules in this Chapter.
GENERAL RULES AND
INSRUCTIONS REGARDING ALLOTMENT OF RESIDENCE
5.46 The expression “allotted” means “provided “
and a Government employee residing in a Government residence before definite
allotment may be regarded as having been allotted that residence. Subject to the provision of rule 5.51-A, an
incumbent, permanent or temporary, of a post for whose benefit a residence has
been constructed, bought or leased is allotted that residence.
Note .- A residence will not be held to
have been allotted to a Government employee who shares it by private
arrangement with another Government employee to whom it has been allotted.
5.47 A Government employee shall not be
considered to be in occupation of residence when he proceeds on leave unless
the competent authority otherwise directs.
5.48 The period of allotment is determined as
follows :-
(a)
If the house has been constructed, purchased or leased for the benefit
of a particular post, it is the period of incumbency, permanent or temporary,
of each Government employee in hat appointment exce3pt in the case provided for
in rule 5.51-A.
(b)
Other wise it is for twelve moths at a time, but terminates on his
transfer from the place where he is stationed, except in the cases of a house
in the hills occupied by Government employee who is permitted to recess in the
hills under the rules in force. In this
case, the period of allotment is the period of recess enjoyed.
5.49 When during a twelve moths tenancy, a
Government residence is vacated; owing either to the occupant’s appointment having
been altered or to his proceeding on leave the residence should, when this is
possible and always when occupation of the residence is a condition of the
tenure or the appointment, be allotted to his successor in office and rent
recovered accordingly.
When Government employee takes over charge of an office entitling him
to occupy a Government residential building , he should, apart from the usual
charge certificate on assumption of office, sign a supplementary certificate
stating that he becomes responsible for the rent of the building from a given
date. The relived Government employees
should similarly state that his responsibility has ceased. A copy of this certificate should be sent to
the Accountant General and the Executive Engineer concerned to enable the
former to exercise a check on the prompt recovery of rent and the latter to
complete his records, etc. A Government
employee will be held responsible for the rent until such date as he vacates
the building and :-
(a)
after informing the Executive Engineer of the division in which the
house is situated of the vacation, hands over the key to him; or
(b)
in the case of relief by another official, furnishes the Executive
engineer concerned with the certificate referred to above.
If an office does not carry
with it any responsibility for the rent of a building, the supplementary
certificate will be blank and will be signed with a line drawn across it.
5.50 A Government employee in occupation of
residence may sub-let it subject to the following conditions :-
(a)
the lessee shall be approved by the Chief Engineer, Public work
Department, incharge of the building.
(b)
The sub-tenancy shall not be recognised by Government ;
(c)
The lessor shall remain personally responsible for the rent and for any
damage caused to the residence beyond fair wear and tear ;
(d)
The sub-tenancy shall terminate not later than the date on which lessor
ceases to hold the post to which the residence has been allotted ;
(e)
The rent payable by the lessee shall not, except with the previous
sanction of Government exceed the rent payable to Government by the lessor ;
(f)
The rent payable to Government by the lessor shall be the rent payable
by him, if he has not sub-let the residence or the rent payable by the lessee, if
the residence had been allotted to him direct by the Government, whichever is
higher ;
(g)
In the case sub-letting of a Government residence when the lessor is
not entitled to rent-free quarter or house-rent allowance in lieu entitled to
rent-free quarter or house-rent allowance in lieu but the lessee is so
entitled, the rent payable by the lessor, should be the rent payable by him, if
he had not sub-let the residence or the rent payable by the lessee, if the
residence had been allotted to him direct by Government otherwise than free of
rent, whichever is higher ;
(h)
When Government residence is sub-let and the lessee and the lessor are,
or the lessor is , entitled to rent-free quarters or house-rent allowance in
lieu, the following procedure should be adopted in regard to the recover of rent :-
(i)
When both the lessor and the lessee are entitled to rent-free quarters
or house rent allowance in lieu the lessor will pay to Government an amount
equivalent to the higher of the two house-rent allowances; and
(ii) When the lessor is entitled to rent-free
quarters or house-rent allowance in lieu and the lessee is not so entitled, the
lessor will pay to Government an amount equivalent to the house-rent, allowance
admissible to him or to the rent payable by the lessee if the house had been
allotted to him direct by Government, whichever is higher.
Note 1. Whenever a residence cannot be
allotted to the incumbent of the post to which it is attached or to a
Government employee of the class for which it was constructed it may be let to
a Government employee not holding the particular post or not belonging to that
class subject to the conditions that –
(j)
the allotment ceases within two months of Government employee for whom
the residence is intended becoming available at the station as a tenant, and
(iii)
the rent to be recovered under the rules from the temporary tenant is
not less than two-third of the standard rent of the house ,
A competent authority may
relax the provisions of this note as a special case if considered necessary.
Note .2 - Where only a part of the residence is
sub-let .the rent payable by the lessee shall not exceed the rent calculated on
the basis of the plinth area occupied by him.
5.51 A competent authority may permit Government
employee during temporary absence from his station to store his furniture and
other property at his own risk free of rent in the residence occupied by him
prior to his absence when both the conditions specified below are fulfilled :-
(a)
If the house is allotted to another Government employee under rule 5.48
(I), (a) subject to the condition that the latter does not require the
residence and is exempted under rule 5.34 from responsibility for the rent.
(b)
In any case subject to the condition that arrangement cannot be made
to let the house under paragraph 3.10
of the Public Works Department
Code-First Edition.
5.51-A. If a Government employee to whom a
residence is allotted dies, is dismissed from the service or retires from the
service, the allotment to him of the residence shall be cancelled, with effect
from two month after the date of his death, dismissal or retirement as the case
may be, or with effect from any date after such death, dismissal or retirement
on which the residence is actually vacated whichever is earlier. In such cases
the recovery of rent should be governed by rule 5.29 (b) i.e. while the original allotment subsists, rent
should be charged at the same concessional rate as was being paid by Government
employee before his death, dismissal or retirement as the case may be. Similarly the concessional of rent-free
quarters, if it was granted in any case, should continue during the period of
grace.
5.52 In the case of residences under the control of the Forest Department these rules should be read as if the words “public Works Department”, “Chief Engineer, and Executive Engineer” were “Forest Department”, “Chief Conservator of Forest“ and “Divisional Forest Office”, respectively.