NOTE—Under the order of the Governor under section 305 of the government of India Act of 1935 and the provisions of the government of India (Governors Privileges and Allowances) order, 1936, the rules contained in Part I of this Chapter apply also to the ministerial and inferior establishment of the offices of the Secretary and military Secretary to the governor who may be required to move with the governor to Naini Tal. Any amendment of the rules in this part shall require the approval for the governor, before it can be made applicable to the establishments mentioned above.

A—Ministerial Establishment

17-B. (1) A house-rent allowance for a seasonal stay at Naini Tal shall be made at the following rates:

Married Officials

One month’s pay subject to a maximum of Rs. 400 and a minimum of Rs. 125.

Bachelors

Half month’s pay subject to a maximum of Rs. 200 and a minimum of Rs. 75.

(2) For the purpose of these rules and subject to the provisions of rule 17-C a government servant will be regarded as married if he has drawn travelling allowance for his family for the journey to Naini Tal, under the special travelling allowance rules applicable to the ministerial establishments mentioned in rule 17-A:

Provided that a government servant, who at the time of proceeding to the hills, is a bachelor, but subsequently gets married, will be eligible for house rent at married rates for the period of his wife’s stay with him at Naini Tal.

(3) The amount of allowance in each case shall be paid in one lump sum in the month of May ordinarily and shall be based on the rate of pay—substantive, temporary or officiating—drawn on April 1, of the year in which the allowance is granted subject to the proviso that, in respect of temporary or officiating appointments the arrangements as existing on April 1, are of not less than three months’ duration at Naini Tal. When an arrangement as existing on April 1, is of less than three months’ duration, the allowance shall be calculated on substantive pay.

In the case of a government servant who is taken to Naini Tal subsequent to the date on which the Secretariate opens there, the allowance shall be based on the rate of pay drawn by him on the date of joining at Naini Tal, provided that the arrangement which necessitates his posting to Naini Tal lasts for not less than three months.

NOTE—A married female government servant is not entitled to house rent allowance at the married rates unless her husband is entirely dependent on her.

17-C. The allowance is admissible to government servants who hold, or are on probation in substantive appointments and also to those who hold temporary or officiating appointments, provided that the temporary or officiating appointment lasts at Naini Tal for more than three months and the government servant is not actually recruited at that station.

17-D. The full rate of allowance for each season shall only be granted when the stay of the individual concerned extends to three months or more. Where the period of stay is less, the amount of the allowance, subject to the limits laid down in rule 17-B, shall be referred for the orders of the Government in the Finance Department. This condition applies to cases where the full seasonal allowance is drawn, though at the time of drawal the period of stay has not extended to 3 months or more, but is likely to do so. If in any such case the period subsequently falls short of the minimum specified, the question of the amount to be recovered, in suitable instalments by deduction from pay, from the government servant concerned shall be referred to the Government in the Finance Department for orders.

The married rate is not admissible unless a government servant’s family has resided in Naini Tal for (a) as long as the government servant himself, or (b) a period of three months, whichever is less.

Exception—Where the family actually proceeds to Naini Tal and the children return to school in the plains, the minimum period under (b) shall be six weeks.

17-E. Notwithstanding anything in rules 17-B to 17-D, government servants who occupy government quarters shall not be eligible for the allowance. They shall be charged rent at the concessional rates laid down in the rules for the occupation of the Secretariate quarters at Naini Tal.

B—Inferior Establishment

17-F. Inferior government servants of the Secretariate who move with the Government to Naini Tal as also inferior government servants of the offices of the Secretary and Military Secretary to the Governor who move with the Governor to that station will receive a monthly allowance according to the scale given in Subsidiary Rule 17-G-3(b). The allowance may be drawn for a period during which the office is open at Naini Tal and for four days prior to the date of opening and for four days subsequent to the closing at Naini Tal. The allowance is not permissible during any leave other than earned leave and the following principles shall be observed in granting the allowance during earned leave:

(a) The head of the office will decide in each case who shall draw the allowance, the only requirement being that no extra expense will be caused to Government.

(b) The absentee will draw the full allowance when no local allowance is given to acting government servants in the chain of arrangements consequent on his going on leave.

(c) The absentee will draw nothing if the whole of his allowance is absorbed in the local allowances granted to acting government servants in the chain of arrangements consequent on his going on leave.

(d) The absentee will draw the difference between his allowance and the amount of it absorbed in the grant of local allowances to acting government servants in the chain of arrangements consequent on his going on leave.

PART—II

Establishments of Heads of Departments, other officers and of the Central Press at Allahabad and the Branch Press at Lucknow.

17-G (1) The establishment of the Central Press at Allahabad and the Branch Press at Lucknow which moves with the Government to Naini Tal, and establishments permitted to accompany certain heads of departments and other officers to Naini Tal at the expense of the Government, will be granted the following allowances during their stay at that station:

A—Ministerial Establishments

(2) The establishments of heads of departments and others mentioned in the following statement will be given a house rent allowance at the rates mentioned in rule 17-B for their stay at Naini Tal, subject to the condition that the rates of married officials will only be given to a government servant who actually takes his family with him to Naini Tal. The allowance will be paid in moieties, the second moiety being paid only if the head of the department or other authority mentioned in column 2 certifies that the government servant had to meet the full season’s house rent and was unable to sub-let his quarters:

Statement

NOTES—(1) The house rent allowance given under this rule will be in respect of the entire period of stay in the hills, and no separate allowance is admissible in respect of a second visit during September-October.

(2) The Electric Inspector to Government is permitted to recess in the hills from 1st May to 30th June in each year and to take one clerk and peon with him. The clerk and the peon will be entitled to travelling and daily allowances as mentioned in rule 4 in Part III of Appendix VI of the Financial Hand book, Volume III.

3. (a) The establishments of the following heads of departments and other officers who are required to stay at Naini Tal for the full season or the greater part of the season will receive a monthly allowance according to the scale prescribed in clause (b) of this rule:

(aa) The office establishment, including inferior staff of the Chief Conservator of Forests which moves to Lucknow during the winter season will receive a monthly allowance according to the scale prescribed in clause (b) of the rule for the period of its stay in Lucknow. The provision of notes 1 and 3 below that clause will apply mutatis mutandis to this establishment also in respect of its stay in Lucknow.

(b) The monthly allowance admissible to the clerks shown in the table in clause (a) above, will be according to the following scales:

NOTE—(1) The married rate is not admissible unless a government servant’s family has resided in Naini Tal for (a) as long as the government servant himself, or (b) a period of three months, whichever is less.

Exception—When the family actually proceeds to Naini Tal and the children return to school in the plains, the minimum period under (b) shall be six weeks.

NOTE—(2) In the case of an inspector of the Criminal Investigation Department supplied with rent-free quarters at Naini Tal the allowance admissible in accordance with the above scale will be reduced by Rs. 25 per mensem.

NOTE—(3) The provisions of Subsidiary Rule 17-F will also apply to the establishments of heads of departments and other officers enumerated in sub-rule 3(a) above.

NOTE—(4) The Deputy Superintendent of Police accompanying the Assistant to the Deputy Inspector General of Police, Criminal Investigation Department, Special Branch, to Naini Tal is allowed house rent allowance at the rates mentioned in rule 17-B which may be paid in accordance with and subject to the conditions laid down in the rules for ministerial establishments in Part I.

(c) The establishment of an office of the Legislature when it moves to Naini Tal in connection with the Sessions of the Legislature will receive, if their period of stay at that place exceeds six weeks, a monthly allowance according to the scale prescribed in sub-clause (b) of this clause subject to the maxima laid down in rule 17-B.

(d) The sub-assistant surgeon attached to the Military Secretary to the Governor who may be required to move with the Governor to Naini Tal is entitled to a monthly allowance according to the scale prescribed in sub-clause (b) of this clause during the period of his stay at that station.

B—Inferior Establishments

4. An inferior government servant will receive a monthly allowance according to the scale given in clause 3(b) above in respect of his stay at Naini Tal except that no allowance will be admissible to an inferior government servant accompanying a head of department or other officer mentioned in column 2 of the statement in clause 2 above for a second visit in September-October.