CHAPTER IV—FIXATION AND RECOVERY OF RENT OF RESIDENCES

18. When a building owned or leased by the Government or a portion thereof has been made available by the Government for use as a residence by a government servant under their administrative control, such building or part of a building may be allotted to a post specified in the order of allotment for use as a residence by the incumbent of the post.

18-A. (1) The incumbent, whether permanent or temporary, of a post to which a residence has been allotted under rule 18 shall be considered to be inoccupation of the residence during the period of his incumbency unless the allotment is changed or suspended under these rules.

(2) A government servant shall not be considered to be in occupation of a residence only by reason of the fact that he shares it with another government servant who is in occupation thereof.

(3) A government servant shall not be considered to be in occupation of a residence when he proceeds on leave unless the Government otherwise direct. But if he is permitted to prefix gazetted holidays to his leave or affix gazetted holiday to leave or joining time, he shall be considered to be in occupation of the residence for the period of the said holidays.

(4) When a post is vacant, no one is liable for the rent of the residence allotted to it. In such cases it is not necessary to suspend the allotment of the residence to the post, but the officer who is in immediate administrative control of the post must communicate to the Accountant General the fact that the post is vacant and the period for which it will remain vacant.

*(5) (a) The incumbent of a post to which a residence is allotted shall vacant the residence occupied by him on his transfer before the expiry of the period of joining time (exclusive of journey time permissible to him). He may be permitted to occupy the residence in his occupation beyond the period of joining time as indicated above on payment of rent as follows:—

(i) normal rent under F. R. 45-A-IV (b) for one month from the date of transfer;

(ii) the standard rent of the residence for the next two months;

(iii) double the standard rent for the following two months; and

(iv) triple the standard rent for any subsequent period.

(b) In case, however, permission for continued occupation beyond joining time as referred to in sub-paragraph (a) above, is not obtained or is not granted, the occupation will be unauthorised and the incumbent will be liable to action in accordance with the law on the subject.

*As amended vide O. M. No. G—1—1243—X—534 (119)/69 dated 11-1-1973 and became effective from 11-1-1973.

(c) (i) In the event of death or retirement from service the incumbent and/or his family, as the case may be, may remain in occupation of the residence after the date of death or retirement, for a period of one month at normal rent and thereafter for a period not exceeding three months at the standard rent of the residence.

(ii) In the event of resignation, dismissal or removal from service, the incumbent and/ or his family, as the case may be, may remain in occupation of the residence for a period of one month at normal rent from the date of resignation, dismissal or removal from service.

(iii) Where the concession of rent-free quarter was enjoyed by the incumbent before the event of death, dismissal, removal or retirement from service, the same shall be admissible to him and/or his family, as the case may be, for a period of one month from the date of death, dismissal, removal or retirement from service:

Provided that if the residence is occupied even beyond the period stipulated in clauses (i), (ii) and (iii) of sub-para (c) above the incumbent shall be required to pay triple the standard rent of the residence for any such period.

NOTE—Normal rent means the standard rent of the residence or ten per cent of the monthly emoluments of the incumbent whichever is less, and municipal and other taxes payable by the Government in respect of the residence not being in the nature of house or property tax.

18-B. When an officer is transferred from a station and there is no other officer on the spot to relieve him and charge is temporarily made over to a subordinate government servant, no rent should be charged from the subordinate government servant for the period the official residence remains actually vacant up to a maximum period of one month.

18-C. (1) The Government may suspend the allotment of a residence to a post:

(a) which is temporarily held by a government servant under Fundamental Rule 49 in addition to another post, if the government servant does not actually occupy the residence;

(b) the incumbent of which discharges the duties of another post, if such duties prevent him from occupying the residence;

(c) to which a government servant has been transferred to another post in the same station, if the government servant is in occupation of a residence owned or leased by the Government and the Government do not consider it necessary that he should change his residence;

(d) the incumbent of which habitually lives in the orthodox Indian style, if the residence has been built in the European style;

(e) the incumbent of which habitually lives in the European style, if the residence has been built in the orthodox Indian style; or

(f) in which a government servant is officiating for a period not exceeding two months, if the government servant is prevented from actually occupying the residence by circumstances, which, in the opinion of the Government, justify the suspension of the allotment; in exceptional cases where the officiating period exceeds two months but does not exceed six months, the allotment may be suspended with the consent of the Government in the Finance Department;

(g) when the residence is rendered uninhabitable by reason of extensive repairs being in progress or from any other cause.

(2) An order of suspension under this rule shall terminate on the next change of incumbents or when the circumstances justify the suspension cease to exist, whichever is earlier.

(3) When the allotment of a residence to a post has been suspended under sub-rule (1), the residence may be allotted to any other government servant or, if it is not required by any other government servant, to any suitable person:

Provided that the allotment to such government servant or person shall terminate not later than the date on which the period of suspension terminates.

18-D. A government servant in occupation of a residence may sub-let it, subject to the following conditions, namely:

(a) The lessee shall be a person approved by the head of the department in whose charge the residence is;

(b) the sub-tenancy shall not be recognized by the Government;

(c) the lessor shall remain personally responsible for the rent and any damage caused to the residence beyond fair wear and tear;

(d) the sub-tenancy shall terminate not later than the date on which the 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 the Government in special circumstances, exceed the rent payable to the Government by the lessor; and

(f) the rent payable to Government by the lessor shall be the rent payable by him if he had not sublet the residence or the rent payable by the lessee if the residence had been allotted to him direct by the Government, whichever is higher.

Order of the Governor regarding Subsidiary Rule 18D(f)

In the case of sub-letting of a government residence when the lessor, is not entitled to rent-free quarters 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.

When a government residence is sub-let and the lessor and the lessee 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 recovery 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 either 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.

18-E. Government servants holding posts to which residences have been allotted may exchange residences with the permission of the authority which made the allotment. Such exchange shall not be recognized by the Government. Each government servant shall remain responsible for the rent of the residence allotted to the post held by him.

18-F. The head of the department, in whose charge the residence is, may permit a government servant during temporary absence from his station on leave or duty to store his furniture and other belongings at his own risk, free of rent, in the residence occupied by him prior to such a absence when both the conditions specified below are fulfilled:

(a) The temporary incumbent does not require the residence and is exempted from the payment of the rent thereof; and

(b) arrangements cannot be made to lease the house to a suitable tenant during the absence of the permanent incumbent.

18-G. A government servant shall be considered to be in occupation of his residence when absent on tour or at a hill station where he is permitted, but not required, by the Government to reside.

18-H. When a government servant is supplied with residences in more than one station —

(1) each residence will be held to be in occupation by him until such time as another such residence is occupied;

(2) absence from the residence in occupation on tour will not absolve him from payment of rent there for during the period of such absence;

(3) if, during his tour, he goes to the station in which another residence has been provided for him and occupies that residence, he shall be charged for the period of such occupation the higher of the two rates payable by him for the occupation of either of the two residences;

(4) rent shall be charged at the prescribed rates for the occupation of each residence if more than one residence is in occupation simultaneously otherwise than in circumstances in (3) above.

18-I. A government servant to whom a residence is allotted for a part only of the year shall, if the residence is occupied beyond that period, be deemed to be in occupation for such additional period and shall be liable for rent for the additional period at the prescribed rate.

18-J. Expenditure incurred in providing quarters for armed police guards in the residence of a Commissioner, District Magistrate, Joint Magistrate or Superintendent of Police shall be excluded from the capital cost of the residence for the purpose of calculating the standard rent.

Rules made by the Governor under Fundamental Rule 45 A-II, proviso (i)

19. When the actual cost of acquisition or construction of a residence is not known, the present value of the residence, exclusive of the site on which it stands, shall be estimated by the executive engineer, and fixed by the Government.

The present value shall be determined as follows:

The plinth area of the building will be ascertained and the present day cost of constructing a building of similar size and specification then estimated at plinth area rates. From the figures so arrived at will be deducted—

(a) a percentage, estimated by the executive engineer from inspection, representing depreciation or obsolescence of the materials in the building;

(b) a lump sum representing such damage which may exist but which does not affect the life of the building; and

(c) if necessary, a further lump sum deduction representing the value of those features which exist and which have been included in the plinth area valuation but which represent no value to a tenant (e.g. exceptionally thick walls, mosaic mural decoration, tahkhanas and the like).

Rules made by the Governor under Fundamental Rule 45 A-II, proviso (ii)

19-A. Where the amount paid for a property is known but the amount actually paid on account of the site is not known, the cost of the site at the time of its acquisition shall be determined by the head of the department by comparing it with similar land, the value of which at the time of the acquisition of the site in question can be ascertained from the record of the district or other government offices. If the cost of the site cannot be so determined, it may be taken to be that proportion of the book-value of the house which the present market value of the site, as assessed by the district officer, bears to the present market value of the whole premises.

19-B. Expenditure on the following objects shall be considered to be expenditure upon the preparation of a site, viz.:

(a) Levelling;

(b) Clearance;

(c) Culverts.

NOTE—Fencing and approach roads and other roads and paths within the confines of the site shall be considered as part of the expenditure on or value of the residence as distinct from that of the site.

19-C. If the actual cost of the works mentioned in rule 19-E cannot be ascertained from any records, then it may be assumed to be the same as their present market value as assessed by the executive engineer of the division; provided that if any work was constructed prior to January 1, 1918 only two-thirds of its present value as assessed by the executive engineer shall be taken as equal to the expenditure on the work.

19-D.

Rules made by the Governor under Fundamental Rule 45 A-II, proviso (vi)

19. E. For the purpose of assessing the cost or value of sanitary, water supply and electric installations and fittings, all materials and articles required or used from that point from which the installation is peculiar to the residence concerned, and all movable fans and lights supplied in the residence at the expense of the Government, shall be deemed to be fittings. This includes, in the case of electric installations, glass shades, but not bulbs, silk shades or other perishable articles.

NOTES—(1) In the case of more than one residence being connected with one branch from the public drain, mains or supply line, the cost of the connecting drain, main or supply line from the public drain, mains or supply line a shall be apportioned between the residences served in proportion the capital cost of the several installations in each residence.

(2) In assessing the cost of sanitary, water-supply and electric installations the cost of labour shall be included.

(3) The distribution of the capital cost of water-supply, sanitary and electrical installations between the residential and non-residential portions of a building should be made on the basis of the actual cost of the relative fittings installed in each of the residential and non-residential portions of the building, anything common being divided in proportion to the capital cost of the installation in those portions. The provision of this note applies to buildings fitted with such installations after January 1, 1934.

(4) Electric heaters or water heaters which are fixed to walls, floors, or ceilings of Government buildings should be classified as fittings for the purpose of this rule, while "portable" heaters or water heaters which obtain their electric energy by means of a movable plug in a socket in the wiring system should be classified as furniture.

19-F. The Government have prescribed the following maximum scale for electrical fittings to be fixed in residences provided by the Government other than Government Houses and residences of Ministers:

19 G. The following is the maximum scale for water and sanitary fittings to be fixed in government residences other than Government Houses and residences of Ministers:

One sink each in the kitchen and pantry.

One electric pumping set, provided there is no general water supply system in the area in which the residence is situated and it is necessary to instal such a set for the supply of water.

Rules made by the Governor under Fundamental Rule 45 A-III

20. (1) Leases by the Government of buildings from private persons or bodies should ordinarily provide that the lessor will execute all structural repairs before the building is occupied and will carry out such additions, alterations and repairs as are necessary to render the building habitable and suitable for the purpose for which it is required. In the event of any addition or alteration to the building being made subsequent to the signing of the lease at the request of the occupant and at the expense of the Government, the consent of the owner must first be obtained in writing, unless the work is considered by the Government to be essential for sanitary reasons, and the rent payable by the occupant will be increased under the following rules:

(i) If the lessor agrees to take over the work done on the expiry of the lease and to pay to the Government the original cost of that work, less an allowance for deterioration, which should be fixed before the work is done, the occupant will be required to pay the following additional charges:

(a) A percentage of the capital cost equal to such rate of interest as may from time to time be fixed by the President of India in respect of officers under his rule-making power or by the Governor in respect of government servants under his rule-making power, as the case may be, for the purposes of Fundamental Rule 45-A-III(b) (i);

(b) the percentage or amount fixed for deterioration;

(c) the annual estimated charges for maintenance and repairs of the additional work (if repairs are executed by the Government); or

(ii) If the landlord refuses to accept any liability for the additional work, the rent payable by the occupant will be increased by a sum sufficient to cover during the period of the lease—

(a) the capital sum expended including interest at such rate as may from time to time be fixed by the President of India in respect of officers under his rule-making power or by the Governor in respect of government servants under his rule-making power, as the case may be, for the purposes of Fundamental Rule 45 A-III(b)(i) L;

(b) the annual estimated charges for maintenance and repairs of the additional work.

NOTE—The amount to be recovered monthly from the tenant should be fixed when the work is completed and should be distributed equally throughout the remaining period of the lease.

In case (i) interest will be calculated on half of the amount of the less half the amount which will be recovered on account of deterioration.

In case (ii) interest will be calculated on half the amount of the outlay.

(2) Capital expenditure under clause (ii) of the above rule should only be incurred when absolutely necessary, and the previous approval of the Government in the Finance Department should be obtained in cases where the capital expenditure under sub-clause (i) or (ii) of the above rule will raise the rent of the leased building to an amount in excess of 10 per cent of the monthly emoluments of the class of the government servant who usually occupy the building.

20-A. In the case of residences owned or leased by the Government the addition to be made for meeting ordinary and special charges of maintenance and repairs and municipal and other taxes in the nature of house or property tax payable by the Government shall be as follows:

(a) For ordinary maintenance and repairs and municipal and other taxes in the nature of house or property tax payable by the Government the rent shall be one-twelfth of the amount estimated as the annual cost of the ordinary repairs, together with a proportional share of the expenditure on repairs that may be required quadrennially or at other intervals, plus one-twelfth of the amount of all municipal and other taxes in the nature of house or property tax payable in a year by the Government. Municipal and other taxes not in the nature of house or property tax which by agreement or local rule or custom are levied on the occupant and not on the owner shall be payable by the occupant in addition to the rent payable under these rules. Such taxes will not be taken into account in the estimate of the executive engineer. Where any such tax is payable by the Government it shall be recovered from the occupant along with the rent at a monthly rate of one twelfth of the amount payable in a year by the Government provided that the recovery of the tax, like that of rent, will be made from him only for the period during which he is or is deemed to be in occupation of the residence.

(b) For special maintenance and repairs the monthly rent shall be determined on an estimate of the life of each class of work in the building.

(c) For service installations (water-supply, sanitary, heating and electrical installations the rent shall be increased by 4 1/2 per cent and 5 per cent of the capital cost, as distributed below, and shall be one-twelfth per mensem of the total amount thus arrived at–

1) Water-supply and sanitary installations–

(2) Heating and electrical installations—

NOTE—(1) In calculating the above rents, the cost of service line, if any, will be ignored.

NOTE—(2) When special repairs are necessitated by the occurrence of fire, flood, earthquake, abnormal storm or other calamity, the cost of such repairs shall be shown separately in the capital and revenue accounts as revenue charges during the year and should not be taken into accounts as a basis for the revision of the rent or for recovery under clause (b) above,

20-B. In the case of residences comprising separate complete sets of quarters for occupation by different tenants, the standard rent for each set must be calculated separately under Fundamental Rule 45-A and the expenditure and accounts of each set must be booked and kept separately.

20-C. The rent calculated under rules will remain in force for a period of five years and will not be varied on account of minor additions and alterations, provided that the expenditure on such additions and alterations does not exceed in any one year one percent of the capital cost of the residence or Rs. 500, whichever is less. But whenever any additions and alternations, which add to the accommodation or involve replacement of the existing type of work by work of a more expensive character and the expenditure on which exceeds this limit, are made, the cost of such additions and alterations including the cost of any minor additions and alterations of the same nature, which have been previously ignored under this rule, shall be added to the capital cost and the rent increased accordingly irrespective of the fact whether the period of five years has expired or not.

The same principles will be observed when instead of an increase in the capital cost of a residence there is a decrease in it due to the writing off of a portion of it not exceeding in any one year one percent of the capital cost or Rs. 500, whichever is less.

21. * * * *

Rules made by the Governor under Fundamental Rule 45 A-VI

22. Provision of extra amenities in connexion with official residences, such as furniture, tennis courts, gardens, cow-sheds, fowl-houses, refrigerator, etc. shall be subject to the following conditions:

(a) that such amenities are not greater or more expensive than is reasonable having regard to the official position of the occupant, the social duties it entails, and other relevant circumstances;

(b) that such amenities shall not, except in special circumstances, be provided for government servants who are entitled to free quarters.

NOTE—(1) The following are the only charges which may be incurred in connexion with the provision and maintenance of tennis courts when these are provided in Government residences:—

(i) Construction of the court and of retaining walls, where necessary.

(ii) Surfacing of the court with bajri, grass, cement, etc.

(iii) Provision and erection of posts and wire netting for the purpose of enclosing the court and of permanently fixed post and apparatus for suspending lawn tennis nets.

(iv) Provision and erection of fixtures and appurtenances for hanging screens.

(v) Maintenance of the foregoing items.

The cost providing and renewing tennis nets, the marking of courts, and the provision of screens shall not be admitted as a charge against the Government.

22-A. Rent for tennis courts, gardens, cow-sheds, etc. constructed and maintained by the Government shall be—

(a) interest at the same rate as is applied for purposes of Fundamental Rule 45-A-III on the capital value of the amenity provided at the cost of the Government;

(b) the amount estimated by the Deputy Director of Gardens, Uttar Pradesh, as necessary for the annual upkeep of the tennis court, garden, etc. including all charges such as of malis, coolies, manure, seeds and bullocks for drawing water or other charges for water;

(c) the annual cost of repairs to any structural features.

NOTE—(1) The value of the site shall be excluded in calculating the rent of extra amenities under this rule.

NOTE—(2) When the capital cost of any gardens or lawns cannot be ascertained the case should be reported to the Government for orders on merits.

NOTE—(3) In calculating the monthly rent of gardens, the average receipts obtained from the sale of grass and unserviceable garden tools, etc. (but not from sale of dead trees) should be deducted from the annual cost of maintenance of the garden concerned.

22-AA. Rent for an electric pumping set which does not fall under Subsidiary Rule 19-G and which has been installed in a residence at Government expense at the request of its occupant shall be recovered monthly at one-twelfth of the amount annually required for the payment of interest at the rate prescribed under rule 22 F plus annual repairs at 1½ per cent and special repairs and depreciations at 8½ per cent on the capital cost of the set.

Once a pumping set has been installed in a residence at the request of an occupant, every government servant occupying the residence shall be liable to pay rent for the pumping set irrespective of whether he requires or uses it or not. He will also bear the cost of the electric current consumed in operating it.

22-B. The Government may in special circumstances by order remit or reduce the additional rent for services other than water supply, sanitary or electric installations and fittings such as furniture, tennis courts, gardens, cow-sheds, fowl-houses, etc. maintained at the cost of the Government.

22-C. Rent on furniture supplied during 1921 and up to 19th June, 1922, will be charged at 8 per cent per annum on the capital value and any supplies made after that date will be charged at 12 per cent on the capital value involved. The details of 8 and 12 per cent respectively are given below:

22-D. The rent to be recovered on account of refrigerators supplied by the Government shall be calculated as follows:

Example— The monthly rent to be recovered on a refrigerator costing Rs. 1,000 will be—

or Rs. 170 divided by 12 – Rs. 14 per mensem.

NOTE—The occupant of a residence in which a refrigerator is installed is liable for the rent thereon even if he does not utilize it. In addition he will of course bear the cost of the electric current consumed in operating it.

22 E. * * * *

22-F. Except as otherwise provided in these rules the interest on the capital cost of special services falling under Fundamental Rule 45A-VI shall be charged at the same rate as is applied for purposes of Fundamental Rule 45A-III.

22–G. Administrative departments of the Government and heads of departments have been authorized to sanction additional rents and charges for extra amenities according to the above rules.