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64 SWAJWS — J>A, OR. AMD JUU_ ILR.A.

— GENERAL RULES AND ORDERS 65

Clarification 2.— I t h a s been decided in consultation v i l l i the Staff S i d e 4. Deleted vide O . M . N o . 2 ( 1 0 ) - E . I I ( B ) / 9 2 , dated the 25th January, 1993.
of the National Council (JCrVQ that House Rent Allowance "will also BOW be
payable to the Central G o v e r n m e n t employees w i t h i n the area o f the U r b a n
Agglomeration o f classified city al the rates admissible in the classified city.
T h e existing provisions for the payrnentof House Rent .Allowance under Paras. Signature o f the Collector / Deputy'
3 (h) (ii) and 3 (b) (HI) o f the Office Memorandum, dated 27-11-1965, w i l l , Commissioner having jurisdiction
however, continue to be applicable only at places which a r e w i t h i n 8 k m o f over the place
municipal limit ! of classified cities, but which are not included w i t h i n Urban
1

Agglomeration o f any city, subject to fulfilment o f usual conditions laid d o w n Seal o f the Collector /
and subject to issue of specific sanctions therefor as before. Deputy Commissioner Date
[ G I . , M F.,O.M. No. U02I/6/76-E II (B),dated the 26thOctober, 1977. ]
THOSE OCCUPYING OR REFUSING GOVERNMENT
Clarification 3 . — It w a s pointed out that i n the certificate required to be ACCOMMODATION NOT ELIGIBLE FOR
obtained from the Collector o f a District for the purpose of grant o f House R e n t
HOUSE R E N T ALLOWANCE
A l l o w a n c e under the aforesaid orders, it w a s to be inter alia certified that there
was no other Municipality within the 8 km area in w h i c h the employees have to
work and the same cannot be given where such a municipality exists even though 4. T h e grant o f House Rent A l l o w a n c e shall be subject to the following
the place is w h o l l y dependent on the qualified city for its essential supplies. conditions:—
W h i l e no amendment o f the existing provision is considered necessary, it has
been decided that henceforth, the enclosed certificate may be obtained from the (a)(i) T o those Government servants who are eligible for Government
Collector in all cases where the grant o f House Rent A l l o w a n c e under Para. 3 accommodation, the allowances w i l l be adm issible only i f they have
(b) (iif) is proposed. In a l l cases where the Collector certified that the area in applied for such accommodation in accordance with the prescribed
question depends for its essential" supplies on the qualifying city even though procedure, i f any, but have not been provided with it, in places
there may be another municipal area within the 8 k m radius, Government would where due to availability o f surplus Government accommodation,
consider on merits whether grant o f House Rent Allowance in such cases would
special orders are issued by the Ministry o f Urban Development
be justified.
from time to time making it obligatory for employees concerned to
obtain and furnish 'no accommodation' certificate in respect o f
[ G L , M.F.. O.M. No. N. 15 (5)-E II (B)/74, dated the 5th December, 1975.1
Government residential accommodation at their place o f posting.
I n all other places, no such certificate is necessary.
CERTIFICATE
(The certificate should be in respect of only one place. If there are more (it) Government servants posted in localities where there is at present
than one place in respect of which the proposal relates, appropriate certificates no residential accommodation in the General Pool owned or requisi-
in respect of each of such places should be given.) tioned by the Central Government for allotment to them, need not
apply for G o v e r n m e n t residential accommodation i n order to
It is hereby certified that— become eligible for House Rent Allowance. But where Government
quarters are available for the staff o f specified Departments or for
1. 1 is a V i l I a g e / P a n c l i a y a t / n a > n - i n i i n i c i p a l a r e a ;
2
specified categories o f staff, the procedure for a p p l y i n g for
accommodation w i l l be regulated under the rules o f allotment o f
2. 1 is not a Municipality or notified a r e a or cantonment; the Department concerned or of the local office of the Central Public
Works Department, as the case may be.
3. 1 is within a distance o f 8 kilometres from t h e periphery
o f the municipal l i m i t s o f „ 3

Review of demand and availability of General Pool Accommodation


1. Name of the place in respect cf which the proposal relates.
rolled by the Directorate of Estates — In supersession to this Directorate's
2. The civic status o f the place, ie, village, panchayaL, [On-mwiicipBl are a. etc, shouldfee
indicated. M o f even number, dated 9-9-1988 on abovecited subject, the undersigned is
3. Name of the qualified town / cily. ed to say that the position o f demand and availability o f General Pool
66 S O N Y ' S — DA, D F AMD HRA. H.R.A.--GENERAL RULES AND ORDERS 67

Accommodation controlled t y the E>ir«cto-Tate o f Estates i n D e l h i and various A l l Central Government Departments are requested not to pay House Rent
stations has b e e n r e v i e w e d a n d it has been found that ttie General P o o l A l l o w a n c e to the Government servants until N A C is obtained from this office.
Accommodation i n certain types ate presently surplus in 5 cities, v i z . , K o l k a t a , H R A already paid to the Government servants from 27-6-2001 onwards may
S h i m l a , F a r i d a b a d , Ghaziabad and Nagpur. l t h a s , therefore, been decided that please be recovered from them.
the Government servants -who are eligible for G e n e r a l Pool Accommodation but
who do not submit applications for such accoTnrnodation or those w h o after 1 G.J., M.U.D., O.M. No. 11 (123)-97/Admn. (II), dated the 12th December, 2001. ]
submitting such applications refuse to accept the accontrnodationonered / allotted
or those w h o after having accepted such accommodation surrender it, may be Admissibility of House Rent Allowance to Officials whose initial allotment
paid H R A , i f otherwise admissible, without obtaining ' N o Accommodation has been restricted to particular locality on payment of licence fee.— In
Certificate' from the Directorate of Estates OT its Regional Offices, as the case accordance with the orders issued in this Directorate's O . M . N o . 12035/9/86-
may be, i n respect of a l l types o f accommodation at the under-mentioned Pol. I I , dated the 26th December, 1986, requests for restriction o f allotment
stations: from officers w h o are not already in occupation o f any General Pool A c c o m m o -
dation would be entertained only i f they agree to bear the rental liability from
1. Delhi 2. Mumbai 3 . Chennai the 8th day o f date o f issue o f the first allotment letter. I n cases where such
requests are received before issue of the allotment letter, such requests would be
4. Chandigarh 5. Bangalore 6. Indore entertained only i f the persons agree to bear the rental liability in respect of
quarter w h i c h w o u l d be allotted to them in their turn. In other words, in the case
2. T h e Government servants w h o after submitting applications refuse to of persons who are not allottees o f General Pool Accommodation, initial restric-
accept the accommodation offered/ allotted or those who after having accepted tion o f allotment w o u l d be made only on payment o f licence fee o f the quarter
such accommodation surrender it as stated above w i l l be considered again for already allotted or that would be allotted till accommodation in the locality
allotment o f Government accommodation at the same stations in accordance where initial allotment has been restricted is made.
with the provisions of S R - 3 1 7 - B - 1 0 .
2. The question of admissibility o f House Rent A l l o w a n c e in the case o f
3. T h e Government servant who after submitting h i s application for
employees whose requests for restriction o f initial allotment have been acceded
allotment succeeds in making his o w n arrangement for residential accommo-
to, subject to the condition that they agree to bear rental liability in respect of
dation and informs the Directorate o f Estates or its Regional Offices before
quarters allotted to them but not occupied or that would have been allotted to
actual allotment is offered to h i m , w i l l be deemed not to have submitted the
them in their turn, has been examined in consultation with the Ministry o f Finance
application for allotment o f Government accommodation.
(Department of Expenditure) and it has been decided that House Rent Allowance
may be paid in such cases i f they are otherwise eligible for H R A . However,
4. T h i s issues with the concurrence o f the Finance D i v i s i o n of the Ministry
H R A will not be admissible from the date of commencement of the rental liability
of U D & PA vide their No. 1679/Dir. ( F ) , dated 12-4-20O1 - o f the quarter allotted to them after restriction.
[G.I M U D , Directorate of Estates, O.M. No. 12034/1/88-Poi III, dated the 27th June,
2001. J 3. These orders w i l l take effect from 26-12-1986. T h i s issues w i t h the
concurrence o f Ministry o f Finance (Department o f Expenditure) vide their
l . D . No. 11020/1/87-E. I I ( B ) , dated 8-9-1987.
Reference is invited to policv decision contained im the Directorate o f
Estates' O . M . No. 1 2 0 3 4 / 1 / 8 8 - P o l ' l H , dated 27-6-2001 w h i c h w a s circulated
[ Gl., M.U.D., Dir. of Estates, O.M. No. 12035 (9)/86-Pol. II, dated the 20th October, 1987.]
to all the Ministries / Departments of CJovernnnetit of India and vide which it
was decided by the Government that the Government servants eligible forGemeral
Pool Accommodation do not submit applications f V such accommodation o r (b) (/") T h e allowance shall nut be admissible to those w h o occupy
those who after submitting such application refuse toacce=pt the accommodation accommodation provided hy Government or those to whom
offered / allotted o r those w h o after hav ing accepted such accommodation accommodation has been offered by Government but who have
surrender it, may net be paid H o u s e R e n t .Allowance, without obtaining Mo refused it. In the latter case, the allowance w i l l not be admissible
Accommodation Certificate in r«sp»ect o>f all types © F A c c o m m o d a t i o n atKolfcata for the period for which a Government servant is debarred from
from thisoffice. It i s obscrvc<itrMtHR\.istKun° p a i d to ta« Government servants further allotment o f G o v e r n m e n t accommodation under the
by all Central Government Departments inKolkata inspiteo>fGo»v<rnmeat orders allotment rules applicable to h i m .
issued in this regard.
68 S W A W r S — DA., C R ANTD H R 4
H . R A . — GENERAL RULES AND O R D E R S 69

(if) T h e H o u s e Rent A l l o w a n c e dra-wn l y a (Sovernrneri 1 servant, w h o


accepts allotment oiGovcmmetitaccominodatioii, s h a l l be stopped out-of-tuni on his o w n application shall constitute refusal for the
from the date o f occupation, or from t h e eighth d a y after the date purpose o f these orders, even when the accommodation, provided
o f allotment o f Government acc ornmodation, whichever i s earlier, is o f a lower class than that for which he is eligible.
In case o f refusal o f allotment of Government accommodation,
House Rent A l l o w a n c e shall cease to be admissible from the date hi) Accommodation (including tents, single-roomed tenements, etc.)
o f allotment o f Government accommodation. In case o f surrender provided to displaced Government servants by the Ministry o f
o f Government accommodation, the House Rent Allowance, if Rehabilitation under the various housing schemes on payment o f
o t h e r w i s e a d m i s s i b l e , w i l l be p a y a b l e from the date of such rent as fixed by that Ministry w i l l not be treated as Government
surrender. accommodation for the purpose o f these orders and such allottees
w i l l be entitled to House Rent Allowance, i f otherwise admissible.
N O T E . — In the case o f surrender of Government accommodation, the House
Rent A l l o w a n c e , i f otherwise admissible, w i l l be payable from the date from (vii) Displaced Government servants who have not been allotted resi-
which 'no accommodation certificate' is issued by the accommodation controlling dential accommodation by Government but who are in unauthorized
authority. occupation o f such accommodation and are paying damages to
G o v e r n m e n t shall be deemed to have been provided with G o v e r n -
No H R A f o r t w e l v e d a y s i f G S f a i l s to t a k e p o s s e s s i o n a f t e r ment accommodation and as such shall not be eligible for House
acceptance.— Under S R 3 1 7 - B - 1 2 ( 1 ) i f a Government servant, after acceptance, Rent Allowance. Such persons cannot also be considered as "sharing
fails to take possession of Government accommodation within eight days from Government accommodation" for the purpose o f Paragraph 5 (e)
the date o f receipt o f allotment letter, licence fee shall be charged from h i m below.
•~\
from such date up to a period o f twelve days, as he is considered to be in deemed
possession o f that accommodation during that period. It has been decided that ' (viii) Female Government servants residing in the Western House Hostel
such Government servants w o u l d also not be entitled to H R A for the period o f y and the Working G i r l s ' Hostel, D e l h i , or elsewhere in Government-
twelve days for w h i c h licence fee is charged from him. ^ run hostels are not entitled to House Rent Allowance. Government
servants living in hostels run by Autonomous and semi-Govern-
| G.I., Directorate of Estates, O.M. No. 17012 (8)/89-Pol. II, dated the 22nd October, 1990. ]
ment Organizations, which are not run on commercial lines (i.e.,
Central Government employees allotted hostel accommodation are
(Hi) A Government servant debarred from allotment o f Government not charged market rent but a subsidized rent), would not be entitled
accommodation due to unauthorized sub-letting or for other to House Rent Allowance.
breaches o f rules, but excluding those covered by Clause (b) (/)
above w i l l be eligible for H o u s e Rent A l l o w a n c e during the period (ix) A Government servant, who, on transfer, has been permitted to
of such debarment, subject to the fulfilment o f the usual conditions
retain Government accommodation at the old station on payment
except that the condition that he must have applied tor but not
o f normal rent or penal rent or retains Government accommodation
provided with Government accommodation w i l l not be enforced
unauthorizedly on payment o f market rent, etc., w i l l not be entitled
in his case.
to H R A at the n e w station for the period beyond 8 months from the
date o f his transfer.
(hi) Refusal by a Government servant o f a quarter o f a different class
from that for which he is eligible shall not constitute refusal for (x) A Government servant who was not in occupation o f Government
the purpose of these orders unless he has the option to apply for accommodation at his old station and who, on transfer, leaves his
accommodation o f a class ne£tt>elovvthe one t o w h i c h h e i s entitled family behind at the old station because he has not rented a house
by virtue o f h i s emoluments a n d he refuses such accommodation or has not been allotted Government accommodation at the new
when allotted on the basis o f l i i s application. station, w i l l be eligible for House Rent Allowance for a period of six
months from the date o f his assumption o f charge at the new station
(v) Refusal by a Government servant of accommodation (other than or till he rents a house or is allotted Government accommodation
single rocmhostel accommodation orhos-telaccominodaiion where at the new station, whichever is earliest. T h e House Rent Allowance
messing and paynnentofservicecliarges are^ coxnpiilsory)allotted in suchcas^s shall be regulated as follows without prejudice to the
70 SWAMY'S — D A , m AMD H R A
H R A . — GENERAL R U L E S AND O R D E R S 71

entitlement t o H R A w i t r t reference to the j l a c e ofdutv in terms of (JB) During the period of transfer not exceeding 90 days, a Govern-
Para. 1 : — ment servant shall draw Compensatory ( C i t y ) and House Rent
Allowances at the same rates at w h i c h he was entitled to them at
(1) D u r i n g the first two months o f At the same rate at w h i c h it w a s the time of transfer. The quantum of the allowances shall,
the date o f assumption o>f drawn at the old station. however, be determined with reference to the pay which a
charge at the n e w station. Government servant would have drawn but for the transfer. F o r
periods of transfer exceeding 90 days, the grant of these allow-
( 2 ) F o r the next 4 months. -At the rate at which it w a s being ances shall be regulated with reference to the new Headquarters.
drawn h y h i m at the old station or If a transfer, initially made for a period not exceeding 90 days,
the m a x i m u m amount that w o u l d is later extended, the House Rent and Compensatory ( C i t y )
have been admissible to h i m at the Allowances shall be paid up to the date of issue o f orders
new station, had he taken a residence extending the transfer or for a period of 90 days, whichever is
on rent there, whichever is less. T h e less.
Administrative Ministries / Depart-
N O T E . — F o r temporary transfer, initially made for a period not
ments and the C o m p t r o l l e r and
exceeding 90 days, but later extended beyond this period, the benefit o f
Auditor-General in respect of staff
the provisions contained in Para. 4 (b) (x) ahovj shall be allowed to the
serving under them / him, may allow
Government servant from the date of issue of the order converting the
the Government servant, pending his
transfer into a permanent one or at the end of 90 days, whichever is earlier.
taking on rent a residence or allot-
ment o f G o v e r n m e n t a c c o m m o -
Period for d r a w a l of B R A not extended to 180 d a y s . — Attention is
dation to h i m at the new station, to
invited to G . L , M . F . , O . M . No. 19010/1/76-E. I V ( B ) , dated 30-1-1978,
draw House Rent Allowance at the
wherein the limit of 9 0 days for treating a transfer as temporary transfer has
above rates till the end of the sixth
been raised to 180 days for purpose of drawal o f daily allowance. A doubt
month or till the end of current aca-
has been raised whether the rule for drawal of H R A and C C A at the same
demic year o f his child(ren), w h i c h -
rate for transfer not exceeding 9 0 days referred to in Para. 4 (b) (xi) of G . I . ,
ever is later, after satisfying them-
M . F . , O . M . No. F . 2 ( 3 7 ) - E . I I ( B ) / 6 4 , dated 27-11-1965, also stands
selves about the period o f comple-
modified to the extent of 180 days. The matter has been considered in
t i o n o f a c a d e m i c y e a r o f the
consultation with die Ministry of Finance. It is clarified that the period for
children).
payment of H R A and C C A during temporary transfer prescribed in Para. 4
In either case, the grant of House R e n t A l l o w a n c e under these provisions (b) (JO) of O . M . No. F . 2 (37)-E. H ( B ) / 6 4 , dated 27-11-1965, as amended
shall not be admissible beyond the date on w h i c h he rents a house or is allotted from time to time has not been extended from 90 days to 180 days.
Government accommodation at the new station. [ D.G., P. & T., No. 7/48/78-PAT, dated the 12th September, 1979. 1

E X P L A N A T I O N . — T h e expression "rents a house" as used above shall not


include accommodation as stipulated in Para. 2 (b)(y). CONDITIONS F O R DRAWAL O F
HOUSE RENT ALLOWANCE
NOTES 1 to 3 . — Not Printed.

H R A not admissible i f s t a y i n g i n I n s p e c t i o n Q u a r t e r s . — The issue 5. (a) ***


regarding admissibility of H R A during the stay in Inspection Quarters o f their
posting has been under consideration for some t i n e past. It lias n o w been decided (t>) ***
in consultation with the Ministry o f finance that o fficers staying in the Inspection (c) A Government servant shall not be entitled to House Rent
Quarters in the Headquarters o f their posting w i l l not be entitled to draw H R A Allowance, if—
for the p?riod during which they stay inthe Inspection Quarters. These instructions
(0 he shares Government accommodation allotted rent-free to
may be followed strictly.
another Government servant; or
[G.I., Ministry of Communications, LtfferNo. l«W-/8S*3s"B, dated the 26 th November, (a) he/she resides i n accommodation allotted to his/her parents/
1985.]
' son/daughter by trie Central Government, State Government, an
72 H.R.A. —GENERAL R U L F S A N D O R D E R S 73
S W A M 7 * S — D A . I K iVNB H R *

Autonomous Public Undertaking or senu-Govcinment Organi- Ministry o f R a i l w a y s , etc., regarding admissibility of House Rent A l l o w -
zation s u c h as a Municipality, Port Trust, Nationalized Banks, ance lo husband and wife when both o f them happen to be Government
L i f e Insurance Corporation of M i a , etc. servants. After h a v i n g the matter considered in consultation with Staff Side
(Hi) his wife/her husband has been allotted ac<x>mrnodation at the o f the National Council ( J C M ) , the President is pleased to decide that no
same station b y the Central Government, State Government, an restriction should be imposed only on the ground that husband/wife is
Autonomous P u b l i c Undertaking or seaii-Government Organi- also a Government servant and is living together in the hired/owned accom-
zation s u c h as Municipality, Part Trust, etc., whether he/she modation. I n such cases, normal amount o f H R A may be granted to them as
resides i n that accommodation o r he/she resides separately i n per their entitlement subject to fulfilment o f other conditions for drawal of
accommodation rented by him/her. the allowance.
[ G.L, M.F., O.M. No. F. 11015/2/87-E. II (B), dated the 8th November, 1988. ]
"Same Station d e f i n e d . " — The phrase, "same station" occurring in
P a r a . 5 (c) (Hi) includes a l l places which are treated as contiguous to the / H R A while s t a y i n g i n State B h a v a n s / G u e s t H o u s e s . — It has been
qualified city/town in terms o f Para. 3 (a) (i) and those dependent on the decided that officials w h o are posted to the Centre and who stay temporarily
qualified city/town in terms o f Paras. 3 (b) (it) and 3 (b) (Hi) and also those i n State Bhavans/Guest Houses run by the State Governments/Autonomous
places w h i c h are included i n the Urban Agglomeration of a qualified city. Organizations may be reimbursed the amount of rent paid by them in excess
o f 10% o f their basic pay or the H R A admissible to them, whichever is less,
I G.L, M.F , O.M. No. 21011/13/89-E. K (B*. dated the 20th December, 19*9. J
subject to the fulfilment of the following conditions.:—
(d) ***
(a) T h e official has applied for accommodation of his entitlement,
(e) A s an exception to sub-paragraphs (a) and (b) above, Government subject to exception o f cities as specified in Para. 4 (ii), as
servants other than a Government servant who is living in a house owned by amended from time to time but has not been allotted residential
him shall be eligible for House Rent Allowance at the rates specified in accommodation by the Government.
Paragraph 1 above even i f they share Government accommodation allotted
(b) T h e concerned Guest House should be located at the place of
to other Government servants [ excluding those mentioned in (c) above ] or
posting o f the official.
private accommodation o f other Government servants [ including those
mentioned in (c) (ii) and (c) (Hi) above ] subject only to the condition that (c) T h e official must have stayed in the State Bhavans/Guest Houses
they pay rent or contribute towards rent or house or property tax but with- run by the State Government/Autonomous Organizations and
out reference to the amount actually paid or contributed. A s an exception to submit rent receipts in support of payment o f rent.
P a r a . 7, the grant o f House Rent Allowance to a Government servant living T h e pay for the purpose of these orders shall be pay as defined in
in his/her o w n house or to a Government servant living in a house owned F R 9 ( 2 1 ) (a) (i) and w i l l include non-practising allowance and stagnation
by a H i n d u Undivided F a m i l y i n which he is a coparcener, will be without increment.
reference to the amount of the gross rental value as assessed by the Munici-
pal Authorities.*** t G.L, M.F., O.M. No. 2 (39)/94-E. (I (0), dated the 27th October, 1994. ]

N O T E . — I n cases where husband/wife/parents, children, two or more


of them being Central Government servants or employees o f Stale Govern- REGULATION OF ALLOWANCES IN
ments, Autonomous Public Undertakings ox semi-Government Organiza- DIFFERENT CIRCUMSTANCES
tions like Municipality, Port Trust, Nationalized Banks, Life Insurance
6. T h e d r a w a l o f Compensatory ( C i t y ) Allowance and/or House Rent
Corporation of India, etc., share accommodation allotted to another
Allowance in the following cases shall be regulated as stated b e l o w —
Government servant, House R e m Allowance will be admissible DO only one
of them, at their choice. (a) Leave
T h e term "accommodation" includes t i e acconnmodation allotted to ( i ) A Government servant w i l l be entitled to draw Compensatory ( C i t y )
the employees of State Governments, \u*>«iom<«s Public Undertakings, and House Rent Allowances during leave at the same rates at which he was
semi-Government Organizations such as Miinicipality, Port Trust, etc. drawing these allowances before he proceeds o n leave. For this purpose,
leave means total leave o f all kinds not exceeding*** 180 days and the
D r a w a l of House R e n t Allowance b>j husband a n d wife when first*** 180 days o f the leave i f the actual duration of the leave exceeds that
both of them happen to be O v e n u a e n t servants and a r e firing in period; but does not include terminal leave, whether running concurrently
hired/owned accommodation.— Clarifications vere bchxg sought by with the notice period or not. W h e a vacation or holidays are combined with

OA—6

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