BIH
AR STATE EMPLOYEES (HOUSE RENT
ALLOWANCE) RULES, 1980
[No. 3/AI-3-5/83?5678F]
[13th June 1980]
PREAMBLE
In exercise
of the powers conferred by Article 309 of the Constitution of India, the
Governor of Bihar is pleased to make the following Rules regulating the grant
of House Rent Allowance to the employees of the State, namely.--
Rule 1.
(i)
These Rules may be called the Bihar State Employees
(House Rent Allowance) Rules, 1980.
(ii)
These Rules shall come into force with effect from
1st April, 1980.
Rule? 2.Definition.--
For purpose of these Rules?
(a)
"Pay" means as defined in Rule 34 of the
Bihar Service Code.
(b)
"Rent" means the charges paid by a
Government servant as consideration for unfurnished accommodation occupied by
him if he is a tenant, and the gross rental value of the house as assessed for
municipal purpose or otherwise without deduction of the rebate of 10 per cent
on account of repairs if he is an owner, and shall; in both cases, include
municipal and other taxes, except service taxes levied separately and described
as such that are legally payable by the occupier.
(c)
"Family" means a Government servant's
wife/husband, children and other persons residing with and wholly dependent
upon him/her. A husband/wife/child/parent having an independent source of
income is not treated as a member belonging to the family of the Government
servant except when such income including pension (inclusive of temporary
increase in pension and pension equivalent of death cum retirement benefits)
does not exceed Rs. 250 per month.
Rule 3.The following House Rent Allowance shall be admissible to the State Government employees:?
(a)
Rates of Allowance.
Class of
city/town
'A'
Class 15% of pay subject to a maximum of Rs. 400
per mensem.
'B'-1 Class
'B'-2
Class 7?% of pay subject to a maximum of Rs. 200 per
'C
Class mensem.
Note.-- House Rent Allowance is admissible, without
reference to the quantum of rent paid to employees drawing pay up to [1] [Rs. 1069].
In the case of employees drawing pay exceeding [2] [Rs. 1069]
production and verification of rent receipts shall be compulsory.
(b)
Verification of Rent Receipts.
(i)
House Rent Allowance is admissible, without
reference to the quantum of rent paid to the employees drawing pay up to [3] [Rs. 1069].
However employees drawing pay exceeding [4] [Rs. 1069]
shall, unless they produce rent receipts for verification, also draw House Rent
Allowance at the same rate to which an employee drawing pay of [5] [Rs. 1069]
and serving at the same station is entitled to House Rent Allowance at a higher
rate can be drawn by them only if they are in a position to produce rent
receipts.
(ii)
According to Rule 9(a) a Government servant is
required to furnish a certificate in the form prescribed in Annexure II, III-A,
III-B, or III-C along with his first claim of House Rent Allowance and also in
January and July, each year. The house rent receipts are also required to be
furnished along with these certificates. If there is any change in any of the
provisions of the certificate last given, resulting in increase or decrease of
the allowance payable, a fresh certificate together with a house rent receipt
is required to be furnished as soon as the change occurs. It is clarified that
the verification is required to be made only with reference to the rent
receipts produced. In case where the administrative authorities have reason to
doubt the particulars given in the rent receipts, separate enquires should be
made.
(iii) The
verification of rent receipt in the case of Non-Gazetted Officers will be the
responsibility of the Head of the office and in the case of Gazetted Officers
it will be for the Head of the Department to ensure that the verification is
done in the required manner. In the case of a Head of Department the necessary
verification will be done by the Administrative Department concerned. Gazetted
Officers will furnish a certificate to the Accountant-General indicating that
the rent receipt, in original, has been submitted separately to the Head of the
Department for verification, along with requisite certificates as required
under Rule 9(a) to enable the Accountant-General to authorise drawal of House
Rent Allowance to the officer concerned. Simultaneously, they will also furnish
a copy of the said certificate alongwith the rent receipts in the original to
the administrative authority concerned with the verification of their rent
receipts.
Area Where
Admissible???????????????
Rule? 4.
(i)
The limits of the locality within which these Rules
apply shall be those of the named municipality, or corporation and shall
include such of the suburban municipalities, notified areas or cantonments as
are contiguous to the named municipality or corporation or other areas as the
State Government may, from time to time, notify.
(ii)
These Rules will automatically apply/cease to apply
to areas which may be included within/excluded from the limits of the named
municipality or corporation by the State Government concerned, from the date of
such inclusion/exclusion.
(iii) A Government
servant whose place of duty falls within the qualifying limits of a city shall
be eligible for the House Rent Allowance, irrespective of whether his place of
residence is within such limits or outside.
Note.1.-- Absence from place of duty during
holidays, except those affixed to leave, will not affect the eligibility for
the House Rent Allowance.
Note. 2.-- For the period of tour, a Government
servant's entitlement to this allowance shall be regulated with reference to
his headquarters.
(iv)
Government servants whose place of duty is in the
proximity of a qualified city, and who, of necessity have to reside within the
city, may be granted the House Rent Allowance admissible in that city. The
Administrative Department, in respect of staff serving under them, are
authorised to sanction the allowance under this clause provided they are
satisfied that?
(v)
the distance between the place of duty and the
periphery of the municipal limits of the qualified city does not exceed 8
kilometres; and
(vi)
the staff concerned have to reside within the
qualified city out of necessity, i.e. for want of accommodation nearer their
place of duty.
Note 1.-- Rule 4 (b) (ii) is applicable only at
place which are within 8 kilometres of municipal limits of classified cities
but not included within the Urban Agglomeration of any city. Government
servants within the area of the Urban Agglomeration of classified city as
mentioned in Annexure IV will be eligible for House Rent Allowance at the rate
admissible.
Note 2.-- Rule 4 (b) (ii) will not apply to
establishments entitled to House Rent Allowance, project allowance, remote
locality allowance, hill allowance or such other allowances under any other
provision of this Rule or other general or special orders.
Those
Occupying or Refusing Government Accommodation not eligible for House Rent
Allowance
Rule? 5.The grant of House Rent Allowance shall be subject to the following conditions:
(a)
To those Government servants who are eligible for
Government accommodation, the allowance will be admissible only if they have
applied for such accommodation in accordance with the prescribed procedure, if,
any, but have not been provided with it.
(b)
(i) The allowance shall not be admissible to those
who occupy accommodation provided by Government or those whom accommodation has
been offered by Government but who have refused it. In the latter case, the
allowance will not be admissible for the period for which a Government servant
is debarred from further allotment of Government accommodation under the
allotment Rules applicable to him.
(ii) The
House Rent Allowance drawn by a Government servant, who accepts allotment of
Government accommodation, shall be stopped from the date of occupation, or from
the eighth day after the date of allotment of Government accommodation,
whichever is earlier. In case of refusal of allotment of Government
accommodation House Rent Allowance shall cease to be admissible from the date
of allotment of Government accommodation. In case of surrender of Government
accommodation, the House Rent Allowance, if otherwise admissible, will be
payable from the date of such surrender.
Note.-- In the case of surrender of Government
accommodation, the House Rent Allowance, if otherwise admissible will be
payable from the date from no accommodation certificate is issued by the
accommodation controlling authority.
(iii) A
Government servant debarred from allotment of Government accommodation due to
unauthorised sub-letting or for other breaches of Rules, but excluding those
covered by clause (b) (i) will be eligible for House Rent Allowance during the
period of such department, subject to the fulfilment of the usual conditions
except that the conditions that he must have applied for but not provided with
Government accommodation will not be enforced in his case.
(iv) Refusal
by a Government servant of a quarter of a different class from that for which
he is eligible shall not constitute refusal for the purpose of these Rules
unless he has the option to apply for accommodation of a class next below one
to which he is entitled by virtue of his emoluments and he refuses such
accommodation when allotted on the basis of his application.
(v) Refusal
by a Government servant of accommodation (other than single room hostel
accommodation or hostel accommodation where messing and payment of service
charges are compulsory) allotted out of turn on his own application shall
constitute refusal for the purpose of these Rules, even when the accommodation
provided is of a lower class than that for which he is eligible.
(vi) Female
Government servants residing in the Working Girl's Hostel, or in Government run
hostel are not entitled to House Rent Allowance. Government servant living in
hostels run by authonomous and semi-Government Organisation, which are not run
on commercial lines (i.e. State Government employees allotted hostel
accommodation are not charged market rent but a subsidised rent), would not be
entitled to House Rent Allowance.
(vii) A
Government servant who, on transfer, has been permitted to retain Government
accommodation at the old station on payment of normal rent or penal rent, will
be eligible for House Rent Allowance at the new station.
(viii) A
Government servant who was not in occupation of Government accommodation at his
old station and who, on transfer, leaves his family behind at the old station
because he has not rented a house or has not been allotted Government
accommodation at the new station; will be eligible for House Rent Allowance for
a period of six months from the date of his assumption of charge at the new
station or till he rents a house or is allotted Government accommodation at the
new station, whichever is earliest. The House Rent Allowance in such cases
shall be regulated as follows without prejudice to the entitlement to House
Rent Allowance with reference to the place of duty in terms of Rule 3.
|
(1) |
During the first two months of the date of assumption
of charge at the new station. |
At the same rate at which it was drawn at the old
station. |
|
(2) |
For the next 4 months. |
At the rate at which it was being drawn by him at the
old station or the maximum amount that would have been admissible to him at
the new station, had he taken a residence on rent there, whichever is less. |
In either
case the grant of House Rent Allowance under these provisions shall not be
admissible beyond the date on which he rents a house or is allotted Government
accommodation at the new station.
(ix) During
the period of transfer not exceeding 90 days, a Government servant shall draw
House Rent Allowance at the same rate at which he was entitled to it at the
time of transfer. The quantum of the allowance shall, however, be determined
with reference to the pay which a Government servant would have drawn but for
the transfer. For periods of transfer exceeding 90 days the grant of this
allowance shall be regulated with reference to the new head-quaters. If a
transfer, initially made for a period not exceeding 90 days is later extended,
the House Rent Allowance shall be paid up to the date of issue of orders
extending the transfer or for a period of 90 days whichever is less.
Note.-- For temporary transfer; initially made for
a period not exceeding 90 days, but later extended beyond this period, the
benefit of the provisions contained in Rule 5(b) (viii) shall be allowed to the
Government servant from the date of issue of the order converting the transfer
into a permanent one or at the end of 90 days whichever is earlier.
Conditions for Drawal of House Rent Allowance
Rule? 6.
(a)
Subject to the provisions of clause (b), no
Government servant will draw House Rent Allowance in excess of the amount by
which the rent actually paid by him exceeds 10 per cent of his pay.
(b)
If the Government servant sub-lets or shares a part
of his accommodation with one or more adults, not belonging to his family,
whether Government Servant or not, a reduction of 40 per cent or the actual
rent charged by him from the sub-tenant/co-sharer, whichever is higher, shall
be made from the rent actually paid by him to the landlord for the purpose of
computing the amount of House Rent Allowance admissible to him. A reduction of
40 per cent shall also be made where a part of the accommodation hired by the Government
servant for which he claims House Rent Allowance is used for other than bona
fide residential purposes.
(c)
If the sub-tenant or co-sharer is also a Government
servant, House Rent Allowance will be admissible to him also, the amount of the
allowance being calculated on the rent actually paid by him to the main tenant.
Note 1.-- Keeping of servant in the house shall not
be deemed to be subletting or sharing a part of the accommodation.
Note 2.-- As an exception of the above Rule in
cases where a Government servant who shares his/her accommodation with his
wife/her husband/parents/son/ daughter/unmarried sister who is also an employee
of Central Government/State Government/Autonomous Public
Undertaking/Semi-Government Organisation such as a Municipality, Port Trust,
Nationalised Banks, Life Insurance Corporation of India, etc., he/she
(Government servant) may be allowed the option to draw House Rent Allowance
without a reduction of 40 per cent from the rent actually paid by him/her,
subject to the condition that the other spouse/parent/son/daughter does not
draw any House Rent Allowance.
Note 3.-- The reduction of 40 per cent referred in
clause (b) (i) will not be made where spouse/parent/son/daughter/unmarried
sister is/are employed in the private sector or are self-employed or pensioner
or/and is/are having income exceeding Rs. 250 per month from any
property/investment.
(d)
A Government servant shall not be entitled to House
Rent Allowance, if?
(e)
he shares Government accommodation allotted rent free
to another Government servant, or
(f)
he/she resides in accommodation allotted to his/her
parents/son/ daughter by the Central Government, State Government, an
autonomous public undertaking or Semi-Government Organisation such as a
Municipality, Port Trust, Nationalised Banks, Life Insurance Corporation of
India, etc.
(g)
his wife/her husband has been allotted
accommodation at the same station by the Central Government, State Government,
an Autonomous Public Undertaking or Semi-Government Organisation, such as
Municipality, Port Trust, etc., whether he/she resides in that accommodation or
he/she resides separately in accommodation rented by him/her.
(h)
The half-yearly verification of rent receipts as a
matter of routine shall be dispensed with. The Head of Office in the case of a
non-Gazetted Government servant, the Head of the Department in the case of a
Gazetted Government servant or the Administrative Department if the Government
servant himself is Head of the Department shall however, have the right to test
check the rent receipt and also consider whether the rent claimed is
reasonable.
(i)
As an exception to clause (a) and (b) Government
servants drawing pay up to Rs. 750 other than a Government servant who is
living in a house owned by him and drawing pay up to Rs. 750 shall be eligible
for House Rent Allowance at the rates specified in Rule 3 even if they share
Government accommodation allotted to other Government servants [excluding those
mentioned in (c) above] or private accommodation of other Government servant
[including those mentioned in (c) (iii) subject only to the condition that they
pay rent or contribute towards rent or house or property tax but without
reference to the amount actually paid or contributed. As an exception to Rule
8, the grant of House Rent Allowance to a Government servant living in his/her
own house or to a Government servent living in a house owned by a Hindu
undivided family in which he is a co-parcener, and whose pay does not exceed
Rs. 750 will be without reference to the amount of the gross rental value as
assessed by the Municipal Authorities. Thus, in the case of such Government
servants it will not be necessary to insist on the production of the assessment
of the rental value by the Municipal Authorities for purpose of claiming House
Rent Allowance.
Note.-- In cases where husband/wife/parents,
children, two or more of them being Central Government servants or employee of
State Governments, Autonomous Public undertaking or Semi-Government
Organisation like Municipality, Port Trust, Nationalized Banks, Life Insurance
Corporation of India etc. share accommodation allotted to another Government
servant, House Rent Allowance will be admissible to only one of them, at their
choice.
(j)
The term "accommodation" includes the accommodation
allotted to the employee of State Government, Autonomous Public Undertakings,
Semi-Government Organisation, such as Municipality, Port Trust, etc.
Regulation of
Allowance in Different Circumstances
Rule? 7.The drawal of House Rent Allowance in the following case shall be regulated as stated below:?
(a)
A Government servant will be entitled to draw House
Rent Allowance during leave at the same rate at which he was drawing this
allowance before he proceeds on leave. For this purpose leave means total leave
of all kinds not exceeding 4 months or, in the case of Government servants
governed by the Revised Leave Rules, 120 days and the first 4 months/120 days
of the leave if the actual duration of the leave exceeds that period; but does
not include terminal leave, whether running concurrently with the notice period
or not. When vacation or holidays are combined with leave, the entire period of
vacation or holiday and leave should be taken as one spell of leave.
(b)
House Rent Allowance will be admissible during
L.RR. (leave preparatory to retirement) or refused leave, i.e. where L.RR. was
refused in public interest and the person concerned enjoys it after demitting
office, subject to submission of certificate that the employee concerned and/or
his family continue to reside at the same place/same station. During the period
of refused leave, the aforesaid allowance shall not, however, be paid as a part
of one time settlement but shall be paid each month in arrears on the expiry of
the refused leave for that month.
Note 1.-- In the case of Government servants who
are originally granted leave on medical certificate exceeding four months and
have ultimately to retire from Government service on grounds of invalidity, the
entire leave thus becoming leave preparatory to retirement, recovery of House
Rent Allowance already drawn need not be effected. State Government servants
who are originally granted leave on medical ground or otherwise but do not join
duty after expiry of such leave owing to death/invalidation during such leave
may also be regulated in the same manner.
Note 2.-- The drawal of this allowance during
periods of vacation whether combined with leave or not shall be regulated in
the same way as during leave.
Note 3.-- In case where a Government servant who is
on sanctioned leave where on medical grounds or otherwise, does join duty after
available himself of such leave, and resigns, he shall not be eligible for
House Rent Allowance for the entire period of such leave. The Administrative
authority concerned shall ensure that the entire amount drawn on this account
is recovered before resignation, etc, is accepted.
Note 4.-- Drawal of this allowance during the
period of leave in excess of first 4 months/120 days availed of on grounds
other than medical grounds mentioned in clause (ii) of this Rule shall be
subject to furnishing of the certificates prescribed in Rule 9(a).
(c)
The limit of 4 months/120 days shall be extended to
8 months for the purpose of the grant of this allowance in the case of
Government servants suffering from T. B. Cancer or other ailments during the
period of their leave taken on medical certificates. It is immaterial whether
the leave is on medical certificate from the very commencement or is in
continuation of other leave as defined in clause (i) of this Rule. In the case
of employees suffering from T. B., Cancer, or other ailments, who remain on
leave for a period exceeding 8 months, the grant of House Rent Allowance for
the period of leave beyond 8 months, may be decided by the respective
controlling authorities without consulting the Finance Department irrespective
of the period of leave involved so long as the Medical Certificate is
available.
(d)
Joining Time.-- During joining time, a
Government servant shall continue to draw House Rent Allowance at the same rate
at which he was drawing this allowance at the station from where he was
transferred. Where, however, joining time is affixed to leave, joining time
shall be added to the period of 4 months/120 days referred to in clause (a)
unless in any case it is otherwise expressly provided :
(e)
Leave taken during the course of training or
immediately after the completion of training abroad to cover stay over/stop
overs resulting in the absence of the trainees abroad beyond a period of six
months cannot be treated as part of the period of training and as such the
Government servant concerned will not be entitled to any House Rent Allowance
during the period of leave taken on training abroad irrespective of whether the
leave falls within the first six months of the training or immediately after
the completion of training aborad.
(f)
Deputation abroad.-- The officers going abroad on
deputation shall be eligible to draw House Rent Allowance at the rates
admissible to them from time to time at station from where they proceed abroad
on deputation in the following manner:?
(i)
Deputation not exceeding one year.-- House Rent
Allowance will be admissible for the entire period of deputation.
(ii)
Deputation exceeding one year.-- An employee proceeding
on deputation abroad for a period exceeding one year will be eligible for House
Rent Allowance till such time as his family remains at the last place of his
duty in India. In the event of an employee applying for family passage to the
place of deputation abroad or for Transfer Travelling Allowance in respect of
his family's journey from the headquarters in India to Home town or any other
station, he will not be required to refund the amount of House Rent Allowance
up to the date up to which the family actually resides at the last Headquarters
of the employee in India.
(iii) Deputation
initially not exceeding one year but subsequently extended beyond one year.--
House Rent Allowance will be admissible up to the date of orders extending the
period of deputation beyond one year. Thereafter, the allowance shall be
admissible as per sub-clause (ii) of clause (c) of this Rule.
(iv)
Thedrawal of allowance under this sub-clause will
be subject to the production of certificates prescribed in Rule 9 (d).
(g)
Traning abroad.-- A Government servant who is
deputed for training abroad under the various training schemes sponsored by the
Government of India or operated through non-official channels shall be entitled
to draw House Rent Allowance during the entire period of such training at the
rates admissible to him from time to time at the station from where he was
deputed abroad for training subject to the production of certificates
prescribed in Rule 8 (d).
(h)
Training in India.-- A Government servant, whether
permanent or temporary, who is sent on training in India, and whose period of
training is treated as duty under Rule 14 (e) (1) of the Bihar Service Code,
shall be entitled to draw during the entire period of such training House Rent
Allowance at the rates admissible to him, from time to time, at either the
place of training or the place of duty from where he proceeded on training,
whichever are more favourable to him. For claiming the allowance admissible at
the place of duty from where a Government servant proceeds to another station
for training, he will be required to furnish the certificate(s) prescribed in
Rule 9 (d).
Note:?A Government
servant, who is allowed travelling allowance as on tour and draws daily
allowance at the place of training will draw House Rent Allowance only at the
rates admissible to him at his Headquarters from where he proceeded on
training.
Clarification
(i)
A point may be raised whether a departmental
trainee who is drawing House Rent Allowance at the station from which he
proceeds for training can be allowed to draw during the period of training, the
House Rent Allowance at the rates admissible at the old station when the
training is imparted at a residential training centre where the trainee is
provided accommodation only for himself but is not provided with any
accommodation for keeping his family and the trainee continues to incur
expenditure on house rent at his old headquarters.
(j)
It is clarified that department trainees in the
circumstances explained above may be allowed to draw House Rent Allowance
during the period of training at the rates admissible at the old station from
which they proceed on training subject to the fulfilment of all other terms and
conditions governing the grant of House Rent Allowance.
(k)
Suspension.-- The drawal of House Rent Allowance to
a Government servant under suspension shall be regulated with reference to
proviso to Rule 96 (1) (b) and 97 of Bihar Service Code subject to his
furnishing either or both of certificates prescribed in Rule 9 (d) for drawal of
allowance for periods beyond 4 months/120 days from the date of suspension.
Note.-- If the headquarters of a Government servant
under suspension are changed in the public interest by orders of a competent
authority, he shall be entitled to the allowance as admissible at the new
station provided he furnishes the requisite certificate with reference to such
station.
(l)
Re-employed Pensioners.-- The drawal of House Rent
Allowance in case of re-employed pensioners shall be regulated as indicated
below :?
(a)
In the case of officers whose pay plus pension
exceeds the sanctioned maximum pay of the post the allowance will be calculated
on that maximum.
(b)
In the case of officers whose pay on re-employment
in a post is fixed without taking into account the entire pension or a part
thereof, the amount of pension so ignored shall also not be taken into account
for the purpose of the grant of House Rent Allowance.
(c)
In other cases, the allowance will be calculated on
pay plus pension.
Note.-- For the purpose of clause (g)?
(a)
'Pension' means gross pension including temporary
increase in pension and pension equivalent of death-cum-retirement gratuity and
other retirement benefits, if any.
(b)
The amount of pension will be the amount originally
sanctioned (i.e., before commutation if any) less the amount of pension, if
any, held in abeyance as a condition of re-employment,
(m)
Women Government servants not paying rent
themselves?In the case
of married Government servant residing with her husband, and in the case of an
unmarried Government servant residing with her father or other members of the
family, who are not Government servants the rent paid by her husband or, as the
case may be, by her father or other members of the family, shall be deemed to be
the rent paid by her. Such Government servants will be eligible for House Rent
Allowance if otherwise admissible under these Rules.
Government Servants owning Houses
Rule? 8.
(i)
A Government servant living in a house owned by
him, his wife, children, father or mother shall also be eligible for House Rent
Allowance under these Rules. In such cases, the gross rental value of the house
or, if he is not in occupation of the entire house, or the portion of the house
actually occupied by him (as ascertained from its assessed value for municipal
purposes or otherwise), without deduction of rebate of 10 percent
on account of repairs and including municipal and other taxes that are legally payable
by the owner other than "Service taxes" levied separately and
described as such, shall be taken as the rent paid by him for private
accommodation for the purposes of these Rules.
(ii)
When separate amount of assessed value is not
available in respect of a portion of a house, it will be calculated
proportionately with reference to the plinth area actually in the occupation of
a Government servant.
(iii) If a house is
situated within a municipality/local board/notified area/cantonment boards,
grant of House Rent Allowance in above case should invariably be regulated on
the basis of gross rental value as assessed by these authorities. Only when
assessment by such an authority is not possible assessment made by other local
authorities may be accepted as the basis for the grant of House Rent Allowance.
Clarification
(i)
A question may be raised regarding the manner in
which the claim of House Rent Allowance of State Government employees who have
taken House/flats on hire purchase basis from private House Building Societies,
Bihar State Housing Board should be regulated. It is clarified that the rental
value of the premises as determined by the Municipal authorities, etc. as in
the case of house fully owned by Government servants for determining the House
Rent Allowance payable to the Government concerned shall form the basis for the
grant of House Rent Allowance in such cases.
(ii)
In the case of a Government servant living in a
house owned by a Hindu undivided family in which he is a co-parcener, House Rent
Allowance will be regulated with reference to the gross rental value, as in
clause (i) of the portion of the house actually in his occupation and not on
the basis of the rent which he claims to pay to the Manager of the Hindu
undivided family.
Note.-- The grant of House Rent Allowance to
Government servants referred to in clauses (i) and (ii) will be subject to the
fulfilment of the same conditions as apply to a Government servant residing in
private rented accommodation.
(iii) In the case
of a Government servant who owns a house at a place of duty but resides in a
rented house instead, House Rent Allowance shall be paid in respect of the
rented house, if otherwise admissible.
Certificates
Rule? 9.
(a)
Every Government servant shall furnish along with
the first claim for House Rent Allowance a certificate in the form given in
Annexure II, III-A, III-B or III-C whichever is applicable to him and whenever
there is a change in any of the provisions of the certificate last given in
respect of the same or different accommodation and/or resulting increase or
decrease of the allowance payable.
(b)
While Non-Gazetted Officers shall furnish the
requisites to their Head of Officer, Gazetted Officers shall furnish the same
to the Accountant General along with their first claim for House Rent Allowance
and also attach them with their pay bills for January and July each year.
(c)
The following certificate shall be endorsed in
January and July each year by the drawing and disbursing officer on the bill in
which House Rent Allowance of non-Gazetted Officers are drawn by them;
(d)
"Certified that in the case of all Government
servants for whom House Rent Allowance is drawn in this bill, the eligibility
of the allowance has been verified with reference to Rule 4."
(e)
"Certified that the Government servants for
whom House Rent Allowance is drawn in this bill (have applied for but) have not
been provided with any Government accommodation."
(f)
"Certified that certificates prescribed by
Government have been obtained from Government servants for whom House Rent
Allowance has been drawn in this bill and I am satisfied that claims are in
accordance with the Rules in force."
Note.-- The
words shown in the brackets in clause (ii) may be omitted if the Government
servants for whom the allowance is drawn are not eligible for Government
accommodation or if their cases are covered by the Notes under Rule 5.
(g)
The certificates required under clauses (c) (iv),
(d), (e) and (f) of Rule 7 will be as follows :?
(h)
The Government servant concerned continued for the
period for which House Rent Allowance is claimed, to retain the house at the
same station (whether within its qualifying limits or in an adjoining area)
from where he was placed under suspension proceeded on leave/deputation abroad/training
paid rent for it and did not sub-let whole of it.
Note 1.-- The words "adjoining area" used
in the above certificates refer to an area from which a Government servant
normally attends to his duties.
Note 2.-- If part of an accommodation is sub-let by
a Government servant during the events referred to in the clauses quoted above
his House Rent Allowance will be regulated in the manner prescribed in Rule
(6)(b)(i).
Rule? 10.These Rules will apply to?
(a)
Government servant appointed on ad hoc or personal
rates of pay unless the orders sanctioning their appointment specifically
provide for the drawal of House Rent Allowance in addition to pay;
(b)
staff paid out of contingencies.
Rule? 11. These Rules will not also apply to Government servants who are entitled to House Rent Allowance in lieu of rent free accommodation as a condition of service.
ANNEXURE I
List of 'A', 'B-1', 'B-2'and 'C Class cities where House
Rent Allowance will be admissible according to Rule 3.
|
|
|
|
|
Class of Cities |
|
Name of State |
'A' |
'B-1' |
'B-2' |
'C' |
|
Bihar |
|
|
Patna (U A) [6][Jamshedpur (U.A.), Ranchi
(U.A.) |
Arrah, Bettiah, Bhagalpur, Bihar-sharif, Bokaro Steel
City, (U.A.), Chapra, Darbhanga, Dehri, Dalmia-nagar, Dhanbad (U.A.), Dinapur
(U.A.), Gaya, Hazaribagh, Katihar (U.A.) Monghyr, Jamalpur, Muzaffarpur,
Purnea (U.A.), Sasaram, [7] [Barauni, Begusarai (U.A.)
Daltonganj, Deoghar (U.A.), Giridih, Hajipur, Kishanganj, Mokamah, Motihari
(U.A.), Patratu (U.A.) Saharsa, Siwan. |
ANNEXURE II
(Reference Rule 9)
Certificate to be furnished
by a State Government servant drawing pay upto [8] [Rs. 1069] per month as well as by a State Government
servant drawing pay above [9] [Rs. 1069] per month but claiming House Rent Allowance with
reference to pay [10] [Rs. 1069] per month.
(1) I certify that I [11] (have applied for the Government accommodation in accordance
with the prescribed procedure but) have not been provided with Government
accommodation/have refused the allotment of Government accommodation during the
period in respect of which the allowance is claimed.
(2) I certify that I am residing in a house hired/owned by me/my
wife/husband/son/daughter/father/mother/a Hindu Undivided Family in which I am
a co-parcener.
(3) I certify that I am incurring some expenditure on rent.
contributing towards rent.
Or
[12]I certify that the rental value of the house owned by
me/owned by a Hindu Undivided Family in which I am a co-parcener and in which I
am residing is ascertainable in the manner specified in Rule 8. [13] I certify that I am paying/ contributing towards house or
property tax.
(4) I certify that I am not sharing accommodation allotted to my
parent/ children by the State/Central Government, an autonomous public
undertaking or semi-Government organisation such as municipality, port trust,
etc., allotted rent free to another Government servant.
(5) I certify that my husband/wife/children/parents who is/are
sharing accommodation with me allotted to another employee of the Central/State
Government/autonomous public undertaking or semi-Government organisations like
municipality, port trust, etc., is/are not in receipt of House Rent Allowance
from the Central/State Government, autonomous public undertakings or
semi-Government organisations like municipality, port trust etc.
(6) I also certify that my wife/husband has not been allotted
accomodation at the same station by the Central/State Government, an autonomous
public undertakings or semi-Government, organisations such as municipality,
port trust, etc.
Date.......................
Signature...........................
Designation......................
ANNEXURE III-A
(Reference
Rule 9)
Certificate to be furnished by a Government servant
drawing pay above [14] [Rs. 10.69]
per month for the grant of House Rent Allowance in terms of Rule 6.
[16] [(a)
occupiers share of municipal and other taxes not legally payable by the tenant
Rs.]
[17] [(b) service
taxes levied separately and described as such Rs...for the period.....]
(2)
[18] [I certify
that I am myself not a sub-tenant of another Government servant.]
(3)
[19] [I certify
that accommodation in respect of which the allowance is claimed is not sub-let
or occupied normally by any person other than (a) members of my family as
defined in Rule 2(c) or (b) my spouse/son (s)/daughter (s)/parent (s) who
is/are not drawing any House Rent Allowance from Central Government, State
Government. Autonomous Public Undertakings/semi-Government Organisation such as
Municipality, Port Trust/Autonomous Bodies having been brought into existence
by an Act of Parliament such as Nationalised Banks, Life Insurance Corporation
of India, etc.]
(4)
I certify that I [20] [have
applied for Government accommodation in accordance with the prescribed
procedure but] I have not been provided with (have refused the allotment of)
Government accommodation during the period in respect of which the allowance is
claimed.
(5)
I also certify that my wife/husband has not been
allotted family accommodation at the same station by the Central Government, a
State Government, autonomous public undertakings or a semi-Government
organisation such as Municipality, Port Trust, etc.
(6)
I also certify that [21] [the
accommodation for which House Rent Allowance has been a part of the
accommodation for which House Rent Allowance claimed by me is not being used
for other than bona fide residential purposes.
______________purposes since.................
House Rent
Allowance Claimed
Cases in which accommodation is not
sub-let/occupied by non-family members.
|
|
Rs. |
|
Monthly rent paid excluding sub-items (a) and (b) of them
(1) above |
X |
|
10 per cent of pay |
Y |
|
House Rent Allowance claimed |
X-Y (subject to prescribed ceiling) |
Case in which accommodation is sub-let/occupied by
non-family members
|
|
Rs. |
|
Monthly rent paid excluding sub-item (a) and (b) of
item (1) above Rent to be taken |
X 3 X 5 |
|
10 per cent of pay |
Y |
|
House Rent Allowance claimed |
3 X Y
(subject to prescribed ceiling). 5 |
ANNEXURE III-B
(Reference Rule 9)
Certificate to be furnished by
a Government servant drawing pay above [22] [1069] per month for the
grant of House Rent Allowance in terms of Rule 8 read with Rule 6.
(1)
I certify that I am residing in a house owned by my
wife/son/daughter/ father/mother/........(address of premises) from
the...........to the..................and that the monthly gross rental value
thereof as assessed for municipal purpose or otherwise (without deduction of
the rebate of per cent on account of repairs) is Rs............This
includes/does not include?
[23] [(a) Municipal and other
taxes payable by the owner Rs................
[24] [(b) Service taxes levied
separately and described as Rs.................for the
period...........................
(2)
[25] [I certify that accommodation
in respect of which the allowance is claimed is not occupied normally by any
person other than (a) members of my family as defined in Rule 2 (c) or (b) my
spouse/son (s) daughter (s)/parents (s). Who is/are not drawing any House Rent
Allowance from CentrCal Government, State Government, Autonomous Public
Undertaking/Semi Government Organisations such as Municipality, Port
Trust/Autonomous Bodies having been brought into existence by an Act of
Parliament such as, Nationalised Banks, Life Insurance Corporation of India,
etc.
(3)
I certify that I [26] [have applied for Government
accommodation in accordance with the prescribed procedure but] have not been
provided with/(have refused the allotment of Government accommodation during
the period in respect of which the allowance is claimed.
(4)
I also certify that my wife/husband has not been allotted
family accommodation at the same station by the Central Government, a State
Government, an autonomous public undertaking or, a Semi-Government organisation
such as Municipality, Port, Trust, etc.
(5)
I also certify that [27] [the accommodation for which
House Rent Allowance has been a part of the accommodation for which rent
allowance claimed by me is not being used for other than bona fled residential
is being claimed by me is used for other than bona fide residential purposes.
purposes,
since.........................
House Rent Allowance Claimed
Cases in which accommodation
is not occupied by non-family members.
|
|
Rs. |
|
Monthly rental value including |
|
|
sub-item (a) but excluding |
|
|
sub-item (b) of item (1) above |
X |
|
10 percent of pay |
Y |
|
House Rent Allowance claimed |
X-Y (subject to prescribed ceiling). |
Cases in which accommodation
is occupied by non-family members.
|
|
Rs. |
|
Monthly rental value including sub-item (a) but
excluding sub-item (b) of item (1) above |
X 3 X |
|
Rent to be taken |
5 |
|
10 percent of pay |
Y |
|
House Rent Allowance claimed |
3 X Y (subject
to prescribed ceiling). 5 |
ANNEXURE III-C
(Reference Rule 9)
Certificate to be furnished
by a Government servant drawing pay above [28] [1069] who is living in a house owned by him or by Hindu
Undivided Family in which he is a co-parcener for the grant of House Rent
Allowance in terms 0 Rule 8.
(1) I certify that I am residing in a house owned by me/Hindu
undivided family in which I am a co-parcener (address of the premises) from
the..........to the.......... and that the monthly rental value thereof as
assessed for municipal purpose or otherwise (without deduction of the rebate of
10 per cent on account of repairs) is Rs..................This includes/does
not include?
[29] [(a) Municipal and other taxes payable by the owners
Rs................
[30] [(b) Service taxes levied separately and described as
Rs................for the period...........
(3)? ?I certify that I][32] (have applied for Government accommodation in
accordance with the prescribed procedure but have not been provided with/have
refused the allotment of Government accommodation during the period in respect
of which the allowance is claimed.
(4)? ?I also certify that my wife/husband has not
been allotted accommodation at the same station by the Central Government, a
State Government, an autonomous public undertaking or Semi-Government
Organisation such as Municipality, Port Trust, etc.
(5) ??I also certify
that [33] [the accomodation for which House Rent Allowance has been a
part of the accommodation for which House Rent Allowance claimed by me is not
being used for other than bona fide residential is being claimed by me is used
for other than bona fide residential purpose.
since.......................
purposes
[1] Substituted
by memo no. 4344 (F2) dated 30.4.1983.
[2] Substituted
by memo no. 4344 (F2) dated 30.4.1983.
[3] Substituted
by memo no. 4344 (F2) dated 30.4.1983.
[4] Substituted
by memo no. 4344 (F2) dated 30.4.1983.
[5] Substituted
by memo no. 4344 (F2) dated 30.4.1983.
[6] Added vide Memo
No. 9617 dated 10.10.1983 with effect from 1.8.1983.
[7] Added vide Memo
No. 9617 dated 10.10.1983 with effect from 1.8.1983.
[8] Substituted by Memo No. 4311 (F2) dated
30.4.1983.
[9] Substituted by Memo No. 4311 (F2) dated
30.4.1983.
[10] Substituted by Memo No. 4311 (F2) dated
30.4.1983.
[11] The words shown in brackets may be omitted if the
Government servant is not eligible for Government accommodation or if his case
is covered by Notes under Rule 5 (b) or where it is not obligatory for him to
apply for Government accommodation for eligibility for House Rent Allowance.
[12] To be furnished by a Government servant living in
his own house or in a house owned by a Hindu Undivided Family in which he is a
co-percener.
[13] To be furnished by Government servant being the
wife, husband, son, daughter, father or mother of the Government servant owning
the house who is sharing accommodation with the latter.
[14] Substituted
by Memo No. 4344 (F2) dated 30.4.1983.
[15] Delete
whichever sub-clause is not applicable.
[16] Delete
whichever sub-clause is not applicable.
[17] Delete
whichever sub-clause is not applicable.
[18] Delete
if not applicable.
[19] Delete
if not applicable.
[20] The
words shown in bracket may be omitted if the Government servant is not eligible
for Government accommodation or if his case is covered by Note under 5 (b) of
where it is not obligatory for him to apply for Government accommodation for eligibility
for House Rent allowance.
[21] Delete
whichever sub-clause is not applicable.
[22] Substituted
by Memo I.0.4344 (F2) dated 30.4.1983.
[23] Delete whichever
sub-clause is not applicable.
[24] Delete if not
applicable.
[25] Delete if not
applicable.
[26] The words shown in
brackets may be omitted if the Government servant is not eligible for
Government accommodation if his case is covered by Not under Rule 5 (5) or
where it is not obligatory for him to apply for Government accommodation for
eligibility for House Rent Allowance.
[27] Delete Whichever
sub-clause is not applicable.
[28] Substituted by Memo No. 4344 (F2) dated
30.4.1983.
[29] Omitted Whichever sub-clause is not applicable.
[30] Omitted Whichever sub-clause is not applicable.
[31] Omitted if not applicable.
[32] The word shown in brackets may be omitted if the
Government servant is not eligible for Government accommodation or if his case
if covered by Note under Rule 5 (b) or where it is not obligatory for him to
apply for Government accommodation for eligibility for Rouse Rent Allowance.
[33] Omitted Whichever sub-clause is not applicable.