GUJARAT CIVIL SERVICES (OCCUPATION OF RESIDENTIAL ACCOMMODATION) RULES, 2002

 

PREAMBLE

In exercise of the powers conferred by the proviso to Article-309 of the Constitution of India, the Governor of Gujarat hereby makes the following rules, namely:-

CHAPTER – I GENERAL

Rule - 1. Short Title and Commencement.

(1)     These rules may be called the "Gujarat Civil Services (Occupation of Residential Accommodation) Rules" 2002.

(2)     They shall come into force on and from the date of their publication in the Official Gazette.

Rule - 2. Extent of application.

Except where it is otherwise expressly or impliedly provided, these rules shall apply to-

(a)      all members of services and holders of posts whose conditions of service; the Government of Gujarat is competent to prescribe, and

(b)      the person in respect of whose service conditions, pay and allowances and pension or any of them, special provision has been made under an agreement, in respect of any matter not covered by the provisions of such agreement.

Rule - 3. Right to Interpret.

If any question relating to the interpretation of these rules arises, it shall be referred to the State Government in Finance Department whose decision thereon shall be final.

Rule - 4. Power to Relax.

Where the Government is of opinion that the operation of any of these rules may cause undue hardship to any person or class of persons, it may, by written order, for reasons to be recorded in writing, relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner:

Provided that no such order shall be made except with the prior concurrence of the Finance Department.

Rule - 5. Validity of terms of contract.

The terms and conditions of a specific contract enforceable at law entered into by the Government with any person relating to service shall prevail over the provisions of these rules.

Rule - 6. Orders of the Roads and Buildings Department.

The detailed orders for regulating the allotment, recovery of rent, the eligibility of Government employees, etc., regarding Government residential accommodation as laid down by the Government in Roads and Buildings Department shall be supplementary to these rules. The provisions contained in these rules shall prevail over the said orders laid down or issued by the Roads and Buildings Department.

Rule - 7. Exercise and delegation of powers.

(1)     The nature of powers specified in column 3 of Appendix-I, annexed to these rules shall be exercised by the authority specified in Column-4 to the extent specified in column 5 thereof.

(2)     Subject to the provision of sub-rule (1), the powers under these rules shall not be exercised or delegated except in consultation with the Finance Department.

Provided that the Finance Department may, by general or special order, specify the cases or class of cases in which it shall not be necessary to consult it.

Rule - 8. Reasons for concessions to be communicated to Audit Officer.

When a competent authority, to whom the powers are delegated under Appendix-I other than the Government, communicates to the Audit Officer an order granting concessions under these rules to any Government employee in cases in which it is directed that the reasons therefore should be recorded, it shall at the same time forward to audit officer a copy of reasons.

CHAPTER – II DEFINITIONS

Rule - 9. Unless the context otherwise requires.

(1)     "Actual travelling expenses" means the actual cost of transporting a Government employee with his domestic employees and personal luggage, including charges for ferry and other tolls, if paid, and for carriage of camp equipment, if necessary and does not include charges for accommodation in hotels and traveller's bungalows, or for refreshments, or for the carriage of stores or conveyances or for presents to drivers and like or any allowance for incidental losses or expenses such as the breakage of crockery, wear and tear of furniture, and the employment of additional domestic employees.

(2)     "Allotment" means grant of licence to a Government employee to occupy a residential accommodation owned, leased or requisitioned by Government or a portion thereof for his use as residence.

(3)     "Annexure" means annexure appended to these rules.

(4)     "Appendix" means appendix appended to these rules.

(5)     "Appointing Authority" means the authority which is competent to make appointment to the service or post from which the Government employee seeks retirement.

(6)     "Apprentice" means a person deputed for training in a trade or business with a view to employment in Government service, who is paid at monthly rates by Government during such training but is not employed in or against a substantive vacancy in the cadre of a department.

(7)     "Audit Officer" means an Accounts Officer or Audit Officer appointed by the Comptroller and Auditor General of India whatever his official designation, in whose circle of audit a public servant is serving, or (in respect to verification of service) has served.

(8)     "Cadre" means the strength of a service or a part of a service sanctioned as a separate unit.

(9)     "Camp Equipage" means an apparatus for moving a camp.

Note : This definition distinctly shows that nothing is meant except moving apparatus or "carriage" which can only include baggage-camels, pack bullocks, carts, (together with the coolies who carry camp equipment and necessary bullocks, or horses etc.) drivers of the bullocks etc., coolies who carry camp equipments, and possibly employees employed as tent pitchers, but does not include private or extra employees.

(10)   "Camp Equipment" means an apparatus for moving a camp and includes tents and the requisites for pitching and furnishing them, or, where tents are not carried, such articles of camp furniture as it may be necessary in the interests of public service for a Government employee to take with him on tour.

(11)   "Class-IV service" means service performed by a Government employee on a post classified as Class-IV services and such other unclassified Non-gazetted posts the maximum of the scale of which does not exceed Rs. 4000/-.

Note : This service has been defined as 'Inferior Service' under Clause (ii) of rule-2 of Gujarat Civil Services Classification and Recruitment (General) Rules, 1967.

(12)   "Compensatory Allowance" means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed and includes travelling allowance.

(13)   "Competent Authority" means in relation to the exercise of any power, means Government, or any authority to which the power is delegated by or under these rules.

(14)   "Consolidated Fund of India or the State or the Union Territory" All revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of India" and all revenues received by the Government of a State/Union Territory, all loans raised by that Government/Union Territory by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government/Union Territory in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of the State/Consolidated Fund of the Union Territory".

(15)   "Constitution" means the Constitution of India.

(16)   "Conveyance Allowance" means an allowance granted to a Government employee, whose pay has not been fixed with special reference to the expenditure likely to be incurred upon touring in the performance of his duties and whose duties involve an extraordinary amount of travelling within a limited area.

(17)   "Date of first appointment" means the date on which the Government employee assumes the duties of his first post in Government service, or, if this be earlier, the date of his assumption of any duty which is treated as service counting for pension.

(18)   "Daily Allowance" means an allowance granted to a Government employee for each day of his absence from headquarters, which is intended to cover the ordinary daily expenses incurred by a Government employee in consequence of such absence.

(19)   "Day" means the period beginning from a midnight and ending with the next midnight.

(20)   "Death-cum-Retirement Gratuity" means the gratuity payable under rule-81 of Gujarat Civil Services (Pension) Rules, 2002.

(21)   "Director of Pension and Provident Fund" means the Director of Pension and Provident Fund or any other officer for the time being authorised to discharge the duties and functions of or on his behalf and it includes District Assistant Examiner in respect of the sanction of the retirement benefits to Class-IV employees.

(22)   "Disbursing Authority for Pension" means (i) branch of a Nationalised Bank or (ii) treasury including sub-treasury, and pension payment office from where the retired Government employee is receiving pension authorised under the Gujarat Civil Services (Pension) Rules, 2002.

(23)   "Duty" Duty includes -

(a)      service as a probationer;

(b)      joining time;

(c)      a course of instructions or training authorised by or under the orders of Government;

Note 1 : The time reasonably required for the journeys between the place of training and the station from which a Government employee proceeds in order to undergo training, is part of the period of training.

Note 2 : The period spent by candidates at the Police Training College or School, for training and the interval between the satisfactory completion of the course and their assumption of duty should be regarded as duty for the purpose of this rule.

Note 3 : The period spent by candidates in the Prohibition and Excise Department for training and interval between the completion of the course and their assumption of duty, should be regarded as duty for the purpose of this rule.

Note 4 : When one or more holidays follow the period of training, the training period may be deemed to have been extended to cover such holidays.

(d)      the period occupied -

(i)       in appearing for a language examination prescribed by Government at which a Government employee has been granted permission to appear,

(ii)      in attending an obligatory departmental examination,

(iii)     in attending an examination which a Government employee must pass to become eligible for a higher post in any branch of the Public Service, including the time reasonably necessary for going to and from the place of examination.

This concession should not be allowed more than twice for each obligatory examination.

Note : If an examination is taken immediately before leave, the leave shall be held to have commenced from the date following that of the completion of the examination. In cases were an examination is taken in interruption of leave or immediately after leave, the time occupied in appearing for the examination, including the time necessary for going to and from the place of examination, shall be treated not as duty but as leave.

(e)      The period for which a Government employee is required to wait compulsorily until receipt of his posting orders in the cases mentioned below:-

(i)       whose orders of transfer are held in abeyance, cancelled or modified while in transit, or

(ii)      who, on return from leave or deputation or on abolition of the post held by him, has to await receipt of posting orders, or

(iii)     who, on arrival at the headquarters of the post to which he is posted is not in a position to take charge of the post from the Government employee to be relieved.

The period availed of to resume duties after the receipt of posting orders shall not exceed the joining time admissible under the rules and shall be treated as continuation of the period of compulsory waiting.

(f)       the period intervening between the date on which a Government employee is engaged temporarily for special or other duty and the date on which he takes over charge, provided the period does not exceed the joining time that would be permissible to a Government employee entitled to joining time.

(g)      the period spent by Government employee on training mentioned below:-

(i)           annual training courses of instruction or military service in accordance with the regulations framed under Territorial Army Act, 1948.

(ii)         On Home Guard training or Home Guard duties with permission of the Head of office.

(iii)       in training or in the camp in accordance with the rules of the National Cadet Corps and also such period of the vacations as are spent by National Cadet Corps Officers (Senior Division) who are Government employees holding officiating charge of units during the absence of regular Commanding Officers.

(iv)       training at a Boy Scouts' camp;

Note : No traveling or halting allowance shall be admissible in respect of this duty.

(h)     the period spent by a Government employee where he is summoned by Court of Law whether criminal or civil or by a court of martial or by a authority constituted under any law, to give evidence regarding facts which came to his knowledge in the discharge of his public duties or to produce official documents in a civil suit.

(i)       the period spent by a Government employee in connection with work on the various University bodies in the Gujarat State -

(a)      as representatives of Government or ex-officio,

(b)      by virtue of his official position such as Principal of a College, and

(c)      for attending the meeting of a Board of Studies.

(24)   "Emoluments" means -

(i)       Pay,

(ii)      payments from the Consolidated Fund of India or of the State or of the Union Territory and only that portion of the fees received by a Government employee which he is allowed to retain under the rules, if such payments or fees are received in the shape of a fixed addition to monthly pay and allowance as part of the authorised remuneration of a post.

(iii)     compensatory allowances other than travelling allowance, uniform allowance, clothing allowance, outfit allowance, special outfit allowance, uniform grant and grant for horse and saddlery whether drawn from the Consolidated Fund of India or of the State, or of the Union Territory.

(iv)    Pension and pension equivalent of death-cum-retirement gratuity except the following:-

(a)      wound or injury pension and Family Pensions drawn under the provisions of Gujarat Civil Services (Pension) Rules, 2002.

(b)      compensation received under the Workmen's Compensation Act, 1923.

Note : The word "Pension" means the full sanctioned pension prior to commutation.

(v)      in the case of a Government employee under suspension and in receipt of a subsistence allowance, the amount of the subsistence allowance

Provided that, if such Government employee is subsequently allowed to draw pay for a period of suspension, the difference between the house rent recovered on the basis of the subsistence allowance and the house rent due on the basis of the emoluments ultimately drawn shall be recovered from him:

Provided further that if such Government employee is subsequently reinstated and the period of suspension is treated as leave, the difference between the house rent recovered on the basis of the subsistence allowance and the house rent due on the basis of emoluments defined in Note-2 below shall be recovered from him.

Note 1 : Allowances attached to the President's Police and Fire Services Medal, the Police Medal, or the Indian Order of Merit, Param Vir Chakra, Maha Vir Chakra, VIr Chakra are not included in the emoluments.

Note 2 : The emoluments of a Government employee on leave mean the emoluments drawn by him for the last complete calendar month of duty performed by him prior to his departure on leave.

(25)   "Executive Engineer" means an officer appointed as such and incharge of the different types of Government residential accommodation and includes any other officer to whom the powers are delegated by the Government in respect of Gujarat Civil Services (Occupation of Residential Accommodation) Rules, 2002.

(26)   "Family" means a Government employee's wife or husband, as the case may be, residing with the Government employee and legitimate children and step-children residing with and wholly dependent upon the Government employee. It includes, in addition, parents, sisters and minor brothers if residing with and wholly dependent upon the Government employee.

Note 1 : Not more than one wife is included in the term "family" for the purpose of these rules.

Note 2 : An adopted child shall be considered to be legitimate child if, under the personal law of the Government employee, adoption is legally recognised as conferring on it the status of a natural child.

Note 3 : A legitimate child or step child/parent/sister/minor brother who resides with the Government employee and whose income from all sources including pension (inclusive of temporary increase in pension) does not exceed Rs. 500 p.m. may be deemed to be "wholly dependent" upon the Government employee.

(27)   "Fee" means a recurring or non-recurring payment to a Government employee from a source other than the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory, whether made directly to the Government employee or indirectly through the intermediary of Government, but does not include -

(i)       unearned income such as income from property, dividends, and interest on securities; and

(ii)      income from literary, cultural, or artistic, scientific or technological efforts if such efforts are not aided by the knowledge acquired by the Government employee in the course of his service.

Note 1 : The above definition is not applicable to the fees payable from the Consolidated Fund under the Gujarat Law Officers (Appointment and Condition of Services) Rules, 1965.

Note 2 : When a Government Department undertakes the work for a nonGovernment organisation and, in its turn, assign the work to its official, suited for the purpose, the payment therefore is made to the Department in the first instance and forms a part of the revenue of Government. The subsequent payments to the official concerned are, therefore, payments from the Consolidated Funds of Government and should accordingly be classed as honorarium.

(28)   "First Appointment" means the appointment of a person who is not holding any appointment under Government, even though he may have previously held such an appointment.

(29)   "Flat Rate Rent" means a monthly rate of flat rate rent to be recovered from a Government employee for the authorised occupation of Government residential accommodation. The rates for the same shall be as laid down in rule-18 the Gujarat Civil Services (Occupation of Government Residential Accommodation) Rules, 2002 as amended from time to time.

(30)   "Foreign Service" means service in which a Government employee receives his pay with the sanction of Government from any source other than the Consolidated Fund of India or of a State, or of a Union Territory.

(31)   "Form" means a form appended to these rules.

(32)   "Gazetted Government employee" is one who is a member of an All India Service or State Service or a person appointed in accordance with the terms of a contract or agreement and whose appointment is gazetted by Government. Members of the Subordinate Civil Services, whose appointments are Gazetted by Heads of Departments and who are Non-gazetted Government employees. Notifications investing Government employees with powers under different Acts, in order that the Courts may take judicial cognisance of them, do not constitute the persons invested with such powers as Gazetted Government employees within the meaning of this sub rule.

Provided that in respect of any category of Government employees in whose case the conditions of this clause have not been fulfilled, Government may by order treat them as Gazetted Government employees for the purposes stated in the said order.

Exception : Officers whose appointments to Class II services or posts are made by the Heads of Departments or Heads of Offices subordinate to them and are not published in the Gazette should be treated as Gazetted Government employees.

(33)   "Government" unless the context otherwise requires in respect of anything done or to be done after the commencement of the Constitution, shall mean the Government of Gujarat.

(34)   "Head of Departments" this term includes the officers from Appendix-II who have been declared as such or any others officers whom Government may from time to time declare to be Heads of Departments.

(35)   "Head of Office" means a Gazetted officer declared as such by Government and includes such other authority or person whom the competent authority may by order, specify as Head of Office.

(36)   "Head-Quarters" means the station which has been or may be declared to be the headquarters of a Government employee by the appointing authority or a competent authority, or in the absence of such declaration the station where the records of his office are generally kept.

(37)   "Holiday" means -

(a)      a holiday declared or notified under Negotiable Instruments Act, 1881; and

(b)      in relation to any particular office, a day on which such office is ordered by or otherwise, to be closed for the transaction of Government business without reserve or qualification.

(38)   "Honorarium" means a recurring or non-recurring payment sanctioned to a Government employee from the Consolidated Fund of India or the Consolidated Fund of the State or of a Union Territory as remuneration for special work of an occasional character.

(39)   "House Rent Allowance" means a monthly allowance towards defraying house rent granted to a Government employee in locations where such rents are high or granted in lieu of free residential accommodation.

(40)   "Joining Time" means the time allowed to a Government employee to join a new post or to travel to or from a station to which he is posted.

(41)   "Leave" means permission to remain absent from duty granted by a competent authority under the Gujarat Civil Services (Leave) Rules, 2002.

(42)   "Leave Salary" means the monthly amount paid by Government to a Government employee on leave.

(43)   "Lien" means the title of a Government employee to hold substantively, either immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively.

(44)   "Local Allowance" is an allowance granted on account of the expensiveness or unhealthiness of an area. It is admissible to Government employees who have their headquarters within the area for which it is sanctioned and not to Government employees merely travelling in that area.

(45)   "Medical Authority" means Civil Surgeon/Superintendent of Civil Hospital or as the case may be the Medical Board.

(46)   "Medical Board" means a board constituted under Rule 13 of Gujarat Civil Services (General Condition of Services) Rules, 2002.

(47)   "Mileage Allowance" means an allowance calculated on the distance travelled and given to a Government employee to meet the cost of a particular journey. It can be drawn in the form of rail fare, bus or road mileage of the journey performed by road.

(48)   "Ministerial employee" means a Government employee of Class III services, whose duties are entirely clerical and any other class of employees specially declared as such by Government.

(49)   "Minor" means a person who has not completed the age of eighteen years.

(50)   "Month" means a calendar month. In calculating a period expressed in terms of months and days complete calendar months, irrespective of the number of days in each, should first be calculated and thereafter the odd number of days should be calculated subsequently.

Instruction : Calculations of period expressed in terms of months and days shall be made as under:-

(a)      To calculate 3 months and 20 days on and from the 25th January, the following method should be adopted:-

(b)      The period commencing on 30th January, and ending with 2nd March should be deemed as 1 month and 4 days as indicated below:-

(51)   "Non-Official Member" means any person other than a Government employee who is required to attend a meeting or conference of a Commission of Inquiry or of a Board or of a Corporation or Committee or is required to perform any public duties in an honorary capacity.

(52)   "Officiate" means Government employee who officiates in a post when he performs the duties of a post on which another person holds a lien. A competent authority, may if it thinks fit, appoint a Government employee to officiate in a vacant post on which no other Government employee holds a lien.

(53)   "Pay" means the basic pay in the revised scales of pay prescribed under the Gujarat Civil Services (Revision of Pay) Rules, 1998 and includes stagnation increments.

(54)   "Permanent Travelling Allowance" means a monthly travelling allowance granted by Government to a Government employee whose duties require him to travel extensively. Such an allowances is granted in lieu of all other forms of travelling allowance for journeys within the Government employee's sphere of duty and is drawn all the year round whether the Government employee is absent from his headquarters or not.

(55)   "Pension" means any class of service pension including compensation pension referred to in rule 44 of Gujarat Civil Services (Pension) Rules, 2002 and gratuity but does not include temporary increase/dearness relief, granted by Government to a pensioner as compensation for higher cost of living.

(56)   "Pensionable Pay" means the average pay earned by a Government employee during the last ten months service as per provisions contained in rule 43 of the Gujarat Civil Service (Pension) Rules, 2002.

(57)   "Pensioner" means a retired Government employee who has been granted pension.

(58)   "Pension Payment Office" means an office declared as such for making payment to the pensioners and includes treasury and sub-treasuries.

(59)   "Pension Payment Order" means an order in a form approved by Government for sanctioning the payment of pension, to be issued by the Director of Pension and Provident Fund.

(60)   "Pension Sanctioning Authority" means a competent authority of the Government to whom the powers to sanction pension have been delegated.

(61)   "Permanent Post" means a post carrying a definite rate of pay sanctioned without limit of time.

(62)   "Pay and Accounts Officer" means the officer entrusted with pay and accounts functions of State transactions arising in Ahmedabad and Gandhinagar.

(63)   "Personal Pay" means additional pay granted to a Government employee-

(a)      to save him from a loss of substantive pay in respect of a permanent post other than a tenure post due to a revision of pay or due to any reduction of such substantive pay otherwise than as a disciplinary measure; or

(b)      in exceptional circumstances, on other personal considerations.

(64)   "Presumptive Pay" of a post, when used with reference to any particular Government employee, means the pay to which he would be entitled if he held the post substantively and was performing its duties; but it does not include special pay unless the Government employee performs or discharges the work or responsibility, in consideration of which special pay was sanctioned.

(65)   "Probationer" means a Government employee on probation in or against a substantive or temporary vacancy in the cadre of a department.

Note 1 : No person appointed substantively to a permanent post in a cadre is a probationer, unless definite conditions of probation have been attached to his appointment.

Note 2 : A Government employee (other than one who holds substantively a permanent post) appointed on promotion to a temporary post will be treated for all purposes as a temporary Government employee.

Note 3 : The status of a probationer is to be considered as having the attributes of a substantive status except where the rules prescribe otherwise.

(66)   "Public Account of India or the State" means all other public moneys excluding those referred to in sub-rule (14) received by or on behalf of the Government of India or the Government of a State.

(67)   "Public Conveyance" means a train, steamer, aircraft or other conveyance which plies regularly, though not necessarily at fixed intervals, a regular course for the conveyance of passengers and does not deviate therefrom according to the wishes of the passengers.

(68)   "Qualifying Service" means service rendered while on duty or otherwise which may be taken in account for the purpose of pension and gratuity admissible under Gujarat Civil Services (Pension) Rules.

(69)   "Registered Medical Practitioner" means a medical practitioner registered under the Gujarat Medical Council Act, 1967 or the Gujarat Medical Practitioner Act, 1963 or a practitioner registered and entered in the Register maintained under the Gujarat Homeopathic Act, 1963 (Guj. XXXVI of 1963) or any other law corresponding thereto and in force in the State of Gujarat, or the respective Medical Registration Acts, of the several State Governments.

(70)   "Rent" means a monthly rate of compensation made by Government employee or a person not in Government service to Government for the use and possession of residential accommodation allotted or leased to him.

(71)   "Residential Accommodation" means building, bungalow, quarter or flat owned by Government and allotted for residential purpose. It also includes building, bungalow, quarter or flat hired, requisitioned or leased by the Government for the said purpose.

Note : Requisitioned means requisitioned under the provisions of Requisition and Acquisition of Immovable Property Act, 1952.

(72)   "Selection Grade" means a scale of pay which has been sanctioned specifically as a selection grade by an order of Government.

(73)   "Service Book" means service book and includes service roll, if any.

(74)   "Special Pay" means an addition, of the nature of pay, to the emoluments of a post or of a Government employee granted in consideration of-

(a)      the specially arduous nature of duties,

(b)      a specific addition to the work or responsibility.

(75)   "Sphere of duty" means the area to which the duties of a Government employee are confined.

(76)   "Standard Rent" means a monthly rate of standard rent for different types of residential accommodation as laid down in rule-18 of the Gujarat Civil Services (Occupation of Government Residential Accommodation) Rule, 2002.

(77)   "Subsistence Allowance" means a monthly allowance granted to a Government employee who is not in receipt of pay or leave salary.

(78)   "Substantive Pay" means the pay other than special pay, personal pay which a Government employee is entitled on account of a post to which he has been appointed substantively or by reasons of his substantive position in a cadre.

(79)   "Superintending Engineer" means an officer appointed as such and to whom the powers are delegated by Government under the relevant rules.

(80)   "Superior Service" means any kind of service not being Class IV service.

(81)   "Table" means a table appended to these rules.

(82)   "Temporary Post" means a post carrying a definite rate of pay sanctioned for a limited time.

Note : Substantive appointments to temporary posts should be made in a limited number of cases only, as for example, when posts are, to all intents and purposes, quasi-permanent or when they have been sanctioned for a period of not less than, or there is reason to believe that they will not terminate within a period of, three years. In all other cases, appointments on temporary posts should be made in an officiating capacity only.

(83)   "Temporary Transfer" means a transfer to duty in another station which is expressed to be for a period not exceeding one hundred twenty days. For the purpose of these rules it includes deputation. Subject to the limit of four months, the title to compensatory allowance, if the temporary duty is subsequently extended beyond four months in all, will remain intact up to the date of the orders of the extension.

(84)   "Tenure Post" means a permanent post which an individual Government employee may not hold, for more than a limited period without re-appointment.

Note : The following posts have been declared by Government to be tenure posts:-

Period of Tenure

(Years)

Provided that where a tenure post of an Under Secretary or a Deputy Secretary is held by a Secretariat Officer, such post shall, so long it is held by such officer, cease to be a tenure post.

(85)   "Time-Scale Pay" means pay which, subject to any conditions prescribed in these rules, rises by periodical increments from a minimum to a maximum.

Note-1 : Time scales are said to be identical if the minimum, the maximum, the period of increment and the rate of increment of the time-scales are identical.

Note-2 : A post is said to be on the same time-scale as an another post on a time scale if the two time-scales are identical and the posts fall within a cadre or a class in a cadre, such cadre or class having been created in order to fill all posts involving duties of approximately the same character or degree of responsibility in a service or establishment or group of establishments; so that the pay of the holder of any particular post is determined by his position in the cadre or class and not by the fact that he holds that post.

(86)   "Transfer" means the movement of a Government employee from one headquarter station in which he is employed to another such station, either-

(a)      to take up the duties of a new post; or

(b)      in consequence of a change of his headquarters.

(87)   "Transit Time" means the actual time required to reach the destination of tour from the headquarters or from one outstation to another outstation by the ordinary mode of travel.

(88)   "Traveling Allowance" means an allowance granted to a Government employee to cover the expenses which he incurs in traveling in the interest of the public service. It includes allowance granted for the maintenance of conveyance.

(89)   "Treasury" means the treasury established at the headquarters of a district and includes a sub-treasury/Pay and Accounts office.

CHAPTER – III GOVERNMENT RESIDENTIAL ACCOMMODATION

Rule - 10. Residential accommodation.

Residential accommodation for Government employees may be built, or purchased by the Government -

(i)       when it is the recognised duty or established custom of the Government to do so,

(ii)      when it is necessary, on public grounds, for the Government employee to reside in, or close to, locality in which his duties are performed,

(iii)     when it is necessary to provide residential accommodation in parts of the country where no civil station or cantonment exists, and where, therefore, a lengthened term of residence would render camp accommodation unable, e.g., building along lines of roads or canals, for the housing of Government employees employed on their construction or maintenance, and

(iv)    when it is shown to the satisfaction of Government that suitable residential accommodation is not available in the vicinity for Government employees, whose appointments are permanent in respect of locality, or is available only under circumstances which would be likely to place such Government employees in an undesirable position in relation to house proprietors.

Rule - 11. Leasing, hiring or requisitioning of building for residential accommodation.

When such a course is more convenient or economical, provision may be made for the residential accommodation of Government employee by leasing, hiring or requisitioning buildings, with previous sanction of Government, instead of by constructing or purchasing them.

Rule - 12. Occupant of the residential accommodation.

The incumbent of a post, for whom a residential accommodation has been made available, shall be considered to be in occupation of the same during the period of his incumbency of the post.

Rule - 13. Sharing of residential accommodation with other Government employee.

A Government employee shall not be considered to be in occupation of a residential accommodation, only by reason of the fact that he shares it with a Government employee, who is in occupation thereof.

Rule - 14. Occupation of residential accommodation while absent on tour.

A Government employee shall be considered to be in occupation of his residential accommodation when he is absent on tour or where he is permitted, but not required, by the Government to reside.

Rule - 15. Part occupation of residential accommodation as an office.

When a building is occupied partly as residential accommodation, and partly as an office for which no separate rent is paid, the rent leviable for the portion occupied as a residential accommodation shall be separately calculated by the Executive Engineer.

Rule - 16. Classification of residential accommodation.

All Government residential accommodation shall be classified into the following types depending on its living area/floor area as shown against each and henceforth all residential bungalows/quarters shall be constructed according to types mentioned below:-

Rule - 17. Classification of existing buildings in various types.

The existing residential accommodation shall be re-classified in the said types and for that purpose the living area shall be calculated as under:

Calculation of Living Area

Main Building

Out Houses

Rule - 18. Different rates of rents.

The rates of flat rate rent, standard rent, economic rent and market rent for different types of residential accommodation classified on the basis of floor area/living area shall be as under :

Note 1 : For independent bungalow type of residential accommodation in Districts (except in the city of Ahmedabad and Gandhinagar) which are assigned to the holders of specific posts, the flat rate of rent shall be Rs. 150 per month.

Note 2 : Separate rents for attached servants quarters and garages in charge of the occupants of the residential accommodation shall not be recoverable.

Note 3 : The flat rate rent for the broken period of a month shall be calculated at the daily rate of 1/30th of the rent.

Rule - 19. Entitlement of residential accommodation to a Government employee.

The entitlement of the type of residential accommodation to a Government servant shall be as under:-

For the employees at places other than Gandhi Nagar

For the employees at Gandhi Nagar

Rule - 20. Rate of rent to be recovered from a Government employee.

When Government provides a Government employee residential accommodation, he shall pay flat rate of rent for the type of accommodation occupied by him.

Note : When a Government employee on leave is supplied with a residential accommodation owned, hired, requisitioned or leased by the Government he shall be charged at flat rate rent.

Rule - 21. Recovery of rent from a Government employee for higher type of accommodation.

When a Government employee is allotted with a residential accommodation of a type higher than that for which he is entitled as per rules, he shall be charged the full standard rent of the higher type of residential accommodation.

Rule - 22. Powers of Government to recover rent at higher rate.

Nothing in these rules shall prevent Government from recovering rent, in excess of flat rate rent from a Government employee -

(i)       who is not required or permitted to reside on duty at the station at which the residential accommodation is allotted to him, or

(ii)      who, at his own request, is allotted with residential accommodation which exceeds that which is appropriate to the status of the post held by him, or

(iii)     who is permitted to sub-let the residential accommodation allotted to him, or who sub-lets without permission the residential accommodation allotted to him, or

(iv)    who does not vacate the residential accommodation after the cancellation of the allotment.

Rule - 23. Rent free accommodation and reduction in rent.

In special circumstances, for reasons which should be recorded, the Government may-

(a)      by general or special order, grant or withdraw rent free accommodation to any Government employee or class of Government employees, or

(b)      by special order, waive or reduce the amount of rent to be recovered from any Government employee.

Note 1 :Appendix-III contains a list of Government employees who have been granted rent-free accommodation.

Note 2 :Government employees who enjoy the concession of rent free accommodation or reduced rent can enjoy the concession during first four months of leave provided that-

(i)       no extra expenditure is incurred over the housing of their substitutes, and

(ii)      they are likely to rejoin the same post from which they proceeded on leave.

Note 3 : When a Government employee who enjoys the concession of rent-free or reduced rent residential accommodation goes on leave, an undertaking in writing should be taken from him to the effect that he will pay the flat rate rent or the rent foregone by Government in respect of residential accommodation which he occupies free or at reduced rate during the period of leave, if he resigns or retires voluntarily from the Government service at the end of the leave or of an extension of it. This undertaking should be included in the application for leave.

Explanation : The question whether the Government employee concerned should be called upon to pay the flat rate rent or the rent foregone by the Government in respect of residential accommodation which he occupied free or at reduced rent during the period of leave, should be decided by the authority sanctioning the leave on the merits of the case i.e., if the retirement is voluntary, refund should be enforced, but if the retirement is compulsorily by reason of ill-health incapacitating him for further service, the recovery of rent may be forgone.

Note 4 : Policemen occupying rent-free residential accommodation in Police lines or living in residential accommodation, the rent of which is paid by the Government may be permitted to occupy them during the period of suspension just as they are on duty.

Note 5 : Government employees other than those referred to in Note - 4 who enjoy the concession of rent free or reduced rent residential accommodation prior to being placed under suspension may, at the discretion of the suspending authority be allowed to enjoy the concession subject to such conditions as the authority suspending the Government employee may direct.

Rule - 24. Rates of house rent allowance in lieu of rent free accommodation.

Government employee who is entitled to rent free accommodation under Note-1 below rule-23 but whom rent free accommodation is not provided, and who stay in their own houses or in rented houses shall be granted -

(1)     House Rent Allowance as admissible under the Gujarat Civil Services (Additions to Pay) Rules, 2002 for the period during which they are not provided with such accommodation by the Government admissible to the corresponding employees at classified and non-classified places, and

(2)     amount of rent chargeable for the Government accommodation from employees similarly placed but not entitled to rent free residential accommodation. The total amount shall however be limited to the rent if any actually paid by such employee.

Rule - 25. Remissions of rent.

Remissions of rent due for the occupation of a residential accommodation shall be sanctioned when the residential accommodation is rendered uninhabitable by reason of extensive repairs being in progress or for any other cause, provided that if the occupier finds that the residential accommodation has become inhabitable, he shall at once report the matter to the Executive Engineer in charge of the building, who will immediately inspect it and forward a report on the subject to the Superintending Engineer. The latter will take such action in the matter as he considers necessary for granting partial or total remission in the case of employees of Class-III State Services, and in the case of officers of the All India Services, report his recommendation to the Government, who will then decide whether partial or total remission of rent is to be allowed.

Note : Inconvenience caused by petty or ordinary annual repairs shall be insufficient to warrant remission of rent which may be granted only when extensive structural repairs justifying in the opinion of the Executive Engineer the vacation of the building, are carried out.

Rule - 26. Rent for extra services.

(1)     If a residential accommodation is allotted with services other than water supply, sanitary or electric installations and fittings, such as tennis courts or gardens maintained at the cost of Government, the rent leviable there for shall be as under:-

(i)       The rent for furniture, if supplied, should be calculated at the rate of 14 per cent of the capital cost if the furniture supplied is of a substantial or heavy type.

(ii)      The rent for furniture of a fragile or perishable nature should be similarly calculated at 22 per cent of the capital cost.

(iii)     Where a refrigerator or an electric water-heater has been installed under the special orders of the Government at the Government cost, it should be treated as an article of furniture and rent therefor should be charged at 20 per cent of its capital cost.

(iv)    The rent for providing tennis court and its maintenance shall be as laid down by the Roads and Buildings Department after taking into consideration:-

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

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

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

(4)     Provision and erection of fixtures and apparatus for hanging screens or nets.

(5)     Maintenance of the foregoing items.

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

(v)    The rent for providing garden and its maintenance shall be as laid down by the Roads and Buildings Department after taking into consideration:

(1)      The cost of planting trees and plants,

(2)      Cost of making garden and including fresh soil etc.,

(3)      Maintenance of garden.

Note : The rent shall be calculated as a monthly rent.

(2)     The provisions contained in sub-rule (1) shall also apply to the occupation of the Government residential accommodation by persons other than Government employees.

Rule - 27. Leasing of residential accommodation to persons other than Government employees.

Government residential accommodation not immediately required for the Government use may be let to persons other than employees of the Government. The residential accommodation thus let should generally be let from month to month but a lease may be given with the sanction of the Superintending Engineer of the Roads and Buildings Department. A clause should be added in the agreement with such tenants, when necessary, to enable the Executive Engineer to terminate the lease at short notice in case the building is required by the Government. Residential accommodation leased to persons mentioned above shall not be altered or enlarged at Government expense to suit the tenants; and persons occupying such residential accommodation shall be prohibited from making any alterations even at their own expense, unless the previous approval of Government in Roads and Buildings Department has been obtained in writing.

Rule - 28. Rules regarding leasing of residential accommodation by Government.

The rules regarding occupation of Government residential accommodation by persons other than Government servants shall be as laid down by Government in Roads & Building Department from time to time.

Rule - 29. Conditions for leasing residential accommodation by Government.

When a residential accommodation belonging to the Government is let to persons other than servants of the Government for residential or business purposes the following conditions shall apply:-

(i)       the full rent shall be recovered monthly in advance at the rate falling in the locality for similar accommodation used for similar purposes provided that such rent shall not be less than the economic rent prescribed under Rule 18. If in any case where a rigid enforcement of the condition regarding the recovery of rent in advance is likely to result in the residential accommodation falling; or continuing to be vacant with consequent loss in revenue; the Executive Engineer of the Division incharge of the said residential accommodation may relax the condition and allow payment of the rent at the end of each month;

(ii)      the question of taking a deposit and fixing the amount thereof shall be left to the discretion of the Executive Engineer incharge of the residential accommodation. The deposit may be in the form of promissory notes or postal cash certificates of a sum of money at the tenant's option.

(iii)     the tenant shall be required to execute a tenancy agreement or lease agreement with the Governor of Gujarat in the forms prescribed by Roads & Buildings Department in this regard. It shall be expressly provided in this instrument that arrears of rent due to Government be recoverable from the leasee as an arrears of land revenue without prejudice to any other remedies which may be open to Government and that the lease shall pay all costs and expenses which may be incurred in the preparation and execution of the lease including the stamp duty and registration charges if registration is necessary. The amount of this duty shall be calculated in accordance with the provisions of Bombay Stamp Act. 1958, in its adoption to the State of Gujarat.

Rule - 30. Deputation of Government employees occupying residential accommodation.

When a Government employee in occupation of Government residential accommodation is deputed to-

(i)       Central Government Department,

(ii)      to statutory bodies constituted under the State or Central Legislation except Panchayats, and

(iii)     to Limited Companies which are State or Union enterprises;

- economic rent prescribed under rule 18 shall be charged.

CHAPTER – IV REPEAL AND SAVINGS

Rule - 31. Repeal and Saving.

The Bombay Civil Services Rules, 1959 (as adapted by Government of Gujarat) so far as they relate to Occupation of Residential Accommodation are hereby repealed:

Provided that such repeal shall not affect the previous operation of the rules so repealed or anything done or any action taken there under.

APPENDIX – I

[See Rule - 7 & 8]

Authorities to whom powers under the Gujarat Civil Services (Occupation of Residential Accommodation) Rules, 2002 have been delegated

APPENDIX – II

[See Rule - 9(34)]

List of Officers who are deemed as Heads of Department for the purpose of various sets of the Gujarat Civil Service Rules, 2002

1.0 AGRICULTURE, CO-OPERATION & RURAL DEVELOPMENT DEPARTRMENT :

1.1 Secretary to Government.

1.2 Director of Agriculture.

1.3 Director of Animal Husbandry.

1.4 Director of Suger

1.5 Director of Co-operative Societies.

1.6 President, Gujarat State Co-operative Tribunal.

1.7 Director of Horticulture.

2.0 EDUCATION DEPARTMENT:

2.1 Secretary (Education) to Government.

2.2 Secretary (Technical and Higher Education)

2.3 Commissioner of Higher Education

2.4 Commissioner of Mid-day-Meals and Schools)

2.5 Director of Primary Education

2.6 Director of Technical Education

2.7 Director of N.C.C.

2.8 Director of State Project Gujarat Primary Education Council

2.9 Director of Gujarat Council Education Research & Training

2.10 Director of Literacy and Continuing Education

2.11 Chairman, Gujarat Secondary Education on Board

2.12 Gujarat Primary Education Tribunal, Ahmedabad

2.13 Director Gujarat Education Technology Bhavan

2.14 Chairman, Gujarat State Examination Board

2.15 Director of State Project

2.16 Chairman, Technical Examination Board

3.0 ENERGY AND PETROCHEMICAL DEPARTMENT:

3.1 Secretary to Government.

3.2 Chief Electrical Inspector and Collector of Electricity Duty.

3.3 Secretarry, Gujarat Electricity Regulatory Commission.

3.4 Director of Petrolium.

4.0 FINANCE DEPARTMENT:

4.1 Secretary to Government.

4.2 Director of Accounts and Treasuries

4.3 Commissioner of Sales Tax.

4.4 President, Gujarat Sales Tax Tribunal

4.5 Director of Insurance.

4.6 Director of Pension and Provident Fund.

5.0 FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTRMENT :

5.1 Secretary to Government.

5.2 Director of Civil Supplies.

5.3 Director of Food.

5.4 Food and Civil Supplies Controller.

5.5 The Registrar, Consumer Disputes Redressal Commission.

5.6 Controller of Weights & Measures.

6.0 FOREST AND ENVIRONMENT DEPARTMENT:

6.1 Secretary to Government.

6.2 Principal Chief Conservator of Forests.

6.3 Conservator of Forests.

7.0 GENERAL ADMINISTRATION DEPARTMENT:

7.1 Secretary to Government.

7.2 Secretary to Governor.

7.3 Comptroller to the Governor

7.4 Commissioner of Inquiries and Member Secretary, Concurrent Vigilance Cell

7.5 Director, Directorate of Economics & Statistics

7.6 Director of Evaluation

7.7 Secretary, Gujarat Public Service Coimmission

7.8 Secretary, Subordinate Staff Selection Board

7.9 Chief Editor, Gujarat District Gazetteers

7.10 Director of Languages

7.11 Commissioner of Training and Director, Sardar Patel Institute of Public Administration

7.12 Resident Commissioner, New Delhi

7.13 Secretary, Gujarat Civil Services Tribunal

7.14 Registrar, Office of Hon'ble Lokayukta

7.15 Secretary, State Election Commission

8.0 HELTH AND FAMILY WELFARE DEPARTMENT:

8.1 Secretary to Government.

8.2 Commissioner of Health, Medical and Medical Education

8.3 Additional Director (Health) Office of the Commissioner of the Health, Medical Services and Medical Education

8.4 Additional Director (Medical) Office of the Commissioner of Health, Medical Services and Medical Education

8.5 Additional Director (Medical Education) Office of the Commissioner of Health, Medical Services and Medical Education

8.6 Director of Medical Services (E.S.I. Scheme)

8.7 Director of Indian System of Medicine and Homeopathy

8.8 Comissioner of Food & Drugs Control Administration

8.9 Director of Stock Holding Central Medical Stores Organization

9.0 HOME DEPARTMENT:

9.1 Secretary to Government.

9.2 Director General and Inspector General of Police

9.3 Cammandant General Home Gards

9.4 Additional Inspector General of Police, Police Computer Center

9.5 Inspector General of Prisons.

9.6 Director of Transport

9.7 Secretary, Gujarat Vigilance Commission

9.8 Director of Sainik Welfare

9.9 Director of civil Defence

9.10 Director of Forensic Science Laboratory

9.11 Additional Director General of Police Public Prosecution,

9.12 Commissioner and Additional Director General of Police, Prohibition & Excise

9.13 Director General of Police & Director, Anti-Corruption Bureau

10.0 INDUSTRIES AND MINES DEPARTMENT

10.1 Secretary to Government.

10.2 Industries Commissioner

10.3 Commissioner of Cottage Industries

10.4 Commissioner of Geology and Mining

10.5 Director of Government Printing & Stationery

10.6 Commissioner of Tourism

10.7 Commissioner of Payment

10.8 Commissioner of Trade & Commerce

11.0 INFORMATION AND BROADCASTING DEPARTMENT

11.1 Secretary to Government

11.2 Director of Information

11.3 Commissioner of Entertainment Tax

12.0 NARMADA AND WATER RESOURCES DEPARTMENT :

12.1 Secretary to Government.

12.2 Chief Engineers

12.3 Superintending Engineers of Circles

12.4 Superintendign Engineers of Water Resources Investigation Circles

12.5 Area Development Commissioner

12.6 Additional Collectors (Irrigation)

12.7 Director, Gujarat Engineering Research Institute

12.8 Chief Controller of Accounts (Narmada Project)

13.0 LABOUR AND EMPLOYMENT DEPARTMENT :

13.1 Secretary to Government.

13.2 Commissioner of Labour

13.3 Commissioner of Rural Labour

13.4 Director of Employment and Training

13.5 Registrar, Industrial Court and Wage Boards

13.6 Registrar of Labour Court

14.0 LEGAL DEPARTMENT :

14.1 Secretary to Government.

14.2 Advocate General

14.3 Charity Commissioner

14.4 Chief Judge of Court of Small Causes

14.5 Chief Magistrate for the City of Ahmedabad

14.6 District and Session Judges

14.7 Official Trustee and Administrator General

14.8 Principal Judge, City Civil and Sessions Court

14.9 Registrar, Gujarat High Court

14.10 Member Secretary, Gujarat State Legal Services Authority.

14.11 Principal Judge, Family Courtp

14.12 Inspecting Officer (Court Fees) and Ex-Officio Chief Inspector (Court Fees)

14.13 Registrar, Gujarat Public Works Contract Disputes Arbitration Tribunal.

15.0 PANCHAYAT RURAL HOUSING AND RURAL DEVLOPMENT DEPARTMENT:

15.1 Secretary to Government.

15.2 Development Commissioner

15.3 The Gram Vikas Commissioner

15.4 The Gujarat Panchayat Service Selection Board

15.5 Director of State Institute of Rural Development and Panchayati Raj

15.6 Commissioner of Rural Development

16.0 LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT :

16.1 Secretary to Government.

17.0 PORTS AND FISHERIES DEPARTMENT :

17.1 Secretary to Government.

17.2 Commissioner of Fisheries

18.0 REVENUE DEPARTMENT :

18.1 Secretary to Government.

18.2 District Collectors

18.3 Commissioner of Land Reforms

18.4 President, Gujarat Revenue Tribunal

18.5 Director of Relief

18.6 Secretary (Appeals)

18.7 Settlement Commissioner and Director of Land Records

18.8 Superintendent of Stamps

18.9 Inspector General of Registration

19.0 ROADS AND BUILDINGS DEPARTMENT :

19.1 Secretary to Government

19.2 Chief Engineer

19.3 Chief Architectural and Town Planner

19.4 (C.E. & S.P.) Director Staff Training College

19.5 Controller of Accommodation

19.6 Director of Parks and Gardens

19.7 Superintending Engineers of Circles

20.0 SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT :

20.1 Secretary to Government.

20.2 Director of Social Defence

20.3 Director of Scheduled Caste Welfare

20.4 Director of Devloping Caste welfer

20.5 Commissioner of Disability

21.0 URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT :

21.1 Secretary to Government.

21.2 Chief Town Planner

21.3 Director of Municipalities

22.0 SPORTS, YOUTH AND CULTURAL ACTIVITIES DEPARTMENT :

22.1 Secretary to Government.

22.2 Commissioner of Youth Services and Cultural Activities

22.3 Director of Museums

22.4 Director of Archaeology

22.5 Director of Archieves

22.6 Director of Library

22.7 Director General, Sports Authority of Gujarat.

23.0 WOMEN & CHILD DEVELOPMENT DEPARTMENT :

23.1 Secretary to Government.

23.2 Commissioner Women & Child Development

24.0 SCIENCE AND TECHNOLOGY DEPARATMENT :

24.1 Secretary to Government.

25.0 GUJARAT LEGISLATURE SECRETARIATE :

25.1 Secretary to Gujarat Legislature Secretariat

APPENDIX – III

(Note 1 below rule-23)

List of posts the holders of which are entitled to Rent Free Residential Accommodation