HARYANA CIVIL SERVICES (ALLOWANCES TO GOVERNMENT EMPLOYEES) RULES, 2016 (AMENDED UPTO 2023)

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules, regulating the terms and conditions for grant of different kinds of allowances to Government employees of the State of Haryana:-

CHAPTER-I

PRELIMINARY

Rule 1. Short title and commencement.

(1)     These rules shall be called the Haryana Civil Services (Allowances to Government Employees) Rules, 2016.

(2)     These rules shall be deemed to have come into force from 19th July, 2016.

Rule 2. Extent of application.

Except as otherwise provided, these rules shall apply to all Government employees but shall not apply to

(i)       members of the All India Services;

(ii)      employees serving in a department under Haryana Government on deputation from Centre or any other State Government or any other source, for a limited duration.

Note 1. The Speaker of the Legislative Assembly has agreed under clause (3) article 187 of the Constitution that until a law is made by the Legislature of the State under clause (2) of article 187 of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of article 187 of the Constitution of India, these rules and amendments thereof, if any, after prior consent of the Speaker, shall apply to the secretarial staff of the Haryana Legislative Assembly.

Note 2. The Chairman, Haryana Public Service Commission, has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Haryana Public Service Commission.

Note 3. If any doubt arises as to whether these rules apply to any person or not, the decision shall lie with the Finance Department.

Rule 3. Special provisions, if any, inconsistent with these rules.

When in the opinion of the competent authority, special provisions inconsistent with these rules are required with reference to any particular post or any conditions of service, that authority may, notwithstanding anything otherwise contained in these rules, and subject to the provisions of clause (2) of article 310 of the Constitution of India, provide in the terms and conditions of appointment of the person appointed to such post for any matter in respect of which in the opinion of that authority special provisions are required to be made.

Provided that where no special provision has been made in respect of any matter in the terms and conditions of appointment, provisions of these rules shall apply.

Rule 4.[Regulation of different allowances by the Finance Department.-

Entitlement to various allowances under these rules shall be regulated as per rules and as per the rates notified by the Finance Department from time to time and payable on the date when the same earned:-
 

Provided that notwithstanding anything contained in these rules and notifications existing on the date of promulgation of these rules prescribing different rates of allowance co-related to basic pay and emoluments of different categories of the post(s) of Government employees, upon subsequent revision of general pay scales, Government employee shall continue to draw the different allowances on the basis of un-revised pay/presumptive basic pay irrespective of grant of revised pay scale retrospectively, till the Finance Department issues a new notification prescribing modified allowance, which shall be applicable from the date as notified therein.
 

Provided further that where a Government employee continuously draws pay under the un-revised pay scale and not opted the revised pay scale or the revised pay scales not made applicable, such employee shall continue to draw the rates of different allowances as per the notification applicable to unrevised pay scales in existence on the day of promulgation of these rules:
 

Provided further that such direct recruits/promotees who joined the Government service as a new entrant or gets promoted to the promotional post during the inter-regnum of date of general revision of pay scales revised retrospectively and promulgation of actual notification of such revised pay rules, irrespective of getting corresponding revised pay scale of the corresponding un-revised pay scale under the revised pay rules, he shall draw the allowances and House rent Allowance on the basis of un-revised basic pay or presumptive basic pay till the Finance Department issues fresh notification modifying the allowances/House Rent Allowance after the revision of general pay scale and such modified allowances shall be payable from the date as fixed by the Finance Department.
 

Provided further that any notification issued by the Finance Department revising allowances after the issuance of notification dated 28.10.2016 pertaining to Haryana Civil Services (Revised Pay) Rules, 2016 shall be deemed to be issued under this rule read with rule 5. Such revised allowances as modified shall be payable from the date mentioned therein irrespective of date of applicability of the revised pay rules.][1]

Rule 5. power to interpret change amend relax.

 The power to interpret, change, amend, relax and removal of doubt of these rules shall lie with the Finance Department.

Note 1. Communications regarding the interpretation and alteration of these rules shall be addressed to the Finance Department through the Administrative Department concerned.

Note 2. Where the Finance Department is satisfied that the operation of any of these rules regulating the conditions of service of Government employees or any class of such Government employees, causes undue hardship in any particular case, it may by order dispense with or 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.

Rule 6. Re-delegation of power.

The Administrative Department/Heads of Departments/appointing authorities competent for any purpose under these rules may re-delegate the powers on their own responsibility and subject to such restrictions as they may like to impose, to the officers working under them at their headquarter offices. Copies of all such orders should invariably be supplied to the Finance Department and the Principal Accountant General, Haryana.

Rule 7. Repeal and saving.

The Rules contained in Punjab Civil Services Rules, Volume I, Part I and II are hereby repealed. Anything done or any action taken under the rules so repealed, shall be deemed to have been done or taken under the corresponding provisions of these rules.

CHAPTER-II DEFINITIONS

Rule 8. Definitions.

(a)      Unless the context otherwise requires;

(1)     "compensatory allowance" means an allowance admissible to a Government employee to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes dearness allowance, travelling allowance, house rent allowance, hill compensatory allowance, etc. but does not include sumptuary allowance;

(2)     "conveyance allowance" means a monthly allowance paid for going to and coming from the place of duty;

(3)     "dearness allowance" means a compensatory allowance which is granted to the Government employee by the competent authority due to inflation in prices;

(4)     "emoluments" for the purpose of

(a)      conveyance allowance to differently abled employees means

(i)       basic pay in pay scale; and

(ii)      any other amount specially classed as emoluments for the purpose by the competent authority.

(b)      dearness allowance means

(i)       basic pay in pay scale;

(ii)      non-practicing allowance admissible to Doctors and Veterinary Surgeons subject to pay plus non-practicing allowance not exceeding 85,000 or as prescribed from time to time by the competent authority;

(iii)     conveyance allowance to differently abled employees; and

(iv)    any other amount specially classed as emoluments for the purpose by the competent authority.

(c)      house rent allowance means

["(i)   basic pay in the pay scale revised from time to time in accordance with respective pay commission; and.][2]

(ii) [***][3]

(iii)     any other amount specially classed as emoluments for the purpose by the competent authority.

(d)      licence fee means

(i)       basic pay in pay scale; and

(ii)      any other amount specially classed as emoluments for the purpose by the competent authority.

(5)     "hill compensatory allowance" means an allowance admissible to a Government employee posted at a place declared as hill station by the competent authority;

(6)     "house rent allowance" means a compensatory allowance admissible to a Government employee in lieu of Government residential accommodation;

(7)     "licence fee" means the amount payable at prescribed rate by Government employee for the residential accommodation allotted to him by the competent authority;

(8)     "local mileage allowance" means an allowance admissible to a Government employee to meet the cost of a local journey performed in public interest within or out of his sphere of duty;

(9)     "market rent" in relation to Government accommodation means the rent as assessed by the competent authority of Public Works Department (Building and Roads), Haryana;

(10)   "non-practicing allowance" is an allowance which is granted to a specific group of Government employees in lieu of private practice.

(11)   "own house" for the purpose of house rent allowance means the house in the name of a Government employee himself/herself or his/her spouse, son, daughter, parents, grand-parents or parents-in-law;

(12)   "rent free accommodation" means the accommodation allotted to a Government employee for which no licence fee is payable by him;

(13)   "road mileage allowance" means a kind of travelling allowance admissible to a Government employee to meet the cost of journey performed by his own vehicle, including taxi and autorickshaw, subject to entitlement, while on tour in public interest from one station to another.

(14)   "standard rent" means the rent which is calculated and prescribed by competent authority on the basis of capital cost of a residence owned by Government or leased residence meant for Government employees.

(15)   "uniform allowance" is an allowance which is granted to Government employees in lieu of admissible livery items;

(b)      The terms not defined in this chapter but defined in the Haryana Civil Services (General) Rules, shall have the same meaning for the purpose of these rules.

CHAPTER-III VARIOUS ALLOWANCES AND PRINCIPLES THEREOF

Rule 9. General principles for grant of allowances.

Unless otherwise expressly provided, the allowances shall be regulated keeping in view the following principles:-

(1)     The grant of an allowance shall be so regulated that it shall not be on the whole a source of profit to the recipient.

(2)     Allowance (s) attached to a post shall

(i)       be drawn by the Government employee actually performing the duties of that post and shall not be drawn by anyone else; and

(ii)      cease to be drawn by a Government employee as soon as he relinquishes the charge of such post.

Note 1.- The grant of travelling allowance shall be regulated by the Haryana Civil Services (Travelling Allowance) Rules, 2016.

Note 2.- Compensatory allowances to the personal staff of the Governor (including the Military Officers, if any), are regulated by the Government of India (Governors' Allowances and Privileges) Order, 1950.

Rule 10. Entitlement of allowances during leave.

(1)     During the period of leave of any kind, except extraordinary leave, a Government employee shall be entitled to

(a)      House rent allowance,

(b)      Hill compensatory allowance, if any,

(c)      Fixed medical allowance, if any; and

(d)      Children education allowance, if any.

(2)     During extraordinary leave, a Government employee shall be entitled to

(a)      House rent allowance for first 180 days;

(b)      Hill compensatory allowance, if any, for first 180 days;

(c)      Fixed medical allowance, if any; and

(d)      Children education allowance, if any.

The rate of above allowances shall be equal to the rate admissible to a Government employee at the station where he was working before proceeding on leave, irrespective of the fact, during the period of leave, he or any member of his family remained at the headquarters or not.

(3)     In addition to above, the following allowances shall also be admissible during leave at full rate if leave salary during leave is equal to full pay and at half rate, or on half basic pay, if leave salary during leave is equal to half pay:-

(a)      Non-practising allowance to doctors;

(b)      Cycle allowance to Group D employee;

(c)      Special allowance to Sweeper;

(d)      Special allowance to Group D employees holding dual charge;

(e)      Deputation allowance, if any,

"[Note.- No conveyance allowance shall be admissible during leave of any kind (except casual leave) availed during a month and during vacation except for the days when a Government employee during vacation or winter holidays is engaged on duty or to participate in training, seminar or in any other activity in public interest"][4].

Rule 11. Grant of allowances during joining time.

During joining time a Government employee shall be granted house rent allowance and other allowances, except conveyance allowance, at the rate admissible to him at the old or new station, whichever is less.

Rule 12. Grant of allowances during temporary transfer.

During temporary transfer, the house rent allowance and other allowances shall be granted at the same rate as admissible to a Government employee at the headquarters from where his pay and allowances are being drawn.

Rule 13. Entitlement of dearness allowance.

A Government employee drawing pay in any pay scale shall be entitled to dearness allowance at such rate and subject to such conditions as the Government may specify from time to time.

Note. The rate of dearness allowance remained in existence from 01.01.1986 onwards are at Annexure 'A' of these rules.

Rule 14. Grant of house rent allowance.

(1)     Save as otherwise provided in these rules, a Government employee shall be granted house rent allowance at the rate prescribed from time to time by the competent authority, provided it shall be certified by him, in the prescribed form, once in a calendar year or at the time of change of headquarters that he is not residing in Government accommodation or rent free accommodation allotted to him or any member of his family by any Department or Organization under Haryana Government or any other Government at a place upto twenty kilometers outer limit of the municipal limits of the place of posting.

(2)     The house rent allowance of a Government employee shall be determined as per the rate of

(a)      place of posting if he is residing upto twenty kilometers outer limit of the municipal limits of the city of place of posting; or

(b)      place of posting or actual residence, whichever is less, if he is residing at a place which is at a distance more than twenty kilometers outer limit of the municipal limits of place of posting;

irrespective of the fact that the actual residence is in the territory of the neighbouring State.

Note. A Government employee residing in rented house shall be entitled to house rent allowance upto the amount of actual rent paid or as per rate admissible under these rules, whichever is less.

"[(3) The rates of House Rent Allowance shall be as per notification issued by the Finance Department from time to time except for the period from the 1st January, 2016 to the 31st July, 2019, which shall be regulated as under:-
 

(i)       The respective amount of House rent Allowance drawn by the Government employees for the period from 1st January, 2016 to 27th October, 2016 shall remain the same as already drawn under existing (pre-revised) pay structure;

 

(ii)      The respective amount of House rent Allowance being drawn by the Government employees as on the 27th October, 2016 shall remain payable invariably for the period between the 28th October, 2016 to the 31st July, 2019 i.e. House rent Allowance shall be drawn on the presumptive basic pay of the pre-revised pay scale.

 

(iii)     The employees who have joined the Government service as a fresh recruit/ at the first instance during the period the 1st January, 2016 and between 31st July, 2019 shall be entitled to the House rent Allowance to be calculated at the presumptive entry level pay of the pre-revised pay structure admissible under the Haryana Civil Services (Pay) Rules, 2008 and the instructions No. 10/46/2004-2FICW dated the 27th January, 2009 and dated the 29th July, 2009 issued by the Finance Department, of their respective post.".][5]

Certificate

(1)     I certify that no Government accommodation or rent free accommodation has been allotted to me or my spouse by any Department or Organization under Haryana Government or any other Government upto 20 kms outer limits of the Municipal limit of place of my posting.

(2)     I Certify that I am not residing in a Government accommodation or rent free accommodation allotted to any member of my family, by any Department or Organization under Haryana Government or any other Government upto 20 kms outer limits of the Municipal limit of place of my posting.

(3)     I certify that I am residing in a rented house and have paid

Rs. ___________ as rent for the month of ______ for House No. _________ Street __________ Sector ________ City _____________.

(4)     I certify that I am residing in own house, i.e. in a house owned by me/my spouse/son/daughter/parents/grand-parents/parents-in-law, House No. _________

Sector/Street ______________ City _______________________

Date: ______________ (Signature) __________________

Designation _________________

Rule 15. Entitlement of house rent allowance on transfer.

A Government employee who, on transfer, has been permitted to retain Government accommodation at the old station shall be entitled to house-rent allowance in respect of the new station, if otherwise admissible, irrespective of the fact whether he has been permitted by the competent authority to retain the Government accommodation, if any, at old station on payment of normal rent or penal rent.

Rule 16. House rent allowance in case of death while in service.

In case of death while in service, the family of deceased Government employee shall be entitled to

(a)      house rent allowance for a period of one year at the rate drawn immediately before the death; or

(b)      retain Government accommodation for one year on payment of normal licence fee.

Note. Where Government accommodation is surrendered by the family of deceased Government employee on their own accord before one year, no house rent allowance shall be admissible for the remaining period.

Rule 17. Disciplinary proceedings on fraudulent drawl of house rent allowance.

The disciplinary proceedings shall be instituted against the Government employee by the competent authority and he shall be awarded major punishment under Haryana Civil Services (Punishment and Appeal) Rules, 2016 on

(i)       excess or fraudulent drawl of house rent allowance;

(ii)      subletting the Government accommodation; or

(iii)     availing Government accommodation (partly or otherwise) allotted to him or any member of his family and also drawing house rent allowance from his department.

Rule 18. Grant of hill Compensatory allowance.

(1)     Hill compensatory allowance shall be granted to a Government employee serving in the Morni Hills area at the rate(s) prescribed from time to time. At present the rate of this allowance is 5 per cent of basic pay subject to minimum Rs. 200/- and maximum Rs. 400/- per month.

(2)     The list of villages which fall in the Morni Hills area is as under:-

Rule 19. Grant of uniform allowance.

The uniform allowance, in lieu of uniform, at the rate prescribed from time to time shall be admissible to such Government employees for whom it is compulsory as per their terms and conditions of service to wear uniform during duty hours. It shall be paid during temporary transfer but shall not be paid during suspension, leave and joining time.

Rule 20. Grant of cycle allowance to Group D employees.

Cycle allowance shall be admissible to all Group 'D' Government employees @ Rs. 100/- per month or at the rate prescribed from time to time irrespective of the fact whether they are provided official cycles including repairs at Government expense or not.

Note 1.This allowance shall also be admissible while on leave of any kind except extraordinary leave.

Note 2.The orthopaedically handicapped Government employees of Group D are entitled to draw both the cycle allowance and the conveyance allowance.

Rule 21. Special allowance to certain group 'D' employees.

(1)     Sweeper or Safai Karamchari

Special allowance @ Rs. 350/- per month or at the rate prescribed from time to time by the competent authority shall be admissible to Sweeper or Safai Karamchari.

(2)     Peon-cum-Chowkidar

All Group 'D' employees holding dual posts of Peon-cum-chowkidar, Peon-cum-Mali, Chowkidar-cum-Mali shall be entitled to special allowance @ Rs. 200/- per month or the rate prescribed from time to time by the competent authority.

Note.During extraordinary leave this allowance shall not be admissible.

Rule 22. Conveyance allowance to blind and orthopaedically handicapped Government employees.

(1)     A Government employee working on regular basis, who is declared
 

(i)       blind or having vision less than 3/60 of field vision less than 10 in both eyes by the Head of Ophthalmological Department of a Government Civil Hospital; or

(ii)      orthopaedically handicapped with a minimum of 40% permanent partial disability of either upper or lower limbs by the Head of Orthopaedics department of a Government Civil Hospital; or

(iii)     orthopaedically handicapped with overall minimum 50% permanent partial disability of both upper and lower limbs together by the Head of Orthopaedics department of a Government Civil Hospital; or

(iv)    suffering from the Spinal deformity causing permanent partial disability of above 40% by the Head of Orthopaedics department of a Government Civil Hospital;

shall, subject to provisions in these rules, be entitled to a conveyance allowance at the rate of 10 per cent of basic pay subject to minimum Rs. 1,000/- and maximum Rs. 2,000/- per month or as prescribed from time to time. The dearness allowance at the prevailing rate shall also be admissible on conveyance allowance.

(2)     No conveyance allowance shall be admissible to

(i)       one eyed (partially blind) Government employee; or

(ii)      those who covered under these rules but have been provided with the facility of vehicle at Government expenses for journey between office and residence.

Note. For the purpose of assessing of disability, the standards as contained in the Manual for Orthopaedic Surgeon in Evaluating Permanent Physical Impairment brought out by the American Academy of Orthopaedic Surgeon U.S.A., and published on their behalf by Artificial Limbs Manufacturing Corporation of India, G.T. Road, Kanpur, shall apply.

Rule 23. Competent authority and procedure for grant of conveyance allowance to Blind and orthopaedically handicapped Government employees.

(i)       The Head of Department concerned shall refer the case of the concerned Government employee to the Head of Ophthalmological or Orthopaedics department, as the case may be, of a Government Civil Hospital for obtaining their recommendations for the grant of conveyance allowance. In case he is declared blind or orthopaedically handicapped of the prescribed degree of disability, he shall be granted conveyance allowance with effect from the date of certificate of the appropriate medical authority.

(ii)      The travelling allowance shall be admissible to the Government employee for the journey performed for obtaining recommendations of the appropriate medical authority.

(iii)     The fee charged, if any, by the Government Hospital shall be reimbursable.

(iv)    The period spent to obtain medical examination and also for journey performed for the purpose shall be treated as duty.

Rule 24. Conveyance allowance to other Government employees.

(1)     Conveyance allowance to Medical Officers.

Conveyance allowance @ Rs. 500/- per month shall be admissible to the Medical Officers which may be granted by Head of Department subject to following conditions:-

(i)       Only the specialists working in the 60 bedded or above hospitals would be entitled to this allowance;

(ii)      These specialist must be residing outside the campus of the hospitals in private accommodations. The residence so acquired should be situated at a distance of at least five Kilometer of the hospitals;

(iii)     Only such specialists would be entitled to conveyance allowance who are often called for emergency duties.

(2)     Conveyance allowance to personal assistant and private secretaries.

Conveyance allowance @ Rs. 500/- per month shall be admissible to the Personal Assistant and Private Secretaries, Secretaries etc. posted with Head of Department or in Haryana Civil Secretariat which may be granted by the Head of Department.

Note. No conveyance allowance shall be admissible to those who have been provided with the facility of Government vehicle for journey between office and residence;

Rule 25. Entitlement of children education allowance.

(A)     For children of Government employee in service

A Government employee, on production of self-attested certificate quarterly in each academic year, shall be entitled to draw children education allowance which shall be admissible in lieu of reimbursement of tuition fee, admission fee, laboratory fee, library fee, games/sports fee, expenditure on purchase of text books and notebooks, uniforms etc. and subject to following conditions:-

(1)      This allowance shall be admissible @ Rs. 750/- p.m. (or Rs. 9,000/- p.a.) per child for education of first two eldest children from classes nursery to twelfth (+2 level) or upto two years of any Diploma Course after 10th Class from a recognized School/Institution, including studying through correspondence or Distance Learning.

Note. Nursery means two Classes prior to Class I irrespective of the nomenclature.

(2)      Where the number of children exceeds two as a result of second child birth resulting in twins or multiple birth, they all shall be included in the eldest two children for the purpose of these rules.

(3)      Where a Government employee has more than two children in his family, switching over from one child to other shall not be permissible.

(4)      This allowance shall be admissible upto the date of attaining the age of 20 years or class of 10+2 whichever is earlier irrespective of the fact that the child fails in a particular class.

(5)      Where the eligible child being physically/mentally handicapped studies in any institutions aided or approved by the Central/State Government/Union Territory Administration or whose fees are approved by any of these authorities, this allowance shall be admissible upto 22 years of age of the child or till the time of passing +2 class, whichever is earlier.

(6)      It may be drawn quarterly/half-yearly/yearly.

(7)      Where both husband and wife are in service in any Department/Organization (under the control of any Government or not) where there is any scheme of children education allowance for their employees, only one of them can avail children education allowance from his/her respective Department/Organization. A declaration to this effect shall be furnished by the concerned Government employee at the time of production of self-attested certificate that my spouse has not claimed and will not claim such allowance.

(8)      It shall also be admissible to the eligible Government employee during the period of leave or suspension.

(9)      The Drawing and Disbursing Officer shall be competent to draw and disburse the children education allowance. The expenditure shall be charged to Object Code '01-Salaries'.

(B)     For children of deceased Government employee

In the case of death while in service, the children education allowance for first two children shall also, subject to eligibility, be admissible till such time the deceased Government employee would have actually received the same had he been alive, provided the spouse of deceased Government employee is not employed in any Department/Organization under the control of any Government including Government of India. Thereafter fee on account of tuition fee and laboratory fee equal to the fee of Government Institutions or actually paid, whichever is less, shall be reimbursed for the first two children who are studying in Government or Government Aided or recognized College/Institutions upto the Degree level.

Note. The expenditure shall be charged to Object Code '79-Ex-gratia'.

Rule 26. Grant of non-practising allowance.

Non-practising allowance admissible to specific categories of the Government employees shall be regulated as under:-

Non-practising allowance shall be admissible at the rate of 25 per cent of basic pay or at the rate prescribed by the competent authority from time to time provided the basic pay plus non-practising allowance shall not exceed the prescribed limit which is at present Rs. 85,000/- per month.

Rule 27. Allowances during the period of re-employment.

Except as otherwise provided in the terms and conditions of re-employment after retirement, if pay has been fixed in a Pay Scale

(1)     House rent allowance shall be computed as under:-

(2)     Dearness allowance shall be admissible on pension and actual basic pay of re-employed post separately.

(3)     Travelling allowance shall be admissible according to pay scale of the post held.

(4)     Other allowances shall be admissible on the actual basic pay of re-employed post plus portion of the pension not ignored at the time of fixation of pay.

Illustration. Mr. 'A' was re-employed in service after superannuation. The last basic pay drawn by him was Rs. 40,000 and his basic pension has been fixed Rs. 20,000. He was re-employed by the competent authority on the post last held or on any other post of the same pay scale and his pay was fixed last pay drawn minus pension (i.e. 40,000 minus 20,000 = 20,000/-). During the period of re-employment he shall be entitled to dearness allowance on Rs. 20,000/- but house rent allowance on Rs. 40,000/-. He shall also draw dearness relief on pension separately. For the purpose of travelling allowance he shall be entitled to draw the same which is admissible to a Government employee drawing pay Rs. 40,000/-.

CHAPTER-IV RECOVERY OF LICENCE FEE AND RENT OF GOVERNMENT ACCOMMODATION

Rule 28. Licence fee of Government accommodation.

(1)     A Government employee of Haryana or any other Government who is allotted Government accommodation while serving under the administrative control of a Department of Haryana Government shall be recovered licence fee at the following rate or at the rate prescribed from time to time by the competent authority:-

Explanation. Licence fee shall be recovered at the prescribed rate keeping in view the category of house/Government accommodation allotted to the Government employee concerned.

(2)     When Government employee of other Government occupies a residential accommodation provided by his parent Government he shall not be entitled to house rent allowance. The licence fee shall be paid to the parent Government equal to the amount of house rent allowance of the concerned Government employee + licence fee which may have been recovered from the salary of the Government employee concerned had he been allotted Government accommodation by the Haryana Government.

(3)     If on transfer to other station or repatriation to his parent Government, the residential accommodation allotted by Haryana Government is not vacated by the Government employee upto the prescribed period, the penal rent as prescribed from time to time shall be recovered from the Government employee concerned through his parent Department/Government.

Rule 29. Licence fee on allotment of house by the railway administration or vice versa.

When Haryana Government employee occupies a residential accommodation provided by Railway Administration or Railway Officers occupies residential accommodation provided by the Haryana Government, he shall not be entitled to house rent allowance. The licence fee shall be paid to, or recovered from, the Railway Administration equal to the amount of house rent allowance of the concerned Government employee + licence fee which may have been recovered from the salary of the Government employee concerned had he been allotted Government accommodation by the Haryana Government or Railway Administration, as the case may be.

Rule 30. Non-payment of licence fee if exempted under any law.

Nothing contained in these rules shall so operate as to require payment of licence fee/rent, for the occupation of residence allotted to a Government employee who has been exempted from such payment under the provisions of law or in whose case the amount or rent so payable is prescribed by law for the time being in force. Exemption is applicable upto the prescribed period after that penal rent as applicable shall be charged.

Rule 31. Capital cost of building for assessment of licence fee and rent.

(i)       For the purpose of assessment of licence fee and rent, the capital cost of a building owned by Government shall be worked out by the Public Works Department (B & R), Haryana, as per prevailing norms applicable at that time.

(ii)      Capital cost for assessment of rent and licence fee shall be revised after a period of five years.

Rule 32. Valuation of the Government accommodation.

When the Collector's rate(s) for the present value of a Government accommodation and of the site on which it stands is unknown, the value of the residence and of the site shall be estimated separately by the competent authority of Public Works Department (B & R), Haryana, as per prevailing norms applicable at that time.

Rule 33. Revaluation of residences.

A competent authority by recording specific reasons may at any time revaluate the capital cost of any or all residences within a specified area computed under these rules.

Rule 34. Valuation of sanitary and supply of water and electricity.

In assessing the cost of a building, the cost of sanitary, water supply and electrical installation shall be included.

Rule 35. Calculation of standard rent of a leased residence or residence owned by Government.

The standard rent of a leased residence or the residence owned by Government shall be assessed and fixed by the competent authority of the Public Works Department (B & R) Haryana under whose jurisdiction the building is located.

Rule 36. Revision of standard rent.

Save as otherwise provided in these rules or any other rule, the standard rent of a residence may be recalculated by the Public Works Department (B & R) after the expiry of every five years from the date of last calculations or whenever it may think proper.

Rule 37. Standard rent of residence gifted to Government.

In the case of the residence gifted to the Government, or released on a nominal rent or on a rent free basis to the Government, the standard rent shall be the same as in the case of a residence owned by the Government.

Rule 38. Exclusion of minor additions and alterations.

Except as otherwise provided in these rules, when the standard rent of a residence has been calculated, minor additions and alterations may be made without the rent of the residence being increased subject to the following conditions:-

(i)       the total cost of such additions and alterations shall not exceed five per cent of the capital cost on which the standard rent was last calculated; and

(ii)      such additions and alterations shall be made within five years after the last calculation on the standard rent.

Rule 39. Additional licence fee of additions or alterations made on request of allottee.

Where any additions or alterations are made at the specific request of an officer to whom the residence has been allotted, additional licence fee, if necessary, may be charged from him.

Rule 40. Timely information regarding increase of rent.

It is the duty of the authority competent to allot the residence or Executive Engineer to give timely notice to the tenant concerned of the increase in rent. Omission, however, on his part to give such intimation in any case shall not constitute a reason for the enhancement of rent taking effect from a date later than that on which it is due under the above rule.

Rule 41. Recovery of provisional rent.

If a building is actually occupied prior to the closing of the accounts of expenditure on its construction, acquisition or equipment, rent is nevertheless chargeable from the date of occupation and shall be fixed provisionally with the sanction of the competent authority. The rent, thus fixed provisionally while the accounts are open, is subject to revision with retrospective effect when they are closed and no remission of rent on this account can be made save with the sanction of the competent authority.

Rule 42. Conditions of tenancy and rent payable by Government employee.

 When a Government employee is allotted a residence leased or owned by Government, the following conditions shall be observed:-

(a)      the scale of accommodation allotted shall not, except at the Government employee's own request, exceed that which is appropriate to the status of the occupant;

(b)      unless otherwise expressly provided in these rules, he shall pay licence fee at the prescribed rate or standard rent as provided in these rules, whichever is less;

(c)      in case a Government employee entitled for higher type of accommodation but allotted the accommodation of a type below to his entitlement or residing in such a accommodation, the rent shall not be recovered more than the maximum rent working out for that type of accommodation.

(d)      The Government employee shall not be liable to pay any municipal and other taxes payable by Government in respect of the residence being in the nature of house or property tax.

(e)      The Government employee to whom a residence is allotted, is responsible for ensuring the recovery of licence fee/rent from him, under these rules, during the period of occupation of residence unless exempted by competent authority.

(f)       Notwithstanding anything contained in these rules, the competent authority may direct to recover the licence fee at higher rate from any Government employee but not exceeding three per cent of his monthly emoluments.

Rule 43. Entitlement of government accommodation.

The entitlement of different types of Government accommodation to Government employees shall be determined as per pay range given below:-

Note. Actual total area and plinth area may vary from one location to another on any reason.

Rule 44. Rent free accommodation and waiving or reducing the amount of licence fee/rent.

(1)     In special circumstances, for reasons to be recorded in writing, the Administrative Department may by general or special order

(a)      grant rent free accommodation to any Government employee or class of Government employees; or

(b)      waive off or reduce the amount of rent to be recovered from any Government employee or class of Government employees.

Note 1. A list of Government employees who are entitled to rent free accommodation under this rule is given in Annexure appended to this rule.

Note 2. A Government employee entitled to rent free accommodation and have not been provided with, shall be granted house rent allowance as per rate of the place of posting.

(2)     The concession of rent-free accommodation shall not carry with it the free supply of water, electric energy and additional facilities, the cost of which must be defrayed by the Government employee himself. The rent of water and electric meters shall also be paid by the Government employee.

Annexure

(See rule 44)

List of Government employees entitled to rent free accommodation.

The Government employees mentioned in column 3 of the table below are entitled to rent free accommodation subject to the conditions, if any, given in column 4: -

Rule 45. Recovery of additional rent of additional facilities.

(a)      Where additional facilities such as furniture, LCD, refrigerator, geyser etc. at the cost of Government are provided at the residence allotted to a Government employee, the additional rent may be charged for these facilities, as under:-

(i)       the annual rent at the rate of 10% of the total cost of the article(s);

(ii)      the rent shall be expressed as a monthly rent and shall be one-twelfth of the annual rent.

(b)      In case residence is provided with water and electricity connection, the Government employee shall pay charges for such services as being charged by the concerned authorities.

Rule 46. General rules for normal licence fee of Government accommodation.

(1)      The licence fee at normal rate for the allotted accommodation shall be charged from the allottee from the date of possession. The process of allotment shall be deemed to be completed on taking possession of the residence by the allottee.

(2)      The period of allotment of Government accommodation is determined from the date of possession of residence till the allottee becomes ineligible for retaining the allotted residence on account of different situations such as transfer, retirement, death, dismissal/removal from service, cancellation/surrender of residence etc.

(3)      The Government employee shall not be permitted under any circumstances to sublet the residence allotted to him.

Rule 47. Retention of Government accommodation under various circumstances.

Government employee shall be entitled to retain the Government accommodation on normal licence fee in the following circumstances:-

Note 1.Where a residence is retained, the allotment shall be deemed to be cancelled on the expiry of the admissible concessional period and penal rent at the rate prescribed in rule 48 shall be recovered.

Note 2.Government employees enjoying rent free accommodation shall also be allowed to retain the rent free accommodation for the concessional period.

Rule 48. Penal rent on over staying beyond the permissible period.

In case of overstaying Government accommodation beyond the permissible period the rate of penal rent shall be as under:-

In addition, proceedings under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 shall also be initiated, if the Government accommodation is not vacated upto the prescribed period.

Rule 49. Penal rent and Market rent on subletting Government accommodation.

(1)     On subletting Government accommodation, the Government employee shall be liable to pay penal rent equal to the amount of 500 times of licence fee, or as prescribed from time to time, for a period of first three months and thereafter five times of market rent, or as prescribed from time to time, or 500 times of licence fee, whichever is higher, as fixed by the Committee.

(2)     He shall also be debarred from getting Government accommodation in future for a period of five years and in addition, proceedings shall be instituted against him under

(a)      the Haryana Civil Services (Punishment and Appeal) Rules, 2016; and

(b)      the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972.

CHAPTER-V HONORARIUM AND FEE

Rule 50. Grant of honorarium.

Subject to provisions in these rules, a competent authority may grant or permit a Government employee to receive honorarium as remuneration for work performed which is occasional or intermittent in character and either so laborious or of such special merit to justify a special reward for it. Sanction to the grant or acceptance of an honorarium shall not be given unless the work has been undertaken with the prior consent of the competent authority.

Note 1. Administrative Secretary and Head of Department are competent to grant honorarium upto Rs. 10,000/- and Rs. 2,000/- respectively to an individual during a financial year.

Note 2. Chairman of the Public Service Commission is competent to grant honoraium up to Rs. 5,000 in each individual case during a financial year in the case of Government employee appointed as Examiner, Supervisor or Invigilator in connection with the examination held by the Haryana Public Service Commission.

Rule 51. Grant of honorarium to an employee of other Department.

Subject to provisions in these rules, where an honorarium is to be granted to a Government employee by a Department other than his parent department, sanction to grant and acceptance of the honorarium shall be given by the competent authority of the department paying the honorarium after obtaining the concurrence of the parent department of the Government employee.

Exceptions. A Government employee may without the sanction of the competent authority of parent department accept remuneration upto any amount for work connected with

(i)       an examination conducted by Union/State Public Service Commission, Union/State Department; and

(ii)      election duty and granted by the Election Commission of India or State.

Rule 52. Responsibility of authority sanctioning honorarium.

(1)     The sanctioning authority shall record in writing that due regard has been paid to the general principle enunciated in these rules and reasons which in his opinion justify the grant of the extra remuneration.

(2)     The grant of an honorarium shall be carefully controlled by Government and scrutinized by audit and that audit shall be given an effective opportunity for comments if it be deemed necessary. The Principal Accountant General (A & E), Haryana may, therefore, require that the reasons for the grant of an honorarium should be communicated to him in each case.

Note. No honorarium shall be granted to gazetted officers engaged on work in connection with the setting up of companies, corporations, etc, which forms a part of their normal duties even if they work beyond office hours.

Rule 53. No honorarium for service of ordinary duties.

When the service rendered falls within the course of the ordinary duties of the Government employee performing it, the test of special merit prescribed in rule 50 shall be applicable.

Note. A service rendered by a Government employee is said to be 'within the course of the duties' of that Government employee when it is of the same nature as that for which his regular employment exists. The test that shall be applied in deciding any particular case is to determine whether the service rendered is such as the Government employee habitually performs in the course of his ordinary duties. A service does not cease to be within the course of the duties of the Government employee because it has been rendered for an object not concerned with the usual operations of his department or involves an unusual expenditure of labour.

Rule 54. Acceptance of fee when summoned by Court.

A competent authority may permit a Government employee to accept a recurring or nonrecurring fee as remuneration for performing a specified service or series of service for an Organization, provided it does not fall within the course of ordinary duties and is not detrimental to his official duties or responsibilities.

Note 1. The following authorities are competent to sanction the acceptance of fee during a financial year:-

Note 2.The Personal Assistant/Private Secretaries/Stenographers etc attached to the officers nominated as Chairpersons, Managing Directors and Members of the Board of Directors of certain Organizations shall not be allowed any additional remuneration from the Organizations, when the officers with whom they are attached are allotted duties on the Board of Directors of Organizations as part of their normal functions.

Rule 55. Retention of fee by a Government employee.

When a Government employee is summoned by Court to give his expert opinion in view of his special skill or to identify handwriting, finger impressions etc. as an evidence or witness, if he is summoned at the instance of

(a)      the Government; he shall be treated on duty and be paid TA/DA;

(b)      a private person or party, such attendance in the Court shall be regarded as private practice of the nature of expert evidence, and the Officer may accept fee prescribed by the Court with the sanction of the competent authority. TA/DA of the officer shall be paid by the private person/party at whose instance he may have been summoned.

Rule 56. Exemption to crediting one third of the amount to the Consolidated Fund.

Save as otherwise provided in these rules, a Government employee may, subject to approval of the competent authority, retain the full fee (recurring and non-recurring separately) received by him upto Rs. 8,000/- during a year. Where the fee exceeds Rs. 8,000/- per annum, 1/3rd of the fee received shall be deposited in the consolidated fund subject to the condition that fee retained by a Government employee does not fall short of Rs. 8,000/-. The limit of Rs. 8,000/- shall be applied in each individual case, if the fee is received of non-recurring nature and in case of recurring nature, the limit should be applied on the total fee received in a financial year:

Provided that where a fee is paid for work done during the time which may otherwise be spent in the performance of official duties, the entire fee must be credited to Government, unless the competent authority for special reasons which shall be recorded, directs otherwise.

Note 1.Fee does not include conveyance allowance, if any, received by the Government employee.

Note 2.Fee received by Government employee for giving expert evidence on technical matters before a court of law shall also be governed by this rule.

Rule 57. Exemption to Crediting One third of the consolidated fund.

(1)     The fee received by a Government employee from the following institutions is exempted from the operation of these rules, provided the work for them is done during the time which shall not be otherwise spent in the performance of official duties:-

(1)     Society for the Prevention of Cruelty to Animals;

(2)     Indian Roads Congress;

(3)     India Cattle Show Committee;

(4)     Inter-University Board;

(5)     Indian Red Cross Society;

(6)     Bharat Scouts and Guides Haryana (Exemption relates only to fee received by Government employees for doing clerical work);

(7)     Child Activity Centers;

(8)     Bharat Sewak Samaj.

(2)     The following income received by a Government employee shall not be subject to crediting one third of the amount to the Consolidated Fund of State, namely:-

(a)      writing or reports, papers or study reports on selected subject for international bodies like United Nations Organization, United Nations Educational Scientific Cultural Organization etc;

(b)      fees received from statutory bodies like institute of Chartered Accountants and Haryana Institute of Public Administration;

(c)      when a Government Department undertakes the works for a non-Government Organization in its turn assigns the work to the officials suited for the purpose and pays them at rates approved by Government;

(d)      income from books, articles, papers and lectures on literary, cultural, artistic, technological and scientific subjects including management sciences;

(e)      income from essential participation in sports, games and athletic activities as players, referees, umpires or managers of the team;

(f)       income derived from exploitation of a patent for an invention taken out by a Government employee with the permission of competent authority.

Exception.- In case a Government employee is permitted to participate in sports activities and accepts payment as a professional, the income derived there from shall continue to be subject to the deduction under these rules.

Rule 58. Fee for work relating to examination.

Government employees who are authorized to undertake work of examining and setting papers in respect of University, Education Board or any Institution or deputed as Supervisors/Invigilators etc. may accept remuneration thereof up to any amount:

Provided the work is undertaken outside the normal hours of duty. In such cases the employee can retain a maximum amount of Rs. 8,000/- in a financial year without depositing any amount to Government. The fee in excess of Rs. 8,000/- in a financial year shall be shared between the Government employee and Government in the ratio of 2:1, i.e. one third of the amount in excess of this limit shall be credited into Government account.

Note. This provision shall not be applicable when fee is received by Government employees for acting as Examiners of any University under the Haryana Government. In their case the orders regarding the sharing of fees would apply only to the fees received by them for acting as Examiners of the outside Universities and Bodies.

Rule 59. Fee received as an Arbitrator.

The fee received by a Government Officer for acting as an Arbitrator in a dispute arising between contractors and Government Department/Agency relating to a contract shall be apportioned between the Government, the officer and the staff employed in that connection as follows:-

Note. No Government officer shall, however, be allowed to draw more than Rs. 1,500/-(Rs. One thousand and five hundred only) in any one arbitration case without the prior approval of Government.

Rule 60. Scholarship or any other income during study leave.

Any scholarship or stipend received during study leave or otherwise, by a Government employee from a source other than the Consolidated Fund of India or a State for the purposes of prosecuting a course of studies or receiving specialized training in professional or technical subjects shall not be subject to deposit 1/3rd portion over and above the prescribed amount. However, this provision shall continue to apply, unless specially relaxed to the payments received by a Government employee as a result of full time or part time employment undertaken by him.

Rule 61. Income which does not cover under fee.

 The term fee contained in these rules shall not include the following income and therefore, no special sanction is necessary: -

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

(b)      income from literary, cultural, artistic, scientific or technological efforts.

Exceptions. The acceptance of income from the following shall be treated a fee: -

(i)       sale proceeds or royalties on a book which is mere compilation of Government rules, regulations and procedures;

(ii)      income derived by performing clerical, administrative or technical functions for private bodies including those engaged in literary, cultural, artistic, scientific, charitable or sports activities.

Rule 62. Retention of amount of any reward.

Except as otherwise provided by a general or special order of the competent authority, a Government employee is eligible to receive and to retain without special permission, any reward-

(a)      for any essay or plan in public competitions;

(b)      offered for the arrest of a criminal or for information or special service in connection with the administration of justice;

(c)      payable in accordance with the provisions of any Act or rules or regulation framed thereunder;

(d)      sanctioned for services in connection with the administration of the customs and excise laws; and

(e)      fees payable to a Government employee for duties which he is required to perform in his official capacity under any special or local law or by order of Government.

Rule 63. Non-acceptance of fee from an Organization.

A Government employee, who in his official capacity, is nominated as Chairperson, Managing Director or Member of an Organization under the control of Haryana Government shall not accept any fee or other remuneration which is admissible to non-Government employees for attending a meeting of the institution concerned or for performing other work thereof.

Annexure-A

Note.Interim Relief-I @ Rs. 100/- p.m. for all Government employees w.e.f. 16.06.1993 and Interim Relief-II @ 10% of basic pay but minimum Rs. 100/- p.m. w.e.f. 01.04.1995.

 

 

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HARYANA CIVIL SERVICES (ALLOWANCES TO GOVERNMENT EMPLOYEES) RULES, 2016 (AMENDED UPTO 2023)

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules, regulating the terms and conditions for grant of different kinds of allowances to Government employees of the State of Haryana:-

CHAPTER-I

PRELIMINARY

Rule 1. Short title and commencement.

(1)     These rules shall be called the Haryana Civil Services (Allowances to Government Employees) Rules, 2016.

(2)     These rules shall be deemed to have come into force from 19th July, 2016.

Rule 2. Extent of application.

Except as otherwise provided, these rules shall apply to all Government employees but shall not apply to

(i)       members of the All India Services;

(ii)      employees serving in a department under Haryana Government on deputation from Centre or any other State Government or any other source, for a limited duration.

Note 1. The Speaker of the Legislative Assembly has agreed under clause (3) article 187 of the Constitution that until a law is made by the Legislature of the State under clause (2) of article 187 of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of article 187 of the Constitution of India, these rules and amendments thereof, if any, after prior consent of the Speaker, shall apply to the secretarial staff of the Haryana Legislative Assembly.

Note 2. The Chairman, Haryana Public Service Commission, has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Haryana Public Service Commission.

Note 3. If any doubt arises as to whether these rules apply to any person or not, the decision shall lie with the Finance Department.

Rule 3. Special provisions, if any, inconsistent with these rules.

When in the opinion of the competent authority, special provisions inconsistent with these rules are required with reference to any particular post or any conditions of service, that authority may, notwithstanding anything otherwise contained in these rules, and subject to the provisions of clause (2) of article 310 of the Constitution of India, provide in the terms and conditions of appointment of the person appointed to such post for any matter in respect of which in the opinion of that authority special provisions are required to be made.

Provided that where no special provision has been made in respect of any matter in the terms and conditions of appointment, provisions of these rules shall apply.

Rule 4.[Regulation of different allowances by the Finance Department.-

Entitlement to various allowances under these rules shall be regulated as per rules and as per the rates notified by the Finance Department from time to time and payable on the date when the same earned:-
 

Provided that notwithstanding anything contained in these rules and notifications existing on the date of promulgation of these rules prescribing different rates of allowance co-related to basic pay and emoluments of different categories of the post(s) of Government employees, upon subsequent revision of general pay scales, Government employee shall continue to draw the different allowances on the basis of un-revised pay/presumptive basic pay irrespective of grant of revised pay scale retrospectively, till the Finance Department issues a new notification prescribing modified allowance, which shall be applicable from the date as notified therein.
 

Provided further that where a Government employee continuously draws pay under the un-revised pay scale and not opted the revised pay scale or the revised pay scales not made applicable, such employee shall continue to draw the rates of different allowances as per the notification applicable to unrevised pay scales in existence on the day of promulgation of these rules:
 

Provided further that such direct recruits/promotees who joined the Government service as a new entrant or gets promoted to the promotional post during the inter-regnum of date of general revision of pay scales revised retrospectively and promulgation of actual notification of such revised pay rules, irrespective of getting corresponding revised pay scale of the corresponding un-revised pay scale under the revised pay rules, he shall draw the allowances and House rent Allowance on the basis of un-revised basic pay or presumptive basic pay till the Finance Department issues fresh notification modifying the allowances/House Rent Allowance after the revision of general pay scale and such modified allowances shall be payable from the date as fixed by the Finance Department.
 

Provided further that any notification issued by the Finance Department revising allowances after the issuance of notification dated 28.10.2016 pertaining to Haryana Civil Services (Revised Pay) Rules, 2016 shall be deemed to be issued under this rule read with rule 5. Such revised allowances as modified shall be payable from the date mentioned therein irrespective of date of applicability of the revised pay rules.][1]

Rule 5. power to interpret change amend relax.

 The power to interpret, change, amend, relax and removal of doubt of these rules shall lie with the Finance Department.

Note 1. Communications regarding the interpretation and alteration of these rules shall be addressed to the Finance Department through the Administrative Department concerned.

Note 2. Where the Finance Department is satisfied that the operation of any of these rules regulating the conditions of service of Government employees or any class of such Government employees, causes undue hardship in any particular case, it may by order dispense with or 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.

Rule 6. Re-delegation of power.

The Administrative Department/Heads of Departments/appointing authorities competent for any purpose under these rules may re-delegate the powers on their own responsibility and subject to such restrictions as they may like to impose, to the officers working under them at their headquarter offices. Copies of all such orders should invariably be supplied to the Finance Department and the Principal Accountant General, Haryana.

Rule 7. Repeal and saving.

The Rules contained in Punjab Civil Services Rules, Volume I, Part I and II are hereby repealed. Anything done or any action taken under the rules so repealed, shall be deemed to have been done or taken under the corresponding provisions of these rules.

CHAPTER-II DEFINITIONS

Rule 8. Definitions.

(a)      Unless the context otherwise requires;

(1)     "compensatory allowance" means an allowance admissible to a Government employee to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes dearness allowance, travelling allowance, house rent allowance, hill compensatory allowance, etc. but does not include sumptuary allowance;

(2)     "conveyance allowance" means a monthly allowance paid for going to and coming from the place of duty;

(3)     "dearness allowance" means a compensatory allowance which is granted to the Government employee by the competent authority due to inflation in prices;

(4)     "emoluments" for the purpose of

(a)      conveyance allowance to differently abled employees means

(i)       basic pay in pay scale; and

(ii)      any other amount specially classed as emoluments for the purpose by the competent authority.

(b)      dearness allowance means

(i)       basic pay in pay scale;

(ii)      non-practicing allowance admissible to Doctors and Veterinary Surgeons subject to pay plus non-practicing allowance not exceeding 85,000 or as prescribed from time to time by the competent authority;

(iii)     conveyance allowance to differently abled employees; and

(iv)    any other amount specially classed as emoluments for the purpose by the competent authority.

(c)      house rent allowance means

["(i)   basic pay in the pay scale revised from time to time in accordance with respective pay commission; and.][2]

(ii) [***][3]

(iii)     any other amount specially classed as emoluments for the purpose by the competent authority.

(d)      licence fee means

(i)       basic pay in pay scale; and

(ii)      any other amount specially classed as emoluments for the purpose by the competent authority.

(5)     "hill compensatory allowance" means an allowance admissible to a Government employee posted at a place declared as hill station by the competent authority;

(6)     "house rent allowance" means a compensatory allowance admissible to a Government employee in lieu of Government residential accommodation;

(7)     "licence fee" means the amount payable at prescribed rate by Government employee for the residential accommodation allotted to him by the competent authority;

(8)     "local mileage allowance" means an allowance admissible to a Government employee to meet the cost of a local journey performed in public interest within or out of his sphere of duty;

(9)     "market rent" in relation to Government accommodation means the rent as assessed by the competent authority of Public Works Department (Building and Roads), Haryana;

(10)   "non-practicing allowance" is an allowance which is granted to a specific group of Government employees in lieu of private practice.

(11)   "own house" for the purpose of house rent allowance means the house in the name of a Government employee himself/herself or his/her spouse, son, daughter, parents, grand-parents or parents-in-law;

(12)   "rent free accommodation" means the accommodation allotted to a Government employee for which no licence fee is payable by him;

(13)   "road mileage allowance" means a kind of travelling allowance admissible to a Government employee to meet the cost of journey performed by his own vehicle, including taxi and autorickshaw, subject to entitlement, while on tour in public interest from one station to another.

(14)   "standard rent" means the rent which is calculated and prescribed by competent authority on the basis of capital cost of a residence owned by Government or leased residence meant for Government employees.

(15)   "uniform allowance" is an allowance which is granted to Government employees in lieu of admissible livery items;

(b)      The terms not defined in this chapter but defined in the Haryana Civil Services (General) Rules, shall have the same meaning for the purpose of these rules.

CHAPTER-III VARIOUS ALLOWANCES AND PRINCIPLES THEREOF

Rule 9. General principles for grant of allowances.

Unless otherwise expressly provided, the allowances shall be regulated keeping in view the following principles:-

(1)     The grant of an allowance shall be so regulated that it shall not be on the whole a source of profit to the recipient.

(2)     Allowance (s) attached to a post shall

(i)       be drawn by the Government employee actually performing the duties of that post and shall not be drawn by anyone else; and

(ii)      cease to be drawn by a Government employee as soon as he relinquishes the charge of such post.

Note 1.- The grant of travelling allowance shall be regulated by the Haryana Civil Services (Travelling Allowance) Rules, 2016.

Note 2.- Compensatory allowances to the personal staff of the Governor (including the Military Officers, if any), are regulated by the Government of India (Governors' Allowances and Privileges) Order, 1950.

Rule 10. Entitlement of allowances during leave.

(1)     During the period of leave of any kind, except extraordinary leave, a Government employee shall be entitled to

(a)      House rent allowance,

(b)      Hill compensatory allowance, if any,

(c)      Fixed medical allowance, if any; and

(d)      Children education allowance, if any.

(2)     During extraordinary leave, a Government employee shall be entitled to

(a)      House rent allowance for first 180 days;

(b)      Hill compensatory allowance, if any, for first 180 days;

(c)      Fixed medical allowance, if any; and

(d)      Children education allowance, if any.

The rate of above allowances shall be equal to the rate admissible to a Government employee at the station where he was working before proceeding on leave, irrespective of the fact, during the period of leave, he or any member of his family remained at the headquarters or not.

(3)     In addition to above, the following allowances shall also be admissible during leave at full rate if leave salary during leave is equal to full pay and at half rate, or on half basic pay, if leave salary during leave is equal to half pay:-

(a)      Non-practising allowance to doctors;

(b)      Cycle allowance to Group D employee;

(c)      Special allowance to Sweeper;

(d)      Special allowance to Group D employees holding dual charge;

(e)      Deputation allowance, if any,

"[Note.- No conveyance allowance shall be admissible during leave of any kind (except casual leave) availed during a month and during vacation except for the days when a Government employee during vacation or winter holidays is engaged on duty or to participate in training, seminar or in any other activity in public interest"][4].

Rule 11. Grant of allowances during joining time.

During joining time a Government employee shall be granted house rent allowance and other allowances, except conveyance allowance, at the rate admissible to him at the old or new station, whichever is less.

Rule 12. Grant of allowances during temporary transfer.

During temporary transfer, the house rent allowance and other allowances shall be granted at the same rate as admissible to a Government employee at the headquarters from where his pay and allowances are being drawn.

Rule 13. Entitlement of dearness allowance.

A Government employee drawing pay in any pay scale shall be entitled to dearness allowance at such rate and subject to such conditions as the Government may specify from time to time.

Note. The rate of dearness allowance remained in existence from 01.01.1986 onwards are at Annexure 'A' of these rules.

Rule 14. Grant of house rent allowance.

(1)     Save as otherwise provided in these rules, a Government employee shall be granted house rent allowance at the rate prescribed from time to time by the competent authority, provided it shall be certified by him, in the prescribed form, once in a calendar year or at the time of change of headquarters that he is not residing in Government accommodation or rent free accommodation allotted to him or any member of his family by any Department or Organization under Haryana Government or any other Government at a place upto twenty kilometers outer limit of the municipal limits of the place of posting.

(2)     The house rent allowance of a Government employee shall be determined as per the rate of

(a)      place of posting if he is residing upto twenty kilometers outer limit of the municipal limits of the city of place of posting; or

(b)      place of posting or actual residence, whichever is less, if he is residing at a place which is at a distance more than twenty kilometers outer limit of the municipal limits of place of posting;

irrespective of the fact that the actual residence is in the territory of the neighbouring State.

Note. A Government employee residing in rented house shall be entitled to house rent allowance upto the amount of actual rent paid or as per rate admissible under these rules, whichever is less.

"[(3) The rates of House Rent Allowance shall be as per notification issued by the Finance Department from time to time except for the period from the 1st January, 2016 to the 31st July, 2019, which shall be regulated as under:-
 

(i)       The respective amount of House rent Allowance drawn by the Government employees for the period from 1st January, 2016 to 27th October, 2016 shall remain the same as already drawn under existing (pre-revised) pay structure;

 

(ii)      The respective amount of House rent Allowance being drawn by the Government employees as on the 27th October, 2016 shall remain payable invariably for the period between the 28th October, 2016 to the 31st July, 2019 i.e. House rent Allowance shall be drawn on the presumptive basic pay of the pre-revised pay scale.

 

(iii)     The employees who have joined the Government service as a fresh recruit/ at the first instance during the period the 1st January, 2016 and between 31st July, 2019 shall be entitled to the House rent Allowance to be calculated at the presumptive entry level pay of the pre-revised pay structure admissible under the Haryana Civil Services (Pay) Rules, 2008 and the instructions No. 10/46/2004-2FICW dated the 27th January, 2009 and dated the 29th July, 2009 issued by the Finance Department, of their respective post.".][5]

Certificate

(1)     I certify that no Government accommodation or rent free accommodation has been allotted to me or my spouse by any Department or Organization under Haryana Government or any other Government upto 20 kms outer limits of the Municipal limit of place of my posting.

(2)     I Certify that I am not residing in a Government accommodation or rent free accommodation allotted to any member of my family, by any Department or Organization under Haryana Government or any other Government upto 20 kms outer limits of the Municipal limit of place of my posting.

(3)     I certify that I am residing in a rented house and have paid

Rs. ___________ as rent for the month of ______ for House No. _________ Street __________ Sector ________ City _____________.

(4)     I certify that I am residing in own house, i.e. in a house owned by me/my spouse/son/daughter/parents/grand-parents/parents-in-law, House No. _________

Sector/Street ______________ City _______________________

Date: ______________ (Signature) __________________

Designation _________________

Rule 15. Entitlement of house rent allowance on transfer.

A Government employee who, on transfer, has been permitted to retain Government accommodation at the old station shall be entitled to house-rent allowance in respect of the new station, if otherwise admissible, irrespective of the fact whether he has been permitted by the competent authority to retain the Government accommodation, if any, at old station on payment of normal rent or penal rent.

Rule 16. House rent allowance in case of death while in service.

In case of death while in service, the family of deceased Government employee shall be entitled to

(a)      house rent allowance for a period of one year at the rate drawn immediately before the death; or

(b)      retain Government accommodation for one year on payment of normal licence fee.

Note. Where Government accommodation is surrendered by the family of deceased Government employee on their own accord before one year, no house rent allowance shall be admissible for the remaining period.

Rule 17. Disciplinary proceedings on fraudulent drawl of house rent allowance.

The disciplinary proceedings shall be instituted against the Government employee by the competent authority and he shall be awarded major punishment under Haryana Civil Services (Punishment and Appeal) Rules, 2016 on

(i)       excess or fraudulent drawl of house rent allowance;

(ii)      subletting the Government accommodation; or

(iii)     availing Government accommodation (partly or otherwise) allotted to him or any member of his family and also drawing house rent allowance from his department.

Rule 18. Grant of hill Compensatory allowance.

(1)     Hill compensatory allowance shall be granted to a Government employee serving in the Morni Hills area at the rate(s) prescribed from time to time. At present the rate of this allowance is 5 per cent of basic pay subject to minimum Rs. 200/- and maximum Rs. 400/- per month.

(2)     The list of villages which fall in the Morni Hills area is as under:-

Rule 19. Grant of uniform allowance.

The uniform allowance, in lieu of uniform, at the rate prescribed from time to time shall be admissible to such Government employees for whom it is compulsory as per their terms and conditions of service to wear uniform during duty hours. It shall be paid during temporary transfer but shall not be paid during suspension, leave and joining time.

Rule 20. Grant of cycle allowance to Group D employees.

Cycle allowance shall be admissible to all Group 'D' Government employees @ Rs. 100/- per month or at the rate prescribed from time to time irrespective of the fact whether they are provided official cycles including repairs at Government expense or not.

Note 1.This allowance shall also be admissible while on leave of any kind except extraordinary leave.

Note 2.The orthopaedically handicapped Government employees of Group D are entitled to draw both the cycle allowance and the conveyance allowance.

Rule 21. Special allowance to certain group 'D' employees.

(1)     Sweeper or Safai Karamchari

Special allowance @ Rs. 350/- per month or at the rate prescribed from time to time by the competent authority shall be admissible to Sweeper or Safai Karamchari.

(2)     Peon-cum-Chowkidar

All Group 'D' employees holding dual posts of Peon-cum-chowkidar, Peon-cum-Mali, Chowkidar-cum-Mali shall be entitled to special allowance @ Rs. 200/- per month or the rate prescribed from time to time by the competent authority.

Note.During extraordinary leave this allowance shall not be admissible.

Rule 22. Conveyance allowance to blind and orthopaedically handicapped Government employees.

(1)     A Government employee working on regular basis, who is declared
 

(i)       blind or having vision less than 3/60 of field vision less than 10 in both eyes by the Head of Ophthalmological Department of a Government Civil Hospital; or

(ii)      orthopaedically handicapped with a minimum of 40% permanent partial disability of either upper or lower limbs by the Head of Orthopaedics department of a Government Civil Hospital; or

(iii)     orthopaedically handicapped with overall minimum 50% permanent partial disability of both upper and lower limbs together by the Head of Orthopaedics department of a Government Civil Hospital; or

(iv)    suffering from the Spinal deformity causing permanent partial disability of above 40% by the Head of Orthopaedics department of a Government Civil Hospital;

shall, subject to provisions in these rules, be entitled to a conveyance allowance at the rate of 10 per cent of basic pay subject to minimum Rs. 1,000/- and maximum Rs. 2,000/- per month or as prescribed from time to time. The dearness allowance at the prevailing rate shall also be admissible on conveyance allowance.

(2)     No conveyance allowance shall be admissible to

(i)       one eyed (partially blind) Government employee; or

(ii)      those who covered under these rules but have been provided with the facility of vehicle at Government expenses for journey between office and residence.

Note. For the purpose of assessing of disability, the standards as contained in the Manual for Orthopaedic Surgeon in Evaluating Permanent Physical Impairment brought out by the American Academy of Orthopaedic Surgeon U.S.A., and published on their behalf by Artificial Limbs Manufacturing Corporation of India, G.T. Road, Kanpur, shall apply.

Rule 23. Competent authority and procedure for grant of conveyance allowance to Blind and orthopaedically handicapped Government employees.

(i)       The Head of Department concerned shall refer the case of the concerned Government employee to the Head of Ophthalmological or Orthopaedics department, as the case may be, of a Government Civil Hospital for obtaining their recommendations for the grant of conveyance allowance. In case he is declared blind or orthopaedically handicapped of the prescribed degree of disability, he shall be granted conveyance allowance with effect from the date of certificate of the appropriate medical authority.

(ii)      The travelling allowance shall be admissible to the Government employee for the journey performed for obtaining recommendations of the appropriate medical authority.

(iii)     The fee charged, if any, by the Government Hospital shall be reimbursable.

(iv)    The period spent to obtain medical examination and also for journey performed for the purpose shall be treated as duty.

Rule 24. Conveyance allowance to other Government employees.

(1)     Conveyance allowance to Medical Officers.

Conveyance allowance @ Rs. 500/- per month shall be admissible to the Medical Officers which may be granted by Head of Department subject to following conditions:-

(i)       Only the specialists working in the 60 bedded or above hospitals would be entitled to this allowance;

(ii)      These specialist must be residing outside the campus of the hospitals in private accommodations. The residence so acquired should be situated at a distance of at least five Kilometer of the hospitals;

(iii)     Only such specialists would be entitled to conveyance allowance who are often called for emergency duties.

(2)     Conveyance allowance to personal assistant and private secretaries.

Conveyance allowance @ Rs. 500/- per month shall be admissible to the Personal Assistant and Private Secretaries, Secretaries etc. posted with Head of Department or in Haryana Civil Secretariat which may be granted by the Head of Department.

Note. No conveyance allowance shall be admissible to those who have been provided with the facility of Government vehicle for journey between office and residence;

Rule 25. Entitlement of children education allowance.

(A)     For children of Government employee in service

A Government employee, on production of self-attested certificate quarterly in each academic year, shall be entitled to draw children education allowance which shall be admissible in lieu of reimbursement of tuition fee, admission fee, laboratory fee, library fee, games/sports fee, expenditure on purchase of text books and notebooks, uniforms etc. and subject to following conditions:-

(1)      This allowance shall be admissible @ Rs. 750/- p.m. (or Rs. 9,000/- p.a.) per child for education of first two eldest children from classes nursery to twelfth (+2 level) or upto two years of any Diploma Course after 10th Class from a recognized School/Institution, including studying through correspondence or Distance Learning.

Note. Nursery means two Classes prior to Class I irrespective of the nomenclature.

(2)      Where the number of children exceeds two as a result of second child birth resulting in twins or multiple birth, they all shall be included in the eldest two children for the purpose of these rules.

(3)      Where a Government employee has more than two children in his family, switching over from one child to other shall not be permissible.

(4)      This allowance shall be admissible upto the date of attaining the age of 20 years or class of 10+2 whichever is earlier irrespective of the fact that the child fails in a particular class.

(5)      Where the eligible child being physically/mentally handicapped studies in any institutions aided or approved by the Central/State Government/Union Territory Administration or whose fees are approved by any of these authorities, this allowance shall be admissible upto 22 years of age of the child or till the time of passing +2 class, whichever is earlier.

(6)      It may be drawn quarterly/half-yearly/yearly.

(7)      Where both husband and wife are in service in any Department/Organization (under the control of any Government or not) where there is any scheme of children education allowance for their employees, only one of them can avail children education allowance from his/her respective Department/Organization. A declaration to this effect shall be furnished by the concerned Government employee at the time of production of self-attested certificate that my spouse has not claimed and will not claim such allowance.

(8)      It shall also be admissible to the eligible Government employee during the period of leave or suspension.

(9)      The Drawing and Disbursing Officer shall be competent to draw and disburse the children education allowance. The expenditure shall be charged to Object Code '01-Salaries'.

(B)     For children of deceased Government employee

In the case of death while in service, the children education allowance for first two children shall also, subject to eligibility, be admissible till such time the deceased Government employee would have actually received the same had he been alive, provided the spouse of deceased Government employee is not employed in any Department/Organization under the control of any Government including Government of India. Thereafter fee on account of tuition fee and laboratory fee equal to the fee of Government Institutions or actually paid, whichever is less, shall be reimbursed for the first two children who are studying in Government or Government Aided or recognized College/Institutions upto the Degree level.

Note. The expenditure shall be charged to Object Code '79-Ex-gratia'.

Rule 26. Grant of non-practising allowance.

Non-practising allowance admissible to specific categories of the Government employees shall be regulated as under:-

Non-practising allowance shall be admissible at the rate of 25 per cent of basic pay or at the rate prescribed by the competent authority from time to time provided the basic pay plus non-practising allowance shall not exceed the prescribed limit which is at present Rs. 85,000/- per month.

Rule 27. Allowances during the period of re-employment.

Except as otherwise provided in the terms and conditions of re-employment after retirement, if pay has been fixed in a Pay Scale

(1)     House rent allowance shall be computed as under:-

(2)     Dearness allowance shall be admissible on pension and actual basic pay of re-employed post separately.

(3)     Travelling allowance shall be admissible according to pay scale of the post held.

(4)     Other allowances shall be admissible on the actual basic pay of re-employed post plus portion of the pension not ignored at the time of fixation of pay.

Illustration. Mr. 'A' was re-employed in service after superannuation. The last basic pay drawn by him was Rs. 40,000 and his basic pension has been fixed Rs. 20,000. He was re-employed by the competent authority on the post last held or on any other post of the same pay scale and his pay was fixed last pay drawn minus pension (i.e. 40,000 minus 20,000 = 20,000/-). During the period of re-employment he shall be entitled to dearness allowance on Rs. 20,000/- but house rent allowance on Rs. 40,000/-. He shall also draw dearness relief on pension separately. For the purpose of travelling allowance he shall be entitled to draw the same which is admissible to a Government employee drawing pay Rs. 40,000/-.

CHAPTER-IV RECOVERY OF LICENCE FEE AND RENT OF GOVERNMENT ACCOMMODATION

Rule 28. Licence fee of Government accommodation.

(1)     A Government employee of Haryana or any other Government who is allotted Government accommodation while serving under the administrative control of a Department of Haryana Government shall be recovered licence fee at the following rate or at the rate prescribed from time to time by the competent authority:-

Explanation. Licence fee shall be recovered at the prescribed rate keeping in view the category of house/Government accommodation allotted to the Government employee concerned.

(2)     When Government employee of other Government occupies a residential accommodation provided by his parent Government he shall not be entitled to house rent allowance. The licence fee shall be paid to the parent Government equal to the amount of house rent allowance of the concerned Government employee + licence fee which may have been recovered from the salary of the Government employee concerned had he been allotted Government accommodation by the Haryana Government.

(3)     If on transfer to other station or repatriation to his parent Government, the residential accommodation allotted by Haryana Government is not vacated by the Government employee upto the prescribed period, the penal rent as prescribed from time to time shall be recovered from the Government employee concerned through his parent Department/Government.

Rule 29. Licence fee on allotment of house by the railway administration or vice versa.

When Haryana Government employee occupies a residential accommodation provided by Railway Administration or Railway Officers occupies residential accommodation provided by the Haryana Government, he shall not be entitled to house rent allowance. The licence fee shall be paid to, or recovered from, the Railway Administration equal to the amount of house rent allowance of the concerned Government employee + licence fee which may have been recovered from the salary of the Government employee concerned had he been allotted Government accommodation by the Haryana Government or Railway Administration, as the case may be.

Rule 30. Non-payment of licence fee if exempted under any law.

Nothing contained in these rules shall so operate as to require payment of licence fee/rent, for the occupation of residence allotted to a Government employee who has been exempted from such payment under the provisions of law or in whose case the amount or rent so payable is prescribed by law for the time being in force. Exemption is applicable upto the prescribed period after that penal rent as applicable shall be charged.

Rule 31. Capital cost of building for assessment of licence fee and rent.

(i)       For the purpose of assessment of licence fee and rent, the capital cost of a building owned by Government shall be worked out by the Public Works Department (B & R), Haryana, as per prevailing norms applicable at that time.

(ii)      Capital cost for assessment of rent and licence fee shall be revised after a period of five years.

Rule 32. Valuation of the Government accommodation.

When the Collector's rate(s) for the present value of a Government accommodation and of the site on which it stands is unknown, the value of the residence and of the site shall be estimated separately by the competent authority of Public Works Department (B & R), Haryana, as per prevailing norms applicable at that time.

Rule 33. Revaluation of residences.

A competent authority by recording specific reasons may at any time revaluate the capital cost of any or all residences within a specified area computed under these rules.

Rule 34. Valuation of sanitary and supply of water and electricity.

In assessing the cost of a building, the cost of sanitary, water supply and electrical installation shall be included.

Rule 35. Calculation of standard rent of a leased residence or residence owned by Government.

The standard rent of a leased residence or the residence owned by Government shall be assessed and fixed by the competent authority of the Public Works Department (B & R) Haryana under whose jurisdiction the building is located.

Rule 36. Revision of standard rent.

Save as otherwise provided in these rules or any other rule, the standard rent of a residence may be recalculated by the Public Works Department (B & R) after the expiry of every five years from the date of last calculations or whenever it may think proper.

Rule 37. Standard rent of residence gifted to Government.

In the case of the residence gifted to the Government, or released on a nominal rent or on a rent free basis to the Government, the standard rent shall be the same as in the case of a residence owned by the Government.

Rule 38. Exclusion of minor additions and alterations.

Except as otherwise provided in these rules, when the standard rent of a residence has been calculated, minor additions and alterations may be made without the rent of the residence being increased subject to the following conditions:-

(i)       the total cost of such additions and alterations shall not exceed five per cent of the capital cost on which the standard rent was last calculated; and

(ii)      such additions and alterations shall be made within five years after the last calculation on the standard rent.

Rule 39. Additional licence fee of additions or alterations made on request of allottee.

Where any additions or alterations are made at the specific request of an officer to whom the residence has been allotted, additional licence fee, if necessary, may be charged from him.

Rule 40. Timely information regarding increase of rent.

It is the duty of the authority competent to allot the residence or Executive Engineer to give timely notice to the tenant concerned of the increase in rent. Omission, however, on his part to give such intimation in any case shall not constitute a reason for the enhancement of rent taking effect from a date later than that on which it is due under the above rule.

Rule 41. Recovery of provisional rent.

If a building is actually occupied prior to the closing of the accounts of expenditure on its construction, acquisition or equipment, rent is nevertheless chargeable from the date of occupation and shall be fixed provisionally with the sanction of the competent authority. The rent, thus fixed provisionally while the accounts are open, is subject to revision with retrospective effect when they are closed and no remission of rent on this account can be made save with the sanction of the competent authority.

Rule 42. Conditions of tenancy and rent payable by Government employee.

 When a Government employee is allotted a residence leased or owned by Government, the following conditions shall be observed:-

(a)      the scale of accommodation allotted shall not, except at the Government employee's own request, exceed that which is appropriate to the status of the occupant;

(b)      unless otherwise expressly provided in these rules, he shall pay licence fee at the prescribed rate or standard rent as provided in these rules, whichever is less;

(c)      in case a Government employee entitled for higher type of accommodation but allotted the accommodation of a type below to his entitlement or residing in such a accommodation, the rent shall not be recovered more than the maximum rent working out for that type of accommodation.

(d)      The Government employee shall not be liable to pay any municipal and other taxes payable by Government in respect of the residence being in the nature of house or property tax.

(e)      The Government employee to whom a residence is allotted, is responsible for ensuring the recovery of licence fee/rent from him, under these rules, during the period of occupation of residence unless exempted by competent authority.

(f)       Notwithstanding anything contained in these rules, the competent authority may direct to recover the licence fee at higher rate from any Government employee but not exceeding three per cent of his monthly emoluments.

Rule 43. Entitlement of government accommodation.

The entitlement of different types of Government accommodation to Government employees shall be determined as per pay range given below:-

Note. Actual total area and plinth area may vary from one location to another on any reason.

Rule 44. Rent free accommodation and waiving or reducing the amount of licence fee/rent.

(1)     In special circumstances, for reasons to be recorded in writing, the Administrative Department may by general or special order

(a)      grant rent free accommodation to any Government employee or class of Government employees; or

(b)      waive off or reduce the amount of rent to be recovered from any Government employee or class of Government employees.

Note 1. A list of Government employees who are entitled to rent free accommodation under this rule is given in Annexure appended to this rule.

Note 2. A Government employee entitled to rent free accommodation and have not been provided with, shall be granted house rent allowance as per rate of the place of posting.

(2)     The concession of rent-free accommodation shall not carry with it the free supply of water, electric energy and additional facilities, the cost of which must be defrayed by the Government employee himself. The rent of water and electric meters shall also be paid by the Government employee.

Annexure

(See rule 44)

List of Government employees entitled to rent free accommodation.

The Government employees mentioned in column 3 of the table below are entitled to rent free accommodation subject to the conditions, if any, given in column 4: -

Rule 45. Recovery of additional rent of additional facilities.

(a)      Where additional facilities such as furniture, LCD, refrigerator, geyser etc. at the cost of Government are provided at the residence allotted to a Government employee, the additional rent may be charged for these facilities, as under:-

(i)       the annual rent at the rate of 10% of the total cost of the article(s);

(ii)      the rent shall be expressed as a monthly rent and shall be one-twelfth of the annual rent.

(b)      In case residence is provided with water and electricity connection, the Government employee shall pay charges for such services as being charged by the concerned authorities.

Rule 46. General rules for normal licence fee of Government accommodation.

(1)      The licence fee at normal rate for the allotted accommodation shall be charged from the allottee from the date of possession. The process of allotment shall be deemed to be completed on taking possession of the residence by the allottee.

(2)      The period of allotment of Government accommodation is determined from the date of possession of residence till the allottee becomes ineligible for retaining the allotted residence on account of different situations such as transfer, retirement, death, dismissal/removal from service, cancellation/surrender of residence etc.

(3)      The Government employee shall not be permitted under any circumstances to sublet the residence allotted to him.

Rule 47. Retention of Government accommodation under various circumstances.

Government employee shall be entitled to retain the Government accommodation on normal licence fee in the following circumstances:-

Note 1.Where a residence is retained, the allotment shall be deemed to be cancelled on the expiry of the admissible concessional period and penal rent at the rate prescribed in rule 48 shall be recovered.

Note 2.Government employees enjoying rent free accommodation shall also be allowed to retain the rent free accommodation for the concessional period.

Rule 48. Penal rent on over staying beyond the permissible period.

In case of overstaying Government accommodation beyond the permissible period the rate of penal rent shall be as under:-

In addition, proceedings under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 shall also be initiated, if the Government accommodation is not vacated upto the prescribed period.

Rule 49. Penal rent and Market rent on subletting Government accommodation.

(1)     On subletting Government accommodation, the Government employee shall be liable to pay penal rent equal to the amount of 500 times of licence fee, or as prescribed from time to time, for a period of first three months and thereafter five times of market rent, or as prescribed from time to time, or 500 times of licence fee, whichever is higher, as fixed by the Committee.

(2)     He shall also be debarred from getting Government accommodation in future for a period of five years and in addition, proceedings shall be instituted against him under

(a)      the Haryana Civil Services (Punishment and Appeal) Rules, 2016; and

(b)      the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972.

CHAPTER-V HONORARIUM AND FEE

Rule 50. Grant of honorarium.

Subject to provisions in these rules, a competent authority may grant or permit a Government employee to receive honorarium as remuneration for work performed which is occasional or intermittent in character and either so laborious or of such special merit to justify a special reward for it. Sanction to the grant or acceptance of an honorarium shall not be given unless the work has been undertaken with the prior consent of the competent authority.

Note 1. Administrative Secretary and Head of Department are competent to grant honorarium upto Rs. 10,000/- and Rs. 2,000/- respectively to an individual during a financial year.

Note 2. Chairman of the Public Service Commission is competent to grant honoraium up to Rs. 5,000 in each individual case during a financial year in the case of Government employee appointed as Examiner, Supervisor or Invigilator in connection with the examination held by the Haryana Public Service Commission.

Rule 51. Grant of honorarium to an employee of other Department.

Subject to provisions in these rules, where an honorarium is to be granted to a Government employee by a Department other than his parent department, sanction to grant and acceptance of the honorarium shall be given by the competent authority of the department paying the honorarium after obtaining the concurrence of the parent department of the Government employee.

Exceptions. A Government employee may without the sanction of the competent authority of parent department accept remuneration upto any amount for work connected with

(i)       an examination conducted by Union/State Public Service Commission, Union/State Department; and

(ii)      election duty and granted by the Election Commission of India or State.

Rule 52. Responsibility of authority sanctioning honorarium.

(1)     The sanctioning authority shall record in writing that due regard has been paid to the general principle enunciated in these rules and reasons which in his opinion justify the grant of the extra remuneration.

(2)     The grant of an honorarium shall be carefully controlled by Government and scrutinized by audit and that audit shall be given an effective opportunity for comments if it be deemed necessary. The Principal Accountant General (A & E), Haryana may, therefore, require that the reasons for the grant of an honorarium should be communicated to him in each case.

Note. No honorarium shall be granted to gazetted officers engaged on work in connection with the setting up of companies, corporations, etc, which forms a part of their normal duties even if they work beyond office hours.

Rule 53. No honorarium for service of ordinary duties.

When the service rendered falls within the course of the ordinary duties of the Government employee performing it, the test of special merit prescribed in rule 50 shall be applicable.

Note. A service rendered by a Government employee is said to be 'within the course of the duties' of that Government employee when it is of the same nature as that for which his regular employment exists. The test that shall be applied in deciding any particular case is to determine whether the service rendered is such as the Government employee habitually performs in the course of his ordinary duties. A service does not cease to be within the course of the duties of the Government employee because it has been rendered for an object not concerned with the usual operations of his department or involves an unusual expenditure of labour.

Rule 54. Acceptance of fee when summoned by Court.

A competent authority may permit a Government employee to accept a recurring or nonrecurring fee as remuneration for performing a specified service or series of service for an Organization, provided it does not fall within the course of ordinary duties and is not detrimental to his official duties or responsibilities.

Note 1. The following authorities are competent to sanction the acceptance of fee during a financial year:-

Note 2.The Personal Assistant/Private Secretaries/Stenographers etc attached to the officers nominated as Chairpersons, Managing Directors and Members of the Board of Directors of certain Organizations shall not be allowed any additional remuneration from the Organizations, when the officers with whom they are attached are allotted duties on the Board of Directors of Organizations as part of their normal functions.

Rule 55. Retention of fee by a Government employee.

When a Government employee is summoned by Court to give his expert opinion in view of his special skill or to identify handwriting, finger impressions etc. as an evidence or witness, if he is summoned at the instance of

(a)      the Government; he shall be treated on duty and be paid TA/DA;

(b)      a private person or party, such attendance in the Court shall be regarded as private practice of the nature of expert evidence, and the Officer may accept fee prescribed by the Court with the sanction of the competent authority. TA/DA of the officer shall be paid by the private person/party at whose instance he may have been summoned.

Rule 56. Exemption to crediting one third of the amount to the Consolidated Fund.

Save as otherwise provided in these rules, a Government employee may, subject to approval of the competent authority, retain the full fee (recurring and non-recurring separately) received by him upto Rs. 8,000/- during a year. Where the fee exceeds Rs. 8,000/- per annum, 1/3rd of the fee received shall be deposited in the consolidated fund subject to the condition that fee retained by a Government employee does not fall short of Rs. 8,000/-. The limit of Rs. 8,000/- shall be applied in each individual case, if the fee is received of non-recurring nature and in case of recurring nature, the limit should be applied on the total fee received in a financial year:

Provided that where a fee is paid for work done during the time which may otherwise be spent in the performance of official duties, the entire fee must be credited to Government, unless the competent authority for special reasons which shall be recorded, directs otherwise.

Note 1.Fee does not include conveyance allowance, if any, received by the Government employee.

Note 2.Fee received by Government employee for giving expert evidence on technical matters before a court of law shall also be governed by this rule.

Rule 57. Exemption to Crediting One third of the consolidated fund.

(1)     The fee received by a Government employee from the following institutions is exempted from the operation of these rules, provided the work for them is done during the time which shall not be otherwise spent in the performance of official duties:-

(1)     Society for the Prevention of Cruelty to Animals;

(2)     Indian Roads Congress;

(3)     India Cattle Show Committee;

(4)     Inter-University Board;

(5)     Indian Red Cross Society;

(6)     Bharat Scouts and Guides Haryana (Exemption relates only to fee received by Government employees for doing clerical work);

(7)     Child Activity Centers;

(8)     Bharat Sewak Samaj.

(2)     The following income received by a Government employee shall not be subject to crediting one third of the amount to the Consolidated Fund of State, namely:-

(a)      writing or reports, papers or study reports on selected subject for international bodies like United Nations Organization, United Nations Educational Scientific Cultural Organization etc;

(b)      fees received from statutory bodies like institute of Chartered Accountants and Haryana Institute of Public Administration;

(c)      when a Government Department undertakes the works for a non-Government Organization in its turn assigns the work to the officials suited for the purpose and pays them at rates approved by Government;

(d)      income from books, articles, papers and lectures on literary, cultural, artistic, technological and scientific subjects including management sciences;

(e)      income from essential participation in sports, games and athletic activities as players, referees, umpires or managers of the team;

(f)       income derived from exploitation of a patent for an invention taken out by a Government employee with the permission of competent authority.

Exception.- In case a Government employee is permitted to participate in sports activities and accepts payment as a professional, the income derived there from shall continue to be subject to the deduction under these rules.

Rule 58. Fee for work relating to examination.

Government employees who are authorized to undertake work of examining and setting papers in respect of University, Education Board or any Institution or deputed as Supervisors/Invigilators etc. may accept remuneration thereof up to any amount:

Provided the work is undertaken outside the normal hours of duty. In such cases the employee can retain a maximum amount of Rs. 8,000/- in a financial year without depositing any amount to Government. The fee in excess of Rs. 8,000/- in a financial year shall be shared between the Government employee and Government in the ratio of 2:1, i.e. one third of the amount in excess of this limit shall be credited into Government account.

Note. This provision shall not be applicable when fee is received by Government employees for acting as Examiners of any University under the Haryana Government. In their case the orders regarding the sharing of fees would apply only to the fees received by them for acting as Examiners of the outside Universities and Bodies.

Rule 59. Fee received as an Arbitrator.

The fee received by a Government Officer for acting as an Arbitrator in a dispute arising between contractors and Government Department/Agency relating to a contract shall be apportioned between the Government, the officer and the staff employed in that connection as follows:-

Note. No Government officer shall, however, be allowed to draw more than Rs. 1,500/-(Rs. One thousand and five hundred only) in any one arbitration case without the prior approval of Government.

Rule 60. Scholarship or any other income during study leave.

Any scholarship or stipend received during study leave or otherwise, by a Government employee from a source other than the Consolidated Fund of India or a State for the purposes of prosecuting a course of studies or receiving specialized training in professional or technical subjects shall not be subject to deposit 1/3rd portion over and above the prescribed amount. However, this provision shall continue to apply, unless specially relaxed to the payments received by a Government employee as a result of full time or part time employment undertaken by him.

Rule 61. Income which does not cover under fee.

 The term fee contained in these rules shall not include the following income and therefore, no special sanction is necessary: -

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

(b)      income from literary, cultural, artistic, scientific or technological efforts.

Exceptions. The acceptance of income from the following shall be treated a fee: -

(i)       sale proceeds or royalties on a book which is mere compilation of Government rules, regulations and procedures;

(ii)      income derived by performing clerical, administrative or technical functions for private bodies including those engaged in literary, cultural, artistic, scientific, charitable or sports activities.

Rule 62. Retention of amount of any reward.

Except as otherwise provided by a general or special order of the competent authority, a Government employee is eligible to receive and to retain without special permission, any reward-

(a)      for any essay or plan in public competitions;

(b)      offered for the arrest of a criminal or for information or special service in connection with the administration of justice;

(c)      payable in accordance with the provisions of any Act or rules or regulation framed thereunder;

(d)      sanctioned for services in connection with the administration of the customs and excise laws; and

(e)      fees payable to a Government employee for duties which he is required to perform in his official capacity under any special or local law or by order of Government.

Rule 63. Non-acceptance of fee from an Organization.

A Government employee, who in his official capacity, is nominated as Chairperson, Managing Director or Member of an Organization under the control of Haryana Government shall not accept any fee or other remuneration which is admissible to non-Government employees for attending a meeting of the institution concerned or for performing other work thereof.

Annexure-A

Note.Interim Relief-I @ Rs. 100/- p.m. for all Government employees w.e.f. 16.06.1993 and Interim Relief-II @ 10% of basic pay but minimum Rs. 100/- p.m. w.e.f. 01.04.1995.