HOUSE RENT ALLOWANCE RULES

PREAMBLE

[1][In exercise of the powers vested in them under Rule 42 of the Rajasthan Service Rules, the Governor hereby makes the following rules for the grant of House Rent Allowance to Government servants:-

Rule - 1. Applicability.

(1)     These rules shall apply to all Government servants.

(2)     These rules shall not apply to:

(i)       staff employed on daily wages or work-charged employees.

(ii)      officers employed on contract unless specific term in regard to admissibility of House Rent Allowance has been provided in the terms of contract.

(3)     These rules shall come into force with immediate effect.

Rule - 2. Definitions.

For the purpose of these rules:

[2][(1) 'Basic Pay' means pay as defined in Rule 7(24)(i) of the Rajasthan Service Rules.

Note: In the case of employees who are drawing pay in the scales of pay which prevailed prior to 1.9.1996, the basic pay in the Pre-revised Pay Scale will include amount of Dearness Allowance at the rates in force on 1.1.1996, amount of first and second installments of Interim Relief appropriate to that basic pay.]

(2)   'Family' means a Government servant's wife/husband, child and other persons residing with and wholly dependent upon him/her. A husband/wife/child/parent having independent source of income is not treated as dependent upon him except when he is in receipt of a pension including pension equivalent of death-cum-retirement gratuity or other retirement benefit not exceeding Rs. 500/- per month.

(3) 'Government' means Government of Rajasthan.

Rule - 3. When not Admissible.

The House Rent Allowance shall not be admissible to a Government servants:

(1)     (a) who is occupying Government owned or leased or requisitioned accommodation or on sub-sidised rates in Government building i.e. Circuit Houses, Dak-bungalows, Hostels owned by Government etc.

(b) who is occupying accommodation belonging to Devasthan Department or any other Government Department.

(c) who is occupying accommodation belonging to U.I.T./Municipality/Local Fund Bodies or any other Autonomous body.

(2)     Who accepts allotment of Government accommodation, from the date of occupation, or from eighth day after the date of allotment of Government accommodation, whichever is earlier.

(3)     (a) who shares Government accommodation, allotted rent free to another Government servant or who resides in accommodation allotted to his wife/her husband or to his/her parents/son/daughter by the Government or autonomous public undertakings or bodies or Corporation or semi-Government Organizations such as Municipalities etc.

(b) If his wife/her husband has been allotted family accommodation at the same station by the Central Government, State Government or Autonomous Public undertakings or Body or Corporation or semi-Government Organisation such as Municipalities etc.

Rule - 4. When Admissible.

(1)     (i) A Government servant who is living in a rented accommodation shall be entitled to house rent allowance at the rates mentioned in Rule 5 of these rules.

(ii) House Rent Allowance as per clause (i) will however be admissible on furnishing a certificate to the effect that he is incurring some expenditure on rent/contributing towards rent. In case, the accommodation hired is sub-let to one or more persons, whether Government servant(s) or not, and the actual rent charged by the Government servant is equal to or exceeds the amount of rent being paid to the land lord, it would be deemed that the Government servant is incurring no expenditure on rent nor contributing towards rent.

(2)     A Government servant living in a house owned by him/her, his wife/her husband, children, father or mother or in a house owned by a Hindu undivided family in which he is a co-parcener shall be entitled to house rent allowance at the rates mentioned in Rule 5 of these rules, subject to his furnishing certificate that he is paying/contributing towards house or property tax or maintenance of the house.

Clarification. A Government servant living in a house purchased on hire purchase basis from the Rajasthan Housing Board shall be deemed to be owning a house for the purpose of these rules.

(3)     In case where husband and wife both are in service of Government at the same station and are living together in the rented/owned accommodation, both of them shall be entitled to House Rent Allowance at the rates mentioned in Rule 5 of these rules, subject to fulfillment of other conditions for drawal of the allowance i.e. furnishing of certificate as required in clause (ii) of sub-rule (1) or sub-rule(2) as the case may be and making of an application as required in sub-rule (4).

(4)     The allowance shall be granted to a Government servant from the date of occupation of the rented/owned accommodation, on making an application in accordance with the procedure prescribed under these rules; provided that if the said application is not made within one month of the date of occupation of the accommodation or admissibility, the allowance shall be admissible from the date of application.

(5)     In case of a Government servant who owns a house at a place of duty but resides in a rented house instead, house rent allowance shall be paid in respect of the rented house.

Rule - [5. Rate of House Rent Allowance and classification of Cities/Towns.

(1)     The House Rent Allowance to a Government servant if admissible under these rules shall be granted within the corporation/municipal/urban agglomeration limits of places mentioned in sub-rule (2) and at unclassified places at the rates indicated below:-

(2)     The classification of cities/towns for the purpose of grant of House Rent Allowance under sub-rule (1) shall be as under: -

Government of Rajasthan's Decision

[7][1. Consequent upon revision of Pay Scale of State employees w.e.f. 1-9-1996, the Governor has been pleased to order that the Government servants shall continue to draw the following allowances and avail themselves of facilities etc. as per the existing order on the basis of notional pay in the pre-revised scale till further orders:-

1. House Rent Allowance

2. Compensatory (City) Allowance

3. Travelling Allowance

4. Project Allowance and Desert Allowance

5. Medical facility

6. Beas Project Allowance

7. Deputation Allowance

8. Dual Charge Allowance

9. Honorarium

10. House Building Advance

11. Conveyance Advance.][8]

Rule - 6. Regulation of House Rent Allowance in different circumstances.

The drawal of House Rent Allowance shall be regulated as follows in the following cases:-

(a)      During Leave or Temporary Transfer: A Government servant shall be entitled to draw house Rent Allowance during leave or temporary transfer at the same rate at which he was drawing before proceeding on leave.

Note: (1) 'Leave' means total leave of all kinds not exceeding 120 days and the first 120 days of the leave if the actual duration of the leave exceeds that period and in the case of leave preparatory to retirement, privilege leave not exceeding 120 days taken as leave preparatory to retirement, but does not include extra-ordinary leave, study leave and refused leave/terminal leave whether running concurrently with notice period or not. When vacation or holidays are combined with leave, the entire period of vacation or holidays and leave should be taken as one spell of leave.

(2) The limit of 120 days referred to in 'Note 1' shall be extended to 240 days for the purpose of grant of this allowance in case of a Government servant suffering from T.B., Cancer, Leprosy or a Mental disease during the period of his leave taken on medical certificate from a Senior or Junior Specialist or an officer of the Rajasthan Medical Service (Collegiate Branch), speciality in the disease, irrespective of the fact whether the leave is on medical certificate from the very commencement or in continuation of other leave as defined in Note 1.

(3) 'Temporary transfer' means a transfer to duty in another station, which is expressed to be for a period not exceeding four months. For purposes of this rule it includes deputation. Subject to the limit of four months, the total house rent allowance, if the temporary duty is subsequently extended beyond four months in all, will remain intact upto the date of the order of extension.

(b)      During Joining Time:

(i)       A Government servant shall be entitled to draw house rent allowance during joining time at the same rates at which he was drawing at the station from which he was transferred. Where, however, joining time is affixed to leave, joining time shall be added to the period of four months/120 days referred to in Note 1 below clause (a) above unless in any case it is otherwise expressly provided.

(ii)      A Government servant who was in receipt of house rent allowance at his old station and who, on transfer leaves his family behind at the old station because he has not occupied a rented/own house or had not been allotted Government accommodation at the new station, will be eligible for house rent allowance at the rate at which it was drawn by him at the old station for a period of 6 months from the date of his assumption of charge at the new station (irrespective whether the rate of house rent allowance at the new station is lower than the rate at the old station) or till he occupies a rented/own house or allotted Government accommodation at the new station, whichever is the earliest.

(c)      During Awaiting Posting Orders: A Government servant shall be entitled to draw house rent allowance during the period of awaiting posting orders treated as duty.

(d)      During Training within India: A Government servant who is sent on training in India and whose period of training is treated as duty under rule 7(8)(b)(i) of Rajasthan Service Rules shall be entitled to draw house rent allowance during the entire period of such training at the same rates at which he was drawing at the station from which he proceeded on training subject to the conditions that (i) he continues to keep his family at the place from which he proceeded on training (ii) if he does not keep his family at the place from which he proceeded on training, but has not been provided accommodation by the Training Institution either free or at the sub-sidised rates.

(e)      During Training Abroad: A Government servant who is deputed for training abroad by the State Government under various training schemes of Government or operated through non-official channels as a Government sponsored candidate, the house rent allowance shall be admissible during the entire period of training at the same rates at which he would have drawn at the station from which he was deputed for training abroad but for his deputation abroad in accordance with Government of Rajasthan Decision No. 1 below Rule 51 of Rajasthan Service Rules.

(f)       During Re-employment: The drawal of house rent allowance shall be regulated as indicated below:-

(i)       if the pay plus pension exceeds the maximum pay of the post in which re-employed, the allowance shall be calculated on that maximum.

(ii)      if the pay on re-employment is fixed without taking into account the entire amount of pension or part thereof the amount of pension so ignored shall not be taken into account for the purpose of grant of house rent allowance.

(iii)     in all other cases the allowance shall be calculated on pay plus pension.

Note:- For the purpose of clause (f) 'pension' means gross pension including other retirement benefits, if any.

(g)      During Suspension: A Government servant shall be entitled to draw house rent allowance at the rates at which it was paid to him on the date of suspension subject to fulfillment of conditions laid down in rule 53(b) of Rajasthan Service Rules.

Note:- 1. If the Headquarters of the Government servant under suspension are changed in the public interest by orders of the competent authority, he shall be entitled to get house rent allowance as admissible at the new station irrespective of the fact whether he was getting house rent allowance on the date of suspension or not. The house rent allowance shall be calculated with reference to pay he was drawing on the date of suspension.

2. A Government servant under suspension who was in receipt of house rent allowance and whose headquarters are changed at his own request shall be entitled to house rent allowance at the new station at the rates at which he was drawing house rent allowance at the old station or as admissible at the new station, whichever is less.

Rule - 7. Regulation of House Rent Allowance in case of Government servants posted outside the State.

The Government servants posted outside the State shall be entitled to House Rent Allowance as follows:-

(1)     In cases where a Government servant posted outside the State is provided with residential accommodation by the Government in a building taken by the Government on hire or lease basis, he shall be required to pay rent at the rates laid down under Rajasthan Civil Services (Determination and Recovery of Rent of Residential Accommodation) Rules, 1958.

(2)     Where the accommodation is not provided by the Government for residential purpose, a Government servant shall be entitled to house rent allowance in accordance with house rent allowance rules applicable to Central Government servants or according to the house rent allowance rules of the State concerned, whichever is advantageous to him.

Rule - 8. Certificates.

(1)     Every Government servant shall furnish alongwith his first claim for house rent allowance a certificate in the form given in Annexure 'B'. If, however, there is a change in any of the provisions of the certificate last given, resulting in increase or decrease of the allowance payable to him, a fresh certificate should be furnished as soon as the change occurs.

(2)     The drawing and disbursing officer shall record the following certificate in January and July on every establishment pay bill in which house rent allowance is drawn by them:-

'Certified that the Government servants for whom House Rent Allowance is drawn in this bill have not been provided with Government accommodation.'

Rule - 9. Procedure for grant of House Rent Allowance.

(1)     Every Government servant who is eligible for grant of house rent allowance under these rules shall make an application in the prescribed form given in Annexure 'A' to the Head of Office and if he is himself a Head of Office/Head of Department to the next higher administrative authority for sanction of House Rent Allowance.

(2)     The Head of Office/Head of Department shall invariably send a copy of the application form submitted by the Government servant to the authority competent to allot Government accommodation so that the names of the Government servant is enlisted for the purpose of allotment of Government accommodation immediately. The house rent allowance shall be sanctioned to the Government servant without waiting for non-availability certificate from the authority competent to allot residential accommodation.

These rules are issued in supersession of all earlier rules prevalent till date. Past cases will not be re-opened and pending cases shall be decided according to the rules prevalent at that particular time.] 

ANNEXURE - 'A'

APPLICATION FORM FOR CLAIMING HOUSE RENT ALLOWANCE IN RESPECT OF GOVERNMENT SERVANTS LIVING IN RENTED ACCOMMODATION OR OWN HOUSE.

1.        Name

2.        Designation & Department in which employed

3.        Pay:-

(i)       pay as per Rule 2(1) of these rules.

(ii)      pay plus pension (for re-employed persons only).

4.        (i) Full address of the house.

(ii) Whether rented or own.

5.        Details of Accommodation (No. of rooms, Kitchen, W.C. and bath varandah etc. be shown separately).

6.        Amount of house rent allowance claimed as admissible under rules.

7.        Whether certificate required under rules are attached.

8.        Date of occupation of the accommodation.

Date............................

Signature............................

Designation.........................

Department..........................

FOR USE IN THE OFFICE OF HEAD OF OFFICE

Certified that:-

(1)     I have examined the claim for house rent allowance and I am satisfied that the claim is in accordance with the rules. The certificates prescribed by Government have been obtained from the Government servant.

(2)     House Rent Allowance of Rs. . ................... is hereby sanctioned.

Signature ............................

(Head of Office)

Designation .........................

Date...........................

No. .............................

Date ....................................

Copy forwarded to XEN/Collector/Dy. Secretary, General Administrative Department, Jaipur for alloting Government accommodation, if available.

Signature............................

Designation.........................

ANNEXURE - 'B'

CERTIFICATES TO BE FURNISHED BY A GOVERNMENT SERVANT WHO IS APPLYING FOR GRANT OF HOUSE RENT ALLOWANCE.

Certified that:-

(1)     I am living in a rented house situated within municipal limits of ..............................

(Name of City/Town) and incurring some expenditure on rent/contributing towards rent.

(2)     The portion of accommodation in respect of which house rent allowance is claimed has not been sub-let/has been sub-let and the monthly rent which is received is Rs. . ............... p.m.

(3)     I am living in a house situated within municipal limits of ......................................... (Name of City/Town) and owned by me, my wife/husband/children/father/mother/Hindu undivided family in which, I am co-parcener and paying/contributing towards house or property tax or maintenance of the house.

(4)     I have not been provided with Government accommodation by the Central Government, State Government or Autonomous public undertakings or Body or Corporation or Semi-Government Organisation such as Municipalities etc.

(5)     I am not living in Government accommodation which has been allotted to another Government servant.

IMPORTANT ORDERS

dated 5.11.1993.

'Office Allowance' to the Patwaries of Revenue Department.

The Governor has been please to order that the Patwaries of Revenue Department who are eligible for rent free 'Patwar Ghar' under proviso to sub-rule (2) of rule 12 of the Rajasthan Land Revenue (Land Records) Rules, 1957, shall be allowed 'Office Allowance @ Rs. 30/- per month for hiring Patwar Ghar in addition to the amount of House Rent Allowance admissible to them in accordance with the provisions of House Rent Allowance Rules subject to the conditions:

(i)       that Patwar Ghar has not been provided by the Government, and

(ii)      one separate room is exclusively maintained by the respective Patwari for the purpose of official work and keeping records.

This order shall come into force with immediate effect.

Order No. F. 12(2)FD(Gr.2)/89

dated 25.7.1998.

'Office Allowance' to the Patwaries of Revenue Department.

The Governor is pleased to order that the existing rate of 'Office Allowance' of Rs. 30/- per month admissible to the Patwaris of Revenue Department, who are eligible for rent free Patwar Ghar under proviso to sub-rule (2) of Rule 12 of the Rajasthan Land Revenue (Land Record) Rules, 1957, under Finance Department Order of even number dated 5.11.1993 shall be revised to Rs. 90/- per month for hiring Patwar Ghar in addition to the amount of House Rent Allowance admissible to them in accordance with the provisions of House Rent Allowance Rules subject to the conditions:

(i)       that Patwar Ghar has not been provided by the Government, and

(ii)      one separate room is exclusively maintained by the respective Patwari for the purpose of official work and keeping records. This order shall come into force with immediate effect.