KARNATAKA GOVERNMENT (ALLOTMENT OF GOVERNMENT QUARTERS) RULES, 1999

PREAMBLE

In exercise of the powers conferred under Rule 75 of the Karnataka Civil Service Rules, the Government of Karnataka hereby makes the following rules to govern the allotment of Government Quarters at Bangalore.

Rule 1. Title and commencement.

(1)     These rules may be called the Karnataka Government (Allotment of Government Quarters) Rules, 1999.

(2)     These rules shall apply to allotment of Government Quarters at Jeevanbimanagar, Vasanthnagar, Jayamahal, Rajajinagar, Jayanagar, Wilson Garden, Thimmenahalli, Yelahanka, Kengeri, R.T. Nagar, Nandini Layout, Koramangala and Rajamahal Vilas Extension, Bangalore and such other quarters as the State Government may acquire in future in Bangalore.

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

Rule 2. Definitions.

(1)     In these rules, unless the context otherwise re-. quires.

(a)      "Allotment" means the allotment of the House Quarters to a Government Servant for residential purpose on payment of licence fee;

(b)      "Academic year" means 1st June to 31st May of the following year;

(c)      "Allottee" means a Government servant to whom a Quarters is allotted under these rules;

(d)      "Family" means a Government Servant's wife or husband, legitimate children and step-children residing with and wholly dependent on the Government servant;

(e)      "Government Servant" means Government Servant belonging to 'A', 'B', 'C' and 'D' Groups serving under the State Government whose service conditions are governed by the Karnataka Civil Service Rules and the officers belonging to All India Services whose service conditions are governed by the Indian Administrative Services, Indian Forest Services and Indian Police Services regulations as the case may be, but does not include Officers of the State Government who are on deputation to the Government of India and persons appointed on contract basis excepting those appointed on such basis to serve in personal establishments of the Chief Minister, other Ministers, the Speaker and the Deputy Speaker of the Legislative Assembly, the Chairman and Deputy Chairman of the Legislative Council and the Government Chief Whips, and who serve under the Government;

(f)       "Government" means the State Government;

(g)      "Old Rules" means the rules of allotment with reference to the houses allotted under.

(i)       regulations for allotment of houses constructed under Rental Housing Scheme issued in Government Order No. PWD 40 PVN 76, dated 22-4-1976;

(ii)      rules for allotment of houses constructed under the Rental Housing Scheme at Thimmenahalli, Jayanagar and Yelahanka Extension, Bangalore issued in Government Order No. PWD 73 PVN 79(H), dated 15-12-1983; and

(iii)     rules for allotment of Government Quarters at Jeevanbimanagar Township, Vasanthanagar and Jayamahal Extension, Bangalore under the R.H.S. (Revised) Rules, 1986, issued in Government Order No. PWD 269 PPM 85, dated 7-8-1986 and quarters at Jayanagar, Rajajinagar, Wilson Garden, Thimmenahalli and Rajamahal Vilas Extension under G.O. No. PWD 222 PPM 87, dated 1-12-1987.

(2)     All other words and expressions used herein and not defined, shall have the meaning respectively assigned to them in the Karnataka Civil Service Rules and the Karnataka Civil Services (General Recruitment) Rules, 1977.

Rule 3. Classification of Quarters.

The quarters available for allotment in Jeevanbimanagar, Vasanthnagar, Jayamahal, Rajajinagar, Wilson Garden, Jayanagar, Thimmenahalli, Yelahanka, Kengeri, Koramangala, R.T. Nagar, Nandini Layout, Rajamahal Vilas Extension Area of Bangalore City, their number, type and location are as set out in the Table below.

TABLE

Provided that not more than 50 quarters of A, B, C and D types as may be specified by an order of the Government/shall be reserved for Karnataka Legislature Secretariat for allotment to its officers and officials.

Rule 4. Entitlement of Allotment.

The Government houses/quarters in Jeevanbimanagar, Vasanthnagar, Jayamahal, Rajajinagar, Wilson Garden, Jayanagar, Thimmenahalli, Yelahanka Extension, Kengeri, R.T. Nagar, Rajamahal Vilas Extension, Nandini Layout and Koramangala Extensions shall be allotted as per classification given below.

Rule 5. Eligibility for allotment.

(1)     The Government servants in service at Bangalore, who do not own house either in their name or in the name of the member of their family at Bangalore shall be eligible for allotment of Government houses/quarters, subject to the Government servant filing an affidavit sworn to in this regard, and subject to the provisions contained in Rule 9.

(2)     Officers/Officials in the service of the Government of India serving at Bangalore and Officers from Government of India, other State Government and autonomous bodies serving at Bangalore shall not be eligible for allotment of Government houses/quarters.

(3)     Application for allotment of Government Quarters for Group-A Officers shall be made to the Secretary to Government, Public Works Department, Karnataka Government Secretariat, Bangalore/in Form I appended to these rules along with an affidavit and the necessary certificate and declaration after the officer has actually reported for duty at Bangalore.

(4)     Applications for allotment of Government Quarters for Groups 'B', 'C' and 'D' Officers/Officials shall be made to the Divisional Commissioner, Bangalore Division, Bangalore in Form II appended to these rules along with an affidavit and the necessary certificate and declaration as in sub-rule (3) above.

(5)     The names of eligible applicants shall be entered in a register maintained for the purpose in the PWD Secretariat/Divisional Commissioner's Office after verification of all details in the application and the affidavit.

(6)     Seniority for allotment of quarters shall be reckoned on the basis of the date of registration:

Provided that where more applicants than one have registered for allotment of quarters on one and the same day, inter se seniority between them shall be fixed taking into consideration their continuous service in Bangalore and the applicant who has put in more service will be placed above the person who has put in less service in Bangalore.

(7)     Separate seniority list as applicable to each category shall be maintained for each group of Government servant as set out in Rule 4.

(8)     An applicant who has registered for allotment of a Government Quarters shall automatically lose his claim for allotment on his transfer outside Bangalore or on acquisition of a house by him or any member of his family and his registration shall stand cancelled from the date of his relief, or from the date of such acquisition of house (as mentioned in Rule 1). Such applicants shall inform the Public Works Department Secretariat/Divisional Commissioner, as the case may be, of the fact of their transfer at once or after acquisition of their own house and seek cancellation of their registration.

(9)     A Government servant who is already in occupation of a Government Quarters allotted to him under the old rules and serving in Bangalore continuously and who does not own a house either in his own name or in the name of any member of his family at Bangalore shall be permitted under sub-rule (10) to be in occupation of such quarters,

(10)   Notwithstanding anything contained in this rule, an allottee to whom a Government Quarters has been allotted shall be permitted to occupy the same for a maximum period specified below unless the allotment ceases in the meantime for any reason whatsoever.

(i)       Group 'A' and 'B' Officers - Five years from the date of allotment:

(ii)      Group 'C' and 'D' Officials - Eight years from the date of allotment:

Provided that in case of a Government servant referred to in sub-rule (9) who is already in occupation of quarters allotted to him under the old rules, the maximum period specified in this sub-rule shall be counted from the date of commencement of these rules.

Rule 6. Allotment Committees.

(1)     Allotment of Government Quarters of 'B' and 'C' Types located in Jeevanbimanagar, Jayamahal Extension, R.T. Nagar, Nandini Layout, R.M.V. Extension and Koramangala, Bangalore meant for Group 'A' Officers shall be made by the Committee consisting of.

(2)     Allotment of Government Quarters of 'A' Type at Jeevanbimanagar and Jayamahal and quarters located at Rajajinagar, Wilson Garden, Thimmenahalli, Jayanagar, Nandini Layout, Koramangala and R.T. Nagar and Yelahanka Extensions.

(a)      meant for Group 'B' employees shall be made by the Committee comprising of.

(b)      meant for Group 'C' and 'D' Officials shall be made by the committee comprising.

(3)     The allotment of Government houses/quarters shall be made strictly on the basis of eligibility dates. Eligibility date shall be the date on which an officer/official becomes eligible for allotment of Government houses/quarters by virtue of his seniority as reflected in the register maintained for the purpose by the respective authorities.

(4)     The allotment order shall stand cancelled in the event of the allottee.

(a)      failing to pay the deposit amount within seven days of the allotment order; or

(b)      failing to occupy the quarters allotted to him within fifteen days from the date of the allotment order.

(5)     While issuing orders regarding allotment of quarters as above, the authorities concerned shall also send a copy thereof to the Accountant General, Karnataka, Bangalore, and the Heads of Departments to enable deduction of rent, penal rent from the salary of the allottee every month.

(6)     The allottee shall, at the beginning of every financial year furnish a declaration to the effect that he has not acquired any house in Bangalore, including Satellite Towns.

Rule 7. Provision for reservation of Government Quarters.

(1)     There shall be reservation under each category of quarters as follows.

(i)       Twenty per cent for allotment to the Officers and Officials belonging to the Scheduled Castes and Tribes;

(ii)      Two per cent for allotment to Officers and Officials who are physically handicapped.

For this purpose, a separate seniority list shall be maintained for applicants in the category of Scheduled Castes, Scheduled Tribes and Physically Handicapped:

Provided that five percent of the quarters in each category shall be reserved for the women employees who are unmarried or widowed for allotment on the basis of separate seniority maintained for the purpose.

(2)     A Government servant who returns to Bangalore from deputation or transfer from outside the State or from other areas of the State shall be eligible for allotment of quarters on tenure basis, if he does not own a house in Bangalore in his own name or in the name of any member of his family. For the purpose of allotment, a combined list of such Government servants who returned to Bangalore from deputation or transfer shall be maintained and while making allotment they shall have priority over other Government servants who are already serving in Bangalore. The Government may, for the purpose of allotment under this sub-rule earmark from time to time such number of quarters in one or more categories.

(3)     A Government servant who returns from deputation or transfer from outside the State but who owns a house in Bangalore in his own name or in the name of any member of his family may be given transit accommodation. The allottee of such transit accommodation shall pay a licence fee equal to the actual rent received by him by renting out his own house and shall not be allowed to continue to occupy the quarters beyond a period of six months. In case the allottee overstays, he shall pay for the period of such overstay a licence fee equal to two times the actual rent received by him by renting out his own house. For the purpose of allotment under this sub-rule, the Government may earmark from time to time such number of quarters in one or more categories.

Rule 8. Co-terminus allotment.

(1)     The Committee may allot Government Quarters out-of-turn to Government servants borne on the establishment of Chief Minister, Deputy Chief Minister, Chairman, Deputy Chairman of Legislative Council, Speaker, Deputy Speaker of Legislative Assembly, Government Chief Whip of either House of the State Legislature, Ministers of State and Deputy Ministers and Secretaries to Government subject to the specific condition that the allotment so made shall be deemed to be terminated as soon as the allottee ceases to be a member borne on such establishment. The number of quarters that shall be set apart for this purpose shall be 100 in the maximum, comprising of all types of quarters. Out-of-turn allotment of Government Quarters, as above shall not however be made to these Government servants who are borne on the establishments mentioned above, if they or any member of their family own a house in Bangalore. However, such co-terminus allotment shall not be demanded as of right by a Government servant borne on such establishment and the decision of the Allotment Committee in this regard shall be final.

(2)     Such allottees shall be governed by the other conditions of allotment prescribed in these rules during their stay in such quarters:

Provided that no allotment under this rule shall be made to a Government servant already serving in Bangalore and in occupation of Government Quarters.

Rule 9. Payment of licence fee.

(1)     In respect of allottees Licence fee payable shall be 10% of his gross monthly salary or amount equal to HRA, whichever is more.

(2)     Notwithstanding anything contained in Rule 13, the licence fee for the Government Quarters in occupation of an allottee who or any member of his family has acquired a dwelling house by any means and does not vacate the quarters thereafter, shall be liable to pay licence fee equal to the amount of the rent derived by him from his house.

Rule 10. Termination of allotment.

(1)     The allotment shall be deemed to have been terminated when the allottee.

(a)      retires from Government service;

(b)      resigns or ceases to be in Government service for any other reasons;

(c)      is transferred out of Bangalore or to a post in Bangalore which has a designated quarters;

(d)      sublets or allows other unauthorised persons to reside in the quarters allotted to him;

(e)      owns or acquires a house or oilier accommodation for residence for himself or his spouse or dependent children in his own name or in the name of his or her spouse or children within the Bangalore Metropolitan City or any Satellite Towns of Bangalore City;

(f)       proceeds abroad for a period of one year or more unless his family is left behind.

(2)     An allottee may be allowed to stay in the quarters for a period not exceeding thirty days after termination of allotment and shall be liable to vacate and deliver vacant possession thereof to the Government immediately thereafter.

(3)     Any allottee who overstays, in contravention of these rules shall be liable to be evicted summarily and shall also be liable for disciplinary action according to rules treating such overstay as an act of misconduct.

Rule 11. Transfer of an allottee.

(1)     When an allottee is transferred out of Bangalore, he shall, within ten days of such transfer intimate the Allotment Committee the date by which he is likely to vacate the Government Quarters, which shall not be later than the period specified in sub-rule (2).

(2)     On transfer, an allottee may be allowed to continue in occupation of his quarters for only one month on payment of rent at normal rate.

Rule 12. Transfer in the middle of the academic year.

Notwithstanding anything contained in Rule 10, when the allottee in occupation of the quarters is transferred out of Bangalore or retires in the middle of the academic year, the Allotment Committee may grant permission for continued occupation till the end of the academic year only at normal licence fee:

Provided that in the case of an allottee who has retired from service and permitted to be in occupation of the quarters as above, an amount calculated at the average monthly consumption charges towards electricity and water supply shall be obtained as deposit which shall be adjusted and finally settled at the time of actual vacation of the quarters and handing over the key.

Rule 13. Penal licence fee.

Without prejudice to sub-rule (3) of Rule 9 or to Rule 22 an allottee who overstays, in contravention of these rules, shall be liable to pay penal licence fee at the rate twice the normal licence fee for the overstay of first three months. After that, it is four times the normal licence fee for the next three months. Beyond that it is eight times the normal licence fee.

Rule 14. Licence fee from when charged.

Licence fee on the quarters shall be charged from the date of allottee taking possession of the quarters from the Assistant Executive Engineer in charge of the building.

Rule 15. Allottee to hand over key.

The allottee shall hand over the key of the premises to the Assistant Executive Engineer concerned or the Engineer in the charge of the building soon after the allotment terminates in accordance with these rules.

Rule 16. Nuisance, etc., by an allottee.

If any allottee commits or allows any other person to commit any act of nuisance on the premises allotted he shall be liable for eviction forthwith without notice.

Explanation. "Nuisance" includes using the premises for any purpose other than the one for which it is allotted.

Rule 17. Responsibility of the Heads of Department/Drawing Officers regarding recovery of licence fee, etc.

(1)     It shall be the responsibility of the Head of the Department/Drawing Officer concerned to intimate the fact of transfer/retirement/death of the allottee concerned or who ceases to be in service for any reason, immediately thereafter the Member-Secretary of the respective Allotment Committees viz., the Deputy Secretary to Government, Public Works Department (Services), the Superintending Engineer, Buildings Circle, Bangalore, as the case may be:

(2)     The allottee shall furnish a certificate to the Executive Engineer concerned specifically indicating that the licence fee of the preceding month in respect of the quarters occupied by him has been regularly deducted from the salary bill. Such certificate should have an endorsement of the Drawing Officer concerned in case the allottee is not a Drawing Officer himself.

(3)     An allottee whose pay is being drawn by the Accountant General, shall furnish a Certificate every quarter (i.e., January, April, July and October) to the Executive Engineer concerned to the effect that the licence fee for the quarters occupied by him has been deducted in his salary, for the preceding month.

(4)     The Drawing Officer shall regularly send the monthly recovery statement of the licence fee of the quarters in Form KFC 7 (Article II) and water supply charges to the Executive Engineer concerned on or before the 10th of succeeding month Without fail.

(5)     If the Drawing Officer fails to intimate as above, the Executive Engineer concerned shall bring this fact to the notice of the concerned Allotment Committee for such action as may be necessary.

Rule 18. Deposits.

The allottee shall credit an initial deposit with the concerned Executive Engineer before occupation of the quarters as follows.

Rule 19. Upkeep of the house.

(1)     The allottee while in occupation of the house quarters shall be responsible for the proper upkeep and maintenance of the house/quarters and is liable for damage caused to the building, if any.

(2)     The allottee shall take care to see that all the bills in respect of supply of electricity and water to the house/quarters are cleared from month to month.

Rule 20. Death of an allottee.

In case of death of an allottee while in service; his family may be permitted to continue for a maximum period of six months or till the end of the academic year whichever is later on the normal licence fee subject to other conditions.

Rule 21. Maintenance etc., of the buildings.

(1)     The Executive Engineer in-charge of the building, shall have power to take action under these rules in regard to maintenance of quarters, recovery of licence fee, eviction proceedings etc., and to take such assistance as required in enforcing these rules whenever necessary.

(2)     The Executive Engineer shall submit regularly, monthly report of the action taken and also send vacancy reports to the Government and to the Divisional Commissioner, Bangalore Division, Bangalore as and when vacancies occur.

Rule 22. Consequences of sub-letting.

When an allottee has sublet the premises allotted to him.

(1)     the unauthorised occupants or sub-lessee shall be liable to be evicted summarily without any notice.

(2)     licence fee at a penal rate of eight times the normal licence fee shall be levied on the original allottee for the period of sub-lease which shall be recovered from his salary or as arrears of land revenue; and

(3)     he shall be liable for disciplinary action under KCS (CCA) Rules or AIS (D & A) Rules as the case may be, treating the act of subletting as misconduct.

Rule 23. Government's discretion in allotment of house.

The allottee shall not have choice to seek allotment of a particular quarters at a particular location for his occupation. The Government shall reserve its right to allot to a Government servant, any vacant house having regard to his status and entitlement. Government shall also reserve its right to cancel or modify the allotment according to exigencies.

Rule 24. Finality of the decision, of the Government.

Any dispute arising out of these rules concerning a matter not covered by these Rules shall be referred to the Government for decision, whose decision shall be final.

Rule 25. Repeal and savings.

(1)     The old rules are hereby repealed.

(2)     Save as otherwise provided in these rules, such repeal shall not affect.

(a)      the previous operation of the old rules or anything duly done or suffered thereunder; or

(b)      any penalty or liability incurred in respect of any contravention of the old rules.

(3)     Notwithstanding such repeal, all allotments made under the repealed rules shall be deemed to have been made under these rules.

Rule 26. Abatement of certain proceedings.

Notwithstanding anything contained in these rules.

(i)       any proceeding pending against a Government servant referred to in sub-rule (9) of Rule 5, on the date of commencement of these rules, for eviction on the ground of overstay under the old rules shall, on such commencement, abate and shall not be continued or maintained;

(ii)      no proceeding for eviction of a Government servant referred to in sub-rule (9) of Rule 5, in respect of his overstay tinder the old rules, shall be initiated after such commencement.