Lok Sabha Secretariat (Allotment Of Residences) Rules, 2023

[20th November 2023]

In exercise of the powers conferred by the Rule 45 of Fundamental Rules, as made applicable to the Officers of the Lok Sabha Secretariat by Recruitment and Conditions of Service Order No. 185 dated the 19th December, 1957 and in supersession of the Lok Sabha Secretariat (Allotment of Residences) Rules, 1974, the Speaker of the Lok Sabha hereby makes the following rules regulating the allotment of accommodation to Lok Sabha Secretariat employees under the control of the Lok Sabha Secretariat, namely:-

Rule - 1. Short title and commencement

(1)     These Rules may be called the Lok Sabha Secretariat (Allotment of Residences) Rules, 2023.

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

Rule - 2. Definitions

In these rules, unless the context otherwise requires-

(a)      "accommodation" means the Lok Sabha Secretariat Pool Residential Accommodation under the control of Lok Sabha Secretariat;

(b)      "allotment" means the grant of a licence to occupy a residential accommodation in accordance with the provisions of these rules and include allotment by Automated System of Allotment (ASA) or by manual system of allotment;

(c)      "allotment of garage" means the grant of a licence to occupy a garage in accordance with the provisions of these rules;

(d)      "damages" means a compensation to be levied in multiples of licence fee in the event of unauthorized occupation or subletting or misuse of whole or any part of accommodation or garages by the occupant of the accommodation or garages;

(e)      "Lok Sabha Secretariat" means Office of the Lok Sabha Secretariat;

(f)       "Lok Sabha Secretariat Pool of Residence" means all the residences presently under the administrative control of Lok Sabha Secretariat;

(g)      "Officer" means a person appointed to, or borne on the cadre of the Secretarial staff of the Lok Sabha;

(h)     "eligible type of accommodation" in relation to an officer means the type of accommodation to which he is eligible under these rules;

(i)       "employee" means an employee of the Lok Sabha Secretariat;

(j)       "family" means the wife or husband of allottee, as the case may be, and children, step children, legally adopted children, parents, brothers or sisters as ordinarily reside with and are dependent on the allottee;

(k)      "guest" means a casual visitor staying temporarily with the allottee;

(l)       "own house" means a building or part thereof meant for residential purposes and owned by the allottee or by any member of his/her family;

(m)    "immediate relations" mean relationship such as Grandfather, Grandmother, Grandsons, Granddaughters, Father-in-law, Mother-in-law, Son-in-law, Daughter-in-law and include relationship established by legal adoption;

(n)     "licence fee" means a fee payable monthly in respect of the accommodation allotted under these rules;

(o)      "misuse", in relation to an allotment, means an accommodation or a servant quarter or a garage being used by allottee himself/herself or by his/her family members or immediate relations staying with him/her for the purpose other than the purposes provided under these rules;

(p)      "subletting" means letting out of a Lok Sabha Secretariat Pool Residential Accommodation partly or wholly by an allottee to any person outside allottees family and immediate relations;

(q)      "surrender of accommodation" means vacation of accommodation after physical occupation of the accommodation by the allottee on his/her own volition during the allotment period;

(r)      "transfer" means a transfer from an eligible officer to an ineligible officer and includes deputation to a post in an ineligible officer or an organisation.

Rule - 3. Eligible zone for accommodation

All Lok Sabha Secretariat (LSS) employees (except who are in deputation/contract/co-terminus basis in Lok Sabha Secretariat) who fulfill the conditions of eligibility under these rules and have been specifically declared to be eligible for allotment of accommodation by the Lok Sabha Secretariat shall be eligible for allotment or retention of accommodation from the LSS Pool.

Rule - 4. Entitlement/Classification for/of types of accommodation

(1)     Save as otherwise provided by these rules, an Officer/Official will be eligible for allotment of residence of the type shown in the Table below:-

(2)     The calculation of date of priority and preparation of waiting lists for different types of accommodations shall be as under:

(a)      The date of priority in respect of type I to type IV accommodation shall be determined on the basis of the date of joining of the employee in the Lok Sabha Secretariat Service and the eligibility for the type of accommodation shall be decided as per the level of the applicant in the pay matrix:

Provided that an applicant under this category shall be allowed to bid for one type lower accommodation than the eligible type.

(b)      The inter-se seniority in respect of type I to type IV accommodation shall be considered on the basis of the following factors, namely:-

(i)       where the date of joining the Lok Sabha Secretariat Service of two or more applicants is the same, the applicant having a higher level pay in the level shall be senior in the waiting list; and

(ii)      where the date of joining the Lok Sabha Secretariat and pay in the level of two or more applicants are the same, the applicant retiring earlier may be accorded priority over the applicant retiring later.

(c)      The date of priority in respect of type VA and above accommodation shall be determined on the basis of the date from which the applicant is continuously drawing relevant pay in the Pay Matrix in the Lok Sabha Secretariat.

(d)      The inter-se seniority for the type VA and above accommodation shall be considered on the basis of the following factors, namely:-

(i)       where the priority date of two or more applicants is the same, the applicant having a higher level pay in the level shall be senior in the waiting list;

(ii)      where the date of priority and the pay in the level of two or more applicants are the same, the applicant who has joined the Lok Sabha Secretariat Service earlier shall be senior in the waiting list; and

(iii)     where the date of priority, pay in the level and the date of joining the Lok Sabha Secretariat Service of two or more applicants are the same, the applicant retiring earlier may be accorded priority over the applicant retiring later.

(3)     The applicants entitled for type V and above accommodation shall also be eligible to apply for accommodation below their entitlement subject to the condition that such accommodation shall not be below Type IV accommodation.

(4)     The benefit of previous services in the defence forces or any other organization will not be given for the purposes of calculation of date of priority.

(5)     Personal pay shall not be considered for the purposes of determining the inter-se seniority in the waiting list.

(6)     Non-practising Allowance, Military Service Pay or any other such component of pay shall not be considered for the purposes of determining the inter-se seniority in the waiting list.

Rule - 5. Application for accommodation

(1)     Eligible employees of Lok Sabha Secretariat may submit an online application on Lok Sabha Secretariat Intranet for allotment of accommodation to which he/she is eligible under these rules and the entitled type of accommodation shall be offered as per the priority in accordance with these rules having regard to the allottees preference.

(2)     Applications received prior to the specified bidding date shall be included in the respective unified waiting list and considered for allotment in the next bidding cycle subject to fulfillment of terms and conditions for allotment as per these rules.

(3)     The applicant shall furnish various particulars in online application form which shall be verified by the designated Officer and in case of any discrepancy in the application or furnishing of incorrect information in the application, the applicant and the Verifying Officer shall be liable for furnishing of incorrect information and disciplinary action shall be taken against them including cancellation of allotment of accommodation if allotment was made based on incorrect information.

(4)     No application shall be entertained for accommodation within six months of the date of superannuation.

Rule - 6. Preparation of waiting lists for various types of accommodation

(1)       A unified waiting list shall be prepared for each type of accommodation except for Type VII and Type VIII accommodation.

(2)       A unified waiting list shall have names of the applicants either applying or who have applied for initial as well as for change of accommodation and shall be prepared as per the entitlement for a type of accommodation.

(3)       The names of applicants entitled for Type V and above accommodation shall be included in all unified waiting lists of below types of accommodation for which they are eligible.

(4)       The names of applicants entitled for Types II, III and IV accommodation shall be included in all unified waiting lists of one type below accommodation for which they are eligible.

Rule - 7.

Deletion of names of non-serious applicants from Unified Waiting Lists The names of applicants, who have neither updated their personal data nor opted for any accommodation during the past one year, shall be automatically deleted from the unified waiting list:

Provided that the applicant whose name is deleted may get his/her name activated again by filing the prescribed form online and such applicant shall be considered in the unified waiting list of the respective type of accommodation.

Rule - 8. Offer of allotment of accommodation

(1)     Save as otherwise provided in these rules, accommodation falling vacant in all types will be allotted by Automated System of Allotment (ASA) to the applicant applying for initial allotment or for change of accommodation from the unified waiting list for that type of accommodation under these rules.

(2)     The Lok Sabha Secretariat may, in emergent circumstances where the accommodation in occupation of the allottee is required to be vacated, allot him/her an alternate accommodation of the same type of accommodation or the type next below the type of accommodation in occupation of the allottee, subject to availability.

Rule - 9. Period for which allotment subsists

An allotment shall be effective from the date on which it is accepted by the allottee and shall continue till in the Lok Sabha Secretariat service or in force until:

(a)      the expiry of the concessional period permissible under these rules after the allottee ceases to be on duty in Lok Sabha Secretariat;

(b)      it is cancelled by the Lok Sabha Secretariat/Estate Officer or is deemed to have been cancelled under any provisions in these rules;

(c)      it is surrendered by the allottee;

(d)      the allottee ceases to occupy the accommodation.

Rule - 10. Acceptance of allotment

An offer of allotment of an accommodation shall be accepted by the allottee within eight days from the date of allotment of the accommodation through Automated System or by manual system of allotment, as the case may be.

Rule - 11. Process after acceptance

(1)     After acceptance of the allotted accommodation, the allottee shall take physical possession of the accommodation from the CPWD or from any other maintenance agency, as the case may be, within five working days from the date of receipt of the acceptance letter and the CPWD or any other maintenance agency, as the case may be, shall hand over the allotted accommodation to the allottee.

(2)     In case the allotted accommodation is not ready for immediate occupation, CPWD or any other maintenance agency shall issue a Technical Occupation Report to the allottee on receipt of authority letter from the Lok Sabha Secretariat.

(3)     The CPWD shall issue a Physical Occupation Report to the allottee once the accommodation is ready for occupation and after handing over the accommodation to the allottee in habitable condition.

Rule - 12. Non-acceptance of offer of allotment or failure to occupy the allotted accommodation after acceptance

(1)     If any allottee fails to accept the allotment of a residential accommodation within eight days from the date of allotment of the said accommodation, or fails to take possession of that accommodation within five working days from the date of receipt of the letter of authorisation, he/she shall be debarred to apply for accommodation for a period of three months from the date of non-acceptance of allotment subject to payment of one months normal licence fee for that type of accommodation.

(2)     The date of non-acceptance of allotment shall be calculated from the date of allotment.

(3)     If an allottee occupying a lower type of accommodation refuses to accept the offer of an accommodation of the type for which he is eligible under these rules, he/she shall be permitted to continue in the previously allotted accommodation:

Provided that such allottee shall not be eligible for another allotment for a period of six months from the date of non-acceptance of such allotment.

Rule - 13. Allotment of accommodation on Unsafe or Dangerous grounds

(1)     An allottee, whose residential accommodation is unsafe or dangerous may make an application to the concerned maintenance agency to declare such accommodation as unsafe or dangerous for living and an officer not below the rank of an Executive Engineer, CPWD or equivalent officer in any other maintenance agency on satisfying himself/herself that the accommodation concerned is unsafe or dangerous, issue a certificate of declaration to the effect, to the Lok Sabha Secretariat in writing and enter the accommodation in the Unsafe Accommodation Register.

(2)     Allotment of alternate accommodation to an allottee on declaration of a house as unsafe or dangerous shall be done through Automated System of Allotment or manual system of allotment as may be applicable.

(3)     In cases where an individual house in a Government residential colony is declared as unsafe or dangerous, an alternate allotment of same type of accommodation is to be made on priority on the following basis:

(a)      Vacancies in the same locality or nearby locality to be identified for allotment where such occupants would be given priority in the same type of accommodation over the unified (change/initial) waiting list;

(b)      The allottee in occupation of a specific floor may apply for that floor and above accommodation Type only and allotment will be made accordingly;

(c)      Equal number of identified vacancies will be placed for allotment in ASA in relation to the number of such unsafe or dangerous houses.

Rule - 14. Eligibility of allottees married to each other

(1)     No employee of the Lok Sabha Secretariat shall be allotted an accommodation under these rules if the spouse of such Government Servant has already been allotted an accommodation, unless such accommodation is surrendered:

Provided that this sub-rule shall not apply where the wife and husband are residing separately in pursuance of -

(i)       an order of judicial separation made by any Court; or

(ii)      an order to proceed to frame and record the issues for settlement of the proceedings by any Court in which a petition filed by either spouse for dissolution of marriage by a decree of divorce is pending and either of them has furnished an undertaking to surrender the accommodation allotted to her or him/her forthwith in case of revival of conjugal rights with her or his spouse.

(2)     Where two allottees in occupation of separate accommodation allotted under these rules marry each other, they shall within one month of marriage, surrender one of the accommodations.

(3)     If one of the accommodations is not surrendered within the stipulated period as required by sub-rule (2), the allotment of the accommodation of the lower type shall be deemed to have been cancelled on the expiry of such period and if the accommodations are of the same type, the allotment of such one of them as the Lok Sabha Secretariat may decide, shall be deemed to have been cancelled on the expiry of such period.

(4)     Where both husband and wife are employed in Lok Sabha Secretariat, the title of each of them to allotment of an accommodation under these rules shall be considered independently.

(5)     Notwithstanding anything contained in sub-rules (1) to (4), (i) if a wife or husband, as the case may be, who is an allottee of an accommodation under these rules, is subsequently allotted a residential accommodation from General Pool or other Government Office, she or he shall surrender anyone of the accommodation within one month of such allotment:

Provided that this clause shall not apply where the husband and wife are residing separately in pursuance of an order of judicial separation made by any Court. (ii) where two allottees, in occupation of separate accommodations, one allotted under these rules and another from General Pool or other Government Office, marry each other, anyone of them shall surrender anyone of the accommodation within one month of such marriage.

(6)     If an accommodation is not surrendered as required under sub-rule (5), the allotment of the accommodation in the Lok Sabha Secretariat shall be deemed to have been cancelled on the expiry of such period.

Rule - 15. Allotment to Women Employees (Ladies Pool)

(1)     The allotment under Ladies Pool Quota will be made from Type I to Type VA only. Separate Unified Waiting Lists for Type I to VA accommodation shall be prepared for the Lady Employees.

(2)     10% of vacancies arising in Type I to Type VA accommodation of Lok Sabha Secretariat Pool in the ratio of 1:2 i.e., Single women and Married women, respectively will be reserved for Lady Employees.

Explanation-For the purposes of this rule- (i) "Married lady employee" means a lady employee whose marriage is subsisting and who is not judicially separated from her husband; and (ii) "Single Lady employee" means an unmarried lady employee and include a widow with or without children.

(3)     The inter-se seniority of the lady employees eligible for allotment of accommodation under this rule shall be determined as per rule.

(4)     All Lady Employees, who are otherwise eligible for LSS Pool accommodation, will also be eligible for allotment from the Ladies Pool.

(5)     Lady employees, who are already in occupation of accommodation, will be eligible for allotment of higher type of accommodation or change in the same type, in their own turn, from the Ladies Pool and from General Pool.

(6)     If the allotment to be made to Lady Employees clashes with allotment of accommodation to SC/ST employees under reserved quota, the accommodation will be first allotted to SC/ST employees and then to ladies quota.

(7)     A Lady employee who had been debarred from Lok Sabha Secretariat Pool of accommodation for nonacceptance of offer of allotment from general quota will not be considered for allotment from reserve quota during her debarred period and vice-versa.

(8)     If no Single Lady Employee is eligible for allotment, the quota reserved for them may be allotted to the married lady employee and vice-versa.

Rule - 16. Reservation in allotment to Scheduled Castes and Scheduled Tribes Employees

(1)     The reservation in allotment of accommodation to Scheduled Castes and Scheduled Tribes Employees shall be ten per cent (10%) in Type I and Type II accommodation and five per cent (5%) in Type III and IV accommodation.

(2)     The allotment from Type I to IV shall be made in the ratio of 2: 1 vacancies to Scheduled Castes and Scheduled Tribes employees, respectively.

(3)     Separate unified waiting lists for Type I to IV accommodation shall be prepared for the Scheduled Castes and Scheduled Tribes employees.

(4)     In case, there is no Scheduled Tribes applicant in the unified waiting list, the quota reserved for the Scheduled Tribes may be allotted to a Scheduled Castes applicant and vice versa.

(5)     Scheduled Castes and Scheduled Tribes applicants, who are already in occupation of Lok Sabha Secretariat Pool accommodation, shall be eligible for allotment of higher type of accommodation from the quota reserved for them under this rule.

(6)     In respect of Types I and II accommodation, there will be a 60 point roster system and the vacancies at point number 10, 20, 40 and 50 shall be allotted to Scheduled Castes applicants and the vacancies at point number 30 and 60 shall be allotted to Scheduled Tribe applicants.

(7)     In respect of Type III and IV accommodation, there will be a 60 point roster system and the vacancies at point number 20 and 40 shall be allotted to Scheduled Caste applicants and vacancy at point number 60 shall be allotted to Scheduled Tribe applicants.

(8)     The Scheduled Castes and Scheduled Tribes applicants shall also be eligible for allotment from the general pool.

(9)     The Scheduled Castes and Scheduled Tribes applicants who had been debarred from Lok Sabha Secretariat Pool of accommodation for non-acceptance of offer of allotment from general quota will not be considered for allotment from reserve quota during their debarred period and vice-versa.

(10)   The Scheduled Caste and Scheduled Tribe applicants shall mention the fact that as to whether they belong to Scheduled Caste and Scheduled Tribe in their application for allotment of accommodation, which shall be verified by the designated Officer from their records at the time of acceptance of allotment of the accommodation by the applicant.

Rule - 17. Allotment of surplus accommodation

In case of availability of surplus accommodation in any type, an applicant may be allotted an accommodation lower than the entitled type on payment of normal licence fee of his/her allotted type.

Rule - 18. Temporary allotment of accommodation for marriage or social functions

The temporary allotment of accommodation (if available) for marriage or social purposes shall be allotted as per guidelines issued by the Lok Sabha Secretariat.

Rule - 19. Concessional period of retention of accommodation

The allottee may, subject to the conditions laid down in these rules, be permitted to retain the accommodation on the happening of any of the events specified in column (2) of the table below, for the period specified in the corresponding entry in column (3) thereof, provided that the accommodation is required for the bonafide use of the allottee or members of his/her family:

Rule - 20. Change of accommodation in same type or entitled higher type of accommodation

(1)     An allottee to whom an accommodation has been allotted under these rules may apply for a change to another same type of accommodation only after taking physical possession of accommodation allotted under initial allotment.

(2)     Only one change shall be allowed in the same type of accommodation to the allottee.

(3)     An allottee, who intends to change the accommodation already allotted to him/her shall make an application in the form specified by Lok Sabha Secretariat, and thereafter, the name of such allottee shall be included in the concerned type unified waiting list.

(4)     The date of priority or the inter-se seniority of the allottees in the waiting list for change of accommodation in respect of Type I to Type VIB shall be as applicable to initial allotment.

(5)     The change of same type of accommodation shall be offered as per the priority in accordance with these rules and having regard to the allottees preference:

Provided that no change in the same type of accommodation shall be allowed to an allottee within six months of the date of superannuation.

(6)     If an allottee fails to accept a change of accommodation offered to him/her within eight days of issue of such offer or allotment, he/she shall not be considered again for a change of accommodation for one year from the date of non-acceptance for that type of accommodation.

(7)     An allottee who, after accepting a change of accommodation fails to take possession of the same, shall be charged one month licence fee for such accommodation in accordance with the provisions of these rules in addition to the normal licence fee for the accommodation already in his/her possession the allotment of which shall continue to subsist:

Provided that if CPWD fails to make the accommodation offered on change habitable within the prescribed time period, a certificate from the concerned Executive Engineer shall be furnished in this regard by CPWD and allottees will be exempted from payment of licence fee for the intervening period in such cases.

(8)     Where an allottee, who is in occupation of an accommodation, is allotted another accommodation and he/she occupies the new accommodation, the allotment of former accommodation shall be deemed to have been cancelled from the date of physical occupation of the new accommodation:

Provided that such date of occupation, the allottee may, retain the former accommodation on payment of normal licence fee for a period of thirty days for shifting to the newly allotted accommodation:

Provided further that if the previous accommodation is not vacated within a period of thirty days, the allottee shall be liable to pay damages for use and occupation of the previous accommodation, furniture and garden charges as may be determined by the Government from time to time with effect from the 31st day from the date of physical occupation of the new accommodation and the accommodation slotted in the change shall be deemed to have been cancelled under these rules.

(9)     The allottee shall ensure before applying for change of accommodation that he continues to be entitled for that type of accommodation on the basis of revised entitlement as well as other conditions governing such change of accommodation and the respective allotment authority or estate office shall verify this fact before accepting the prescribed acceptance form of the applicant.

(10)   No change of accommodation shall be allowed to an allottee under this rule if an enquiry is under progress against the allottee on the charge of subletting.

Rule - 21. Change of accommodation in the event of death of a member of family

Notwithstanding anything contained in these rules, an allottee may be allowed a change of accommodation on the death of any member of his/her family if he applies for a change within six months of such occurrence, provided that the change will be given in the same type of accommodation, same floor and in the same area as the accommodation already allotted to the allottee.

Rule - 22. Shifting of allottees in case of quarrel between neighbours

(1)     Any complaint relating to quarrel between neighbours in Government colonies shall be examined in detail by the Superintending Engineer (Civil), CPWD looking after maintenance of accommodation, who shall then make his/her recommendations to the Lok Sabha Secretariat.

(2)     The allottee found guilty under this rule shall be shifted to another accommodation in the same locality but at a distance from the accommodation of the allottee with whom she/he had picked up quarrel, or to another nearby or remote locality, depending upon the nature of the offence or situation.

(3)     If the allottee so shifted to another place again picks up quarrel with his/her neighbours, his/her allotment shall be cancelled and he shall be debarred from allotment of accommodation for a period varying from one year to two years depending upon the nature of the offence:

Provided that if the allottee who is debarred under this sub-rule, on subsequent allotment again picks up a quarrel with his/her neighbour and is found guilty, he/she shall be declared ineligible for further allotment of accommodation permanently and such declaration shall be made with the approval of the competent authority.

Rule - 23. Allotment of alternate accommodation or regularisation of accommodation in the name of a certain person in case of death of an allottee

(1)     In the event of death of an allottee, the same accommodation may be regularized in the name of the spouse or ward of the deceased allottee, if the spouse or ward is entitled for it.

(2)     In case, the entitlement of the spouse or ward is a lower type than the accommodation allotted to deceased allottee, an alternate entitled type of accommodation may be regularized in the name of spouse or ward.

(3)     In case, the spouse or ward is entitled for higher type of accommodation than the accommodation allotted to the deceased allottee, an alternate one type below the entitled accommodation may be allotted to the spouse or ward subject to a maximum of Type V accommodation on payment of normal licence fee or fulfillment of the following conditions, namely:-

(i)       the spouse or ward had been residing with the deceased allottee for at least three years prior to the death of the allottee and has not drawn house rent allowance for this period and in case such spouse or ward is in the service of Lok Sabha Secretariat for less than three years, then he/she has not drawn house rent allowance since the date of his/her joining the Lok Sabha Secretariat service;

(ii)      the spouse or the ward joins the Lok Sabha Secretariat within a period of two years after the death of the allottee and the accommodation in occupation has not been vacated.

Explanation- For the purpose of this rule, "ward" shall include- (a) a married daughter, working in Lok Sabha Secretariat, irrespective of the fact that the deceased allottee is having a son, who is also employed in Lok Sabha Secretariat, and he is in a position to maintain the parents; (b) a daughter-in-law, working in Lok Sabha Secretariat;

(iii)     request for regularization/allotment of alternate accommodation may be considered in case the spouse/ward gets employment in Lok Sabha Secretariat even after the death of the allottee, provided the appointment is secured within a period of two years after the death of the allottee and the accommodation in occupation has not been vacated;

(iv)    the above concession will be allowed in cases where the deceased Officer or spouse/ ward is not owning a house in Delhi/NCR;

(v)      there are no arrears of licence fee/ damage outstanding against the deceased allottee;

(vi)    the facility of regularisation or allotment of alternate accommodation shall be admissible under rules irrespective of the date of priority of the spouse or ward.

(vii)   the application for regularisation or allotment of alternative accommodation shall be submitted before the expiry of the permissible period of retention after the date of death or from the date of appointment of the spouse or ward in Lok Sabha Secretariat service, whichever is later.

(viii)  all dues outstanding in respect of the accommodation occupied by the deceased allottee shall be cleared before submission of the application for regularisation or alternate allotment.

(ix)    the pay of the spouse or ward shall be taken into account for determining the entitled type of accommodation as per these rules on the date of regularisation of the spouse or ward.

(x)      the alternate allotment in the name of the spouse or ward will be made, to the extent possible, in the same area, failing which in a nearby area.

(xi)    the ward in whose name regularisation of alternate accommodation is to be made shall give an undertaking to the extent that the spouse of the deceased allottee, as the case may be, shall reside with such ward in the allotted accommodation after regularisation or after allotment of alternate accommodation.

Rule - 24. Allotment of alternate accommodation or regularisation of accommodation in the name of certain person in case of retirement of an allottee

(1)     In the event of retirement of an allottee, the same Lok Sabha Secretariat Pool accommodation may be regularised in the name of the spouse or ward of the retired allottee, if the spouse or ward is entitled for it.

(2)     In case, the entitlement of the spouse or ward is a lower type than the accommodation allotted to a retired allottee, an alternate entitled type of accommodation may be regularised in the name of spouse or ward.

(3)     In case, the spouse or ward is entitled for higher type of accommodation than the accommodation allotted to the retired allottee, an alternate one type below the entitled accommodation may be allotted to the spouse or ward subject to a maximum of Type V accommodation on payment of normal licence fee and on fulfilment of the following conditions:-

(i)       the spouse or ward has been residing continuously for at least three years with the retiring allottee prior to his/her retirement and has not drawn house rent allowance for this period and in case such spouse or ward is in the service of Lok Sabha Secretariat for less than three years, then, he/she has not drawn house rent allowance since the date of his/her joining the Lok Sabha Secretariat service;

(ii)      the spouse or ward joins the Lok Sabha Secretariat within the permissible period of retention and the accommodation in occupation has not been vacated.

(4)     In case of more than one eligible ward, the retiring official will have the option to exercise his/her choice in favour of his/her wards.

Explanation-For the purpose of this rule, "ward" shall include-

(a)      a married daughter, working in Lok Sabha Secretariat, irrespective of the fact that the retiring allottee is having a son, who is also employed in Lok Sabha Secretariat, and he is in a position to maintain the parents;

(b)      a daughter-in-law, working in Lok Sabha Secretariat.

Rule - 25. Non-admissibility for regularisation or alternate accommodation

The facility of regularisation or allotment of alternate accommodation under the above rules (23 and 24) shall not be admissible in the following cases:-

(a)      where the allottee or any member of his/her family owns a house in Delhi/NCR: Provided that either one type below accommodation or same accommodation may be regularised in the name of spouse or ward whose date of priority is covered on the date of retirement of the retiring allottee or on the date of death of the deceased allottee, irrespective of being a house-owner in Delhi/NCR subject to such conditions as applicable to house owning allottees and as per the guidelines issued by the Lok Sabha Secretariat from time to time;

(b)      where the allottee has become ineligible for allotment of accommodation, due to any reason, on or before the date of his/her death or retirement; and

(c)      in the event of resignation from Lok Sabha Secretariat.

(d)      in case where the allottee was in possession of Lok Sabha Secretariat Pool accommodation and the ward/spouse is not eligible for allotment of accommodation of Lok Sabha Secretariat Pool and/or vice-versa.

Rule - 26. Discretionary allotment of accommodation

Discretionary allotments to serving Lok Sabha Secretariat Officers shall be permitted only on medical and functional grounds. The discretionary allotment of accommodation for medical and functional grounds shall be governed by the guidelines issued by the Lok Sabha Secretariat from time to time.

Rule - 27. Inter-pool exchange of accommodation between Lok Sabha Secretariat Pool residential accommodation and General Pool

Inter-pool transfer of accommodation may be made on mutual consent of Lok Sabha Secretariat and Directorate of Estate.

Rule - 28. Surrender of an allotment of accommodation

(1)     An allottee may surrender an allotment of accommodation at any time during the allotment period.

(2)     An allottee who surrenders the accommodation shall not be considered again for allotment of accommodation for a period of one year from the date of such surrender.

Rule - 29. Maintenance of accommodation by the allottee

(1)     The allottee to whom a residential accommodation has been allotted shall maintain the accommodation and premises in a clean condition and such allottee shall not grow any tree, shrubs or plants contrary to the instructions issued by the Government or by its maintenance agencies nor cut or lop off any existing tree or shrubs in any garden, courtyard or compound attached to the accommodation save with the prior permission in writing of the concerned maintenance agencies.

(2)     Trees, plantation or vegetation, grown in contravention of this rule may be caused to be removed by the concerned maintenance agencies at the risk and cost of the allottee concerned.

Rule - 30. Cooperation with maintenance agencies by the allottees to carry out repair works

(1)     All allottees of accommodation will cooperate with respective maintenance agencies of residential accommodation in Government colonies in carrying out all kinds of repair or renovation works.

(2)     In case a complaint for non-cooperation is received from the maintenance agency against any allottee, strict action shall be taken against him/her as per these rules and the instructions issued by the Lok Sabha Secretariat from time to time.

Rule - 31. Misuse of accommodation for trade or business or any other unauthorised activity

(1)     The accommodation shall be used for residential purposes only by the allottee and other authorised persons as per these rules.

(2)     Action shall be taken against the allottee for unauthorised use of the allotted accommodation as per these rules and instructions issued by the Lok Sabha Secretariat/Directorate of Estate in this regard from time to time.

Rule - 32. Payment of requisite charge or fee to public utility services

(1)     The allottees of accommodation shall pay the charges and fees to all utility services such as electricity, water, gas etc., regularly on receipt of the bill for such payment.

(2)     In case an allottee has not paid the dues to the public utility authorities before vacation or surrender of the accommodation, vacation or surrender of accommodation shall not be accepted by the maintenance agency.

Rule - 33. Unauthorised constructions in Government colonies

(1)     No unauthorised construction shall be allowed in Government residential colonies and the unauthorised constructions, if any shall be removed or demolished by the concerned maintenance agency or the Estate Officer notified under the Public Premises (Eviction of unauthorised occupants) Act, 1971(40 of 1971), as the case may be in accordance with the provisions of that Act.

(2)     In case any further unauthorised construction is found in the accommodation of the same allottee, the accommodation provided to such allottee shall be cancelled from the date of inspection of the accommodation and he shall be debarred for allotment of accommodation for remaining period of service in future.

(3)     The procedure for dealing with cases relating to unauthorised construction or encroachment in accommodation or public premises and the responsibilities of respective maintenance agencies shall be specified from time to time.

Rule - 34. Unauthorised occupation after cancellation of allotment

Where, after an allotment of accommodation has been cancelled or is deemed to have been cancelled under any provisions of these rules, the accommodation remains or has remained in occupation of the allottee to whom it was allotted or of any person claiming through, such allottee shall be liable to pay damages for use and occupation of the accommodation, services, furniture and garden charges, as may be determined by the Central Government from time to time.

Rule - 35. Issue of vacation notice and show cause notice to the allottees

(1)     The vacation notice shall be issued to all the allottees of accommodation or to their families at least fifteen days before the date of expiry of the permissible period of retention.

(2)     In case where the allottees have not vacated the quarters after expiry of permissible retention period, the concerned authority will issue show cause notice to such unauthorised occupants under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971).

Rule - 36. Disciplinary proceedings against persons who fail to vacate temporary allotment of accommodation

(1)     The temporary accommodation allotted for marriage and other social purpose shall be vacated on expiry of the allotment period.

(2)     In case of failure to vacate the allotted accommodation the matter shall be referred to the Estate Officer for appropriate disciplinary action against him/her and damages shall be charged for such unauthorised occupation.

Rule - 37. Subletting of accommodation

(1)     The allottee shall reside in the accommodation allotted to him/her with his/her family and immediate relations.

(2)     In case any relationship ceases by any order of court of law, such relation shall not reside with the allottee.

(3)     The servant quarters, out-houses and garages may be used for the bonafide purposes only.

(4)     The allottee who shares the accommodation with his/her family or immediate relations shall furnish prior intimation to the Lok Sabha Secretariat furnishing full particulars of his/her family members or immediate relations residing in the accommodation allotted to him/her:

Provided that the details of guests, if such guest is likely to stay for more than fifteen days in the accommodation, shall be intimated to the Lok Sabha Secretariat, intimating full particulars of the individual or individuals.

(5)     If an Officer to whom a residence has been allotted unauthorisedly sublets the residence or charges rent from the sharer or erects any unauthorized structure in any part of the residence or uses the residence or any portion thereof for any purposes other than that for which it is meant or tampers with the electric or water connection or commits any other breach of these rules or of the terms & conditions of the allotment or uses the residence or premises or permits or suffers the residence or premises to be used for any purpose which the Estate Officer considers to be improper or conducts himself/herself in a manner which in his/her opinion is prejudicial to the maintenance of harmonious relations with his/her neighbours or has knowingly furnished incorrect information in any application or written statement with a view to securing the allotment, the Estate Officer may, without prejudice to any other disciplinary action that may be taken against him/her, cancel the allotment of the residence:

Explanation.-In this sub-rule, the term "allottee" includes, unless the context otherwise required, a member of his/her family and any person claiming through the allottee.

(6)     If an Officer sublets a residence allotted to him/her or any portion thereof or any of the out-houses or garages thereto, in contravention of these rules, he may, without prejudice to any other action that may be taken against him/her, be charged enhanced licence fee as per rules. The quantum of licence fee to be recovered and the period for which the same may be recovered in each case will be decided by the Estate Officer on merits. In addition, the Officer may be debarred from sharing the residence for a specified period in future as may be decided by the Estate Officer.

(7)     Where action to cancel the allotment is taken on account of unauthorized subletting of the premises by the allottee, a period of sixty days shall be allowed to the allottee, and any other person residing with him/her therein to vacate the premises. The allotment shall be cancelled with effect from the date of vacation of the premises or expiry of the period of sixty days from the date of the orders for the cancellation of the allotment, whichever is earlier.

(8)     The Estate Officer shall be competent to take all or any of the actions under sub-rules (5) to (7) of this Rule and also to declare the Officer, who commits a breach of these rules or of the instructions issued to him/her, to be ineligible for allotment of residential accommodation for a period not exceeding three years.

(9)     Where any penalty under this rule is imposed by the Estate Officer, the aggrieved person may, within twenty one days of the receipt of the order by him/her imposing the penalty, file a representation to the Secretary-General of the Lok Sabha through the Estate Officer.

(10)   The Lok Sabha Secretariat shall be competent to-

(a)      take all or any of the actions provided under this rule; and

(b)      declare the allottee to be ineligible for allotment of residential accommodation for the remaining period of his/her service;

(11)   The procedure to conduct subletting inspections by the authorised officials shall be such as may be specified by the Lok Sabha Secretariat from time to time.

(12)   Cancellation of allotment of accommodation or otherwise of the cases suspected of subletting shall be decided by the competent authority after inquiry providing equal opportunity to the allottee.

Rule - 38. Payment of licence fee for accommodation

(1)     The rates of licence fee shall be charged from allottees and other ineligible officer or organisation for allotment of Lok Sabha Pool accommodation at such rates as may be specified by the Government/Lok Sabha Secretariat from time to time.

(2)     Where the allotment of accommodation or alternative accommodation has been accepted, the liability for licence fee shall commence from the date of physical occupation of the accommodation.

(3)     An allottee who, after acceptance, fails to take possession of that accommodation within five working days from the date of receipt of the authority letter shall be charged one month licence fee from the date of allotment:

Provided that this provision shall not apply in case the maintenance agency does not hand over the accommodation in a habitable condition to the allottee within the prescribed period or the accommodation is not ready for physical occupation for any other reason.

(4)     The allottee to whom an accommodation has been allotted shall be personally liable for the payment of licence fee and for any damage beyond fair wear and tear caused thereto or to the furniture, fixture or fittings or services provided therein by the Government during the period for which the accommodation has been and remains allotted to him/her, or where the allotment has been cancelled under any of the provisions of these rules, until the accommodation along with the out-houses appurtenant thereto have been vacated and full vacant possession thereof has been restored to Lok Sabha Secretariat.

(5)     The rates of damages for unauthorised occupation or subletting or misuse of accommodation, servant quarter or garage shall be specified by the Lok Sabha Secretariat from time to time.

(6)     All the allottees of accommodation shall pay the requisite licence fee in advance for retention of the accommodation allotted to them.

(7)     Where the allottee to whom an accommodation has been allotted is neither a permanent nor a quasipermanent Government servant, he shall execute a surety bond in the form prescribed in this behalf by the Lok Sabha Secretariat with a surety who shall be a permanent Officer of the Lok Sabha Secretariat for due payment of licence fee and other charges due from him/her in respect of such accommodation and any other accommodation provided in lieu.

(8)     If the surety ceases to be in service of Lok Sabha Secretariat or becomes insolvent or ceases to be available for any other reasons, the allottee shall furnish a fresh bond executed by another surety within thirty days from the date of his/her acquiring knowledge of such event or fact; and if he fails to do so, the allotment of the accommodation to him/her shall, unless otherwise decided by the Secretary-General of Lok Sabha, be deemed to have been cancelled with effect from the date of that event.

Rule - 39. Continuance of allotment made prior to these rules

Any valid allotment of a residence which immediately before the commencement of these rules is subsisting under the rules then in force shall be deemed to be an allotment duly made under these rules notwithstanding that the officer to whom it has been made is not entitled to a residence of that type under Rule and all the provisions of these Rules, shall apply in relation to that allotment and that officer accordingly.

Rule - 40. Interpretation

If any question arises relating to the interpretation of the Rules, it shall be referred to the Speaker of the Lok Sabha for decision.

Rule - 41. Power to relax rules

The Speaker may relax all or any of the provisions of these rules in the case of any officer or residence or class of officers or type of residences.

Rule - 42. Delegation

The Secretary-General of the Lok Sabha may, from time to time, by general or special order, direct that any power exercisable by him/her under these rules (except the powers under this rule) shall, subject to such conditions, if any as may be specified in the order, be exercisable also by such officer of the Lok Sabha Secretariat as may be specified in the order.