F.R. 45

Convention regarding reimbursement by the Government of India to State Government and vice versa of the difference between the standard licence of buildings and licence fee actually recovered from their officers occupying them

(1) (a) The Government of India and the Government of Andhra Pradesh, Assam, Bihar, Gujarat, Jammu and Kashmir, Kerala, Nagaland, Tamil Nadu, Maharashtra, Karnataka, Orissa, Punjab, Rajasthan and Uttar Pradesh have mutually agreed that when residential accommodation owned by the Government of India is provided by that Government to the officers of any of the above mentioned State Government or vice versa , by official arrangement the licence fee for such accommodation shall be charged at the rate of 10% of their emoluments or the standard licence fee of the building adopted by either Government for their own employees, whichever is less, except that in case of quarters occupied by employees of the Central Government in the State of Orissa, licence fee will be charged at the rate of 10% of their emoluments or 10% of the maximum of the pay range fixed for that quarter by the State Government, whichever is less;

[G.O.Ms.No. 179, Finance, Dt. 2-9-1967]

(b) The Government of Madhya Pradesh and West Bengal have expressed their inability to accept a corresponding convention. In cases where accommodation is provided to a Government of India Officer by the State Government which is leased or requisitioned or which is provided at the Officer's own request, and not by official arrangement, the entire licence fee charged by the State Government will be payable by the officer. Residential accommodation will be deemed to have been procured by official arrangement, only if it is done under orders of an authority competent to assume on behalf of Government responsibility to provide residential accommodation.

[(2) The allotment of residences, owned by the Government of India, to officers of the Central Departments under the administrative control of State Governments will be regulated by executive orders, the allotment being done as though the State Government's own rules applied].

[G.I., Dept. of Ind., Dt. 20-3-1936 & No.Mis. 926, Dt. 15-4-1936]

Recovery of Licence fee in excess of 10 percent of emoluments

[(3) Under Clause IV (c) (ii) of Rule 45-A and 45-B, a State Government may recover licence fee in excess of 10 percent of a Government servant's emoluments, but not in excess of the standard licence fee as defined in clause III of the rule].

[G.I., F.D., Letter No. F. 291-R-1-27, Dt. 14-2-1928]

[(4) A Government servant who, at his own request, is supplied with a residence owned or leased by the Central Government of a class higher than that

for which he is eligible, when a house of his class is available for him, should be charged the full standard licence fee fixed for the residence and should not be given the benefit of the 10 percent concession afforded by clause IV(b) of Rule 45-A].

[G.I., F.D., letter No. F. 3-XI-R, 1/28, Dt. 23-3-1928]

(5) All District Magistrates and Commissioners of particular State Government having been provided with armed guards for their protection, it was found necessary in some cases to erect quarters for them within the compound of the residences allotted to the officers. As the cost of housing of these guards is to be borne by the State Police Department, the question arose whether the cost of erection of these quarters could not be excluded from the capital cost of the residences for the purpose of calculating of the standard licence fee to be recovered from the officer concerned. It was held that Rule 45 gives the State Government the power to exclude the cost of the quarters under reference from the capital cost of the residences for the purpose of fixing standard licence fee.

[Auditor Gen. letter No. T. 863-Admn. II/247-32, Dt. 19-7-1932]

[(6) When a Government servant is permitted to occupy Government quarter during leave, licence fee should be recovered from him at the rate at which he is allowed to pay while on duty].

[G.O.Ms.No. 3494, W., Dt. 29-11-29 & No. 395, W., Dt. 8-2-30]

[(7) The term "The local administrative head of the department" occurring in the note below Subsidiary Rule 4 under Rule 45 includes heads of offices also].

[Memorandum No. 41308-1 C.S.R. (Finance), Dt. 4-12-1941]

[(8) (i) When residential buildings owned, leased or requisitioned by the State Government are allotted to Central Government servants at their own request, full licence fee of the buildings should be charged from them. If, however, the accommodation is provided at the official request of the appropriate authority, licence fee should be recovered at 10% of the emoluments of the person concerned].

[Fin. Memo. No. 25081/FR/56-4, Dt. 17-7-1956 &

G.O.Ms.No. 213, Fin., Dt. 13-7-1970]

(ii) The residential accommodation provided to Central Government servants in accordance with the instructions in sub-paragraph (i) above, should conform to the standards of accommodation laid down by the State Government for their own officers. In cases of officers who are allotted accommodation of a higher class at their own request than that to which they are entitled according to the standards, full licence fee of the buildings should be recovered from them even though the accommodation may have been procured under official arrangements.

[U.O. Note No. 67708/1280, F.R. I/67, Fin. (F.R.I.) Dept., Dt. 20-10-1967]

Ref. :—1. G.O.Ms. No. 127, Finance (F.R.I.) Department, Dt. 27-6-1967.

From the Chief Electrical Inspector, A.P., Hyderabad, letter No. A.C.I./369/67, Dt. 29-8-1967.

Order :—In the G.O. first cited, orders have been issued that half the Compensatory Allowances paid to the Government servants who are allotted Government quarters should be included in their emoluments for purposes of calculation and recovery of rent 7½% thereof with retrospective effect from 1-1-1964 or the date of their occupation of Government quarters whichever is later. In this connection, certain Departments have called for clarification about the number of instalments in which the arrears are to be recovered.

In view of the above all the Departments of Secretariat and the Heads of Departments are requested to recover the arrears of rent in suitable instalments depending upon the amount to be recovered without causing undue hardship to individuals.

1. Allotment of Residences :— (i) Buildings acquired, constructed or leased by Government for the occupants of particular post shall ordinarily be occupied by the officers holding those posts.

[(ii) Where any question is raised as to which officer has the prior title to occupy a particular house, or if no officer wishes to occupy a house, as to which officer shall be required to pay rent for it, the question shall be decided by the Collector and the Superintending Engineer sitting together. In case any difference of opinion arises between the Collector and the Superintending Engineer, the opinion of the Collector shall prevail]. [G.O.Ms.No. 242, Finance, Dt. 25-3-1963]

(iii) It will be the duty of the Executive Engineer to report every case of vacancy as soon as it is known that it is likely to arise and to take prompt steps to ensure that no house is allowed to remain vacant for a day longer than is unavoidable.

2. Exchange of residential buildings by officers of the same station :— Any two officers at a station may exchange the buildings allotted to them with each other as a purely private arrangement, but each officer will continue to be responsible for the rent of the building assigned to him.

3. Sub-letting of residence :—The sub-letting of an official residence may be permitted only under the following conditions :

(i) the previous sanction of Government should be obtained for sub-letting;

(ii) the officer will still remain personally responsible for the rent and for any damage caused to the building beyond fair wear and tear;

[ Note :—The standard licence fee payable by the allottee of the quarter should be collected from the original allottee of the quarter, with whom any other Government servant is permitted to share the accommodation, who is not eligible for such fee or compensatory allowance].

[G.O.Ms.No. 126, Finance, Dt. 3-5-1974]

(iii) Government will not recognize the sub-tenancy;

(iv) the rent to be charged by the officer to his tenant should not, except with the sanction of the State Government in special circumstances, exceed the rent paid by the officer to Government;

(v) sub-tenancy should continue only for so long as the officer who makes the arrangement holds the appointment for which the official residence is provided.

4. Officers on leave :—An officer who goes on leave should be held to have ceased to be in occupation of the building from the date of commencement of leave, unless, for any reason, a competent authority decides otherwise.

Note 1 :—The local administrative head of the department may grant permission to occupy Government quarters to officers proceeding on leave on average pay not exceeding four months; in other cases the permission of the State Government is necessary.

Note 2 :—The Director of Agriculture may permit Government servants on transfer to retain upto a maximum period of one month the Government quarters allotted to them in their previous posts.

A Government servant in last grade service, whether permanent or not, proceeding on leave without allowances for a period not exceeding one month, may be permitted to occupy Government quarters during the period of leave on payment of rent concessional rates. Such permission will be granted by the authority competent to make a permanent appointment to the post held by the Government servant.

5. An incumbent, whether permanent or temporary, of an appointment, for whose benefit a house has been constructed or purchased or leased by Government under the conditions specified in paragraphs 269-A and 269-B of the Public Works Department Code, will be held responsible for the prescribed rent during his tenure of the appointment. In the following cases, however, no rent will be recovered, provided, that the Head of the Department or the authority competent to make a permanent appointment to the post for the incumbent of which the house is intended furnishes a certificate to the officer responsible for the recovery of rents that the conditions laid down are satisfied :

(i) when an officer is holding, as a temporary measure under Rule 49, an appointment to which a Government residence is attached, in addition to his substantive appointment and does not actually occupy the house;

(ii) when an officer in addition to the duties of such an appointment carries on the duties of another appointment which preclude him from occupying the house;

(iii) when an officer is officiating in an appointment for a period not exceeding one month and does not wish to occupy the house; and

(iv) when an officer is officiating in an appointment for a period not exceeding two months and the circumstances are such as to preclude him from occupying the house.

Note :—An officer who is merely discharging the current or routine duties of an appointment to which an official residence is attached is not bound to occupy it and he should not be considered as the incumbent of the appointment for purposes of recovery of rent.