Indian Bureau Of Mines (Allotment Of Residence) Rules, 1993
Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com INDIAN BUREAU OF MINES (ALLOTMENT OF RESIDENCE) RULES, 1993 CONTENTS 1. Short title and commencement 2. Definitions 3. Allotment to house owning officers 4. Allotment of Residence to officers who arc husband and wife.- Eligibility in case of such officers 5. Notwithstanding anything contained in sub-rules (1) to (4) 6. Classification of residences 7. Application for allotment and Determination of seniority 8. Allotment of residence 9. Maintenance of separate pools for certain categories of officer 10. Out-of-turn allotment 1 1 . Non-acceptance of allotment of offer or failure to occupy allotted residence after acceptance-Drawal of house rent allowance 12. Miscellaneous 13. Period for which allotment subsists and the concessional charge for further retention 14. Provision relating to licence fee 15. Personal liability of the officer for payment of licence fees and furnishing of surety bond of temporary Government Servants 16. Surrender of allotment and period of notice 17. Change of Residence 18. Change of Residence in the event of death of family member 19. Mutual Exchange of Residence 20. Transfer to non-family stations 21. Responsibility for Maintenance of Residence 22. Subletting or sharing of Residence 23. Consequences of breach of Rules and Conditions 24. Overstayed in residence after cancellation of allotment 25. Continuance of allotment made prior to the issue of these rules 26. Interpretation of rules 27. Relaxation of rules 28. Delegation of power of functions INDIAN BUREAU OF MINES (ALLOTMENT OF RESIDENCE) RULES, 1993 G.S.R. 137, dated 18th February, 19941 - In pursuance of the provisions of Rule 45 of the Fundamental Rules, the President hereby makes the following rules regarding allotment of residence in the India Bureau of Mines, namely:- 1. Short title and commencement :- (1) These rules may be called the Indian Bureau of Mines (Allotment of Residence) Rules, 1993. (2) They shall apply to the allotment of (and management of all) residential buildings which are under the administrative control of Indian Bureau of Mines at its Regional, Sub-regional or Headquarter offices and are ment for allotment to the officers and staff employed in those Regional, Sub-regional or Headquarter offices. (3) They shall come into force on the date of publication in the Official Gazette. 2. Definitions :- In these Rules, unless the context other wise requires :- - (a) 'Allotment'.-means the grant of a licence to occupy a residence in accordance with the provisions of these rules. (b) 'Allotment Year'.-means the year beginning on 1st January and ending on 31st December or such other period as may be notified by the Controller General, Indian Bureau of Mines from time to time. After the expiry of every allotment year. fresh applications are required to be called for. (c) 'Controller General'.-means the Head of the Indian Bureau of Mines, which is a subordinate office of Government of India under the Ministry of Mines. (d) 'Authorised Officer'.-means an officer of the Indian Bureau of Mines authorised by the Controller General to act on his behalf in terms of these rules. (e) 'Eligible Officer'.-means the officers and staff of Indian Bureau of Mines who are eligible for allotment of that class/type of residence which is admissible to him/her under rule 5 and is required to reside on duty at the station the residence is situated. (f) 'Emoluments'.-means pay as defined under clause (a) of sub- rule (21) of Rule 9 ofthe Fundamental Rules : (ii) for the purpose of recovery of rent means the emoluments as defined in the Fundamental rule 45(c) excluding the compensatory allowances. Explanation.-In the case of an Officer who is under suspension, the emoluments drawn by him on the first day of the allotment year in which he is placed under suspension, or if he is placed under suspension on the first day ofthe allotment year. the emoluments drawn by him immediately before that date shall be taken as emoluments. (g) 'Family'.-means the wife or husband as the case may be and the children. step children, legally adopted children, parents, brothers or sisters as ordinarily reside with and are dependent on the officer. (h) 'Government'.-means the Central Government. (i) 'Priority date'.-of an officer in relating to a type of residence to which he is eligible means the earliest date from which he has been continuously drawing emoluments relevant to a particular type or a higher type in a post under the Central Government or on foreign service except for a period of leave. Provided that in respect of types A, B, C and D residences the date from which the officer has been continuously in service under the Central Government or a State Government including the period of Foreign Service-shall be h is priority date for the type. Provided further that where the priority date of two or more officers is the same. the seniority among them shall be determined by amount of emoluments the officer in receipt of higher emoluments taking precedence over the officer in receipt of lower emoluments and where the emoluments are equal by the length of service. (j) 'Licence fees'.-means the sum of money payable monthly in accordance with the provisions of Fundamental Rules in respect of a residence allotted under these rules. (k) 'Residence'.-means any residence for the time-being under the administrative control of the Controller General and to which these rules apply. (l) 'Sub-letting'.-Includes sharing of accommodation by an allottee with another person with or without the payment of licence fee by such, other person but does not include a casual guest. Explanation.-Any sharing of accommodation by an allottee with close relations shall not be deemed to be subletting. (m) 'Temporary Transfer'.-means transfer which involves an absence for a period of not exceeding four months. (n) 'Transfer'.-means a transfer from the existing station to any other place or from an eligible office to an Ineligible office and includes a transfer or reversion to patent organisation and also deputation to a post in an ineligible office or organisation. (o) 'Type'.--in relation to an office means the type of residence to which he is eligible under the provision of rule 5 of these rules. 3. Allotment to house owning officers :- (1) in this rule :- (a) "Adjoining municipality".-means any municipality contiguous to a local municipality. (b) "House" in relation to an officer or member of his family means a building or part thereof used for residential purposes and situated within the jurisdiction of a local municipality or of any adjoining municipality. Explanation.-A building part of which is used for residential purposes, shall be deemed to be a house for the purposes of this clause notwithstanding that any part of it is used for non- residential purposes. (c) "Local Municipality" in relation to an officer means the municipality within whose jurisdiction his office is located, (d) "Member of family" in relation to an officer means the wife or husband, as the case may be, or a dependent child of the officer. (e) "Municipality" includes a municipal corporation a municipal committee or boards, a town area committee, a notified area committee, and a cantonment board. (2) An officer owning a house either in his name or in the name of any member of his family at the place of his duty or in an adjoining municipality shall be eligible for allotment or Government residence on payment of licence fee for the Government accommodation allotted to him at such rate as may be determined from time to time by the Government. (3) When after a government residence lias been allotted to an officer, he or any member of his family become owner of a house at the place of his duty or in an adjoining municipality, such officer shall notify the fact to the competent authority, i.e. Controller General/Authorised Officer within a period of one month from the date, the house is let out or occupied, on the date of completion, whichever is earlier. 4. Allotment of Residence to officers who arc husband and wife.-Eligibility in case of such officers :- (1) No officer shall be allotted a residence under these rules : wife or husband as the case may be, or the officer has already been allotted a residence unless such residence is surrendered. Provided that these sub-rules shall not apply where husband and wife are residing separately in pursuance of an order of judicial separation made by any Court. (2) Where two officers in occupation of separate residences allotted under these rules marry each other, they shall within one month of the marriage surrender one of the residences. (3) If a residence is not surrendered as required under sub-rule (2), the allotment of the residence of lower type shall be deemed to have been cancelled on expiry of such period and if the residences are of the same type. the allotment of such one of them as the Controller General may decide, shall be deemed to have been cancelled on the expiry of such period. (4) Where both the wife and husband are employed in Indian Bureau of Mines, the title of each of them to allotment of residence under these rules shall be considered independently. 5. Notwithstanding anything contained in sub-rules (1) to (4) :- (a) If a wife or husband, as the case may be, who is an allottee of a residence under these rules, is subsequently allotted a residential accommodation at the same station from a pool to which these rules do not apply, she or he, as the case may be, shall surrender any one of the residences within one moth 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. (b) Where two officers, in occupation of separate residences at the same station. one allotted under these rules and another from a pool to which these rules do not apply, marry each other, any one of them shall surrender any one of the residences within one mouth of such marriage. (c) If a residence is not surrendered as required under clause (a) or clause (b) the allotment of the residence in the general pool shall be deemed to have been cancelled on the expiry of such period. 6. Classification of residences :- (1) For the purpose of allotment, the residences are classified as under and save as otherwise provided by these rules, an officer shall be eligible for allotment of a residence of the type shown in the table below :- Type of Residence. Monthly emoluments as on the First day of the allotment year in which the allotment is made. Type-1 Less than Rs. 950/- per month. Type-11 Less than Rs. 1500/- per month but not less than Rs. 950/- per month. Type-111 Less than Rs. 2800/- per month but not less than Rs. 1500/- per month. Type -IV Less than Rs. 3600/- per month but not less than Rs. 2800/- per month. Type-V Less than Rs. 5900/- per month but not less than Rs. 3600/- per month. Type-VI Less than Rs. 7300/- per month but not less than Rs. 5900/- per month. Type-VII Less than Rs. 8000/- per month but not less than Rs. 7300/- per month. (2) An office eligible to Type V and above shall also be eligible to the next below type of residence. 7. Application for allotment and Determination of seniority :- Every officer, who desires to have an allotment made under these rules, shall submit within one month of reporting for duty at the office concerned, and application in From 'A' provided in the Annexure to these rules, to the Controller General or any officer authorised on his behalf. The seniority of eligible officer who are holding a permanent or temporary post, for the purpose of allotment of residence, shall be determined by the date of reaching the qualifying limit of pay prescribed for each class of residence under these rules. Provided that if two or more officers of same seniority are eligible, the seniority among them shall be determined by the amount of emoluments: higher emoluments taking precedence over the emoluments next below or where the emoluments are equal. by the period or for which these emoluments have been drawn in the post held by such officer at the time of application the longer period taking precedence over the period next below. When the seniority and employment are same the allotment will be made to the officer who is older in age. 8. Allotment of residence :- (1) Save, as otherwise provided in these rules a residence on falling vacant will be allotted by the Controller General, Indian Bureau of Mines preferably to an applicant desiring a change of accommodation in that type and if not required for that purpose, to an applicant without accommodation in that type having the earliest priority date for such type of residence subject of the following conditions : (i) The residence of a type higher than that to what the applicant is eligible will not normally be allotted except when the accommodation of the type to which he is eligible is not available. The applicant shall not be compelled to accept the residence of a lower type than to which he is eligible and if the entitled type is not available then lower type can be allotted, subject to the condition that the applicant will have to vacate the lower type when the entitled type is available for allotment and it is allotted to him. (ii) On a request from an applicant for allotment of a lower category residence, a residence next below type for which the applicant is eligible under rule 5 may be allotted to the applicant on the basis of his priority date for the same. Provided that the Controller General may cancel the existing allotment of an officer and allot him an alternative residence of same type or in an emergency circumstances, an alternative residence of the type of residence in occupation of the officer is required to be vacated for Government work. (2) The holder of a temporary post to whom a residence is allotted shall revert to a lower class of residence as soon as one can be made available for him, if he is at any time reverted to a lower post not entitling him to the class of accommodation allotted and this shall be an express condition of the allotment. 9. Maintenance of separate pools for certain categories of officer :- (1) Notwithstanding anything; contained in these rules, following pool shall be maintained namely : (i) "Lady officers" Pool-Separately for married lady officers and for single lady officers. Explanation.- (a) "Married Lady Officer" means a lady officer whose marriage is subsisting and who is not judicially separated from her husband. (b) "Single Lady Officer" means a lady officer who' is not a married lady officer. (2) The number and type of residences to be placed in this pool shall be determined by the Department, from time to time. (3) The Officers shall be entitled to allotment of accommodation in the said pool in the type next below the type to which they are entitled under the provision of rule 5. (4) The inter-se-seniority of the officer eligible for the allotment of residences under this rule shall be determined in the following manner, namely. (a) In the Lady Officers' Pool, on the basis of the priority date on which each such officer became eligible for the type of residence in the pool. 10. Out-of-turn allotment :- Notwithstanding anything contained in the provision of rule 7, the allotment of residence may be made by the Controller General on out of turn basis to an officer on the ground of serious illness of self or a member of his family suffering from PUI. T.B./Cancer, Heart and Physically handicapped etc. (as per statement appended below) in consultation with the prescribed medical authority. In such cases, allotment may be made according to the actual date of receipt of the out of turn application, subject to availability of entitled type of quarters. In case, entitled type of quarter is not readily available. Consideration for allotment of next below type if immediately available shall also be made. Name of diseases. Entitlement. Medical Certificate/ Competent Authority. 1 2 3 Heart Ailment. Government servant (self only.) Certificate having sym- potms of Gr. Ill & IV issued by Heart Specialists/Cardiologist duly countersigned by the Medical Superintendent of the concerned hospital. Cancer. Illness of government servant Cancer Mulignant non- himself and his family i.e. plasim in active phase wife/husband and the children. duly countersigned by the M.S. of the concerned Hospital. Pul.T.B. -do- Pulmonary tuberculosis (inactive phase with risk to others and sputum positive) duly counter signed by the M.S. of the concerned Hospital Physically Government servant (self only). Physically handicapped to Handicapped. the extent of 40% (disability) Medical Certificate from the Medical Broad of the Hospital concerned and countersigned by the Medical Superintendent. Blind (categories for Government servant (self only). The blind i.e. those who physically suffer from either of the handicapped) following conditions: (a) Total absence of sight: (b) Visual Acuity not exceeding 6/60 or 20/200 (snellon) in the better eye with correcting lenses: (c) Limitation of the field of vision subtending an angle of 20 degrees or worse. Deaf (categories for Government service (self only) The deaf are those in physically whom the cause of handicapped). hearing is non- functional for ordinary purposes of life. 11. Non-acceptance of allotment of offer or failure to occupy allotted residence after acceptance-Drawal of house rent allowance :- (1) If any officer fails to accept allotment of government residence, he shall not be eligible for further allotment for one year and shall be entitled to draw rent allowance only in terms of Rule 10(3). (2) If an officer occupying a lower type of residence is allotted a residence of the type for which he is eligible under rule 5. he may on refusal of such allotment or offer of allotment be permitted to continue in the previously allotted residence on the following conditions:- (a) Such an officer shall not be eligible for another allotment for a period of six months from the date of allotment order for the higher class of accommodation: (b) While retaining the existing residence he shall be charged the same licence fee which he would have had to pay under Fundamental rule 45(a) in respect of the residence so allotted or offered or the licence fee payable in respect of the residence already in his possession whichever is higher. (3) On the basis of applications received if Authorised Officer is not in a position to allot the entitled type of accommodation, he shall issue 'No Accommodation Certificate on behalf of the Controller General, Indian Bureau of Mines, On such production of No Accommodation Certificate' by the employee, the House Rent Allowance shall be payable to employee with effect from the date of 'No Accommodation Certificate. 12. Miscellaneous :- The Controller General may also make allotment of quarters to any of the Central Government Department officers and staff in case such an application is received subject to the condition that there is no applicant from Indian Bureau of Mines for allotment and such of those people will have to pay licence fee, water and electricity charges and they will be governed by allotment of residence rules of Indian Bureau of Mines, Such allotment may be made when the supply is more and demand is less from Indian Bureau of Mines side and such an allottee will be governed by allotment rules of Indian Bureau of Mines. 13. Period for which allotment subsists and the concessional charge for further retention :- (1) The allotment shall be effective from the date on which it is accepted by the officer and shall continue in force until :-- (a) The expiry of concessional period permissible under sub-rule (2) after the officer ceases to be on duty at that particular station, or (b) It is cancelled by the Controller General or is deemed to have been cancelled under provision under these rules, or (c) It is surrendered by the officer ; or (d) The officer ceases to occupy the residence. (2) The residence allotted to an officer may, subject to sub-rule 3, be retained on the happening of any of the things specified in column I of the table given below for a period specified in the corresponding entry in column 2 thereof, provided that the residence is required for a bona fide use of the officer or member of his family : Events. Permissible period for retention of the residence. (i) Resignation, dismissal, removal of 1 month termination of service. (ii) Retirement or terminal leave. 4 months (iii) Death of the allottee. 6 months (iv) Transfer to a place outside the station 2 months of allotment of residence. (v) On proceeding on foreign service 2 months inIndia. (vi Temporary transfer in India or 4 months transfer to a place outside India. (vii) Leave (other than leave preparatory For the period of leave but not exceeding to retirement , refused leave, terminal four months. leave, medical leave or study leave) (via) Leave preparatory to retirement or For the full period of leave on full refused leave granted under average pay subject to maximum of 4 Fundamental Rule 86. months inclusive of the period permissible in the case of retirement. (ix) Deputation outside India. For the period of deputation but not exceeding 6 months except on payment of market rent. (x) Leave on medical grounds (other than For the period of leave but not exceeding R.B. leave) 8 months. (xi) Medical leave on grouds of T.B. or For the full period of leave. Cancer or such other serious illness. (xii) On proceeding on training or study For the full period of training or study. leave. Explanation :- (1) The period permissible on transfer mentioned against items (iv), (v), (vi) and (ix) shall count from the date of relinquishing charge plus the period of leave, if any, sanctioned to and availed of by the officer before joining duty at the new office. (2) Where a residence is retained under sub-rule 2, the allotment shall be deemed to be cancelled on expiry of the admissible concessional period unless immediately on the expiry thereof, the officer resumes duty at a place where a residence had been allotted to him. (3) Where an officer is on medical leave without pay and allowances, he may retain his residence by virtue of the concession under items (x) and (xi) of the Table below subrule (2), provided he remits the licence fee for such residence in cash every month and where he fails to remit such licence fee for more than two months, the allotment shall stand cancelled. 14. Provision relating to licence fee :- (1) On allotment of an accommodation. licence fee and service charges shall be charged under rule 45 of Fundamental Rules and shall be deducted from pay bills of the officer. The liability for licence fee shall commence from the date of occupation or the 8th day from the date of receipt of allotment order whichever is earlier. (2) An officer who fails to take possession of the residence that is allotted to him within 8 days from the date of receipt of allotment letter shall be charged licence fee from such date upto a period of one month or upto the re-allotment of that particular accommodation whichever is earlier. (3) Where an officer In occupation of a residence, is allotted another residence and occupies the new residence, the allotment of the former residence shall be deemed to be cancelled from the date of occupation of the new residence. He may, however, retain the former residence without payment of licence fee for that day and the subsequent day for shifting. 15. Personal liability of the officer for payment of licence fees and furnishing of surety bond of temporary Government Servants :- (1) An officer to whom a residence has been allotted shall be personally liable for payment of licence fee thereof and for any damage beyond fare, wear and tear caused thereto or to the furnitures, fixtures or fittings and services provided therein during the period for which the residence has been allotted and remain allotted to him or where the allotment has been cancelled under any of the provisions of these rules, untill the residence has been vacated and full vacant possession thereof has been restored to the Government. (2) Where an officer to whom a residence has been allotted is neither a permanent nor a quasi-permanent Government servant, he shall execute a security bond in the form prescribed for in this behalf by the Government with a surety who shall be a permanent Government servant of equal or higher status and serving under the Central Government for due payment of all rent and other charges payable by him in respect of such a residence. (3) If the surely ceases to be in Government service or becomes insolvant or withdraws his guarantee or ceases to be ineligible for any other reasons the officer shall furnish a fresh surety within 30 days from the date of his cancellation of the surety bond and if he fails to do so the allotment of the residence to him shall be deemed to have been cancelled with effect from the date of that event. (4) Water and electricity charges shall be paid by the allottee to the concerned authorities as per the matter reading and the rates specified by those authorities. Where common meter is provided the Controller General in consultation with CPWD or State PWD will fix the flat rate and the allottees will pay according to that rate. 16. Surrender of allotment and period of notice :- (1) No officer shall surrender the Government accommodation allotted to him under these rules unless specifically permitted by the Controller General or any officer authorised on his behalf, to do so subject of the fulfilment of conditions laid down under sub-rule (2) of rule 11 or in the event of his transfer to outstation office. (2) When he is permitted to surrender an allotment.- (a) he shall not retain any right on the particular residence allotted to him: (b) he shall give a notice of his intention of surrendering the residence atleast 10 days before the date of vacation of the residence. If he fails to do so. rent for 10 days or for the period for which it falls short of 10 days shall be charged. (c) he shall not draw any House Rent Allowance unless specifically sanctioned by Controller General or any authorised officer on his behalf. 17. Change of Residence :- (1) An officer to whom a residence has been allotted under these rules may apply for a change to another residence of the same type not more than one change shall be allowed in respect of one type' of residence allotted to the officer. (2) Changes shall be offered in the order of applications for the same received in the office of Controller General. (3) If an officer fails to accept the change of residence offered to him. within five days of the issue of offer of allotment he shall not be considered again for a change of residence to that type for one year. (4) An officer who after accepting a change of residence fails to take possession of the same. shall be charged licence fee for such residence in accordance with the provisions of sub-rule (1) of Rule 12 in addition to the normal licence fee under rule 45 of Fundamental Rules for the residence already in possession the allotment of which shall continue to subsist. 18. Change of Residence in the event of death of family member :- Notwith- standing anything contained in rule 15 an officer may be allowed a change of residence on the death of any member of his family if he applied for a change within 3 months of such occurrence provided that the change will be given in the same type of residence as the residence already allotted to the officer. 19. Mutual Exchange of Residence :- The officer to whom the residence of the same type have been allotted on the same station under these rules may apply for permission to the Controller General for mutual exchange and may be granted if both the officers are reasonably expected to be on duty in the same station and are interested in their mutual exchange of residence for atleast 6 months from the date of approval of such exchange. 20. Transfer to non-family stations :- If an officer is transferred on deputation to a station where he is not permitted or advised by the Government to take his family with him and the residence allotted to him under these rules is required by the family for staying at the station, the officer may be allowed on request to retain the residence in payment of licence fee under rule 45A of the Fundamental Rules till the permanent transfer of the officer to a station where he is permitted by the Government to lake his family with him. 21. Responsibility for Maintenance of Residence :- (1) An officer to whom a residence has been allotted shall maintain the residence and the premises in a clean condition to the satisfaction of the Controller General or an officer authorised by him on his behalf. (2) The officer to whom a residence has been allotted shall not grow any tree, in the premises or cut down or loop off any existing trees without the permission of the Controller General. (3) An officer to whom a residence has been allotted shall be required when he enteres into the occupation of residence, to sing as inventory of furniture any fittings etc. that are provided in the residence and also of trees planted. 22. Subletting or sharing of Residence :- (1) No officer shall share the residence allotted to him or any of the out-houses, garages and apartments etc. thereto except with the employees of Indian Bureau of Mines. The servant quarters, outhouses, garages etc. may be used only for the bona fide purpose including the residence of allottee, or for such other purpose as may be permitted by the Controller General. (2) No officer shall sub-let whole of his residence provided that the officer proceeding on leave may accommodate, in the residence any other officer eligible to share government residence as a caretaker for a period not exceeding six months. (3) Any officer who shares or sublets his residence shall do so at his own risk and responsibilities and shall remain personally responsible for any licence fee payable in respect of residence and for any damage caused to residence of its precincts or grounds or services provided therein by the Government, beyond fair. wear and tear. (4) Sharing of residence may be allowed only with the prior permission of the Controller General. 23. Consequences of breach of Rules and Conditions :- (1) If an officer to whom a residence has been allotted sublets the residence on charging rent from the sharer at a rate which the Controller General considers excessive, erects or constructs any unauthorised structure in any part of the residence or house, uses the residence or any portion thereof for any purpose other than that for which it is meant, or tampers with the electric or water connections or commits any other breach of rules or terms and conditions of the allotment, or uses the residence or premises and conducts himself in a manner which in the opinion of the Controller General is prejudicial to the maintenance of the harmonious relations with his neighbours or has knowingly furnished incorrect information in any application or written statement, with a view to acquire the allotment. the Controller General may without prejudice to any other disciplinary action that may be taken against him, cancel the allotment of the residence. (2) If the officer has failed to notify to the Controller General as provided under rules 4 (2), 20 (4) or while so notifying any application or statement supresses any material fact. Controller General may cancel the allotment with effect from the date he became ineligible for allotment of Government accommodation under the said rules. (3) If an officer sublets the residence allotted to him or any portion thereof or any outhouses, garages, stables, appurtenant in contravention of these rules, he shall without prejudice to any other action that may be taken against him be charged licence fee at four time the standard licence fee under rule 45A of Fundamental Rules. (4) The quantum of licence fee to be recovered in each case will be decided by the Controller General on merit. In addition, the officer may be debarred from the sharing of the residence for a specified period in future as may be decided by the Controller General. (5) Where action to cancel the allotment is taken on account of unauthorised subletting of the premises by the allotte, a period of sixty days shall be allowed to the allottee, and any other person residing with him 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. (6) Where the allotment of residence is cancelled for conduct prejudicial to the maintenance of harmonious relations with the neighbours, the officer at the descretion of the Controller General may be allotted another residence in the same class at a place away from the first residence. (7) The Controller General shall be competent to take all or any of the action under sub-rule 1 to 5 of this rule and also to declare the officer who commits a breach of the rules and instructions issued to him, to be ineligible for allotment of residential accommodation for a period not exceeding 5 years. 24. Overstayed in residence after cancellation of allotment :- Where after an allotment has been cancelled or deemed to be cancelled under any provisions contained in these rules, the residence remain or has remained in occupation of the officer to whom it was allotted or of any person claiming through him, such officer shall be liable to pay damages for use and occupation of residence, services, furnitures and garden charges equal to market licence fee as may be determined by the Government from time to time or twice the licence fee he has paying, whichever is higher : Provided that an officer, in special cases may be allowed by the Controller General to retain the residence on payment of twice the standard licence fee under rule 45A of Fundamental Rules for a period permitted under rule 11. 25. Continuance of allotment made prior to the issue of these rules :- Any allotment of a residence which is subsisting immediately before t h e commencement of these rules shall be deemed to be an allotment duly made under these rules notwithstanding that the officer to whom it h as been made is not entitled to a residence of the type under rule 5 and all present provision of these rules shall apply in relation to that allotment and that officer accordingly. 26. Interpretation of rules :- If any question arises as to the interpretation of these rules, it shall be decided by the Government. 27. Relaxation of rules :- The Government may for reasons to be recorded in writing relax any or all of the provisions of these rules in the case of any officer or residence or class of officers or type of residences. 28. Delegation of power of functions :- The Controller General may delegate any or all the powers conferred upon him by these rules to any officer to be called authorised officer under his control subject to such conditions as he may deem fit to impose.
Act Metadata
- Title: Indian Bureau Of Mines (Allotment Of Residence) Rules, 1993
- Type: C
- Subtype: Central
- Act ID: 10757
- Digitised on: 13 Aug 2025