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Chapter 17

November 20, 2011

INDIAN RAILWAY ESTABLISHMENT Manual (Vol – II)

CHAPTER XVII Railway quarters and Recovery of rent

             1701. When staff quarters may   provided. �While residential quarters for railway servants may be provided by railways where conditions are such that private enterprise does not adequately meet the demand for housing the Railway servants or where it is necessary for special reasons to provide quarters for certain railway servant near to their work, no railway servant has any right to be provided with quarters.

             1702. Liability to pay rent. �Subject to what is provided in paragraph 1703, rent shall be charged for all quarters occupied by railway servants. In the case of group �D� staff, the recovery of rent, where due, will be made with effect from 1-10-60.

             1703. Exceptions �The following are exceptions to the provision of paragraph 1702 above:-

(i) Non-gazetted railway servants who at any time in the course of their previous service, held in a substantive capacity a post which carried the privilege of rent free quarters or house allowance in lieu of free quarters will continue to enjoy this privilege, if in the course of their subsequent service, they hold (either in a substantive or officiating capacity) such a post, provided that rent for electric installations and fitting will continue to be charged to them at the rate of 6 % per annum on the total cost of such installations and fittings.
(ii) Group  ‘D’ staff who were appointed upto 30th June 1959 and in accordance with the extent practice of individual Railway Administrations concerned on that date, were not liable to be charged rent for quarters, when allotted, should continue to be exempted from payment of rent irrespective of whether they were actually occupying any quarters on that date or not. This concession will be admissible for so long   as they are not promoted to ‘C’ posts.
  Note:-   1.        The expression “held in a substantive capacity� should be taken to mean that the railway servant should actually have worked in a post carrying the privilege of rent-free quarters and enjoyed, the concession before the relevant date and not merely held a lien on a post carrying that Benefit.
  2.        Railway servants, who before the introduction of these rules were enjoying the concession of rent-free quarters, but not an allowance in lien, thereof, should retain that concession only.
  3.        Such of those railway servants on the old E.B. and G.I.P. Railways who were given the benefit of rent-free quarters when they wereofficiating in the posts in the entitled categories on the date of  introduction of the State Railway revised Rent Rules may, however, continue to enjoy this privilege.
  4.        The rent on electric installations and fittings is also recoverable from Group ‘D’ railway servants who are exempted from payment of rent for the quarter.
(iii) Non-gazetted railway servants of the ex-States Railways. The non-gazetted railway servants, enjoying the privilege of rent- free quarters or house rent allowance in lieu thereof on ex- States Railways prior to the date of the Federal Financial Integration, are allowed to retain the privilege as a personal concession after that date, irrespective of their option for the existing scales of pay. Railway servant who held any post in a substantive -capacity which en�titled them to this privilege on their ex-State Railway will continue to enjoy the privilege even on transfer to stations outside the jurisdic�tion of theioriginal parent ex-State Railway provided they are posted against categories which carried the concession on their original ex-State Railway.
(iv) Where hostel accommodations is provided for apprentice mechanics, train examiners etc. they should be allowed such accommodation rent-free.

             1704. Classification of quarters . For the purpose of assessment of rent quarters should .be divided into separate classes approximately according to the standard of accommodation approved for various classes of staff.

             1705. The scale of accommodation and maximum cost for each class of quarters for non-gazetted establishment have been prescribed in Railway Board’s letter No14/W2/21/46 dated 17.10.75 and 27.4.77.

            1706. Accommodation for class groups A&B officers:- No expenditure should be incurred on building houses or on making  alteration and/or additions to existing houses for   officers without the specific and prior approval of the Railway Board except to the extent of expenditure not exceeding Rs. 5000 works (other than repairs and   maintenance) in any one officer�s bungalow provided the total amount on a Railway Administration does not exceed Rs. 1,50,000 in a financial year.

Note- The scale of accommodation and maximum cost of officers quarters are laid down in Board�s letter No.74/W2/21/46 Dated 27.10.75 and 27-4-77.

 1707. (I) Standard Rent.Standard rent has been fixed flat rates for each type of quarter throughout the Railway. Each group of railway quarters has been broad-banded in various sub groups and flat rates of rent fixed for each of them as laid in Railway Board letter No. F(X)I-87/11/6 dated 25-9-87.

(ii) As  regards sub-standard houses the existing assessed rent may be increased by 10% and rounded off to the next higher rupee.

(iii) Regarding leased accommodation persons occupying the same are required to pay standard rent at 7.5% of revised pay of the officer or actual rent paid to the house owner whichever is less.

(iv) The fiat rates of standard rent etc. stipulated at item (i), (ii) and (iii) above will be effective from 1.7.87.

(v) The periodical revision of standard rent will be under taken after every three years.

             1708. It is permissible to pool the total cost of electric installations in all the quarters belonging to a class at each station and to adopt the average total cost for purpose of assessing rent on electric installations.

             1709. When a building is partly used as a residence and partly as office for which no  rent is payable, the cost of the portion occupied as residence should be separately estimated for the purpose of assessing rent. When separate accommodation is provided for the occupant and the use of part of his residence for office purposes is optional, no deduction from the rent is permissible on this account.

             1710. What the term “emoluments� means in the context of rent rules .�For the purpose of these rules the term “emoluments” will include:–

(a) All allowances of the nature of pay including pension paid from Indian Revenues (Whether Railway Revenues or not). In the case of non-pensionable re-employed persons it includes pensionary equivalent of provident fund benefits.
(b) Fees which are received in the form of a fixed addition to monthly pay and allowances as part of the authorized remuneration of a post.
(c) compensatory allowances other than travelling allowances and uniform allowance granted to nurses.

In the case of a railway servant under suspension and in receipt of a subsistence grant “emoluments” mean the amount of subsistence grant received, provided that if such a railway servant is subsequently allowed to draw pay for the period of suspension, the difference between the rent recovered oh the basis of the subsistence grant and the emoluments ultimately drawn should be recovered from him.

Note: –

(1) The amount of pension to be taken into account will be the amount originally sanctioned i.e. before commutation if any, and will also include the pensionary equivalent of death-cum-retirement gratuity and other forms of retirement benefits, if any, for example Government contribution and special contribution to provident fund in the case of non-pensionable staff, commuted value of pension etc. However, pension drawn under the provisions of Chapter XVII of Indian Railways Establishment Code, Vol. II, and the Railway Services Extra-Ordinary Pension Rules, 1941, or compensation received under the Workmen’s Compensation Act, 1923, as subsequently amended are not included under the term “emoluments” for the purpose of this rule.
(2) Over time allowance paid to railway servants, which is not received in the shape of a fixed or consolidated addition to monthly pay and allowances as part of the authorized remuneration of their posts, should not be treated as part of “emoluments” for the purpose of this paragraph. Similarly, night duty allowance and children’s education allowance will not also be treated as emoluments for this Para.
(3) For the purpose of this paragraph, only that portion of the fees received by the railway servant, which he is allowed to retain under the rules will count as emoluments.
(4) (i) Dearness pay will also be treated as part of the �emoluments� for the purposes of recovery of rent for quarters, provided that in the case of persons in occupation of quarters on 31st March 1953, only half the dearness pay should be treated as part of the �emoluments� until individual concerned:�
    (1) receives promotion to a higher post, or
    (2) is allotted and occupies a quarter of a different class.
  (ii) if a railway servant is promoted to a higher post for a short period not exceeding 3 months, on reversion to post held by him on 31st March, 1953, or even to a lower post, the concession of treating only half the dearness pay as “emoluments” as defined in this paragraph, will be restored to him. In case he is reverted to a lower post from 1st April 1953 onwards, the concession, referred to above, will not be denied to him on his subsequent promotion to the post held by him on 31st March 1953. Grant of any special pay will be treated as promotion for the purpose of these orders.
  (iii) If a railway servant, occupying residence of a lower or higher class (than that to which he was entitled) on 3lst March 1953, was allotted residence of his appropriate class or where a railway servant, occupying residence of his appropriate class, is allotted a lower class of residence at his own request on or  after 1st April 1953, he should pay rent on full dearness pay.
  (iv) If a railway servant, occupying Government residence at one station on 31st march 1953 is transferred to another station on or after 1st April 1953 on subsequent allotment of Government accommodation at the new station he should be required to pay rent on full dearness pay.

 1711. Recovery of rent. (a) The rent charged to a railway servant in respect of quarters supplied should  not exceed 10 per cent of his/her monthly emoluments irrespective of the scales of pay allotted.

(b) Notwithstanding anything contained in  sub-paragraph (a) Railway Administration may, by general or special order, provide for charging a rent in excess of 10 per cent of the emoluments from a railway servant�

(i) Who, is not required or permitted to reside on duty at the station at which the residence is supplied to him, or
(ii) Who, at his own request, is supplied with accommodation which exceeds   that which is appropriate to his status, or
(iii) Who is permitted to sublet the residence supplied to him, or
(iv) Who sublet without permission the residence supplied to him, or
(v) Who does not vacate the residence after the cancellation of the allotment.

Note.    Rent will be recovered from such railway servants who sublet their quarters without permission of the competent authority at the rate of 7� % per cent of the total outlay of the quarter including the cost of land.

 1712. Recovery of rent in the case of Joint occupation of Quarters.(a) When a railway quarter is allotted to a railway servant (gazetted or non-gazetted) he will not transfer or sublet any portion of the same to any other person, whether a railway servant or an outsider, without first obtaining permission to do so from the Divisional Railway Manager or the Head of department. This permission shall as far as railway servants are concerned only be granted on the following conditions:-

(i) No railway servant vacates a quarter for the express purpose of thus sharing another quarter;
(ii) By this sharing, no other suitable, railway quarter, at the station, is rendered vacant;
(iii) When a quarter is allotted to more than one railway servant, the assessed rent should be recovered proportionately on the basis of floor area occupied by each railway servant. The amount to be recovered from a railway servant should not, however, exceed 10 per cent of his emoluments or his share of the assessed rent, whichever is less. No share will be recoverable from the railway servant entitled to rent free quarters;
(iv) The Financial Adviser and Chief Accounts officer should be informed of each case in which joint occupation is permitted under this paragraph.

(b) When outsiders are permitted to occupy the quarter jointly with railway servants, the railway servants will be considered as the occupiers of the quarter and shall pay the full standard rent of the quarter.

(c) Allottees of railway quarters may be permitted to take in sharers, irrespective of the pay drawn by them (allottees). In this respect no distinction need be made for any categories of staff.

 1713. Occupation of higher or lower type of quarters. If railway servants are provided with accommodation equal to or superior to that to which they are entitled, they should pay the rent due for their appropriate type of quarters for which they are eligible. If group ‘C� railway servants are allotted group �D� Staff quarters, the standard rent on such quarters subject to the maximum of 10 per cent of pay of the railway servants, should be recovered. These quarter can be allotted to group ‘C’ railway servants only when there are no group �D� railway servants at the station to occupy them and no group �C� staff quarters are available.

 1714. Responsibility of railway servants for payment of rent.Quarters are allotted under the rules made by the Railway Administration. Unless eligible for free quarters the incumbent of a post, whether permanent or temporary for which a quarter is allotted, should be held responsible for the prescribed rent during the period of his incumbency. When a railway servant holds temporary charge of a post in addition to his permanent post, he is liable only for the rent of the building allotted for the permanent post ,or the rent of the building allotted for the other post, if he is permitted by the General manager to occupy it. A period, of exceeding one week, may be allowed for the occupation of. an officer’s bungalow specifically allotted to a post, at the time of change in tenancy.

             1715. Levy of water charges, etc.-(i) When quarters are occupied jointly by officers, each officer will pay water charges individually and separately at the rate applicable to him, but if water charges for garden purposes are leviable, the recovery will be made only from the officer to whom the quarter is let and not from all.

(ii) When quarters are occupied Jointly by an officer and an outsider, the outsider will pay the same amount of water charges as the officer himself pays.

Note.Rate of water charges and the procedure to be followed should be as laid down in Railway Board’s letter No. F (X)II-54/TX33/:2’deated 2.9.59 as amended from time to time.

             1716. Payment of taxes.Non-gazetted railway servants are exempted from the payment of local taxes of leviable on railway buildings (as opposed to taxes of a personal nature leviable on railway servants such as Hassiyat tax, Circumstances and property tax, ect .) Whether the services are rendered by the railway or by a municipality or similarly other local bodies. This concession is also admissible to non-gazetted railway servants during the period they officiate as gazetted railway servants.

In regard to the conservancy services, rendered to non-gazetted railway servants by the Railways, the general rule to be followed should be that the tenant should pay for the services rendered inside the quarters. The rate of charge may, however, be fixed by each railway Administration as may be considered adequate. When conservancy services are rendered by the Railway Administration, inside individual quarter, the Railway servants including class IV railway servants occupying the railway quarters, should pay rate conservancy charges, irrespective of the fact whether they pay house rent or not.

Recovery of cess charges, in case of joint occupation by two or more railway servants, shall be made individually from each railway servants, according to his rate of pay. When quarters are occupied jointly by a railway servant and an outsider, the cess shall be recovered from the railway servant only.

             1717. In the case of residential buildings occupied by gazetted railway servants, taxes, which are by local law, rule or custom ordinarily leviable on tenants, should be paid by the occupant during the term of his occupancy. If by local law, rule or custom the tax in chargeable to the owner, it will be payable by the railway and will be adjusted as part of the cost main�tenance. Water and conservancy charges will be recovered in addition.

             1718. The municipal taxes, assessed on the annual value of the residential buildings, in which office accommodation is also provided, or on the land appertaining to them, should be treated as separate from the rent. The officer, occupying the residential portion should pay the share of such tax, corresponding to the share of the rent payable by him and the Railway should be debited with the balance.

             1719. Remission of rent and waival of recoveries.subject to the proviso that exemption from payment of rent is restricted in individual cases to a maximum period of three months, the General Manager may exempt the incumbent of a post from occupying the quarter allotted to the post and from paying rent therefor in the following circumstances: –

(i) When a railway servant is temporarily transferred to a post;
(ii) When the quarter is subjected to extensive repairs, such as renewals of roofing, replacement of flooring. or such other special works necessitating the vacation of the whole quarter.
(iii) When a railway servant is required to vacate the quarter under medical advice on account of an infectious disease or epidemic.

In other case, remissions of rent require the sanction of the Railway Board.

             1720. When a non-gazetted railway servant, entitled to rent-free quarters or house allowance in lieu thereof, is appointed to officiate as a gazetted railway servant, he may be allowed, either total or partial, remission of rent of the railway quarter, if any, occupied by him or permitted to draw the house rent allowance, he was in receipt of, in full or in part, subject to the conditions specified by the government from tome to time in this regard.

Note.�

(1) The term “emoluments” does not include a compensatory account of high cost of living.
(2) The above concession is also admissible on confirmation as a gazetted railway servant.
(3) The basic intention of this paragraph is that although promotion to a gazetted post entails liability to pay rent for one who was previously entitled to rent-free quarters, that liability should be-reduced wholly or partially so as to leave the individual with a net increase in emoluments. It follows, therefore, that when a group ‘C’ railway servant who was occupying rent-free quarters, could not be provided with any quarters on promotion to group ‘B’ this benefit should be given to him in the shape of House rent Allowance partially or in full since every eligibility for rent-free quarters carries with it the eligibility for House Rent Allowance in lieu.

             1721.     (1). When a non-gazetted railway servant, who is not entitle to rent free quarters, or house allowance in lieu, is appointed to officiate in a gazetted post and is occupying a railway quarter, he may be allowed partial remission of rent as per condition specified by government in this regard from time to time.

(2) For this purpose if a group ‘C employee transferred from one unit to another of a railway is promoted to officiate in a Gazetted group ‘B’ post, the remission of rent due to him should be assessed on the basis of the rent payable by him as a non-gazetted employees in the original region, irrespective of whether or not his promotion to group ‘B’ entails a transfer to the other region.

Note.- The terms �substantive pay” “officiating pay” do not include compensatory allowances granted on account of the high cost of living.

(1) The above concession is also admissible on confirmation as a gazetted railway servant.
(2) For this purpose if a railway servant, while officiating in a non-gazetted post is appointed to officiate in a gazetted post the pay of the lower officiating post may be considered as substantive for the purpose of this para provided he has completed three years in the lower officiating post.

 1722. In cases in which there has been omission to recover rent due from a railway servant, the General Manager, or any lower authority to whom he may delegate powers in this respect, may waive recoveries in respect of all periods more than one year prior to the date on which the omission was discovered and intimated to the authority responsible for the recovery, provided the railway servant was in the reasonable belief that he was not liable to pay the rent in question. In respect of periods of not more than one year prior to the date of detection, recovery may be waived by the General Manager in the non-gazetted railway servant.

 1723. General Managers are empowered to sanction at their discretion the occupation of quarters by non gazetted railway servants free of rent on occasions of temporary transfer from their headquarter in connection with troop traffic, accidents or any other emergent cause. Such sanction should, as a rule, be given only in the case of railway servants paying rent for their quarters at their home station during such temporary absence.

 1724. The incumbent of a post, for whom a quarter has been provided may during the absence on leave, not exceeding four months in duration, be allowed by the General Manager or by any lower authority, not below the rank of Divisional superintendent or the Head of a Department to Whom the General Manager may delegate the power, to store, at his own risk, his furniture and other belongings, rent-free in the quarters he has been occupying provided that both the conditions specified below are fulfilled:-

(a) The locum tenens does not require the residence and is exempted from the payment of the rent thereof under paragraph 1721 above, and
(b) Arrangements cannot be made to allot or lease the house during his absence.

               1725. (a) If a railway servant is temporarily transferred to another station for a period not exceeding four months, he may be permitted to retain his quarters at the original station, provided.

(i) the locum tenens does not require the quarters, and
(ii) the railway servant pays rent for the quarters, irrespective of the fact whether he was paying rent for the quarters or was entitled to rent free quarters before his transfer.

(b) If a railway servant occupies quarters at the new station also, he should pay rent for these quarters in addition, unless the post, to which he is transferred, carried the concession of rent-free quarters before the introduction of the revised rent rules and the railway servant is eligible to rent-free quarters.

(c) The ten percent limit, referred to in paragraph 1713, applies separately to the rent of the quarters at the old station and that at the new station.

 

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