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CBDT Order: Clarification on retention of residential accommodation – Proforama for retention

CBDT Order: Allotment Rules for the Departmental Pool Accommodation – Retention of Residential Accommodation -reg:-

F.No.DIT[Inf)/Unit-II/RET-l5/Policy/2014-15
Government of India
Ministry of Finance
Department of Revenue, Central Board of Directorate Taxes
Directorate of Infrastructure, New Delhi

Date: 19.05.2014
OFFICE MEMORANDUM
Sub: Allotment Rules for the Departmental Pool
Accommodation – Retention of
Residential Accommodation -reg.

Kindly refer to the O.Ms. F.No.DIT(Int)/RET-l5/POL/2004 dated 13.02.2006,
21.03.2012 as modified by OM dated 24.08.2006 and OM dated 14.02.2012. It is
reiterated and clarified that-

l. The allotment etc. of Department pool Accommodation in the Income Tax
Department is governed by allotment rules of Department of Revenue and Company
Law notification dated 8th September 1964 and as amended from time to time.

2. In normal circumstances, retention of house after the expiry of 6 months
beyond the period permined under sub-rule (2) of S.R.-317-P-12 read with
S.R.-317-P-21, is not permissible. The officers retaining the house beyond this
period shall be charged market rent as per rules.

3. Any relaxation of rules for retention of house as per SR-3l7-B-25 of the
allotment rules (supra) requires approval of Hon’ble Finance Minister. Even in
such cases where rules are relaxed for retention of house, market rent is to be
charged.

4. In case of transfers, Principal CCIT/CCIT may forward cases of retention of
house beyond the period of 8 months only in extremely rare cases with detailed
justification for the approval of Hon’ble Finance Minister.

5. The retention of Departmental Pool accommodation, upon transfer of an officer
from one station to another, thus, will be governed as per the following norms:-

S.No. Period (from date of transfer) Authority Rule Rent Proposed to be charged
1. First 2 months
As per Sub-Rule (2) of SR-317-P-12 Normal.
2. Up to further 6 months
HOD
As per SR-317-P-21 Double.
3. Any further period Finance Minister As per SR-317-P-25 Penal/Market rent.

6. The justification for forwarding a particular case shall be brought out
clearly after giving due consideration to the reasons quoted by an officer,
genuineness of the same, status of housing scenario, waitlist/changelist etc for
Departmental Pool Accommodation at that particular station or any other factors
as found relevant.
7. The cases of retention along with all relevant documents
should be forwarded to the Directorate of Infrastructure at least three
months
before the expiry of the stipulated period of 8 months.

8. The proforma for submission of proposals for retention of residential
accommodation beyond 8 months by the Principal CCIT (CCA)/CCIT concerned is
enclosed at Annexure‘A’.

9. The officer seeking retention beyond 8 months shall apply for such retentions
atleast 4 months before the expiry of the stipulated period of 8 months to the
Principal CCIT(CCA)/CCIT concerned.

This issues with the approval of Chairman, CBDT.

sd/-
(Roli Khare)
DDIT (Infra)-II
New Delhi

Proforma for submission of proposal for retention of residential accommodation
beyond 8 months in case of transfers

S. No. Particulars
1. Name of the officer and designation
2 Details of accommodation proposed for retention
3 Date of transfer order of the officer (enclose a copy)
4 Date of relieving pursuant to the transfer order mentioned in point
no. (3) above.
5 Date up to which retention has been granted by the Principal CCIT (CCA)/CCIT
6 Date up to which retention is proposed
7 Market rent for the proposed period of retention
8 Detailed reasons for retention beyond the permissible period
9 Comments of the Principal CCIT (CCA):’CCIT on the representation of
the officer.
10 Whether the applicant has agreed to pay the market rent ( enclose a
copy of the undertaking)
11 Whether the application has been forwarded to DIT (Infra) concerned,
3 months before the expiry of the stipulated period of 8 months (If not,
reasons for delay).
12 Whether the officer has occupied any Government accommodation at the
new place of posting
13 What is the waiting list for that category of house at the station
where retention is sought.

Source: http://irsofficersonline.gov.in/Documents/OfficalCommunique/1519201455352.pdf

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