~-..ra~

F. No .LAlEstates(Order)UTLl2020(06)

THE ADMINISTRATION OFUNION TERRITORY OF LADAKH

ESTATES DEPARTMENTE-mail:-hp.estateutl@gmail.com

Civil Secretariat, UT LadakhOated:- 02.12.2020

Subject:- Guidelines for allotment of government accommodation and hiringof private accommodation for government employees.

Order No:06-LA(Estates) UTL of 2020Dated:- 02.12.2020

In supersession of a" orders on the subject, it is hereby ordered thatAdministration of residential accommodation under the control of the EstatesDepartment and related matters shall be governed by the Estates Department,Union territory, Ladakh as per the guidelines appended to this Order.

This order shall come into force with immediate effect.

By order of the Lt. Governor UT Ladakh.

Sd/-(Ajeet Kumar Sahu) IAS

Commissionerl SecretaryEstates Department

Copy to the:-1. Commissioner/Secretary (RS).2. Secretary (S8)/ Divisional Commissioner, Ladakh.3. Secretary Law Department, Ladakh.4. Administrative Secretary, (RK) Ladakh.5. Deputy Commissioner/CEO, LAHDC, Leh/Kargil.6.;Joint Director, Hospitality & Protocol, Ladakh.J. District Informatics Officer, NIC, Ladakh for uploading on the UT Website.8. OSD to Hon'ble Lt. Governor, Union Territory of Ladakh for information of Hon'ble

Lt. Governor.9. OSD/ Private Secretary to Hon'ble Chief Executive Councilor, LAHDC, Leh/ Kargil

for information of Hon'ble CECs.10. Private Secretary to Advisor to Hon'ble Lt. Governor for information of Advisor to

Hon'ble Lt. Governor.11. Private Secretary to Commissioner/ Secretary, Estates Department for informatio

of Commissioner/Secretary.12.Office/ Order file. .\

~ (Sonam Chosdon)~ Under Secretary

Estates Departme

(1 )ANNEXURE TO ORDER NO:06-LA(Estates) UTL of 2020 Dated:- 02.12.2020

GUIDELINES GOVERNING ALLOTMENT OF RESIDENTIALACCOMMODATION OF THE ESTATES DEPARTMENT

1.Short title and commencement:(1) These guidelines may be called Union territory ofLadakh Estates Department (Allotment of Government accommodation) Guidelines,2020.

(2) These shall come into force with immediate effect.

2.Definitions:-ln these guidelines, unless the context otherwise requires:-a) "Administration" means Administration of Union territory of Ladakh.b) "Estates Department" means the Department of the Administration in the Civil

Secretariat having administrative control over Estates.c) "Official" means any employee serving with Administration in any capacity.d) "Official on deputation" means officer or staff deputed by other

government/administration to serve in Ladakh.e) "Pay Level" means the pay levels prescribed for a post held by a Official in terms of

ih Pay Commission Rules.f) "Family" means the wife or husband, as the case may be and children, step

children, legally adopted children, parents, unmarried brothers or sisters asordinarily residing with and are dependent on the employee.

g) "Allotment" mean the grant of licence to occupy a residential accommodation inaccordance with the provisions of these guidelines.

h) ''Type'' in relation to an Official means the type of residential accommodation towhich he/she is entitled under these guidelines.

i) "Residential accommodation" means the residence allotted in favour of an officialby the Estates Department under these regulation.

j) "House" in relation to an Government employees or member of his family means abuilding or part thereof used for residential purpose.

k) "Allotment year" means the year beginning on 1st January or other such period asmay be notified by the Administration in this behalf.

Explanation:- Pay Scales held by a Government employee in terms of NonFunctional Schemes (NFS) shall not be taken into consideration for purposes ofallotmennt in terms of these guidelines.

I) "Licence fee" means a fee payable monthly in accordance with the provisions ofthese guidelines.

m) "Transfer" means a transfer from the present working place where theaccommodation is allotted to any other working place.

3. Classification of residence: Allotment to officials shall be made by reference tofollowing classification

SLNo Type of Accomodation Entitlement Pay Level1 Special A-Plus Quarters L~I -17 and above2 Special A-Quarters Level ~-Q 163 A-type Quarters Level-12 to 13A--4 B-type Quarters Level-8 to 115 C-type Quarters Level-6 to 7 416 2 Room set Level-2 to 57 1 Room set/Dormitories Level SL-1 to Level-1

(2)

Estate department with the approval of the Advisor to Hon'ble LG shall be competent toissue classification of various houses under above specified categories.

4. Pool of Residences: The Estate department shall maintain different pool of residencesfor different categories as per details below;

a. Designated Houses: Houses for Advisor and Administrative Secretarieswould be earmarked and shall not be alotted to anyone else.

b. AIS Officers Pool Houses: A different pool of houses shall be maintainedexclusively for the AIS officers

c. General Pool Houses: A general pool of houses shall be maintained for allthe other officers and staff as per their entitlement and category.

d. Officers/Staff Hostels: Few accommodations shall be kept available to beused as hostels for officers and staff who donot need or wish to get alottmentof a house.

5. Private accomodation:-In absence of government accommodation of prescribedcategory the officials shall be entitled for allotment of privately hired accomodation onexpense of the administration. Maximum permissible rent for hired houses/flats shall benotified by the Estate Department from time to time.

6. Licence fee and furniture rent:- Flat rates of licence fee per month shall be applicableas per level of the pay of the officials as notified by the Estate Department from time totime with the approval of the Hon'ble Lieutenant Governor.

7. House Rent Allowance:-HRA shall deducted as per extant rule in vogue from the salary of official gettingalottment of a house under these rules.

8. Non-eligibility for allotment of residential accommodation:-Residential accommodation shall not be allotted to :-

a) Persons who own or possess a house at the placeof posting either in his ownname or in the name of any member of his/her family.

b) Persons who are in default in the payment of license feel furniture rent for aperiod exceeding one year.

9. Application for allotment:- (1) Every Officer/official desirous of applying for residentialaccommodation shall submit his/her application to Estates Officer duly endorsed byhis/her Department in such form and manner and by such date as may be specified bythe Estates department in this behalf.

The Estates shall maintain a waiting list of the applicants for each category of residentialaccommodation according to entitlement under these guidelines by assigning and serialnumber to each application under each category as specified in clause -4 above, andallotment status for all the allottees/ applicants. However, the officials on deputation shallhave priority on allottment of acommodation and in case of non availability ofgovernment accommodation will be provided hired private accommodation forthwith.

10. Non acceptance of allotment or offer or failure to occupy the allotted residence:-

(1)If any officer/official fails to take possession of the allotment of a residence within tendays the allotment shall stand cancelled and he shall not be eligible for an herallotment for a period of one year from the date of such cancellation.

(3)

(2)lf an official occupying residential accommodation of a lower type is allotted oroffered a residence of the type for which he is entitled to under these guidelinesand for which he has applied, he may, on refusal of the said allotment or offer ofallotment be permitted to continue on the previously allotted residence on thefollowing conditions: .

(a). That such Official shall not be eligible for another allotment for the remainingperiod of the allotment year in which he has declined the allotment of Official.

(b). While retaining the existing residential accommodation he shall be chargedthe same licence fee which he would have to take under these guidelines inrespect of the residence so alloted or offered or the licence fee papyable inrespect of the residential accommodation already in his possessionwhichever in higher.

11. Period for which allotment subsists:- (1) An allotment shall be effective from the dateon which possession is taken by the Official and shall continue in force till:-

(a) The expiry of the permissible period under these guidelines;(b)' It is cancelled by the Estates Department or is deemed to have been

cancelled under any provision of these guidelines;(c) It is surrendered by the Official;(d) The Official ceases to occupy the residence.

12. Retention on resignation, retirement and dismissal etc (1). An Official may retain hisallotted residence on the happening of any of the event and for the period specifiedbelow provided that the residence is required for the bonafide use of the Official ormembers of his family:-

Permissible period forEvents retention of the residential

accommodationI. Resig nation, dismissal, removal from One month

service, termination of service orunauthorized absence without permission

II. Retirement or terminal leave Three monthIII. Death of the allottee Three monthsIV. Transfer to a place outside from existing One month

place.v. Study Leave Actual period of leave or two

years, whichever is earlierVI. Leave (authorized) For the period of leave

(2) Where a residential accommodation is retained under clause (I) above, allotmentshall be deemed to have been cancelled on the expiry of the permissible period.

(3) An Official who has retained the residential accommodation under item (i) or (ii) ofclause (I) he shall, on re-employment be entitled to retain the residentialaccommodation and shall also be eligible for any further allotment of residentialaccommodation under these guidelines with effect from such date prior to expiry ofthe period referred to in clause (I) as he may specify and the Estates Depargnentshall act accordingly.

(4)

(I) The Administration shall charge such licence fee and rent for the furnitureissued to different category of officials for their residential accommodation as itmay determine from time to time.

13.Charging of licence fee and Furniture rent :-

(2) The liability for payment of licence fee shall commence from the period ofoccupation or acceptance of residential accommodation.

(3) Where an official , who is in occupation of a residential accommodation isallotted another residential accommodation and he occupies the new residentialaccommodation, the allotment of the former residence shall be deemed to havebeen cancelled from the date of occupation of the new residentialaccommodation. He may, however retain the former residential accommodationwithout payment of licence fee for that day and the subsequent day for shiftingIf the former residential accommodation is not vacated by the subsequent dateas aforesaid, the Official will be liable to pay for use and occupation of theresidential accommodation, services, furniture and Garden charges as may bedetermined by the Administration from time to time with effect from the datethey are taking possession of the later residential accommodation.

14. Personal liability of the official for payment of licence feel furniture rent when theresidential accommodation is vacated:-

(1)The Official to whom a residential accommodation has been allotted shall bepersonally liable for the licence fee thereon and for any damage beyond fairwear and tear caused thereto or to the furniture, fixtures or fittings or servicesprovided therein by the Estates Department during the period for which theresidential accommodation has been and remains allotted to him or where theallotment has been cancelled under any of the provisions of these guidelines,until the residence along with out-houses and apartments have been vacatedand vacant possession has been restored to the Estates Department.

(2) Where the official to whom a residential accommodation has been allotted isneither a permanent nor a quasi-permanent Government employee, he shall,execute a security bond in the form prescribed in this behalf by the EstatesDepartment with a surety of a permanent Government employee serving underthe Administration of UT Ladakh for due payment of licence fee and othercharges due from him/her in respect of such residential accommodation.

(3) If the surety ceases to be in Government service or becomes insolvent orceases to be available for any other reason, the Official shall furnish a freshbond executed by another surety within 30 days from the date of his acquiringknowledge of such event or fact and if he fails to do so, the allotment of theresidential accommodation to him/her shall, unlessotherwise decided by theEstates Department, be deemed to have been cancelled with effect from thedate of that event.

•

(5)

15. Surrender of an allotment and period of notice:-(I) An Official may at any time surrender an allotment by giving intimation to the

Estates Department at least five days before the date of vacation of theresidential accommodation. The allotment shall be deemed to be cancelled witheffect from the sixth day after the day on which the letter is received by theEstates Department or the date specified in the letter whichever is later. If hefails to give such notice, he shall be responsible for payment of licence fee andfurniture rent for the number of days by which the notice given by him falls shortof six days provided that Estates Department may accept a notice for a shorterperiod.

(2) An Official who surrenders the residential accommodation under clause (I) shallnot be considered again for allotment of residential accommodation at the samestation for a period of one year from the date of such surrender.

16. Maintenance of residence:- The Official to whom a residential accommodation shallmaintain the residence and premises in a clean condition to the satisfaction of EstatesDepartment. Estate department shall be taking up its routine and annual maintenanceas per PWD Norms.

Subletting of accommodation and sharing residence:-(i) The allottee shall reside in the accommodation allotted to him with his family

only;(ii) An allottee shall not sublet the whole or part of accommodation allotted to him;

Provided that an allottee proceeding on leave may accommodate, in theaccommodation his/her immediate relations, as a caretaker, by submitting,along with his leave application, the details of such immediate relation, to theEstate Department. However, the maximum period of such accommodation bya caretaker shall not be exceeding three months.

(iii) If an allottee to whom an accommodation has been allotted, unauthoriedlysublet the accommodation, the Estate Department may without prejudice to anyother disciplinary action that may be taken against him, cancel the allotment ofthe accommodation from the date of inspection.

17.

18. Breach of Guidelines:- If an Official to whom a residential accommodation has beenallotted sublets the residence or shares it with unauthorized person(s) or erects anunauthorized structure in any part of the residential accommodation or uses any portionof it for any purpose other than that for which it has been allotted or tampers withelectric or water connections of commits any breach of these guidelines or of the termsand conditions of allotment or uses the residential accommodation permits it to be usedfor any purposes which the Estates Department considered to be improper onconducts himself in a manner which, in the opinion of the Estates Department isprejudicial to the maintenance of harmonious relations with neighbours or knowinglyfurnished incorrect and false information in any application or written statement with aview to secure the allotment, the Estates Department may, without prejudice to anyother disciplinary action that may be taken against him, cancel the allotment of theresidential accommodation. •

(6)

19. Continuance of allotment made prior to these guidelines:-AII the allottees ofaccommodation shall pay the requisite licence fee in advance for retention of theaccommodation allotted to them

20. Notwithstanding anything provided under above rules the officials would be allottedaccommodation in government guest houses or hired private hotels/Guest houses onlong term basis till availability of suitable accommodation on payment of charges asprescribed by the Estate Department from time to time.

21. Interpretation of rules:- If any question arises as to the interpretation of theseRegulation, it shall be decided by the Administration of UT Ladakh and such decisionshall be final.

22. Relaxation:- The Lieutenant Governor of UT Ladakh may for reasons to be recorded inwriting relax any or all of the provisions of these regulation in the case of any allottee orany accommodation or class of allottees or type of accommodation or on any othermatter.

*****

•