Retention of Railway quarters by Railway employees on transfer, retirement, etc.
10.1 Permanent Transfer:
(a) A Railway employee on transfer from one station to another which necessitates change of residence, may be permitted to retain the railway accommodation at the former station of posting for a period of two months on payment of normal rent or single flat rate of licence fee/rent. On request by the employees, on educational or sickness account, the period of retention of railway accommodation may be extended for a further period of six months on payment of special licence fee, i.e. double the flat rate of licence fee/rent. Further extension beyond the aforesaid period may be granted on educational ground only to cover the current academic session on payment of special licence fee.
Beyond the permitted/ permissible limits, however, no further extension will be allowed on any ground whatsoever. Therefore, no request or representation on this score shall be entertained. For all occupations beyond the permitted period, immediate action should be taken to cancel the allotment, declare the occupation as unauthorized and initiate eviction proceedings, charging damage rent for the over-stay.
(b) Where the request made for retention of railway quarter is on grounds of sickness of self or a dependent member of the family of the railway employee, he will be required to produce the requisite Medical Certificate from the authorised Railway Medical Officer for the purpose.
(c) In the cases where the employee or his/her family member etc. is receiving treatment from other streams of medicines like Homoepathy, Ayurved, Unani, etc. and the employee wishes to avail retention of Railway quarter on transfer / retirement/ etc. on medical grounds [subject to eligibility as per policy instructions], he may apply in writing to the concerned Railway Medical Officer requesting for a Medical Certificate with details of sickness and subject himself / herself for medical examination. The Railway Medical Officer on examination of the sick person may issue a Medical Certificate with his recommendations, if any, as per his/her assessment.
(d) In the event of transfer during the mid-school/college academic session, the permission to be granted by the competent authority for retention of railway accommodation in terms of Item (a) above will be subject to his production of the necessary certificates from the concerned school/college authority by the concerned Railway employee.
[Ref.No. E[G]2000 QR1-21 dt. 1-6-2001, E[G]2002 QR1-7 dt. 13-11-2002]
10.2 Special provision in respect of employees transferred to N.F. Railway
(a) A Railway employee who has all India transfer liability or, in the exigencies of public service, is posted on transfer to the N.F. Railway, will be permitted to retain railway accommodation allotted to him/her at the last station of his/her posting, on payment of normal rent/single flat rate of licence fee/rent upto 30-06-2008 or till revised orders are issued, whichever is earlier.
[Ref.No. E[G]2005 QR1-3 dt. 12-9-2005]
(b) Since the retention of quarter at the previous place of posting in favor of the officers who have been transferred and posted to NF Railway is allowed for bona fide use of the dependent family of transferred railway officer, he / she will furnish certificate on 1st July and 1st January of every year, stating that his/her dependent family members are actually residing in the railway quarter at the last station of his / her posting. Such a certificate will also have to be furnished at the time of seeking retention.
(c) If no such certificate is received by 31st January and 31st July every year respectively, the quarter controlling authority may cancel the allotment of the quarter in question.
(d) The request for retention of entitled accommodation should be received within a period of one month from the date of relinquishing of charge at the last station of posting.
[Ref: No. E[G]98 QR1-17 dated 17-11-99]
(e) Such officers/staff who by virtue of the aforesaid instructions have been retaining Railway quarter at the previous place of posting and on completion of their tenure at NF Railway are posted to a place other than the previous place of posting [i.e. where they have been retaining the quarter], they will be eligible for permission to retain Railway quarter under their occupation as admissible in the case of permanent transfer. In other words, for the purpose of retention of quarter, the cases of such employees may be treated as if they have been transferred from the place they have been retaining the quarter and permission for retention of quarter considered as admissible in the case of permanent transfer.
[Ref.No. E[G]97 QR1-29 dated 15-09-98]
(f) In the event Railway officer / staff on transfer from one place to another involving change of residence has been permitted to retain the Railway accommodation at the previous place of posting as permissible under the relevant instructions and during the period of such authorized retention of Railway accommodation, the officer / staff is again transferred to NF Railway in that case the place where the employee is in authorized retention of Railway accommodation in terms of the permission granted in his /her favour by the competent authority, may be taken as "the previous place of posting" for the purpose of retention of Railway accommodation provided that the concerned employee has not been allotted any regular accommodation at the new place of posting. These instructions shall also apply to cases where retention of quarter is/had been permitted under any other general or specific order of the Ministry of Railways.
[Ref: No. E[G]2001 QR1-19 dated 4-10-2001]
10.3 Special provison in respect of Northern Railway employees posted in New Delhi / Delhi area on transfer to the Railway Board’s Office
An employee of the Northern Railway posted to Ministry of Railways (Railway Board) at New Delhi/Delhi area may be permitted to retain the Northern Railway quarter at New Delhi/ Delhi area for a period of 4 months on payment of normal rent/ flat rate of licence fee/rent. Further retention for another two months on the grounds of sickness or for 4 months on the grounds of education of children may be allowed subject to fulfillment of conditions in regard to production of certificate from the medical/school/college authorities. This will be subject to :-
a. That the employee on transfer to Board's office immediately applies for allotment of General Pool accommodation; and
b. That when an allotment is made by the Directorate of Estates the employee accepts the allotment and moves to the accommodation within the permissible period.
[Ref:No. E[G]85 QR1-9 dated 15-1-90]
10.4 On transfer to the same electrified suburban area
An employee posted at a station in the electrified suburban area of a Railway may on transfer to another station in the same electrified suburban area, be permitted to retain the Railway quarters at the former station on payment of normal rent/flat rate of licence fee/rent provided:-
a. The Railway administration is satisfied and certifies that the concerned employee can conveniently commute from the former station to the new station for performance of duty without loss of efficiency; and
b. The employee is not required to reside in an earmarked Railway quarter.
[Ref:No. E[G]85 QR1-9 dated 15-1-90]
10.5 Retention of Railway accommodation by the Railway Audit staff
Since the staff of Railway Audit Department also encounter the same difficulties of dislocation on transfer from one place to another and have to apply to the same Quarter Controlling Authorities for allotment of Railway accommodation as the Railway employees, staff of Railway Audit Department may be extended similar facilities for retention of Railway accommodation in the event of transfer necessitating change of residence as extended to Railway employees as per para 1 of Board’s letter No. E[G] 2000 QR1-23 dated 01-06-01(Para 10.1 of this master circular) Accordingly, the following provision is added as item [d] under para 1 of Board’s letter No. E[G] 2000 QR1-23 dated 01-06-01 and may be deemed to be part of the instructions from that date:
“[d] These instructions will also be applicable to the employees of Railway Audit Department in allotment and occupation of Railway accommodation.”
Ref: No. E[G]2005QR1-13 dated 06-07-06 ]
10.6 Retention of railway quarters by apprentices.
A serving employee who is selected as an apprentice either departmentally or through the R.R.B. may be allowed to retain the Railway quarters at the station from where he/she proceeds on training, during the period of his/her apprenticeship.
Note:
i. All transfers should be treated as permanent transfers unless the orders of transfer themselves specifically indicate that the transfers are "temporary".
ii. In the case of house owning employees the normal rent means the rent required to be paid by the house owning employees in terms of the Ministry of Railway's letter No. E(G)77 QR 1-53 dated 11.07.1984 and E(G)87 QR 1-21 dated 18.03.1988 .
iii. A member of family means husband or wife, as the case may be, and child/children only. Dependent relatives such as widow mother, dependent brother or sister are not to be included for the purpose of these concessions.
iv. The current academic session refers to annual academic course ending with annual examination plus 15 days and not till the results thereof are announced. It does not also mean the total duration of any course of study; for example, in respect of three years degree course, the current academic session means first or second or third year of the course, as the case may be, and not the total three years.
An employee will have to furnish proper certificates from the recognised institution. Certificates for attending any part time course or any course not recognised by the Education Department of the State is not acceptable for the purpose of retention of railway quarter on educational ground.
v. In case an employee requests for retention of quarter on the ground of sickness of self or a family member and also on account of education of a child/children, the permissible periods for retention of quarter on the ground of sickness and/or education will run concurrently, and not in separate spells.
[Ref: No.E[G]85QR1-9 dated 15-1-90 & E[G]2006 QR1-14[A] dated 20-11-2006]
10.7 Temporary Transfer
a. During the entire period of "temporary" transfer an employee may be permitted to retain the quarters at former place or posting on payment of normal rent/flat rats of licence fee/rent. Temporary transfer should not, however, be ordered for a period of more than 4 months unless there are pressing circumstances.
b. Temporary transfers of non-gazetted employees initially for a period in excess of 4 months or by extension of the temporary transfer for periods aggregating more than 4 Months should be ordered personally by an authority not lower than the Divisional Railway Manager. In respect of Gazetted employees, such temporary transfers should be ordered with the approval of the General Manager.
c. In cases where temporary transfer is converted into permanent one, the railway employee may be allowed to retain the railway accommodation at the old duty station for further period as admissible on permanent transfer on payment of rent as prescribed therefore, from the date on which the employee is informed of the permanent transfer. This period will be over and above the period already allowed to the employee on temporary transfer.
d. The Railway Administrations should review all cases of temporary transfer well before expiry of the period of 4 months of temporary transfer and decide whether the temporary transfer already ordered should continue to be temporary or be converted into a permanent one, to ensure that in the cases where temporary transfers are converted into permanent ones, the total period of retention of Railway quarters on payment of normal rent flat rate of licence fee/rent is normally restricted to a period of 6 months.
Note: If an employee already on temporary transfer to a station is again transferred to yet another station either on temporary or on permanent basis, the permissible period of retention of railway quarter as applicable in the case of temporary or permanent transfer will count from the date of transfer of the employee from the station concerned, for the purpose of retention of quarter at the original station. In the case of permanent transfer of an employee to another station from the station where she/he was on temporary transfer, the limit of six months as in para 10.7[d] above, for retention of quarters at the original station on normal rent flat rate of licence fee/rent will not apply.
[Ref: No. E[G]85 QR1-9 dated 15-1-90]
10.8. Surplus staff
Railway employees rendered surplus and posted at a new station be allowed retention of Railway accommodation already allotted to them at their respective previous places of posting on normal rent for a period of 3 years or till allotment of Railway quarter at the new place of posting whichever is earlier. The period of 3 years shall count from the date of issue of transfer orders.
[Ref: No. E[G]2003 QR1-18 dated 8-9-2004]
10.9 Railway officers / staff on deputation under Central Staffing Scheme and to other offices eligible for allotment of accommodation from the General Pool.
[a] Railway officers/staff proceeding on deputation to Central Ministries / Departments including UPSC, CVC and other central organisations which are eligible for allotment of accommodation from General Pool by Directorate of Estates would be governed by instructions governing retention of Railway quarter in the case of permanent transfer, i.e., para 1 of letter No. E[G]2000 QR1-23 dated 1-6-2001 [para 10.1 of this Master Circular].
The earlier provision contained in para 4 of letter No. E[G]2000 QR1-23 dated 1-6-2001, 14-2-2002 and letter No. E[G]2003 QR1-19 dated 19-4-2004 have been superseded vide instructions dated E[G]2006 QR1-14(A) dated 20-11-2006.
[Ref. No: E[G]2006 QR1-14(A) dated 20-11-2006]
[b] Deputation to State Government and Central Ministries outside Delhi where system of General Pool accommodation does not exist, rules of normal permanent transfer will be applicable.
[Ref: No. E[G]2000 QR1-23 dated 1-6-2001, 14-2-2002]
10.10 Group ‘A’ and ‘B’ Railway officers appointed in the personal staff of President, Prime Minister and Ministers in Central Govt. may be separated from the group of officers on deputation to Central Govt. Ministries/Department and be permitted to retain Railway quarter for the entire tenure of the posting with President, Prime Minister and Ministers in Central Govt. without the requirement of registering for allotment of General Pool accommodation for which they are otherwise eligible.
[Ref: No. E[G]2003 QR1-19 dated 2-9-2005]
10.11 An employee on deputation to another Ministry/Department of Central or State Govt. in India [ not covered under provision 10.9 & 10.10 above] may be permitted to retain the Railway quarter on the terms and conditions as applicable in the case of permanent transfer.
[Ref: No. E[G]85 QR1-9 dated 8-1-91]
10.12 Deputation abroad
An employee on deputation abroad may be permitted to retain the railway quarters as follows:
a. For the entire period of his deputation abroad provided family passage facility is not availed of.
b. In case an employee avails of the family passage concession he/she may be permitted to retain the quarters for a period of 2 months or upto the date of departure of family in India, whichever is earlier.
Note:
i. "Deputation abroad" means transfer of an employee for service abroad, during which period, pay and allowances of the employee is charged to Government of India revenues.
ii. Railway employees posted abroad in the Indian Missions against posts, pay and allowances of which are borne by the Ministry of Railways will be treated as on permanent transfer for the purpose of retention of quarter in India.
[Ref: No. E[G]85 QR1-9 dated 15-1-90]
10.13 Railway officers / staff proceeding on deputation to newly formed Railway Public Sector Undertakings / Societies
Railway officers/ staff posted on deputation to newly formed Railway Public Sector Undertakings / Societies may be permitted to retain Railway accommodation but this facility can be provided by the Board on merits on a request by the PSUs and will be applicable only for a period of five years from the date of incorporation of the PSU/Society.
The rent chargeable towards retention of Railway accommodation permitted to Railway employees on deputation to PSUs are contained in paras 2 & 3 of letter No. E[G] 2000 QR1-23 dated 1-6-2001. In supercession of these instructions, it has been decided that in cases where Railway employees on deputation to PSUs are allowed to retain Railway accommodation at the previous place of posting, the concerned PSU / Organisation should credit to the concerned Railway unit, the amount equivalent to the entitlement for the leased accommodation of the Railway employee availing the retention facility.
[Ref: No. E[G] 2000 QR1-23 dated 1-6-2001 & E[G] 2006 QR1-14[A] dated 20-11-2006]
10.14 Railway officers / staff proceeding on deputation to other PSUs etc.
[a] Railway officers/ staff posted on deputation to other Railway and non-Railway PSUs/ Societies already established for more than five years would be permitted to retain Railway quarters only for a period of two months on normal rent chargeable from the date they have joined Public Sector Unit. After this period, they will be treated as unauthorized occupants and action taken accordingly.
[b] Railway employees on special assignments to RITES or IRCON exclusively for Railway works only will, however, be allowed retention of Railway accommodation at the previous place of posting for a period of one year at a time and upto a maximum period of two years only.
[c] The deputationist Railway employees to Dedicated Freight Corridor Corporation of India Ltd. [DFCCIL] and other SPVs may be allowed to retain the Railway accommodation at the previous place of posting for a maximum period of five years from the date of setting up of the SPVs or till the completion of construction of accommodation, whichever is earlier.
[d] The rent chargeable towards retention of Railway accommodation permitted to Railway employees on deputation to PSUs are contained in paras 2 & 3 of letter No. E[G]2000 QR1-23 dated 1-6-2001. In supersession of these instructions, it has been decided that in cases where Railway employees on deputation to PSUs are allowed to retain Railway accommodation at the previous place of posting, the concerned PSU/Organisation should credit to the concerned Railway Unit, the amount equivalent to the entitlement for the leased accommodation of the Railway employee availing the retention facility.
[Ref: No. E[G] 2000 QR1-23 dated 1-6-2001 & E[G] 2006 QR1-14[A] dated 20-11-2006]
10.15 Special provison for Railway employees on deputation to CRIS
Considering the fact that CRIS is a Society which cannot make profit and its all expenditures are charged to the Railway Projects, CRIS has been separated from the group of other PSUs for the purpose of allotment/retention of Railway accommodation. It has been decided that in the event of a Railway employee proceeding on deputation to CRIS retention of Railway accommodation at the previous place of posting will continue to be governed by para 3 of Railway Board’s instructions dated 1.6.2001(Para 10.14 of this Master circular) permitting retention of Railway quarter for a period of only two months. In the event the deputationist Railway employee is posted by CRIS at the same station (from where the employee has proceeded on deputation to CRIS) where he/she is in allotment of Railway accommodation, on a request from CRIS with a certificate that no accommodation is available in its pool for allotment to the concerned employee, the deputationist Railway employee to CRIS may be allowed to retain the Railway accommodation under his occupation so long as the employee continues to be on deputation to CRIS and posted at the same station. In case the deputationist Railway employee to CRIS is posted at a different station, Railway accommodation as per the entitlement of the said employee may be allotted for the entire period of deputation to CRIS.
[Ref: No. E[G]2005 RN5-8 dated 9-9-2005]
10.16 Post-retirement engagement in Committees, Commissions etc.
Railway Board in their Meeting held on 11-10-2006 have reviewed the instructions contained in Board’s letter No. E[G]2002 QR1-5 dated 19-10-2004 regarding retention/allotment of Railway accommodation to railway employees who are re-engaged in RCT on their retirement /voluntary retirement from Railway service . The following decisions have been taken:
[1] a] Railway officers on retirement /voluntary retirement and subsequent re-engagement in RCT as Vice Chairmen/ Members shall be entitled to retention of Railway quarter for a total period of four months on payment of normal rent and further period of four months on payment of special licence fee, as permissible in the case of normal retirement. The Vice-Chairmen/Members of RCT can, however, avail the above benefit of retention of accommodation admissible on retirement in broken spells, if they so desire, either at the time of their retirement /voluntary retirement from Railway service or final retirement from RCT or part of it at the time of retirement / voluntary retirement from Railway service and the remaining part at the time of retirement from RCT. Thus, the benefit can be availed in one or more spells subject to the condition that the total period of retention does not exceed eight months.
[b] Railway officers on retirement / voluntary retirement and subsequent re-engagement in CAT as Members shall also be entitled to retention of Railway quarter for a period of four months on payment of normal rent and a further period of four months on payment of special licence fee, as permissible in the case of normal retirement.
[c] Railway officers re-engaged in RCT, who do not avail retention of Railway accommodation on retirement / voluntary retirement from Railway service as at [a] above shall be entitled to retention of quarter at the time of retirement from RCT for a period of 4+4 months or the remaining portion of the retention i.e. [4+4 months minus the retention already availed at the time of retirement from Railway service]
[d] The Railway officers re-engaged in RCT after their retirement/voluntary retirement and posted at the same station from where they retired, shall be allowed to retain the same accommodation so long as they continue in RCT at the same station provided the occupied house is not an earmarked house.
[e] Vice Chairmen of RCT not having Railway Accommodation shall be eligible for allotment of Type-IV Spl., Type-V or Type-VI category of Railway accommodation and Members/RCT not having Railway accommodation shall be eligible for allotment of Type-IV Spl. or Type-V category of accommodation on their turn at their place of posting.
[f] Prior to authorizing retention of Railway accommodation in favour of retired Members/Vice-Chairmen of RCT, the rental payable for the period of retention should be remitted in advance prior to retirement. Further, two serving Railway officers with at least 2 years’ remaining service should act as sureties on behalf of the Member/Vice-Chairman for clearing any outstanding dues that may accrue.
[g] Officers working as Vice-Chairmen/ Members of the RCT as on 13-11-2003 [i.e. the date of first decision of full Board on the subject] shall be covered by these rules. To that extent orders as above are to be made applicable retrospectively.
[h] In the case of occupation of earmarked /non-pooled accommodation at the time of retirement, retention thereof should be permitted for a period of two months only and within this period an alternative accommodation of entitled category may be allotted and retention for the balance period permitted as provided above.
[Ref: No. E[G]2006 QR1-14[B] dated 20-11-2006]
10.16 Training :
a. An employee deputed for training in any railway or non-railway training institute/ place or to attend seminar, conference, etc., may be permitted to retain the railway quarters for the period of training, seminar, etc. on payment of normal rent/flat rate of licence fee/rent.
b. An employee deputed for training abroad under any aided scheme such as Colombo Plan, etc. or at Government expenses may be permitted to retain the railway quarters for the entire period of deputation for training abroad.
c. When an employee already transferred from a station is deputed for training in India or abroad during the permissible period for retention of Railway quarters at the old station, the period of retention of quarters as admissible on transfer will be automatically got extended by the period of deputation for training. The rent to be charged for the period of deputation for training will be normal rent/flat rate of licence fee/rent, if the training commences from a date within the first two months of transfer and special licence fee if it commences after the first two months.
[Ref: No. E[G]85 QR1-9 dated 15-1-90]
10.18 Leave including Extraordinary leave
a. A Railway employee in occupation of railway quarter may be permitted, while on leave for a period not exceeding 120 days, to retain the quarter for the period of leave on payment of normal rent/flat rate of licence fee/rent provided the authority sanctioning the leave certifies that the employee concerned is likely to be posted back to old station on expiry of his leave.
b. When an employee takes leave (LAP) before he/she is ordered to be transferred, he/she may be permitted to retain the quarter for the period of leave upto the date of transfer/ relief on payment of normal rent/flat rate of licence fee/ rent and thereafter he/she may be allowed retention of the quarter as applicable in case of transfer on payment of rent, as specified therefor.
c. When an employee takes leave after he/she is transferred/ relieved he/she may be permitted to retain the railway quarters at the old station for the period permissible in case of transfer counted from the date of relief on payment of rent, as specified therefor. The period of retention of quarter permissible in case of leave will not be allowed in addition.
10.19 Leave on Medical ground
a. An employee on medical leave may be permitted to retain the quarter for the full period of leave on payment of normal rent/ flat rate of licence fee/rent.
b. When an employee already on medical leave is ordered to be transferred to another station, retention of Railway quarter will be permitted for the period of medical leave on normal rent/flat rate of licence fee/rent and thereafter for periods as admissible on transfer on payment of rent as specified in case of transfer.
c. When an employee already relieved on transfer to another station takes leave on medical ground, the period for retention of Railway quarter on transfer will automatically get extended by the period of sanctioned medical leave. During the period of medical leave normal rent/ flat rate of licence fee/rent should be charged if the medical leave is taken from a date within the first two months of transfer and double the flat rate of licence fee etc. if it is taken after the first two months.
10.20 Maternity Leave
An employee granted maternity leave may be permitted to retain the railway quarter for the period of maternity leave plus any leave granted in continuation thereof subject to a maximum of 5 months.
10.21 Leave Preparatory to Retirement
An employee granted leave preparatory to retirement may be permitted to retain the railway quarter for the full period of leave on average pay subject to a maximum of 180 days.
10.22 Leave granted to employees who retire under the provision of FR 56 (i)
An employee who retires from service under the provision of FR 56 (i) may be permitted to retain the railway quarter during the period of earned leave, not exceeding 4 months sanctioned preparatory to retirement, on payment of normal rent. The concession regarding retention of railway quarters after retirement will not be available to such a retired employee, in addition.
10.23 Retention by State Government/Union Territories employees on repatriation
An employee of the State Government/Union Territory on deputation with the Indian Railways may, on repatriation to the parent Government/Department be permitted to retain the railway quarter for a period of 2 months from the date of relief on payment of normal rent.
10.24 Leave ex.India
An employee on leave ex-India not exceeding 180 days may be permitted to retain the quarter on payment of normal rent/ flat rate of licence fee/rent for the entire period, provided the entire period of leave or any portion thereof is spent outside India and the competent authority certifies that the employee will be reposted to place of posting on expiry of the leave period.
10.25 Study leave
a. In case the officer is in occupation of accommodation below his entitlement, for the entire period of study leave on payment of normal rent.
b. In case the officer is in occupation of his entitled type accommodation, for the period of study leave but not exceeding six months on payment of normal rent provided that where the study leave extends beyond six months he may be allotted alternative accommodation, one type below his entitlement, on the expiry of six months or from the date of commencement of the study leave if he so desires.
c. In case the officer does not want to shift to the house below his entitlement, he will be charged special licence fee for the entire period of study leave after the initial 6 months for which only normal rent should be charged.
[Ref: No. E[G]85 QR1-9 dated 15-1-90 E[G]91 RN6-1 dated 22-9-92]
10.26 Missing Railway employees
The family of missing Railway employee may be permitted to retain Railway quarters for a period of one year on payment of normal rent from the date of lodging of FIR (the period from the date from which the employee is missing till the date of filing FIR would automatically get regularised) with the police by the family of missing Railway employee. On the certification of the police authorities that the missing employee is not traceable and the whereabouts of the person could not be known, the family of the missing Railway employee may be permitted further retention of Railway quarter for a period of one year on payment of normal rent.
[Ref: No. E[G]2001 QR1-17 dated 17-7-2002]
10.27 Retirement:
Railway employees on retirement, including voluntary retirees and those retired compulsorily, may be permitted to retain non-earmarked railway accommodation for a period of 4 months on payment of normal rent/ flat rate of licence fee and the next 4 months on educational or sickness account on payment of special licence fee, i.e., double the normal rent or double the flat rate of licence fee/rent. This is also applicable to audit staff doing railway audit work. The cases of retirement on medical invalidation grounds are also to be treated at par with normal retirement.
Beyond the permitted/permissible period, however, no further extension will be allowed on any grounds whatsoever. Therefore, no request or representations on this score shall be entertained. For all occupations beyond the permitted period, therefore, immediate action should be taken to cancel the allotment, declare the occupation as unauthorised and initiate eviction proceedings charging damage rent for the over stay.
[Ref No. E[G]2000 QR 1-23 dated 01-06-2001]
Retention of non-pooled Railway accommodation in the event of transfer, retirement etc. is governed by instructions contained in letter No. E[G]2001 RN 4-10 dated 17-09-2002. In partial modification of these instructions, it has been decided that the Railway employees in occupation of non-pooled Railway accommodation at the time of their retirement may be allowed retention of the non-pooled accommodation under their occupation for a period of two months only. In the event the concerned retired Railway employee so desires to further retain Railway accommodation, on request, an alternative Railway accommodation of his/her entitled category may be allotted at the place of his choice anywhere in India, subject to availability, for the remaining period of six months, on payment of usual rent, as charged in the case of retention of accommodation on retirement under the extant instruction [Para-5 of letter No. E[G]2000 QR 1-23 dated 01-06-2001].
[Ref: No. E[G]2006 QR 1-14(B) dated 20-11-2006]
10.28 Resignation/dismissal/removal
An employee who resigns from service or is dismissed or removed from service may be permitted to retain the railway quarter for a period of one month only on payment of normal rent/flat rate of licence fee.
[Ref: No. E[G]85 QR1-9 dated 15-1-90]
10.29 Death
The family of an allottee railway employee who dies while in service may be permitted to retain the railway quarter for a period of twenty four months on payment of normal rent/flat rate of licence fee/rent from the date immediately after the date of death of an employee. This also applies to audit staff doing railway audit work. Where the deceased staff/officer or his / her dependants owns a house at the place of posting in such cases retention of Railway quarter shall however be permitted only for a period of 12 months.
[Ref: No. E[G]98 QR1-11 dated 2-1-99]
10.30 Re-employed Doctors
The re-employed doctors be allowed to retain the railway accommodation during the period of their re-employment. However, the facility of retention of railway accommodation after retirement can be given to retiring doctors only once i.e. either after their normal retirement or after termination of re-employment.
[E(G)89 QR 2-15 dated 20.12.1989 ]
[ �<:A��" @" ns-serif";font-weight:normal'>[Ref: No. E[G]85 QR1-9 dated 15-1-90]
10.29 Death
The family of an allottee railway employee who dies while in service may be permitted to retain the railway quarter for a period of twenty four months on payment of normal rent/flat rate of licence fee/rent from the date immediately after the date of death of an employee. This also applies to audit staff doing railway audit work. Where the deceased staff/officer or his / her dependants owns a house at the place of posting in such cases retention of Railway quarter shall however be permitted only for a period of 12 months.
[Ref: No. E[G]98 QR1-11 dated 2-1-99]
10.30 Re-employed Doctors
The re-employed doctors be allowed to retain the railway accommodation during the period of their re-employment. However, the facility of retention of railway accommodation after retirement can be given to retiring doctors only once i.e. either after their normal retirement or after termination of re-employment.
[E(G)89 QR 2-15 dated 20.12.1989 ]
7.0 Automatic termination of allotment on expiry of permitted period
On expiry of the permissible/permitted period indicated in all the above cases, the allotment of quarter in the name of the employee at the old station will be deemed to have been terminated automatically. Retention of quarter by the employee after expiry of the permissible period will be treated as unauthorised. During the period of unauthorised occupation the employee would be required to pay damage rate of rent in respect of the railway quarter. Realisation of damages rate of rent should not be pended on the ground that the employee has appealed or the case of the employee has been referred to the Ministry of Railways for regularisation of the excess period of retention.
The General Managers of Railway Administration and the Chief Administrative Officers of Projects/Organisation etc., may assign the work relating to granting of permission for retention of quarters to one or more officers in the Headquarters/ Divisions as considered necessary. These officers will be responsible for implementing the orders regarding retention of quarters issued from time to time within the parameters laid down by this Ministry. If several officers are assigned this work in Headquarters/ Divisions, an officer of appropriate level should be entrusted with the work of periodically overseeing and co-ordinating the work done by lower authority/authorities.
[Ref: No. E(G)85 QR 1-9 dated 15.01.90 ]
12.0 Allotment / retention of non-pooled ear-marked accommodation in the case of transfer, deputation, retirement, etc.
There exists a practice on the Railways whereby residential accommodation is ear-marked as non-pooled for use of nominated senior officials of Railway Units. Such officers, holding ear-marked / non-pooled accommodation, on their retirement, transfer, deputation, etc. may be permitted to retain such accommodation for a period of two months only on payment of normal rent. During this period of two months, if the officer concerned requests for further retention of Railway accommodation, as admissible to him/her in terms of the general instructions governing retention of Railway accommodation in the case of transfer, deputation, retirement, etc., an alternative accommodation for the purpose may be allotted, if feasible, on payment of rent as per extant instructions. All other general instructions governing retention of Railway quarter and charging of rent shall be applicable in such cases. It may be noted that no retention in respect of ear-marked /non-pooled accommodation should be permitted beyond the period of two months.
[Ref: No. E[G]2001 RN4-10 dated 17-9-2002]
13.0 Withholding of DCRG etc. in the case of post-retirement retention of Railway Quarter
To prevent unauthorised retention of railway accommodation by the retired Railway employees, Railway Administration should take following steps to discourage them from such action : -
i. 'No Claim' certificate should not be given unless the employee after retirement has vacated the railway quarter and cleared all his arrears of rent, electricity and other charges, etc.
ii. The retirement/death gratuity or special contribution to P.F., as the case may be, should be withheld in full for non-vacation of railway quarters not only after superannuation but in all cases of cessation of service, namely, voluntary retirement, death etc. Further, the amount withheld should remain with the Administration only in the form of cash without conversion into any type of security lest the very purpose of withholding full D.C.R.G. should get defeated. It may also please be kept in view that the gratuity should be released, as soon as the quarter is vacated, so that there is neither any hardship to the retired employee or his/her family, nor there is any claim for payment of interest on withheld gratuity for reasons of administrative delay.
iii. One set of post-retirement pass should be disallowed for every month of unauthorised retention of Railway quarters by retired employee in terms of provisions of Railway Servants [Pass] Rules. The concerned retired employee may be allowed the privilege of post-retirement passes, after the period, during which the forfeited passes would have been admissible, is over. A show cause notice to this effect may be issued to the retired employee before disallowing the pass.
iv. The provisions under Sub-Rule [8] of Rule 16 of the Railway Services [Pension ] Rules, 1993, as reproduced below for ready reference, shall be strictly followed.
Note:
In respect of Railway servants holding Government accommodation allotted by Directorate of Estate, procedure as specified under Rule 16[1] to Rule 16[7] of of Railway Services [Pension ] Rules, 1993 would be applicable.
[Ref: No. E[G]2000 QR1-23 dated 1-6-2001]
Sub-Rule [8] of Rule 16 of the Railway Services [Pension ] Rules, 1993
“ (8)(a)In case where a railway accommodation is not vacated after superannuation of the railway servant or after cessation of his services such as on voluntary retirement, compulsory retirement, medical invalidation, or death, then, the full amount of retirement gratuity, death gratuity or special contribution to provident fund, as the case may be, shall be withheld.
(b) The amount withheld under clause(a) shall remain with the railway administration in the form of cash.
(c) In case the railway accommodation is not vacated even after the permissible period of retention after the superannuation, retirement, cessation of service or death, as the case may be, the railway administration shall have the right to withhold, recover, or adjust from the death-cum-retirement gratuity, the normal rent, special licence fee or damage rent, as may be due from the ex-railway employee and return only the balance, if any, on vacation of the railway accommodation.
(d) Any amount remaining unpaid after the adjustment made under clause (c), may also be recovered without the consent of the pensioner by the concerned Accounts Officers from the dearness relief of the pensioner until full recovery of such dues has been made.
(e) Dispute, if any, regarding recovery of damages or rent from the ex-railway employee shall be subject to adjudication by the concerned Estate Officer appointed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971)”.
[Ref No. F[E]III/97 PN1/Amendment dated 24-5-2000]
Item No. XX below Column No. 3, in Schedule IV [Post Retirement Complimentary Pass] of Railway Servants [Pass] Rules, 1986 [2nd Edition, 1993]
“[XX] One set of post-retirement complimentary pass shall be disallowed for every month of unauthorized retention of railway quarters by retired officers / staff. For this purpose, a part of month exceeding 10 days in any calendar month shall be taken as a full month. A show cause notice to this effect may be issued to the concerned retired employee before disallowing the complimentary passes. The concerned retired employee shall be allowed the post-retirement complimentary passes after the period during which forfeited passes could have been admissible is over.”
[Ref: No. E[W]99 PS5-1/4 dated 3-11-99]
14.0 Powers to relax
Notwithstanding anything contained in the general orders, guidelines etc. in regard to allotment/retention and charging of rent in respect of Railway accommodation in Railway Board’s Master Circular No.49 (No.E(G)92 QR1-20 - Master Circular) dated 19.1.1993 as further amended from time to time, the Ministry of Railways (Railway Board), for reasons to be recorded in writing, may make reasonable relaxations in public interest in all or any of the existing provisions therein regarding allotment/retention of Railway accommodation and charging of rent therefor, for a class/group of employees.
Every proposal meriting relaxation to cover a group of such individuals affected by extreme hardship on medical grounds shall be considered by the full Board in terms of laid down policy guidelines / instructions regulating the subject matter, vis-à-vis the operational and administrative needs of the Railways and decision taken by Board thereon, shall be communicated by issue of orders.
Notwithstanding anything contained in paras above preceding, Board may also permit retention of Railway accommodation as a special case in the case of individuals constituting a class on medical grounds which necessitate the retention of Railway accommodation beyond the permissible period.
The following procedure/guidelines shall be followed in processing cases for grant of retention of accommodation over and above the permissible period as laid down in the general instructions:-
(i) The individual Railway employee who seeks retention of Railway accommodation beyond the period permissible under the general policy on medical grounds, may apply to the quarter controlling authority along with certificate from the Railway Medical Authorities. The quarter controlling authority shall process the request for the personal approval of the General Manager.
(ii) If the General Manager is satisfied that there are adequate and reasonable grounds for permitting further retention, he may make his recommendations to the Railway Board with a speaking order for grant of this dispensation.
(iii) The retention of Railway accommodation beyond the permissible period on medical grounds may be granted by the competent authority for a period not exceeding one year in any case.
(iv) The benefit of retention of Railway accommodation shall be admissible in the case of severe illness of Railway employee himself/herself or any member of the employee’s family as defined in the Railway Servants (Pass)Rules.
(v) “Severe illness” in such cases means illness of the nature of acute debilitating disease, which requires hospitalization and/or prolonged indoor medical treatment or repeated indoor treatment to the Railway employee or any member of his/her family, which must be duly certified by the concerned Chief Medical Director of the Railway recommending such retention of Railway accommodation.
(vi) The rate of rent to be charged for the extended retention shall be at four times of the normal licence fee per month.
(vii) In the event of grant of permission for retention of Railway accommodation at the previous place of posting beyond the period provided for in the relevant instructions, the employee in whose favour retention as above has been permitted, shall not be entitled to draw House Rent Allowance at his new place of posting.
(viii) The allottee will have to vacate the premises on or before the expiry of permitted period, and in the event of occupation of quarter after the permitted period of retention, it shall be treated as an unauthorised occupation and (damage) rent will be charged from him/her.
The request of officers in SAG and above for retention of accommodation on medical grounds as specified above, shall be forwarded to the Railway Board by the General Manager while all other cases will be dealt with at AGM’s level for forwarding to Board along with recommendations for consideration.
[Ref: No. E[G]99 QR1-16 dated 16-3-2004 & 1-9-2005]
15.0 In addition, separate orders also exist about:
[a] [i] Hiring of accommodation for residential use of officers – policy regarding.
No. 92/LM/B/22/1 dated 8-5-92………………..Annexure ‘A’
ii] Rental ceiling for hiring of private accommodation for residential use of gazetted officers.
No. 2003/LMB/12/02 dated 13-12-2005………..Annexure ‘B’
iii] Retention of hired /leased private accommodation by Railway Officers on retirement, transfer deputation etc.,
No. 98/LMB/12/18 dated 9-12-98……………… Annexure ‘C’
No.2001/LMB/12/21 dated 28-2-2002………… Annexure ‘D’
[b] Rates of licence fee [standard rent ] for residential accommodation all over the Indian Railways.
No. F[X]I-2002/11/2 dated 9-3-2005………………… …Annexure ‘E’
[c] Rates of damages for unauthorized occupation of Railway accommodation.
No. F[X]I-1999/11/1 dated 17-3-2005 …………………. Annexure ‘F’
[d] Classification of sub-standard quarters and the assessment of their licence fee.
F[X]I-2003/11/1 [DC/JCM Meeting] dated 29-7-2003 .. Annexure ‘G’
[Copy of Board’s letter No. F[X]II-63-RN1/7 dated 8-7-63 is also enclosed at Annexure ‘H’
[e] Recovery of licence fee for private houses leased by Railways for use as a residence by officers.
No. F[X]I-95/11/2 dated 9-9-98 ………………………. Annexure ‘I’
This Master Circular is only a compilation of the instructions issued on the subject of allotment / retention of Railway quarters, and should not be treated as substituting the originals. Since only the important instructions on the subject have been included in this Master Circular, some instructions might not have found place herein. If any circular on the subject has been missed or not included in this Master Circular, it should not be deemed to have been superseded simply because of its non-inclusion and should be treated as valid and operative. In case of any doubt, the original circular should be relied upon as authority.
See the Master Circular No. 49 on Quarters Part 1 [1] & Annexures [2]