Additions to Pay – punjabcsr.com

CHAPTER V
ADDITIONS TO PAY
I–COMPENSATORY ALLOWANCES
General

5.1. Subject to the provisions of rules 5.2 to 5.8 and to the conditions that the amount of compensatory allowance is so regulated that it is not on the whole a source of profit to the recipient, a competent authority may grant such an allowance to any Government employee.Unless in this section it be in any case otherwise expressly provided and subject to the provisions of rule 4.22 a compensatory allowance attached to a post will be drawn in full by the Government employee actually performing the duties of that post and will not be drawn in whole or in part by anyone else. Save as provided by the rules in this part, a compensatory allowance attached to a post will cease to be drawn by a Government employee when he vacates the post.

Note 1.–Compensatory allowances to the personal staff of the Governor (including the Military Officers, if any), are regulated by the States Reorganisation (Governor‟s Allowances and Privileges) Order, 1957
Note 2. –The grant of T.A. (which is also a compensatory allowance, vide rule 2.13) is regulated by the rules in Volume III of these rules.

5.2. In this section –
(a)   „Leave‟ means total leave of all kinds, including extra ordinary leave, for a period not exceeding 180 days and leave preparatory to retirement not exceeding 300 days, but does not include terminal leave.
The title to compensatory allowance will remain intact–
(i)       when the original leave not exceeding 180 days is not subsequently extended, or if extended, the total does not exceed 180 days, throughout the period;
(ii)     when the original or extended leave not exceeding 180 days, referred to in sub-clause (i) is subsequently extended and the total period exceeds 180 days–up to the date of expiry of the original or extended leave not exceeding 180 days or the date of sanction to the first subsequent extension which causes the total period of leave to exceed 180 days, whichever is earlier.

(b) „Temporary Transfer‟ means a transfer to duty in another station which is expressed to be for a period not exceeding 90 days. For the purpose of this section it includes deputation. Subject to the limit of 90 days, the title to compensatory allowance, if the temporary duty is subsequently extended beyond 90 days in all, will remain intact upto the date of the orders of extension.
Note 1.–Unless in any case it be otherwise expressly provided in these rules, joining time may be added to the period of 90 days provided in this rule.
Note 2.–When vacation is combined with leave, the entire period of vacation and leave should be taken as one spell of leave for the purpose of clause (a) of this rule.
Note 3.–Omitted.

Compensatory allowances, other than a house-rent allowance.
5.3. An allowance granted owing to the expensiveness of living, other than a house-rent allowance, may be drawn–
(a) during „leave‟ at the same rate at which the employee was drawing before proceeding on leave without the production of a certificate prescribed in sub-clause (ii) ;
(aa) during leave exceeding 180 days, but not exceeding 240 days–
(i) in case the employee suffers from T.B., Cancer or other ailments and furnishes a medical certificate in the form prescribed under rule 8.13. The question whether the allowance may be paid to an employee suffering from T.B., Cancer or other ailments during leave, on medical certificate exceeding 240 days will be decided on merit by the Administrative Department concerned in consultation with the Department of Finance ; and
(ii) in case the employee certifies that he or his family or both resided for the period for which allowance is claimed at the station from which he proceeded on leave or at another station he will be entitled to similar allowance.Where an employee does not join duty after the expiry of leave, whether on medical grounds or otherwise and resigns, he shall not be eligible for the allowance for the entire period of such leave and the allowance sanctioned earlier will be recovered before the resignation is accepted : Provided that in case of an employee who is granted leave but does not join duty after expiry of such leave, owing to death or invalidity during such leave, the recovery of allowance sanctioned earlier will not be effected.

Note 1.–The provisions of this clause do not apply to the case of industrial or other employees whose leave terms are governed by special orders and not by the Revised Leave Rules. In such cases, the compensatory allowance should be granted only during holidays or leave with pay. For this purpose, a weekly holiday, where admissible, will be treated as a holiday with pay except when it forms a part of spell of leave without pay or holiday without pay.
Note 2. Omitted.(b)   during temporary transfer, if –
(i)      the authority sanctioning the transfer certifies that the Government employee is likely on the expiry of the temporary duty to return to the station from which he is transferred ;
(ii)     the Government employee draws no allowance of the same kind in the post to which he is transferred ; and
(iii)   the Government employee certifies that he kept his family, for the period for which the allowance is claimed, at the station from which he proceeded on transfer.

5.4. Omitted.

HOUSE RENT ALLOWANCE
5.5. (1) A house rent allowance may be drawn by a Government employee during leave or transfer in the circumstances specified in clause (a) or (b) of rule 5.3.
2)                The eligibility for the grant of the House Rent Allowance to a Government employee, shall be determined with reference to his place of posting.
(3)                A Government employee shall, ordinarily, be required to reside within a radius of twenty-five kilometres from the headquarters. However, a competent authority may permit a Government employee to reside at a place beyond twenty-five kilometres from the headquarters:  Provided that the Government employee attends to his duties punctually and without detriment to his efficiency.
(4)            Where a Government employee entitled to rent-free accommodation under rule 5.35, is not provided with such accommodation, he shall be entitled to draw an additional house rent allowance at the rate of five percent of his emoluments subject to the condition that he resides in a rented house within a radius of three kilometres from the place of duty.
Clarification: The house-rent allowance being a compensatory allowance may be allowed to be drawn by a Government employee under suspension like other compensatory allowances, subject to the conditions laid down in rule 7.2 (b), being satisfied. In the case of an employee whose period of suspension is treated as having been spent on leave, the grant of house-rent allowance will be regulated under the relevant provisions of rules 5.3 to 5.9 as in the case of other compensatory allowances.
Note 1.–The competent authority to permit residence of a Government employee beyond twenty-five kilometers of his headquarters, shall be the same as defined in the entries against Serial No. 2 of the Table below rule 15.1.
Note 2.–A Government employee who, on transfer, has been permitted to retain Government accommodation at the old station will be eligible for house-rent allowance, in respect of the new station, if otherwise admissible, without regard to the fact whether he has been permitted to retain the Government accommodation at old station on payment of normal rent or penal rent.
Note 3.–The word “emoluments”, in this rule has the same meaning as defined in rule5.33.

CONVEYANCE ALLOWANCE
5.6. An allowance granted on condition that a conveyance is maintained, may be drawn during leave, if –
(i)    the authority sanctioning the leave certifies that the Government employee is likely, on the expiry of the leave, to return to the post from which he proceeds on leave, or to be appointed to a post in which the possession of the conveyance will be advantageous from the point of view of his efficiency; and
(ii)   the Government employee certifies that he continued to maintain the conveyance and that he spent the amount claimed on its upkeep during the period for which the claim is submitted,For periods of temporary duty, it can only be drawn with the sanction of competent authority.
Note 1.–See note 1 below rule 5.3.
Notes 2, 3 and 4 Omitted.
Note 5.–When a conveyance allowance of a Government employee has been reduced during leave by the competent authority under this rule and the Government employee is transferred immediately on the expiry of leave to another post carrying a similar allowance then during joining time the allowance shall be granted at the rate at which it was drawn during leave.

5.7. A conveyance allowance to which the obligation of maintaining a conveyance is not attached is not admissible during leave or temporary transfer.OTHER COMPENSATORY ALLOWANCES

5.8. A compensatory allowance other than an allowance for the regulation of which provision is made in any of the rules 5.3 to 5.7 may be drawn during leave or temporary transfer if –(a) the authority sanctioning the leave or transfer certifies that the Government employee is likely on the expiry of the leave or temporary transfer, to return to the post to which the allowance is attached or to another post carrying a similar allowance; and (b) the Government employee certifies that he continued, for the period for which the allowance is claimed, to incur the whole or a considerable part of the expenditure for which the allowance was granted.

Note 1.–See note 1 below rule 5.3.

Note 2.–With reference to clause (b) of this rule, a Government employee, who desires to avail himself of the benefit of the rule, should submit his claim with a statement of the relevant expenses to the authority sanctioning the leave or transfer. That authority should then decide, having regard to the provisions of rule 5.1 and 5.2 how much of the allowance should be drawn and communicate his decision to the Accountant-General with a copy of the statement of expenses referred to above. The copy of the statement of expenses may be sent to the Accountant-General, in a confidential cover, if this is considered desirable. It will then be open to the Accountant-General, either to accept the decisions or to challenge such of them as reveal any manifest breach of the canons of financial propriety.–vide P.F.R. 2.10.The provisions of this rule do not apply to Government employees in receipt of the compensatory local allowance sanctioned for Amritsar in whose case the provisions of clause (b) of the rule will be applicable. In regard to the drawal of similar and other hill compensatory allowances during leave, it will suffice if it is certified by the Government employee concerned that he or his family or both resided at the hill station concerned for the period for which the allowance is claimed.

COMPENSATORY ALLOWANCE DURING JOINING TIME
5.9. A Government employee on joining time under rule 9.1 (b), if he is entitled to tentage while holding his old post and tentage is also attached to his new post, may draw tentage during joining time at the lower of the two rates.If the Government employee in his old post drew a compensatory allowance granted on account of special expensiveness of living and the transfer is to another post carrying a similar allowance, he may draw the compensatory allowance during joining time under clauses (a) and (b) of rule 9.1: Provided that if the rates differ in the two posts, he may draw the lower rate only.

5.10 to 5.12. Omitted.

II – RENT OF GOVERNMENT RESIDENCESGENERAL
5.13. The following rules govern the allotment to Government employees for use by them as residences of such buildings owned or leased by Government or such portions thereof as may be made available for the purpose.
Note.–When a Government employee of a government, other than the Punjab Government, occupies by official arrangement a residence provided by the Punjab Government or vice versa, rent shall be recoverable from the Government employee in accordance with the rules in Appendix 4 to the Punjab Financial Rules.

5.14. Nothing contained in these rules shall so operate as to require payment of rent, for the occupation of residences supplied by Government, by those Government employees who have been exempted from such payment under the provisions of law or to affect the amount of rent or charges payable by those Government employees in whose case the amount so payable is prescribed by law for the time being in force. Capital Cost of Buildings and Assessment of rents (i) Capital Cost of a Residence

5.15. For the purpose of the assessment of rent, the capital cost of a residence owned by Government shall include the cost or value of sanitary, water-supply and electric installations and fittings, but exclude the cost or value of the site (including expenditure on its preparation); and shall be either –
(a)   the cost of acquiring or constructing the residence and any capital expenditure incurred after acquisition or construction; or when this is not known,
(b)   the present value of the residence:           Provided that, where it is so directed by general or special order, the value of the site and the cost of its preparation shall be included in the capital cost, and the cost of sanitary, water-supply and electric installations may be excluded. If the cost of sanitary, water-supply and electric installations is o
Note 1.– For cases in which the above proviso will apply, see paragraph 3.27, Punjab Public Works Department Code, 2nd Edition.
Note 2.–The cost of restoration or special repairs shall not be added to capital cost or present value unless such restoration or repairs add to accommodation or involve replacement of the existing type of work by work of a more expensive character.
5.16. For the purpose of rule 5.15–
(i)   expenditure incurred on works such as–
(a)    raising, levelling and dressing sites;
(b)   construction of revetments and retaining walls, unless when incurred in connection with the provision of a tennis court;
(c)    storm-water drains; and(d)   boundary pillars; shall be considered as expenditure on preparation of a site; and

(ii) expenditure incurred on works such as –
(a) compound walls, fences and gates;
(b) approach roads, culverts and paths within the compound; shall be included in the capital cost of the residence for the purpose of assessment of standard rent.

5.17. When the present value of a residence and of the site on which it stands is unknown,–vide clause (b) of rule 5.15, the value of the residence and of the site shall be estimated separately by the Divisional Officer, who shall, if the estimated value of either does not exceed an amount to be specified by the Government, submit the estimate to the Superintending Engineer who shall determine the present value. If the Divisional Officer‟s estimate of either the site or the residence exceeds the amount so specified, he shall submit it to the Superintending Engineer, who shall forward it to the Chief Engineer, who shall determine the value of the residence and of the site. The Divisional Officer‟s estimate shall, in both cases be accompanied by a report of the Chief Civil Officer of the district in regard to the value of the land and also the value of the building with reference to the market value of similar building in the vicinity.

5.18. A competent authority may, for reasons which should be recorded, authorise a revaluation of all residences of a specified class or classes within a specified area to be conducted under rule 5.17 above, and may revise the capital cost of any or all such residences on the basis of such revaluation.rdered to be excluded rent for such installations shall be levied at the rates specified under rule 5.23 (d).
Note.–The intention of this rule is to authorise revaluation of a residence or residences in accordance with rule 5.17 even when the factors specified in clause (a) of rule 5.15 are known.

5.19. The capital cost, howsoever calculated, shall not take into consideration (1) any charges on account of establishment and tools and plant, other than such as were actually charged direct to the work in cases in which the residence was constructed by Government, or (2) in other cases, the estimated amount of such charges. Note.–Full departmental charges should be levied in cases referred to in note (1) below rule 5.15.

5.20. Renewals of a building or of its subsidiary works, such as out-houses, roads, drains, culverts, etc., or new construction such as retaining walls, necessitated by the occurrence of fire, flood, earthquake, abnormal storm or other calamity will be chargeable to the capital cost, but on completion a competent authority will decide what amount should be written off the original capital cost. When a portion of a building required to be dismantled to make room for alterations and additions, the capital value of the dismantled portion should be dealt with under the rules in the Public Works Department Code applying to buildings generally.

5.21. A competent authority may, for reasons which should be recorded, write off a specified portion of the capital cost of a residence –(1) When a portion of the residence must be set aside, by the Government employee to whom the residence is allotted, for the reception of official and non-official visitors visiting him on business; or(2) When it is satisfied that the capital cost, as determined under the above rules, would be greatly in excess of the proper value of the accommodation provided.
Note.–See also rule 5.39.
5.22. In assessing the cost or value of the sanitary, water supply and electric installations and fittings (vide rule 5.15), the following shall be regarded as comprising the installations and fittings: –Electric Supply

(1)        Wiring, including the supply line from the main and all connected apparatus such as fuse boxes and switches.
(2)        Fixed lamps (bracket and pendant) including shades, holders but excluding shades and bulbs.
(3)            Walls plugs of table lamps, table fans, and electric and water heaters.
(4)            Fan points (excluding ceiling fans and regulators).
(5)            Lightning interceptors.
(6)            Metres when supplied by Government.

Sanitary and water-supply
(1)      Pipe, including service pipe from the main;
(2)      Apparatus for hot water supply;
(3)      Cistern, taps and other necessary equipment;
(4)      Baths, basins, and lavatory fittings;
(5)      Metres when provided at the cost of Government;(6)      Drains, including the main connection with the sewer; and all connected apparatus such as gulleys, channels, traps and vent pipe for the disposal of house wastes and sewage.
Note 1.–The inclusion of these articles in this rule does not bind Government to provide all or any of them in a residence.
Note 2.–When table lamps, table fans or other electrical appliances not included under “Electric Supply” above, have already been supplied, the cost should be included in the capital cost of the residence, but on their becoming unserviceable they should not be replaced, the capital cost of the residence being reduced accordingly.

(ii) Standard Rent
5.23. The standard rent of a residence shall be calculated as follows:–

(a)    In the case of leased residences the standard rent shall be the sum paid to the lessor plus an allowance for meeting during the period of lease the probable cost of charges for –
(i)      both ordinary and special maintenance and repairs of the residence as may be a charge on Government including maintenance and repairs of any additional work done at Government expense;
(ii)     capital expenditure on additions and alternations as may be a charge on Government;
(iii)   interest on capital expenditure referred to in (ii) above; and
(iv)    the rates or taxes in the nature of house or property tax, if any,   payable under any law or custom by the owner to a municipality or other local body (but not recoverable from the Government employee to whom the residence is allotted).

The allowances for meeting such capital expenditure on additions and alterations as may be a charge on Government and the interest and depreciation in connection therewith, shall be as laid down in paragraph 3.22 (3) of the Punjab Public Works Department Code (Second Edition).

(b)            In the case of residence owned by Government the standard rent shall be calculated on the capital cost of the residence, and shall be either –
(i)    a percentage of such capital cost equal to such rate of interest as may from time to time be fixed by competent authority plus an addition for municipal and other taxes in the nature of house or property tax in respect of the residence payable by Government and for both ordinary and special maintenance and repairs, such addition being determined under rule 5.28; or
(ii)   Seven and half per cent per annum of such capital cost, whichever is less. The restriction of seven and a half per cent per annum shall not apply in the case of residences the capital cost of which is calculated under the proviso to rule
5.15.

(c) In both cases mentioned in clauses (a) and (b) above standard rent shall be expressed as standard for a calendar month and shall be equal to one-twelfth of the annual rent as calculated above subject to the proviso that, in special localities or in respect of special classes of residences, a competent authority may fix a standard rent to cover a period greater than one month, but not greater than one year. Where a competent authority takes action under this proviso standard rent so fixed shall not be a larger proportion of the annual rent than the proportion which the period of occupation as prescribed under rule 5.48 below bears to one year.

(d) When sanitary, water-supply and electric installations as defined in rule 5.22 are not included in the capital cost of residence rent shall be assessed on the capital value of such installations at the following

	Interest	Maintenance	Depreciation
Sanitary Installations	As per sub-rule (b)(ii) of this rule.	6½ percent (ordinary 5 per cent and special 1½ per cent)	….
Water Supply installations	As per sub-rule (b)(ii) of this rule.	6½ percent (ordinary 5 per cent and special 1½ per cent)	….
Electric Installations	Ditto	4 percent	5 percent

Note 1.–Municipal taxes which by local rule or custom are levied on the occupant will be payable by the occupant in addition to the rent payable to Government under these rules.
Note 2.─ See also rule 5.40 infra.
Note 3.─For the purpose of clauses (a) and (b) above, the additions for both ordinary and special maintenance and repairs shall not include anything for the establishment and tools and plant charges, except to the extent allowed under rule 5.19, above. Full departmental charges should, however, be levied in cases referred to in note (1) below rule 5.15.
5.24. (a) When the standard rent of a residence has been calculated, minor additions and alterations may be made without the rent of the residence being increased subject to the following conditions:–

(i) the total cost of such additions and alterations shall not exceed 5 per cent of the capital cost on which the standard rent was last calculated ; andsuch additions and alterations shall be made within five years after the last calculation on the standard rent.

(b) When by reasons of additions and alterations, the capital cost of a residence exceeds by more than 5 per cent the capital cost on which the standard rent was last calculated, the standard rent shall be recalculated with effect from the 1^st of April, next following or from the date upon which a new tenant becomes liable for the payment of rent whichever is earlier.(
c) Subject to the provisions of clause (b) the standard rent of a residence shall be recalculated on the expiry of five years from the date of last calculations and the recalculations shall take effect from the 1^st of April next following or from such other date as the competent authority may direct.

(b) When the portion of a capital cost of a residence is written off under the orders of a competent authority the rent should be recalculated forthwith.
Note 1.– It is the duty of the Executive Engineer to give timely notice to the tenant concerned of the increase in rent. Omission, however, on his part to give such intimation in any case will not constitute a reason for the enhancement of rent taking effect from a date later than that on which it is due under the above rule.
Note 2.–In the case of substantial additions or alterations to a residential building, pending sanction of the revised standard rent by the competent authority, its rent should be provisionally fixed so as to allow an adequate margin to cover rent in respect of the estimated expenditure of such additions or alterations and unforeseen charges, and recovery of rent from the tenant should be effected at that rate. If the provisional rent is more than the revised standard rent, the amount recovered in excess shall be refunded to the tenant.
Note 3.–The rental value, viz. Standard-Rent, Market-Rent and Economic-Rent of the Government owned property (Buildings etc.) and those of Government employees who live in their self-owned houses or houses owned by their parents or children and are claiming House-Rent-Allowance therefor may be re-assessed after an interval of every 5 years. If an employee becomes entitled to claim higher rent of his property and consequential gain in HouseRent Allowance as a result of the general appreciation in the market value of properties or due to inflation; he will also draw proportionately less House-Rent, resulting thereby in reduction of House-Rent-Allowance, should there be a depression in the general market due to economic or other causes.

5.25. If a building is actually occupied prior to the closing of the accounts of expenditure on its construction, acquisition or equipment, rent is nevertheless chargeable from the date of occupation and should be fixed provisionally with the sanction of the competent authority. The rent, thus fixed provisionally while the accounts are open, is subject to revision with retrospective effect when they are closed and no remission of rent on this account can be made save with the sanction of the competent authority.

Note.–The provisions of note 2 below rule 5.24 also apply mutatis mutandis to newly constructed buildings.
5.26. Omitted.
5.27. The average annual cost of maintenance and repairs will consist of two parts-special and ordinary charges as explained below: –
(i) Special charges will be those incurred in the renewal of floors of roofs or on other special repairs or replacements occurring at long intervals. Provisions for such charges should be made in the form of percentages on the capital cost of each building. These percentages will vary for different classes of buildings and are laid down in rule 5.28. When repairs are necessitated by the occurrence of fire, flood, earthquake, abnormal storm or other calamity, the cost of such special repairs should be shown separately in the Capital and the Revenue Accounts under Revenue Charges during the year, and should not be included in the total charges or taken into account as a basis for the revision of the rent.Ordinary charges will include the cost of ordinary annual repairs together with a proportional share of the expenditure that may be required quardrennially or at other short intervals. The amount of these charges as regards buildings constructed or acquired by the Irrigation Branch is estimated as laid down in rule 5.28. For buildings constructed or acquired by the Buildings and Roads Branch these will be estimated within the limits laid down in rule 5.28 by the Executive Engineer of the Division and approved by the Superintending Engineer.
Note.– See also rule 5.20.

5.28. The following percentages of cost will be assessed on account of ordinary and special repairs in calculating the standard rent under rule 5.23 (b) (i) :– (1) When acquired or constructed through the agency of the Public Works Department, Irrigation Branch–

Class of buildings	Description	Assessable percentage on the Capital cost of the Building Excluding value of site
Class of buildings	Description	Special repair.	Ordinary repairs.
A	Those in good order built by the Works Department in a semipermanent style, i.e. with pucca foundation Kutcha-pucca outside walls, lime pointed pucca parapets and chimneys terraced jack arch or wooden karri roofs over steel girders.	½	1½
B	Those of a similar style of construction but not in good condition either built by the Public Works Department or purchased from private individuals and added to and altered after purchase.	¾	2
C	Temporary buildings i.e. those with walls of mud masonary with a roof of thatch or tiles or wooden karries.	1

(2) When acquired or constructed through the agency of the Public Works Department, Buildings and Roads Branch –

(2) A charge of 4½ per cent of the capital cost will be made in addition to the above to cover the maintenance of water-supply, sanitary and electric installations, where such exist.

Class of Buildings	Description	Assessable Percentage on the Capital cost of the Building Excluding value of site
Class of Buildings	Description	Special repairs.	Ordinary repairs.
A	Those in good order built by the Public Works Department in a semi-permanent style i.e. with pucca foundation Kutchapucca outside walls, lime pointed parapets and chimneys terraced jack arch or wooden Karri roof over girders.	½	1 to 3
B	Those of a similar style of constructions, but not in good conditions, either built by the Public Works Department or purchased from private individuals and added to or altered after purchase.	¾	3 to 5
C	Temporary buildings, i.e., those with walls of mud masonry with thatched or tiled roof.	1¼	5 to 7

Note.–With reference to the minimum and maximum rates fixed above for annual ordinary repairs Superintending Engineers of the Public Works Department, Buildings and Roads Branch, should arrange to communicate to the Accountant-General such percentages as are actually applied in fixing the standard rent in each individual case, so that the rents fixed may be susceptible of scrutiny. (c) Conditions of Tenancy and Rent payable by Government employees.
5.29. When Government supplies a Government employee with a residence leased or owned by it, the following conditions shall be observed: –
(a) the scale of accommodation supplied shall not, except at the Government employee‟s own request exceed that which is appropriate to the status of the occupant;
(b) unless otherwise expressly provided in these rules, he shall, except where the residence meant for one Government employee is shared by more than one Government employee, pay–(i) rent calculated at the rate of five per cent of his monthly emoluments; and(ii) municipal and other taxes payable by Government in respect of the residence not being in the nature of house or property tax.
Note 1.–Government employees who have been allotted (without their having asked for such allotment) accommodation of a lower category that to which they were entitled and if that accommodation carries standard rent less than five per cent of their emoluments shall be charged only standard rent for that accommodation. This note shall not apply in a case where a Government employee has himself asked for an accommodation of a lower category than to which he was entitled.

Note 2.– Shared accommodation has been categorised as follows: –
(a)       where the portions do not have independent amenities like kitchen, bath room and lavatory, etc., as in the case of sharing being done at Chandigarh; and
(b)       where a big residential building has been converted into independent portions   provided with essential amenities like bath room, lavatory and kitchen etc.
Note 3.–In cases falling under category (a) of Note 2 above, –(1)   at Chandigarh , where accommodation is shared by –(i)   two Government employees, each Government employee shall be charged rent at the rate of 2 ½ per cent of his monthly emoluments; and(ii) Three Government employees, each Government employee shall be charged rent at the rate of 1⅔ per cent of his monthly emoluments.(2)   at places other than Chandigarh, where the accommodation can be equally shared by two or three Government employees the principle of charging rent applicable in Chandigarh shall apply and where accommodation cannot be equally shared the rent shall be charged proportionately to the accommodation shared.
Note 4.–In cases falling under category (b) of Note 2 above, the residential    accommodation shall be allotted to suitable category of Government employees according to norm of cost and space (to be calculated on the basis of Chandigarh norm and rates) and Government employees shall be liable to pay five per cent of their emoluments irrespective of the Standard rent.
Note 5.–The Government employees living in cheap (Katcha) houses or in sheds, which do not provide the minimum residential amenities, shall be charged standard rent or five per cent of their emoluments, whichever is less.
Note 6.–The leased accommodation shall be treated at par with the Government owned accommodation in the matter of charging of rent and the Government employees shall be charged at the rate of five per cent of their emoluments irrespective of the rent paid for it by the Government to the owner.

5.30. Notwithstanding anything contained in clause (b) of rule 5.29 above, Government may–

at any time, after the standard rents have been calculated, under the provision of rule 5.23 above, group a number of residences, whether in a particular area or of a particular class or classes, for the purpose of assessment of rent, subject to the following conditions being fulfilled: –
- that the basis of assessment is uniform; and
- that the amount taken from any Government employee shall not exceed five per cent of his monthly emoluments;
by the general or special order provide for taking a rent in excess of that prescribed in rule 5.29 (b) above from a Government employee –
- who is not required or permitted to reside on duty at the station at which the residence is supplied to him; or
- who, at his own request, is supplied with accommodation which exceeds that which is appropriate to the status of the post held by him; or
- who, is in receipt of a compensatory allowance granted on account of dearness of living; or
- who is permitted to sub-let the residence supplied to him; or
- who sub-lets without permission the residence supplied to him; or
- who does not vacate the residence after the cancellation of allotment.

Note 1.–Under clause (ii) of this rule rent may be recovered in excess of five per cent of a Government employee‟s emoluments but not in excess of the standard rent as defined in rule 5.23.

Note 2.– If the rent of a building allotted to a Government employee is enhanced from a previous date, nothing shall prevent Government from effecting the recovery at the enhanced rate with retrospective effect.

A Government employee who, at his own request, is supplied with a residence owned or leased by Government of a class higher than that for which he is eligible or affording accommodation in excess of that which is appropriate to his status, shall unless otherwise decided by the competent authority, be charged the full standard rent as calculated under rule 5.23 et seq and shall not be given the benefit

of the five per cent concession afforded by rule 5.29 (b).

5.33. For the purposes of clause (b) of rule 5.29 above “emoluments” means:– (i) Basic Pay and Non-Practising Allowance, wherever applicable;

Payment from Government revenues and fees if such payments or fees are received in the shape of a fixed addition to monthly pay and allowances as part of the authorised remuneration of a post;
Pension, other than a pension drawn under the provisions of Chapter VIII of Volume II of these rules or compensation received under the Workmen‟s Compensation Act, 1923, as subsequently amended;
In the case of a Government employee under suspension and in receipt of a subsistence grant, the amount of the subsistence grant, provided that if such Government employee is subsequently allowed to draw pay for the period of suspension the difference between the rent recovered on the basis of the subsistence grant and the rent due on the basis of the emoluments ultimately drawn shall be recovered from him.

Note 1.–The emoluments of Government employee paid at piece-work rate shall be determined in such manners as the competent authority may prescribe.

Note 2.– The emoluments of a Government employee on leave mean the emoluments drawn by him for the last complete calendar month of duty performed by him prior to his departure on leave.

Note 3.– The amount of pension to be taken into account will be the amount originally sanctioned i. e. before commutation if any.

Note 4. Omitted.

Note 5.– Under clause (ii) above, fees received by a Government employee in the shape of a fixed addition to monthly pay and allowances as a part of the authorised remuneration of a post count as emoluments for the purposes of clause (b) of rule 5.29, where under rule 5.58 a part of any fee is required to be credited by the Government employee concerned to Government revenues and the remaining fees is retained by him, only that portion of the fees received by a Government employee which he is allowed to retain under the rules, will count as “emoluments” for the purpose of clause (b) of rule 5.29.

5.34. The Government employee to whom a residence is allotted,–vide rule 5.46 et seq is responsible for the rent recoverable under the rules during the period of allotment unless exempted by competent authority under the provisions of rule 5.35.

Rent shall be recovered monthly in arrears for the period of allotment.

(d) Rent-free accommodation and waiving or reducing the amount of rent.

5.35. In special circumstances, for reasons which should be recorded, a competent authority–

may, by general or special order, grant rent-free accommodation to any Government employee or class of Government employees; or
may, by special order, waive or reduce the amount of rent to be recovered from any Government employee or class of Government employees; or
may, by general or special order, waive or reduce the amount of municipal and other taxes, not being in the nature of house or property tax, to be recovered from any Government employee or class of Government employees.

Note 1.–The following are types of cases in which such exemption or reduction may be sanctioned:–

When a Government employee is performing the duties of a post, in addition to those of his substantive post and already pays rent for a house.
When a Government employee, in addition to the duties of a post, carries on those of another post which preclude him from occupying the house.
When a Government employee has been promoted or transferred to a post in the same station and it is not considered necessary that he should change his residence.
Omitted
When a Government employee officiating in a post for a period not exceeding two months is actually prevented from occupying the house provided for him by circumstances which the competent authority considers sufficient to warrant an exception being made in his favour.

Note 2.–When rents are fixed in accordance with rule 5.23 and when one or more Government employees supplied with residence in the particular areas are granted a house free of rent or at reduced rent, the proper course is to apply rule 5.23 that and rule 5.35 afterwards that is the ordinary rent of the occupant of each house should be fixed under rule 5.23 and any reduction necessary should then be made under this rule.

Note 3.–A list of Government employees who have been granted rent free accommodation under this rule is given in Appendix 7.

5.36. When, under clause (a) of rule 5.35, a Government employee is provided with quarters free of rent the exemption from rent shall, in the absence of any orders of Government to the contrary, be considered to be complete, i.e., no additional charge shall be made in respect of the rent of special services, i.e., sanitary, watersupply and electricity, in the building the cost of which has been included in the capital cost of the building.

The concession of rent-free quarters does not carry with it the free supply of water and electric energy, the cost of which must be defrayed by the Government employee himself. The rent of water and electric-meters the cost of which has not been included in the capital cost of the building is also payable by the Government employee.

Note 1.–The occupants of staff quarters and other buildings appurtenant to Government House are exempt from payment of charges for electricity consumed. As regards water charges see the “Exception” below the section “Water Charges” in rule 5.44.

Note 2.– See also rule 5.44

5.37. Omitted.

5.38. A competent authority may sanction remission of rent due for the occupation of a Government building when building is rendered uninhabitable by reason of extensive repairs being in progress, or from any other cause : Provided that if the occupier finds that the house has become uninhabitable he shall at once report the matter to the Executive Engineer in charge of the building, who will immediately inspect it and forward a report on the subject to the Superintending Engineer. The latter will take such steps in the matter as he considers necessary, reporting his action to the competent authority, who will then decide whether partial or total remission of rent is to be allowed.

Note.–Inconvenience caused by petty or ordinary annual repairs is insufficient to warrant remission of rent which should be granted only when extensive structural repairs justifying in the opinion of the competent authority in vacation of the building, are carried out.

5.39. When a building is occupied partly as a residence and partly as an office the capital value of the portion occupied as a residence should be separately estimated for the purpose of rule 5.23. The cost of maintenance of the residential portion should also be separately estimated and accounted for. This is usually done on the basis of plinth area.

Note.–When (a) separate office accommodation is provided for the occupant, and

(b) the use of part of his residence for office or business purposes is optional, no deduction

from the rent is permissible on this account. Where, however, a Government employee though provided with office accommodation elsewhere than in his residence is, in the opinion of the competent authority, obliged to set apart a portion of his residence, for the reception of visitors both official and non-official on business, a deduction from the rent is permissible on this account to the extent of half the assessed rent of the accommodation so used.

5.40. In leasing, acquiring or constructing an official residence for any one of the Government employees mentioned in column 2 of the statement in rule 5.42, Government will arrange to provide accommodation for visitors in the shape of a waiting room, and for a Commissioner or Deputy Commissioner-quarters for a police guard. The accommodation so provided plus half of the room set apart for the reception of visitors will not be taken into account in calculating the standard rent fixed for such residence under rule 5.23.

Note 1.–Where waiting rooms have been set apart for visitors in residences of Group „A‟ and Group „B‟ Government employees entitled to rebate of rent under this rule, rebate will also be allowed for the portion of verandahs, if any, attached to the waiting rooms.

Note 2.–The guards quarters and visitors waiting room, with visitors Book shed, and half of the room set apart for the reception of visitors in the residence of the Honourable Chief Justice of the High Court are to be treated as non-residential portions for purpose of calculation of rent. Rebate of rent will be granted in respect thereof.

5.41. A rebate of rent will be allowed to the Deputy Collectors of the Irrigation Department for the room in their residential quarters occupied by peons when administrative requirements necessitate their living in the room provided in the quarters and it is not used for Deputy Collector‟s private purposes.

5.42. In the case of privately-owned buildings hired directly by the Government employee mentioned in column 2 of the statement below for use as residences, the following concessions will be admissible when suitable accommodation (other than a mere open verandah) for visitors or in the case, of Commissioner or Deputy Commissioner for a police guard, as the case may be, is set aside to the satisfaction of the authority mentioned in column 3 of the statement: _–

The rent of the waiting room and half the rent of the room in which visitors are received and the rent of the quarters for the police guard will be borne by Government;

The portion of the rent which is, thus, to be borne by Government on account of the waiting and reception rooms and quarters for the police guard will be assessed by the Executive Engineers concerned on the value

of the accommodation in question. Its amount will bear the same proportion to the rent of the premises occupied as the space occupied by the accommodation provided bears to the total plinth area of the building.

(iii) The portion payable for the waiting and reception rooms will be paid by the Executive Engineer to the landlord. He will also arrange with the Police Department for the portion payable for the quarters for the police guard being paid by that Department as a police contingent charge direct to the Government employee occupying the building.

STATEMENT

1	2	3
1.	Commissioners …	Commissioner of Division concerned.
2.	Deputy Commissioners …
3.	Settlement officers, Assistant Settlement Officers, Colonization and Assistant Colonization Officers.
4.	Members of the I.A.S or P.C.S. in charge of Sub-Divisions.
5.	Principal, Agricultural College.	…Director of Agriculture.
6.	Registrar, High Court of Judicature.	…Honourable Judges of the High Court.
7.	Inspector-General of Police, all Deputy Inspectors-General of Police, and all Superintendents of Police (except the Principal, Police Training School, the Personal Assistant to the Inspector- General of Police and the Assistant to the Inspector General, Special Branch)	Inspector-General of Police.
8.	Deputy Superintendent of Police placed in charge of Sub-Division.	Ditto.

5.43. Constant changes in the accommodation to be set apart for visitors are depreciated on principle, but so long as these changes are necessary and are made for sound reasons, Government employees concerned can set apart different rooms during summer and winter on condition that the accommodation set apart –

is to the satisfaction of their superiors;
is not less in area than that for which Government waives rent; and

(c) if in excess of that originally reserved, Government is not called upon to waive a large portion of the rent than that already fixed.

RENT FOR SPECIAL SERVICES

5.44. If a residence is supplied with services other than water supply, sanitary, or electric installation and fittings such as furniture, fans, tennis courts or garden, the cost of which is not taken into account in calculating the standard rent of the residence under rule 5.23 and which are maintained at the cost of Government, rent shall be charged for these in addition to the rent payable under rules 5.29 to 5.32. The tenants will also be required to pay the cost of water, electric energy, etc. consumed. The additional rents and charges will be fixed and recovered in full as below. A competent authority may, however, in very special circumstances and for reason which should be recorded, waive or reduce the additional rent and charges for any of the special amenities referred to above.

Note 1.–The value of the site shall not be taken into account in calculating the rent of special services under this rule.

Note 2.–Where however, it is so directed by general or special order: –

The value of the site, and the cost of its preparation, shall be included in the capital cost of tennis courts and gardens.
Departmental charges shall be included in the capital cost of furniture, ceiling fans, tennis courts and gardens as well as their maintenance, depreciation and storage charges. The percentage rates for maintenance, depreciation and storage shall not be levied on the capital cost after the addition of departmental charges but before such addition. Interest shall, however, be calculated on the capital cost including departmental charges.
The cost of sanitary, water-supply and electric installation may be excluded from the capital cost of tennis courts and gardens.

Should the cost of sanitary, water-supply and electric installations be ordered to be excluded, rent for such installations shall be levied at the rates specified under rule 5.23 (d).

For cases in which the above provision will apply see paragraph 3.27 of the Punjab Public Works Department Code under furniture.

(a) FURNITURE

The rent shall be recovered at the rate of 15 per cent per annum on the capital cost as detailed below: –

Rs.

Maintenance .. 4 per cent
Interest .. 5 per cent
Depreciation including renewals and replacements .. 6 per cent

Total .. 15 per cent

Note.–Free furniture is provided in the quarter of the Private Secretary to the Governor, Punjab, at Raj Bhawan, Chandigarh.

CEILING FANS

The rent shall be recovered at the rate of 17 per cent per annum on the capital cost as detailed below and shall be recovered during the whole of the year –

Rs.

Interest .. 4 per cent
Depreciation .. 6½ per cent
Maintenance .. 4½ per cent
Storage Charges .. 2 per cent

Total .. 17 per cent

(b) TENNIS COURT

Rent to be recovered for a tennis court should cover both interest on the capital outlay involved at the rate prescribed by the competent authority for the purpose of rule 5.23(b) and average actual maintenance charges for the past three years. The charges which may be incurred in connection with the provision and maintenance of tennis court are: –

In regard to courts in the plains –

construction of the court and of retaining walls where necessary;
surfacing of the court with bajri, grass, cement, etc., at the time of

In regard to courts in the hills – (1) and (2) as in section A above;

provision and erection of posts and wire-netting for the purpose of enclosing the court and of permanently fixed posts for suspending lawn-tennis nets;
provision and erection of fixture and appurtenances for hanging screens; and
maintenance of items 3 and 4 only.

Note 1.–The cost of providing and renewing tennis-sets, the marking of courts, the provision of screens, the maintenance of the surface of the courts and also the maintenance of items (3) and (4) in section B above, in so far as they relate to the courts in the plains, should, on no account, be admitted as a charge against the State.

Note 2.–For the purpose of these rules the maintenance charges shall be revised after every three years.

Note 3.–See also note under the head “Garden” below:–

(c) GARDEN

Both interest on the outlay incurred at the rate prescribed by the competent authority for the purposes of rule 5.23 (b) and actual maintenance charges should be recovered.

The cost of planting shade trees, shrubs and hedges in the compounds of residential buildings, of transporting soil in a portion of the compound meant for a garden, if the nature of the existing surface soil renders such transportation necessary in order to form a garden, of grassing plots, or sinking a well and of providing irrigation channels may be debited to public funds as capital expenditure on the residence and included in the capital cost thereof for the purpose of assessment of standard rent. The maintenance of shrubs and hedges and of grass plots shall be a liability of the tenant. The sale proceeds of timber shall be credited to Government.

Note.– If the capital outlay on the tennis court/gardens is not known, it may be determined by the Divisional Officer with reference to the market value of similar tenniscourt/gardens in the vicinity.

(d) WATER CHARGES

Charges for water supplied to tenants of Government residential buildings are assessed as follows:–

Every official occupying a Government quarters with a separate water connection must pay water charges including the meter rent as fixed by a municipality, District Board or the Public Health Department. No exception shall be granted in such cases.

Where quarters have not been provided with separate water connections and the occupants have to use outside, and technically public taps; no water charges should be recovered from them.

Where water tax as distinct from water charges is levied such tax is payable by tenants.

Exception.–This rule does not apply to Secretariat and Raj Bhawan employees occupying staff quarters and other buildings appurtenant to Raj Bhawan, Chandigarh.

CLASSIFFICATION OF RESIDENCES

5.45. Government buildings intended for occupation as residences are divided into two classes:–

Class I. Buildings which will ordinarily be occupied by Government employees liable to pay the full standard rent subject to the limit of five per cent of their emoluments.

Class II. Buildings from which recovery of the full standard rent is not expected, that is, buildings which will ordinarily be occupied by Government employees who are entitled to accommodation rent free or at reduced rents under the sanction of competent authority.

Note 1.–The fact that a building in class I is occasionally occupied by a Government employee who is entitled to accommodation rent free, or at reduced rents, will not justify its removal from class I to class II, and similarly a building in class II should not be transferred to class I whenever it is occupied by a Government employee who may be required to pay the full standard rent (subject to five per cent of emoluments). Buildings should be transferred from one class to the other only when there is a permanent change in the conditions under which they will ordinarily be rented. Transfers should be made under the orders of the competent authority, and should have effect in all cases from the commencement of a financial year.

Note 2.–When a building in class II is occupied by any person who is not entitled to quarters rent free, the rent to be paid shall be fixed by the competent authority in general in accordance with the rules in this chapter.

Note 3.–In the Forest Department, Group „A‟ and Group „B‟ Government employees not entitled to rent-free accommodation are permitted to occupy quarters meant for free occupation on payments of rents to be assessed by the Public Works Department under the rules in this Chapter.

GENERAL RULES AND INSRUCTIONS REGARDING ALLOTMENT OF RESIDENCE

5.46. The expression “allotted” means “provided” and a Government employee residing in a Government residence before definite allotment may be regarded as having been allotted that residence. Subject to the provision of rule 5.51-A, an incumbent, permanent or temporary, of a post for whose benefit a residence has been constructed, bought or leased is allotted that residence.

Note.–A residence will not be held to have been allotted to a Government employee who shares it by private arrangement with another Government employee to whom it has been allotted.

5.47. A Government employee shall not be considered to be in occupation of residence when he proceeds on leave unless the competent authority otherwise directs.

5.48. The period of allotment is determined as follows:–

If the house has been constructed, purchased or leased for the benefit of a particular post, it is the period of incumbency, permanent or temporary, of each Government employee in that appointment except in the case provided for in rule 5.51-A.

Otherwise it is for twelve months at a time, but terminates on his transfer from the place where he is stationed.

5.49. When during a twelve months tenancy, a Government residence is vacated owing either to the occupant‟s appointment having been altered or to his proceeding on leave, the residence should, when this is possible and always when occupation of the residence is a condition of the tenure or the appointment, be allotted to his successor in office and rent recovered accordingly.

When a Government employee takes over charge of an office entitling him to occupy a Government residential building, he should, apart from the usual charge certificate on assumption of office, sign a supplementary certificate stating that he becomes responsible for the rent of the building from a given date. The relieved Government employees should similarly state that his responsibility has ceased. A copy of this certificate should be sent to the Accountant General and the Executive Engineer concerned to enable the former to exercise a check on the prompt recovery of rent and the latter to complete his records, etc. A Government employee will be held responsible for the rent until such date as he vacates the building and:–

after informing the Executive Engineer of the division in which the house is situated of the vacation, hands over the key to him; or
in the case of relief by another official, furnishes the Executive Engineer concerned with the certificate referred to above.

If an office does not carry with it any responsibility for the rent of a building, the supplementary certificate will be blank and will be signed with a line drawn across it.

5.50. A Government employee in occupation of a residence may sub-let it subject to the following conditions:–

the lessee shall be approved by the Chief Engineer, Public Works

Department, incharge of the building;

the sub-tenancy shall not be recognised by Government;
the lessor shall remain personally responsible for the rent and for any damage caused to the residence beyond fair wear and tear;
the sub-tenancy shall terminate not later than the date on which lessor ceases to hold the post to which the residence has been allotted;
the rent payable by the lessee shall not, except with the previous sanction of Government, exceed the rent payable to Government by the lessor;
the rent payable to Government by the lessor shall be the rent payable by him, if he has not sub-let the residence or the rent payable by the lessee, if the residence had been allotted to him direct by the Government, whichever is higher;
in the case of sub-letting of a Government residence when the lessor is not entitled to rent-free quarter or house-rent allowance in lieu but the lessee is so entitled, the rent payable by the lessor, should be the rent payable by him, if he had not sub-let the residence or the rent payable by the lessee, if

the residence had been allotted to him direct by Government otherwise than free of rent, whichever is higher;

when a Government residence is sub-let and the lessee and the lessor are, or the lessor is, entitled to rent-free quarters or house-rent allowance in lieu, the following procedure should be adopted in regard to the recovery of rent:–
when both the lessor and the lessee are entitled to rent-free quarters or house rent allowance in lieu, the lessor will pay to Government an amount equivalent to the higher of the two house-rent allowances; and

(ii) when the lessor is entitled to rent-free quarters or house-rent allowance in lieu and the lessee is not so entitled, the lessor will pay to Government an amount equivalent to the house-rent allowance admissible to him or to the rent payable by the lessee if the house had been allotted to him direct by Government, whichever is higher.

Note 1.–Whenever a residence cannot be allotted to the incumbent of the post to which it is attached or to a Government employee of the class for which it was constructed it may be let to a Government employee not holding the particular post or not belonging to that class subject to the conditions that –

the allotment ceases within two months of a Government employee for whom the residence is intended becoming available at the station as a tenant, and
the rent to be recovered under the rules from the temporary tenant is not less than two-thirds of the standard rent of the house.

A competent authority may relax the provisions of this note as a special case if considered necessary.

Note 2.–Where only a part of the residence is sub-let, the rent payable by the lessee shall not exceed the rent calculated on the basis of the plinth area occupied by him.

5.51. Omitted.

5.51-A. If a Government employee to whom a residence is allotted dies, is dismissed from the service or retires from the service, the allotment to him of the residence shall be cancelled, with effect from two months after the date of his death, dismissal or retirement as the case may be, or with effect from any date after such death, dismissal or retirement on which the residence is actually vacated whichever is earlier. In such cases the recovery of rent should be governed by rule 5.29(b) i.e., while the original allotment subsists, rent should be charged at the same concessional rate as was being paid by the Government employee before his death, dismissal or retirement as the case may be. Similarly the concession of rent-free quarters, if it was granted in any case, should continue during the period of grace.

5.52. In the case of residences under the control of the Forest Department these rules should be read as if the words “Public Works Department”, “Chief Engineer, and Executive Engineer” were “Forest Department”, “Chief Conservator of Forests” and “Divisional Forest Officer”, respectively.

III-COMPENSATIONS

5.53 to 5.54. Omitted.

IV-HONORARIA AND FEES HONORARIA

5.55. Subject to the condition prescribed in rule 5.56, a competent authority may grant or permit a Government employee to receive an honorarium as remuneration for work performed which is occasional or intermittent in character and either so laborious or of such special merit as to justify a special reward. Except when special reasons, which should be recorded in writing, exist for a departure from this provision, sanction to the grant or acceptance of an honorarium should not be given unless the work has been undertaken with the prior consent of the competent authority and its amount has been settled in advance.

Note 1.–In a case where an honorarium is to be granted to a Government employee there must first be an order of competent authority permitting acceptance of the honorarium by the Government employee, and there must also be an order sanctioning the grant of the honorarium. In a case where an honorarium is to be granted to a Government employee belonging to a department other than the one which is to pay it there should, therefore, be two sanctions, one for the payment of the honorarium by the department in which the expenditure is to be incurred and the other for the acceptance of the honorarium which must be issued by the department to which the Government employee belongs. In order to avoid duplication of work in having to give two different sanctions, one single sanction should be given both to the grant and acceptance of the honorarium and this sanction should be given by the department paying the honorarium after obtaining the concurrence of the department in which the Government employee happens to be serving.

Exception.–A Government employee under the Punjab Government may accept remuneration up to any amount for work connected with an examination or examinations conducted by the Union Public Service Commission and up to the limit of Rs. 10,000 during a financial year for work connected with an examination or examinations conducted by the Punjab Public Service Commission or Subordinate Services Selection Board, Punjab, or the Director, Technical Education and Industrial Training, Punjab, without the sanction of the authority competent to permit the acceptance of a fee or honorarium by him. For the acceptance of honorarium in excess of Rs. 10,000 in the case of work connected with the examination or examinations conducted by the Punjab Public Service Commission or Subordinate Services Selection

Board, Punjab or the Director Technical Education and Industrial Training, Punjab, sanction of the Punjab Government in the Administrative Department under which the Government employee concerned is serving is necessary.

Note 2.–The sanctioning authority shall record in writing that due regard has been paid to the general principle enunciated in rule 3.10 and shall record also the reasons which in his opinion justify the grant of the extra remuneration.

Note 3.–Note 2 above requires that the reasons for the grant should be recorded in writing as it is intended that the grant of an honorarium should be carefully controlled by Government and scrutinized by audit and that audit should be given an effective opportunity of comment if it be deemed necessary. Accountant-General may, therefore, require that the reasons for the grant of an honorarium should be communicated to him in each case.

Note 4.–The amount of an honorarium must be fixed with due regard to the value of the service in return of which it is given.

Note 5.–Temporary increase in work due to the holding of special conferences under the auspices of a department or subordinate authority or of inter-departmental committees are normal incidents of Government service and form part of the legitimate duties of Government employee according to the general principle enunciated in rule 3.10. Those so employed have, therefore, no claim to extra remuneration.

Note 6.–The grant of honorarium to the heirs of a deceased Government employee for work done by him is unobjectionable in audit.

Note 7.–No honorarium should be granted to Group „A‟ and Group „B‟ officers engaged on work in connection with the setting up of companies, corporations, etc. which forms a part of their normal duties even if they work beyond office hours.

5.56. When the service rendered falls within the course of the ordinary duties of the Government employee performing it, the test of special merit prescribed in rule 5.55 must be very strictly applied.

Note.–The expression “within the course of the ordinary duties” has been defined as follows:–

A service rendered by a Government employee is said to be within the course of the duties of that Government employee when it is of the same nature as that for which his regular employment exists. The test that should be applied in deciding any particular case is to determine whether the service rendered is such as the Government employee habitually performs in the course of his ordinary duties. A service does not cease to be within the course of the duties of the Government employee because it has been rendered for an object not concerned with the usual operations of his department or involves an unusual expenditure of labour.

FEES

5.57. Subject to rules under which a fee may be received by a medical officer of Government for services other that professional attendance (see note 5 below ) or an expert witness summoned in a criminal court (see note 6 below) and subject to rules 5.58 to 5.60, a competent authority may permit a Government employee, if it be satisfied that this can be done without detriment to his official duties or responsibilities, to perform a specified service or series of service for a private person or body or for a public body including a body administering a local fund and to receive as remuneration therefor, if the service be material, a non-recurring or recurring fee.

Note 1.–The sanctioning authority must make it clear that sanction under this rule to perform work does not involve sanction to the acceptance of fee in excess of his own power of sanction under this rule.

Note 2.–Acceptance of fees by medical officers of Government for professional attendance is regulated by the rules in Chapter VI of the Punjab Medical Manual.

Note 3.–Government employees of the Education, Agriculture and Animal Husbandry (including Fisheries) and Health Department and the teaching staff of the Punjab Engineering College are authorised to undertake work of examining and setting papers in respect of University and Engineering and other examinations and to accept remunerations therefor :

Provided the total sum so drawn by an individual does not in the case of Agriculture and Animal Husbandry (including Fisheries) Department Examinations exceed Rs. 5,000 and in the case of the Education, Health and Engineering Department Examinations Rs. 10,000 in a financial year.

The teaching staff of the Department of Agriculture and Animal Husbandry (including

Fisheries) is permitted to retain fees up to Rs. 5,000 in a financial year for working as Supervisors, Superintendents, Deputy Superintendents, Invigilators, etc. at the University examination: provided the work is undertaken outside the normal hours of duty. The officials besides teaching work, doing research work are not permitted to undertake this work. Government employees of the Education Department are permitted to retain fees upto Rs. 10,000 for working as Supervisors or Superintendents at University Examinations provided the work is undertaken outside the normal hours of duty. For the acceptance of fees in excess of this sum the sanction of the competent authority should be obtained. In order to watch the above-mentioned limits the Heads of Departments concerned should obtain annually from the Government employees of their respective department, who receive remuneration under this note, a statement showing the amount received by each Government employee in the preceding financial year.

Note 4.–Notes 2 to 4 under rule 5.55 apply mutatis mutandis in the case of fees also.

Note 5.–The rules prescribing the conditions and limits subject to which a fee may be received by medical officers of Government other than professional attendance are contained in Appendix 8 of the Punjab Civil Services Rules, Volume I, Part II.

Note 6.–The rules for the payment of fees to expert witnesses summoned in Criminal Courts are contained in Appendix-8A of Punjab Civil Services Rules, Volume I, Part II.

Note 7.–The Personal Assistants/Private Secretaries/Stenographers, etc. attached to the officers nominated as Chairmen and Members of the Board of Directors of certain Corporations and Companies should not be allowed any additional remunerations from Corporations or Companies, when the officers with whom they are attached are allotted duties on the Board of Directors of Corporation or Companies as part of their normal functions.

5.58. Unless the competent authority by special orders or otherwise direct one third of any fees in excess of Rs. 5,000 or if, a recurring fee, of Rs. 2,500 a year, paid to Government employee shall be credited to general revenues; provided that the fee to be retained by the Government employee concerned will not be reduced below Rs. 5,000 if non-recurring, or Rs. 2,500 a year if recurring and provided further that where a fee is paid for work done during the time which would otherwise be spent in the performance of official duties, the entire fee must be credited to Government, unless the competent authority for special reasons which should be recorded, directs otherwise.

Note 1.–Fees received by Government employees for giving expert evidence on technical matters before a court of law should also be governed by this rule.

Note 2.–Non-recurring and recurring fees should be dealt with separately and should not be added for the purpose of crediting one-third to general revenues under this rule. In the case of the former, the limit of Rs. 5,000 prescribed in this rule should be applied in each individual case and in the case of the latter the limit of Rs. 2,500 should be applied with reference to the total recurring fees for the financial year.

Note 3.–The fees received by Government employees from the following institutions are exempted from the operation of this rule:–

Society for the Prevention of Cruelty to Animals.
Indian Roads Congress.
India Cattle Show Committee.
Inter-University Board.
Inter-Provincial Board for Anglo-Indian Education.
Indian Red Cross Society.
Bharat Scouts and Guides, Punjab (Exemption relates only to fees received by Government employee for doing clerical work)
Child Activity Centres.
Bharat Sewak Samaj.

Provided the work for them is done during the time which will not be otherwise spent in the performance of official duties.

Note 4.–The fees referred to in note 3 below Rule 5.57 in excess of Rs. 5,000 in the case of Government employees of Agriculture and Animal Husbandry (including Fisheries) Department and Rs. 10,000 in the case of Government employees of the Education and Health Departments and the Punjab Engineering College during a financial year shall be shared between the Government employees and the Government in the ratio of 2 :1, i.e. one third of the amount in excess of these limits should be credited to Government. These orders will, however, not be applicable to the fees received by Government employees of the Health Department for acting as Examiners of the Punjab University, Punjabi University or Kurukshetra University or the Punjab State Medical Faculty. In their case, the orders regarding the sharing of fees would apply only to the fees received by them for acting as examiners of the outside Universities and bodies.

When a Medical Officer conducting examination/inspection on behalf of an Indian University other than the Universities of the Punjab and the Medical Council of India does not take regular/casual leave for the purpose he shall credit the entire fee received by him to the Punjab Government Revenues. In case however, the period of his absence is treated as regular/casual leave, the orders of sharing the fees will apply.

Note 5.–The term “Fee” used in this rule shall not include conveyance allowance, provided the amount of conveyance allowance received by a Government employee from a source other than the revenues of the State does not exceed what would be admissible under the Punjab Government Rules under similar circumstances and is not a source of profit to the Government employee concerned. In case of doubt, a competent authority may decide whether the conveyance allowance thus received by a Government employee is reasonable as compared with the standard adopted by the Government for the grant of conveyance allowance and is not a source of profit to the Government employee.

Note 6.–If any fee to which this rule applies exceeds Rs. 5,000 non-recurring or Rs. 2,500 a year recurring or Rs. 5,000 in the case of Government employees of Agriculture and Animal Husbandry (including Fisheries) Department and Rs. 10,000 in the case of Government employees of the Education and Health Department and the Punjab Engineering College, referred to in note 3 below rule 5.57 during a financial year, one-third of the total amount payable, as the case may be, should be credited to general revenues provided that the amount retained by the Government employee concerned will not, merely owing to the operation of this rule, be reduced below Rs. 5,000 if non-recurring or Rs. 2,500 a year if recurring or Rs. 5,000 or Rs. 10,000 as the case may be. Non-recurring and recurring fees should be dealt with separately and should not be added for the purpose of crediting one-third to general revenues under this rule. In the case of the former, the limit of Rs. 5,000 prescribed in this rule should be applied in each individual case and in the case of the latter the limit of Rs. 2,500 should be applied with reference to the total recurring fees for the financial year.

Note 7.–The fee received by a Superintending Engineer of the Public Works Department,

Buildings and Roads Branch for acting as an arbitrator in a dispute arising between

contractors and a Local Body relating to a contractor shall be apportioned between the Government, the officer and the staff employed in that connection as follows:

Government ..35 per cent

Superintending Engineer ..55 per cent

Staff (clerical employed) ..10 per cent In case no staff is employed, the fee shall be distributed as follows:

Government ..40 per cent Superintending Engineer ..60 per cent

No Superintending Engineer shall, however, be allowed to draw more than Rupees five thousand in any one arbitration case without the prior approval of Government.

Note 8.─Any scholarship or stipend received, during study leave or otherwise by a Government employee from a source other than the Consolidated Fund of India or Consolidated Fund of a State for the purpose of prosecuting a course of studies or receiving specialised training in professional or technical subjects will not be subject to a cut under the provisions of this rule.

However, this rule will continue to apply, unless specially relaxed to the payments received by such Government employees as a result of full time or part-time employment undertaken by them.

Note 9.–This rule will not apply to the income derived by a Government employee from exploitation of a patent for an invention taken out by him with the permission of competent authority under rule 5.64.

Note 10.–This rule will not apply to the fees which Government employees may receive from a University or other examining bodies in return for their services as examiners, papersetters. Superintendents, Invigilators, checkers, etc. The “examining body” covers only those institutions which are semi-Governments, i.e. bodies which are financed wholly or substantially by Government grants/loans etc. This rule will also not apply to fees received by a Government employee for similar service from Public Sector Undertakings or enterprises which are wholly or substantially owned by Government even though they are not examining bodies.

Note 11.–The operation of this rule may be exempted, with the concurrence of the Finance Department, for the income derived by a Government employee from sale or royalties of a book written by him with the aid of the knowledge acquired by him during the course of his service, provided the Administrative Department certifies that such book is not a mere compilation of Government rules, regulations or procedures but reveals the author‟s scholarly study of the subject.

Note 12.–This rule will not apply to the income derived by a Government employee:–

from writing of reports, papers or study reports on selected subjects for International bodies like U.N.O.,UNESCO, etc.,; and
delivering of lectures on literary, cultural, artistic, technological and scientific subjects including management sciences which are treated as literary pursuits.

5.59. The attesting and revising officers of outlaying courts and officers of the Revenue Department and attesting and revising officers of the Judicial Department are permitted to receive with the sanction of the presiding officers of the courts and offices concerned one-tenth of the copying and urgent fees received in respect of the copies attested and revised by them. All copies prepared at Government expenses shall, however, be examined and attested without fee.

5.60. When a Government employee of an Educational Service is permitted to receive fees for private tuition, the financial limits of the powers of sanction accorded to by a competent authority shall be considered to apply to the total amount of fees to be accepted by such Government employee during any particular scholastic term or vacation.

5.61. Omitted.

5.62. Omitted.

5.63. Any Government employee is eligible to receive and, except as otherwise provided by a general or special order of the competent authority, to retain without special permission.–

(a) the premium awarded for any essay or plan in public competitions;

any reward offered for the arrest of a criminal, or for information or special service in connection with the administration of justice;
any reward payable in accordance with Regulation or rules framed thereunder;
any reward sanctioned for services in connection with the administration of the customs and excise laws; and
any fees payable to a Government employee for duties which he is required to perform in his official capacity under any special or local law or by order of Government.

Note.–A fee payable to Government employee under rule 5.63(e) can be retained by him without special permission. In other words, rule 5.58 which requires that 1/3rd of all fees received by Government employee from private source should be credited to Government, does not apply to such remuneration. It is not considered desirable that a Government employee who in his official capacity, is nominated as a chairman or Member of a Government or quasi-Government body or governing body of an institution which receives a grant from Government, should be made eligible for any fee or other remuneration (except Travelling Allowance) which is admissible to non-Government employees for attending a meeting of the institution concerned or for performing other work thereof. This object can be served by making a suitable provision in the Articles of Association or other Regulations of the body concerned or any Act relating to its institution without having recourse to an amendment of rule 5.63.

5.64. A Government employee whose duties involve the carrying out of scientific or technical research shall not apply for or obtain, or cause or permit any other person to apply for or obtain, a patent for an invention made by such Government employee save with the permission of the competent authority and in accordance with such conditions as the competent authority may impose.

If a question arises whether a Government employee is a Government employee to whom this rule applies, the decision of the competent authority shall be final.

Note 1.–The Administrative instructions issued by Government under this rule are contained in Appendix 9 of Part II of this Volume.

Note 2.–The payment of honoraria as remuneration for the use by Government of inventions patented by persons in Government employ whose duties do not involve the carrying out of scientific or technical research should be regulated by the provisions of section 17 of the Inventions and Designs Act, 1888 and section 21 of the Indian Patents and Designs Act, 1911, and not by rule 5.55 or 5.64. The terms on which an invention may be used for the services of the Union should be settled with the approval of the Union Government before any payment is made to the patentee.