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Rule 45 - Housing License Fees | KartavyaDesk

FR/SR

Original Rule Text

NOTE. —A building, part of which is used for residential purposes, shall be deemed to be a house notwithstanding that any part of it is used for nonresidential purposes; (b) "local municipality", in relation to an officer, means the municipality within whose jurisdiction his office is located; (c) "member of his family", in relation to an officer means the wife or husband, as the case may be, or a dependent child of the officer; (d) "municipality" includes a municipal corporation, a municipal committee or board, a town area committee, a notified area committee and a cantonment board; (d) When licence fee has been recovered short through an error in calculation of standard licence fee or through mistake or inadvertence, the Government servant shall pay the deficiency on demand made within 12 months from the date on which the short recovery was made, in such number of instalments as the Government may direct; (e) (i) Where a standard licence fee of a residence cannot be determined for reasons to be recorded in writing at the time of its allotment, the Government servant shall pay such licence fee as may be fixed by the Government on the basis of the actual expenditure on the construction or the cost of acquisition of the building, the cost of fittings therein and the known and anticipated liabilities relating thereto plus 10% of the amount so arrived at or 10% of his monthly emoluments, whichever is less: (ii) The licence fee so fixed shall remain effective until the last date of the calendar month in which the standard licence fee for that residence is determined. (iii) In addition to the licence fee referred to in sub-clause (e) (i), a Government servant shall pay municipal and other taxes payable by the Government in respect of the residence, not being in the nature of house or property tax, and compensation for the charges payable by the Government in respect of the services provided for the residence.

What This Means

F&SR Rule 45 provides definitions and clarifications related to government housing and license fees. It defines what constitutes a 'house' even if partially used for non-residential purposes. It also specifies what 'local municipality' and 'member of his family' mean in the context of housing rules. Furthermore, it addresses situations where the license fee (rent) for government housing was initially undercharged due to an error, outlining how the government employee must rectify the deficiency. Finally, it covers how license fees are determined when a standard fee cannot be immediately calculated, ensuring a fair and transparent process.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •A building is considered a 'house' even if a portion is used for non-residential purposes.
  • •Defines 'local municipality' as the municipality where the employee's office is located.
  • •Clarifies 'member of his family' to include spouse and dependent children.
  • •Outlines the process for recovering underpaid license fees due to errors, with a 12-month recovery window.
  • •Specifies how license fees are calculated when a standard fee is not initially available, based on construction/acquisition costs plus a percentage.

Practical Example

Mr. Sharma, a newly appointed Section Officer in Delhi, was allotted government housing. Initially, the standard license fee couldn't be determined due to ongoing renovations. The government, based on the estimated construction cost, fixed a temporary license fee of ₹5,000 per month. Three months later, the standard license fee was calculated to be ₹6,000. Mr. Sharma will now pay the standard fee. Also, during an audit, it was discovered that Mr. Verma, another government employee, had been paying ₹500 less than the standard license fee for the past six months due to a clerical error. Mr. Verma will now be required to pay the ₹3,000 deficiency in installments as directed by the government.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if I use a part of my government-allotted house for a small business?▼
According to Rule 45, the building is still considered a 'house' even if a portion is used for non-residential purposes. However, you should still check with the relevant housing authorities for any specific restrictions on commercial activities.
What if the underpayment of license fee was due to a delay in the government's calculation, not my fault?▼
Regardless of the reason for the underpayment, if the deficiency is discovered within 12 months, you are obligated to pay the difference as per Rule 45. However, you can appeal to the authorities for a more lenient payment plan.
How is the temporary license fee calculated when the standard fee is not available?▼
The temporary license fee is fixed by the government based on the actual expenditure on construction/acquisition, cost of fittings, and anticipated liabilities, plus 10% of that amount or 10% of your monthly emoluments, whichever is lower.
Who is considered a 'dependent child' for the purpose of this rule?▼
A 'dependent child' generally refers to a child who is financially reliant on the government employee. The specific definition may vary, so it's best to consult the relevant housing allotment rules for clarification.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to F&SR Rule 45, which of the following best describes how a building is classified if it's partially used for residential and partially for commercial purposes?

Related Rules

Rule 36Fundamental Rules & Supplementary Rules - Rule 36 - Chapter IIRule 10Fundamental Rules & Supplementary Rules - Rule 10 - Chapter IIRule 1Fundamental Rules & Supplementary Rules - Rule 1Rule 114Fundamental Rules & Supplementary Rules - Rule 114 - Chapter VIIRule 113Fundamental Rules & Supplementary Rules - Rule 113 - Chapter VII

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