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CHAPTER
17 (2) A compensatory allowance may be
withdrawn or reduced by the President, if he is satisfied that the
circumstances justify such a withdrawal or reduction. (3) The President may, by general or
special orders, sanction the grant of compensatory allowance in any case or any
class of cases and also prescribe the conditions subject to which the allowance
may be drawn, Except as otherwise provided by such orders, the drawal of the
allowance shall be regulated by these rules.
1702
The
rates of Compensatory (City) Allowance which may be granted with effect from
1.8.1997 to Railway servants stationed in ‘A-1’, ‘A’, ‘B-1’ and
‘B-2’ class cities are given below :-
* In the revised scales of pay as
per Railway Services (Revised Pay) Rules, 1997. NOTE
– 1. Provided that in the
case of a railway servant who is allowed the concession of free boarding
and lodging as a condition of service, Compensatory (City) Allowance shall
be limited to half the amount of the allowance specified above.
2.
A Compensatory (City) Allowance may be granted to a railway servant
whose place of duty is situated within the qualifying area of the station
for which the allowance has been prescribed.” (
Authority : Railway Board’s letter No.E(P&A)II-97/HRA-19 dated
3.10.2005). 1703.
The rates of House Rent Allowance
which may be granted with effect from 1.8.1997 to Railway servants
stationed in ‘A-1’,
‘A’, ‘B-1’, ‘B-2’, ‘C’ class and unclassified cities are
given below:-
House
Rent Allowance at the above rates shall be admissible to all Railway
servants (other than those provided with Government owned/hired
accommodation) without reference to the quantum of rent paid, without
requiring them to produce any rent receipts. Such railway servants shall,
however, be required to furnish a certificate that they are incurring some
expenditure on rent/ contributing towards rent. House Rent Allowance at
the above rates shall also be admissible to Railway servants living in
their own houses subject to their furnishing a certificate that they are
paying/ contributing towards house or property tax or maintenance of the
house. NOTE
: Where House Rent Allowance has been allowed under special orders, the
same shall be given as admissible in A-1, A,
B-1, and B-2 cities, as the case may be, until issue of orders to
the contrary.” ( Authority : Railway Board’s letter No.E(P&A)II-97/HRA-19 dated 3.10.2005). 1704. For
the purposes of these orders: --
(a)
Pay would be as defined in Rule 103(35)(i)–R.I and in the Railway
Services (Revised Pay) Rules 1997 would also include stagnation increment
(s) and non-practising allowance. In
the case of those railway servants who opt to retain the pre-revised
scales of pay in existence prior to 1-1-1996, it will include, in addition
to pay in the pre-revised scale, dearness allowance and interim relief
appropriate to that pay admissible under orders in existence on 1-1-1996.
In case of Running staff, pay shall include the pay element in running
allowance as determined by administrative orders from time to time.” ( Authority : Railway Board’s letter No.E(P&A)II-97/HRA-19 dated 3.10.2005)
(b) “Rent” means
the charges paid by a Railway employee as consideration for accommodation
occupied by him if he is a tenant and the rental value of the house as assessed
for municipal purposes or otherwise, if he lives in his own house. It will also mean the charges paid by a
Railway employee who resides in a hostel or a boarding house or resides and
boards in a private family as a paying guest.
(c)
“Family”
means a Railway employee’s wife/husband, children and nother persons residing with
and wholly dependent upon him/her. A husband/wife/child/parent having an
independent source of income is not treated as a member belonging to the family
of the Railway employee except when such income including pension (inclusive of
temporary increase in pension and pension equivalent of death-cum-retirement
benefits) does not exceed Rs. 250 per month.
1705. (a)
(i) The limits of the locality within which these Rules apply shall be those of
the named municipality, or corporation and shall include such of the suburban
municipalities, notified areas or cantonments as are contiguous to the named
municipality or corporation or other areas, as notifies form time to time. (ii) The orders contained will automatically apply/cease to apply to areas which may be included within/excluded from the limits of the named municipality or corporation by the State Government concerned from the date of such inclusion/exclusion. (iii)
The classification of the localities into A-1, A, B-1 and B-2 for
purposes of Compensatory (City) Allowance, and, into
A-1, A, B-1, B-2, C and unclassified localities for the purpose of
House Rent Allowance shall be notified as per the administrative orders
issued by the Ministry of Railways from time to time.” (Authority:
Railway Board’s letter No.E(P&A)II-97/HRA-19 dated 3.10.2005). (b) (i)
A Railway employee whose place of duty falls within the qualifying
limits of a city shall be eligible for both the compensatory (city) and house
rent allowances irrespective of whether his place of residence is within such
limits or outside. NOTE. --1. Absence from place of duty during holidays,
except those affixed to leave , will not affect the eligibility for the
compensatory (city) and house rent allowances. (2) (i) For the period of tour, a
Railway servant’s entitlement to these allowances shall be regulated with
reference to his headquarters. (ii) Railway employees whose place of
duty is in the proximity of a qualified city, and who, of necessity, have to
reside within the city, may be granted compensatory (city) and house rent
allowances admissible in the city. The following
conditions should be satisfied for grant of compensatory (city) and house rent
allowances in the above cases:
(1)
the
distance between the place of duty and periphery of the municipal limits of the
qualified city does not exceed 8 kilometers; and
(2)
the staff
concerned have to reside within the qualified city out of necessity i.e. for
want of accommodation nearer their place of duty. (iii) Railway employees working within a
distance of 8 kilometers from the periphery of the municipal limits of a
qualified city should be allowed house rent allowance at the rates admissible
in that city even though they may not be residing within those municipal
limits, provided.
(1) that there
is no other suburban municipality, notified area or cantonment within the 8
kilometers limit; and
(2)
that it is
certified by the Collector/Deputy Commissioner, having jurisdiction over the
area, that the place is generally dependent for its essential supplies e.g.
foodgrains, milk, vegetables, fuel etc. on the qualified city. Such a certificate would remain valid
for a period of 3 years after which fresh certificate will be required. (i) The initial sanction for House
Rent Allowance/Compensatory (City) Allowance for any locality based on the
basis of the certificate issued by the Collector/Deputy Commissioner will be
issued by Railway Board. (ii) Further extensions based on fresh
certificates issued by the Collector/Deputy Commissioner will be granted by the
General Manager/Addl. General Manager of the Railway concerned with the
concurrence of their FA & CAO after ensuring that the conditions which
weighed at the time of initial sanction continue to hold good. The powers so delegated should be exercised by the General Manager/Addl.
General Manager personally and not be further redelegated. (iii) In case of doubt, the matter may
be referred to Railway Board.
1706. (a)
(i) House Rent Allowance shall not be granted to a Railway employee if-- (a)
he does not incur any expenditure on rent for his accommodation; (b)
he occupies accommodation provided by the Government; (c) he
shares Government accommodation allotted rent-free to another Government
servant;
(d)
he/she
resides in accommodation allotted to his/her parents/son/daughter by the
Central Government/State Government, an autonomous public undertaking or
Semi-Government organization such as a Municipality, Port Trust, Nationalized
Banks, Life Insurance Corporation of India etc. and
(e)
his wife/her
husband has been allotted accommodation at the same station by the Central
Government/State Government, an autonomous public undertaking or
semi-Government organization such as municipality, Port Trust etc. whether
he/she resides in that accommodation or he/she resides separately in
accommodation rented by him/her. (ii) A Railway servant who shares
Government accommodation allotted to another Railway/Government employee
(excluding those specified in (c), (d) and (e) of sub-rule (i) above shall be
eligible for House Rent Allowance. NOTE. -In cases where
husband/wife/parents/children-two or more of them being Central Government
servants or employees of State Governments, autonomous public undertakings or
semi Government organizations like Municipality, Port Trust, Nationalized
Banks, Life Insurance Corporation of India etc., share accommodation allotted
to another Government servant, house rent allowance will be admissible to only
one of them, at their choice. The term ‘accommodation’ includes the
accommodation allotted to the employees of State Governments, autonomous public
undertakings, semi-Government organizations such as Municipality, Port Trust
etc.
1707. (i) A
Railway employee will be entitled to draw Compensatory (City) Allowance and
House Rent Allowance during leave at the same rates at which the allowances
were drawn before he/she proceeded on leave in respect of total leave of all
kinds (except terminal leave, whether running concurrently or not with the
notice period) not exceeding 180 days and if the actual duration of leave
exceeds the period, the allowances would be payable during the first 180 days
of the leave. (ii) The limit of 180 days shall be
extended to 8 months for the purpose of grant of these allowances in the case
of Railway servants suffering from T.B., Cancer or other ailments during the
period of their leave taken on medical certificate when such certificates are
in the forms prescribed. It is
immaterial whether the leave is on medical certificate from the very
commencement or is in continuation of other leave as defined in (i) above. In
the case of employees suffering from T.B., Cancer or other ailments, who remain
on leave for a period exceeding 8 months, House Rent Allowance and City
(Compensatory) Allowance for the period of leave beyond 8 months, may be
granted by the General Managers in consultation with FA & CAO subject to
fulfillment of usual conditions. The
General Managers at their discretion may delegate these powers to the Chief
personnel Officers or other Heads of Department if no post of Chief Personnel
Officer exists. (iii)
Drawl of these allowances during the period of leave in excess of 180
days availed of on grounds other than those specified in sub-rule (ii) above,
shall be subject to the Railway employee certifying that:--
(i) he or his
family or both continued for the period for which Compensatory (City) Allowance
is claimed to reside at the same station from where he proceeded on leave.
(ii)
he
continued for the period for which house rent allowance is claimed, to retain
the house of the same station whether within the qualifying limits or in an
adjoining areas from where he proceeded on leave and paid rent for it and did
not sublet whole of it. NOTE. -1. In the case of Railway servants who are
originally granted leave on medical certificates exceeding 180 days and have
ultimately to retire from Government service on grounds of invalidity, the
entire leave thus becoming leave preparatory to retirement, the recovery of
compensatory (city) and house rent allowances already drawn need not be
effected. 2. The
drawl of these allowances during periods of vacation whether combined with
leave or not, shall be regulated in the same way as during leave. 3. In cases, where a Railway servant who is
sanctioned leave whether on medical grounds or otherwise, does not join duty
after availing himself of such leave, and resigns, he shall not be eligible for
Compensatory (City) and House Rent Allowances for the entire period of such
leave. The competent authority concerned
shall ensure that the entire amount drawn on this account is recovered before
resignation, etc. is accepted. (Board’s letter No. E (S)66/CPC/AL/10, dt. 13-7-66
and PC-60/HRA-1/MOF/6 dt. 11-2-71.)
1708.
The grant of Compensatory (City) Allowance and House
Rent Allowance to a Railway employee under suspension shall be regulated with
reference to Rule 1342 (FR-53) and Rule 1343 (FR-54) of Indian Railway
Establishment Code Vol.II, subject to the employee furnishing similar
certificate as prescribed in Rule 1707 (iii) above.
1709. In
case of temporary transfer, a Railway employee shall draw Compensatory (City)
Allowance and House Rent Allowance at the same rate at which he was entitled to
them at the time of transfer provided-
(i)
the
authority sanctioning the temporary transfer certifies that the Railway
employee is likely, on the expiry of the transfer, to return to duty at the
station from which he proceeded on transfer or to another station at which he
will be entitled to an allowance of the same nature; and
(ii) the Railway
employee furnishes a certificate similar to the certificate prescribed in Rule
1707 (iii) above.
1710. Railway employees going abroad on deputation
shall be eligible to draw Compensatory (City) Allowance and House Rent
Allowance at the rates admissible to them from time to time at the station from
where they proceeded abroad on deputation in the following manner:-
(i)
Case of deputation abroad not exceeding one
year. --Compensatory (City) Allowance and
House Rent Allowance will be admissible for the entire period of deputation
subject to the employee furnishing a similar certificate as prescribed in Rule
1707 (iii) above.
(ii)
Cases of deputation abroad exceeding one
year. --A Railway employee proceeding on
deputation abroad for a period exceeding one year will be eligible for
Compensatory (City) Allowance/House Rent Allowance till such time as the family
remains at the last place of his duty, subject to the employee furnishing a
similar certificate as prescribed in Rule 1707 (ii) above. In the event of an employee applying for
family passage to the place of deputation abroad or for Transfer Traveling
Allowance in respect of his family’s journey from the headquarters in India to
home town or any other station, he will not be required to refund the amount of
Compensatory (City) Allowance/House Rent Allowance upto the date upto which the
family actually resides at the last Headquarters of the employee in India.
(iii)
Deputation initially not exceeding one year
but subsequently extended beyond one year.
--Compensatory (City) Allowance and house rent allowance will be admissible
upto the date of orders extending the period of deputation beyond one
year. Thereafter, the allowance shall be
admissible as per sub-para (ii) above.
1711. During
joining time, a Railway employee shall continue to draw Compensatory (City)
Allowance and House Rent Allowance at the same rates at which he was drawing
these allowances at the station from where he was transferred. In cases where joining time is affixed to
leave, the joining time shall be added to the period of 180 days referred to in
Rule 1707 above.
1712.
The grant of Compensatory (City) Allowance and House Rent Allowance in the case
of re-employed pensioners, shall be regulated as indicated below:-
(i)
In the case of re-employed Pensioner, the
allowances would be granted with reference to the pay fixed on re-employment
before deduction of the non ignorable part of the pension. In the case of those
re-employed pensioners whose initial pay is fixed by ignoring the full pension
which they receive as pensioners, the pay that will be taken into account for
fixing of allowances will be the pay which they get on re-employment. Pension will not be added to this pay for the
purpose of calculation of the allowances. (ii) Deleted (Authority:- Railway Board's letter No. E(G)99 EM 1/2 dated 2.11.01)
1713.
(a) A Railway
employee who is deputed for training abroad under the various training schemes
sponsored by the Govt. of India or operated through non-official channels,
shall be entitled to draw Compensatory (City) Allowance and House Rent
Allowance during the entire period of such training at the rates admissible to
him from time to time at the station from where he was deputed abroad for
training subject to the production of similar certificates as prescribed in
Rule 1707 (iii). (b) A Railway employee who is sent on
training in India and whose period of training is treated as duty under rule
103 (16), shall be entitled to draw during the entire period of such training
Compensatory (City) Allowance and House Rent Allowance at the rates admissible
to him, from time to time, at either the place of training or the place of duty
from where he proceeded on training, whichever is more favorable to him. For claiming the allowances admissible at the
place of duty from where the Railway employee proceeded on training, the
certificate prescribed in Rule 1707 (iii) will have to be furnished. NOTE. --A Railway employee who is
allowed Traveling allowance as on tour and draws daily allowance at the place
of training, will draw House Rent Allowance and Compensatory (City) Allowance
only at the rates admissible to him at the headquarters from where he proceeded
on training. 1714. Drawl of allowances during the periods specially treated as duty. --The grant of compensatory allowance during any period specially treated as duty under Rule 103 (16) of the Indian Railway Establishment Code, Vol.I, shall be regulated by general or special orders as may be issued by the President in this behalf.
1715. Railway employees to whom the rules do
not apply.--The rules in this chapter shall
not apply to-
(i) Railway
servants appointed on ad-hoc rates of pay who are not specifically allowed
under the orders sanctioning their appointments to draw allowance admissible
under these rules or whose pay has been fixed with reference to the conditions
of living and high rents prevailing at the place where they are stationed; (ii) Railway employees specifically exempted from the operation of these rules by the President.
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