Wednesday, October 09, 2013

Director of Estates Order 2013: The Allotment of Garages (General Pool In Delhi Rules. 1964

The Allotment of Garages (General Pool In Delhi Rules. 1964
(as amended upto September, 2013)

   1) The rules in this Division may be called the Allotment of Garages (General Pool in Delhi) Rules, 1964.

   2) These rules shall apply to the allotment of garages to allottees of such residences of Type-V(A) and Type-V(B) to which garages are not attached.

   3) They shall come into force on the 1st day of March, 1964.

SR-317-M-2:- In these rules unless the context otherwise requires:-

   (a) “Allotment” means the grant of a licence to occupy a garage in accordance with the provisions of these rules.

   (b) “Director of Estates” means the Director of Estates to the Government of India and includes an Additional, Deputy and Assistant Director of Estates.

   SR-317-M-3:- An officer who has been allotted a Type-V(A) or Type-V(B) residence to which a garage is not attached and owing a motor car shall be eligible for allotment of a garage in the locality in which his residence is situated.

   SR-317-M-4:- An officer, who is eligible and desires to be allotted a garage, shall apply to the Director of Estates for allotment stating their registration number of his motor car.

   SR-317-M-5:- (1) Waiting lists shall be maintained in the Directorate of Estates separately for each locality showing the names of applicants for allotment of garages in that locality in the order of their priority counted from the date of receipt of each application under SR-317-M-4:

   Provided that allotment of garages to the allottees of first floor accommodation and above and the allottees of ground floor accommodation shall be in the ratio of 3:1 in the waiting list.

   (2) Where applications from two or more officers are received on the same date in the Directorate of Estates priority shall be determined on the basis of the length of stay of the applicants in the locality in which allotment of garage is sought.

   (3) Where an officer, who has applied for allotment of a garage in proximity to his flat and has been allotted a garage at longer distance, Intimates within 7 days of the receipt of the allotment letter that he desires to be allotted another garage in exchange in proximity to his flat, his name shall be retained on the waiting list and he shall count priority from the date of receipt of his original application in the Directorate of Estates.

   Provided that a change of garage shall be allowed only once:

   Provided further that if an officer does not accept allotment of a garage at a distance of more than half a kilometer from his flat, his refusal shall not affect his position on the waiting list.

   (4) An officer who is allotted alternative accommodation in another locality, shall count priority for allotment of a garage in the locality from the date on which the application, if any, for allotment of garage in the previous locality was registered in the Directorate of Estates, whether a garage in the previous locality was allotted to him or not.

   (5) Government may allot garages on out-of-turn basis on grounds of security, compassion and in public interest.

   SR-317-M6:-  As soon as a garage falls vacant, the Director of Estates shall allot it to the applicant whose name is first on the waiting list for the locality in which allotment or change of allotment has been sought.

   SR-317-M-7:- If an officer fails to accept the allotment of a garage within five days from the date of receipt of the allotment letter, the allotment shall stand cancelled and the officer shall not be considered for another allotment for a period of six months from that date.

   SR-317-M-8:-  The officer to whom a garage is allotted shall be liable to pay rent thereof from the date of occupation of the garage or the 8th day after the date of receipt of allotment, which is earlier.

   SR-317-M-9:- The allottee shall use the garage for parking his own motor car and for purpose ancillary thereto and for no other purpose and shall not sublet it.

   SR-317-M-1O:- (1) If the officer proposes to dispose of his motor car, he shall give ten days prior notice to the Director of Estates of that proposal. The allotment of the garage shall stand cancelled with effect from the eleventh day after the notice is received by the Director of Estates or the date on which the officer ceases to own the motor car, whichever is later. If the — officer fails to give due notice he shall be responsible for payment of rent for ten days or the number of days by which the notice given by him falls short of ten days, provided that the Director of Estates may accept a notice for a short period.

   (2) Notwithstanding anything contained in sub-rule (1) if the officer informs the Director of Estates at the time of disposing of his car, of his intention to purchase another car, he may retain, the garage or a period of three months from the date on which he ceased to own the motor car. The allotment of the garage shall stand cancelled on the date of expiry of the said period, if he fails to acquire a car within that period.

   (3) An officer who has surrendered a garage in accordance with sub- rule (1) shall, on acquiring another motor car within one year from the date of disposal of the pervious car and on making an application to the Directorate of Estates, be given priority on the basis of the date of receipt of his application for allotment of garage on the previous occasion.

   SR-317-M-11:-  (1) An allotment of a garage made under these rules shall be deemed to be cancelled with effect from the date on which the allotment of the residence in the locality is cancelled or is deemed to be cancelled under the rules applicable thereto or the officer is allotted another residence in a different locality in lieu of such residence, and the garage shall thereupon be vacated forthwith.

   (2) If an officer to whom a garage has been allotted commits any breach of the rules in this Division or of the terms and conditions of the allotment or uses the garage or permits or suffers the garage to be used for any purpose which is not permitted by these rules or has knowingly furnished incorrect information in his application to the Director of Estates, the Director of Estates, may without prejudice to any other disciplinary action that may be taken against him, cancel the allotment of the garage and require the officer to vacate the garage forthwith.

   SR-317-M-12:- Where after an allotment of a garage has been cancelled or is deemed to be cancelled under any provision contained in these rules, vacant possession of the garage is not handed over to the Central Public Works Department, such officer shall be liable to pay by way of damages a rent of equal to the amount which would have been realized if the garage
had been let out for the period of unauthorized occupation to a private person.

Note: The Allotment of Garages (General Pool in Delhi) Rules, 1964 were notified vide Notification No.2/35/61-Acc.I dated 25.2.1964 and published in the Gazette of India, Part-II, Section 3, Sub-section-(ii) vide So 875 dated 14.3.1964. The Rules were further amended vide GSR No. 394 dated 29.8.92, SO No.858 dated 9.4.94, GSR No.476 dated 25.11.2000 and GSR No.224 dated September 8 - September 14, 2013.

Source:http://estates.nic.in/WriteReadData/dlcirculars/Circulars20283.pdf

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