Govt frames bye-laws after being reprimanded by HC
Concessional period of retention on transfer, retirement fixed
Mohinder Verma
JAMMU, Dec 11: Large number of allottees of residential accommodation of Jammu and Srinagar Municipal Corporations, who are not eligible under the newly framed bye-laws, will be considered as unauthorized and charged licensee fee at the prevailing market rates in case they want to retain the premises till their cases are processed for fresh allotment.
Moreover, concessional period of retention on transfer outside the territorial area of the Corporations, retirement, resignation and dismissal etc has been clearly defined to check the present practice of considering such allotted accommodation as personal property.
The Jammu and Kashmir Allotment of Municipal Corporation Residential Accommodation Bye-Laws, 2020 have been framed by the Housing and Urban Development Department after being reprimanded by the High Court a number of times in a Public Interest Litigation (PIL) filed by practising lawyer Irtiza Mushtaq.
The PIL filed through Advocate Sheikh Shakeel Ahmed highlights distribution of Municipal assets both residential and commercial worth crores of rupees on pick and choose basis instead of following any rational criteria. In the PIL, the Housing and Urban Development Department was reprimanded by the High Court a number of times following which an assurance was given by the Government that a proper policy will be framed in this regard.
Finally, the Housing and Urban Development Department has approved the Jammu and Kashmir Allotment of Municipal Corporation Residential Accommodation Bye-Laws in compliance to the directions issued by the High Court and if implemented strictly the same will go a long way in streamlining the residential accommodation allotment process in Jammu Municipal Corporation and Srinagar Municipal Corporation.
Now, the allotments made by the Municipal Corporations from time to time for the residential accommodation in favour of any employee/non-employee/retiree or any other person, who are not eligible under these bye-laws shall be deemed to be unauthorized except in the case of presently serving employees in the Corporation, which too will be revisited and further continuation/allotment to be made afresh on year to year basis as per these bye-laws.
However, for continuance of allotment in respect of non-employees/retired persons or any other person in possession of the residential accommodation of the Corporations will be charged license fee at the market rates and the further allotment/continuance of earlier allotment will be governed as per the options made available in the rules.
As far as serving employees of the Corporations are concerned, they will be allowed to retain accommodation and normal licensee fee to be charged monthly. However, the allotment made before these bye-laws will be revisited and will come into force from the date of issuance/continuation/allotment orders to be made afresh on year to year basis.
About occupants other than the employees including retired employees of the Corporations or any other department, the bye-laws state: “Those having valid allotment orders and intends to retain accommodation will be allowed to continue subject to payment of license fee at market rates with upward revision of rent at the rate of 15% after every three years”.
The occupants other than original allottees will be evicted as per the provisions of bye-laws. It has been made clear in the bye-laws that the residential accommodation will not be allotted to a person who owns or possesses a house in the municipal limits of the Corporations whether in proprietorship or lease or otherwise whether by himself or through his family members. However, any allotment to the eligible person(s) will be valid normally for one year only and thereafter cases will be examined afresh.
Elaborating further on unauthorized occupation, the bye-laws read. “The Corporations will appoint officer(s) not below the rank of Assistant Commissioner for exercising powers for issuance of vacation notice, show-cause notice, cancellation order and carrying out eviction proceedings etc for ousting unauthorized occupants from residential accommodations”.
If anybody remains in the unauthorized occupation after cancellation of allotment, such person will be liable to pay damages at the market rate of license fee plus 10 percent compound interest on monthly rent.
About concessional period of retention, the bye-laws state: In case of resignation, dismissal, removal from service, termination of service or unauthorized absence without permission of the employees of the Corporations, the permissible period for retention will be one month on normal license fee.
Similarly, in case of retirement or repatriation to parent organization, the permissible period will be three months on normal license fee while as in case of death of allottee 12 months on normal license fee provided that any member of the family doesn’t own a house at the place of occupation of accommodation.
Likewise, in case of transfer to a place outside territorial area of the Corporations, permissible period of retention of residential accommodation will be two months on normal license fee plus six months on double license fee.
“If an allottee unauthorizedly sublets the accommodation, the Corporations may without prejudice to any other disciplinary action, will cancel the allotment of accommodation from the date of inspection”, reads the bye-laws.
According to the bye-laws, four percent accommodation will be reserved for specially abed employees of the Corporation. However, if case such accommodation remains unallotted the same will be allotted for rehabilitation of displaced persons whose residential accommodation has been demolished due to any developmental project by the Corporations of specially abled employees of the UT of J&K and militancy affected persons etc.
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