House Building Advance Rules
(14.1) Signing & Countersigning of Agreement
(14.1.1) Subject.. Delegation of power to sign and countersign contracts/agreements on behalf of the Society.
The president, CSIR has been pleased to authorise the Administrative Officers and Accounts Officers of any station where any CSIR employee builds a house, to sign legal documents on behalf of the Society i.e. the CSIR in respect of House Building Advance sanctioned to him, even though the employee concerned may belong to any other Laboratory/Institute is located. the Administrative Officer and Accounts Officer of the Laboratory/Institute which is located nearest to the site of the house will act on behalf of the Society i.e. the CSIR in this regard.
(CSIR letter No. 3(4)/65-CTE, dated, 20th Sep., 1969)
(14.1.2) Subject: Delegation of Powers to sign and countersign agreements on behalf of the Society, in connection with grant of HBA.
References are being made by the Laboratories/Institutes regarding signing and countersigning the agreement on behalf of CSIR in connection with the grant of HBA etc. to Administrative Officers or Finance & Accounts Officers. In accordance with the delegation of powers, all agreements are required to be signed by the Administrative Officer and Countersigned by the Finance & Accounts Officer of the Labs./Instts. on behalf of the CSIR. Questions have been raised by the Laboratories/Institutes as to who should sign and countersign the agreement when Administrative officer or F&AO is the borrowing authority. It is clarified that in case, Administrative Officer or F&AO is the borrowing authority, then the agreement will be signed and countersigned by the following officers:-
|Signed by||Countersigned by|
|1.||If Admn. Officer is the borrowing authority||F&AO||Director/Head of Lab/Instt.|
|2.||If F&AO is the borrowing authority.||Admn. Officer||Director/Head of Lab/Instt.|
|3.||In all other cases||Admn. Officer||F&AO|
No further approval of CSIR is required.
(CSIR Letter No: 14(30)/82-E.II, dated, Sept., 1984.)
(14.2) Reimbursement of Stamp Duty/ Registration Fee etc.
(14.2.1) Supplementary deeds/documents to be executed at the cost of the loanee on grant of additional HBA after liberalisation of rules/New HBA Rules of CSIR.
With liberalisation of HBA Rules by the Govt. of India with effect from 1.4.1984, a large number of CSIR employees have been granted additional HBA to the extent admissible.
Further, an equally large number of employees have been granted additional HBA under clause 27 of New HBA Rules of the CSIR effective from 1.8.1985.
While Govt. of India later on stipulates that Govt. employees granted additional HBA in terms of above order of 1984 will also bear the cost of executing supplementary documents but CSIR HBA Rules are silent over the matter.
It has now been decided in consultation with the Finance Wing of CSIR that wherever supplementary deeds/documents are required to be executed in pursuance of the grant of additional HBA either under Govt. of India orders or CSIR HBA Rules, these should be executed for the additional amount involved at the cost of the loanee.
All such cases are to be regulated accordingly.
(CSIR letter No. 16(63)/85-E.II. dated. the 19th Sept., 1986)
(14.2.2) Supplementary deeds/documents to be executed at the cost of the loanee on grant of additional HBA after liberalisation of rules/New HBA Rules for CSIR.
With reference to para 4 of the aforementioned circular letter dated 19-9-1986, I am directed to clarify in consultation with the Finance Wing of CSIR Headquarters as under:-
- The CSIR HBA Rules have come into force from 1-8-1985 although these were circulated on 2.6.1986. HBA sanctioned during the intervening period would be regulated under CSIR HBA rules only. If any supplementary HBA is granted under this rule. the cost for executing Supplementary bond may be borne by the CSIR (Lab/Instt.)
- Where additional HBA is/has been sanctioned, on the initial grant of HBA sanctified before 1-8-1985 under Govt. of India Rules, the cost for executing the Supplementary deed etc. will be borne by the loanee.
(CSIR letter No. 16(63)/25/86-E.II, dated, the 3rd July, 1987)
(14.2.3) Allowing reimbursement of stamp duty, registration fee and conveyance deed etc. CSIR -.HBA Rules, 1985.
Clause (IV) of clarificatory order No. 10 in Appendix "B" of CSIR HBA Rules, 1985 was deleted with the approval of the Governing Body as notified vide CSIR letter of even number dated 12-11-1987. Clause (V) there of was modified as under :-
"Reimbursement of stamp duty and registration fee in regard to the documents including re-conveyance deed pertaining to HBA to the Council servants will continue to be regulated in accordance with the existing orders on the subject prior to introduction of CSIR HBA Rules, 1985 in the present scheme also."
In view of the above modifications to clarificatory Orders No. 10. all the Council servants covered under HBA Rules, 1985 will be eligible for reimbursement of expenses incurred in connection with the execution/registration of conveyance deed.
The concluding line in this office letter dated 12.11.1987 may kindly be treated as deleted.
(CSIR letter No. 16(63)/85-E.II, dated, the 12th May, 1988)
(14.2.4)Reimbursement of stamp duty and registration fee in regard to the documents including re-conveyance deed pertaining to House Building Advance.
As per CSIR House Building Advance Rules, 1985, the CSIR has been reimbursing of stamp duty and Registration Fee in regard to the documents including re-conveyance deed pertaining to HBA drawn by the Council employees. The decision for reimbursement was taken by the Governing Body in order to bring the Council Employees at par with the other Central Government Servants. As the stamp duty is a state subject, some of the states have started charging stamp duty even from Central Govt. employees. The Govt. of India in the Ministry of Urban Development vide their OM No.1/17015/4/89-H-III dated 28th February 1989 have clarified that reimbursement of the stamp duty paid by the Central Government employees shall not be made if the same is charged by any of the states.
In order to bring the Council employees at par with the Central Government employees, it has been decided that:-
- "Reimbursement of stamp duty shall be made to the Council employees only if the Central Government employees are exempt from payment of such stamp duty by the concerned State Govt., as per extant CSIR instructions subject to production of a certificate from concerned Registrar of stamp that the Central Government employees are exempt from payment of stamp duty. This certificate is to be produced by the Council employee to the Head of Office along with the reimbursement claim.
- Where the central Govt. Employees are not exempt from payment of stamp duty, Council employees would have to bear the stamp duty themselves and question of reimbursement of stamp duty to Council employees would not arise in such cases.
- If the sanctioned amount of HBA is upto Rs.25, 0001- =7%
- If the sanctioned amount of HBA is upto Rs.50, 000/- = 7.1/2%
- If the sanctioned amount of HBA is upto Rs.75, 000/- =8%
- If the sanctioned amount of HBA is upto Rs. 1.00 lakh = 8.1/2%
- If the sanctioned amount of HBA is upto Rs. 1.25 lakh = 9%
These instructions will be effective from the date of issue of this letter.
(CSIR letter No. 16(63)/85-E.II, dated the 13th Mar. 1990)
(14.2.5) Reimbursement of stamp duty and registration fee in regard to the documents including re-conveyance deed pertaining to HBA.
Further to this office circular letter of even number dated 13/14-3-1990 on the above subject and to state in consultation with the Ministry of Urban Development and concurrence of F.A., CSIR, that the expenditure on registration charges incurred on registration of the documents pertaining to grant of HBA are to be borne by the loanees and reimbursement thereof is not admissible.
These orders will come into force with immediate effect.
(CSIR letter No. 16(63)/85-E.II, dated the 19th June, 1990)
(14.3) Rate of Interest
(14.3. 1) Grant of HBA to CSIR employees prior to 1. 8.1985 and rate of interest.
As per instructions issued by Government of India, Ministry of Urban Development. the rates of interest applicable to the past cases of HBA sanctioned from 1.6.1981 to 31st July, 1985 where recovery of interest has not yet commenced will be as follows :
(CSIR letter No. 16(63)/85-E.II., dated, the 29th June, 1987)
(14.3.2) Grant of HAA to CSIR employees prior to 1.8.1985 and rate of interest.
Further to this office letter of even number dated 29.6.1987 on the above subject it is informed that the rates of interest contained in the said letter were based on GOI, Ministry of Urban Development OM No. 1/1705/17/85/H.III dated 25.11.1985. Subsequently GOI Ministry of Urban Development vide their OM. No. 1/1705/17/85/H.III dated 7.10.1986. decided that the rates contained in their OM dated 25.11.1985 will be made applicable in r/o HBA sanctioned from the date of issue of the OM dated 25.11.1985. The instructions contained in CSIR letter dated 29.6.1987 may, therefore, kindly be treated as modified to this extent i.e. the rates communicated in the letter dated 29.6.1987 shall be applicable to HBA sanctioned from 25.11.1985 onwards. The rate of interest in r/o HBA sanctioned from 1.6.81 to 31.7.85 shall be governed by the rates as contained in the Ministry of Urban Development OM No. 1/17011/2/81/H.III dated 23.5.1981 and OM No. 1/17015/6/83/H.III dated 7.4.84 (not printed). However, the cases of HBA sanctioned on or after 1.8.85 under CSIR HBA Rules, shall be governed under the terms & conditions as contained therein.
(CSIR letter No. 16/63/85-E.II, date, the 12th Dec., 1994)
(14.3.3) Grant of HBA-CSIR Rules 1985 - Rate of Interest - Clarifications requested -
As per provisions made in HBA Rules, concessional rate of interest is not to be denied to such a Council servant who built/acquired a house with HBA at his native place or at some other place to settle down after his retirement, which is not the place of his duty and occupation of CSIR accommodation. Such an officer will also not be required to vacate the Council's accommodation provided he offers his newly built/acquired house to CSIR for its use irrespective of whether CSIR make use of it or not. However, if the said Council servant is subsequently transferred to that place where he has built/acquired his house, he will not be eligible for Council's accommodation at that station.
(CSIR letter No. 16(63)/85-E.II, dated. the 15th Jan., 1988)