House Building Advance: RBE No.161/2000 – Acquisition of Houses in Rural Areas
No.F(E) Spl. 2000/ADV 3/3, dated 11.09.2000
Sub: Grant of House Building Advance to Govt. servants for acquisition of houses in rural areas.
A copy of Ministry of Urban Development’s O.M. No.1/17015/8/94/H.III, dated 6th October, 1994 on the above subject is sent herewith for information and guidance. Instructions contained therein would apply to Railway servant’s mutatis-mutandis.
Ministry of Urban Development
O.M. No.1/17015/8/94/H.III, dated 06.10.1994
OFFICE MEMORANDUM
Sub: Grant of house building advance to Government servants for acquisition/ construction of house in rural areas.
1. According to the house building advance rules, following documents, inter alia are required to be submitted along with the application form:-
(i) Copy of the sale deed or other proof regarding applicant’s title to the land.
(ii) Non-encumbrance, certificate from the Revenue authority/ Government Pleader.
(iii) Copy of the approved building plan along with the endorsement of the approving authority on the plan and a copy of the site plan.
(iv) Specifications, and Estimates.
2. Generally there is no difficulty in submission of these documents in urban areas. However, in the case of rural areas, Heads of Departments have pointed out certain difficulties in ensuring compliance with the above requirements of the rules. The matter has been examined in consultation with the Ministry of Law and it is clarified that submission of the above documents is essential before house-building advance could be sanctioned to any Govt. servant in rural areas.
3. There may, however, be cases in which submission of the documents referred to at (i) and (iii) above may not be feasible particularly, when the house sites in question is owned by inheritance and also there is no law in force of the local authority (like district Board, Village Panchayat, Gram sabha or notified areas) requiring approval of the building plan.
4. In the type of cases referred to in para 3 above, house-building advance could be granted after submission of the following documents:-
(a) In respect of clear and marketable title of the applicant having houses sites in rural areas:
(i) In case the land (house site) is owned by inheritance, an affidavit showing the manner in which the land was inherited, together with declaration that the applicant is the sole owner of the land or the specified share on which he proposes to raise the construction and that there is no other co-heir of the land.
(ii) A copy of the extract of the relevant register of the Gram Sabha or the Voter’s list showing the number of the house or plot (in most of the states, Gram Sabha/ Village Panchayat maintain register of property within the abadi land, list of the residents of the village who are automatically members of the Gram Sabha/ Panchayat together with house number. The Voter’s list invariably shows the house number in which the voter lives. In case a Govt. servant is not recorded as a voter in the rural areas an affidavit may be obtained showing the relationship of the persons showing to be living in house).
(iii) In case the construction is proposed on a vacant piece of land within the abadi plot, Govt. servant may be required to furnish the number of the entire abadi plot together with the boundaries of the plot and an affidavit showing the mode of ownership and inheritance.
(iv) Non-encumberance certificate.
(b) Submission of approved building plans and estimates etc. in respect of rural areas where there is not in force any law of the local authority requiring approval of building plans.
The sanctioning authority may obtain an affidavit from the applicant Govt. servant that there is not in force any law of the local authority (like District Board, Village Panchayat, Gram Sabha or notified areas) requiring approval of the building plan. The sanctioning authority may also obtain certificate from registered Architect/ Engineer stating that the Specifications and design of the proposed building ensure structural soundness of the building. The Head of the Deptt. Should satisfy himself that the interests of the Govt. are safeguarded before sanctioning the advance.
Download Railway Board Circular RBE No.161/2000
Forward reference ⇒ RBE No.