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HOUSE BUILDING ADVANCE RULES
1.0 Objective:
1.1 The objectives of SJVN House Building Advance
Rules is to establish uniform policy and rules relating
to the grant of House Building Advance to the employees
of the Company.
2.0 Policy:
2.1 These rules are framed entirely as a welfare
measure and do not confer any right or benefit on the
employees nor impose any obligation or liability,
whatsoever, on the Company and shall not be deemed to be
any contract or condition of service between the Company
and any such employees.
2.2 The House Building Advance will be admissible for
constructing a house including purchase of land for that
purpose, purchase of built in house/flat, enlarging an
existing accommodation anywhere in India, where an
employee of the Company intends to settle down after
retirement subject to availability of funds for the
purpose.
2.3 No advance shall be granted in case the total
deduction (statutory/otherwise) exceeds 75% of gross
salary. Gross Salary means Basic + DA + other local
allowances excluding HRA/Lease.
3.0 Definitions:
In these rules, unless the context otherwise
requires:
3.1 'Company' means the Satluj Jal Vidyut Nigam
Limited, including the projects/units/offices under its
management.
3.2 'Competent Authority' means the authority
empowered to sanction House Building Advance in
accordance with these Rules.
3.3 'Committee' means a Committee as constituted
under rule 7.2.
3.4 'Employee' means a person employed in the regular
establishment of the Company and does not include:-
-
A lien holder;
-
A deputationist on
Foreign Service terms;
-
A person appointed on
contract;
-
A muster roll, daily
rated, casual, badli or substitute employee,
workcharged; and
-
An apprentice/a trainee.
3.5 ‘Family' means an employee's spouse and minor
children including legally adopted children.
3.6 ‘House’ means a house, flat or a tenement.
3.7 'Salary/Wages' means basic pay and personal pay
plus dearness allowance/ ad hoc allowance and will
include pension and pension equivalent of retirement
benefits, in respect of re-employed pensioner provided
and to the extent the same has been taken into
consideration for fixation of his basic pay and such
other allowances which form part of basic and DA.
4.0 Eligibility:
4.1 All employees who, on the date of making
application for advance, have rendered not less than
five years' continuous service in the regular
establishment (i.e. excluding service as workcharged,
muster roll or trainee) shall be eligible for grant of
the advance.
4.2 Employees of the Company who have left the
service of Government/Public Sector Undertakings/
Statutory Corporations/Quasi-Government Bodies in order
to join services in the Company or who initially join
SJVN on deputation/lien and subsequently get absorbed in
the services of the Company, will be granted loan,
subject to the overall ceiling under Rule 6 and provided
he has completed "continuous service" of
minimum 5 years in such organization immediately prior
to joining the company for the purpose of computation of
continuous service. The loan outstanding equivalent to
the principal plus interest will be taken as it is and
remitted to his employers and employee will continue to
pay not less than the previous rate of installment and
execute fresh documents as required.
4.2.1 HPSEB employees after absorption in SJVN shall
be eligible for grant of advances during probation
period subject to having served at least one year prior
to absorption in SJVN and has completed continuous
service of 5 years in HPSEB.
4.3 Where both the husband and wife are employees of
the Company and are otherwise eligible for the grant of
advance, the advance shall be admissible to only one of
them, at their option.
4.4 An employee shall not be eligible for House
Building Advance from the Company except as provided in
rule 4.2 if:-
4.4.1 He has not satisfactorily completed the period
of probation on initial appointment/joining (except
HPSEB employees who are otherwise eligible under Clause
4.2.1) or has not put in at least one year's continuous
service in the Company, whichever is later.
Provided that the above stipulation shall not be
applicable in respect of such employees of
Government/Public Sector Undertakings/Statutory
Corporations/ Quasi-Government Bodies who in
continuation of their deputation/lien get absorbed in
the services of the Company and apply for an advance for
the purpose of repayment of the balance amount of House
Building Advance drawn from their parent
organization/department and interest accrued thereon.
4.4.2 He or any member of his family already
holds/owns a house anywhere in the town where the new
house/flat is proposed to be constructed/acquired for
which the employee applies for grant of loan under these
rules except where the advance is required for the
purpose of extension/repayment to previous employers.
4.4.3 He or any member of his family has taken
advance (other than an advance from the Provident Fund)
or any assistance of like nature for the purpose of
construction or purchase of a house from any source
whatsoever prior to obtaining advance from SJVN except
from previous employers to whom he needs to repay.
4.4.4 He is under suspension for any act of
misconduct.
4.4.5 He is to leave the services of the Company
within 36 months of the grant of advance either on
superannuation or otherwise.
5.0 Purpose:
5.1 The House Building Advance may be granted to the
eligible employees for the following purposes:
5.1.1 Acquisition and purchase of land (free hold or
lease hold) and construction of house thereon.
5.1.2 Construction of house on land already
owned/purchased/acquired by an employee in his own name
or held jointly with his spouse.
5.1.3 Purchase of a ready-built house or ownership
flat (which has not been lived in since its
construction) in the name of the employee or jointly in
his name and name of his/her spouse if the agency
offering it for sale is a Government, Semi-Government or
an Autonomous Institution like DDA, City Improvement
Trust, State House Board, Registered Cooperative House
Construction/ Building Society/Government owned/
recognized house building/Public Ltd. company registered
under the Companies Act etc., including a house or flat
under self Financing Scheme of such organizations.
5.1.4 Purchase of a ready -built house/flat other
than those at sub-rule 5.1.3 at the discretion of the
competent authority and on proper evaluation of the
property.
5.1.5 Enlargement of living accommodation in an
existing house owned by the employee either in his own
name or jointly with his spouse.
5.1.6 Repayment of the balance amount of House
Building Advance together with accrued interest thereon,
directly by the Company to his parent organization
covered under rule 4.2.
5.2 The advance will be admissible only for outright
purchase or for self-financing flats/houses.
5.3 The advance for the cases covered in
sub-rules 5.1.2, 5.1.3 and 5.1.5 shall be granted only
if the employee and his spouse jointly owning the
land/house/flat are willing to execute a mortgage deed
as provided under these rules for the same in
favour of the Company and shall submit an undertaking to
this effect on non- judicial stamp paper.
5.4 No advance will be sanctioned to an employee for
the purpose of registering himself for allotment
of a plot of land and/or a house. However, on the
allotment being made in his favour, advance may be
sanctioned to him towards the registration deposit made
by him to the extent the same is in excess of Rs.15000/-
and subject to other conditions in these rules.
6.0 Amount of Advance:
6.1 Subject to Rule 6.2, the maximum amount of
advance admissible to an employee would be the least of
the following:
6.1.1 For new construction/purchase of ready
built house:
-
90 months salary/wages
of the employees or
-
100% cost of
construction including that for acquisition
of land/100% cost of the property, as the case may
be; or
-
Rs.7.50 lakhs. (upto 40%
towards purchase of Land).
6.l.2 For enlargement of living
accommodation in an existing house.
- 30 months salary/wages of the employees or
- 100% cost of enlargement; or
- Rs.2.5 Lakhs.
6.1.3 For furnishing etc., the woodwork like
cupboards, pelmets, grills to make the house habitable,
20% of the cost subject to ceiling under 6.1.1.
6.1.4 The limits as at sub-rule 6.1.1/6.1.2, as
appropriate, shall also apply to a case covered under
sub-rule 4.2 and 5.1.6.
6.2 The actual amount of advance to be sanctioned to
an employee will be determined by the Company on the
basis of the plans, detailed specifications and
estimates to be furnished by the employee, within the
ceiling limit of advance as prescribed above, and
monthly paying capacity of the employee which may be
taken as follows:-
|
Length of Remaining Service |
Repaying Capacity |
|
Employees retiring/ superannuating after 20
years |
50% of wages/ salary |
|
Employees retiring/superannuating after 10
years but not later than 20 years |
60% of wages/salary |
|
Employees retiring/superannuating within 10
years |
66.66% of wages/salary |
6.2.1 The provisions of Payment of Wages Act shall
also be kept in view while sanctioning the advance to
employees coming within the purview of the said Act.
7.0 Procedure for grant of advance:
7.1 Applications for grant of the advance
shall be submitted in the prescribed form (Annexure
'A') through proper channel. The following
documents should accompany the applications:
7.1.1 In case of construction of a new house or
enlargement of the living accommodation in an existing
house, a copy of each of the approved building plan, and
the site plan as well as specifications, detailed
estimate and abstract estimate in the prescribed form
(Annexures
A-I & A-II).
The site plan and the building plan must be duly
approved by the Municipality or other local bodies
concerned before submission of the same to the Company.
7.1.2 In case of construction of a new house, the
original sale deed or other proof of the applicant
having clear title to the land on which the house is
proposed to be built except in the case of purchase of
land.
7.1.3 In case of enlargement of a living
accommodation in an existing house, the original sale
deed, if any, as well as other documents establishing
that the applicant possesses indisputable title to the
property in question.
7.1.4 In case of Registered Cooperative Societies
inviting financial participation from their members at
the construction stage (i.e. Self Financing Scheme), the
procedure will be as follows:-
While applying for grant of HBA, in the form
prescribed, the employee shall submit the following
additional documents:-
-
Photocopy of the letter
issued by the Registrar of the Cooperative Society
that the Society is registered with the Registrar of
the concerned State;
-
Photocopy of the share
certificate, if any, issued by the Society to the
employee concerned;
-
Letter of
allotment-cum-demand issued by the Society;
-
Original and copy of the
receipts of payments made by the employee to the
Society.
-
Proof of allotment or
allocation of land to the Society by Government or
Institutions like DDA etc.; and
-
Certified copy of
up-to-date bye-laws of the Society.
7.1.4.1 Subsequent to the sanction of advance, the
employee concerned shall be allowed to draw the first
installment of advance provided he executes a Personal
Bond (Annexure-M)
and also furnishes a Surety Bond (Annexure-N)
on non-judicial stamp paper of appropriate value. The
Surety Bond, as prescribed, is to be executed jointly by
two Sureties (other than husband/wife of the employee)
who are regular employees of the Company and fulfill all
other terms and conditions as provided at rule 9.0.
Besides these, the employee shall also furnish the
following documents:
-
Attested copy of the
Title Deed of the Society to the land on which the
house/flat is to be constructed; (where, however,
the land has not been allotted to the Society, the
Title Deed is to be furnished before disbursement of
second installment);
-
No objection from the
Society to the effect that the Society has no
objection to mortgage the house/ flat in favour of
SJVN;
-
Certificate that the
land on which the house/flat is to be constructed is
free from all encumbrances; and
-
Agreement to mortgage
the property to SJVN.
7.1.4.2 While applying for subsequent installments of
advance the employee concerned shall furnish a demand
letter from the Society indicating, inter alia, the
progress of construction; the correctness of which shall
be verified by the Competent Authority by arranging
inspection of the premises concerned. Further, the
employee shall also furnish a proforma of the Sale Deed
proposed to be executed by the Society in favour of the
employee. After being fully satisfied, the Competent
Authority shall authorize disbursement of the remaining
installments of the advance.
7.1.4.3 Immediately on taking the possession of the
house/flat, and in no case later than three months
thereof, the employee concerned shall execute and submit
the Mortgage Deed as prescribed under the rules.
7.1.4.4 The amount of advance sanctioned to the
employee shall be disbursed in suitable installments as
per demands raised by the Society, from time to time.
Further, the payment shall be made directly by the
Company to the society after collecting employee's
share, if any, for each installment.
7.1.4.5 Notwithstanding anything mentioned above, the
employee shall execute such supplementary documents/
deeds as may be required by the Competent Authority,
from time to time.
7.1.5 In case of flat to be purchased from
Government/Semi-Government/ Autonomous Institutes like
DDA, City Improvement Trust, State Housing Board on cash
purchase basis or se1f-finance scheme, the following
documents should be submitted with the application:-
- Registration Certificate (copy)
- Allotment letter
- Demand letter
- Non-encumbrance Certificate
- Mortgage permission as first charge in favour of
SJVN.
7.1.6 While making an application for grant of HBA
under Clause 5.1.4 for purchase of an old ready built
house/flat, having a clear marketable title, the
employee concerned shall be required to submit the
following documents: -
-
Consent of seller alongwith details of house and
price agreed to.
-
Attested copy of the title deed of the owner.
-
Attested copy of documents showing mutation of
house duly supported by current rent and taxes paid by
the owner (receipt to enclosed).
-
Document showing original cost, municipal
valuation or authorized valuation of the house:
-
12 years non-encumbrance certificate from the
competent authority.
-
Certificate from authorized Engineer indicating
condition of house and the approximate age thereof.
-
Sale permission from the competent authority, if
required.
In such cases constitution of a Committee by the
competent authority under Clause 7.2 shall not be
necessary.
7.2 On receipt of an application, duly forwarded by
the Head of the Department, Personnel Department will
take necessary action for processing the application.
The Personnel Department or a Committee, if specifically
constituted by the Competent Authority, will scrutinize
the application with reference to the conditions of
eligibility as provided under these rules (check list to
be developed by P&A Department) as well as
priorities etc., if any, laid down for dealing with such
cases so as to satisfy themselves that all these
conditions have been fulfilled.
They will also satisfy
themselves of the correctness of the facts stated in the
application as well as examine the title deeds and other
documents furnished in compliance with sub-rules 7.1.2
and 7.1.3 above and other rules and orders made under
sub-rule 10.8 (in consultation with the legal department
and the Revenue and Registration Authorities, if
necessary) to make sure that the applicant does, in
fact, possess a clear marketable title free from
encumbrances and attachments to the property in question
after examining all the plans specifications and
estimates submitted alongwith the application and all
other relevant details.
In case of society, the
Competent Authority shall satisfy itself about the
genuineness of the society concerned as well as the
employee's membership with the said Society. The
application will be forwarded alongwith the
recommendations, as to the amount of advance that could
be granted to the concerned applicant and its repayment
terms, to the competent authority for his consideration.
The Competent Authority for these rules will be General
Manager in case of Project and Director (personnel) in
case of Corporate Office or any other officer as may be
delegated powers from time to time.
7.3 The Competent Authority after satisfying himself
that all the conditions have been fulfilled and keeping
in view the recommendations made, will accord sanction
to the grant of advance specifying the amount of advance
so sanctioned as well as the repayment period, subject
to the terms and conditions of grant of advance under
rule 10.0.
8.0 Disbursement of Advance:
8.1 While according sanction to the grant of advance,
the Competent Authority will also authorize disbursement
of the first installment of the advance in accordance
with the basic guidelines set out in Annexure
-'B', subject to the observance of
prescribed formalities by the borrowing employees.
These include execution of agreement to mortgage (Annexure
-'C or Annexure-I
(English Mortgage)), mortgage deed (Annexure
-'D', or 'D-I'
or 'D-II'
or 'D-III'
or 'D-IV'
as the case may be), and surety bond (Annexure
-'E') in the prescribed forms.
Or
Alternatively, the competent authority may allow to
secure the advance through Equitable Mortgage of
property by deposit of original title deeds in place of
registered mortgage deed subject to the submission of
the following documents:
-
Agreement to mortgage in Form Annexure
-'C'.
-
Original Title Deeds of the property as soon as
the same are received by the employees.
-
Letter evidencing deposit of the Title Deeds of
the property in Form Annexure-J.
-
Affidavit regarding deposit of Title Deeds and
Declaration etc. as per proforma Annexure-K.
-
Mutation Certificate from Revenue or Municipal
Records after it is mutated.
-
Latest search Certificate through Sub-
Registrar/Advocate to show that there is no encumbrance
on the property.
-
Special Power of Attorney authorizing SJVN to
execute English Mortgage of the property in favour of
SJVN at its discretion as per proforma Annexure
-L.
In case of purchase of house/flat in the joint names
of the employee and his/her spouse, they will be
required to execute a Tripartite Agreement.
8.1.1 The employees shall not encumber, create lien,
alienate or otherwise make any second charge or dispose
of the property already mortgaged in favour of the
Company for loan already taken from the company, unless
the following conditions are satisfied.
The first charge is registered in favour of the
Company, and in no case second charge will be permitted
where the employee has opted for equitable Mortgage for
the first charge with SJVN. In case of SDA, where first
charge is held by SDA, Advance can be permitted on
Second charge with approval of Director(P) and with one
additional security.
Prior permission for second charge is obtained in
writing and draft of the second mortgage got approved by
the Company.
8.1.2 Before disposing of the mortgaged property for
which loan is taken from the Company, the employee has
fully repaid the loan and permission taken in writing
for its disposal.
The second mortgage proposed to be created shall be
in favour of Financial Institutions, such as banking
institutions, cooperative banks, financial corporations
set-up by the State Government for House Construction
Loans, Apex Cooperative Housing Finance Society and
Public Companies formed and registered in India with
main object of carrying on the business of providing
loan for construction of house or flat.
8.1.3 The competent authority has consented to create
such second mortgage in writing in favour of a specified
institution.
8.1.4 The draft of such second mortgage has been
approved by the competent authority.
8.1.5 The total amount of the advance sanctioned by
the company and the loan proposed to be taken under
second mortgage does not exceed the prescribed cost
ceiling of the value of property as indicated below:
200 times the salary/wages of the employee, subject
to a minimum of Rs.3.50 lakhs and a maximum of Rs.18.00
lakhs. However, on merits of each
individual case, CMD/D (P) may relax the cost ceiling
upto a maximum of 25% of the aforesaid cost ceiling in
individual cases.
8.1.6 Where a ready built house is intended to be
purchased, the employee shall be required to produce
proof of negotiations for the purchase of house together
with a copy of the building plan and the site plan and
also a certificate that the purchase price is not less
than the amount of advance sanctioned and that he has
satisfied himself that the transaction will enable him
to acquire indisputable title of the house.
8.2 While applying for subsequent installments of
advance, the borrowing employee shall certify that the
construction is being carried out strictly in accordance
with the plans and estimates submitted by him at the
time of making the application, that the construction
has actually reached the prescribed stages of
construction and that the amount already drawn has
actually been used on the construction of the house.
Such certificates are to be furnished by the borrowing
employee in the prescribed proforma (Annexure
-'F'). The competent authority may, if
necessary, arrange to have inspection carried out by an
official to be nominated by him to verify the
correctness of the certificates. After being fully
satisfied, the competent authority will authorize
disbursement of the remaining installments of the
advance as per the provisions of these rules.
8.3 In case of employees covered under Rule
4.2, the repayment of outstanding advance alongwith
accrued interest to the parent organization, will be
subject to the following conditions:
8.3.1 An undertaking that he shall deposit the
original title deeds with SJVN after obtaining from his
previous employers after loan is paid to his employer by
the Company to secure the advance through equitable
mortgage.
8.3.2 He shall also furnish surety as prescribed
under these rules.
8.4 In case of purchase of house under self
Financing Housing Scheme or from Housing Cooperative
Societies, etc, the disbursement of advance will be
further subject to the following conditions:
8.4.1 The employee concerned will be required to
produce two sureties jointly from amongst the eligible
employees of the Company.
8.4.2 If the employee wants to withdraw from the
scheme for any reason whatsoever, the money advanced by
the Company shall be refunded forthwith to the Company
by the agency concerned for which a tripartite agreement
shall be entered into, wherever possible.
8.4.3 The employee shall produce either a mortgage
permission or an assurance from the agency concerned
that the latter shall grant the mortgage permission
after completion of house in favour of the Company.
8.4.4 In case the agency concerned deducts any part
or the whole of the amount deposited with them due to
non- compliance by the employee with any of their
requirements or for any other reasons, the same will be
on the individual employee account and the company will
not undertake any liability for the same.
8.4.5 The interest, if any, paid by the agency
concerned on the money advanced by the company will
accrue to the Company only and not to the individual.
8.5 In the case of grant of advance for repayment as
in sub-rule 5.1.6 and under rule 8.4, the amount of
advance will be sanctioned by the competent authority to
the applicant but amount/cheque/demand draft will
actually by given to the agency or the parent
organization as applicable, by the company's
representative.
9.0 Surety:
9.1 The applicant shall get executed the surety bond
(Annexure
-'E') as referred to in rule 8.1 from an
employee of the company. An employee of the company
shall be eligible to stand as a surety if:
9.1.1 He has satisfactorily completed the period of
probation stipulated, if any.
9.1.2 His salary/wages is not less than two-third of
that of the applicant.
9.1.3 He is not likely to superannuate within two
years of the date of executing the surety bond.
9.1.4 He has not stood as surety in more than three
cases of House Building Advance.
9.1.5 The employee applying for House Building
Advance has not already stood as a surety for him when
he applied for House Building Advance.
9.1.6 He is working, to the extent possible, in the
same division/office, where the applicant is working for
the time being.
9.2 Where a surety employee is likely to leave the
employment of the company or ceases to be in the
employment of the Company on account of resignation,
retirement, death or for any other reason before the
borrowing employee has executed the deed mortgaging the
property to the company or has repaid the advance in
full (including interest thereon), the latter shall
arrange to get executed a surety, within one month of
his/their departure. This shall be the responsibility of
the borrower employee. Non- compliance will call for
disciplinary action and cancellation of loan.
9.3 The liability of the surety will extend till the
house built/purchased is mortgaged to the Company or
till the advance in full (including interest thereon) is
repaid to the Company, whichever happens earlier.
10.0 Terms & Conditions of Advance:
10.1 The construction of the house or additions to
living accommodation in an existing house (as the case
may be) shall be:
10.1.1 Carried out exactly in accordance with the
approved plan and specifications on the basis of which
the amount of advance has been computed and sanctioned.
The plan and specifications must not be departed from
without the prior approval of the competent authority.
10.1.2 Completed within 18 months/24 months, as
applicable, of the date on which the first installment
of the advance is paid to the employee concerned.
Failure to do so will render the employee liable to
refund the entire amount advanced to him (together with
interest thereon calculated as in Rule 11.0 below) in
one lump-sum. An extension of the time limit may be
allowed upto one year by the competent authority in the
cases where the work is delayed due to circumstances
beyond the control of the employee. The date of
completion must be reported to the competent authority
without delay.
10.2 Immediately on completion or purchase of the
house, as the case may be, the employee concerned shall
insure the house at his own cost for a sum not less than
the amount of the advance and shall keep it so insured,
against damage by fire, flood, lightning, earthquake and
riot till the advance alongwith interest is fully repaid
to the Company. The policy obtained should be deposited
with the Company. A letter should also be written to the
Insurer by the employee that the Company is interested
in the Insurance Policy (Annexure
-'G'). The premia must be paid regularly and
the premium receipts produced for inspection by an
officer of the Personnel & Administration Department
as nominated by the Competent Authority. In the event of
failure on the part of the employee to effect insurance
against fire, flood, lightning, earthquake and riot, it
shall be lawful but not obligatory for the Company to
insure the said house at the cost of the employee
concerned and recover the amount from him including
interest thereon at bank lending interest rate, in the
same manner as the amounts are recoverable under these
rules. The employee will in addition be liable to
disciplinary action.
10.3 The house must be maintained in good repair by
the employee concerned at his own cost. He shall also
keep it free from all encumbrances and shall continue to
pay all the Municipal and other local rates and taxes
regularly until the advance alongwith interest has been
repaid to the Company in full. The employee shall
furnish an annual certificate to this effect to the
Company.
10.4 After the completion of construction of the
house, annual inspection may be carried out by an
authorized official of the Company under instructions
from the Competent Authority to ensure that it is
maintained in good repair until the advance alongwith
interest has been repaid in full.
10.5 The employee concerned shall afford full
facilities for all inspections as required under these
rules.
10.6 The house should be used only for residential
purpose of the employee and/or his family and can be
rented out for residential use only.
10.7 The terms & conditions enumerated under rule
10.0 are in addition to those contained elsewhere in
these rules.
10.8 Notwithstanding anything contained herein, the
employee shall be bound to comply with any supplementary
rules/orders which may be made subsequently in this
regard from time to time with a view to safeguarding the
Company's interest as well as proper and faithful
observance of the provisions of these rules.
10.9 Furnishing of false certificates or breach of
any of the terms and conditions stipulated in these
rules and/ or any other supplementary rules/orders will
render the employee concerned liable to appropriate
disciplinary action apart from his being called upon to
refund to the Company forthwith the entire advance drawn
by him together with accrued interest.
11.0 Interest:
11.1 An advance granted under these rules shall carry
simple interest from the date of payment of the advance,
the amount of interest being calculated on the balance
outstanding on the last date of each month.
11.2 The rate of interest shall be notified by SJVNL
from time to time. The present rates of interest are as
under:-
|
Amount of HBA |
Rate Of Interest |
|
Upto 1,50,000/- |
6% |
|
1,50,000-2,50,000/- |
7% |
|
2,50,000-3,50,000/- |
7.5% |
|
3,50,000-4,50,000/- |
8.5% |
|
4,50,000-5,50,000/- |
9% |
|
Above 5,50,000/- |
9.5% |
11.3 Notwithstanding anything contained above,
failure of employee to faithful observance of all the
terms and conditions attached to the advance sanctioned,
will make him liable to pay the interest at bank lending
interest rate.
12.0 Repayment of Advance:
12.1 The advance granted to an employee under these
rules together with the interest thereon, shall be
repaid in full before superannuation/separation from
services of the employee by monthly installments within
a period not exceeding 25 years, repayment of principal
in the 15 years (180 installments) and interest in 10
years (120 installments).
Provided that where an advance has been sanctioned
under sub-rule 5.1.6, the amount of monthly installment
shall not be less than the installment amount at which
the advance was being repaid by the employee while in
service in parent organization/department. Provided
further that it will be optional to an employee to repay
the amount in a shorter period, if he so desires.
12.2 The amount of advance and interest thereon, to
be recovered from the employee, shall be fixed in whole
rupees, except in the case of last installment when the
remaining balance, including any fraction of rupee shall
be recovered.
12.3 Commencement of Recovery:
12.3.1 Recovery of advance granted for repayment
under sub- rule 5.1.6 shall commence from the pay of the
month following that in which the advance is drawn.
12.3.2 Recovery of advance granted for purchase of a
ready built house shall commence from the month
following the month in which the possession is taken or
immediately on the expiry of two months from the date on
which the advance is paid to the employee, whichever is
earlier.
12.3.3 Recovery of advance granted for enlarging
living accommodation in an existing house shall commence
from the month following the completion of the house or
immediately on the expiry of 18 months from the date on
which the first installment of the advance is paid to
the employee, whichever is earlier. The Competent
Authority may relax this time limit keeping in view the
merits of the case.
12.3.4 Recovery of advance granted for constructing a
new house including purchase of land therefore shall
commence from the month following the completion of the
house or immediately on the expiry of 24 months from the
date on which the first installment of the advance is
paid to the employee, whichever is earlier. The
Competent Authority may relax this time limit keeping in
view the merits of a case.
12.3.5 Recovery of advance granted for purchase of a
ready built house under the Self Financing Scheme shall
commence from the pay of the month following that in
which the possession of the house is taken by the
employee or immediately on the expiry of 36 months from
the date on which the first installment of the advance
is paid to the employee, whichever is earlier. The
competent authority may relax this time limit keeping in
view the merits of a case.
12.4 Recovery of the advance shall be effected
through the monthly pay/leave salary, subsistence
allowance bills or any other dues (except Provident Fund
and Gratuity amount) of the employee concerned by the
Company. The recovery may also be effected from the
gratuity amount due to the concerned employee provided a
written undertaking is given to that effect by him and
he agrees to the incorporation of all suitable clause in
the prescribed Agreement and Mortgage Deed to the effect
that the Company shall be entitled to recover the
balance of the said advance with interest remaining
unpaid at the time of his termination or death preceding
termination from the whole or any specified part of the
gratuity that may be due to him.
12.4.1 For computing the maximum amount of gratuity
due to an employee, the total period of service likely
to be put in by an employee till his superannuation/
separation and the salary/wages as presently drawn by
him are to be taken into consideration.
12.5 If an employee resigns from the services of the
Company or his services are terminated for any reason
whatsoever before repayment of the advance together with
accrued interest thereon in full, entire outstanding
amount shall become payable to the Company forthwith.
However, the Company, may in deserving cases, permit him
or his successors-in-interest, as the case may be, to
repay the outstanding amount together with interest
thereon in suitable installments after safeguarding
Company's interest. Failure on the part of the employee
concerned or his successors, as the case may be, to
repay the advance for any reason whatsoever, will
entitle the Company to enforce the mortgage without
intervention of the Court and take such other action to
effect recovery of the outstanding amount as may be
permissible under the law.
13.0 Re-conveyance:
13.1 The property mortgaged to the Company shall be
re-conveyed in the prescribed form at Annexure
-H to the employee concerned (or his
successors-in-interest, as the case may be) after the
advance together with the interest thereon has been
repaid to the Company in full.
14.0 Payment of subsidy for interest on loan from LIC
in lieu of HBA:
14.1 Such employees of the Company as are otherwise
eligible for grant of House Building Advance under these
rules, may avail of the House Building Loan Scheme
sponsored by the Life Insurance Corporation of India or
HDFC/ National Housing Bank or other approved Government
agency. In such cases, the Company will grant subsidy to
them to meet the difference between the Government rate
of interest and the interest rate actually paid limited
to the rate applicable in the case of Life Insurance
Corporation of India from time to time subject to the
conditions that the subsidy will be limited on the
amount which would have been admissible to the concerned
employee under these rules and no subsidy shall be
allowed on the interest levied by the above institutions
for default and/or delay in payments.
14.2 The subsidy will be paid after actual
verification of receipts issued by the Life Insurance
Corporation of India for payment of interest and for
this purpose, suitable registers will be maintained to
avoid double/over payment. The original receipts will
also be endorsed suitably to guard against a second
claim.
15.0 General:
15.1 The Competent Authority shall ensure that the
purchase/construction/ enlargement of the house is
completed within the period prescribed in the rules and
that:
15.1.1 The prescribed mortgage deed is executed
immediately on purchase of the house/land and the
document kept in safe custody after registration.
15.1.2 The house is insured in the manner indicated
in rule 10.2 immediately on its purchase/completion and
that the premium receipts are regularly produced for
inspection.
15.1.3 The house is maintained in good repair and
that the necessary insurance premia and municipal taxes
and rates are paid regularly and the requisite
certificate furnished annually, until the advance has
been repaid in full.
15.1.4 Monthly recovery of installments of repayment
of the advance commence from the due date and is made
regularly from the pay/leave salary etc. bill of the
employees concerned thereafter.
15.1.5 Any amount drawn in excess of the said
expenditure incurred is refunded by the employee
concerned to the Company forthwith together with the
interest, if any, due thereon.
15.2 Even in the case of transfer from the
Office/plant, etc. to another, the documents such as
title deed, mortgage deed, etc. submitted by an employee
should continue to be kept in the safe custody of the
authority which sanctioned the advance. This is with a
view to safeguarding against loss or misplacement of
precious documents in transit.
15.3 Subject to the superintendence and instructions
of the CMD/Director (Personnel), the respective Office/
plant General Managers will exercise all powers
prescribed under these rules in respect of employees
working under their administrative control and for
employees working at Corporate Centre, the same will be
exercised by Director (Personnel).
15.4 Stamp duty chargeable on all documents and
Registration fee to be incurred for the completion of
legal t formalities required in connection with the
grant of HBA may be granted as advance to the concerned
employees, subject however to the condition that the
total amount of House Building Advance shall not exceed
their entitlement, as per Rules. The employees concerned
will complete all formalities within a period of three
months from the date of drawl of advance granted for
stamp duty charges, etc., failing which the amount of
advance drawn for the said purpose will be refunded by
the employees together with interest thereon. However,
employees may claim reimbursement also.
15.5 The grant of advance under these rules shall
always be subject to availability of funds and cannot be
claimed as a matter of right.
15.6 The power to interpret and administer the rules
shall rest with the Director (Personnel)/CMD of the
Corporation whose decision shall be final and binding.
The Director (Personnel)/CMD are also empowered to make
any supplementary rules/orders as envisaged under 10.8.
15.7 The Company reserves the right to modify,
cancel, add or amend or withdraw any of these rules.
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