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Thread: Seeking Permission from prescribed authority for acquiring immovable property 18(2)

  1. #1
    Member Dr.I.N.Mukherjee is on a distinguished road
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    Default Seeking Permission from prescribed authority for acquiring immovable property 18(2)

    Dear Friends,

    Pl. intimate who is the prescribed authority from whom one Central Govt.Gr.A officer/employee has to seek previous permission/prior intimation transaction in acquiring immovable property as per Rule 18(2)?

    One Gr.A employee has initially submitted his Application in the presribed format under Rule18(2) addressing to his Office Master(i.e. Director).He has sent his Application & personal file along with his recommendation in the note sheet to the Director General(Head of the Department).But,DG (HOD) has returned the file with the instruction that the Applicant has to resubmit his Application addresed to the DG(through proper channel i.e. through Director)!Is it correct as per rule?

    Regards,

    Dr.I.N.Mukherjee

  2. #2
    Senior Member sinha_audit is on a distinguished road
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    Since the Office Master is not the competent authority to grant permission, the application should be addressed to the competent authority concerned and "routed through" the Director since office master has to be in the know of the affairs, so to speak.

  3. #3
    Member Dr.I.N.Mukherjee is on a distinguished road
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    sinha_audit

    Dear Sir,

    Many thanks for your reply.Pl. intimate/advise further as per the extant DOPT rules of Central Govt:

    What is the procedure after the competent authority approves the prior intimation transaction under CCS Rules 18(2)for the purchase of the immovable property (in the form of a self cntained flat) in the personal file of the Gr.A officer:
    1.Whether the Applicant has to be intimated regarding the permission through a Letter by the Office Master?
    2.Again, if the candidate/applicant has indicated in his initial Application for withdrawal of 90% of his GPF as one of the source of finance towards the said purchase,whetherafter getting the permission letter from the Office Master,Application for GPF withdrawal shall be done?
    3.Whether for GPF withdrawal any sanction Memo is to be also issued by the Office Master?

    Hope for an immediate reply,

    Regards

    Dr.I.N.Mukhejee

  4. #4
    Senior Member sinha_audit is on a distinguished road
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    Dear sir,

    It was my pleasure to share information. Anyway "competent authority approves ....... in the personal file of the Gr.A officer" is not really the case as your personal file should remain in the custody of office master. Approval will be received as a letter. Point wise info to your queries:

    1. Yes, of course. It is mandatory for the office master to intimate the decision of competent authority to the employee concerned through written communication.

    2. No. Separate application in the prescribed pro forma will be required for the same. Employee merely stating source(s) of funds does not warrant automatic withdrawal from GPF, as in the case of any loans. You would have to complete the formalities separately to secure loan(s), Govt. or otherwise. Additionally, you may exercise your discretion regarding the precise month to withdraw, as needed.

    3. Yes, of course. Based upon your application for withdrawal from GPF, sanction memo will be issued. Without that, withdrawal is not possible.

    Hope that helped.

    Regards,
    Alok Sinha.

  5. #5
    Member Dr.I.N.Mukherjee is on a distinguished road
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    Dear Mr.Sinha & Other Friends,

    Many thanks for your very elaborative reply.Pl. also inform the following:

    a) Whether CCS(Conduct) Rules,1964 has been replaced by CCS(Conduct) Rules, 2000?After, the competent authority approves the prior intimation transaction of immovable property as per 18(2) in the purchase of a self contained flat on resale &freehold basis, whether the Letter communicating the employee mentions which one as the guiding rule to this effect?
    b) Whether 90% withdrawal (non refundable) from GPF is permissible on a resale flat?
    c) Whether Office Master can ask for the copy of Agreement deed/seek any other undertaking (i.e. not involving office for drawing any liability whatsoeveretc.)when the purchase of the said flat is entirely financed by the Govt.employee from his own Personal Savings & withdrawal from GPF?

    Hope for an early reply,

    Regards,

    Dr.I.N.Mukherjee

  6. #6
    Senior Member sinha_audit is on a distinguished road
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    Dear Mr. Mukherjee,

    1. New Conduct Rules are in force. Relevant rules will be applicable to each case, whether the permission letter mentions it or not. Normally, permission does not contain guiding rules. However, employee is free to refer rules in communication / application.

    2. Yes.

    3. It is perfectly in order for the office master to seek a copy of deed / agreement as basis/ justification for withdrawal from fund (unless you are within a year from retirement where you can withdraw 90% without quoting reason; however permission is required to procure property). Unless loan from the employer is not asked for, undertaking is not required to be furnished.

    I think you will be satisfied with the quickness of reply
    Alok Sinha.

  7. #7
    Junior Member Hyd_AG_Employee is on a distinguished road
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    One thing to be kept in mind while allowing GPF withdrawal for property purchase matter is : This is allowed just ONE TIME. If already GPF withdrawal has been availed previously PFW for the new flat will not be allowed. Check out the rules governing this. Yes also as per rules the office has to make sure of all the documents noted above including a copy of the blue print approved by the local municipal authorities and also satisfy itself of the means of the other fundings like bank-loan and repayment consideration etc., Since the employee in question is a Group "A" Officer it is always very good that all the official formalities are thoroughly followed so as to avoid inconvenience to the office and the officer at a later stage (should there be some problem) . The DG of a concerned office is the competent authority for all Group "A" officers. All the best to the Officer in this matter............

  8. #8
    Member Dr.I.N.Mukherjee is on a distinguished road
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    Pl. intimate what is the exact governing rule for 90% withdrawal from one's GPF for the purpose of purchaing a resale flat?

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