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SC norms to stop overstay in govt houses 
R Sedhuraman
Legal Correspondent

New Delhi, July 5
The Supreme Court today issued 20 guidelines to prevent ministers, MPs, judges, bureaucrats and other government servants from overstaying in government bungalows and quarters.

A Bench comprising Justices P Sathasivam and Ranjan Gogoi directed all judges to vacate their official residences within one month from the date of superannuation or retirement. They could be given one more month if there were sufficient reasons.

In the case of ministers and MPs, the matter of unauthorised retention should be intimated to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha and action should be initiated by the House Committee for the breach of the privileges which a member/minister enjoyed “in a time-bound period.”

In the case of government servants, the SC suggested levy of compound interest instead of simple interest and stoppage of or reduction in the monthly pension till the date of vacation of the premises as part of the steps to get them vacated from their official accommodation immediately upon their retirement.

Notice should be sent to the employees three months prior to their retirement asking them to vacate the premises, the Bench said placing the responsibility for enforcing the guidelines on the department concerned and estate officer.

The apex court said it felt the need for framing guidelines as the existing legal provisions and directions under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 were found inadequate. As a result, the allottees of government accommodation continued to retain their premises by paying a paltry amount as rent or penalty.

In view of the paucity of government accommodation, the SC also banned conversion of such premises as memorials. The court issued the directives in a judgment in a case from Karnataka.

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