—When it is proposed to sell of dismantle a portion of the building Ihe value oflht entire building and not of the portion shall be taken for the purpose of determining

the authority competent to sanction it.

236. Temporary buildings erected during the construction of a work may, under the sanction of the Executive Engineer, be sold or dismantled on the completion of the work of when the purpose for which they were erected has been served. It is the duty oflht:

Executive Engineer to report when, in his opinion any other building or property of Government in his charge ought to be sold or dismantled.

237. Building incharge of Revenue Department :— (I) It should have been' previously ascertained that any building to be sold is not required for the use of any department of Government. ,

(ii)T he Executive Engineer concerned should have certified that any building proposed to be demolished is dangerous or past repair.

238. The sale-proceeds of Roads and Buildings Department building including this actual area occupied by or auxiliary to a building should be apportioned as follows :-

(a) When the cost of the building was originally debited to the Capital account for the Revenue account of a project for which regular Capital and Revenue accounts are kepi 01 to a capital expenditure head outside the Revenue accounts even though no regular capital and Revenue accounts are kept for the work covered by the Capital expenditure, the sale-proceeds should be credited to the Capital or Revenue account of the project, or to the capital

Para 240] Public Buildings 115 (b)When the sale affects irrigation, navigation, drainage and Flood Control works, for which capital accounts are not kept, the amount should be credited to "133, Irrigation, Navigation, Drainage and Flood Control projects for which no Capital accounts are kept".

(c)When the sale is of buildings the cost of which was originally debited to "259.

Public Works" the amount should be credited to "059. Public Works".

(d) In all other cases—

(i) if sold in the Public Works Department (but see Paragraph 235) the amount should be credited to "XXXIX. Civil Works", and

(ii) if sold by Civil agency, to ―XIVI. Miscellaneous—Stale of Land and property",

(c) Transfer of Buildings

239. (1) Collectors, Conservators of Forests, the Chief Conservator of forests and the Board of Revenue are empowered to transfer buildings in their charge for occupation as offices from one department to another when they have been vacated by the former in consultation with the heads of departments but without reference to Government, subject to the condition that me book value of the building transferred does not exceed Rupees 2,500 in the case of Collectors and Conservators and Rs. 5,000 in the case of the Chief Conservator and the Board of Revenue.

(2) Superintending Engineers are empowered to sanction, in consultation with the Collectors of the district and the heads of departments Concerned, the occupation as an office by one department of Government of a building incharge of the Roads and Buildings Department after it is vacated by another department for which it was originally constructed or provided.

(3) But the orders of Government should be obtained by the authorities concerned before the transfer is made—

(i) when it is proposed to transfer a building to Zilla Parishad or private bodies (vide Paragraph 165) or to any department of the Central Government ;

(ii) when the building belongs to the Central Government;

(iii) when two or more departments ask for the same building.

The discretion in regard to the transfer of Government buildings (which, though not immediately required for Government purposes, it is not considered desirable to dismantle) to local bodies on terms which will ensure the buildings being kept in proper repair and to secure the right of re-entry after reasonable notice, willl be exercised by Government.

IV. Hire of Office Accommodation for Officers of the Public Works Department

240. (i) When a private building is taken up by an officer for location of both office and residence either by private leasing or by allotment under the Andra Pradesh Buildings (Lease and Rent Control) Act, its suitability for the location of the office and occupation by the officer and reasonableness of rent should first be considered.

(ii) Having taken up the building it should be suitably allocated to the office and residence and rent for the two portions fixed on the basis of plinth area.

116 A.P.PUBLIC WORKS DEPARTMENT CODE

(iii) Once this allocation is made the officer concerned should be made liable to pay the full rent for the residential portion irrespective of his pay and he should not be allowed to change the allocation unless there is an expansion or contraction of the office.

(iv) When once the portion of the building is allotted to an officer, as his residence, ' he is liable to pay the full rent for the residential portion of the building from the dale it is occupied by him till the date of his vacating the portion of the building. When an officer to whom a portion of die building is allotted as residence, is transferred out of the station '', and the portion of the building becomes vacant, it should be allotted to his successor. If there is no officer occupying the post for which this portion is allotted and if it cannot be assigned to any other officer or office during such period, the promotion of the building in question should be immediately released to the owner if the latter is agreeable to such a course. If the residential portion of the building is occupied by the family of an officer, even after his transfer from the station or if the officer stores his personal effects in the portion even after his transfer he is liable to pay the full rent for the portions of the building till it is completely vacated by him.

[240-A.(a) Office accommodation may be hired for the P.W.D. if no Government building is available. In the case of accommodation for his office or far any of the subordinate offices of his department, the Chief Engineer can sanction rent uptp Rs. 2,500/- per month in each case, when accommodation is provided in separate building. When accommodation is provided in a building partly used as private residence, the Chief Engineer can sanction rent proportionate to the extent of the main building set solely for office use, subject to a maximum of the half the rent of the house or Rs- 1,250/- a month, whichever is less. In the case of office accommodation for Executive Engineer, the Superintending Engineer, may sanction rent of a building upto a maximum of Rs. 600/- per month and upto Rs. 300/- for Sub-divisional Officer's Office, any higher rent being sanctioned by the Chief Engineer or by Government, as the case may be-Any Executive Engineer may sanction the hiring of office accommodation for 3 Sub-divisional Officer upto the limit of Rs.200/- per month in each case any higher in rent being sanctioned by the higher authority competent to sanction.

(b)When an Executive Engineer or a Sub-divisional Officer, for whose office no accommodation is provided in buildings owned or leased by Government provides office accommodation in a privately rented residence, be may under the orders of the Superintending Engineer in the case of an Executive Engineer and Executive Engineer in the case of Sub-divisional Officer draw in his contingent bills office rent proportionately to the extent of the main building set aside solely for office use not exceeding half the rent of the house, This is further subject to a maximum ofRs. 600/- in the case of an Executive Engineer and Rs. 200/- in the case of a Sub-divisional Officer. In according such sanctions, the Superintending Engineer or the Executive Engineer, as the case may be, must certify that no Government building is available and that no suitable separate building can be hired for the purpose at a less cost].[Submitted by G.O.Ms.No. 265, R&B(C])Dept.,Dt.2]-7-1982]

(c)If the house is a Government building, the rent to be paid by the occupant should be calculated under Paragraph 263.

(d) In the case of leased buildings, the lease should distinctly show whether the municipal tax is payable by the lease in addition to the rent or by the lessor himself. If it is the local rule or custom for the taxes to be paid by the lessee, then the tax for the entire building will be paid by Government; if a portion of the building is occupied by the officer

as residence, then he should pay the share of such tax corresponding to the share of the net payable by him and Government should be debited with the difference. In the case of Government buildings, the entire tax wilt be paid by Government - vide also Para 250.

(e) In the case of private buildings taken on lease for office accommodation no lease deeds are necessary in case where the lease is for a period not exceeding a year and the amount of rent is Rs. 50 per mensem and below. In such cases, consent letter should be obtained from the owners as to the quantum of rent and period of lease with a provision that the Government officer may vacant the building after giving a months notice. In all other cases where the period for house is more than one year and or the rate of rent is above Rs. 50 per mensem, lease deed should be taken as usual but no stamp duty need be levied.

(f) In case of a Sub-divisional Office, the following conditions also apply :—

(i) In calculating the accommodation set apart for office purposes, no allowance should be made for a separate room, apart from the office,to be occupied by the Sub-divisional Officer.

(ii) The Sub-divisional Officer's immediate superior must certify both as to the adequacy of the accommodation provided for the office and its suitability.

Note 1 :—The rules in Paragraph 240 do not apply to the hiring of accommodation for the storage of Government materials obtained for the execution of specified work. Such payment should be provided in the estimate for sanction by the competent authority.

Hate 2 :—The above powers are delegated subject to the following conditions : (1) The accommodation should be as per the scale prescribed.

(2) Reasonableness of rent certificate should be obtained.

(3) Availability of budget provision.

241. In the case of Section Officers, the Superintending Engineer and the Executive Engineer may sanction the hiring of office accommodation upot a maximum of Rs. 75/-and Rs.- 50/- p.m. respectively. Any higher rent being sanctioned by the higher authority competent [Subs. By G.O.Ms.no. 265, Tr.Rsd &Buildings (CI) Dt.. 21-7-1982]

242. In cases where office accommodation is to be provided in a building partly used as the Section Officer's residence, conditions similar to those in clauses (b) and (e) under Paragraph 240 will apply and the rent to be paid by Government will be limited to half the actual rent of the building subject to a maximum of Rs 10/-

V. Renting of Buildings

243. It is the duty of the Executive Engineer to endeavour to get tenants for public buildings not immediately required for Government use. They should generally be felt from month to month, but a lease may be given with the Chief Engineer's sanction- A clause in the agreement should be added, when necessary, to, enable the Executive Engineer to terminate the lease at short notice in case the building is required by Government.

244. Rent should be recovered from local bodies with office accommodation in Government buildings - see Paragraph 275.

A Zilla Parishad occupying a Government building must provide its own record racks at its own cost, but may ask the Superintending Engineer concerned to render it any

necessary assistance.

118 A.P. PUBLIC WORKS DEPARTMENT CODE

Note 1'.—Expenditure on additions and alterations to buildings occupied by local bodies should not be incurrect without the specific sanction of Government.

Note 2 :- Zilla Parishads which have not exercised the option of buying up record-rack formerly fixed in such buildings by Government, are required to pay rent, the cw of the racks being included in the capital cost of the building or the0 portion thereof occupied by the Zilla Parishads.

Note 3 :—It is not necessary to sanction data statements for calculating the rent of buildings