GOVERNMENT RESIDENCES (CHANDIGARH ADMINISTRATION CITCO POOL) ALLOTMENT RULES, 2015

PREAMBLE

In exercise of the power conferred by Rule 45 of the Fundamental Rules, the Central Government hereby makes the following Rules for the allotment of Government Residences belonging to the pool of the Chandigarh Industrial & Tourism Development Corporation, Chandigarh, namely:

Rule - 1. Short title and application.

(1)     These rules may be called the Government Residences (Chandigarh Administration CITCO Pool) Allotment Rules, 2015.

(2)     They shall come into force with immediate effect.

Rule - 2. Definitions-

In these rules, unless the context otherwise requires:

(a)      'Adjoining Urban Estate' means any area declared by the state of the Punjab or Haryana to be an urban estate under sub-section (1) of section 3 of the Punjab Urban Estates (Development and Regulation) Act, 1964 (Punjab Act No. 22 of 1964) and situated within ten kilometres from the boundaries of the Chandigarh viz. Mohali or Panchkula.

(b)      "Administrator" means the Administrator of the Union Territory of Chandigarh.

(c)      "Allotment" means the grant of the licence to a CITCO employee to occupy a house or a portion thereof owned, leased or requisitioned by the Government, for use by him as residence.

(d)      "Allotment Year" means the year beginning on 1st April or such other period as may be notified by the Administrator, Union Territory, Chandigarh.

(e)      "Chairman" means the Chairman of the House Allotment Committee, CITCO Pool houses.

(f)       "Chandigarh" means the areas within the limits of the Union Territory of Chandigarh.

(g)      "Committee" means the House Allotment Committee governing CITCO Pool houses, as the case may be.

(h)     "Eligible Employee" means a regular employee of the CITCO or a regular employee of Chandigarh Administration, working on deputation with the Chandigarh Industrial & Tourism Development Corporation, Chandigarh":

Provided that officers/officials holding additional charge of a post in CITCO at Chandigarh and having substantive charge in other office will not fall within the expression "Eligible Office".

(i)       "Emoluments" means the emoluments as defined in FR-9(21)(a)(ii) i.e. only basic pay and no grade pay or other allowances are to be taken into account.

Explanation: In the case of the an officer who is under suspension, the emoluments drawn by him on the first day of the allotment year in which he is placed under suspension or, If he is placed under suspension on the first day of the allotment year, the emoluments drawn by him immediately before that date shall be taken as his emoluments.

(j)       "Family" means the wife or husband, as the case may be, parents, children, adopted children, step children, brothers and sisters, as ordinarily residing with the Government employee.

(k)      "Government" means the Administrator, Union Territory, Chandigarh.

(l)       "House" means a building or part thereof used for residential purposes and situated within the territorial limits of Chandigarh or of any adjoining urban estates.

(m)    "Licence Fee" means the sum of money payable on monthly basis in respect of a residence of CITCO pool allotted under these rules.

(n)     "Priority Date" of an employee in relation to a type of residence to which he is eligible under the provisions of these rules means the date from which he is holding the post in the Chandigarh Industrial & Tourism Development Corporation, Chandigarh, in respect of Type 9 (old) to Type 13 (old), Type I (New) to IV (New); and earliest date from which he has been continuously drawing emoluments in a post under the Chandigarh Industrial & Tourism Development Corporation, Chandigarh:

Provided that inter se seniority of the officers shall be determined on the basis of the date on their becoming eligible for a particular type of house:

Provided further that where the priority date of two or more employees is the same the seniority amongst them shall be determined on the basis of the emoluments drawn by them on:

Provided further that where the priority date of two or more employees is the same the seniority amongst them shall be determined on the basis of the emoluments drawn by them on the date of their becoming eligible for a particular type, the employee in receipt of higher emoluments taking precedence over the employee in receipt of lower emoluments; and where the emoluments are equal, on the basis of their length of service and where the services is also equal on the basis of age, the older person taking precedence over the younger:

Provided further that the priority date in respect of an employee shall be maintained at a time for one particular type of residence only:

Provided further that the priority date in respect of a retired employee shall be reckoned from the date of his/her employment in an eligible office for allotment of government residence as per his/her entitlement/eligibility for the said purpose, such retired employee has to apply a fresh and also to vacate the house, if any, already under his/her occupation immediately on the expiry of permissible period of retention as provided under rule SR-317-AM-13.

(o)      "Residence" means a building or a part thereof used as a unit for residence for the time being under the administrative control of the Chandigarh Industrial & Tourism Development Corporation, Chandigarh.

(p)      "Secretary" means a Member Secretary, House Allotment Committee, CITCO pool houses.

(q)      "Subletting" means letting out and includes sharing of the whole or any part of the residence by an allottee with another person with or without payment of rent by such person.

Explanation: Any sharing or accommodation by an allottee with the members of his family and close relations shall not be deemed to be subletting so long as the CITCO employee is not disqualified from retaining the residence allotted to him.

(r)      "Temporary Transfer" means a transfer which involves an absence from Chandigarh for a period not exceeding six months.

(s)      "Type" in relation to an employee means the type of residence for which he is eligible under rule 5.

Rule - 3. Allotment to Husband and wife and, eligibility in case of officers who are married to each other.

(1)     No CITCO employee shall be allotted a residence under these rules unless the wife or the husband, as the case may be, of the CITCO employee who has already been allotted a residence before the date of issuance of these rules, surrenders it before the date of issuance of these orders:

Provided that this rule shall not apply where the husband and wife are residing separately in pursuance of an order for judicial separation made by any court.

(2)     Where two CITCO employees in occupation of separate residence allotted under these rules, marry each other they shall, within one month of the marriage, surrender one of the residences.

(3)     Where a residence is not surrendered as required by sub-rule (2), the allotment of the residence of the lower type shall be deemed to have been cancelled on the expiry of such period and if the residences are of the same type, the allotment of either of them, shall be deemed to have been cancelled on the expiry of such period, as the Secretary, House Allotment Committee may decide.

(4)     Where both husband and wife are employed in the eligible office, the entitlement of each of them to allotment of a residence under these rules shall be considered independently.

(5)     Notwithstanding anything contained in sub-rules (1) to (4) above:

(a)      If a wife or husband, as the case may be, who is of an allottee of a residence under these rules, is subsequently allotted a residential accommodation at the same Station from a pool to which these rules do not apply, she or he, as the case may be, shall surrender any one of the residence within one month of such allotment:

Provided that this clause shall not apply where the husband and wife are residing separately in pursuance of an order of judicial separation made by any court.

(b)      Where two officers, in occupation of separate residences at the same Station, one allotted under these rules and another from a pool to which these rules do not apply marry each other, any one of them shall surrender any one of the residences within one month of such marriage.

(c)      If a residence is not surrendered as required under clause (a) or (b) above, the allotment of the residence in the CITCO Pool shall be deemed to have been cancelled on the expiry of such period.

Rule - 4. Employees owning houses to be ineligible for allotment under these Rules.

(1)     No employee shall be eligible for allotment of Government residence under these rules if he or his spouse or any of his dependant children owns a house at Chandigarh, or at the adjoining urban estates of Panchkula or NAC Naya Gaon, Zirakpur, Kharar, Mohali, unless he is willing to pay double the normal licence fee:

Provided that this rule shall not apply to the employees living in the earmarked residences.

(2)     If on the coming into force of these rules, an employee who is already in occupation of CITCO residence and his spouse or any of his dependent children owns a house at Chandigarh or the adjoining urban estates of Panchkula or NAC Naya Gaon, Zirakpur, Kharar, Mohali, he shall surrender the CITCO Pool residence in his occupation within a period of two months.

(3)     Where an employee to whom sub-rule (2) is applicable, does not surrender the Government residence as required, he shall be liable to pay damages for use and occupation of the residence equal to double the normal licence fee from the date on which he is required to surrender the Government residence till the date he actually surrenders it.

(4)     Where after a CITCO Pool residence has been allotted to a CITCO Employee and he/ she or his spouse or any of his dependent children constructs or otherwise becomes the owner of a house at Chandigarh or at the adjoining urban estates of Panchkula or NAC Naya Gaon, Zirakpur, Kharar, Mohali, he/she shall notify the fact to the Secretary within a period of four weeks from the date on which he or such member becomes the owner of the house or completes the construction thereof and he shall, thereafter, be governed by the provisions of sub-rules (1) to (3).

Explanation: A person shall be deemed to become the owner of a house, in the case of a newly constructed house, as from the date the Estate Officer concerned gives a certificate of completion in relation to the house or the date of actual occupation of the house, whichever is earlier.

Rule - 5. Classification of residences for allotment.

(1)     Save as otherwise provided in these rules, a CITCO employee shall be eligible on the basis of the emoluments/post, for allotment of a residence of the type shown in the table of Annexure-I attached to these rules. Entitlement for the different categories of house shall be determined by the Administrator, Union Territory, Chandigarh from time to time, keeping in view the change in the emoluments/post or otherwise in consultation with the House Allotment Committee (Upper).

(2)     A CITCO employee shall have the option to apply for the type of residence to which he is entitled on the basis of his earlier emoluments and post held by him in CITCO.

Rule - 6. Earmarked Residences of CITCO Pool.

(1)     There shall be earmarked houses of the officers of CITCO, as may be determined by the Chairman, House Allotment Committee, CITCO Pool houses. The outgoing incumbents will have to vacate these houses within one month of the expiry of their term so that these can be made available to the next incumbent.

(2)     All residential buildings which have not been earmarked for any particular class of CITCO Employees, shall form part of the CITCO Pool houses. These residences shall be allotted to eligible CITCO employees by the House Allotment Committee, CITCO Pool Houses.

(3)     There shall be House Allotment Committee and the constitution of the Committee shall be as under:

House Allotment Committee, CITCO Pool houses.

(i)       Managing Director, CITCO, Chairman.

(ii)      Chief General Manager, CITCO, Secretary/Member Secretary

(iii)     General Manager (F&A)/Chief Accounts Officer, Member

(iv)    Company Secretary, Member.

(4)     The House Allotment Committee shall meet as often as it may be required.

(5)     The house of type 9 (old) to type-13 (old) and types I to IV (New) shall be within the purview of the House Allotment Committee, CITCO Pool.

Rule - 7. Controlling Authority.

(1)     The Managing Director, Chandigarh Industrial & Tourism Development Corporation, Chandigarh shall be the coordinating and controlling authority in respect of residences belonging to the CITCO Pool.

(2)     The allotment of all residences belonging to CITCO Pool shall be made strictly in accordance with the provisions of these rules.

Rule - 8. Procedure for inviting application for allotment.

(1)     The House Allotment Committee shall invite applications for allotment of houses in Form "A" for various categories of residences in its meeting to be held in the month of December every year.

(2)     The last date for the receipt of applications shall be after 15 days from the date of issue of letters as stated in (i) above. No application shall be entertained after this date.

(3)     After the receipt of applications for allotment of CITCO Pool houses in Form "A", the same shall be consolidated seniority wise.

(4)     A tentative seniority list of applicants of different categories of house shall be prepared and copies thereof shall be displayed on the Notice Board of the office. Copies of tentative seniority list shall also be sent to all Heads of various Units of CITCO for inviting claims and objections, if any. The claims and objections, if any, shall be filed within 10 days from the date of issue of the tentative seniority list. Objections received, thereafter, shall not be entertained.

(5)     Final seniority list shall be prepared after examining the objections and shall be approved by the Managing Director, CITCO. Thereafter, final seniority list shall be displayed at the Notice Board and the copies shall be circulated to all Heads of various Units of CITCO.

(6)     The seniority list shall be reviewed and revised every year. The names of all the applicants of the old seniority lists shall be carried forward while preparing the fresh seniority lists, in future:

Provided that if the Managing Director, CITCO considers that the previously drawn seniority list is likely to be exhaust, it may invite fresh applications. However, the new seniority list shall not be operative till the previous seniority list is exhausted, provided the previous seniority list is not more than 6 months old.

Rule - 9. Allotment of Residences.

Save as otherwise provided in these rules, when a residence falls vacant, it will firstly be allotted to an applicant desiring a change of accommodation to that type under the provisions of rule 17 and if not required for that purpose to an applicant having the earliest priority date for that type of residence, subject to the condition that a residence of a type higher than that for which the applicant is eligible under rule 5 shall not be allotted and he shall also not be compelled to accept a residence of a type lower than that for which he is eligible under rule 5.

Rule - 10. Out of Turn Allotment.

The House Allotment Committee may allot a house on out of turn basis in the following cases:

(a)      Retirement of CITCO Employee:

(i)       When a CITCO employee in occupation of a CITCO Pool residence, retires on medical ground or is compulsory retired, before the age of 55 years, his/her members of the family who were already in service with CITCO shall also be entitled to the allotment of CITCO Pool accommodation of the entitled category under the aforementioned rule.

(ii)      When a CITCO employee in occupation of CITCO Pool retires on attaining the age of superannuation, the same residence may be transferred in the name of the spouse subject to the condition that such spouse is working in CITCO and is entitled to the said type of accommodation. However, in case the spouse is not entitled to the said type, he/she may be made an allotment as per his/ her entitlement:

Provided that such spouse shall not be allotted accommodation under this sub-rule of a type higher than the type already in occupation of the retiree even though the applicant may be entitled to such higher type.

(b)      Vacation of earmarked house by CITCO employee:

When a CITCO employee in occupation of earmarked accommodation of the CITCO Pool ceases to hold the post for which the said accommodation is earmarked, he shall be allotted a house of his entitled category under this sub-rule subject to the condition that the employee continues to be posted in CITCO:

Provided that if the house of entitled category is not available, he shall be allotted a house of category below entitlement.

(c)      Vacation of house of higher category by CITCO employee:

Where a CITCO employee to whom a house of higher category had been allotted, who is otherwise not entitled for that category he/she shall be liable to vacate the said house immediately. However, he/she shall have the option for out of turn allotment of the entitled category on payment of normal licence fee.

Rule - 11. Non-acceptance of allotment or failure to occupy the allotted residence after acceptance.

(1)     Where a CITCO employee fails to accept the allotment of a residence or fails to take possession of that residence, within 14 days of the date of issue of the letter of allotment, he shall not be eligible for another allotment for a period of one year from the date of issue of the allotment letter.

(2)     Where a CITCO employee applying under Rule 8 and occupying a lower type of residence is allotted or offered a residence of the type for which he is eligible under Rule 5, he may, on refusal of the said allotment or offer of allotment, be permitted to continue in the previously allotted residence on the following conditions, namely:

(a)      That such a CITCO employee shall not be eligible for another allotment for a period of one year from the date of issue of allotment letter of the higher type.

(b)      While retaining the existing residence, he shall be charged the same licence fee as he would have had to pay in respect of the residence, so allotted or offered, or the licence fee payable in respect of the residence already in his occupation, whichever is higher.

Rule - 12. Period for which allotment subsists and concessional period for further retention.

(1)     An allotment shall be effective from the date on which it is accepted by the CITCO employee and shall remain in force until:

(i)       the expiry of the concessional period mentioned in column 2 of the Table given in sub-rule (2);

(ii)      it is cancelled or is deemed to have been cancelled under these rules;

(iii)     it is surrendered by the CITCO employee; or

(iv)    the employee ceases to occupy the residence.

(2)     A residence allotted to a CITCO employee may, subject to sub-rule (3), be retained on the happening of any of the events specified in column I, of the Table below for the period specified in corresponding entry in column 2 thereof.

TABLE

(3)     A CITCO employee who has retained the residence by virtue of the concession under event (1) of the Table in sub-rule (2), shall on or reinstatement, as the case may be, in an eligible office within the period specified in the said Table, be entitled to retain that residence and shall also be eligible for any further allotment or residence under these rules.

Rule - 13. Provisions relating to licence fee.

(1)     Where an allotment of accommodation or alternative accommodation has been accepted, the liability for licence fee shall commence from the date of occupation or the fifteenth day from the date of issue of the allotment order, whichever is earlier.

(2)     Where a CITCO employee who after accepting the allotment, fails to take possession of the accommodation within fourteen days of the issue of the allotment order, he shall be charged licence fee from 14th days of allotment letter for a period of one month or till the date on which the new allottee takes possession of the said accommodation, whichever is earlier.

(3)     Where a CITCO employee, who is already in occupation of a residence, is allotted another residence and he occupies the new residence, the allotment of the former residence shall be deemed to have been cancelled from the date of occupation of the new residence. He may, however, retain the former residence on payment of normal licence fee upto 10 days for shifting:

Provided that if the former residence is not vacated within 10 days as provided in sub-rule (3) above, the employee shall be liable to pay penal rent at the rate of twenty times the normal licence fee for the entire period from the date he takes possession of the new residence to the date of vacation of the old residence.

Rule - 14. Personal liability of CITCO employee for payment of licence fee till the vacation of residence.

A CITCO employee to whom a residence has been allotted shall be personally liable for the payment of the licence fee thereof and for any damages beyond usual wear and tear caused thereto, or to the furniture, fixtures or fittings or services provided therein by the CITCO during the period for which the residence has been and remains allotted to him or, where the allotment has been cancelled under any of the provisions of these rules, until the residence along with the out-house appurtenant thereto have been vacated and full vacant possession thereof has been restored to the CITCO.

Rule - 15. Surrender of allotment and period of notice.

(1)     A CITCO employee may at any time surrender an allotment by giving intimation so as to reach the Secretary, at least fourteen days before the date of vacation of the residence. The allotment of the residence shall be deemed to have been cancelled with effect from the fifteenth day after the day on which the letter is received by the Secretary or the date specified in the letter, whichever is later. If he fails to give due notice, he shall be responsible for payment of licence fee for fourteen days or the number of days by which the notice given by him falls short of the period specified above:

Provided that the Secretary may accept a notice for shorter period, in exceptional circumstances.

(2)     A CITCO employee, who surrenders the residence under sub-rule (1), shall not be considered again for allotment of CITCO Pool House for a period of one year from the date of such surrender.

Rule - 16. Change of Residence.

(1)     A CITCO employee to whom a residence has been allotted under these rules, may apply to the Secretary, House Allotment Committee. CITCO Pool Houses for a change to another residence of the same type or a residence of the type to which he is eligible under rule 5 and 9, whichever is lower. Not more than one change will be allowed in respect of one type of residence allotted to a CITCO employee.

(2)     A CITCO employee, who intends to change the accommodation already allotted to him shall make an application to the Secretary for such change of residence in Form B appended to these rules. After acceptance, the name of the applicant shall be included in the waiting list to be maintained for the purpose. The inter-se seniority of the applicants so included shall be determined on first-come-first-served basis.

(3)     Change shall be offered in the order of seniority determined in accordance with sub-rule (2) above, having regard to the employee's preference to the extent possible:

Provided that no change of residence shall be allowed during the period of six months immediately preceding the date of superannuation or within one year of allotment:

Provided that a CITCO employee may be allowed a change of residence on priority on the death of any member of his family if he applies for such change within one year of such occurrence:

Provided that the change will be given in the same type of residence and no change shall be allowed from old types of residences to the new types of residence and vice versa:

Provided the CITCO employees, to whom residences of the same type have been allotted under these rules, may apply for permission of mutual exchange in Form C appended to these rules and mutual exchange of residences may be allowed. No mutual exchange of residence shall be allowed during the period of 2 years immediately preceding the date of superannuation or within two years from the date of allotment. Not more than one mutual exchange shall be allowed of the type of house under the occupation of the applicant.

(4)     A CITCO employee, who fails to accept a change of residence offered to him within twenty one days of the issue of allotment letter shall not be considered again for a change of residence of that type.

(5)     A CITCO employee, who after accepting a change of residence fails to take possession of the same, shall be charged licence fee for such residence in accordance with the provisions of rule 13 in addition to the normal licence fee for the residence already in his possession, the allotment of which shall continue to subsist.

Rule - 17. Maintenance of Residence.

A CITCO employee to whom a residence has been allotted, shall maintain the residence and premises to the satisfaction of the Public Works Department of Chandigarh Administration. Such CITCO employee shall not grow any tree, shrubs or plants contrary to the instructions issued by the Government nor cut or lop any existing trees or shrubs in any garden, courtyard or compound attached to the residence save with the prior permission in writing of the Public Works Department of the Chandigarh Administration. Trees, Plantation or vegetation grown in contravention of this rule may be caused to be removed by the Executive Engineer, Horticulture, Engineering Department, Chandigarh Administration at the risk and cost of the CITCO employee concerned. The house allotted to a CITCO employee shall be used by the allottee as a bona fide residence and shall not be kept locked/closed/unoccupied for a period of not more than two months continuously.

Rule - 18. Subletting and sharing of residence.

(1)     No CITCO employee shall share the residence allotted to him or any of the out-houses, garages and cow-sheds appurtenant thereto, except with the members of his family and closed relations:

Provided that the Committee may, for the reasons to be recorded in writing, allow a CITCO employee to share the residence with another person in exceptional circumstances for a period not exceeding six months at a time but not exceeding one year in the aggregate.

(2)     No CITCO employee shall sublet the whole or any part of his residence but a CITCO employee proceeding on leave or training as the case may be, may accommodate in the residence any other CITCO employee eligible for the allotment of CITCO Pool House as a caretaker for the period specified in the corresponding entry in column 2 of point no. (iii) of sub rule (2) of rule 12 with the prior permission of the Secretary. In the event of such arrangement, the licence fee shall be payable by both the CITCO employee to whom the residence is allotted.

Rule - 19. Consequences of breach of Rules and Conditions.

(1)     Where a CITCO employee to whom a residence has been allotted:

(a)      sublets the residence; or

(b)      erects any unauthorized structure or makes any structural alternations in any part of the residence; or

(c)      uses the residence or any portion thereof for any purpose other than that for which it is meant; or

(d)      tampers with the electric or water connections; or

(e)      uses the residence or premises or permits or suffers the residence or premises to be used for any purposes which the Secretary considers to be improper; or

(f)       has knowingly furnished incorrect information in any application or written statement with a view to securing the allotment; or

(g)      commits any other breach of the rules or the terms and conditions of the allotment letter,

The Secretary, without prejudice to any other disciplinary action that may be taken against him, may cancel the allotment of the residence after giving a Show cause notice to the allottee and after considering the reply, if any, submitted by the allottee.

(2)     Where action to cancel the allotment is taken on account of any breach of rules as mentioned in sub-rule (1) above, a period of fifteen days shall be allowed to the allottee to vacate the premises. The allotment shall be cancelled with effect from the date of vacation of the premises or on the expiry of the period of fifteen days from the date of notice, whichever is earlier.

(3)     Where the allotment of a residence is cancelled or deemed to have been cancelled under sub rule (1), the CITCO employee shall be charged penal rent at the rate of fifty times the normal licence fee from the date of cancellation of the allotment or proven date of subletting, whichever is earlier. Further, the CITCO employee shall be liable for the disciplinary action by his employer under the relevant Conduct Rules, in addition to the charging of penal rent and he/she shall also not be entitled for another allotment of government residence during his entire service period.

Rule - 20. Overstay in residence after cancellation of allotment.

Where after an allotment has been cancelled or is deemed to have been cancelled under any of the provisions of these rules, the residence remains or has remained in occupation of the CITCO employee to whom it was allotted, beyond the stipulated period of 15 days, such employee shall be liable to pay damages for use and occupation of the residence, service, furniture and garden charges equal to fifty times the normal licence fee.

Rule - 21. Interpretation of Rules.

If any question arises as to the interpretation of these rules, it shall be decided by the Managing Director, Chandigarh Industrial & Tourism Development Corporation, Chandigarh, whose decision shall be final and conclusive. He, may, further issue instructions or frame any guidelines for the proper implementation of these rules as he may deem fit from time to time.