GOVERNMENT RESIDENCES (CHANDIGARH ADMINISTRATION GENERAL POOL) ALLOTMENT RULES, 1996

PREAMBLE

In exercise of the power conferred by Rule 45 of the Fundamental Rules, the Central Government hereby makes the following further amendments to supplementary Rules regularizing the allotment of Government Residences belonging to the pool of the Chandigarh Administration in Chandigarh, namely:

Rule - 1. Short title and application.

(1)     These rules may be called the Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996.

(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 with in ten kilometers 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 Government 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 Upper or Lower, as the case may be.

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

(g)      "Committee" means the House Allotment Committee Upper or Lower, as the case may be.

(h)     "Eligible Employee" means an employee of the eligible office of the Government of Punjab, Government of Haryana, Chandigarh Administration or of Punjab and Haryana High Court working on regular basis in an eligible office or on foreign service having posting with substantive charge at Chandigarh, Panchkula or Mohali as long as he retains lien on a post in an eligible office, Mayor of the Municipal Corporation as also the employees of the Chandigarh Administration transferred to the Municipal Corporation, Chandigarh, Chairman/President/Member of various Commissions/Boards/Consumer Forums etc. set up by the States of Punjab and Haryana, Chandigarh Administration, who are employed on full time basis and are getting their salary from the consolidated Fund, and if employed on contractual basis their contractual period is not less than three years".

(i)       "Eligible Office" means an office of the Governments of Punjab, Haryana, Chandigarh Administration and Punjab and Haryana High Court located at Chandigarh, Panchkula or Mohali, the staff of which has been declared by the Chandigarh Administration to be eligible for accommodation under these rules, Office of the Municipal Corporation, Chandigarh in respect of the employees of the Chandigarh Administration transferred to Municipal Corporation, Chandigarh, Chairman/President/Member of various Commissions/Boards/Consumer Forums etc. set up by the States of Punjab and Haryana, Chandigarh Administration, who are employed on full time basis and are getting their salary from the consolidated Fund, and if employed on contractual basis their contractual period is not less than three years" and Chief Ministers/Ministers/Deputy Ministers/Leaders of opposition of Punjab and Haryana Government for houses in the Chief Ministers pool only.

Provided that the employees of those departments of the Union Territory Administration, who have their own departmental pool, shall not entitled for the allotment of houses from Chandigarh Administration Pool.

Provided that officers/officials holding additional charge of a post at Chandigarh and having substantive charge outside Chandigarh, Mohali or Panchkula will not fall within the expression "Eligible Office".

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

Explanation: In the case of 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.

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

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

(m)    "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.

(n)     "Licence Fee" means the sum of money payable monthly in respect of a residence allotted under these rules.

(o)      "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 under the Chandigarh Administration, High Court of Punjab and Haryana or a State Government or on foreign service except for the period of leave without pay as the case may, in respect of Type 3 (old) to Type 13 (old), Type I (New) to V(New) Duplex Type and Type VI (New) Houses; and earliest date from which he has been continuously drawing emoluments in a post under the Chandigarh Administration or a State Government or on foreign service, except for periods of leave without pay in respect of Type V (New) Flat Type accommodation:

Provided that inter se seniority of the officers shall be determined of 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 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.

(p)      "Residence" means a building or a party there of used as a unit of residence for the time being under the administrative control of the Chandigarh Administration.

(q)      "Secretary" means a Secretary, House Allotment Committee, Upper or Lower, as the case may be.

(r)      "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 government employee is not disqualified from retaining the residence allottee to him.

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

(t)       "Transfer" means transfer from Chandigarh to any other place except Mohali and Panchkula or from an eligible office to an ineligible office in Chandigarh, Mohali and Panchkula.

(u)     "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, eligibility in case of officers who are married to each other.

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

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 government employees is 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 title 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 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 with in 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 Chandigarh Administration General 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 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 already in occupation of Government residence, his spouse or any of this dependant children, owns a house at Chandigarh or the adjoining urban estates of Panchkula or Mohali, he shall surrender the Government residence in his occupation within a period of two months. However, he will have the option to retain the same on the payment of double the normal licence fee.

(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.

(4)     Where after a Government residence has been allotted to an employee, he or his spouse or any of his dependant children constructs or otherwise becomes the owner of a house at Chandigarh or at the adjoining urban estates of Panchkula or Mohali 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 (4).

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 his earlier.

Rule - 5. Classification of residences for allotment.

(1)     save as otherwise provided in these rules, a Government employee shall be eligible on the basis of the emoluments/designation, 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/designation or otherwise in consultation with the House Allotment Committee (Upper).

(2)     A government employee shall have the option to apply for the type of residence to which he has been entitled on the basis of his emoluments/post on the earliest date, since when he has served in an office of the government of Punjab, Haryana and Chandigarh Administration or the higher type he may have become eligible at any time thereafter.

Rule - 6. Maintenance of Transit Accommodation Pool.

(1)     Notwithstanding anything contained in these rules, there shall be a transit accommodation pool consisting of (a) Type-V (New) Flat type residence in sector-19, and (b) Officers apartments in Sector-24.

(2)     Residences of Type V(New) Flat type in Sector-19 shall be allotted to the eligible officers of the All India Services, State Civil Services (Executive and Judicial and Head of Departments.), Members of the Haryana Public Service Commission, Chandigarh.

(3)     Officers Apartments in Sector-24 shall be allotted to the eligible officers of Class I/Group-A and above, whose services are transferable outside Chandigarh. 12 two rooms apartments in Sector 24, Chandigarh shall be allotted to the officers of Class-I/Group-A and above, who are employees of such Government/Semi Government Organizations which are not covered under the definition of eligible office under Rule SR-317-AM-2 of the Govt. Residences (Chandigarh Administration General Pool) Allotment Rules, 1996.

(4)     The inter se-seniority of the officers for allotment of transit accommodation shall be determined on the basis of the date since when he has been serving in an office of Government of Punjab, Haryana and Union Territory, Administration.

(5)     Officer occupying transit accommodation pool residence shall also be entitled to allotment of a residence of the entitled category from the Chandigarh Administration General Pool. On allotment of residence of entitled category, transit accommodation shall have to be vacated.

Rule - 7. Chandigarh Administration Pool of Residences.

(1)     There shall be earmarked houses for Chief Secretaries to the Governments of Punjab and Haryana, Adviser to the Administrator, Union Territory, Chandigarh, Principal Secretaries to the Chief Ministers of Punjab and Haryana, Director General of Police (Head of State Police force) Punjab and Haryana, Inspector General of Police, Deputy Commissioner and Senior Superintendent of Police of Union Territory Administration, Judicial Officers and other category of officers, as may be determined by the Administrator Union Territory, Chandigarh from time to time in consultation with the House Allotment Committee(Upper).

The House Allotment Committee(Upper) in its meeting held on 7.5.98 decided that the Registrar, High Court informed that Sh. Darshan Singh, CJM, has already moved into private accommodation. The Committee approved the proposal that as a Policy in case of these officers (Judicial Officers working in the District Courts Chandigarh) who are occupying earmarked accommodation, transit accommodation may be offered for a period of 6 months which is the normal retention period under rules, in such cases where a request for retention of earmarked accommodation is received.

(2)     All residential buildings which have not been earmarked for any particular class of Government employees by designation or have not been allocated to any particular Department, shall from part of the Chandigarh Administration General Pool. These residences shall be allotted to eligible Government employees by the House Allotment Committee Upper or Lower, as the case may be.

(3)     There shall be two House Allotment Committees i.e. House Allotment Committee,(Upper) and House Allotment Committee (Lower). The constitution of these Committees shall be as under:

House Allotment Committee(Upper).

(i)       Administrator, Union Territory, Administration Chairman.

(ii)      Chief Secretary to Government, Punjab or His representative. Member.

(iii)     Chief Secretary to Government, Haryana or His representative. Member.

(iv)    Adviser to the Administrator, Union Territory, Chandigarh. Member.

(v)      Registrar, Punjab and Haryana High Court. Member.

(vi)    Administrative Secretary, House Allotment, Union Territory, Chandigarh. Member Secretary.

House Allotment Committee (Lower).

(i)       Adviser to the Administrator, Union Territory, Chandigarh. Chairman.

(ii)      A nominee of the Government of Punjab. Member.

(iii)     A nominee of the Government of Haryana. Member.

(iv)    Administrative Secretary, House Allotment Union Territory, Chandigarh. Member.

(v)      Additional Registrar, Punjab and Haryana, High Court. Member.

(vi)    Assistant Estate Officer, Union Territory, Chandigarh. Member Secretary.

(4)     The House Allotment Committee (Upper) shall meet as often as it may be needed but at least one in a period of two months and House Allotment Committee (Lower) at least once in a months in the first week of the month.

(5)     The house of type 3 to 9 (old) and Type V and VI (New) shall be within the purview of the House Allotment Committee (Upper) whereas the houses of Type 10 to 13 (old) and Types I to IV (New) shall be within the purview of the House Allotment Committee (Lower).

Rule - 8. Controlling Authority.

(1)     The Administrator, Union Territory, Chandigarh shall be the coordinating and controlling authority in respect of residences belonging to the Chandigarh Administration. He may, from time to time, add any residence to the Chandigarh Administration General Pool, or withdraw from it for the purposes of allotment of any class or category of eligible Government employees, Mayor of the Municipal Corporation as also the employees of the Chandigarh Administration transferred to Municipal Corporation, Chandigarh, Chairman/President/Member of various Commissions/Boards/Consumer Forums etc. set up by the States of Punjab and Haryana, Chandigarh Administration, who are employed on full time basis and are getting their salary from the consolidated Fund, and if employed on contractual basis their contractual period is not less than three years" and Chief Ministers/Ministers/Deputy Ministers/Leaders of opposition of Punjab and Haryana Government for the houses in the Chief Ministers Pool only or change the classification of any residence on the recommendations of the House Allotment Committee(Upper).

(2)     The allotment of all Government residences belonging to Chandigarh Administration falling in different Pools shall be made strictly in accordance with the provisions of these rules.

Rule - 9. 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 Committee shall issue necessary circular as per sub-rule (1) above, to the Chief Secretaries of Punjab and Haryana and to all the Heads of Departments in the Union Territory, Administration.

(3)     The last date for the receipt of applications shall be the 31st of January of the following year. No application shall be entertained after this date.

Provided that an employee joining duty in Chandigarh on first appointment or on transfer may submit an application for allotment of Government residence to the Secretary within three months of his joining duty provided that his date of priority falls within the period specified for registration. Applications received under this proviso on or before the 20th days of a calendar month shall also be considered for allotment in the succeeding month.

(4)     Applications for allotment of houses in Form "A" in order of seniority shall be sent by the Head of Departments along with a consolidated Form "D" under his signatures, to the Secretary, House Allotment Committee. Applications sent directly to the Secretary, House Allotment Committee shall not be considered.

In the meeting of House Allotment Committee (Upper) held on 29.4.97, has decided to issue a circular in respect of higher category accommodation requesting officers to indicate only those sectors/houses which they would not like to occupy so that this aspects taken into account while making them allotments.

(5)     A tentative seniority list of applicants of different categories a house shall be prepared by 28th of February by the Secretary,

House Allotment Committee and copies thereof shall be displayed at the Notice Board of the House Allotment Committee office. Copies of tentative seniority list shall also be sent to the Chief Secretaries of Punjab and Haryana as well as Heads of the Departments concerned in the Union Territory, Administration for inviting claims and objections, if any. The claims and objections, if any, shall be filed through the Head of the Department by 20th of March. Objections received, thereafter, shall not be entertained.

(6)     Final seniority list shall be prepared after examining the objection by 31st March and shall be approved by the House Allotment Committee in its meeting to be held in the month of April. Thereafter, final seniority list shall be displayed at the Notice Board of the House Allotment Committee Office and the copies shall be circulated to the Chief Secretaries to Governments of Punjab and Haryana and the Head of Departments concerned in Union Territory, Administration.

(7)     The seniority list shall be reviewed and revised every year. In the meeting dated 25.5.2000, the House Allotment Committee (Upper) has decided to carry forward the names of all the applicants of the old seniority lists while preparing the fresh seniority lists, in future.

Provided that if the Committee 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.

(8)     There shall be combined seniority list of the employees of Punjab, Haryana and Union Territory, Administration for the allotment of Government residences.

The House Allotment Committee (Upper) in its meeting held on 24.9.97 Decided to issue a circular in respect of higher category accommodation requesting officers to indicate only those sectors/houses which they would not like to occupy so that this aspect is taken into account while making them allotments.

Rule - 10. 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 - 11. Out of Turn Allotment.

(1)     The House Allotment Committee may allot a house on out of turn basis in the following cases.

(a)      Allotment of residence to the member of the family of deceased Government employee:

When a Government employee in occupation of a Government residence dies while in service, accommodation may be allotted to his spouse, or a son, or an unmarried daughter who is already in Government service or who joins Government service within two year of the date of death of the Government employee subject to fulfillment of other prescribed conditions including that of not owning a house in Union Territory, Chandigarh, Mohali or Panchkula. No relaxation beyond a period of two years shall be permissible in any case:

Provided that such accommodation shall not be higher than the type to which such member of the family of the deceased is entitled.

Provided further that such member of the family of the deceased applying for allotment under this sub rule shall not be allotted accommodation of a type higher than the type already in occupation of the deceased even though the applicant may be entitled to such higher type.

Provided further that the employing department who have their own departmental pool, such member of the family of the deceased employee who was not in occupation of a house from the Chandigarh Administration General Pool to allot accommodation of the entitled category on out of turn basis to the dependent within their own departmental pool of accommodation and vice-versa.

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

(b)      Allotment of residence to spouse of Government employee on his transfer out of Chandigarh:

When a Government employee in occupation of Government accommodation is transferred outside Chandigarh, the same residence may be transferred in the name of his spouse subject to the condition that the spouse is working in an eligible office and is entitled to the same type of accommodation. However, in case the spouse is not entitled to the same type he/she may be allotted a residence of his/her entitlement:

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

(c)      Allotment of residence to spouse on retirement of Government employee:-

When a Government employee in occupation of government accommodation retires, the same residence may be transferred in the name of the spouse subject to the condition that such spouse is working in an eligible office 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.

(d)      Allotment of residence to Government employee vacating earmarked house:

When a Government employee in occupation of earmarked accommodation of the General 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 at Chandigarh, Panchkula or Mohali:

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

(e)      Allotment of a residence to a government employee due to functional requirements:

A government employee working in the Chandigarh Administration in its various departments on a key post may be allotted a residence of the entitled category under this sub-rule due to functional requirements of the post:

Provided that if the house of the entitled category is not available then a house of the next below category may be allotted:

Provided further that the Government employee owning house in Chandigarh, Mohali and Panchkula in his own name or in the name of his spouse or any of his dependant children shall not be entitled for allotment of residence under this sub-rule.

(f)       Allotment of a residence to a Government employee in exceptional circumstances of hardship or in public interest.

A Government employee of an eligible office may, for the reasons to be recorded in writing, be allotted a residence of one category below entitlement under this sub-rule in exceptional circumstances of hardship or in public interest.

Provided that the Government employee owning house in Chandigarh, Mohali and Panchkula in his own name or in the name of his spouse or any of his dependant children shall not be entitled for allotment of residence under this sub-rule.

(g)      Allotment of Residences to a Government employee on transfer to States of Jammu and Kashmir, Assam, Meghalaya, Nagaland, Tripura, Arunachal Pradesh and Mizoram and Union Territories of Andaman and Nicobar Islands and Lakshadweep.

A Government employee of an eligible office, already in occupation of Chandigarh Administration General Pool house of his entitled category at the time of allotment and not on the date of his transfer to State of Jammu and Kashmir, Assam, Meghalaya, Nagaland, Tripura, Arunachal Pradesh, Mizoram and Union Territories of Andaman and Nicobar Islands and Lakshadweep shall be allotted accommodation of one type below the type of accommodation in his occupation, in the same or nearby locality, in case the officers request for allotment of alternative accommodation.

(2)     Notwithstanding anything contained in these rules, not more than 10% of the houses allotted in a year under clauses (e) and (f), shall be allotted on out of turn basis. This limit shall, however, be not applicable in respect of out of turn allotments under clauses (a) to (d) of sub rule (1).

The House Allotment Committee (Upper) in its meeting held on 27.3.2003, approved the following guidelines for out of turn allotments:-

Rule 11(f) provides for out of turn allotment of Government residence to an eligible Govt. employee "in exceptional circumstances of hardship or in public interest" subject, of course, to the conditions mentioned in the proviso.

1.        Cases of Physical and mental handicap, widows, blinds, applicants or their spouses suffering from Cancer or Aids or mentally retarded, being cases of exceptional hardships warranting out of turn allotment on compassionate grounds would be considered under Rule 11(f) being covered under "exceptional circumstances of hardship".

It is made clear that the disability of the applicant/dependent of the applicant duly certified by the Medical Board of the concerned State/Chandigarh Administration, U.T., Govt. would only be considered for out of turn allotment on Medical Grounds.

2.        So far as Public interest is concerned, cases of those employees would be considered who in public interest, have to perform official duties and other such functions as would warrant out of turn allotment of Govt. accommodation. The following factors would be pertinent in this regard:

(i)       The employee should be working with a public servant whose nature of Of official responsibility and duty is such as would necessitate working beyond the normal office hours, the supervisory public servant would certify that the official for whom an out of turn allotment is being recommended by him also has to perform such official responsibility/duty which require him to work at odd hours/on holidays/beyond office hours etc. and that out of turn allotment of Govt. house is, therefore, essential in order to enable such official to discharge his duty satisfactorily.

The name of only such official should be recommended by the supervisory official who has worked with him for a period not less than 6 months continuously.

(ii)      Ten (10) recommendations each shall be made by the Punjab and Haryana Governments and Chandigarh Administration; Seven (7) recommendations shall be made by the Punjab and Haryana High Court, Chandigarh. The recommendations shall be routed through the Chief Secretary to the respective Government/Advisor to the Administrator, U.T., Chandigarh and in case of Punjab and Haryana High Court, Chandigarh, through the Registrar General. These recommendations will be considered in a year for allotment of Govt. accommodation on out of turn basis on functional requirement, in Public interest, keeping in view the comparative staff strength.

(3)     No allotment of house be made on out of turn basis on security grounds.

(4)     Such employees who are already in occupation of Govt. accommodation out of the Chandigarh Administration General Pool/department pool house/state Govt. house would not be entitled for out of turn allotment of the Chandigarh Administration General Pool.

(5)     There is provision of 10% of the houses allotted in a year to each categories on out of turn basis under Rule SR-317-AM-11(2) of Govt. Residences (Chandigarh Administration General Pool) Allotment Rules, 1996.

(6)     The number of houses allotted on out of turn category, shall not at any point of time, during the year exceed 10% of the houses allotted till that time.

For allotment to be made under sub clause (a) to (d) of rule 11, there is no restriction of 10% as per Notification No. 297, dated 2.6.97. Out of the 10% for the cases of hardship and in public interest 50% quota be reserved for physically handicapped person, widows, blind, applicants or their spouses suffering from Cancer, Aids or Mentally retarded. The cases of functional requirement and public interest be considered for out of the balance quota of 50%. This would be dependant upon the number of vacant houses arising in a year. It will be ensured that the quota is not exceeded. The requests for allotment in the cases of hardship i.e. physically handicapped persons, widows, blind applicants or their etc. shall also be routed through the Chief Secretary to Govt. Punjab/Haryana, Registrar, Punjab & Haryana High Court, Chandigarh as well as Adviser to the Administrator, Union Territory, Chandigarh. It is desirable that the facts of each case are got checked by the respective Heads before making recommendations.

The House Allotment Committee (Upper) in its meeting held on 21.4.2004 approved the Policy/guidelines for allotment of houses to the Chairman/President/Members of the Institutions like Lokpal/Human Rights Commission/Tribunal/Consumer Forums etc. The said Police/Guidelines are reproduced below:-

The matter regarding allotment of Govt. accommodation to the retired Judges and Judicial Officers who are given a Judicial or quasi-judicial assignment after retirement has been under consideration of the Chandigarh Administration for some time past and it has been decided to formulate/frame the guidelines/policy for allotment of Govt. Accommodation to retired Judges of Supreme Court/High Court including the Chief Justice who are appointed as Chairman/Member of various Commission/Tribunals/Forums and also of the institutions like Lokpal and Human Rights Commission.

1.        Some Commissions/Institutions like Lokpal/Human Rights Commission are statutorily manned by a retired judge of the Supreme Court or retired Chief Justice of the High Court. In the terms and conditions of appointment, in consonance with the stature they are entitled to the same category of accommodation as was occupied by him/them before the retirement. In some cases, the appointee is given deemed status making him eligible for the same kind of accommodation. For the Lokpal and the Chairman Human Rights Commissions keeping in view the statutory status enjoyed by them, they deserve to be allotted 4/5 type houses.

2.        For the appointees where deemed status equivalent to the Judge of the High Court is given to the Chairman of the Commission/Tribunal/Forum, they would be entitled to 6 type house with a proviso that in case of non-availability of the entitled category of the house, the appointee may be offered one category below or he should wait for his turn for the entitled category.

3.        There may be instances where a retired District Judge on his appointment as Member if a Commission is given status equivalent to retired Judge of the High Court in the terms and conditions so fixed in his appointment. In such eventuality, he shall be entitled to a 7 type accommodation and in case of non availability of house, one category below house be offered to him or he should wait for his turn.

4.        In substance, the Chairman/Member of the commissions/Tribunal/Forums so constituted by the states of Punjab/Haryana/Chandigarh Administration will be allotted a house of the entitled category, based on the above said criteria keeping in view of the terms and conditions of appointment and post held by him/them before retirement as the case may be. Similarly, in case of Members appointed who happen to be District and Sessions Judge/Additional District and Sessions Judge or of any lower rank, after retirement, would be entitled to accommodation in terms of these guidelines subject to the condition that they are employed on full time basis as such; getting their salary from the Consolidated Fund; and if employed on contractual basis, their contractual period is not less than three years.

Provided if a house of the entitled category is not available, such appointee may be offered one category below house.

5.        The officers of Punjab/Haryana/Administration, who are already in occupation of Govt. accommodation, on their reemployment/appointment as Chairman/member of the Commission/Tribunal/Consumer Forums etc. after their retirement, shall be entitled to retain that residence.

Provided that if the eligibility of a Govt. employee on reemployment do not make him entitled to the type of residence previously occupied by him he shall be allotted a residence of the type to which he is entitled.

6.        The Chairman/member of the Commission/Tribunal/Forums who have been appointed as such and were not eligible for allotment of Govt. house prior to their appointment as such, shall be entitled to a house, on turn, as per the status given in their terms and conditions of appointment.

7.        If any question arises as to the interpretation of these guidelines/policy, it shall be decided by the House Allotment Committee (Upper) whose decision shall be final and conclusive.

Rule - 12. Non-acceptance of allotment or failure to occupy the allotted residence after acceptance.

(1)     Where a Government 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. The House Allotment Committee (Upper) in its meeting held on 28.11.96 at 11.30 A.M. has authorized the concerned Secretary, House Allotment Committee to grant extension in deserving cases for a maximum period of four weeks.

(2)     Where a Government employee applying under Rule 9 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 Government 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, which ever is higher.

Rule - 13. 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 Government servant and shall remain in force until:

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

(b)      It is cancelled or is deemed to have been cancelled under these rules.

(c)      It is surrendered by the Government employee: or

(d)      The employee ceases to occupy the residence.

(2)     A residence allotted to a Government 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

Explanation.-The period permissible on transfer mentioned against events 2 and 3 shall count from the date of relinquishing the charge. The period for which the Government employee remains on leave before joining duty at the new office shall not be taken into account in calculating the permissible period.

(3)     When a residence is retained under events (2) and (3) of the table in sub-rule (2), the allotment shall be deemed to have been cancelled on the expiry of the admissible concessional period unless immediately on the expiry thereof the Government employee resumes duty in an eligible office in the Chandigarh.

(4)     A government employee who has retained the residence by virtue of the concession under event (1) of the Table in sub-rule (2), shall on re-employment 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.

Provided that if the emoluments of a Government employee on re-employment do not entitle him to the type of residence previously occupied by him, he shall be allotted a residence of the type to which he is entitled.

(5)     Extension of the period of retention of the residence beyond that specified in the Table below sub-rule (2) may be allowed by the Committee in exceptional cases, except in the case of dismissed Govt. Officer/Official, with reasons to be recorded in writing, for a period not exceeding six months, on the payment of 20 times the normal licence fee for the first three months and 30 times the normal, licence fee for the remaining three months. In the case of the transfer of the Govt. employee outside Chandigarh, Mohali or Panchkula as the case may be, for a period not exceeding 4 months, on the payment of 20 times the normal licence fee for the first three months and 30 times the normal licence fee for the next one month.

(6)     In case the government employee, who has been transferred outside Chandigarh, Panchkula or Mohali, rejoins at Chandigarh, Panchkula or Mohali within the period as prescribed in column 2 of the table under sub-rule (2), the allotment of the same residence shall be regularized in his/her name.

Provided that Government employee, who are in occupation of Chandigarh Administration General Pool accommodation at the time of proceeding on foreign service at Chandigarh, Panchkula or Mohali, shall be allowed to continue in occupation of the accommodation on payment of five times the normal licence fee as long as they retain lien on a post in an eligible office on their rejoining in the eligible office, the allotment of the same residence shall be regularized in his/her name.

(7)     The retention of house under event 9 of the table appended to sub rule (2) shall be permissible to All India Services Officers & (Indian Administrative Service, Indian Police Service, Indian Forest Service) as per details given herein below namely:

(a)      Officer of All India Services from a State Cadre other than the States in the North Eastern Region/Union Territories cadre are sent on deputation to the North Eastern Region, (Assam, Meghalaya, Manipur, Nagaland, Tripura, Arunchal Pradesh and Mizoram) in public interest so long as they are on deputation to the North Eastern Region/Jammu and Kashmir.

(b)      All India Services Officers of Union Territory Cadre who are posted to one of the two Union Territories viz. Andaman and Nicobar, Island, Lakshadweep/Jammu and Kashmir.

(c)      Officers of All India Services Cadre borne on the State cadre belonging to Assam, Meghalaya, Mizoram, Arunachal Pradesh, Manipur, Tripura and Nagaland, who revert to the cadres at the end of the normal tenure with the Central Government, for a period of 2 years including the period of retention admissible under the rules at present. Such All India Services Officers of these States who have to revert Pre-maturely in Public interest maybe allowed the concession of retention of accommodation/allotment of alternative accommodation for the balance period of their tenure of two years, whichever, is longer.

The House Allotment Committee (Upper) in its meeting held on 28.11.96 decided to charge double the normal licence fee for the entire period beyond the permissible limit up to the implementation of the New House Allotment Rules and thereafter be charged penal rent as per New Rules. It was also decided that Secretary, H.A.C. may decide all such cases in future in accordance with this decision.

Rule - 14. 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 Government employee who after accepting the allotment, fails to take possession of that accommodation within fourteen days of the issue of the allotment order, he shall be charged licence fee from such date for a period of one months or till the date on which the new allottee takes possession of the said accommodation, whichever is earlier.

(3)     Where a Government 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. The House Allotment Committee (Upper) in its meeting held on 4.10.2000 has decided to authorize the Secretary, House Allotment Committee (Upper) to allow such retention on payment of normal licence fee for a maximum period of 60 days, instead of 30 days which was authorized by the House Allotment Committee (Upper) in its meeting held on 12.9.97.

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.

(4)     Where a Government employee had already been allotted a residence of the type higher than his entitlement, he shall be charged licence fee five times the normal licence fee but he shall have the option for allotment of a house of his entitlement on out of turn basis on payment of normal licence fee:

Provided that this sub-rule shall not be applicable in the case of allotments of earmarked residence.

Rule - 15. Personal liability of Government employee for payment of licence fee till the vacation of residence.

A Government 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 Government during the period for which the residence has been and remains allotted to him or, where the allotment has been cancelled under any of he provisions of these rules, until the residence along with the out-houses appurtenant thereto have been vacated and full vacant possession thereof has been restored to the Government.

Rule - 16. Surrender of allotment and period of notice.

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

Rule - 17. Change of Residence.

(1)     A Government employee to whom a residence has been allotted under these rules, may apply to the Secretary, House allotment Committee 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 government employee.

(2)     A government 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 then 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 Government 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 that Government 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. In the meeting of the House Allotment Committee (Lower) held on 1.9.97 has decided to put a limit of one year before the date of retirement for not allowing such mutual exchange if the retirement of either of the allottees is within a period of one year.

(4)     A Government 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 Government 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 - 18. Maintenance of Residence.

A Government 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 Government 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 Government employee concerned. No addition and alternation in the house shall be made by the Government employee without any permission, in writing of the Adviser to the Administrator, Union Territory, Chandigarh. The house allotted to a government 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 - 19. Subletting and sharing of residence.

(1)     No Government 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 close relations. The servant quarters, out-houses, garages and cow-sheds may be used only for the bona fide purpose including residence of the servants of the allottee or for such other purposes as may be permitted by the Committee:

Provided that the Committee may, for the reasons to be recorded in writing, allow a government 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 government employee shall sublet the whole or any part of his residence but a government employee proceeding on leave or training as the case may be, may accommodate in the residence any other government employee eligible for the allotment of government accommodation as a caretaker for the period specified in the corresponding entry in column 2 of the table below sub-rule (2) of rule 13 with the prior permission of the Secretary. In the event of such arrangement the licence fee shall be payable by the government employee top whom the residence is allotted.

Rule - 20. Consequences of breach of Rules and Conditions.

(1)     Where a Government 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.

Explanation. In this sub-rule the word "Government employee" includes a member of his family.

(2)     Where action to cancel the allotment is taken on account of subletting of the premises by the allottee, 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 on account of subletting, the government 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.

(4)     Where the allotment of a residence is cancelled or deemed to have been cancelled on account of subletting, the government employee shall be liable for the disciplinary action by his employer under the relevant Conduct Rules, in addition to the action under sub-rule (3) above.

(5)     Where the allotment of a residence is cancelled or deemed to have been cancelled on account of subletting, the government employee concerned shall not be entitled for another allotment of government residence during his entire service period.

Rule - 21. 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 Government employee to whom it was allotted, such Government 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 - 22. Continuance of allotments made prior to the issue of these Rules.

Notwithstanding anything contained in these rules, an allotment which subsists immediately before the commencement of these rules, shall be deemed to be an allotment duly made under these rules subject to the following conditions, namely:-

(1)     Where a Government employee to whom a house of higher category had been allotted, who is otherwise not entitled for that category shall be liable to pay double times the normal licence fee but shall have the option for out of turn allotment of the entitled category on payment of normal licence fee.

(2)     The house already allotted to the employees of ineligible offices and other such categories shall be got vacated on their transfer out of Chandigarh, resignation, dismissal, retirement or death etc.

(3)     The houses which have been placed at the disposal of various other departmental pools shall be included in the Chandigarh Administration General Pool again after their vacation by the present occupants and vice versa.

(4)     The houses which have been allotted for non-residential purposes shall be got vacated and be made available for allotment to the employees of eligible offices.

(5)     Where the allotment of a residence has already been cancelled or deemed to have been cancelled, the Government servant shall be charged licence fee at the rate of fifty times the normal licence fee from the date of commencement of these rules.

(6)     Where a residence is already in occupation of an officer who himself, his spouse or any of his dependent Children, owns a house at Chandigarh or the adjoining urban estates of Panchkula or Mohali, shall surrender the government residence in his occupation within a period of two months. However, he will have the option to retain the same on the payment of double the normal licence fee.

(7)     Where a government employee on deputation to Chandigarh Administration is in occupation of a residence at the time of commencement of these rules on his repatriation to his parent state, shall be allowed to continue in occupation of the government residence on payment of normal licence fee as long as he is posted at Chandigarh, Panchkula or Mohali provided he is entitled to the said category on repatriation.

(8)     Where a government employee is in occupation of half portion of a government residence he shall be allotted full residence in case of vacation of the second half portion of the same house due to any reason.

Rule - 23. Interpretation of Rules.

If any question arises as to the interpretation of these rules, it shall be decided by the Administrator, Union Territory, 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.

Rule - 24. Repeal.

The Government Residences (Chandigarh Administration Pool) Allotment Rules, 1972 are hereby repealed. Notwithstanding such repeal, anything done or any action taken under or purported to have been done or taken under or in pursuance of the rules so repealed shall be deemed to have been done or taken under or in pursuance of these rules by the Administrator, Union Territory, Chandigarh or House Allotment Committee, as the case may be.