317-AM-13(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 Events Permissible period of Retention of residence.
(1)___________________________________________ (2)_________ 1 Retirement, Terminal leave, Four months Resignation, dismissal or removal from Service, termination of services or Unauthorized absence without permission.
2. Transfer outside Chandigarh. Six months.
3. Temporary transfer in or outside India.
4. Leave (other than leave preparatory to Retirement, refused leave, terminal leave.)
5. Leave preparatory to retirement or Refused leave granted under F.R..86.
Six months.
For the entire period of leave.
6. Deputation outside India
7. On proceeding on training
8. Death of the allottee
9. Transfer to State of Jammu & Kashmir, Assam, Meghalaya, Nagaland, Tripura Arunachal Pradesh, Mizoram and Union Territories of Andaman and Nicobar Islands and Lakshadweep.
For the full period of leave on full average pay subject to a maximum of six months inclusive of the period permissible in the case of retirement.
One year.
For full period of Training.
One year (extendable upto three years in case where the deceased officer/ official or his/ her dependent does not own a house in Union Territory, Chandigarh, Mohali or Panchkula.
On payment of flat rate/normal licence fee upto 30.6.2002 or till revised orders are issued by the Government of India, whichever is earlier.
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 reinstatement 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.
(Amended vide notification No. 2978, dated 17.12.2009) (Proviso to this sub rule deleted vide notification No. 2978, dated 17.12.2009.)
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, except the District Level Offices or those offices which are not State Level Offices at Panchkula or Mohali, 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. However, in death cases, he dependent/ward/family of the deceased allottee may be allowed further retention (beyond the period of three years on payment of normal license fee for further period of 2 years (i.e. for 4th and 5th year) on payment of 5 times the normal license fee.
Provided that the proposed proviso under Rule SR-317-AM-13(5) the retention shall be added is as under:- 1 Three years Normal rent.
2 Further two years Five times the normal license fee.
(Amended vide Notification No. 1650, dated 8.6.2010).
(This sub rule stands struck down in view of the judgment dated
30.8.2011 passed in SLP No.15714 of 2011 titled as ‘Asha Sharma Versus Chandigarh Administration and others.)
6. In case the government employee, who has been transferred outside Chandigarh, Panchkula or Mohali, rejoins at Chandigarh, Panchkula or Mohali except the District Level Offices or those offices which are not State Level Offices at 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, except the District Level Offices or those offices which are not State Level Offices at 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, Arunachal 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.
(Amended vide Notification Nos. 97 dated 18.2.98, 176 dated 10.5.99, 345 dated 9.8.99, 630 dated 15.7.2002,504 dated 4.8.2004)
14. Provisions relating to licence fee-S.R.317-AM-14(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.
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 to whom a house of higher category had been allotted, who is otherwise not entitled for that category 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.
(Amended vide notification No.1549 dated 11.10.07)
Provided that this sub-rule shall not be applicable in the case of allotments of earmarked residence.