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 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, except the District Level Offices or those offices which are not State Level Offices at Panchkula or Mohali, as long as he retains lien on a post in an eligible office, Mayor of the Municipal Corporation and also the employees of the Chandigarh Administration transferred to the Municipal Corporation, Chandigarh, Chairmen of State Human Right Commissions, Lokayuktas and the Chief Information Commissioners of Punjab and Haryana, 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”.
(Amended vide Notification Nos.299 dated 2.6.97, 283 dated
10.5.2001, 391 dated 18.6.2004)
(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, except the District Level Offices or those offices which are not State Level Offices at 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”.
(Amended vide Notification Nos.299 dated 2.6.97, 86 dated
12.2.1998, 283 dated 10.5.2001)
(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.
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.
Provided further that the priority date in respect of the Chairman of the Statutory Commission/Institution viz the Lok Pal the Human Rights Commission and the Chairman and members of other Commissioners/Tribunals shall be reckoned from the date of their appointment as such.
(Amended vide orders dated 17.12.2009 )
(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, except the District Level Offices or those offices which are not State Level Offices at Panchkula or Mohali, or from an eligible office to an ineligible office in Chandigarh, Mohali and Panchkula.
except the District Level Offices or those offices which are not State Level Offices at Panchkula or Mohali.
(u) “Type” in relation to an employee means the type of residence for which he is eligible under rule 5.
3 Allotment to Husband and wife, eligibility in case of officers who are married to each other. S.R. 317-AM- 3(l). - 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.