317-AM-11.(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:
(i) When a Government employee in occupation of a Government residence dies while in service, accommodation may be allotted to his spouse, family comprising of dependent or a son, or an unmarried daughter, on compassionate grounds, subject to fulfilment of other prescribed conditions including that of not owning a house in Union Territory, Chandigarh, Mohali or Panchkula.
(ii) Thus, if a Government employee dies in harness and was living in a Government accommodation, his family comprising of dependent would be allowed to retain the same house as prescribed below.
However, if the deceased was working in department which has its own pool of houses, the house would be allotted to be retained from that pool only.
(iii) That if the deceased was working at Chandigarh but he and his family were not living in Chandigarh, no claim shall be entertained.
(iv) if the allottee expired during retention period, no claim shall be entertained.
(v) Provided that if the allottee was allowed retention after transfer outside Chandigarh and expired during retention period, no claim shall be entertained.
(vi) That if the deceased was residing in earmarked house, his/her family will have to vacate the earmarked house and a general category house will be allotted to the family as per his/her entitlement.
(vii) Provided that if the deceased is working elsewhere and living at Chandigarh no claim shall be entertained.
(viii) if within three years of the death of the allottee, kin get a Government job then the kin shall be allotted house of his entitled category though on out of turn basis:
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.
(Amended vide Notification No.1650 dated 8th June, 2010)
(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.
(As amended vide Notification Nos. 459 dated 5.9.1997, 543 dated
11.11.1997, 444 dated 16.7.2003 and 504 dated 4.8.2004)
(b) Allotment of residence to spouse of Government accommodation is transferred outside 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, except the District Level Offices or those offices which are not State Level Offices at 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:
This sub rule stands struck off in view of the Judgment delivered by the Hon'ble Supreme Court of India in S.L.P.No.15714 of 2011 titled as ‘Asha Sharma and others Versus Chandigarh Administration and another'.
(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 the 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 dependent 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).
(Amended vide Notification Nos. 297 dated 2.6.97) .
12 Non-acceptance of allotment or failure to occupy the allotted residence after acceptance-S.R.-317-AM-12-(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.
(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.