Himachal Pradesh Allotment of Government Residences (General Pool) Rules,1994
No: -- Dated: Jan, 01 1994
Government of Himachal Pradesh
General Administration Department
HIMACHAL PRADESH ALLOTMENT OF GOVERNMENT RESIDENCES (GENERAL POOL) RULES, 1994
1. Short title, commencement and applications.--- (1) These rules may be called the Himachal Pradesh Allotment of Government Residences (General Pool) Rules,1994.
(2) These shall apply to the whole of State of Himachal Pradesh.
(3) These rules shall come into force from the date of their publication in the Rajpatra, Himachal Pradesh.
2. Definition.—In these rules, unless the subject of context otherwise requires:-
(a) "allotment" means the grant of license to occupy a residence in accordance with provisions of these rules;
(b) "allotment year" means the year beginning on Ist January and end on 31st of December or such other period as may be notified by the Government;
(c) "date of priority" of an officer/official in relation to type-IV and above residences shall be the date from which he has been continuously drawing the Grade Pay or Basic Pay, whichever is applicable, to a particular type or a higher type in a post under the State Government or on foreign service/deputation:
Provided that the date of priority in respect of type-I to type-III residences shall be the date of joining in the services under State Government. If the date of joining is the same then the priority will be determined as under:-
(i) The officer/official having higher grade pay shall be senior; and
(ii) If the pay is the same, the official retiring earlier shall be accorded higher priority:
Provided that the date of priority in respect of type-I to type-III residences shall be the date of joining in the services under State Government. If the date of joining is the same then the priority will be determined as under:-
(i) The officer/official having higher grade pay shall be senior; and
(ii) If the pay is the same, the official retiring earlier shall be accorded higher priority:
Provided further that the inter-se-seniority for type-IV and above residences shall be considered on the basis of following factors, namely:-
(i) the Grade pay/ basic pay of the officer;
(ii) The priority date of an applicant, within the same Grade Pay/ basic pay, shall be the date from which the applicant is continuously drawing his such grade pay;
(iii) Where the priority date of two or more officers is the same, the inter se-seniority of the officers shall be determined on the basis of the basic pay i.e. the officer who has a higher pay shall be senior in the waiting list:
Provided that where the priority date and the basic pay of two or more officers are the same, the earlier date of joining in the service of the State Government shall be next determining criteria of inter-se-seniority:
Provided further that where the priority date, basic pay and date of joining in the service of the State Government of two or more officers are the same, the officers retiring earlier may be accorded higher priority over the officers retiring later;
Provided further that the Officers entitled for type-IV and above residences shall also be eligible to apply for accommodation below their entitlements subject to the condition that such accommodation shall not be below type-IV.
Provided further that no junior batch officer of the same service shall be given priority over the senior batch officer of same service:
Provided further that for the purpose of counting of broken periods of service for priority date for allotment of residential accommodation from the general pool, the past service shall be counted if they have been given any benefit of the past service for any of the purposes of confirmation, quasi- permanency or pension. They shall, however, not be allowed to count their past service in case they are given any terminal benefits (like civil/military pension/gratuity) other than leave for their past service. If any officer had more than one break in his service, the above benefit will be admissible only in respect of continuous service rendered prior to the last break.
(d) "Director" means Director of Estates, Himachal Pradesh and shall include Estate Officer posted in the Directorate of Estates authorized by him in this behalf;
(e) "Estate Officer" means Estate Officers appointed by the State Government at the District Headquarters;
(f) Permanent, quasi-permanent and temporary Government servants of Himachal Pradesh Government offices whose services are likely to be made regular, are eligible for the allotment of Government residential accommodation from the general Pool;
Provided that the Government servants of those category or class for whom departmental accommodation exist at the station of their posting shall not be eligible for allotment on seniority from the general pool at that station;.
(g) ******
(h) "family" means the wife or husband, as the case may be and children, step children, legally adopted children, parents, brothers and sisters as ordinarily reside with and are dependent on the officer/ official;
(i) "house allotment committee" means a committee constituted by the Himachal Pradesh Government from time to time to carry out the functions assigned to it in these rules;
(j) "Government" means the Himachal Pradesh Government unless the context otherwise requires;
(k) "license fee" means a sum payable monthly as fixed by the Government from time to time in respect of residence allotted by the Government under these rules;
(l) "Secretary” means Secretary(GAD) to the Government of Himachal Pradesh”.
(m) "residence" means any residence included for the time being in the general pool of residences earmarked by the Government for the purpose of allotment.
(n) "subletting" means sharing a residence by an allottee with another person with or without payment of rent:
Provided that an officer/official of the Government eligible for allotment of Government residence can share the accommodation with the permission of the Director who shall permit such officer/official sharing of accommodation on his surrendering his house rent allowance payable to him, but in no case such sharing shall entitled the sharer to claim any right over the residence;
(o) "temporary transfer" means a transfer of an officer/official which involves an absence of a period not exceeding four months;
(p) "type" in relation to an officer means the type of residence to which he is eligible under rule 5