Section 8 in Bihar State Employees (House Rent Allowance) Rules, 1980
8.
(i)A Government servant living in a house owned by him, his wife, children, father or mother shall also be eligible for House Rent Allowance under these Rules. In such cases, the gross rental value of the house or, if he is not in occupation of the entire house, or the portion of the house actually occupied by him (as ascertained from its assessed value for municipal purposes or otherwise), without deduction of rebate of 10 per cent on account of repairs and including municipal and other taxes that are legally payable by the owner other than "Service taxes" levied separately and described as such, shall be taken as the rent paid by him for private accommodation for the purposes of these Rules.When separate amount of assessed value is not available in respect of a portion of a house, it will be calculated proportionately with reference to the plinth area actually in the occupation of a Government servant.If a house is situated within a municipality/local board/notified area/cantonment boards, grant of House Rent Allowance in above case should invariably be regulated on the basis of gross rental value as assessed by these authorities. Only when assessment by such an authority is not possible assessment made by other local authorities may be accepted as the basis for the grant of House Rent Allowance.ClarificationA question may be raised regarding the manner in which the claim of House Rent Allowance of State Government employees who have taken House/flats on hire purchase basis from private House Building Societies, Bihar State Housing Board should be regulated. It is clarified that the rental value of the premises as determined by the Municipal authorities, etc. as in the case of house fully owned by Government servants for determining the House Rent Allowance payable to the Government concerned shall form the basis for the grant of House Rent Allowance in such cases.(ii)In the case of a Government servant living in a house owned by a Hindu undivided family in which he is a co-parcener, House Rent Allowance will be regulated with reference to the gross rental value, as in clause (i) of the portion of the house actually in his occupation and not on the basis of the rent which he claims to pay to the Manager of the Hindu undivided family.Note. - The grant of House Rent Allowance to Government servants referred to in clauses (i) and (ii) will be subject to the fulfilment of the same conditions as apply to a Government servant residing in private rented accommodation.(iii)In the case of a Government servant who owns a house at a place of duty but resides in a rented house instead, House Rent Allowance shall be paid in respect of the rented house, if otherwise admissible.Certificates
