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State of Uttar Pradesh - Section

Section 18D in The Subsidiary Rules

18D.

A government servant in occupation of a residence may sub-let it, subject to the following conditions, namely:
(a)The lessee shall be a person approved by the head of the department in whose charge the residence is;
(b)the sub-tenancy shall not be recognized by the Government;
(c)the lessor shall remain personally responsible for the rent and any damage caused to the residence beyond fair wear and tear;
(d)the sub-tenancy shall terminate not later than the date on which the lessor ceases to hold the post to which the residence has been allotted;
(e)the rent payable by the lessee shall not, except with the previous sanction of the Government in special circumstances, exceed the rent payable to the Government by the lessor; and
(f)the rent payable to Government by the lessor shall be the rent payable by him if he had not sublet the residence or the rent payable by the lessee if the residence had been allotted to him direct by the Government, whichever is higher.
Order of the Governor regarding Subsidiary Rule 18D (f)In the case of sub-letting of a government residence when the lessor, is not entitled to rent-free quarters or house-rent allowance in lieu but the lessee is so entitled, the rent payable by the lessor should be the rent payable by him if he had not sub-let the residence, or the rent payable by the lessee if the residence had been allotted to him direct by Government otherwise than free of rent, whichever is higher.When a government residence is sub-let and the lessor and the lessee are, or the lessor is, entitled to rent-free quarters or house rent allowance in lieu, the following procedure should be adopted in regard to the recovery of rent:
(i)When both the lessor and the lessee are entitled to rent-free quarters or house-rent allowance in lieu, the lessor will pay to Government an amount equivalent to the higher of the two house rent allowances; and
(ii)When the lessor is entitled to rent-free quarters or house-rent allowance in lieu and the lessee is not so entitled, the lessor will pay to Government an amount equivalent either to the house-rent allowance admissible to him or to the rent payable by the lessee if the house had been allotted to him direct by Government, whichever is higher.