Section 6 in Bihar State Employees (House Rent Allowance) Rules, 1980
6.
(a)Subject to the provisions of clause (b), no Government servant will draw House Rent Allowance in excess of the amount by which the rent actually paid by him exceeds 10 per cent of his pay.(b)(i)If the Government servant sub-lets or shares a part of his accommodation with one or more adults, not belonging to his family, whether Government Servant or not, a reduction of 40 per cent or the actual rent charged by him from the sub-tenant/co-sharer, whichever is higher, shall be made from the rent actually paid by him to the landlord for the purpose of computing the amount of House Rent Allowance admissible to him. A reduction of 40 per cent shall also be made where a part of the accommodation hired by the Government servant for which he claims House Rent Allowance is used for other than bona fide residential purposes.(ii)If the sub-tenant or co-sharer is also a Government servant, House Rent Allowance will be admissible to him also, the amount of the allowance being calculated on the rent actually paid by him to the main tenant.Note 1. - Keeping of servant in the house shall not be deemed to be subletting or sharing a part of the accommodation.Note 2. - As an exception of the above Rule in cases where a Government servant who shares his/her accommodation with his wife/her husband/parents/son/ daughter/unmarried sister who is also an employee of Central Government/State Government/Autonomous Public Undertaking/Semi-Government Organisation such as a Municipality, Port Trust, Nationalised Banks, Life Insurance Corporation of India, etc., he/she (Government servant) may be allowed the option to draw House Rent Allowance without a reduction of 40 per cent from the rent actually paid by him/her, subject to the condition that the other spouse/parent/son/daughter does not draw any House Rent Allowance.Note 3. - The reduction of 40 per cent referred in clause (b) (i) will not be made where spouse/parent/son/daughter/unmarried sister is/are employed in the private sector or are self-employed or pensioner or/and is/are having income exceeding Rs. 250 per month from any property/investment.(c)A Government servant shall not be entitled to House Rent Allowance, if-(i)he shares Government accommodation allotted rent free to another Government servant, or(ii)he/she resides in accommodation allotted to his/her parents/son/ daughter by the Central Government, State Government, an autonomous public undertaking or Semi-Government Organisation such as a Municipality, Port Trust, Nationalised Banks, Life Insurance Corporation of India, etc.(iii)his wife/her husband has been allotted accommodation at the same station by the Central Government, State Government, an Autonomous Public Undertaking or Semi-Government Organisation, such as Municipality, Port Trust, etc., whether he/she resides in that accommodation or he/she resides separately in accommodation rented by him/her.(d)The half-yearly verification of rent receipts as a matter of routine shall be dispensed with. The Head of Office in the case of a non-Gazetted Government servant, the Head of the Department in the case of a Gazetted Government servant or the Administrative Department if the Government servant himself is Head of the Department shall however, have the right to test check the rent receipt and also consider whether the rent claimed is reasonable.(e)As an exception to clauses (a) and (b) Government servants drawing pay up to Rs. 750 other than a Government servant who is living in a house owned by him and drawing pay up to Rs. 750 shall be eligible for House Rent Allowance at the rates specified in Rule 3 even if they share Government accommodation allotted to other Government servants [excluding those mentioned in (c) above] or private accommodation of other Government servant [including those mentioned in (c) (iii) subject only to the condition that they pay rent or contribute towards rent or house or property tax but without reference to the amount actually paid or contributed. As an exception to Rule 8, the grant of House Rent Allowance to a Government servant living in his/her own house or to a Government servant living in a house owned by a Hindu undivided family in which he is a co-parcener, and whose pay does not exceed Rs. 750 will be without reference to the amount of the gross rental value as assessed by the Municipal Authorities.Thus, in the case of such Government servants it will not be necessary to insist on the production of the assessment of the rental value by the Municipal Authorities for purpose of claiming House Rent Allowance.Note. - In cases where husband/wife/parents, children, two or more of them being Central Government servants or employee of State Governments, Autonomous Public undertaking or Semi-Government Organisation like Municipality, Port Trust, Nationalized Banks, Life Insurance Corporation of India etc. share accommodation allotted to another Government servant, House Rent Allowance will be admissible to only one of them, at their choice.The term "accommodation" includes the accommodation allotted to the employee of State Government, Autonomous Public Undertakings, Semi-Government Organisation, such as Municipality, Port Trust, etc.Regulation of Allowance in Different Circumstances
