Section 7 in Bihar State Employees (House Rent Allowance) Rules, 1980
7.
The drawal of House Rent Allowance in the following case shall be regulated as stated below :-(a)Leave. - (i) A Government servant will be entitled to draw House Rent Allowance during leave at the same rate at which he was drawing this allowance before he proceeds on leave. For this purpose leave means total leave of all kinds not exceeding 4 months or, in the case of Government servants governed by the Revised Leave Rules, 120 days and the first 4 months/120 days of the leave if the actual duration of the leave exceeds that period; but does not include terminal leave, whether running concurrently with the notice period or not. When vacation or holidays are combined with leave, the entire period of vacation or holiday and leave should be taken as one spell of leave.House Rent Allowance will be admissible during L.P.R. (leave preparatory to retirement) or refused leave, i.e. where L.P.R. was refused in public interest and the person concerned enjoys it after demitting office, subject to submission of certificate that the employee concerned and/or his family continue to reside at the same place/same station. During the period of refused leave, the aforesaid allowance shall not, however, be paid as a part of one time settlement but shall be paid each month in arrears on the expiry of the refused leave for that month.Note 1. - In the case of Government servants who are originally granted leave on medical certificate exceeding four months and have ultimately to retire from Government service on grounds of invalidity, the entire leave thus becoming leave preparatory to retirement, recovery of House Rent Allowance already drawn need not be effected. State Government servants who are originally granted leave on medical ground or otherwise but do not join duty after expiry of such leave owing to death/invalidation during such leave may also be regulated in the same manner.Note 2. - The drawal of this allowance during periods of vacation whether combined with leave or not shall be regulated in the same way as during leave.Note 3. - In case where a Government servant who is on sanctioned leave where on medical grounds or otherwise, does join duty after available himself of such leave, and resigns, he shall not be eligible for House Rent Allowance for the entire period of such leave. The Administrative authority concerned shall ensure that the entire amount drawn on this account is recovered before resignation, etc, is accepted.Note 4. - Drawal of this allowance during the period of leave in excess of first 4 months/120 days availed of on grounds other than medical grounds mentioned in clause (ii) of this Rule shall be subject to furnishing of the certificates prescribed in Rule 9(a).(ii)The limit of 4 months/120 days shall be extended to 8 months for the purpose of the grant of this allowance in the case of Government servants suffering from T. B., Cancer or other ailments during the period of their leave taken on medical certificates. It is immaterial whether the leave is on medical certificate from the very commencement or is in continuation of other leave as defined in clause (i) of this Rule. In the case of employees suffering from T. B., Cancer, or other ailments, who remain on leave for a period exceeding 8 months, the grant of House Rent Allowance for the period of leave beyond 8 months, may be decided by the respective controlling authorities without consulting the Finance Department irrespective of the period of leave involved so long as the Medical Certificate is available.(b)Joining Time. - During joining time, a Government servant shall continue to draw House Rent Allowance at the same rate at which he was drawing this allowance at the station from where he was transferred. Where, however, joining time is affixed to leave, joining time shall be added to the period of 4 months/120 days referred to in clause (a) unless in any case it is otherwise expressly provided :Leave taken during the course of training or immediately after the completion of training abroad to cover stay over/stop overs resulting in the absence of the trainees abroad beyond a period of six months cannot be treated as part of the period of training and as such the Government servant concerned will not be entitled to any House Rent Allowance during the period of leave taken on training abroad irrespective of whether the leave falls within the first six months of the training or immediately after the completion of training aboard.(c)Deputation abroad. - The officers going abroad on deputation shall be eligible to draw House Rent Allowance at the rates admissible to them from time to time at station from where they proceed abroad on deputation in the following manner:-(i)Deputation not exceeding one year. - House Rent Allowance will be admissible for the entire period of deputation.(ii)Deputation exceeding one year. - An employee proceeding on deputation abroad for a period exceeding one year will be eligible for House Rent Allowance till such time as his family remains at the last place of his duty in India. In the event of an employee applying for family passage to the place of deputation abroad or for Transfer Travelling Allowance in respect of his family's journey from the headquarters in India to Home town or any other station, he will not be required to refund the amount of House Rent Allowance up to the date up to which the family actually resides at the last Headquarters of the employee in India.(iii)Deputation initially not exceeding one year but subsequently extended beyond one year. - House Rent Allowance will be admissible up to the date of orders extending the period of deputation beyond one year. Thereafter, the allowance shall be admissible as per sub-clause (ii) of clause (c) of this Rule.(iv)The drawal of allowance under this sub-clause will be subject to the production of certificates prescribed in Rule 9 (d).(d)Training abroad. - A Government servant who is deputed for training abroad under the various training schemes sponsored by the Government of India or operated through non-official channels shall be entitled to draw House Rent Allowance during the entire period of such training at the rates admissible to him from time to time at the station from where he was deputed abroad for training subject to the production of certificates prescribed in Rule 8 (d).(e)Training in India. - A Government servant, whether permanent or temporary, who is sent on training in India, and whose period of training is treated as duty under Rule 14 (e) (1) of the Bihar Service Code, shall be entitled to draw during the entire period of such training House Rent Allowance at the rates admissible to him, from time to time, at either the place of training or the place of duty from where he proceeded on training, whichever are more favourable to him. For claiming the allowance admissible at the place of duty from where a Government servant proceeds to another station for training, he will be required to furnish the certificate(s) prescribed in Rule 9 (d).Note. - A Government servant, who is allowed travelling allowance as on tour and draws daily allowance at the place of training will draw House Rent Allowance only at the rates admissible to him at his Headquarters from where he proceeded on training.ClarificationA point may be raised whether a departmental trainee who is drawing House Rent Allowance at the station from which he proceeds for training can be allowed to draw during the period of training, the House Rent Allowance at the rates admissible at the old station when the training is imparted at a residential training centre where the trainee is provided accommodation only for himself but is not provided with any accommodation for keeping his family and the trainee continues to incur expenditure on house rent at his old headquarters.It is clarified that department trainees in the circumstances explained above may be allowed to draw House Rent Allowance during the period of training at the rates admissible at the old station from which they proceed on training subject to the fulfilment of all other terms and conditions governing the grant of House Rent Allowance.(f)Suspension. - The drawal of House Rent Allowance to a Government servant under suspension shall be regulated with reference to proviso to Rule 96 (1) (b) and 97 of Bihar Service Code subject to his furnishing either or both of certificates prescribed in Rule 9 (d) for drawal of allowance for periods beyond 4 months/120 days from the date of suspension.Note. - If the headquarters of a Government servant under suspension are changed in the public interest by orders of a competent authority, he shall be entitled to the allowance as admissible at the new station provided he furnishes the requisite certificate with reference to such station.(g)Re-employed Pensioners. - The drawal of House Rent Allowance in case of re-employed pensioners shall be regulated as indicated below :-(a)In the case of officers whose pay plus pension exceeds the sanctioned maximum pay of the post the allowance will be calculated on that maximum.(b)In the case of officers whose pay on re-employment in a post is fixed without taking into account the entire pension or a part thereof, the amount of pension so ignored shall also not be taken into account for the purpose of the grant of House Rent Allowance.(c)In other cases, the allowance will be calculated on pay plus pension.Note. - For the purpose of clause (g)-(a)'Pension' means gross pension including temporary increase in pension and pension equivalent of death-cum-retirement gratuity and other retirement benefits, if any.(b)The amount of pension will be the amount originally sanctioned (i.e., before commutation if any) less the amount of pension, if any, held in abeyance as a condition of re-employment.(h)Women Government servants not paying rent themselves. - In the case of married Government servant residing with her husband, and in the case of an unmarried Government servant residing with her father or other members of the family, who are not Government servants the rent paid by her husband or, as the case may be, by her father or other members of the family, shall be deemed to be the rent paid by her. Such Government servants will be eligible for House Rent Allowance if otherwise admissible under these Rules.Government Servants owning Houses
