Section 44 in The Central Government General Pool Residential Accommodation Rules, 2017
44. Change in same type or entitled higher type of accommodation.
(1)An allottee to whom an accommodation has been allotted under these rules may apply for a change to another same type of accommodation only after taking physical possession of accommodation allotted under initial allotment.(2)Only one change shall be allowed in the same type of accommodation to the allottee.(3)An allottee, who intends to change the accommodation already allotted to him shall make an application in the form specified by the Directorate of Estates, and thereafter, the name of such allottee shall be included in the concerned type unified waiting list.(4)The date of priority or the inter-se seniority of the allottees in the waiting list for change of accommodation in respect of Type I to Type VI and VII (Secretaries Pool) shall be as applicable to initial allotment.(5)The change of same type of accommodation shall be offered as per the priority in accordance with these rules and having regard to the allottee's preference:Provided that no change in the same type of accommodation shall be allowed to an allottee within six months of the date of superannuation.(6)If an allottee fails to accept a change of accommodation offered to him within eight days of the issue of such offer or allotment, he shall not be considered again for a change of accommodation for that type of accommodation.(7)An allottee who, after accepting a change of accommodation fails to take possession of the same, shall be charged one month licence fee for such accommodation in accordance with the provisions of these rules in addition to the normal licence fee for the accommodation already in his possession the allotment of which shall continue to subsist:Provided that if the CPWD fails to make the accommodation offered on change habitable within the prescribed time period, a certificate from the concerned Executive Engineer shall be furnished in this regard by CPWD and allottees will be exempted from payment of licence fee for the intervening period in such cases.(8)Where an allottee, who is in occupation of an accommodation, is allotted another accommodation and he occupies the new accommodation, the allotment of former accommodation shall be deemed to have been cancelled from the date of physical occupation of the new accommodation:Provided that such date of occupation, the allottee may, retain the former accommodation on payment of normal licence fee for a period of thirty days for shifting to the newly allotted accommodation:Provided further that if the previous accommodation is not vacated within a period of thirty days, the allottee shall be liable to pay damages for use and occupation of the previous accommodation, furniture and garden charges as may be determined by the Government from time to time with effect from the 31st day from the date of physical occupation of the new accommodation and the accommodation slotted in the change shall be deemed to have been cancelled under these rules.(9)The allottee shall ensure before applying for change of accommodation that he continues to be entitled for that type of accommodation on the basis of revised entitlement as well as other conditions governing such change of accommodation and the respective allotment authority or estate office shall verify this fact before accepting the prescribed acceptance form of the applicant.(10)No change of accommodation shall be allowed to an allottee under this rule if an enquiry is under progress against the allottee on the charge of subletting.
