Section 5 in Bihar State Employees (House Rent Allowance) Rules, 1980

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State of Bihar - Section

Section 5 in Bihar State Employees (House Rent Allowance) Rules, 1980

5.

The grant of House Rent Allowance shall be subject to the following conditions :

(a)To those Government servants who are eligible for Government accommodation, the allowance will be admissible only if they have applied for such accommodation in accordance with the prescribed procedure, if, any, but have not been provided with it.

(b)

(i)The allowance shall not be admissible to those who occupy accommodation provided by Government or those whom accommodation has been offered by Government but who have refused it. In the latter case, the allowance will not be admissible for the period for which a Government servant is debarred from further allotment of Government accommodation under the allotment Rules applicable to him.

(ii)The House Rent Allowance drawn by a Government servant, who accepts allotment of Government accommodation, shall be stopped from the date of occupation, or from the eighth day after the date of allotment of Government accommodation, whichever is earlier. In case of refusal of allotment of Government accommodation House Rent Allowance shall cease to be admissible from the date of allotment of Government accommodation. In case of surrender of Government accommodation, the House Rent Allowance, if otherwise admissible, will be payable from the date of such surrender.

Note. - In the case of surrender of Government accommodation, the House Rent Allowance, if otherwise admissible will be payable from the date from no accommodation certificate is issued by the accommodation controlling authority.

(iii)A Government servant debarred from allotment of Government accommodation due to unauthorised sub-letting or for other breaches of Rules, but excluding those covered by clause (b) (i) will be eligible for House Rent Allowance during the period of such department, subject to the fulfilment of the usual conditions except that the conditions that he must have applied for but not provided with Government accommodation will not be enforced in his case.

(iv)Refusal by a Government servant of a quarter of a different class from that for which he is eligible shall not constitute refusal for the purpose of these Rules unless he has the option to apply for accommodation of a class next below one to which he is entitled by virtue of his emoluments and he refuses such accommodation when allotted on the basis of his application.

(v)Refusal by a Government servant of accommodation (other than single room hostel accommodation or hostel accommodation where messing and payment of service charges are compulsory) allotted out of turn on his own application shall constitute refusal for the purpose of these Rules, even when the accommodation provided is of a lower class than that for which he is eligible.

(vi)Female Government servants residing in the Working Girl's Hostel, or in Government run hostel are not entitled to House Rent Allowance. Government servant living in hostels run by autonomous and semi-Government Organisation, which are not run on commercial lines (i.e. State Government employees allotted hostel accommodation are not charged market rent but a subsidised rent), would not be entitled to House Rent Allowance.

(vii)A Government servant who, on transfer, has been permitted to retain Government accommodation at the old station on payment of normal rent or penal rent, will be eligible for House Rent Allowance at the new station.

(viii)A Government servant who was not in occupation of Government accommodation at his old station and who, on transfer, leaves his family behind at the old station because he has not rented a house or has not been allotted Government accommodation at the new station; will be eligible for House Rent Allowance for a period of six months from the date of his assumption of charge at the new station or till he rents a house or is allotted Government accommodation at the new station, whichever is earliest. The House Rent Allowance in such cases shall be regulated as follows without prejudice to the entitlement to House Rent Allowance with reference to the place of duty in terms of Rule 3.

(1)	During the first two months of the date of assumption ofcharge at the new station.	At the same rate at which it was drawn at the old station.
(2)	For the next 4 months.	At the rate at which it was being drawn by him at the oldstation or the maximum amount that would have been admissible tohim at the new station, had he taken a residence on rent there,whichever is less.

In either case the grant of House Rent Allowance under these provisions shall not be admissible beyond the date on which he rents a house or is allotted Government accommodation at the new station.

(ix)During the period of transfer not exceeding 90 days, a Government servant shall draw House Rent Allowance at the same rate at which he was entitled to it at the time of transfer. The quantum of the allowance shall, however, be determined with reference to the pay which a Government servant would have drawn but for the transfer. For periods of transfer exceeding 90 days the grant of this allowance shall be regulated with reference to the new headquarters. If a transfer, initially made for a period not exceeding 90 days is later extended, the House Rent Allowance shall be paid up to the date of issue of orders extending the transfer or for a period of 90 days whichever is less.

Note. - For temporary transfer; initially made for a period not exceeding 90 days, but later extended beyond this period, the benefit of the provisions contained in Rule 5(b) (viii) shall be allowed to the Government servant from the date of issue of the order converting the transfer into a permanent one or at the end of 90 days whichever is earlier.Conditions for Drawal of House Rent Allowance

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State of Bihar - Section

Section 5 in Bihar State Employees (House Rent Allowance) Rules, 1980

5.