Section 12(5) in The Orissa Industrial Housing Rules, 1969
(5)No house shall be allotted to any worker unless he abides by the following conditions, namely :(a)The allottee shall take possession of the said house from the Housing Commissioner or an officer authorised by him within fifteen days from the receipt of Intimation of the allotment;(b)The allottee shall pay a sum of fifty rupees only to serve as security for the performance of the terms and conditions hereinafter appearing and of the obligations imposed on him by the Act;(c)During the continuance of the allotment the allottee shall pay in cash to the officer authorised by the Housing Commissioner, the monthly rent and other charge [* * *] [Deleted vide Orissa Gazette Part-III/24-9-1972.]. The money so paid shall be deposited in the treasury and a copy of the treasury chalan shall be forwarded to office of the Housing Commissioner;(d)In addition to the rent for the house the allottee shall pay the electricity charges at such rates as may be fixed by the [Electricity Boards] [Substituted vide Orissa Gazette Part-III/27-9-1972.] from time to time. The allottee shall also be liable to pay any other reasonable charges at the rates fixed by the Housing Commissioner;(e)The allottee shall not assign his right of tenancy and shall not sub-let or under-let or part-with possession of the house or any part thereof;(f)The tenancy will be terminable by either party giving to the other one month's notice. If the allottee leaves the house without notice in writing, he shall be liable to pay one month's rent and all other charges due from him as may be [fixed] [Substituted vide Orissa Gazette Part-III/27-9-1972.] for the notice period in accordance with these rules;(g)Any notice to be served on the allottee will be deemed to be duly and properly given and served if given by an officer, duly authorised by the Housing Commissioner in this behalf and shall be deemed duly served if it is personally delivered to the allottee or sent to him by registered post;(h)The house shall only be used and re-occupied by the allottee of the bona fide member of his family for the purpose of residence;(i)If any damage is caused to the tenement or any part thereof or to any fixtures and fittings therein otherwise than due to wear and tear the allottee shall be liable to compensate the Government the cost of such damage as may reasonably be fixed by the Government or the Housing Commissioner without prejudice to any other right which may be enforced against the allottee ;(j)The Housing Commissioner may be at liberty to appropriate the amount of security or any part thereof, or any other sum which may be due to the allottee from Government, towards satisfaction or any claim whatsoever which may be due against him and recover the balance, if any, from him or his employer from the wages or salary earned by him and shall make good the amount of the security deposit or any part thereof;(k)The allottee shall keep the house in a clean and sanitary condition;(l)The allottee shall not allow water from any tap to run waste and shall not throw water or any other thing from out of the house;(m)The allottee shall not make any additions to or alterations in the house or any part thereof and shall not remove any existing fixtures and fastenings and in the event of his contravening in any way the provisions, he shall be liable to pay the damages and cost on breach of this clause;(n)The allottee shall not allow or accommodate in the house any person suffering from any contagious or infectious disease;(o)The allottee shall not tamper with or damage any tree [* * *] [Deleted vide Orissa Gazette Part-III/24-4-1972.] growing in the land belonging to Government of which the house is a part;(p)The allottee being an industrial worker within the meaning of Section 2 (e) of the Act the tenancy shall cease forthwith as soon as he ceases to be an industrial worker :Provided that where a worker dies while in service or goes on transfer, or retires or resigns, or goes on medical leave or where services are terminated by his employer, the allotment may, with the previous approval of the Housing Commissioner continue up to the period as detailed below :(i)in the case of death or transfer, a period not exceeding two months;(ii)in the case of retirement, resignation or termination of service, a period not exceeding one month ; and(iii)in the case of medical or ordinary leave, for the period of leave.(q)In June and December of every year and also whenever required by or on behalf of the Housing Commissioner, the allottee shall furnish a certificate from his employer to the effect that he continues to be an industrial worker as defined in Section 2 (e) of the Act ;(r)if the house allotted to the allottee is not occupied by him within fifteen days of the receipt of the allotment, it shall be treated as cancelled;The allottee shall abide by all the above conditions. Any change sought to be introduced in accordance with the Act and this agreement shall be enforced against the allottee on the termination of one month's notice;(s)Notwithstanding anything contained in the provisions of Rule 12 an allottee may execute an agreement in favour of the Housing Commissioner in Form 'C' [affixing a pass-port size photograph on the said agreement] [Inserted vide Orissa Gazette Part III/28-12-1978.];(t)The possession of the house shall thereafter be given to the allottee by the Housing Commissioner or any other officer authorised by him in this behalf;(u)Any worker desiring allotment of the premises in his favour shall be required to deposit a sum of fifty rupees only as security in the shape of [Savings Pass Book] [Substituted vide Orissa Gazette Part-III/24-11-1972.] to be pledged in favour of [Governor of Orissa] [Substituted vide Orissa Gazette Part-III/24-11-1972.] before the order of allotment is issued in his favour. This security will be refunded in case no allotment is made to him or on his vacating the house after deducting arrears of rent and other dues, losses and damages, if any, as will be determined by the Housing Commissioner;(v)Allotment may also be made to persons other than eligible industrial workers if the Housing Commissioner is of the opinion that there is no sufficient demand from eligible industrial workers. Such allotment shall, however, be made with prior approval of the State Government and on full [market] [Substituted vide Orissa Gazette Part-III/24-11-1972.] rent as determined for the house of that colony and after charging a sum of Rs. 50 as security. The security deposit and refund will be made in the manner indicated in Clause (u).
