Section 4 in Allotment of Government Residences (General Pool in Delhi) Rules, 1963
4. Allotment to Husband and Wife, Eligibility in Case of Officers who are Married to each other.
(1)No officer shall be allotted a residence under these rules if the wife or the husband, as the case may be, of the officer has already been allotted a residence, unless such residence is surrendered.Provided that this sub-rule shall not apply where the wife and husband are residing separately in pursuance of -(i)an order of judicial separation made by any Court; or(ii)an order to proceed to frame and record the issues for settlement of the proceedings by any Court in which a petition filed by the wife or husband, as the case may be, for dissolution of marriage by a decree of divorce is pending and the wife or husband, as the case may be, has furnished an undertaking that she or he will surrender the residence allotted to her or him forthwith in case of revival of conjugal rights with her or his spouse.(2)Where two officers in occupation of separate residence allotted under these rules marry each other, they shall within one month of marriage, surrender one of the residences.(3)If a residence is not surrendered, as required by sub-rule (2), the allotment of the residence of the lower type shall be deemed to have been cancelled on the expiry of such period and if the residences are of the same type, the allotment of such one of them as the Director of Estates may decide, shall be deemed to have been cancelled on the expiry of such period.(4)Where both husband and wife are employed under the Central Government, the title of each of them to allotment of a residence under these rules shall be considered independently.(5)Notwithstanding anything contained in sub-rules (1) to (4);(a)If a wife or husband, as the case may be, who is an allottee of a residence under these rules, is subsequently allotted a residential accommodation at the same station from a pool to which these rules do not apply, she or he, as the case may be, shall surrender any one of the residences within one month of such allotment.Provided that this clause shall not apply where the husband and wife are residing separately in pursuance of an order of judicial separation made by any Court.(b)Where two officers, in occupation of separate residences at the same station, one allotted under these rules and another from a pool to which these rules do not apply, marry each other, any one of them shall surrender any one of the residences within one month of such marriage;(c)If a residence is not surrendered as required under clause (a) or clause (b), the allotment of the residence in the general pool be deemed to have been cancelled on the expiry of such period.[S.R. 317-B-5 [Substituted by Notification No. G.S.R. 198 (E), dated 28.11.2016.]
