Rule 108. Occupation of accommodation after termination oremployment

(1) When a worker dies in the service of the employer or retires or goes on transfer, or resign or goes on leave or when his services are terminated, he or his family, as the case may be, may retain the house upto the periods as detailed below:

(a) In the case of death - a period not exceeding three months, and in the case of transfer or termination of service, a period not exceeding two months;

(b) in the case of retirement or resignation- a period not exceeding one month;

(c) in the case of leave for the period of leave and;

(d) in the case where the discharge or dismissal or a worker result in an industrial dispute for so long as the case is not finally disposed of.

(2) If the competent authority is satisfied that a worker or any member of his family refuses to vacate the house allotted to such worker after the expiry of the period specified in sub-rule (1), he may, notwithstanding any other law for the time-being in force, by notice served:

(a) by post or,

(b) by affixing a copy of it on the outer door or some other conspicuous part of such house or,

(c) in such other manner as may be prescribed, require that such worker or a member of his family or any other person who may be in occupation of the whole or any part of the house to vacate it within one month of the date of service of such notice.

(3) In the event the failure of the worker or any other person who is in occupation of the house to comply with the notice under sub-rule (2), the competent authority may make written requisition to the officer not below the rank of a revenue division officer having jurisdiction over the area to evict such worker, member or other person from the house.

(4) On receipt of requisition under sub-rule (3), the officer specified in sub-rule (3) shall by order evict such worker, member or other person from and take possession of the house and shall for that purpose, use such force as may be necessary:

Provided that before taking such possession a copy of the order of eviction shall be served on the worker or a member of the family or any other person in occupation of the said house.

Explanation:- For the purpose of this rule “competent authority” means such person or authority as maybe notified by the State Government in this behalf.