Rule 154. Occupation of accommodation after termination of employment under clause (a) of sub-section (1) of section 92

(1) When a worker dies in the service of the employer or retires or goes on transfer, or resigns, or goes on leave or when his services are terminated, he or his family may retain the house up to the period as detailed below-(a) in the case of death, transfer or termination of service, for a period not exceeding two months;

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

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

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

(2) If, on the application made to Inspector-cum-Facilitator having jurisdiction of the area where such housing accommodations are located, the Inspector-cum-Facilitator 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, 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) by any other means of serving the notice as prescribed under the Bhartiya Nagarik Suraksha Sanhita, 2023 (Act no. 46 of 2023) after giving proper opportunities of being heard to 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, shall pass an order to vacate it within one month of the date of service of such order.

(3) In the event of the failure of the worker or any other person who is in occupation of the house to comply with the order under sub-rule (2), the Inspector-cum- Facilitator may make written requisition to the officer not below the rank of a sub-divisional magistrate, 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 sub-divisional magistrate specified in sub-rule (3) shall execute the order passed by Inspector-cum- Facilitator and shall ensure the eviction of such member or other person and shall handover the possession of the house to the employer. The sub-divisional magistrate may for this purpose, use such force as may be necessary:

Provided that before executing such order of eviction, 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.