Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the, 1st December, 2009.
GSR… In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons
serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave)Rules, 1972, namely: –
1.(1) These rules may be called the Central Civil Services (Leave)
(Amendment) Rules, 2009.
(2) They shall come into force on the date of their publication in the
Official Gazette.
2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to
as the said rules), for rule 6 the following rule shall be substituted, namely, –
“6. Transfer to industrial establishment.– If a Government servant governed by these rules is appointed in an industrial establishment wherein his leave terms are governed by the Factories Act, 1948 (63 of 1948), the authority competent to grant leave shall, suo motu, issue an order granting cash equivalent of leave salary in respect of earned leave and half pay leave at his credit subject to a maximum of 300 days and the cash so granted shall be a sum equal to the leave salary as admissible for earned leave and leave salary as admissible for half pay leave plus dearness allowance admissible on that leave salary at the rate in force on the date the Government servant ceases to be governed by the provisions of the said rules:
Provided that in the event of his return to a post or service to which the Central Civil Services (Leave) Rules, 1972 apply, the benefit of cash equivalent of leave salary payable under rule 39 shall be modified as under –
(a) On superannuation .- encashment of leave shall be subject to the condition that the number of days of both earned leave and half pay leave for which encashment has already been allowed under this rule and the number of days of earned leave and half pay leave to be encashed on superannuation does not exceed 300 days;
(b) On premature retirement.- cash equivalent of unutilised earned leave and half pay leave should be subject to the condition that the number of days of earned leave and half pay leave for which encashment had already been allowed under this rule and the number of days of earned leave and half pay leave to be encashed on premature retirement shall not exceed 300 days.”.
3. In the said rules, for rule 28, the following rules shall be substituted,
namely, –
‘28. Earned leave for persons serving in Vacation Departments. –
(1) (a) A Government servant (other than a military officer) serving in a
Vacation Department shall not be entitled to any earned leave in respect
of duty performed in any year in which he avails the full vacation;
(b) In respect of any year in which a Government servant avails a portion of
the vacation, he shall be entitled to earned leave in such proportion of 30 days,
as the number of days of vacation not taken bears to the full vacation:
Provided that no such leave shall be admissible to a Government
servant not in permanent employ or quasi-permanent employ in respect
of the first year of his service ;
(c) If, in any year, the Government servant does not avail any vacation,
earned leave shall be admissible to him in respect of that year under rule
26.
EXPLANATION: For the purpose of this rule, the term “year” shall be
construed not as meaning a calendar year in which duty is performed but as
meaning twelve months of actual duty in a Vacation Department.
NOTE 1. – A Government servant entitled to vacation shall be considered to
have availed a vacation or a portion of a vacation unless he has been required
by general or special order of a higher authority to forgo such vacation or
portion of a vacation
Provided that if he has been prevented by such order from enjoying
more than fifteen days of the vacation, he shall be considered to have
availed himself of no portion of the vacation.
NOTE 2. – When a Government servant serving in a Vacation Department
proceeds on leave before completing a full year of duty, the earned leave
admissible to him shall be calculated not with reference to the vacations which
fall during the period of actual duty rendered before proceeding on leave but
with reference to the vacation that falls during the year commencing from the
date on which he completed the previous year of duty.
(2) Vacation may be taken in combination with or in continuation of
any kind of leave under these rules:
Provided that the total duration of vacation and earned leave taken
in conjunction, whether the earned leave is taken in combination with or
in continuation of other leave or not, shall not exceed the amount of
earned leave due and admissible to the Government at a time under rule
26.
(3) The earned leave under this rule at the credit of a Government servant at
the close of the previous half year shall be carried forward to the next half
year, subject to the condition that the leave so carried forward plus the credit
for the half year shall not exceed the maximum limit of 300 days.
NOTE. – The facility of crediting of unavailed portion of joining time shall be
admissible to persons serving in Vacation Departments, in accordance with
the provisions of sub-clause (ii) of clause (a) of sub-rule (1) of rule 26.”.
4. In the said rules, in rule 29, for sub-rule (1), the following sub-rule shall
be substituted, namely:-
“(1) The half pay leave account of every Government servant (other
than a military officer) shall be credited with half pay leave in advance,
in two installments of ten days each on the first day of January and July
of every calendar year.”.
5. In the said rules, in rule 38-A, –
(a) sub rule (1) shall be omitted;
(b) for sub-rule (5), the following sub-rule shall be substituted, namely:-
“(5) The period of leave encashed shall not be deducted from the
quantum of leave that can normally be encashed by him under rules 6,
39, 39-A, 39-B, 39-C and 39-D.”.
6. In the said rules, in rules 39, –
(a) for sub-rule (2), the following sub-rule shall be substituted, namely, –
“(2) (a) Where a Government servant retires on attaining the normal age
prescribed for retirement under the terms and conditions governing his service,
the authority competent to grant leave shall, suo motu, issue an order granting
cash equivalent of leave salary for both earned leave and half pay leave, if
any, at the credit of the Government servant on the date of his retirement
subject to a maximum of 300 days;
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