Amendment in the Central Civil Services (Leave) Rules, 1972

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;

Click to view the OM

FR SR, Part III Central Civil Services - Leave Rules

FR & SR Part III
Central Civil Services - Leave Rules

1. Short title and commencement

(1) These rules may be called the Central Civil Services (Leave) Rules, 1972.

(2) They shall come into force on the 1st day of June, 1972.

2. Extent of application

Save as otherwise provided in these rules, these rules shall apply to Government servants appointed to the civil services and posts in connection with the affairs of the Union, but shall not apply to-

(a) Railway servants;

(b) persons in casual or daily-rated or part-time employment;

(c) persons paid from contingencies;

(d) workmen employed in industrial establishments;

(e) persons employed in work-charged establishments;

(f) members of the All India Services;

(g) persons locally recruited for service in Diplomatic, Consular or other Indian establishments in foreign countries;

(h) persons employed on contract except when the contract provides otherwise;

(i) persons in respect of whom special provisions have been made by or under the provisions of the Constitution or any other law for the time being in force;

(j) persons governed, for purposes of leave, by the Fundamental Rules or the Civil Service Regulations;

(k) persons serving under a Central Government Department, on deputation from a State Government or any other source, for a limited duration.

Rule 7(1) - Leave cannot be claimed as of right.

Rule 7(2) - The leave sanctioning authority may refuse or revoke leave of any kind, but cannot alter the kind of leave due and applied for.

Rule 10(i) - Leave of one kind taken earlier may be converted into leave of a different kind at a later date at the request of the official and at the discretion of the authority who granted the leave. For example, extraordinary leave may be retrospectively converted into leave not due and earned leave into half pay leave or earned leave on MC into commuted leave, as the case may be. The Government servant should apply for such conversion within thirty days of completion of the relevant spell of leave. This, however, cannot be claimed s a matter of right by the official.

Rule 10, GID - Conversion of one kind of leave into leave of a different kind is permissible only when applied for thy the official while in service and not after quitting service.

Rule 32(6) - Leave sanctioning authority may commute retrospectively periods of absence without leave into Extraordinary leave.

Rule 12 - No leave of any kind can be granted for a continuous period exceeding five years except with the sanction of the President.

Rule 13 - An official on leave should not take up any service or employment elsewhere without obtaining prior sanction of the Competent Authority.

Rule 19(1) - Grant of Leave on Medical grounds. – Government servant (Gazetted or non-Gazetted) – (1) who is CGHS beneficiary and resending within the limits of CGHS at the time of illness should produce medical certificate/fitness certificate from a CGHS doctor.

Rule 19(2) - Who is not CGHS beneficiary and CGHS beneficiaries who proceed outside the Headquarter on duty, leave etc., should produce the certificate from AMA, and in such cases, a non-Gazetted Government servant may produce certificate from RMP if there is no AMA if there is no AMA available within a radius of 8 kms of his residence.

Where a non-Gazetted Government servant finds it difficult to obtain Medical Certificate / Fitness Certificate from CGHS / AMA, the leave sanctioning authority may consider grant of leave on the basis of the certificate from an RMP after taking into account the circumstances of the case.

Rule 19(3) - In the case of hospitalization / indoor treatment permitted in a private hospital recognized under the CGHS CS (MA) Rules, a Government servant (Gazetted or non-Gazetted) may produce MC / FC from the authorized Doctor in such a hospital in case his hospitalization / indoor treatment is on account of the particular kind of disease (e.g. heart, cancer, etc.,) for the treatment of which the concerned Hospital has been recognized. This relaxation is not admissible is case of any day-to-day / outdoor treatment or indoor treatment in respect of any other disease.

Leave sanctioning authority any secure second medical opinion if considered necessary – Rule

Rule 24 (3) and Rule 19 - A Government servant who is on leave on medical certificate will be permitted to return to duty only on production of a medical certificate of fitness from the AMA / CGHS Doctor/Registered Medical Practitioner, as the case may be.

Rule 25(1) - Overstayal of leave without proper sanction, will be debited against the HPL account of the Government servant to the extent HPL is due and the excess treated as EOL. No leave salary is admissible for the entire period of overstayal and the period of such overstayal will not count for increment, leave and pension.

Rule 25(2) - Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.

Rule 25(1) - Absence without leave not in continuation of any authorized leave will constitute an interruption of service unless it is regularized.

Rule 20(2) - Permanently incapacitated Government servants not to be invalided. – A Government servant who has been permanently incapacitated from Government service on account of mental or physical disability shall not be invalided or reduced in rank. If he is not suitable ofr the present post, he could be shifted to some other post with the same pay scale and service benefits post becomes available or his superannuation, whichever is earlier. No promotion shall be denied.

Kinds of Leave:-

EARNED LEAVE
HALF PAY LEAVE
COMMUTED LEAVE
LEAVE NOT DUE
EXTRAORDINARY LEAVE
LEAVE ENTITLEMENT FOR VACATION DEPARTMENT STAFF
MATERNITY LEAVE
PATERNITY LEAVE
LEAVE TO FEMALE ON ADOPTION OF CHLID
CHILD CARE LEAVE
SPECIAL DISABILITY LEAVE
HOSPITAL LEAVE
STUDY LEAVE

Source: CG Staff News