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SIKKIM GOVERNMENT SERVICE (LEAVE) RULES, 1982

SIKKIM GOVERNMENT SERVICE (LEAVE) RULES, 1982

SIKKIM GOVERNMENT SERVICE (LEAVE) RULES, 1982

 

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor hereby makes the following rules, namely:

Rule - 1. Short Title and Commencement.

(1)     These Rules may be called the Sikkim Government Service (Leave) Rules, 1982.

(2)     They shall be deemed to have come into force on the 1st day of April, 1981.

Rule - 2. Extent of Application.

Save as otherwise provided in these rules, they shall apply to Government servants appointed to the various services and posts in connection with the affairs of the State of Sikkim, but shall not apply to

(a)      persons employed on work-charged basis;

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

(c)      persons appointed in leave vacancies;

(d)      members of All India Services and employees on deputation from Central Government of:

other Governments to the extent where there are specific provisions in the All India Services (Leave) Rules, 1955 or Central Civil Services (Leave) Rules, 1972 and Leave rules applicable to the concerned employee on deputation from other State Government;

(e)      honorary workers;

(f)       persons employed on contract except when the contract provides otherwise.

Rule - 3. Definitions.

(1)     In these rules, unless the context otherwise requires-

(a)      "authority competent to grant leave" means,-

(i)       in relation to gazetted officers, the Secretary in the Establishment Department;

(ii)      in relation to non-gazetted officers, the Secretary, Head of Department or the Head of Office declared by the Establishment Department to be competent to grant the leave;

(b)      "Form" means the Form appended to these rules;

(c)      "vacation department" means a department or part of department, to which regular vacations are allowed, during which Government servants serving in the Department are permitted to be absent from duty;

(2)     words and expressions used herein and not defined but defined in the Sikkim Government Service Rules, 1974 shall have the meanings respectively assigned to them in those rules.

Rule - 4. Right to Leave.

(1)     Leave cannot be claimed as a matter of right.

(2)     When the exigencies of public service so require, leave of any kind may be refused or revoked or curtailed by the authority competent to grant leave.

(3)     The authority competent to grant leave may commute one kind of leave, or refusal to different kind which may be admissible at the time leave was originally sanctioned. But the Government servant cannot claim it as a matter of right.

(4)     Any unauthorised absence from duty without the prior sanction for leave, or refusal to return to duty on recall before the expiry of leave or failure to return to duty after expiry of leave sanctioned shall be treated as misbehaviour and the Government servant concerned shall be liable to disciplinary action, and the period of such unauthorised absence may be treated as dies non.

Explanation.

The unauthorised period of absence treated as dies non shall constitute an interruption of service for the purpose of increment, leave and pension and unless there are specific order not to treat the period as such, the entire past service shall stand forfeited.

Rule - 5. Regulation of Claim to Leave.

A Government servant's claim to leave is regulated by the rules in force at the time the leave is applied for and granted.

Rule - 6. Earning of Leave.

Save as otherwise provided in these rules, leave shall be earned for the period for which a Government servant is on duty only.

Explanation I. Duty includes periods of casual leave, departmental examination leave under rule 25, in-service training, joining time, quarantine leave but does not include the periods of extraordinary leave, examination leave, study leave, maternity leave and all other kinds of leave including special disability leave for accidental injury.

Explanation II. For the purpose of this rule, the period spent on deputation to autonomous bodies, public undertakings shall count as duty only if contributions towards leave salary and pension are paid either by the borrowing employer or the Government servant.

Rule - 7. Effect of Dismissal, Removal or Resignation on Leave at Credit.

(1)     Except as provided in these rules, any claim to leave to the credit of a Government servant, who is dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation.

(2)     A Government servant who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to count for leave his service prior to dismissal or removal, as the case may be

Rule - 8. Application for Leave.

An application for leave or for extension of leave shall be made in Form I.

Note 1.Where a Government servant is working in an Office subordinate to a Department the application should be routed through proper channel.

Note 2.Gazetted employees should route their applications to the Establishment Department through the Head of Office and the Head of Department concerned or the Secretary to the Government as the case may be.

Rule - 9. Leave Account.

A leave account shall be maintained in Form IV by the authority competent to grant leave or under its directions and no leave shall be granted to a Government servant until a report regarding its admissibility is verified and found correct in all respects.

Rule - 10. Commencement and Termination of Leave.

Except as provided in rule 11, leave ordinarily begins on the day on which the transfer of charge effected in accordance with the working arrangement made in the order granting the leave and ends on the preceding that on which the charge is resumed.

Note 1.-Except in cases requiring immediate medical attendance, leave in all other cases shall be applied for at least one month before the date on which the leave commences.

Note 2.-It is obligatory on the part of the authority recommending the leave to propose working arrangements during the leave, if so required.

Explanation I. If a Government servant is transferred to some other Department while on leave, he ceases, from the date transfer, to be on leave and to draw leave salary unless there are specific orders permit ting such Governments servant to assume charge of the new post after expiry of the leave sanctioned.

Explanation II. If a Government servant takes leave while in transit on transfer from one post to another, the period which has elapsed since he handed over charge of his old post must be included in his leave. On the expiry of the leave, the Government servant may be allowed normal joining time.

Explanation III.-When a Government servant officiating in a higher post under rule 39 of chapter VII of the Sikkim Government Service Rules, 1974 proceeds on leave, he is to be treated as continuing to hold that higher post during his leave for the purposes of drawal of leave salary and other allowances.

Rule - 11. Combination of Holidays with Leave.

(1)     When the day immediately preceding the day on which a Government servants leave being or the day immediately following the day on which his leave expires, is a holiday or one of the series of holidays, the Government servant shall be deemed to have been permitted (except in cases where for administrative reasons permission for prefixing or suffixing holidays to leave is specifically withheld) to leave the place of his posting at the close of the day before or return to it on the day following such holiday or the series of holidays.

(2)     Unless the authority competent to grant leave in any case otherwise directs-

(a)      If holidays are prefixed to leave, the leave and any consequent rearrangements of pay and allowances shall take effect from the day after the holidays; and

(b)      if holidays are suffixed to leave, the leave is treated as having terminated and any consequent rearrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.

Explanation I.-The holidays falling in between a spell of leave shall be counted as part of leave.

Explanation II.-Where charge allowance has been sanctioned to a substitute, the charge allowance shall be admissible of the period of holidays prefixed and/or suffixed.

Rule - 12. Recall to duty before expiry of Leave.

(1)     Where a Government servant is recalled to duty in the interest of public service before expiry of the leave, such recall to duty shall be treated as compulsory in all cases.

(2)     The Government servant who is so recalled to duty before expiry of leave shall be allowed travelling allowances admissible as on official tour from the place alt which he receives such orders to the place to which he is recalled. The actual period covered by the journey shall be treated as duty but during such period he shall draw emoluments equal to the leave salary only.

(3)     The unavailed portion of leave shall be cancelled and credited to his leave account.

Rule - 13. Return from Leave.

(1)     A Government servant on leave shall not return to duty before the expiry of the period of leave granted to him is permitted to do so by the authority which granted him leave. On return from leave he shall submit, in duplicate, a report in Form II.

(2)     Notwithstanding anything contained in sub-rule (1), a Government servant on leave preparatory to retirement shall be precluded from returning to duty, save with the prior approval in writing of the authority competent to appoint him to the post from which he proceeded on leave preparatory to

(3)     A Government servant who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness in Form III.

Rule - 14. Absence after expiry of leave.

(1)     Unless the authority competent to grant leave extends the leave, a Government servant which remains absent after the end of leave, with or without application, is entitled to no leave salary for the period of such absence and that period shall be treated as extraordinary leave.

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

Note. Where the facts and circumstances of the case so warrant, disciplinary action shall be taken for contravention of this rule for unauthorised absence from duty or overstayal of leave even for one day, treating it as misconduct.

Rule - 15. Combination Of different Kinds of Leave.

Except as otherwise provided in these rules, any kind of leave under these rules may be granted by the competent authority in combination with or in continuation of any other kind of leave.

Explanation.-Casual leave which is treated as duty under these rules shall not be combined with any other kind of leave admissible under these rules. Where a leave admissible under these rules has preceded or immediately followed by the casual leave the period of casual leave shall be converted into leave of the kind that has been sanctioned for the period preceding or succeeding such casual leave.

Rule - 16. Maximum amount of Leave Admissible.

(1)     The maximum amount of earned leave on full pay granted in any one spell shall not exceed 120 days unless otherwise provided in these rules.

(2)     The maximum amount of half pay leave sanctioned in one spell shall not exceed

(3)     The total continuous period of absence on leave shall not exceed 1080 days in one spell:

Provided that no leave shall be granted to a Government servant placed under suspension.

Rule - 17. Earned Leave for Government Servants Serving in Departments Other than the Vacation Department.

(1)     Save as otherwise provided in rule 27, all Government servants shall be eligible for earned leave on full pay to the extent of one-eleventh of the period spent on duty.

(2)     In addition, a Government servant shall be entitled to half pay leave of 20 days in respect of each completed year of service which may be granted on medical certificate or on private affairs

Note. A Government servant shall cease to earn or accumulate leave under sub-rule (1) above when the earned leave art: credit exceeds 180 days.

Rule - 18. Calculation Of earned Leave.

In calculating earned leave referred to in sub-rule (1) of rule 17, the actual number of days of duty shall first be counted and then multiplied by 1/11 and the product expressed in days. The fraction in the earned leave shall be rounded off to the nearest day, that is fraction below half a day shall be ignored and that fraction exceeding half a day or more shall be reckoned as one day.

Rule - 19. Commutted Leave (Medical Leave).

(1)     Commutted leave may be granted to a Government servant including employees working in the vacation Department not exceeding half the period of half pay leave at his credit, subject to the following conditions namely:-

(a)      the leave shall be granted on the sickness of the Government servant or his family;

(b)      the Government servant's half pay leave at credit shall be debited with twice the number of days of commutted leave thus granted;

(c)      such leave shall be granted only on the basis of a medical certificate;

(d)      the maximum amount of commutted leave granted shall not exceed 240 days, that is 480 days of half pay leave, during the entire service;

(e)      commutted leave under this rule may be granted to a Government servant if he applied for it, even though he has earned leave at his credit.

Rule - 20. Extraordinary Leave.

(1)     When no other kind of leave is admissible, or when other kinds of leave are due and admissible but the Government servant applies in writing for the grant of extraordinary leave, the authority competent to grant leave, if satisfied that the leave applied for is on account of unavoidable reasons, may grant to the Government servant extraordinary leave, subject to the provisions of rule 16. Such leave may be granted in combination with or in continuation of any other kind of leave that is due and admissible.

(2)     The authority competent to grant leave shall also have the discretion to convert period of absence without leave like overstayal of leave, joining time, into extraordinary leave, even when any other kind of leave was due and admissible at the time the absence without leave commenced.

(3)     Extraordinary leave is not debited to the leave account, but the period of absence on such leave shall be recorded in the remarks column of the leave account in order that such period may not inadvertently be treated as duty later on.

(4)     During extraordinary leave, the Government servant shall continue to hold lien to the post or grade from which he proceeded on leave.

(5)     No leave salary or other emoluments shall be admissible during extraordinary leave.

Rule - 21. Maternity Leave.

(1)     The authority competent to grant leave may grant to a female Government servant maternity leave on full pay for a period not exceeding 60 days from the date of its commencement.

(2)     Every application for maternity leave shall be supported by a medical certificate or by certificate by the immediate superior officer under whom she has been wonting at the time of application for maternity leave.

(3)     Maternity leave may be combined with leave of any other kind, but any leave applied for in continuation of the former may be granted only if the request is supported by a medical certificate.

(4)     Maternity leave may also be granted in case of miscarriage, including abortion, subject to the conditions that:

(a)      the leave shall not exceed 30 days;

(b)      the application for the leave is supported by a medical certificate certifying the actual occurrence of the miscarriage or abortion.

(5)     The maternity leave shall not be debited against the leave account.

Rule - 22. Study Leave.

(1)     At the discretion of the Government study leave upto a maximum period of 720 days may be granted with due regard to the exigencies of Government service to a Government servant who has rendered less than one year's service and who has been sponsored by the Government considering the actual need of the department, to enable him to undergo, in or out of India, a special course consisting of higher studies specialised training in a professional or technical subject having a direct or close connection with the sphere of his duty.

(2)     A Government servant who is due to retire within 10 years may not, however, be granted study leave.

(3)     The Government servant concerned must execute a bond in Form V giving an undertaking to continue to serve the Government for such period as may be fixed by the Government on the expiry of such leave or to refund the entire expenditure incurred by the Government during the period of study leave.

(4)     A Government servant granted study leave under sub-rule (r) shall be entitled during the period of such leave to draw a study leave allowance equivalent to the leave salary admissible during period of half pay leave. The period of study leave shall not be debited to the leave account.

(5)     The Government may cancel any portion of study leave granted and may require the Government servants to return to his post if the progress of the study for which leave was granted is found to be unsatisfactory or if the exigencies of Government service so warrant.

Note.-A Government servant who has not completed one year's service or who has been nominated of selected for a course which has no direct or close connection with the sphere of his duty may be granted study leave without study leave allowance or leave salary. In such a case the sponsoring Department may decide the quantum of financial assistance to be extended in consultation with the Finance Department.

Rule - 23. Special Disability Leave for Accidental Injury.

(1)     A Government servant who is disabled by injury accidentally incurred in, or in consequent of performance of his official duties or in consequence of his official position, or by illness incurred in the performance of any particular duty, which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the post which he holds, may be granted special disability leave.

(2)     Special disability leave shall not be debited against the leave account.

(3)     Special disability leave may be granted for not more than 720 days for any one disability

(4)     The period of leave granted shall be such as is certified by a Medical Board constituted by the Secretary, Health Department, through a general order.

(5)     Special disability leave may be combined with leave of any other kind admissible under these rules. During special disability leave, only half the salary drawn immediately before the grant of the leave under sub-rule (1) shall be admissible.

Rule - 24. Quarantine Leave.

Where in consequence of the presence of an infectious disease in the family or household of a Government servant at his place of duty, residence or sojourn, his attendance at his office is considered ha-hardous to the health of other Government servants, such Government servant may be granted quarantine leave

Explanation I. The presence of an infectious disease should be certified by a Government Medical Officer.

Explanation II. The period of Quarantine leave shall be as advised by the Government Medical Officer.

Explanation III. For the purpose of this rule "infectious disease" means Cholera, Small-pox, Plague, Diphtheria, Typhoid fever, Cerebrospinal Meningitis and any other disease which may hereafter be declared as infectious disease by the Director of Health Services.

Explanation IV. Quarantine leave may be granted on the certificate of a Medical Officer for a period not exceeding 30 days. During the quarantine leave, a Government servant is entitled to his normal salary.

Rule - 25. Departmental Examination Leave.

A Government servant absent from his office or from his headquarters with the prior permission of the authority to attend an obligatory departmental examination may be granted departmental examination leave, which shall be treated as on duty, for the day or days of examination including any reasonable period that may be required for the journey to and from the place of examination.

Rule - 26. Examination Leave.

(1)     Examination leave may be allowed to a Government servant to appear at a recognised examination conducted by a Secondary Board of Education or University. The authority competent to grant leave should satisfy itself that the Government servant has actually appeared at the examination in respect of which such leave is granted:

Provided that no examination leave under this sub-rule shall be granted to a leave substitute to a Government servants who has not rendered a minimum period of one year's service.

(2)     In case of break other than Gazetted holidays fallings in between, the day of examinations, period of such break-

(a)      exceeding two days when the examination is held at the place where a Government servant is posted; or

(b)      exceeding four days when the examination is held outside the place where the Government servant is posted, Shall be tested as leave of the kind due to the credit of a Government servant if he fails to return to duty the period.

(3)     At the discretion of the authority competent to grant leave, such leave may be allowed to adjusted or combined with any other kind of leave admissible.

Rule - 27. Earned Leave for Persons Serving in Vacation Department.

(1)     No earned leave on full pay to a Government servant serving in a vacation department shall be admissible.

Explanation I. Office staff, peons and sweepers whose services are continuously required and cannot by regular vacation will be treated as belonging to the non-vacation department but cooks and such other employees who avail of regular vacation shall be treated as belonging to the vacation department.

Explanation II.-Government servants serving in vacation departments are, however, eligible for leave on pay at the same rate as admissible under sub-rule (2) of Rule 17.

(2)     If a Government servant serving in a vacation department is, by general or special orders of Government, prevented from availing himself of the whole or part of a vacation by reason of his having to per-from such duties as are allotted to by the Head of the Department continuously during the period of regulate vacation, shall be eligible to earned leave under sub-rule (1) of rule 17 provided that it is certified by the Head of the Department that such refusal of vacation is in the exigencies of Government service.

(3)     Duty, for the purpose of sub-rule (2), shall be the actual period during which he was required to be on duty during the vacation.

(4)     A Government servant transferred from a non-vacation department to a vacation department shall be eligible to avail himself of the earned leave which was at his credit at the time of such transfer

(5)     A Government servant transferred from a vacation department to a non-vacation department shall be eligible to avail himself of the half pay leave which was at his credit at the time of such transfer.

(6)     If a Government servant is transferred from a vacation department to a non-vacation department, he shall be entitled to the earned leave to the extent specified in sub-rule (1) of the Rule 17 from the date on which he joins such non-vacation department. The leave, if any, earned by such Government servants while serving in the vacation department shall also be credited to his leave account.

Rule - 28. Leave Preparatory to Retirement.

(1)     A Government servant may be permitted to take leave preparatory to retirement to the extent of leave due, not exceeding 180 days together with half pay leave due, subject to the condition that such leave extents upto and includes the date of retirement.

(2)     In case the leave under sub-rule (1) is refused to the government servant in public interred then he may be granted, from the date of retirement, the amount of earned leave so denied, increased by the amount of earned leave earned by him during the period between the date of which leave preparatory to retired ment was to commence and the date of retirement, and decreased by such leave, if any, availed of during the same period, subject to the maximum limit of 180 days.

(3)     Except as provided in sub-rule (2), all leave at the credit of a Government servant shall lapse on the date of his superannuation unless the service of the Government servant is extended in the interested of public service under rule 100 of the Sikkim Government Service Rules, 1974.

(4)     Where a Government servant who is on deputation with any local body, corporation of company wholly or substantially owned or controlled by the State Government of Sikkim or a body controlled financed by the Government of Sikkim (hereinafter referred to as the borrowing organisation) applies for leave preparatory to retirement, the decision to grant or refuse such leave shall be taken, by the borrowing organisation with the concurrence of the Government of Sikkim.

(5)     Where a Government servant referred to in sub-rule (4) has been refused the leave, such Government servant shall avail of the leave to the extent admissible under sub-rule (2).

Rule - 29. Special Concessions to Government Servants Suffering from Tuberculosis or Cancer.

(1)     Notwithstanding anything contained in rule 16, a Government servant who is in regular services and has completed a minimum period of one year and suffers from tuberculosis or cancer shall be eligible for the following special concessions, namely:-

(a)      the entire period of earned leave and half pay leave at his credit at the time the leave is applied for on grounds of either of these disease;

(b)      after the leave as mentioned under clause (a) is exhausted, special leave for a period not exceeding 240 days:

Provided that the total continuous leave as under clauses (a) and (b) shall not exceed 840 days

Note.-During the period when the Government servant is on special leave specified in clause (b), he may be paid the subsistence allowance at the following rates-

(i)       fifty percent of the actual pay drawn immediately before the commencement of leave; and

(ii)      full allowances admissible on such pay.

(2)     Leave under this rule may be combined with any other kind of leave.

(3)     The above concessions shall be granted only if a Medical Board constituted by the Secretary, Health Department through a general order, certifies that the Government servant has been actually suffering from any of the diseases mentioned in sub-rule (1).

Rule - 30. Casual Leave.

(1)     Casual leave may be granted to a Government servant for a total period of 10 days in a Calendar year, for personal reasons, provided that it shall not cause any evasion of the rules regarding-

(a)      date of commencement of pay and allowances;

(b)      date of assumption of charge of office;

(c)      commencement and end of regular leave;

(d)      date of return to duty;

(e)      extension of the period of leave beyond already sanctioned.

Explanation I-Heads of Departments or Heads of Offices may grant casual leave. The Chief Secretary may grant casual leave to Secretaries/Heads of Departments. The authority competent to grant casual leave shall ensure that casual leave applied for is proportionate with the period of duty actually rendered by a Government servant and is for unavoidable reasons. The authority granting casual leave shall maintain proper accounts for casual leave.

Explanation II.-Gazetted holidays falling in between a spell of casual leave shall not be counted as part of the casual leave.

Explanation.-Substitutes appointed in leave vacancies shall not be entitled to any casual leave. In their cases leave applied for as casual leave shall be treated as leave without pay.

Rule - 31. Leave During a Period of Extension of Service.

Where the services of a Government servant has been extended in the interest of pubic service beyond the date of his retirement, such Government servant may be granted earned leave, subject to a maximum of 180 days, as follows:-

(i)       during the period of extension, any earned leave due in respect of that period of such extension and, to the extent necessary, the earned leave which could have been granted to him under sub-rule (2) of rule 28 had he retired on the date of retirement;

(ii)      after the expiry of the period of extension -

(a)      the earned leave which could have been granted to him under sub-rule (2) of rule 28, had he retired on the date of retirement decreased by the amount of such leave availed of during the period of extension; and

(b)      any leave earned during the period of extension as has been formally applied for as preparatory to final retirement in sufficient time during the extension and refused to him on account of the exigencies of the public service.

Rule - 32. Leave During a Period of Re-Employment after Retirement.

In the case of a Government servant re-employed after retirement, the provisions of these rules shall apply as if he had entered Government service for the first time on the date of his re-employment.

Rule - 33. Leave to Government Servants Compulsorily Retired.

A Government servant who is retired by the Government by giving him pay and allowances in lieu of notice, may be allowed also to encash the leave due at his credit on the date of issue of such notice excluding that period for which pay and allowances in lieu of notice have been allowed.

Rule - 34. Leave to Government Servants Seeking Voluntary Retirement.

A Government servant who seeks voluntary retirement by giving the required period of notice may apply before expiry of such notice, for the leave on full pay standing at his credit which may be granted to him to run concurrently with the period of notice. The period of full pay leave, if any, extending beyond the date of retirement of expiry of notice may be allowed as terminal leave and, at the option of the Government servants, may even be encashed.

Rule - 35. Acceptance of Employment During Leave.

Except during leave preparatory to retirement, a Government servant on leave shall not, without the previous sanction of the Government, accept any occupation which involves the receipt of remuneration of any kind.

Rule - 36. Cash Payment in Lieu of Unutilised Earned Leave on the Date Retirement.

The Government may sanction to a Government servant who retires from service under the Sikkim Government Service Rules, 1974, cash equivalent of leave salary in lieu of the period of earned leave full pay standing at his credit on the date of his retirement subject to a maximum of 180 days.

Rule - 37. Unutilised Earned Leave of the Deceased Government Servant.

Where a Government servant dies while in service, the cash equivalent of leave salary that deceased Government servant would have received immediately prior to his death had he availed himself earned leave at his credit subject to a maximum of 180 days, shall be paid to his family, in lieu of unutilised earned leave at the credit of the deceased Government servant.

Rule - 38. Concessions to Government Servants in Vacation Department.

The Government servants serving in the vacation departments may be granted the benefits provided for under rules 33, 34, 36 and 37 by converting the leave on half pay at credit into full pay by delinting their leave on half pay twice the number of days on full pay to the extent admissible under these rules.

Rule - 39. Encashment of Leave.

(1)     A Government servant including an employee serving in a vacation department who has completed a minimum service of three years on or before the commencement of these rules may, once in block of two calendar years, apply for encashment of leave for 30 days by surrendering an equivalent amount of earned leave from the amount of earned leave accrued and standing at his credit.

(2)     While surrendering the leave for the purpose of encashment, the earned leave of the Government servant shall be debited by 30 days in respect of employees serving in non-vacation department a 60 days in respect of employees serving in vacation department in the calendar year in which the encashment has been obtained.

Explanation I. For the purpose of this rule only earned leave shall be surrendered.

Explanation II.-The first block calendar year may be counted from the 1st day of January of the year One thousand nine hundred and eighty.

Explanation. III.-In case of Government servants who have not completed three years service the block calendar year shall start immediately on the completion of three years continuous service by the said Government servants.

Explanation IV.-The encashment may be availed of by a Government servant at any time during the block calendar years.

Rule - 40. Leave Salary.

(1)     A Government servant who proceeds on earned leave or commutted leave is entitled leave salary equal to the emoluments drawn immediately before proceeding on earned leave or commutted leave.

Explanation.-Emoluments include all allowances being drawn immediately before proceeding on leave, by the special pay or allowance being drawn, if any, by the Government servant proceeding on leave shall not be admissible if the period of leave exceeds 30 days at one stretch.

(2)     A Government servant on half pay leave is entitled to leave salary equal to half the pay full allowances being drawn immediately before proceeding on such leave subject to explanation to sub-rule Explanation.-Full allowances means the allowances calculated on the basis of the percentage of basic pay being drawn immediately prior to the departure on such leave notwithstanding the fact that only half, of the basic pay is being drawn during the leave on half pay.

(3)     A Government servant on extraordinary leave is not entitled to any leave salary.

Rule - 41. Advance of Leave Salary.

A Government servant proceeding on leave for a period not less than thirty days may be allowed advance of leave salary for a maximum of one month subject to the normal recoveries.

Rule - 42. Interpretation.

Where any doubt arises as to the interpretation of these rules, it shall be referred to the Government in the Establishment Department or decision.

Rule - 43. Power to Relax.

Where the Government is satisfied that the operation of any of these rules cause undue hardship any particular case, the Government may, by order, for reasons to be recorded in writing, dispense with relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner.

Rule - 44. Repeal and Saving.

(1)     On and from the commencement of these rules, Chapter X of the Sikkim Government service Rules, 1974, containing rules from 65 to 93 (both inclusive) and the leave account form appended thereto shall stand repealed.

(2)     Where on and from the commencement of these rules there is at the credit of any Government servant leave exceeding 180 days the leave in excess of 180 days shall lapse:

Provided that the State Government may by a separate order give such benefits as it may think in respect of leave in excess of 180 days.

(3)     Notwithstanding such repeal anything done or any action taken or any leave granted to a Government servant under the rules hereby repealed shall be deemed to have been done, taken or granted under the corresponding provisions of these rules or under the rules in force at the relevant time.