THE
ALL INDIA SERVICES (LEAVE) RULES, 1955
In exercise of the
powers conferred by sub-section (1) of section 3 of the All India Services Act,
1951 (LXI of 1951), the Central Government after consultation with the
Governments of the States concerned, hereby makes the following rules, namely:-
1. Short title.-
These rules may be
called the All India Services (Leave) Rules, 1955.
2. Definitions.-
In these rules,
unless the context otherwise requires:-
(a)
`commuted leave' means leave taken
under rule 13;
(b)
`completed year of service' means
continuous service of the specified duration under the Government and includes
periods spent on duty as well as on leave including extraordinary leave;
(c)
`duty' means duty as a member of the
Service and includes:-
(d)
service as probationer;
(e)
joining time;
(f)
such other periods as the Government
may, by general or special order, declare as `duty';
(g)
`earned leave' means leave earned under
rule 10;
(h)
`earned leave due' means the amount of
earned leave to the credit of a member of the Service on the date on which he
became subject to these rules calculated in accordance with the Government
rules by which he was governed immediately before that date plus the amount of
earned leave calculated as prescribed in rule 10 diminished by the amount of
earned leave taken after the date on which he became subject to these rules;
(i)
`foreign service' means service where a
member of the Service receives his pay with the sanction of the Government from
any source other than the Consolidated Fund of India or the Consolidated fund
of any State;
(j)
`Government' means :
(i)
in the case of member of the service
serving in connection with the affairs of the Union, the Central Government; or
(ii)
in the case of a member of the Service
serving under a foreign Government (whether on duty or on leave), the Central
Government; or
(iii)
in the case of a member of the Service
serving in connection with affairs of a State, the Government of that State; or
(iv) in the case of a member of the
Service on leave, the Government who sanctioned him the leave;
Provided that in the
case of a member of the service who is granted leave on expiry of his
deputation to the Central Government, another State Government or foreign
service, "Government" shall also include the Government of the State
on whose cadre he is borne.
Explanation : A member of the Service whose
services are placed at the disposal of any company, corporation, organization
or any local authority by the Central Government or the Government of a State
shall, for the purposes of these rules, be deemed to be a member of the Service
serving in connection with the affairs of the Union or the affairs of that
State, as the case may be, notwithstanding that his salary is drawn from
sources other than the Consolidated Fund of the Union or of that State :
(k)
`half pay leave' means leave earned
under rule 12 in respect of completed years of service;
(l)
`half pay leave due' means the amount
of half pay leave to the credit of member of the Service on the date on which he
became subject to these rules calculated in accordance with the Government
rules by which he was governed immediately before that date plus the amount of
half pay leave calculated as prescribed in rule 12 diminished by the amount of
half pay leave including twice the amount of commuted leave taken under these
rules;
(m)
`joining time' means the time allowed
to a member of the Service in which to join a new post or to travel to or from
station to which he is posted;
(n)
`leave' includes earned leave, half pay
leave, commuted leave, leave not due, extraordinary leave, study leave, special
disability leave, maternity leave or any other authorised leave of absence;
(o)
`leave salary' means the monthly amount
admissible to a member of the Service who has been granted leave under these
rules;
(p)
`member of the service' means a member
of "an All India Service" as defined in Section 2 of the All India
Services Act, 1951 (61 of 1951);
(q)
`month' means a calendar month;
Explanation: In calculating a period expressed in terms
of months and days, complete calendar months irrespective of the number of days
of which each such month may consist shall first be calculated and the odd
number of days calculated subsequently.
(r) [omitted].
3. Right of leave.-
(1)
Leave cannot be claimed as of right and
when the exigencies of public service, so demand, leave of any description may
be refused or revoked by the Government.
(2) It
shall not be open to the Government to compel any member of the Service to
proceed on leave or, except at the request of the member of the Service, to
alter the nature of leave due and applied for.
4. Earning of leave.-
Except as otherwise
provided in these rules leave shall be earned by duty only.
Explanation : For the
purpose of this rule, the period spent on foreign service counts as duty if on
account of such period contributions towards leave salary have been paid by the
foreign employer or the member of the Service or remitted by the Government.
5. Commencement and termination of leave.-
Leave ordinarily begins
on the day on which a transfer of charge is effected and ends on the day
preceding that on which such charge is resulted. Where joining time is allowed
to a member of the Service returning from leave out of India, the last day of
his leave is the day before the arrival at her moorings or anchorage in the
port of debarkation on which the aircraft in which he returns, arrives at its
first regular port in India:
Provided that the
Government may prescribe the circumstance in and conditions on which Sundays or
other public holiday may be prefixed or affixed (or both prefixed and affixed)
to leave.
6. Return to duty on expiry of leave.-
Except with the
permission of the authority which granted him leave, no member of the Service
on leave may return to duty before the expiry of the period of leave granted to
him.
7. Maximum period of absence from duty.-
(1)
No member of the Service shall be
granted leave of any kind for a continuous period exceeding five years.
(2)
[A
member of the Service shall be deemed to have resigned from the service if he-
(3)
[is
absent without authorization for a period exceeding one year from the date of
expiry of sanctioned leave or permission, or]
(4)
[is
absent from duty for a continuous period exceeding five years even if the
period of the unauthorized absence is for less than a year, or]
(5)
continues on foreign service beyond the
period approved by the Central Government:
Provided that a reasonable opportunity
to explain the reason for such absence or continuation on foreign service shall
be given to the member of the Service before the provisions of this sub-rule
are invoked:]
8. Combination of leave.-
Except as otherwise
provided in these rules, any kind of leave under these rules may be granted in
combination with or in continuation of any other kind of leave.
9. Grant of leave beyond the date of retirement.-
(1)
No leave shall be granted to a member
of the service beyond the date on which he retires from service under Rule 16
of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
(2)
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(3)
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(4)
The Government shall suo moto sanction
to a member of the service who is deemed to have retired from service under
sub-rule (1) of rule 5-A of the All India Services (Death-cum-Retirement)
Benefits Rules, 1958, the cash equivalent of leave salary in respect of the
period of earned leave at his credit on the deemed date of his retirement to
the extent permissible under the orders issued by the Central Government in
regard to the officers of the Central Civil Services Group A.
(5)
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10. Rate and amount of earned leave.-
(1) The
leave account of a member of the service shall be credited with 30 days earned
leave in a calendar year. This shall be done in advance in two installments of
15 days each on the 1st of January and July, every year.
[Provided
that the leave account of a member of the Service working in the North East or
who goes on inter-cadre deputation to a North Eastern State shall be credited
40 days earned leave in calendar year. This shall be done in advance in two
installments of 20 days each on the 1st of January and July, every year.]
(2)
The credit afforded under clause (a)
above shall be reduced by 1/10th of the period of extraordinary leave only
availed of during the previous half year, subject to a maximum of 15 days.
(3)
The earned leave at the credit of a
member of the service at the close of a half-year shall be carried forward to
the next half-year subject to the condition that the earned leave so carried
forward plus the credit for that half-year shall not exceed 300 days.
(4)
If a member of the Service is appointed
on or after the 1st of January of a year, earned leave shall be credited to his
leave account at the rate of 2-1/2 days for each completed calendar month of
service which he is likely to render in a half-year of the calendar year in
which he is appointed.
[Provided that earned leave shall
be credited to the leave Account at the rate of 3-1/3 days for each completed
calendar month of service for a member of the Service working in the North East
or on inter-cadre deputation to a North Eastern State.]
(5) The
credit for the half-year in which a member of the Service is due to retire or
resigns from Service shall be afforded only at the rate of 2-1/2 days per
completed calendar month in the half-year upto the date of retirement or
resignation. If the leave already availed of is more than the credit so due to
him necessary adjustment shall be made in respect of leave salary over drawn,
if any.
[Provided that the credit for the
half year in which a member of the Service working in the North East or on
inter-cadre deputation to a North Eastern State is due to retire or resign from
service shall be afforded at the rate of 3-1/3 days for each completed calendar
month.]
(6) When
a member of the service is removed or dismissed from the service or dies while
in service, credit of earned leave shall be allowed at the rate of 2-1/2 days
per completed calendar month upto the end of the calendar month preceding the
calendar month in which he is removed or dismissed from Service or dies in
Service. Where the quantum of earned leave is in excess of the leave, the
over-payment of leave salary shall be recovered in such cases.
[Provided that when a member of
the Service working in the North East Or on inter-cadre deputation to a North
Eastern State is removed or dismissed from the service, credit of earned leave
shall be allowed at the rate of 3-1/3 days for each calendar month.]
(7)
When a member of the Service joins a
new post without availing of full joining time by reason that-
(8)
he is ordered to join the new post at a
new place of posting without availing of full joining time to which he is
entitled; or
(9) he
proceeds alone to new place of posting and joins the post without availing full
joining time and takes his family later within the permissible period of time
for claiming traveling allowance for the family :
(10)
the number of days of joining time,
subject to a maximum of 15 days reduced by the number of days actually availed
of, shall be credited to his leave account as earned leave:
Provided that the
earned leave at his credit together with the unavailed joining time allowed to
be so credited shall not exceed 240 days.
(11)
[For the provisos in clauses (a),
(d), (e), (f), in sub-rule (1), "North East" or "North Eastern
State" shall mean North East cadres of Assam-Meghalaya, Manipur-Tripura,
Nagaland and Sikkim.]
(12)
While affording credit under Sub-rule
(1) fraction of a day shall be rounded off to the nearest day.
(13)
In the case of a State service officer
appointed to the All India Services the maximum limit on accumulation of leave
laid down in Clause (c) of Sub-rule (1) shall not apply during the period of
the first five years from the date of his appointment to the Service or from
that of the commencement of these rules, whichever is later, and such an
officer may be allowed during the said period of five years to avail himself of
the accumulated leave to his credit:
Provided that on the
expiry of the said period of five years the leave at the credit of the officer
in excess of the normal maximum limit of accumulation of leave laid down in
sub-rule (2) shall lapse:
Provided further that
he shall not earn leave during that period unless the accumulated leave at his
credit falls below 240 days.
11. Maximum leave admissible at a time.-
(1) Subject
to the provisions of Rule 9, the maximum earned leave that can be granted to a
member of the service at a time shall be 180 days:
Provided that earned
leave granted as preparatory to retirement shall be subject to a maximum of 300
days.
(2) Earned
leave may be granted to a member of the Service exceeding a period of 120 days
but not exceeding 180 days, if the entire leave so granted or any portion
thereof of is spent outside India, Burma, Ceylon, Nepal and Pakistan:
Provided that where
earned leave exceeding a period of 120 days is granted under this sub-rule, the
period of such leave spent in India shall not in the aggregate exceed 120 days.
12. Half pay leave.-
(1)
The half pay leave account of every
member of Service shall be subject to the provisions of sub-rule (2), 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.
(2)
The leave shall be credited to the said
leave account at the rate of 5/3 days for each completed calendar month of
service which he is likely to render in the half year of the calendar year in
which he is appointed.
(3)
The credit for the half year in which a
member of Service is due to retire or resigns from the service shall be allowed
at the rate of 5/3 days per completed calendar month upto the date of
retirement or resignation.
(4)
When a member of the Service is removed
or dismissed from service or dies while in service, credit of half pay leave
shall be allowed at the rate of 5/3 days per completed calendar month upto the
end of the calendar month proceeding the calendar month in which he is removed
or dismissed from service or dies in service.
(5) The
leave under this rule may be granted on medical certificate or on private affairs.
13. Commuted Leave.-
(1)
Commuted leave not exceeding half the
amount of half-pay leave due may be granted on medical certificate to a member
of the Service subject to the condition that twice the amount of such leave
shall be debitable to the half pay leave due.
(2)
Commuted leave for a period not
exceeding ninety days may be granted to a member of the Service during his
entire service when such leave is availed of for course of study which is
certified to be in public interest by the Government.
(3)
No commuted leave may be granted under
this rule unless the Government has reason to believe that the member of the
Service will return to duty on its expiry.
(4) Where
a member of the Service who has been granted commuted leave resigns from
service or, at his request, is permitted to retire voluntarily without
returning to duty, the commuted leave shall be treated as half-pay leave and
the difference between leave salary in respect of commuted leave and half-pay
leave shall be recovered. Provided that no such recovery, shall be made if the
retirement is by reason of ill-health incapacitating the member of the Service
for further service or in the event of his death.
14. Leave not due.-
(1)
Save in the case of leave preparatory
to retirement leave not due may be granted to a member of the Service for a
period not exceeding 360 days during his entire service [*????? *??????? *
] on medical certificate.
(2)
Leave not due shall not be granted to a
member of the Service unless the Government is satisfied that as far as can be
reasonably foreseen, he will return to duty and earn an equal amount of
half-pay leave. Leave not due shall be debited against the half pay leave the
member of the service may earn subsequently.
(3)
A member of the Service who is
invalidated during the currency of or at the end of a period of leave not due,
shall be retired from the date of expiry of such leave not due.
(4) Where
a member of the Service who has been granted leave not due under this rule
applies for and is granted permission to retire, the leave not due shall be
cancelled and his retirement shall have effect from the date on which such
leave commenced.
15. Extraordinary Leave.-
(1)
Subject to the provisions of rule 7,
extraordinary leave may be granted to a member of the Service in the following
special circumstances, that is to say-
(a)
When no other kind of leave is
admissible; or
(b)
When any other kind of leave is
admissible but the member of the Service applies in writing for the grant of
extraordinary leave.
(2)
Government may retrospectively convert
periods of absence without leave into extraordinary leave even when any other
kind of leave was admissible at the time when absence without leave commenced.
(3) Extraordinary
leave shall not be debited to the leave account.
16. Special disability leave.-
(1)
Special disability leave, which may be
combined with leave of any other kind, may be granted to a member of the
Service under such conditions as may be prescribed in the regulations made in
this behalf by the Central Government in consultation with the State
Governments concerned.
(2)
Such leave shall not be debited to the
leave account except as provided in sub-rule (6) of rule 20.
(3)
Such leave may be granted on more than
one occasion if the disability is aggravated or reproduced in similar
circumstances on a later date but not more than twenty-four months of such
leave in all shall be granted in consequence of any one disability.
(4) When
a member of the service suffers an injury while on service under the Armed
Forces, any period of leave granted under the leave rules, applicable in the
Armed Forces in respect of that injury shall be treated as leave granted under
this rule.
17. Study Leave.-
(1)
Study leave may be granted to a member
of the Service on such terms as may be prescribed in the regulations made in
this behalf by the Central Government in the consultation with the State
Governments concerned to enable him to undergo, in India or out of India a
special course of study or instructions approved by the Government in public
interest.
(2) Such
leave shall not be debited to the leave account.
18. Maternity leave.-
(1)
Maternity leave may be granted to a
woman member of the Service with less than two surviving children on full pay
upto a period of 135 days from the date of its commencement. During such
period, she shall be paid leave salary equal to the pay drawn immediately
before proceeding on leave.
(2)
Such leave shall not be debited to the
leave account.
(3)
Maternity leave may be combined with
leave of any other kind. Notwithstanding the requirement of production of
medical certificate contained in rule 13 and rule 14, leave of the kind due and
admissible (including commuted leave for a period not exceeding 60 days and
leave not due) upto a maximum of one year may, if applied for, be granted in
continuation of maternity leave granted under sub-rule (1).
(4)
Maternity leave may be granted in cases
of miscarriage including abortion subject to the condition that the leave
applied for does not exceed six weeks and the application for leave is
supported by a medical certificate.
18-A. Leave to female Government Servant on adoption of child.-
A female Government
servant on her adopting a child, may be granted leave of the kind due and
admissible (including commuted leave without production of medical certificate
for a period not exceeding 60 days and leave not due) upto one year subject to
the following conditions:
(i)
The facility will not be available to
an adoptive mother already having two living children at the time of adoption;
(ii)
The maximum admissible period of leave
of the kind due and admissible will be regulated as under:
(iii)
If the age of the adopted child is less
than one month, leave upto one year may be allowed.
(iv)
If the age of the child is six months
or more, leave upto 6 months may be allowed.
(v)
If the age of the child is 9 months, or
more leave upto 3 months may be allowed.
[9][18 (B) Paternity Leave.-
(1) A
male member of the Service (including a probationer) with less than two
surviving children, may be granted paternity leave by an authority competent to
grant leave for a period of 15 days, during the confinement of his wife for
childbirth, i.e., up to 15 days before, or upto to six months from the date of
delivery of the child.(2) During such period of 15 days, he shall be paid leave
salary equal to the pay drawn immediately before proceeding on leave,(3) The
paternity leave may be combined with leave of any other kind.(4) The paternity
leave shall not be debited against the leave account.(5) If paternity leave is
not availed of within the period specified in sub-rule (1), such leave shall be
treated as lapsed." Note:--The paternity leave shall not normally be refused
under any circumstances.]
19. Conversion of one kind of leave into another kind.-
(1)
At the request of a member of the
Service, the Government may convert any kind of leave retrospectively into
leave of a different kind which may be admissible, but the member of the
Service cannot claim such conversion as a matter of right.
(2) If
one kind of leave is converted into another the amount of leave salary
admissible shall be recalculated and arrears of leave salary paid or amounts
overdrawn recovered, as the case may be.
20. Leave Salary.-
(1)
A member of the Service on earned leave
is entitled to leave salary equal to the pay drawn immediately before
proceeding on earned leave,
(2)
A member of the Service on half pay
leave or leave not due is entitled to leave salary equal to half the amount
specification in sub-rule (1).
(3)
A member of the Service on commuted
leave is entitled to leave salary equal to the amount admissible under sub-rule
(1).
(4)
A member of the Service on
extraordinary leave is not entitled to any leave salary.
(5)
A member of the Service on special
disability leave shall be entitled, in respect of the initial period of 120
days, to leave salary in accordance with sub-rule (1).
(6)
In respect of special disability leave
beyond the initial period of 120 days, leave salary equal to the amount specified
in sub-rule (1), may be granted at the option of the member of the Service for
a further period limited to the number of days of earned leave due to him in
which case the earned leave account shall be debited with half the number of
days for which leave salary is granted under this sub-rule.
(7) The
leave salary during special disability leave in respect of any period not
covered by sub-rules (5) and (6), shall be at the rate specified in sub-rule
(2).
20-A. Payment of cash equivalent of leave salary in case of retirement or death.-
(1)
Where a number of the members retire
from the service, whether on attaining the age of superannuation under
sub-rule(1), of Rule 15 or sub-rule(2), (2-A) or (3) of rule 16, of the All
India services (Death-cum-Retirement Benefits) Rules, 1958 or dies, the
Government shall suo-motu sanction to him or his family, as the case may be,
cash equivalent of leave salary in respect of the earned leave (subject to a
maximum of 300 days including the number of days of earned leave in respect of
which encashment has been made under Rule 20-C) and half pay leave standing to
his credit on the date on which he ceases to be a member of the Service and pay
the same in lump sum as a one time settlement.
(2)
The cash equivalent shall be equal to the
leave salary as admissible for earned leave and/or equal to the leave salary as
admissible for half pay leave plus dearness allowance admissible on the leave
salary for the first 300 days.
(3)
The cash equivalent of leave salary
payable to a member of the service under sub-rule(1) shall also include
dearness allowance but shall not include any other allowances.
(4) The
cash equivalent of leave salary for earned leave payable under sub-rule (1)
shall be calculated as follows:
|
Cash
payment in lieu of earned leave component =
|
Pay
admissible on the date of retirement/death Dearness Allowance
admissible thereon
|
Number
of days of unutilised earned leave at credit upto a maximum of 300 days
|
|
|
----------------------------------------------X
30
|
(5) The leave salary payable for the Half Pay
Leave component under sub-rule (1), shall be calculated as follows:
|
Cash
payment in lieu of Half Pay Leave component
|
Half
Pay Leave Salary on the date of retirement/death plus Dearness Allowance
admissible minus pension Pensions equivalent of gratuity and relief on
pension if D.A. is admissible on HPL
|
?
Number
of days Half Pay Leave due:
|
|
|
----------------------------------------------X
30
|
Provided that if as per such calculation of cash
equivalent of Half Pay Leave at credit, an amount becomes due from a member of
the service, no recovery shall be effected and no
amount shall be deemed to be due from him to the Government for the purpose of
this Rule.
(6) A
member of the service, who has been permitted by the State Government to
voluntarily retire from service while under suspension or who is retired by the
Central Government in Public Interest while under suspension shall be paid cash
equivalent of leave salary under sub-rule (1) in respect of the period of leave
at his credit on the date of his retirement from service provided that in the
opinion of the authority competent to order reinstatement the members of the
service has been fully exonerated and the suspension was wholly unjustified.
(7)
?Rules 20-B and 20-C
shall be omitted.
(8)
?Rule 20-D shall be
re-numbered as Rule 20-B.
20-B. Payment of cash equivalent of leave salary to a member of service who resigns from service-
The Government shall
suo motu sanction to a member of the service who resigns from the service the
cash equivalent of leave salary in respect of earned leave at his credit on the
date of cessation of service, to the extent of half of such leave at his
credit, subject to a maximum of 150 days including the number of days of earned
leave in respect of which encashment has been made under Rule 20-C.
20-C. Encashment of earned leave at the time of availing Leave Travel Concession :-
(1)
A member of the Service may be
sanctioned encashment of ten days of earned leave out of the total earned leave
at his credit while availing and leave travel concession if ?
(i)
the total earned leave encashed under
this rule during the entire service of such member does not exceed sixty days;
(ii)
such member of service avails himself
of earned leave for a period at least equivalent to the period for which
encashment is availed of;
(iii)
a balance of at least thirty days?
earned leave remains at the credit of the member of the Service after availing
of the earned leave during leave travel concession.
21. Accepting any service or employment while on leave:-
(1) A
member of the service on leave shall not take any service or accept any
employment without obtaining the permission of the Government:
Provided that a
member of the Service who has been granted permission to take any service or
accept any employment during leave preparatory to retirement shall be precluded
from withdrawing his request for permission to retire and from returning to
duty.NOTE.- This rule does not apply to casual literary work or service as an
examiner or similar employment.
(2) The
leave salary of a member of the service who is permitted to take up employment
during leave preparatory to retirement shall be subject to such restrictions as
the Central Government may by general or special order, prescribe.
22. Recall of a member of the service while on leave.-
A member of the
service who is recalled to duty before the expiry of the leave granted to him
shall be entitled-
(a)
if the leave from which he is recalled
is out of India-
(b)
to receive a free passage to India, and
provided that he has not completed half that period of his leave by the date of
leaving for India on recall or 90 days whichever period is shorter, to receive
a refund of the cost of his passage from India;
(c)
to receive traveling allowance,
admissible to him as a member of the Service in respect of the journey from the
port of debarkation to the station to which he is posted;
(d)
to count the time spent on the voyage
to India as duty for purpose of calculating leave; and
(e)
to receive leave salary during the
voyage to India, and for the period from the date of landing in India to the
date of joining his post, to be paid leave salary at the same rate at which he
would have drawn it had he not been recalled but returned in the ordinary
course on the termination of his leave.
(f)
If the leave from which he is recalled
is in India, to be treated as on duty from the date on which he starts for the
station to which he is ordered and to draw traveling allowances admissible to
him as a member of the Service for the journey but to draw until he joins his
post, leave salary only.
Explanation.- For
purpose of this rule leave out of India has the same meaning as given in sub-rule
(2) of rule 11.
23. Rejoining of duty on return from leave on medical grounds.-
No member of the
Service who has been granted leave on medical certificate shall return to duty
without first producing a medical certificate of fitness in such form as the
Government may, by order, prescribe. A similar certificate may be required in
the case of a member of the Service who has been granted leave for reasons of
health, even though such leave was not actually granted on a medical
certificate.
24. Overstayal after expiry of leave.-
(1) A
member of the Service who remains absent at the end of his leave is entitled to
no leave salary for the period of such absence and that period shall be debited
to his leave account as though it were leave on half pay, unless his leave is
extended by the Government. Willful absence from duty after the expiry of leave
may render a member of the Service liable to disciplinary action.
25. Effect of transfer to foreign service while on leave.-
A member of the Service
transferred to foreign service while on leave ceases, from the date of such
transfer, to be on leave and shall not be entitled to draw leave salary from
the date.
26. Regulation of leave during foreign service in India.-
(1)
A member of the Service who is on
foreign service in India shall not be granted leave otherwise than in
accordance with these rules and shall not be entitled to avail himself of leave
or draw leave salary from Government unless he is actually relieved of his duty
under the foreign employer and proceeds on leave.
(2) If
a member of the Service avails himself of leave to which he is not entitled, he
may be required to refund leave salary irregularly drawn and in the event of
his refusing to refund he shall forfeit previous service under the Government
and shall cease to have any claim on the Government in respect of either
pension or leave salary.
27. Regulation of leave during foreign service out of India.-
(1)
A member of the Service on foreign
service out of India may be granted leave by his foreign employer on such
conditions as the employer may determine. In any individual case, the authority
sanctioning foreign service may determine before-hand in consultation with the
employer, the conditions subject to which such leave may be granted by the
employer. The leave salary in respect of such leave granted by the employer
will be paid by the employer and such leave shall not be debited to the leave
account of the member of the Service.
(2)
In special circumstances, the authority
sanctioning a transfer to foreign service out of India may make arrangements
with the member of the Service or the foreign employer under which leave may be
granted to a member of the Service in accordance with these rules if the
foreign employer or the member of the Service pays to the Consolidated Fund of
India leave contribution at such rate as the Central Government may, by general
or special order, prescribe.
Note.- In the case of
a member of the service who remains on foreign service, out of India and who,
on reversion immediately takes leave under these rules, the leave salary shall
be calculated in accordance with rule 20 of these rules. The pay, which the
member of the service would have drawn if on duty in India but for foreign
Service out of India shall be taken as the pay actually drawn for the purpose
of calculating leave salary.
28. Leave salary contribution while on foreign service in India.-
(1)
While a member of the Service is on
foreign service in India contributions towards the amount of leave salary shall
be paid to the Government concerned on his behalf.
(2)
The contribution due under sub-rule (1)
shall be paid by the member of the Service himself unless the foreign employer
agrees to pay them.
(3)
The rates of contribution payable under
this rule shall be such as the Central Government may by general or special
order prescribe.
(4)
The Government may, by general or
special order, remit the contributions payable under this rule in any specific
case or class of cases.
(5)
A member of the Service on foreign
service may not elect to withhold contributions and to forfeit the right to
count as duty in Government service the time spent in foreign employ.
(6)
Neither the member of the Service nor
the foreign employer has any right of property in a contribution paid and no
claim for refund shall be entertained.
Explanation.- For the
purpose of calculating the rate of leave salary admissible the pay drawn in
foreign service, less in the case of the member of the Service paying his own
contribution, such part of pay as may be paid as contribution, shall count as
pay.
29. Extent of leave admissible to a probationer in case of termination of service.-
If for any reason it
is proposed to determine the services of a member of the Service on probation,
any leave which may be granted to him shall not extend beyond the date on which
probationary period already sanctioned or extended expires, or any earlier date
on which his services are terminated by an order of the Central Government.
30. Counting of former service for leave in case of reinstatement after dismissal or removal or compulsory retirement from service.-
A member of the
Service who is dismissed or removed or compulsorily retired from the Service
but is reinstated on appeal or revision under the relevant provisions of the
All India Services (Discipline and Appeal) Rules, 1955, shall be entitled to
count his former service for leave.
31. Procedural instructions.-
(1)
A leave account shall be maintained in
respect of each member of the Service.
(2)
Subject to any general or special order
that may be issued by the Central Government, if necessary in consultation with
the Comptroller and Auditor-General of India, the Government may prescribe the
procedure to be followed in regard to-
(3)
making of application for leave and
permission to return from leave;
(4)
granting of leave; and
(5) the
payment of leave salary.
32. Relaxation of the provisions of the rules in individual cases.-
Where the Government
is satisfied that the operation of any of these rules causes or is likely to
cause undue hardship to a member of the Service, it may, after recording its
reasons for so doing and notwithstanding anything contained in any of these
rules, deal with the case of such member in such manner as may appear to it to
be just and equitable:
Provided that the
case shall not be dealt with in any manner less favourable to such member than
that prescribed in these rules.
33. Interpretation.-
If any question
arises as to the interpretation of these rules, the Central Government shall
decide the same.
34. Repeal.-
All rules
corresponding to these rules and in force immediately before the commencement
of these rules are hereby repealed:
Provided that any
order made or action taken under the rules so repealed shall be deemed to have
been made or taken under the corresponding provisions of these rules.
(a)
is
absent without authorization for a period of one year; or"
(b)
remains
absent from duty for a continuous period of five years, with or without leave;
or"
"18-B. Paternity Leave.-
A male member of the
Service with less than two surviving children may be granted paternity leave
for a period not exceeding fifteen days during the confinement of his wife:
Provided that
notwithstanding anything contained in Rule 3, paternity leave under
this rule shall not ordinarily be refused."