THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION EMPLOYEES (LEAVE) REGULATIONS, 1963

PART -I

Preliminary

Regulation - 1. Short title.

These regulations may be called the Andhra Pradesh State Road Transport Corporation Employees (Leave) Regulations 1963.

Regulation - 2. Definitions.

In these Regulations. unless the context otherwise requires-

(i)       'Act "means the Road Transport Corporations Act, 1950 (Central Act 64 of 1950).

(ii)      'apprentice' means a person deputed for training in a trade or business with a view to his subsequent employment in a post in the Class III Service of the Corporation and who draws an allowance at monthly rates from the Corporation during such training ;

(iii)     Financial Adviser and 'Chief Accounts Officer' Means the Financial Advisor and 'Chief Accounts Officer' of the Corporation ;

(iv)    'Managing Director' means the Managing Director of the Corporation;

(v)      commuted leave' means leave taken under Regulation 37 ;

(vi)    'competent authority' in relation to the exercise of any power conferred by these regulations means the Corporation or any other authority authorized in that behalf by a regulation or by a resolution of the Corporation subject to such conditions and limitations, if any: as may be specified;

(vii)   'competent medical officer' means the medical officer of the Corporation authorised to issue a sick certificate to an employee under these regulations or any other medical officer of the Central or State Government approved by the Corporation in this behalf;

(viii)  'Completed years of service' means continuous service of the specified duration under the Corporation and includes periods spent on duty as well as on leave including extraordinary leave ;

(ix)    'Corporation' means the Andhra Pradesh State Road Transport Corporation established by the Government of Andhra Pradesh under Section 3 of the Act.

(x)      'day' means a period of twenty-four hours beginning at mid-night;

(xi)    'duty' means duty as an employee and includes all periods which the Corporation may by a regulations or a resolution declare as duty ;

(xii)   'earned leave' means leave earned under Regulation 34 ;

(xiii)  'employee' means a person employed by the Corporation but does not include a person who is employed on the basis of a daily wage ;

(xiv)  'foreign service' means service where an employee receives his pay with the sanction of the Corporation from any source other than the revenues of the Corporation :

(xv)   'Government' means the State Government;

(xvi)  'half pay leave' means leave taken under Regulation 35 ;

(xvii) 'leave' means any authorized leave of absence ;

(xviii)   'leave salary' means monthly amount admissible to an employee who has been granted leave under these regulations ;

(xix)  'medical attendant' means a registered medical practitioner other than a competent medical officer;

(xx)   'month' means a month reckoned according to the British Calendar. In calculating a period expressed In terms of months and days, complete calendar months irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently;

(xxi)  'non-permanent employee' means an employee other than a permanent employee appointed to a temporary post or to officiate in a permanent post, but does not include a probationary officer or an apprentice ;

(xxii) 'permanent employee' means an employee who holds substantively a permanent post or who holds a lien on a permanent post, or who would hold a lien on a permanent post had the lien not been suspended.

(xxiii)   'probationary officer' means a person deputed for training in trade or business with a view to his subsequent employment in a post in Class I or Class II service of the Corporation and who draws an allowance at monthly rates from the Corporation during such training.

(xxiv)   'sick certificate' means certificate issued by a competent medical officer to an employee who is unfit to attend duly ;

(xxv)'transferred employee' means an employee of the Corporation who, immediately before the 11th January, 1958, was in the service of the former Andhra Pradesh Road Transport Department and whose service have been taken over by the Corporation, provided that he has been continuously in the service of the Corporation from the date of such taking over;

(xxvi)   'year' means a year reckoned according to the British calendar;

(xxvii)  Words and expressions used in these regulations and not herein defined, but defined in other Regulations made by the Corporation, under Section 45 of the Act, shall have respectively the meaning assigned to them in those Regulations.

Regulation - 3. Application.

(1)     These Regulations shall apply to all employees of the Corporation whose conditions of service may be regulated by the Corporation, except to the extent otherwise expressly hereinafter provided in these regulations ' or provided by or under any regulation, for the time being in force, in respect of any employee or class of employees.

(2)     The provisions contained in Parts II, III & IV of these regulations shall not apply to the transferred employees and the conditions of service of such employees as respects leave shall be regulated mutatis mutandis by the corresponding rules applicable to them immediately before the commencement of these regulations :

Provided that the Corporation may from time to time and subject to the assurances regarding the limited protection of the conditions of service given to such employees by the Government, make such amendments to the said rules as it may deem necessary.

(3)     Notwithstanding anything in clause (2), the provisions contained in Parts II, III and IV of these regulations shall, to the complete exclusion of the corresponding provisions contained in the rules referred to in the said clause, apply also to a transferred employee, who may elect to be governed by the provisions in the said Parts, subject to such conditions and limitations, if any, as may be specified by the Corporation in this behalf.

PART II

General Conditions

Regulation - 4. Authority competent to sanction leave.

The Corporation may, subject to such conditions and limitations if any, as it may deem fit to impose, specify by a general or special resolution the authorities by whom leave of the various kinds mentioned in these regulations may be granted.

Regulation - 5. Right to Leave.

(1)     Save as otherwise provided in the Factories Act, 1948 (Central Act 63 of 1948), as in the case of employees governed by that Act. leave cannot be claimed as of right and when the exigencies of services so demand leave of any description may be refused or revoked by the authority competent to sanction the leave or by any higher authority.

(2)     Privilege leave shall not, ordinarily, be granted for periods less than ten days at a time.

(3)     A competent authority may not except at the request of the employee, alter the nature of the leave due and applied for.

Regulation - 6. Commutation of Leave.

The authority competent to sanction leave may, in his discretion commute retrospectively periods of absence without leave or of suspension from duty into leave of one or more kinds.

Regulation - 7. Earning of leave.

Except as otherwise specifically provided in these regulations leave shall be earned by duty only.

Explanation. For the purpose of this clause, 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 by the employee or have been remitted by the Corporation.

Regulation - 8. Maintenance of leave account.

(1)     A leave account shall be maintained in respect of each employee in which particulars of the various kinds of leave availed of by him from time to time shall be entered by the authority charged with the responsibility of maintaining the employee's leave account.

(2)     (a) The leave account of an employee in class I or II service shall be maintained by or under the direction of the Financial Advisor and Chief Accounts Officer.

(b) The leave account of an employee in Class III or Class IV Services shall be maintained by the Head of the Office in which he is employed or by such other authority as may be specified in this behalf by the Corporation.

(3)     The amount of leave due to an employee is the balance of leave at his credit in the leave account.

Regulation - 9. Commencement and termination of leave.

(1)     Leave ordinarily begins on the day on which charge is transferred, if the transfer takes place on the forenoon of the day and otherwise on the following day.

(2)     Leave ends on the day on which charge is resumed if the resumption takes place in the afternoon and otherwise on the preceding day.

(3)     If the day immediately preceding than on which the leave begins on the day on which the leave expires, is a holiday or one of a series of holidays, an employee may, with the permission of the authority sanctioning the leave, leave his headquarters at the closes of the day before, or return to it on the day following, the holiday or series of holidays :

Provided that -

(a)      his transfer or assumption of charge does not involve the handing over or taking over of stores or securities or of moneys other than a permanent advance;

(b)      his early departure does not entail a corresponding early transfer from another station of an employee to perform his duties, account being taken in this connection only of the substitute who takes the place of the absent employee and not of all employees in the chain of arrangements arising from an employee's absence on leave; and

(c)      the delay in his return does not involve a corresponding delay in the transfer to another station of the employee who was performing his duties during his absence or in the discharge from service of a person temporarily appointed to it.

(4)     On condition that the departing employee remains responsible for the stores or moneys in his charge, a competent authority may declare that proviso (a) to clause (3) is not applicable to any particular case.

(5)     Unless the competent authority in any case otherwise directs ;

(a)      if holidays are prefixed to the leave, the leave and any consequent arrangement of pay and allowances take effect from the first day after the holidays ; and

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

Explanation . In this regulation the expression 'holiday' means a day declared as such by the Corporation for the particular category of employees to which the employee concerned belongs ;

Regulation - 10. Recall of an employee while on leave.

(1)     All orders recalling an employee to duty before the expiry of the leave granted to him shall state whether the return to duty is optional or compulsory.

(2)     If the return is optional, the employee shall not be entitled to any concessions. If it is compulsory, he shall be entitled :

(a)      if the leave from which he is recalled is out of India-

(i)       to receive a free passage to India and provided that he has not completed half the period of his leave by the date of leaving for India on recall or ninety days. Whichever period is shorter, to receive a refund of the cost of his passage from India ;

(ii)      to count the time spent on the return voyage to India as duty for purposes of calculating leave :

(iii)     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, has he not been recalled but returned in the ordinary course on the termination of the period of leave as determined by his recall; and

(iv)    to receive travelling allowance as admissible to him under the relevant regulations in respect of the journey from the port of disembarkation to the station to which he is posted ; or

(b)      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 travelling allowance as admissible to him under the relevant regulations for the journey, but to draw until he joins his post leaves salary only.

(3)     Where an employee who has proceeded on leave preparatory to retirement is required for employment during such leave in any post under the Corporation and he is recalled to duty with his consent, such recall shall be treated as 'optional' for the purpose of this regulation. In such case, the unexpired portion of his leave from the date of rejoining duty shall be cancelled. The leave so cancelled shall be treated as leave preparatory to retirement which has been refused on administrative grounds and it may be granted from the date he finally quits active service.

Regulation - 11. Procedure for obtaining leave on medical grounds.

(1)     An employee who being unable to attend to his duties by reason of illness, applies for leave or an extension of leave shall produce or cause to be produced without delay a sick certificate issued by the competent medical officer or in special circumstances by the applicants own medical attendant.

(2)     The certificate from the medical attendant should distinctly state the nature of the illness, its symptoms, probable cause and duration, the period of absences from duty considered to be absolutely necessary for the restoration of the applicant's health and the date from which such absence should take effect, and should be sent so as to reach the employee's immediate superior officer within forty-eight hours of his absenting himself from duty.

(3)     The authority competent to grant leave may in its discretion, but subject to the provisions of any general or special orders of the Corporation, either accept the certificate from the medical attendant or refer the case to the competent medical officer for advice or investigation and on receipt of his advice or report, deal with it as circumstances may require.

(4)     The competent medical officer may, in his discretion either accept the certificate from the medical attendant and issue in its place a sick certificate or he may take such steps as he considers necessary to investigate the sickness of the employee and report the result to the competent authority.

Note : The competent medical officer may, in his discretion, require the employee to appear before him unless it appears from the certificate of his medical attendant that he is too ill to bear the journey.

(5)     If the competent medical officer does not accept a medical certificate issued by the employee's medical attendant, he will return it to the head of the office of the employee concerned with an endorsement as follows:

"Private medical certificate not accepted as.....................................The period of absence may be treated by you as you consider fit.

In such a case, unless the authority competent to sanction leave retrospectively sanctions leave to cover the period of absence, the period shall be treated as absence without leave and dealt with in accordance with sub clause (b) and (c) of clause (4) of Regulation 17.

(6)     Where the period an employee is under the treatment of his own medical attendant exceeds one month, the employee shall submit to the competent medical officer an intermediate medical certificate from medical attendant at the end of each month of absence on account of sickness.

Regulation - 12. Right to leave on medical certificate.

(1)     The issue of a medical certificate does not itself upon the employee concerned any right to leave. The Certificate should be forwarded to the authority competent to grant the leave and the orders of that authority shall ordinarily be awaited.

(2)     No recommendation contained in a medical certificate shall be evidence of a claim to any leave not admissible to the employee under these regulations or the terms of his contract.

(3)     The submission of a sick certificate as prescribed in these regulation shall be tantamount to be an application for leave on medical certificate but shall not ordinarily be held to carry with it permission to leave the headquarters.

(4)     An employee who absents himself from duty frequently on medical grounds may, at the discretion of the authority competent to grant him leave, be compulsorily placed on leave for such period (ordinarily not exceeding 30 days at a time) as that authority may consider necessary for the employee to recuperate his health. The period of such leave shall be debited to the employee's leave account as follows :

(a)      as leave on half pay on medical certificate, to the extent such leave is due; and

(b)      as extraordinary leave to the extent the period of leave due under clause (a) falls short of the total period of his absence and he shall be paid leave salary accordingly.

Regulation - 13. Recommendation for leave on medical grounds.

(1)     A competent medical officer shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the employees concerned will ever be fit to resume his duties. In such a case, the opinion that the employee is permanently unfit for service should be recorded In the medical certificate.

(2)     No medical leave for rest or change of air may be granted to an employee on the authority of a certificate issued by his own medical attendant. Any recommendation for such leave shall be referred by the authority competent to sanction the leave to the competent medical officer for consideration. The competent medical officer shall, after making such investigation as he may consider necessary, report his findings to the said authority.

Regulation - 14.

(1)     Grant of leave to an employee who is unlikely to be fit to return to duty.

Where a competent medical officer has reported that there is no reasonable prospect that a particular employee will ever be fit to return to duty, leave should not necessarily be refused to such employee. It may, if due be granted by a competent authority on the following conditions, namely :

(a)  If the competent medical officer is unable to say with certainty that the employee will never be fit for service again, leave not exceeding twelve months in all may be granted ; such leave once granted should not be extended without a further reference to the competent medical officer.

(b)  If the competent medical officer declares an employee to be completely and permanently incapacitated for further service, the employee may be granted leave or an extension of leave, as the case may be, as debited to his earned leave account, subject to a maximum of 120 days.

(2)     The leave granted under sub-clause (a) of clause (1) should initially be treated as leave preparatory to retirement. If the employee returns to duty subsequently, the leave should be treated as leave on medical certificate, necessary adjustments in the leave account being made and arrears of leave salary, if any, paid.

(3)     An employee who fails in vision test or otherwise becomes physically incapable of performing the duties of the post which he occupies but not incapable of performing other duties may; pending a suitable alternative job being found for him, be given leave or an extension of leave not exceeding six months as debited against the leave account if such leave be due to him, subject to the provision that where the employee has not got six months leave to his credit, his leave shall be made up to six months by the grant of extraordinary leave.

Regulation - 15. Return of duty from leave.

(1)     Unless otherwise directed to the contrary, an employee returning to duty on the expiry of the leave granted to him, shall report for duty at the place at which he was last stationed :

(2)     An employee on leave may not return to duty before the expiry of the period of leave granted to him, unless he is permitted to do so by the authority which granted him leave.

(3)     Notwithstanding anything in clause (2), an employee on leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and from returning to duty save with the consent of the authority competent to make appointment to the post on which he holds a lien.

(4)     An employee desiring to return to duty within the period of his leave should communicate his desire to the authority which sanctioned the leave sufficiently early to enable suitable arrangements to be made.

Regulation - 16. Rejoining duty on return from leave on medical grounds.

(1)     An employee who has applied for, or been granted, leave on medical certificate for more than two consecutive working days shall not be permitted to resume duty until he has produced a certificate of good health in such form as may be prescribed for the purpose from a competent medical officer or his own medical attendant:

Provided that where the period of absence exceeds four consecutive working days and the employee was under the treatment of his own medical attendant, he must present himself with the certificate issued by such medical attendant before the competent medical officer with a view to obtaining a fit certificate in the prescribed form.

(2)     A similar certificate may be required in the case of an employee who has been granted leave for reasons of health even though such leave was not actually granted on a medical certificate.

(3)     Where owing to lack of adequate information or any other cause a fit certificate cannot be issued immediately, a duty certificate may be issued by the competent medical officer.

Regulation - 17. Absences without leave and overstayal of leave.

(1)     An employee who is absent after the end of leave of any kind, is entitled to no leave salary for the period of such absence, unless competent authority retrospectively sanctions or extends the leave.

(2)     If such absence exceeds a period of seven days the employee shall cease to have a lien on any post in the service of the Corporation.

(3)     The authority competent to sanction leave may, if it is satisfied that reasonable grounds exist for the absence of the employee grant leave or extend it for a period not exceeding two months. It would be at the discretion of the Corporation alone or such other authority as may be specified by it in this behalf to grant leave retrospectively if the period of such absence exceeds two months.

(4)     If the period of absence does not exceed seven days and the authority competent to sanction the leave, after considering the circumstance of the case, does not retrospectively sanction the leave or an extension of leave, the period of such absence or overstayal shall be debited to the leave account as follows :

(a)      as leave on half pay on private affairs to the extent such leave is due or admissible;

(b)      as leave on half pay on medical certificate to the extent such leave is due or permissible, if the absence or overstayal is supported by a medical certificate ; and

(c)      as extraordinary leave to the extent the period of leave due on private affairs or medical certificate, as the case may be, falls short of the period of absence or overstayal.

(5)     Any condo nation of absence under the provisions of clause (3) shall not preclude suitable disciplinary action being taken in cases where such action is considered necessary.

Regulation - 18. Payment of compensatory allowance during leave.

A compensatory allowance should ordinarily be drawn only by an employee actually on duty, but the competent authority may, by a general or special order, specify the conditions under which an employee on leave may continue to draw a compensatory allowance, or a portion thereof, in addition to leave salary. One of these conditions should be that the whole or a considerable part of the expense to meet which the allowance was given continues during the leave.

Regulation - 19. Payment of leave salary.

An employee absent on any kind of leave with allowances other than leave preparatory to retirement, may draw the allowances monthly on the specific understanding that he would return to duty on the expiry of the leave granted to him and that in the event of his not so returning to duty, the amount paid to him as leave allowances would be recovered form the sums due to him unless the competent authority decides otherwise.

Regulation - 20. Acceptance of service or employment outside during leave.

(1)     An employee on leave shall not take up any service or accept any employment outside the Corporation without obtaining the prior permission of the competent authority.

Provided that an employee may without such sanction undertake casual literary work.

Provided further that an employee who avails himself of leave on medical certificate shall not be permitted to undertake regular employment during such leave.

(2)     An employee who has been granted permission to take any service or accept any employment under this regulation during leave preparatory to retirement shall, save in exceptional circumstances, be precluded from withdrawing his request for permission to retire and returning to duty.

(3)     The leave salary of an employee who permitted to take-up employment during leave preparatory to retirement shall be restricted to the leave salary admissible in respect of leave on half pay under these regulations.

Regulation - 21. Re-employment during leave preparatory to retirement.

(1)     A competent authority may, in exceptional circumstances, re-employ in any post under this Corporation an employee who is on leave preparatory to retirement.

(2)     A person re-employed under the provisions of clause (1) may continue to enjoy his leave concurrently with such employment, but his leave salary, which may be drawn in addition to pay of the post in which he is employed, shall be restricted during such period to the leave salary admissible in respect of leave on half pay under these regulations. He may also be granted deamess and other compensatory allowances, if any admissible on the pay of the post but these allowances will neither be admissible on the leave salary nor will the leave salary be taken into account in calculating these allowances.

(3)     No leave in respect of such period of re-employment will be earned or credited to the account of employee.

Regulation - 22. Grant of leave.

(1)     In cases where all applications for leave cannot in the interests of public service be granted, the authority competent to grant leave shall in deciding which application should be granted, taken into account the following considerations, namely.

(a)      the employee who can for the time being best be spared ;

(b)      the amount of leave due to the various applicants;

(c)      the amount and character of the service rendered by each applicant since he last returned from leave ;

(d)      the fact that any such applicant was compulsorily recalled from his last leave; and

(e)      the fact that any such applicant has previously been refused leave in the exigencies of service.

(2)     Leave may be sanctioned to an employee in Class I or Class II Services only after it admissibility has been certified by the Financial Advisor and Chief Accounts Officer.

(3)     Before leave is sanctioned to any employee in Class III or Class IV Services the authority competent to grant the leave should either consult the leave account maintained for the employee and satisfy himself that leave is admissible or obtain a certificate to that effect from the authority entrusted with the attestation of the entries in the leave account.

(4)     Notwithstanding anything contained in this Regulation, leave shall not be sanctioned to an employee on foreign service until the Financial Advisor and Chief Accounts Officer has certified the amount of leave and the leave salary admissible to such employee.

Regulation - 23. Obligation to furnish leave address.

An employee shall, before proceeding on leave: intimate to the authority which sanctioned the leave, his address while on leave and shall keep the said authority informed of any change in the address previously furnished.

Regulation - 24. Conversions to one kind of leave into another kind.

(1)     The authority competent to sanction the leave may, at the request of an employee, convert any kind of leave retrospectively into leave of a different kind which may be admissible, but the employee cannot claim such conversion as a matte or right.

(2)     If one kind of leave is converted into leave of another kind the amount of leave salary, admissible shall be, recalculated and the arrears of leave salary, if any, shall be paid to or the amount overdrawn, if any, recovered from the employee, as the case may be.

Regulation - 25. Counting of the former service for leave in case of reinstatement after dismissal or removal or re-employment after retirement or resignation from service.

(1)     If an employee who is dismissed or removed from service, is reinstated on appeal or revision, he shall be entitled to count his former service for leave.

(2)     The service of a person who is re-employed after his retirement on superannuation or otherwise, shall ordinarily be regarded as temporary and his leave during the period of such re-employment shall be regulated by the provisions in Part III applicable to temporary employees.

(3)     Resignation of service, even though it is followed immediately by reemployment, shall entail forfeiture of past service for the purpose of leave.

Regulation - 26. Leave to the employee whose post is to be abolished.

(1)     An employee who holds no lien on any other post except that which it is proposed of abolish, may be granted leave up to the amount which was admissible to him immediately before the abolition of his post, but in that case the orders abolishing the post should state explicitly that the post is abolished from the date on which the leave so granted terminates.

(2)     Where the post held substantively by an employee is abolished but he continues to hold a temporary post or to officiate in another post without a break, the leave earned by him while holding the permanent post will not lapse and can be carry forward.

PART III

Extent of leave and leave salary admissible etc., to employees other than transferred employees.

SECTION "A" PRELIMINARY AND GENERAL

Regulation - 27. Transitional provision.

The leave account of every employee who elects under clause (3) of Regulations 3 to be governed by the provisions in this Part shall -

(a)      in regard to earned leave be credited with the amount of privilege leave or earned leave on full substantive pay or leave on average pay, as the case may be, to his credit under the relevant rules applicable to him on the date on which he so elects, subject to the maximum prescribed in Regulation 34 or 40 Regulation as the case may be ; and

(b)      in regard to half pay leave be credited with the amount of furlough or leave on half substantive pay or leave on half average pay or leave on half pay as the case may be to his credit under the relevant rules applicable to him on the date on which he so elects.

Regulation - 28. Leave due.

The amount of earned leave or half pay leave due to an employee is the amount of such leave calculated in accordance with the provisions in this part with effect from the date on which he became subject thereto plus such leave, if any, credited to his leave account under Regulation 27 diminished by the amount of such leave taken or debited to his leave account after the date on which he became subject to the Regulations in this Part.

Regulation - 29. Combination of leave.

Save as otherwise provided in these Regulations, any kind of leave due under these Regulations may at any time be granted by itself or in combination with any other kind of leave so admissible or in continuation of leave already taken, whether of the same or of any other kind;

Provided that, except on a medical certificate, the total amount of leave with allowances so combined admissible at any time shall not exceed 180 days.

Regulation - 30. Maximum period of absence from duty.

(1)     No employee shall be granted leave of one or more kinds for a continuous period exceeding five years.

(2)     Unless the Corporation in view of the special circumstances of the case determines otherwise, an employee who avails himself of leave for a continuous period exceeding five years shall be deemed to have resigned from the service of the Corporation.

Regulation - 31. Grant of leave beyond the date of retirement.

Leave admissible under the Regulations in this part shall lapse on the date on which the employee attains the age of superannuation.

Provided that the authority empowered to grant leave may allow any employee who has been denied in whole or in part, on administrative grounds, the earned leave which was due to him pending retirement, the whole or any portion of the earned leave so denied, even though it extends to a date beyond the date on which such employee must compulsorily retire.

Provided further that an employee, whose service has been extended on administrative grounds beyond the date of his compulsory retirement, may similarly be granted, either within the period of extension or after its expiry, any earned leave which could have been granted to him under the preceding provision had he retired on that date less the leave, if any, taken during the period of extension and in addition such earned leave due in respect of the extension as had been applied for in sufficient time during the extension and refused to him on administrative grounds. In determining the amount of earned leave due in respect of the extension with reference to Regulation 34, the earned leave, if any, admissible on the date of compulsory retirement shall be taken into account.

Regulation - 32. Leave on promotion from Class IV to Class III Service.

The leave due to an employee in Class IV Service on the date of his promotion to Class III Service will be allowed to be carried forward and added to any leave of the same kind which he may subsequently earn; provided that in respect of earned leave the maximum limit prescribed in Regulation 34 for the latter class of service is not exceeded.

Regulation - 33. Leave on reversion from Class III to Class IV Service.

The leave earned by an employee in Class III Service (other than leave on half pay on private affairs) will be allowed to be carried forward on his reversion to a post in Class IV Service, provided that in respect of earned leave the maximum limit prescribed in Regulation 34 for the latter class of service is not exceeded. In the event of his re promotion to Class III Service, subsequently the provisions of Regulation 32 shall apply.

SECTION B-GRANT OF LEAVE TO PERMANENT EMPLOYEES

Regulation - 34. Rate and amount of earned leave.

The earned leave admissible to a permanent employee shall-

(a) if he is in Class I, Class II or Class III services be one-twelfth of the period spent on duty ; and

[1][(b) "If he is in Class IV service one-twenty-third of the period spent on duty during the first 15 years of service and thereafter one twelfth of the period spent, on duty."

(i)       Provided that an employee shall cease to earn leave when the earned leave due amounts to 180 days.

(ii)      Provided further that, the maximum amount of earned leave that may be granted at a time to an employee shall not exceed-

(a)      120 days if he is in Class I, Class II or Class III service ; and

(b)      "60 days if he is in Class-IV service during the first 15 years of service and thereafter 120 days".

Regulation - 35. Rate of half pay leave.

(1)     The half pay leave admissible to a permanent employee in respect of each completed year of service shall-

(a)      in the case of an employee in Class I, Class II and Class III services. be 12 days on medical certificate and 6 days on private affairs; and

(b)      "In case of an employee in Class-IV service be 6 days on medical certificate during the first 15 years of service and thereafter 12 days on medical certificate and 6 days on private affairs."

(2)     Such leave may be accumulated without any limit.

(3)     Such leave may in no case be granted unless the sanctioning authority is satisfied that, as far as can be reasonably foreseen, the employee will return to duty.

(4)     The half pay leave due to an employee in respect of any completed year of service in which service was rendered partly in a Class III post and partly in a Class IV post, shall be calculated on a prorate basis in respect of Class III service and Class IV service and then added up. The fraction. if any, present in the total half pay leave for the particular year should be ignored if it is less than half, or reckoned as one day if it is half or more.

Regulation - 36. Commuted leave.

A permanent employee may commute the half-pay leave not exceeding half the amount of such half-pay leave due and admissible to him on medical certificate into full-pay leave in cases of sickness, duly supported by a medical certificate, subject to the conditions, that-

(a)      the commuted leave, so granted shall be limited to a maximum of 180 days in respect of employees in Class I and Class III services and 90 days in respect of employees in Class IV service during the entire service ;

(b)      when the commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave on medical certificate ; and

(c)      the total duration of earned leave and commuted leave taken in conjunction shall not exceed 180 days ;

Provided that no commuted leave may be granted under this Regulation, unless the authority competent to sanction leave has reason to believe that the employee will return to duty on its expiry.

Note . When commuted leave is granted to an employee under this Regulation and when the employee intends to resign subsequently the commuted leave should be converted into half pay leave and the difference between the leave salary in respect of commuted leave and half pay leave should be recovered from the employees. An undertaking to this effect should be taken from the employee, whenever commuted leave is granted. In case, the resignation is due to the grounds of ill health, incapacitating him for further service and the same is certified by the Medical Officer and also in case of death, on refund should be enforced.

Regulation - 37. Leave not due.

(1)     Save in a case of leave preparatory to retirement, leave not due for a period not exceeding 180 days in the case of an employee in Class I, Class II or Class III service, or 90 days in the case of an employee in Class IV service during the entire service, may in very exceptional circumstances be granted to a permanent employee on medical certificate issued by the appropriate medical authority when no leave is due to him under Regulations 34 and 35. Such leave will be debited against the half pay leave on medical certificate the employee may earn subsequently.

(2)     "Leave not due" shall not be granted to an employee unless the authority empowered to sanction the leave is satisfied that there is a reasonable prospect of the employee returning to duty on the expiry of the leave and it should be limited to the half pay leave on medical certificate he is likely to earn thereafter.

Note .The prospect of returning to duty on the expiry of the leave should be assessed on the basis of the certificate given by the appropriate medical authority. The Prospect of earning at least an equivalent amount of leave on half pay on medical certificate should be assessed with reference to the fact whether in the normal course the employee would have enough service after his return to duty within which he would be able to wipe off the debit balance. For example, if on return to duty an employee has in the normal course only three years before reaching the age of superannuation, the 'leave not due' should not exceed that half pay leave on medical certificate he can earn during this period.

(3)     The appropriate medical authority referred to in clause (1) will be-

(a) the competent medical officer:

[2][(b) deleted

(c) deleted

(d) deleted].

(4)     An employee 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.

(5)     Where an employee who has been granted "leave not due" under this regulation 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.

Regulation - 38. Extraordinary leave.

(1)     Extraordinary leave without allowances may be granted or given to a permanent employee in special circumstances-

(a)      when no other kind of leave is admissible: or

(b)      when any other kind of leave is admissible but the employee applies in writing for the grant of extraordinary leave.

(2)     The authority which has power to sanction leave may grant extraordinary leave as in clause (1) above either by itself or in combination with or in continuation of any other kind of leave that is admissible and may retrospectively commute periods of absence without leave or of suspension from duty into extraordinary leave even when any other kind of leave was admissible at the time when absence without leave commenced or he was placed under suspension.

(3)     Extraordinary leave shall not be debited to the leave account.

SECTION C-GRANT OF LEAVE TO NON-PERMANENT EMPLOYEES AND OTHERS

Regulation - 39. Grant of leave to non-permanent employees.

(1)     Subject to the conditions and limitations specified in this regulation, a non-permanent employee may also be granted or given leave in accordance with the provisions of Regulations 34, 35 and 38 ;

Provided that-

(a)      In respect of the first year of service, the earned leave admissible under Regulation 34 to all classes of employees shall be one-thirteenth of the periods spent on duty and leave with allowances;

(b)      No half pay leave may be granted unless the authority competent to sanction leave has reason to believe that the employee will return to duty on the expiry of such leave ; and

(c)      The amount of extraordinary leave granted shall not exceed three months on any one occasion.

(2)     Notwithstanding anything contained in proviso (c) to clause (1). a non-permanent employee who as been in continuous service for a period exceeding one year may be granted extraordinary leave up to a maximum limit of eighteen months if he is undergoing treatment for tuberculosis or leprosy and the application for such leave is supported by a medical certificate from the appropriate medical authority specified in clause (3) of Regulation 37 to the effect that he is under his treatment and that he has reasonable chances of recovery on the expiry of the leave recommended.

(3)     [3][(a) A non permanent employee, who remains absent or over stays sanctioned leave for a period exceeding 7 (seven) days shall be deemed to have ceased to be in the service of the Corporation from the day of such absence.

(b) The authority competent to sanction leave if it is satisfied that reasonable grounds exist for the absence of the employee, may grant leave or extend it retrospectively to the extent admissible under clause (1) and (2) above].

(4)     The grant of leave to non-permanent employee shall be subject to the condition that but for the grant of the leave he would have continued to hold a post in the service of the Corporation until the expiry of the leave;

Provided that a person re-employed in the service of the Corporation may be granted on the termination of his appointment the amount of earned leave at his credit provided that he had formally applied for the leave in sufficient time and been refused it on administrative grounds.

(5)     If any interruption of duty other than leave occurs in the service of a non-permanent employee, the half pay leave to his credit shall lapse.

(6)     A non-permanent employee appointed without interruption of duty substantively to a permanent post will be permitted to carry forward the amount of earned and half pay leave at his credit on the date of such appointment. Leave is not an interruption of duty for the purpose of this clause.

Note: (i) No commuted leave or leave not due is admissible to a non permanent employee.

(ii) Employees who are re-employed after retirement for more than one term may be permitted to carry forward the periods of leave earned in the earlier spells or re-employment to subsequent spells irrespective of the number of such extensions, subject to the provisions of clause (4) above, provided that the re-employment is continuous.

(iii) For the purpose of clause (5) above, re-employment in a post after discharge from another post constitutes an interruption of duty.

Regulation - 40. Leave admissible to Probationary officers and Apprentices.

(1)     Leave may be granted to a probationary officer or an apprentice in accordance with the provisions of this Regulation.

(2)     A Probationary officer or an apprentice will be eligible for fifteen days leave on full stipend in respect of each year of training.

Provided that -

(i)       He shall cease to earn leave when the earned leave due amounts to thirty days ;

(ii)      The number of times in which such leave shall be taken shall not ordinarily exceed three in a calendar year;

(iii)     Save in exceptional circumstances, not more than fifteen days may be availed of on any one occasion ; and

(iv)    Except on grounds of ill-health, no leave shall ordinarily be granted to a probationary officer.

(3)     A Probationary officer or an apprentice on his subsequent appointment to a temporary or permanent post cannot count his training period for leave as if it has been service rendered in a temporary or permanent post, but he shall be allowed to carry forward the leave at his credit on the date of such appointment and to earn leave from such date at the rates admissible to a permanent or temporary employee, as the case may be.

(4)     An apprentice or a probationary officer may in exceptional circumstances, also be granted extraordinary leave during which no leave salary will be admissible, in combination with or in continuation of any leave granted under clause (2), provided that, except on a medical certificate from the competent medical officer, the amount of such leave does not exceed three months on any one occasion.

(5)     An apprentice or a probationary officer who remains absent for a period exceeding the maximum period for which extraordinary leave may be granted under this regulation, shall be deemed to have resigned his apprenticeship or probationer ship and cease to be in the employment of the Corporation.

Regulation - 41. Leave to part time employees and contingency staff.

(1)     Service in an establishment which is employed only at certain seasons in each year does not qualify for leave, except in the cases of persons who are drafted into such an establishment from other permanent or temporary posts.

(2)     Part time employees and employees borne on the contingent establishment may be granted leave with leave salary equal to their pay or allowance, as the case may be, subject to the condition that the grant of such leave does not involve extra cost to the Corporation. In cases where this conditions is not fulfilled, the period above may be treated as extraordinary leave for which no leave salary will be admissible.

(3)     The conditions laid down in clause (2) above, shall not apply to employees borne on the contingent establishment who are governed by the provisions of the Factories Act, 1948 (Central Act No. 63 of 1948) and such employees may be allowed to earn leave at the same rate and to avail of it on the same conditions as applicable to apprentices under the provisions of Regulation 40.

SECTION D-LEAVE SALARY

Regulation - 42. Leave Salary.

(1)     A permanent employee on earned leave is entitled to leave salary equal to his substantive pay on the day before the leave commences:

Provided that if immediately before proceeding on such leave, he was continuously officiating in a higher post for a period of not less than six months, he shall be entitled to a salary equal to the officiating pay he was drawing on the day before the commencement of the leave.

Explanation. The expression 'substantive pay' means the pay excluding the special pay but including personal pay and any other, emoluments classed as pay, admissible in the permanent post which the employee holds substantively or on which he holds a lien or a provisional lien.

(2)     A non-permanent employees on earned leave is entitled to leave salary equal to his pay on the last day of duty prior to the commencement of leave.

Explanation . The expression "non-permanent employee" includes an apprentice or a probationary officer.

(3)     An employee on half pay leave or leave not due is entitled to leave salary equal to half the amount admissible to him under Clause (1) or Clause (2), as the case may be.

(4)     An employee on commuted leave is entitled to leave salary equal to the amount admissible under Clause (1).

(5)     An employee on extraordinary leave is not entitled to any leave salary.

PART IV

Concessional leave

Regulation - 43. Definition of 'full pay' and half pay'.

In this partial 'full pay' means, the amount of leave salary admissible during earned leave under the provisions of Regulation 42.

“(b) 'half pay' means the amount of leave salary admissible during half pay leave under the provisions of Regulations 42.

Provided that in the case of hospital leave granted under Regulation 46 where the total period of absence does not exceed one calendar month, 'full pay' means the pay drawn by the employee on the date before the leave commences and half pay means one-half of that amount.

Regulation - 44. Special disability leave.

(1)     Subject to the conditions hereinafter specified, a competent authority may grant special disability leave to an employee in Class I or Class II service who is disabled by injury intentionally inflicted or caused in or in consequence of the due performance of his official duties or in consequences of his official position.

(2)     Such leave shall not be granted unless the disability manifests itself within three months of the occurrence to which it is attributed, and the employee disabled acted with due promptitude in bringing it to the notice of the Administration. But the competent authority may, if it is satisfied as to the cause of disability, permit leave to be granted in cases where the disability manifests itself more than three months after the occurrence of its cause.

(3)     The period of leave granted shall be such as is certified by the competent medical officer to be necessary. It shall not be extended except on the certificate of such medical officer and shall in no case exceed 24 months.

(4)     Such leave may be combined with leave of any other kind.

(5)     Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.

(6)     Such leave shall be counted as duty and shall not except as provided in clause (8), be debited against the leave account.

(7)     Leave salary during such leave shall be equal to-

(a)      for the first four months of any period of such leave including a period of such leave granted under clause (5) of this Regulation to full pay; and

(b)      for the remaining period of any such leave to half pay or at the employee's option, for a period not exceeding the period of leave on full pay which would otherwise be admissible to him, to such full pay.

(8)     an employee who avails himself of the option provided in clause (7) (b), shall have half the period of leave on full pay availed of under that option, debited to his earned leave account.

(9)     The grant of special disability leave to a non-permanent employee shall be subject to the further condition that the period of leave does not extend beyond the period of his temporary or officiating appointment.

(10)   In the case of an employee to whom the Workmen's Compensation Act, 1923 (Central Act 8 of 1923), applies the amount of leave salary payable under this Regulation shall be reduced by the amount of leave salary payable under this Regulation shall be reduced by the amount compensation paid or payable under clause (d) of sub-section (1) of Section 4 of that Act.

Regulation - 45. Application of Regulation 44 to employee in Class I or Class II Service.

A competent authority may extends the application of the provisions of Regulation 44 to an employee in Class I or Class II service who is disabled by injury, accidentally incurred in 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. The grant of this concession is subject to the further conditions -

(i)       that the disability, if due to disease, must be certified by the competent medical officer to be directly due to the performance of the particular duty.

(ii)      that, if the employee contacted such disability during service, it must in the opinion of the competent authority be so exceptional in character or in the circumstances of its occurrence as to justify such unusual treatment as the grant of this form of leave : and

(iii)     that the period of absence recommended by the competent medical officer may be covered in part by leave under the Regulation and in part by other leave and that the amount of special disability leave granted on full pay may be less than four months.

Regulation - 46. Hospital leave.

(1)     Subject to the provisions of this Regulation, a competent authority may grant hospital leave to employees other than those in Class I or Class II Services while they are undergoing medical treatment for injuries sustained on duty.

(2)     Hospital leave shall not be admissible in respect of an injury by an accident due to carelessness on the part of the employee, viz. while he was under the influence of drink or drugs or due to willful disobedience of orders or willful removal of safety devices.

(3)     The period of leave granted shall be such as is certified by the competent medical officer to be necessary but shall in no case exceed 6 months in respect of any one injury.

(4)     Subject to the limits specified in clause (3), hospital leave may be granted on leave salary equal to either full pay or half pay as follows:

(a)      on full pay, where the competent authority is satisfied that the injury was due to causes beyond the control of the employee; and

(b)      on half pay, where the competent authority is satisfied that the injury was due to causes which though within the control of the employee did not amount to carelessness on his part.

(5)     Hospital leave is not debatable to the leave account and may be combined with any other leave which may be admissible. Provided that the total period of leaves does not exceed 24 months.

(6)     The grant of hospital leave to a non-payment employee will be subject to the condition that the period of leave does not extended beyond the period for which the post from which he proceeds on leave is sanctioned.

(7)     If the employee is one to whom the Workmen's Compensation Act, 1923 (Central Act 8 of 1923), applies the amount of leave salary payable during hospital leave shall be reduced by the amount of compensation payable under clause (d) of sub-section (1) of Section 4 of the Act. In such cases no payment should be made to the employee other than those admissible to him in accordance with the provisions of the said clause (d) until he returns to duty but the period of disablement shall be reckoned from the fourth day following the date of injury.

(8)     The Competent authority may after the employee has resumed duty authorize the payment of leave salary for the period of disablement in accordance with the provisions of clause (4), subject to the following conditions, namely.

(i)       that the competent medical officer certifies that the employee is completely fit to resume duty ; and

(ii)      that the competent authority is satisfied that on the employee's return to duty the temporary disablement has not resulted in a reduction in the employee's wages owing to the accident.

Note . In the cases where a temporary disablement is subsequently found to have resulted in a permanent disablement and the administration is required under the provisions of the Workmen's Compensations Act. 1923 (Central Act 8 of 1923), to make a lump sum payment, the only deduction that can be made from this lump sum are the periodical half-monthly payments made under clause (d) of sub-sec. (1) of Section 4 of that Act. Any sum paid by the Administration in excess and outside the Act cannot be recovered or adjusted and shall have to be treated as gratuitous payment by the administration. Therefore, care should be exercised in granting full or half pay to injured employees in cases where the temporary disablement is likely to result in permanent total or partial disablement.

Regulation - [47. Maternity leave.

(1)     A competent authority may grant maternity leave on full pay/wage to a female employee/a person employed on the basis of a daily wage, for period of twelve weeks, provided she has worked for not less than 160 days in a period of one year service/engagement.

Provided that where a female employee/a person employed on the basis of a daily wage granted maternity leave as above, dies during her confinement or during the period of six weeks immediately following the day of her confinement leaving behind, in either case, the child, leave salary/wage at the amount of full pay/wage admissible shall be paid for the whole of that period, but if the child also dies during the said period then, for the days up to and including the day of the death of the child, to the person nominated by the female employee/ a person engaged on the basis of a daily wage and if there is no such nominee to her legal representative.

(2)     A competent authority may grant maternity leave on full pay/wage to a female employee/a person employed on the basis of a daily wage in case of miss-carriage for a period of six weeks immediately following the date of miss-carriage.

(3)     A female employee/a person employed on the basis of a daily wage in case of sickness arising out of pregnancy, confinement, premature birth of child or miss-carriage shall on production of a medical certificate issued by the competent Medical Officer, be entitled to further leave on full pay/wage for a period not exceeding one month in addition to the maternity leave admissible to her under clause (1) and (2) above.

(4)     The application for such leave should be supported by a medical certificate issued by the competent medical officer or by the applicant's own medical attendant and in the case of an abortion or miscarriage certify that it occurred after a period of 12 weeks of pregnancy or that it was a case of extra-uterine pregnancy.

(5)     Leave of any other kind may be granted in continuation of maternity leave, if the request to grant such leave is supported by a medical certificate.][4]

(6)     [5]Deleted.

Regulation - 48. Study Leave.

(1)     Leave may be granted to an employee on such terms as the Corporation may, by a general or special order, prescribe to enable him to undergo, in India or out of India, a special course of study or instruction approved by the Corporation in public interest.

(2)     Such leave shall not be debited to the leave account.

[6]["In exercise of powers conferred under Clause (1) of Regulation 48 of A.P.S.R.T.C. Employees (Leave) Regulations 1963, Corporation through its resolution No. 78/1982 dt. 9-8-82 has decided that no study leave should be granted to any employee who wishes to prosecute studies and such an employee could prosecute his studies only by taking extraordinary leave.

(3)     The extraordinary leave to be granted as above shall be subject to the provisions of Regulation 30 and 39 of leave Regulation in respect of permanent or temporary employees, respectively.")

PART V

Miscellaneous

Regulation - [49. Relaxation of the provisions of the regulations.

Notwithstanding anything contained in these Regulations the Corporation shall have power to deal with the case of any employee or a category of employees in such manner as may appear to it to be just and equitable :

Provided that where any such regulation is applicable to the case of any employee or a category of employees, the case shall not be dealt with in any manner less favourable to the employee or category of employees than that provided by the Regulation.][7]

Regulation - 50. Power to issue subsidiary orders.

(1)     The competent authority may issue such orders, not inconsistent with the provisions of these Regulations, as it may consider necessary to give effect to and carry out the purpose of the provisions of these Regulations.

(2)     In particular and without prejudice to the generality of the foregoing power such orders may provide for all or any of the following matters, namely:

(a)      making application for leave, extension of leave and for permission to return from leave ;

(b)      granting of leave ;

(c)      the payment of leave salary ;

(d)      the maintenance of records of leave ; and

(e)      the form of medical certificate required to be produced under these Regulations.

Regulation - [50-A. Encashment of earned leave.

(1)     An employee in any of the classes of service of the Corporation, may at his option, be permitted to surrender the earned leave to his credit and receive leave salary in lieu thereof. The amount of leave, surrendered and encased under this Regulation, shall not exceed 15/30 days at any time within block period of one/two calendar year (s) as the case may be.

(2)     The leave salary and allowances admissible for the leave surrendered as above, shall be the leave salary and allowances to which the employee is eligible as on the date of surrender.

(3)     The leave salary paid in lieu of the surrendered leave will not be liable for deductions on account of subscription to provident fund, house rent, repayment of any advances to the Corporation, repayment of any dues to Co-operative Societies etc.

(4)     The benefits under this Regulation shall be applicable also, to the transferred employees.][8]

Regulation - [50-B. Encashment of earned/privilege leave and leave with full substantive pay.

An employee or the family of the deceased employee is entitled to receive cash equivalent of leave salary that the employee/deceased employee would have got had he/she gone on earned leave/privilege leave/leave with full substantive pay, but for retirement on attaining the age of superannuation/retirement on medical grounds/cessation of employment under Regulation 6-B of APSRTC Employees' (service) Regulations, 1964, or in the event of his/her death while in service, as the case may be. due and admissible on the date immediately following the date of retirement on attaining the age of superannuation or on medical grounds, determination of services under Regulation 6-B or death, as the case may be. subject to a maximum of leave salary up to 180 days.

Note: (1) The cash equivalent of leave salary in such cases shall be paid in full and shall not reduced by pension and pension equivalent of other retirement benefits.

(2) Leave salary for this purpose means - total emoluments, which he/she is entitled on the date, proceeding the date or retirement on attaining the age of superannuation or on medical grounds/ death without effecting any deductions, as if the leave is surrendered and encased and shall include House Rent-Allowance and City (Compensatory)/ Allowance.][9]

Regulation -[50-C. Leave admissibility and leave salary for the treatment of "Leprosy/T.B./Cancer/Mental illness/Heart disease".

(1)     An employee on half pay leave, who is suffering from Leprosy/T.B./Cancer/Mental illness/ Heart disease and undergoing treatment from a recognized Institution or Hospital, either as an inpatient or Out-patient, on production of a certificate to the effect, either from the Medical Officer-in-charge of the recognized Institution/ Hospital, or the Specialist in respect of Heart-diseases, as the case may be, that the employee has undergone/has been undergoing treatment from the Civil Surgeon/Asst. Civil Surgeon, RTC- Dispensary, in case the employee is kept on the waiting list for want of accommodation in the respective Institution/ Hospital, as the case may be, is entitled to leave salary equal to full pay leave for a period, not exceeding 6 (six) months in lieu of half pay leave due to the employee on medical certificate, provided the earned/privilege leave at his/her credit has been exhausted. Thereafter, the normal rule of half pay salary shall apply to the extent half pay leave is due on medical Certificate.

(2)     If the leave due under clause (1) above, falls short of the period of treatment, the employee may be granted extraordinary leave subject to the provisions of Regulations-30 and 39 in respect of permanent/ temporary employee respectively. While on extraordinary leave, the employee is entitled to an "Ex-Gratia" payment equal to half of his/her pay, without any allowances of Rs. 120/- (Rupees one hundred and twenty only), whichever is more.

Provided the period of absence under clause (1) and (2) above shall be supported by a Medical Certificate as under clause (1) from time to time.

N.B. . (1) "Pay" for this purpose means, the pay, which the employee would have drawn while on duty, but does not include "Special Pay". (2) The provisions of sub-clause (b) of clause (1) of Regulation 38 shall not apply in this case.][10]

Regulation - 51. Interpretation.

Where a doubt arises as to the interpretation of any of the provisions of these regulations, it shall be referred to the Corporation, whose decision shall be final.

Regulation - 52. Repeal and savings.

(1)     Any rules or orders relating to the grant of leave to employees of the Corporation other than transferred employees, corresponding to these regulations, in force immediately before the commencement of these regulations are hereby repealed :

Provided that such repeal shall not effect the previous operation of the rules or orders so repealed or anything done or any action taken there under.

(2)     Any resolution passed by the Corporation and in force immediately before the commencement of these regulations, delegating its powers in respect of matters specified in these regulations or authorizing the exercise of such powers, shall in so far as they are not inconsistent with the provisions of these regulations continue in force until altered, rescinded or amended by resolution of the Corporation and until it is so altered, rescinded or amended the authorities to whom such powers have been delegated or the authorities who have been so authorized, shall be deemed to be the competent authorities under the relevant provisions of these regulations.