THE CHHATTISGARH CIVIL SERVICES (LEAVE) RULES, 2010

PREAMBLE

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

CHAPTER-I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called the Chhattisgarh Civil Services (Leave) Rules, 2010.

(2)     They shall come into force on the 1st day of October 2010.

Rule - 2. Extent of application.

Save, as otherwise provided in these rules, these rules shall apply to all Government servants who are in service on the date, of coming into force of these rules and who are appointed to the civil services and posts in connection with the affairs of the State, but shall not apply to:-

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

(b)      persons paid from contingencies;

(c)      persons employed on work-charged establishments;

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

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

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

(g)      members of the All India Services.

Rule - 3. Definitions.

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

(a)      "Completed year of service" or "one year's continuous service" means continuous service of specified duration under the State Government and includes the period spent on duty as well as on leave including extra-ordinary leave;

(b)      "Date of retirement" or "date of his retirement" in relation to a Government servant means the after noon of the last day of the month in which the Government Servant attains the age prescribed for retirement under the terms and conditions governing his service;

(c)      "Foreign service" means service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund of India or the Consolidated Fund of any State or the Consolidated Fund of a Union Territory;

(d)      "Form" means a form appended to these rules;

(e)      "Government servant in quasi-permanent employ" means a Government servant who may be declared or deemed to be as Quasi-permanent under the C.G. Government servants (Temporary and Quasi-permanent Service) Rules, 1960;

(f)       "Government servant in permanent employ" means a Government servant who holds substantively or provisionally substantively a permanent post or who holds a lien on a permanent post or who would have held a lien on permanent post had the lien not been suspended;

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

(2)     Words and expressions used herein and not defined but defined in Fundamental Rules shall have the meanings respectively assigned to them in Fundamental Rules.

Rule - 4. Government servants on temporary transfer or on foreign service.

(1)     Government servants to whom these rules apply shall continue to be governed by these rules while on temporary transfer to Central Government or any other State Government or Union territory or while on foreign service within India.

(2)     In the case of Government servants on foreign service outside India (including service with U.N. agencies within or outside India) or on temporary transfer to the Armed Force of the Union, these rules shall apply only to the extent provided in the terms and conditions of foreign service or temporary transfer, as the case may be.

Rule - 5. Transfer from services or posts governed by other Leave Rules.

Unless it be otherwise provided in these rules, a permanent Government servant to whom these rules do not apply:-

(a)      When transferred temporarily to a service or post to which these rules apply, shall remain subject to the leave rules which were applicable to him before such transfer; and

(b)      when appointed substantively to a permanent post to which these rules apply, shall become subject to these rules from the date of such appointment, in which case the leave at his credit under the rules previously applicable to him shall be carried forward subject to the maximum limits of accumulation as laid down in rule 25. The leave salary in respect of the leave carried forward shall be borne by the Department or the Government from which the Government servant proceeds on leave.

CHAPTER-II GENERAL CONDITIONS

Rule - 6. Right to leave.

(1)     Leave cannot be claimed as of right.

(2)     When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant.

Rule - 7. Regulation of claim to leave.

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

Rule - 8. Effect of dismissal, removal or resignation on leave at credit.

(1)     Any claim to leave to the credit of a Government servant, who is dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation.

(2)     Where a Government servant applies for another post under the State Government but outside his parent office or department and if such application is forwarded through proper channel and the applicant is required to resign his post before taking up the new one, such resignation shall not result in the lapse of the leave to his credit.

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

(4)     A Government servant, who having retired on compensation or invalid pension or gratuity, is re-employed and allowed to count his past service for pension, shall be entitled to count his former service towards leave.

Rule - 9. Commutation of one kind of leave into another.

(1)     At the request of a Government servant the authority which granted him leave may commute it retrospectively into leave of a different kind which was due and admissible to him when leave was granted, no commutation can be done after the employee ceases to be in service. The Government servant cannot claim such commutation as a matter of right.

(2)     The commutation of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the Government servant, that is to say, any amount paid to him in excess, shall be recovered or any arrears due to him shall be paid.

Note- Extraordinary leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due subject to the provisions of rule 30.

Rule - 10. Combination of different kinds 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.

Explanation- Casual leave or optional leave which are not recognized as leave under these rules, shall not be combined with any other kind of leave admissible under these rule

Rule - 11. Maximum period of absence from duty.

No Government servant shall be granted leave of any kind of a continuous period exceeding five years.

Rule - 12. Acceptance of service or employment while on leave.

(1)     A Government servant (other than a Government servant who has been permitted a limited private practice or who has been permitted to undertake casual literary work or service as an examiner or similar employment) while on leave, including leave preparatory to retirement shall not take up any service or employment elsewhere, including the setting up of a private professional practice as accountant, consultant or legal or medical practitioner without obtaining the previous sanction of-

(a)      The Governor, if the proposed service or employment lies elsewhere than in India; or

(b)      the authority empowered to appoint him, if the proposed service or employment lies in India.

(2)     No Government servant while on leave, other than leave preparatory to retirement, shall ordinarily be permitted to take up any other service or employment.

(3)     No Government servant while on leave preparatory to retirement shall be permitted to take up private employment. If, however, a Government servant on leave preparatory to retirement is permitted to take up employment with a Public Sector Undertaking or a body referred to in sub-rule (2) of rule 33 and in that event also salary payable for leave preparatory to retirement shall be the same as admissible under rule 36.

(4)     In case a Government servant who has proceeded on leave preparatory to retirement is required, before the date of retirement, for employment during such leave in any post under the State Government in or out side India, the unexpired portion of the leave from the date of rejoining shall be cancelled.

CHAPTER-III GRANT OF AND RETURN FROM LEAVE

Rule - 13. Application for leave.

(1)     An application for leave or for an extension of leave must be made to the authority competent to grant such leave or extension in Form-I.

(2)     Applications for leave on grounds other than ill health should be made at least three weeks before such date. This limit would, however, be six weeks if the leave applied for is preparatory to retirement. The authority competent to grant leave may accept belated application at its discretion.

Rule - 14. Leave account.

The Head of Office shall maintain a leave account in Form 2 for each Government servant.

Rule - 15. Verification of title to leave.

(1)     No leave shall be granted to a Government servant until a report regarding its admissibility has been obtained from the authority maintaining the leave account. The order sanctioning leave shall indicate the balance of earned leave/half pay leave at the credit of the Government servant.

(2)     (a) Where there is sufficient reason to believe that the obtaining of admissibility report will be unduly delayed, the authority competent to grant leave may calculate, on the basis of available information, the amount of leave admissible to the Government servant and issue provisional sanction of leave for a period not exceeding sixty days.

(b) The grant of leave under this sub-rule shall be subject to verification by the authority maintaining the leave account and a modified sanction for the period may be issued, where necessary.

Rule - 16. Leave not to be granted in certain circumstances.

Leave shall not be granted to a Government servant to whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from Government service.

Rule - 17. Grant of leave on Medical Certificate to Government servant.

(1)     An application for leave on medical certificate, made by a Government servant, shall be accompanied by a medical certificate in Form 3 given by an Authorized Medical Attendant or a Registered Medical Practitioner, defining as clearly as possible the nature and probable duration of the illness. Such application shall be submitted, as far as possible, prior to or simultaneously with commencement of the period for which leave is applied:

Provided that, in exceptional circumstances where it is not reasonably practicable for the Government servant to submit an application within the aforementioned time limit, it may be submitted not later than seven days from the date of commencement of the period of leave applied for:

Provided further that, in exceptional circumstances, where the authority competent to sanction leave is satisfied that it was not reasonably practicable for the Government servant to submit the required medical certificate along with his application for leave, it may, at its discretion condone a delay of not more than seven days, counted from the date of commencement of the period of leave applied for, in the submission of medical certificate by such Government servant.

(2)     A medical officer shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government servant concerned will ever be fit to resume his duties, and in such case, the opinion that the Government servant is permanently unfit for Government service shall be recorded in the medical certificate.

(3)     The authority competent to grant leave may, at its discretion, secure a second medical opinion by requesting a Government Medical Officer not below the rank of a Civil Surgeon, to have the applicant medically examined on the earliest possible date.

(4)     It shall be the duty of the Government medical officer referred to in sub-rule (3) to express an opinion both as regards the facts of the illness and as regards the necessity for the amount of leave recommended and for that purpose he may either require the applicant to appear before himself or before a medical officer nominated by himself.

(5)     The grant of a medical certificate under this rule does not in itself confer upon the Government servant concerned any right to leave, the medical certificate shall be forwarded to the authority competent to grant leave and orders of that authority awaited.

(6)     The authority competent to grant leave may, at its discretion, waive the production of a medical certificate in case of an application for leave for a period not exceeding seven days at a time. Such leave shall not, however, be treated as leave on medical certificate and shall be debited against leave other than leave on medical grounds.

Rule - 18. Leave to a Government Servant who is unlikely to be fit to return to duty.

(1)     (a) When a medical authority has reported that there is no reasonable prospect that the Government servant will ever be fit to return to duty, leave shall not necessarily be refused to such Government servant.

(b) The leave may be granted if due, by the authority competent to grant leave on the following conditions:-

(i)       if the medical authority is unable to say with certainty that the Government servant will never again be fit for service, leave not exceeding twelve months in all may be granted and such leave shall not be extended without further reference to a medical authority;

(ii)      if a Government servant is declared by a medical authority to be completely and permanently incapacitated for further service, leave or an extension of leave, may be granted to him after the report of the medical authority has been received, provided the amount of leave as debited to the leave account together with any period of duty beyond the date of the report of the medical authority, does not exceed six months.

(2)     A Government servant who is declared by a medical authority to be completely and permanently incapacitated for further service shall-

(a)      if he is on duty, be invalidated from service from the date of relief of his duties, which should be arranged without delay on receipt of the report of the medical authority, if however, he is granted leave under sub-rule (1), he shall be invalidated from service on the expiry of such leave.

(b)      if he is already on leave, be invalidated from service on the expiry of that leave or extension of leave, if any, granted to him under sub-rule (1).

Rule - 19. Commencement and termination of leave.

Except as provided in rule 20, leave ordinarily begins on the day on which the transfer of charge is affected and ends on the day preceding that on which the charge is resumed.

Rule - 20. Combination of holidays with leave.

(1)     Except in cases, where for administrative reasons the leave sanctioning authority has specifically withheld the permission for prefixing and/or suffixing holiday(s) to leave, when the day, immediately preceding the day on which a Government servant's leave begins or immediately following day on which his leave expires is holiday or one of a series of holidays, the Government servant can leave his station at the close of the day before, or return to it on the day following, such holiday or series of holidays.

(2)     In the case of leave on medical certificate-

(a)      When a Government servant is certified medically unfit to attend office, holiday(s), if any, immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any, immediately succeeding the day he is so certified (including that day) shall be treated as part of the leave.

(b)      When a Government servant is certified medically fit for joining duty, holiday(s) if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave and holidays if any, preceding the day he is so certified shall be treated as the part of the leave.

(3)     If holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the day after the holidays.

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

Rule - 21. Intimation of Leave at credit.

The order sanctioning earned leave/half pay leave to a Government servant shall indicate the balance of such leave at his credit.

Rule - 22. Recall to duty before expiry of leave.

A Government servant while on leave, if recalled to duty before expiry of the leave, he shall be entitled:-

(a)      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:-

(i)       travelling allowance under rules made in this behalf for the journey; and

(ii)      leave salary, until he joins his post, at the same rate at which he would have drawn it but for recall to duty.

(b)      If the leave from which he is recalled is out of India, to be treated as on duty from the date on which he starts for India, and to receive-

(i)       leave salary, for the journey to India and for the period from the date of landing in India to the date proceeding to the date of joining his post, at the same rate at which he would have drawn it but for recall to duty;

(ii)      a free passage to India;

(iii)     refund of his passage from India, if he has not completed half the period of his leave by the date of leaving for India on recall, or three months, whichever is shorter;

(iv)    travelling allowance, under the rules for the time being in force, for travel from the place of landing in India to the place of duty.

Rule - 23. Return from leave.

(1)     A Government servant on leave shall not return to duty before the expiry of the period of leave granted to him, unless he is permitted to do so by the authority which granted him leave.

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

(3)     A Government servant who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness in Form 4.

(4)     (a) A Government servant returning from leave is not entitled, in the absence of specific orders to that effect, to resume as a matter of course the post which he held before going on leave.

(b) Such Government servant shall report his return to duty to the authority, which granted him leave or to the authority, if any, specified in the order granting him leave and await orders.

Note- A Government servant, who has been suffering from tuberculosis, may be allowed to resume duty on the basis of Fitness Certificate, which recommends light work for him.

Rule - 24. Absence after expiry of leave.

(1)     Unless the authority competent to grant leave extends the leave, Government servant who remains absent after the end of leave, the period of such absence not covered by grant of leave shall have to be treated as 'dies-non' for all purpose including leave. He will not be entitled to any leave salary for the period of such absence and that period shall be debited against his leave account as though it were half pay leave to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.

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

CHAPTER-IV KINDS OF LEAVE DUE AND ADMISSIBLE

Rule - 25. Earned leave for Government servant serving in Departments other than Vacation Department.

(1)     (a) (i) The leave account of every Government servant who is serving in a department other than a Vacation Department shall be credited with earned leave in advance in two installments of 15 days each on 1st January and 1st July every calendar year.

(ii) When a Government servant joins a new post without availing full joining time by reason that-

(a)      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

(b)      he proceeds alone to the 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 travelling allowance for the family;

The number of days of joining time as admissible under sub-rule (4) of rule 5 of Chhattisgarh Civil Services (Joining Time) Rules, 1982, subject to the 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 300 days.

(b) The leave at the credit of a Government servant at the close of the previous half year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit for the half year, do not exceed the maximum limit of 300 days:

Provided that where the earned leave at the credit of Government servant as on the last day of December or June is 300 days or less but more than 285 days (excluding the unavailed portion of joining time credited to earned leave account during the previous half year), the advance credit of 15 days earned leave on first day of January or July to be accorded in the manner indicated under clause (b), shall instead of, being credited in leave account, be kept separately and first adjusted against the earned leave that the Government servant takes during that half year and the balance, if any, shall be credited to the leave account at the close of the half year, subject to the condition that balance of such earned leave plus leave already at credit do not exceed the maximum limit of 300 days.

(2)     If a Government servant is on leave on the last day of any particular half of a calendar year, he shall be entitled to earned leave credited on the first of the succeeding half year, provided the authority competent to grant leave has reason to believe that the Government servant will return to duty on its expiry.

(3)     The maximum earned leave that may be granted at a time to a Government servant shall be 180 days.

Rule - 26. Calculation of earned leave.

(1)     Earned leave shall be credited to the leave account of a Government servant 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.

(2)     (a) The credit for the half-year in which a Government servant is due to retire or resigns from the service, shall be accorded only at the rate of 2-1/2 days per completed calendar month up to the date of retirement or resignation.

(b) When a Government servant is removed or dismissed from 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 up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.

(3)     If a Government servant has availed of extra-ordinary leave and/or some period of absence has been treated as 'dies-non' in a half year, the credit to be afforded to his leave account, at the commencement of the next half year shall be reduced by 1/10th of the period of such leave and/or dies-non, subject to a maximum of 15 days.

(4)     While according credit of earned leave, fractions of a day shall be rounded off to the nearest day i.e. fraction below half should be ignored and that of half or more should be reckoned as a day.

Rule - 27. Earned leave for persons serving in vacation department.

(1)     (a) The leave account of a person serving in a vacation department shall be credited in advance with earned leave in two installments of five days each on the first day of January and July, of every year.

(b) If a person serving in a vacation department has availed of extra ordinary leave and/or some period of absence has been treated as 'dies-non' during a half year, the credit to be accorded to his leave account at the commencement of the next half-year shall be reduced by 1/30th of the period of such leave and/or 'dies-non' subject to a maximum of five days.

(c) The credit for the half-year in which a person working in a vacation department is appointed/ceases to be in service shall be allowed at the rate of 5/6 day for each completed month of service, which he has rendered in the half-year in which he is appointed or ceases to be in service.

(2)     Subject to provisions of sub-rule (1), a Government servant serving in a vacation department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(3)     (a) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 20 days, as the number of days of vacation not taken bears to the full vacation.

(b) If in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 25, earned leave, credited in advance in respect of that year in accordance with the provision of sub-rule (1) shall be adjusted against the earned leave so credited under rule 25.

Explanation- For the purpose of this rule, the term 'year' shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a vacation department.

Note.- (1) A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special orders of a higher authority to forgo such vacation or portion of a vacation:

Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.

Note.- (2) When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave, but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.

Note.- (3) In the case of a Government servant serving in a vacation department, the earned leave, if any, admissible under sub-rule (3) will be in addition to the earned leave admissible under sub-rule (1).

(4)     Vacation may be taken in combination with or in continuation of any kind of leave under these rules, provided that the total duration of the vacation and earned leave taken in conjunction, whether the earned leave is taken in combination with or in continuation of other leave or not, shall not exceed the amount of earned leave due and admissible to the Government servant at a time under rule 25.

(5)     The earned leave under this rule at the credit of a Government servant at the close of the previous half-year shall be carried forward to the next half-year, subject to the condition that the leave so carried forward plus the credit for the half-year do not exceed the maximum limit of 300 days.

Note- The facility of crediting of unavailed portion of joining time shall be admissible to persons serving in vacation department in accordance with the provision of sub-clause (ii) of clause (a) of sub-rule (1) of rule 25.

Rule - 28. Half pay leave.

(1)     The half pay leave account of every Government servant shall be credited with half pay leave in advance, in two installments of ten days each on the first day of January and July of every calendar year.

(2)     (a) 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.

(b) The credit for the half-year in which a Government servant is due to retire or resigns from the service shall be allowed at the rate of 5/3 days per completed calendar month up to the date of retirement or resignation.

(c) When a Government servant 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 calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.

(d) Where a period of absence or suspension of a Government servant has been treated as 'dies-non' in a half-year, the credit to be accorded to his half pay leave account at the commencement of next half-year, shall be reduced by one eighteenth of the period of 'dies-non' subject to the maximum of ten days.

(3)     The leave under this rule may be granted to a Government servant on medical certificate or on private affairs. Such leave on medical certificate shall be given on production of a medical certificate from such medical authority as Government may by general or special order prescribe in this behalf and for a period not exceeding that recommended by the medical authority. Such medical leave shall not be granted unless the authority competent to sanction leave is satisfied that there is a reasonable probability that the Government servant will be fit to return to duty on its expiry. Half pay leave on private affairs also shall not be granted unless the authority competent to sanction leave has reasons to believe that the Government servant will return to duty on its expiry or unless it is included in the grant of leave expressed to be preparatory to retirement.

(4)     While affording credit of half pay leave, fraction of a day shall be rounded off to the nearest day.

Rule - 29. Commuted leave.

(1)     Commuted leave not exceeding half the amount of half pay leave due may be granted on medical certificate only to a Government servant, subject to the following conditions:-

(i)       When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due.

(ii)      No commuted leave may be granted unless the authority competent to sanction leave has reason to believe that the Government servant will return to duty on its expiry.

(iii)     Commuted leave shall not be granted preparatory to retirement.

(2)     Half pay leave up to maximum of 180 days may be allowed to be commuted during entire service (without production of medical certificate) where such leave is utilized for an approved course of study certified to be in the public interest by the leave sanctioning authority.

(3)     Where a Government servant who has been granted commuted leave resigns from service or at his request permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the difference between the 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 Government servant for further service or in the event of his death.

Note- Commuted leave may be granted at the request of the Government servant even when earned leave is due to him.

Rule - 30. Leave not due.

(1)     Save in the case of leave preparatory to retirement, leave not due may be granted to a Government servant, subject to the following conditions:-

(a)      The authority competent to grant leave is satisfied that there is reasonable prospect of the Government servant returning to duty on its expiry;

(b)      Leave not due shall be limited to the half pay leave he is likely to earn thereafter;

(c)      Leave not due during the entire service shall be limited to a maximum of 360 days, out of which not more than 90 days at a time and 180 days in all may be otherwise than on medical certificate;

(d)      Leave not due shall be debited against the half pay leave, the Government servant may earn subsequently.

(2)     (a) Where a Government servant who has been granted leave not due resigns from service or at his request permitted to retire voluntarily without returning to duty, the leave not due shall be cancelled, his resignation or retirement taking effect from the date on which such leave had commenced, and the leave salary shall be recovered.

(b) Where a Government servant who having availed himself of leave not due returns to duty but resigns or retires from service before he has earned such leave, he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently:

Provided that no leave salary shall be recovered under clause (a) or clause (b), if the retirement is by reason of ill-health incapacitating the Government servant for further service or in the event of his death:

Provided further that no leave salary shall be recovered under clause (a) or clause (b), if the Government servant is compulsorily retired prematurely under rule 42 (b) of the Chhattisgarh Civil Services (Pension) Rules, 1976, or is retired under Fundamental Rule 56 (2)(a).

Rule - 31. Extra-ordinary Leave.

(1)     Subject to the provisions of rule 11, extraordinary leave may be granted to a Government servant in the following special circumstances:-

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

(b)      when any other kind of leave is admissible, but the Government servant applies in writing for the grant of extra-ordinary leave.

(2)     The authority competent to grant leave may retrospectively convert period of absence without leave into extra ordinary leave even when any other kind of leave was admissible at the time when absence without leave commenced

(3)     Extra-ordinary leave shall not be sanctioned to a Government servant during the period of notice given by him/her for seeking voluntary retirement.

(4)     Extra ordinary leave shall not be debited to the leave account.

Rule - 32. Leave to probationer, a person on probation and an apprentice.

(1)     (a) A probationer shall be entitled to leave under these rules, if he had held his post substantively otherwise than on probation.

(b) If, for any reason, it is proposed to terminate the services of a probationer, any leave, which may be granted to him, shall not extend-

(i)       beyond the date on which the probationary period as already sanctioned or extended expires, or

(ii)      beyond any earlier date on which his services are terminated by the orders of an authority competent to appoint him.

(2)     An apprentice shall be entitled to-

(a)      leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship;

(b)      extra-ordinary leave under rule 31.

Rule - 33. Leave preparatory to retirement.

(1)     A Government servant may be permitted by the authority competent to grant leave to take leave preparatory to retirement to the extent of earned leave due, not exceeding 300 days together with half pay leave due, subject to the condition that such leave extends up to and includes the date of retirement.

Note- The leave granted as leave preparatory to retirement shall not include extra-ordinary leave.

(2)     Where a Government servant who is on foreign service in or under any local authority or a corporation or company wholly or substantially owned or controlled by the Government or a body controlled or financed by the Government (hereinafter referred to as the local body) applies for leave preparatory to retirement the decision to grant or refuse such leave shall be taken by foreign employer with the concurrence of the lending authority under the State Government.

(3)     Where a Government servant is on Foreign Service in or under a local body other than the one mentioned in sub rule (2), leave preparatory to retirement shall be admissible to him only when he quits duty under the foreign employer.

Rule - 34. Leave beyond the date of retirement, compulsory retirement or quitting of service.

No leave shall be granted to a Government servant beyond -

(a)      the date of his retirement, or

(b)      the date of his final cessation of duties, or

(c)      the date on which he retired by giving notice to Government or he is retired by Government by giving him notice or notice pay and allowances, in lieu of such notice, in accordance with the terms and conditions of his service, or

(d)      the date of his resignation from service.

Rule - 35. Persons re-employed after retirement.

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

Rule - 36. Leave Salary.

(1)     A Government servant who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave:

Provided that, if a Government servant on deputation to foreign service in India or officiating on a higher post, on reversion to his original post/cadre proceeds on earned leave without joining the post of his reversion, shall be entitled to draw leave salary equal to the pay which he would have drawn, but for his appointment to higher Post, immediately before proceeding on earned leave.

Note- In respect of any period spent on foreign service out of India, the pay which the Government servant would have drawn if on duty in India, but for foreign service out of India, shall be substituted for the pay actually drawn while calculating leave salary.

(2)     A Government servant on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).

(3)     A Government servant on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1).

(4)     A Government servant on extra-ordinary leave is not entitled to any leave salary.

(5)     In the case of a person to whom the Employees' State Insurance Act, 1948(34 of 1948) applies, leave salary payable during leave, other than earned leave, shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.

(6)     (a) If, in the case of a Government servant who retires or resigns from service, the leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any overdrawn.

(b) Where the quantum of earned leave already availed of by a Government servant who is dismissed or removed from service or who dies while in service is in excess of the leave credited under clause (b) of sub-rule (2) of rule 26, the over payment of leave salary shall be recovered in such cases.

(7)     A Government servant who is granted leave earned by him during the period of re-employment shall be entitled during such leave to leave salary as admissible under this rule, reduced by the amount of pension and pension equivalent of other retirement benefits.

Rule - 37. Drawal of leave salary.

The leave salary payable under these rules shall be drawn in rupees in India.

CHAPTER-V SPECIAL KINDS OF LEAVE OTHER THAN STUDY LEAVE

Rule - 38. Maternity leave.

(1)     Maternity leave may be granted to a female Government servant with less than two surviving children up to a period of 135 days from the date of its commencement. During such period, she will be entitled to leave salary equal to pay drawn immediately before proceeding on leave.

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

(3)     Maternity leave may be combined with leave of any other kind.

(4)     Maternity leave may also be granted to a female Government servant (irrespective of the number of surviving children) in cases of miscarriage including abortion, subject to the condition that the leave shall be limited to the period recommended by the appropriate medical authority subject to a maximum of forty five days during the entire service.

Note- An abortion induced under the Medical Termination of Pregnancy Act, 1971 shall also be considered a case of 'abortion' for the purpose of this rule, but however no leave shall be granted under this rule in cases of' 'threatened abortion'.

Rule - 38-A. Paternity leave.

(1)     A male Government servant with less than two surviving children may be granted paternity leave for a period of 15 days by an authority competent to grant leave during the confinement of his wife for child birth i.e., up to 15 days before or up to 6 months from the date of delivery of the child.

(2)     During the period of such leave the Government servant shall be paid the leave salary equal to the pay drawn immediately before proceeding on leave.

(3)     Paternity leave shall not be debited against the leave account and may be combined with any other kind of leave.

(4)     If paternity leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.

Note- This leave shall not normally be refused.

Rule - 38-B. Child Adoption Leave.

(1)     A female Government servant with less than two surviving children may be granted Child Adoption Leave up to a period of 135 days (limited till the date the adopted child attains the age of 1 year) on legal adoption of a child up to one year of age. During such period, she will be entitled to leave salary equal to pay drawn immediately before proceeding on leave.

(2)     Child Adoption Leave may be combined with leave of any other kind.

(3)     In continuation of 'Child Adoption Leave', the adoptive mother may also be granted, if applied for, the leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 (sixty) days without production of medical certificate) for a period up to one year reduced by the age of the adopted child on the date of legal adoption without taking into account the period of child Adoption Leave.

(4)     Child Adoption Leave shall not be debited against the leave account.

Rule - 39. Special disability leave for injury intentionally inflicted.

(1)     The authority competent to grant leave may grant special disability leave to a Government servant (whether permanent or temporary) who is disabled by injury intentionally inflicted or caused in, or in consequence of the due performance of his official duties or in consequence of his official position.

(2)     Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude in bringing it to notice:

Provided that the authority competent to grant leave may, if it is satisfied as to the cause of the disability, permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.

(3)     The period of leave granted shall be such as is certified by an Authorized Medical Attendant and shall in no case exceed 24 months.

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

(5)     Special disability 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)     Special disability leave shall be counted as duty in calculating service for pension and shall not be debited against the leave account.

(7)     Leave salary during such leave shall-

(a)      for the first 120 days of any period of such leave, including a period of such leave granted under sub-rule (5); be equal to leave salary while on earned leave; and

(b)      for the remaining period of any such leave, be equal to leave salary during half pay leave.

(8)     In the case of a person to whom the Employees' State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

Rule - 40. Special disability leave for accidental injury.

(1)     The provisions of rule 39 shall apply also to a Government servant, whether permanent or temporary, who is disabled by injury accidentally incurred in, or in consequence of, the due performance of his official duties or in consequence of his official position or by illness incurred in the performance of any particular duty, which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the civil post which he holds.

(2)     The grant of special disability leave in such case, shall be subject to the further conditions-

(i)       that the disability, if due to disease, must be certified by an Authorized Medical Attendant to be directly due to the performance of the particular duty;

(ii)      that, if the Government servant has contracted such disability during service otherwise than with a military force, it must be, in the opinion of the authority competent to sanction leave, exceptional in character; and

(iii)     that, the period of absence recommended by an Authorized Medical Attendant may be covered in part, by leave under this rule and in part by any other kind of leave, and that the amount of special disability leave granted on leave salary equal to that admissible on earned leave shall not exceed 120 days.

Rule - 40-A. Power to grant special disability leave.

All cases relating to the grant of special disability leave under rules 39 and 40, shall be referred to the Administrative Department concerned for concurrence.

Rule - 41. Power to grant leave other than special disability leave and study leave.

(1)     The administrative department may designate leave sanctioning authorities for leave other than special disability leave and study leave in respect of Government servants serving in the department and may also prescribe the limits up to which and the conditions under which such authorities may sanction leave.

(2)     All cases of leave other than those mentioned in sub-rule (1), shall be referred to the administrative department

Chapter VI STUDY LEAVE

Rule - 42. Conditions for grant of study leave.

(1)     Subject to the conditions specified in these rules, study leave may be granted to a Government servant with due regard to the exigencies of public service to enable him to undergo, in or out of India, a special course of study consisting of higher studies or specialized training in a professional or a technical subject having a direct and close connection with the sphere of his duty.

(2)     Study leave may also be granted-

(i)       for a course of training or study tour in which a Government servant may not attend a regular academic or semi-academic course, if the course of training of the study tour is certified to be of definite advantage to Government from the point of view of public interest and is related to the sphere of duties of the Government servant; and

(ii)      for the purpose of studies connected with the frame-work or back ground of public administration, subject to the conditions that-

(a)      the particular study or study tour should be approved by the authority competent to sanction study leave; and

(b)      the Government servant should be required to submit on his return, a full report of the work done by him while on study leave.

(iii)     for the studies which may not be closely or directly connected with the work of the Government servant, but which are capable of widening his mind in a manner likely to improve his abilities as a civil servant' and to equip him better to collaborate with those employed in other branches of the public service.

(3)     Study leave shall not be granted unless-

(i)       it is certified by the Administrative Department that the proposed course of study or training shall be of definite advantage from the point of view of public interest;

(ii)      It is for prosecution of studies in subjects other than academic or literary subject:

Provided that a specialist or a technical person may be granted study leave, on merits of each case for prosecuting a postgraduate course of study directly related to the sphere of his duty in case the Secretary to the Department concerned certifies that the course of study shall enable the specialist or the technical person, as the case may be, to keep abreast with modern development in the field of his duty, improve his technical standards and competence and thus substantially benefit the Department.

(iii)     The Economic Affairs Department of the Government of India, Ministry of Finance agree to the release of foreign exchange involved in the grant of study leave, if such leave is out of India.

(4)     Study leave out of India shall not be granted for the prosecution of studies in subjects for which adequate facilities exist in India.

(5)     Study leave may be granted to a regular Government servant-

(i)       who has satisfactorily completed the period of probation and has rendered not less than five years' continuous service including the period of probation and service in ad-hoc capacity under the Government;

(ii)      who is not due to reach the age of superannuation from the Government service within three years from the date on which he is expected to return to duty after the expiry of leave;

(iii)     who executes a bond as laid down in rule 49 undertaking to serve the Government for a period of three years after the expiry of leave.

(6)     Study leave shall not be granted to Government servant with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave.

Rule - 43. Sanction of study leave.

(1)     Study leave may be sanctioned to a Government servant by the Administrative Department.

(2)     Where a Government servant borne permanently on the cadre of one department or establishment is serving temporarily in another department or establishment, the grant of study leave to him shall be subject to the condition that the concurrence of the department or establishment to which he is permanently attached is obtained before leave is granted.

(3)     On completion of the course of study, the Government servant shall submit to the authority which granted him the study leave, the certificate of examination passed or special course of study undertaken, indicating the date of commencement and termination of the course with the remarks, if any, of the authority in charge of the course of study.

Rule - 44. Maximum amount of study leave that may be granted at a time and during the entire service.

Maximum amount of study leave, which may be granted to a Government servant, shall be-

(i)       ordinarily twelve months at any one time which shall not be extended save for exceptional reasons; and

(ii)      during the entire service, twenty-four months in all (inclusive of similar kind of leave for study or training granted under any other rules).

Rule - 45. Accounting of study leave and combination with leave of other kinds.

(1)     Study leave shall not be debited against the leave salary of Government servant.

(2)     Study leave may be combined with other kinds of leave, but in no case shall the grant of this leave in combination with leave other than extra-ordinary leave involve a total absence of more than twenty eight months generally and thirty-six month for the course leading to Ph.D. degree or a post graduate degree of more than twenty eight months duration from the regular duties of the Government servant.

(3)     A Government servant granted study leave in combination with any other kind of leave may, if he so desires undertake or commence his study before the end of the other kind of leave but the period of such leave coinciding with the course of study shall not count as study leave.

Note- the limit of absence prescribed in sub-rule (2) includes the period of vacation.

Rule - 46. Regulation of study leave extending beyond course of study.

When the course of study falls short of study leave sanctioned, the Government servant shall resume duty on the conclusion of the course of study, unless the previous assent of the authority competent to sanction leave to treat the period of short fall as ordinary leave has been obtained.

Rule - 47. Admissibility of allowances in addition to leave salary.

No allowance of any kind other than the dearness allowance shall be admissible to a Government servant in respect of the period of study leave granted to him.

Rule - 48. Grant of travelling allowance.

A Government servant shall not ordinarily be paid travelling allowance, but the Governor may in exceptional circumstances sanction the payment of such allowance.

Rule - 49. Execution of bond.

Every Government servant in permanent employ who has been granted study leave or extension of such leave shall be required to execute a bond as given in Form 5 or Form 6, as the case may be, before the study leave or extension of such leave granted to him commences. If study leave or extension of such leave is granted to a Government servant not in permanent employ, the bond shall be executed as given in Form 7 or Form 8 as the case may be.

Rule - 50. Resignation or retirement after study leave or non-completion of course of study.

(1)     If a Government servant resigns or retires from service or otherwise quits service without returning to duty after a period of study leave or within a period of three years after such return to duty or fails to complete the course of study and is thus unable to furnish the certificate as required under sub-rule (3) of rule 43 he shall be required to return-

(i)       the actual amount of leave salary, cost of fees, travelling and other expenses, if any, incurred by the Government; and

(ii)      the actual amount if any, of the cost incurred by other agencies such as foreign Governments, Foundations and Trusts in connection with the course of study, together with an annual rate of 12% interest thereon from the date of demand, before his resignation is accepted or permission to retire is granted or his quitting service otherwise:

Provided that except in the case of employees who fail to complete the course of study nothing in this rule shall apply-

(a)      a Government servant who on return to duty from study leave is permitted to retire from service on medical grounds; or

(b)      to a Government servant who on return to duty from study leave is deputed to serve in any autonomous body or in any institution under the control of the Government, and is subsequently permitted to resign from the service under the Government with a view to his permanent absorption in the said statutory or autonomous body or institution in the public interest.

(2)     (a) The study leave availed of by such a Government servant shall be converted into regular leave standing at his credit on the date on which the study leave commenced, any regular leave taken in continuation of study leave being suitably adjusted for the purpose and the balance of the period of study leave, if any, which cannot be so converted, treated as extra-ordinary leave. 

(b) In addition to the amount to be refunded by the Government servant under sub-rule (1), he shall be required to refund any excess of leave salary actually drawn over the leave salary admissible on conversion of the study leave.

(3)     Notwithstanding anything contained in this rule, the Governor may, if it is necessary or expedient to do so, either in public interest or having regard to the peculiar circumstances of the case or class of cases, by order, waive or reduce the amount required to be refunded under sub-rule (1) by the Government servant concerned or class of Government servants.

Rule - 51. Leave salary during the study leave.

(1)     During study leave availed, a Government servant shall draw leave salary equal to the pay (without allowance other than dearness allowance) that the Government servant drew while on duty with Government immediately before proceeding on such leave.

(2)     (a) Payment of leave salary on full rate under clause (a), shall be subject to furnishing of a certificate by the Government servant to the effect that he is not in receipt of any scholarship, stipend or remuneration in respect of any part time employment.

(b) The amount, if any, received by a Government servant during the period of study leave as scholarship or stipend or remuneration in respect of any part- time employment, shall be adjusted against the leave salary payable under this sub-rule, subject to the condition that the leave salary shall not be reduced to an amount less than that payable as leave salary during half pay leave.

Rule - 52. Counting of study leave for promotion, pension, seniority, leave and increments.

Study leave shall count as service for promotion, pension and seniority. It shall also count as service for increments as provided in rule 26 of the Fundamental Rules.

Rule - 53. Application for study leave.

(1)     (a) Every application for study leave shall be submitted through proper channel to the authority competent to grant leave.

(b) The course or courses of study contemplated by the Government servant and any examination, which he proposes to undergo, shall be clearly specified in such application.

(2)     Where it is not possible for the Government servant to give full details in his application, or if, after leaving India he is to make any change in the programme which has been approved in India, he shall submit the particulars as soon as possible to the Head of the Mission or the authority competent to grant leave, as the case may be and shall not, unless prepared to do so at his own risk, commence the course of study or incur any expenses in connection therewith until he receives the approval of the authority competent to grant the study leave for the course.

CHAPTER-VII MISCELLANEOUS

Rule - 54. Interpretation.

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

Rule - 55. Repeal and saving.

(1)     On the commencement of these rules, every rule, regulation or order, including memorandum (hereinafter referred to in this rule as the old rule) in force immediately before such commencement shall, in so far as it provides for any of the matters contained in these rules, cease to operate.

(2)     Notwithstanding such cesser of operation, anything done or any action taken or any leave earned by, or granted to, or accrued to the credit of a Government servant, under the old rule, shall be deemed to have been done, taken, earned, granted or accrued under the corresponding provisions of these rules.

(3)     For the purposes of grant of leave under these rules, the powers delegated under the old rules shall continue to apply.