THE
ORISSA EDUCATION (LEAVE OF TEACHERS AND OTHER MEMBERS OF THE STAFF OF AIDED
EDUCATIONAL INSTITUTIONS) RULES, 1977
CHAPTER I
Rule - 1. Short title and commencement.
(1)
These rules may be called The
Orissa Education (Leave of Teachers and Other Members of the Staff of Aided
Educational Institutions) Rules, 1977.
[(2)
They shall come into force on such date as the Government may by order appoint
in that behalf:
Provided that it shall be
within the competence of the Government to appoint different dates in respect
of different categories of Aided Educational Institutions.
Rule - 2. Definitions.
(1)
In these rules, unless the
context otherwise requires-
(a)
"Act" means the Orissa
Education Act, 15 of 1969;
(b)
"Board" means the Board
of Secondary Education constituted under Section 3 of the Orissa Secondary
Education Act, 1952 (Orissa Act 10 of 1953);
(c)
"Director" means the
Director of Public Instruction and includes such other officer as Government
may from time to time notify:
Provided that, when there
is more than one Director of Public Instruction or when it is decided by
Government that an officer shall be notified as the Director for the purposes
of these rules, it shall be competent for Government to specify the categories
of institutions in respect of which such officer shall function as the
Director;
(d)
"District Inspector"
means the District Inspector of Schools in charge of an educational district.
(e)
"Employee" means
teachers of Aided Educational Institutions and includes other members of the
staff of such institutions;
(f)
"Government" means the
Government of Orissa in the Education Department;
(g)
"Inspector" means the
Inspector of Schools in charge of an Educational Circle;
(h)
"Institution" means an
educational institution as defined in Section 3(e) of the Act.
(i)
"Section" means a
section of the Orissa Education Act, 1969;
(j)
"University" means a
University incorporated under the provisions of Utkal University Act, 20 of
1966 or the Berhampur University Act, 21 of 1966 or the Sambalpur University
Act, 22 of 1966.
(2)
All words and expression used in
these rules but not defined therein shall have the same meaning as are assigned
to them in the Act.
CHAPTER-II
Rule - 3.
Leave cannot be claimed as
matter of right. When the exigencies of work so require discretion to refuse or
revoke or curtail leave is reserved to the authority competent to grant it.
Rule - 4.
Except as otherwise
provided the various kinds of leave admissible under these rules; may be
granted in combination with or in continuation of any other kinds of leave.
Rule - 5.
(1)
Except as otherwise provided in
these rules-
(i)
Leave begins on the day on which
transfer of charge is effected or if charge is transferred afternoon, on the
following day; and
(ii)
Leave ends on the day on which
charge is resumed or if charge is resumed before noon on the preceding day.
(2)
When an employee is permitted to
prefix holidays to leave his leave ends on the first day after the holiday.
(3)
When an employee is permitted to
suffix holidays to leave his leave begins on the day on which it would have
ended if the holidays had not been suffixed.
(4)
When an employee is permitted
under Rule 6 to combine leave with vacation, his leave begins or ends on the
day on which it would have begun or ended if had not been combined with
vacation.
Rule - 6.
An employee may be
permitted to combine vacation with leave either at the beginning or at the end
thereof provided that
(i)
no additional expenses shall be
incurred by the institution for the period of the vacation;
(ii)
vacation shall not be both
prefixed and suffixed to leave;
(iii)
leave shall not be both prefixed
and suffixed to vacation;
(iv)
the total duration of vacation
and earned leave taken in conjunction shall not exceed two hundred and eighty
days.
(v)
the duration of vacation and
earned leave and commuted leave taken in conjunction shall not exceed one
hundred and forty days:
Rule - 7.
An employee who remains
absent after the end of his leave is not entitled to leave salary for the
period of such absence, and that period will be debited against his leave
account as though it were leave on half average pay, unless his leave is
extended by the competent authority. Wilful absence from duty after expiry of
leave may be treated as misconduct involving disciplinary action.
Rule - 8.
An employee on leave is
prohibited from taking any service or accepting any employment without
obtaining the previous sanction of the appointing authority.
CHAPTER-III
Rule - 9. Earned leave.
(1)
The earned leave admissible to an
employee who hold a post substantively one eleventh of the period spent on
duty.
(2)
The earned leave admissible to an
employee is subject to the following conditions, namely:
(i)
for each year of duty in which an
employee has availed himself of the vacation, his earned leave shall be reduced
by twenty days when the entire vacation has been enjoyed:
(ii)
if a part of the vacation has
been enjoyed in any year, the period by which the earned leave shall be reduced
shall be a fraction of twenty days equal to the proportion which the part of
the vacation taken, bears to be full period of vacation.
[(3)
An employee shall cease to earn leave when the earned leave due amount to two
hundred and forty days]
(4)
The maximum earned leave that will be
granted to an employee at a time shall be one hundred and twenty days.
(5)
An employee who does not hold a post
substantively shall not earn any leave during the first year of his service and
shall earn it thereafter at one eleventh of the period spent on duty. If,
however, he had availed of the entire vacation he shall not earn any leave, but
when he has availed vacation, the reduction shall be made proportionately as
provided in Sub-rule (2). In no case he shall earn further leave when the leave
at his credit amounts to ninety days.
Explanation-(1) A person
who has completed his probation satisfactorily will be deemed to hold the post
to which he was appointed on a substantive basis, with effect from the date of
completion of period of probation, provided that the period of probation will
not be less than one year in any case.
(2) For the purpose of
this rule vacation counts as duty.
Rule - 10.
(1)
Half-pay leave admissible to an
employee in respect of each completed year of service shall be twenty days.
(2)
The half-pay leave due may be
granted to an employee either on medical grounds or on private affairs:
Provided that no half pay
leave may be granted to an employee without a substantive appointment, unless
the authority competent to sanction leave has reason to believe that the
employee will return to duty on its expiry.
Rule - 11.
(1)
At his option, an employee may
have the half-pay leave due to his credit converted into half the amount of
full pay leave when such leave is granted on medical certificate. Such
converted leave shall be called commuted leave and the maximum limit up to
which the commuted leave may be granted during the entire service is two
hundred and forty days.
(2)
Commuted leave may be combined
with earned leave but such combination shall be limited to two hundred and
forty days. This limit also applies to the combination of earned leave,
vacation and commuted leave provided that no commuted leave may be granted when
there is no reasonable prospect of the employee returning to duty on its
expiry.
Rule - 12. Extraordinary leave.
(1)
Extraordinary leave may be
granted to an employee in special circumstances-
(i)
when no other leave is by rule,
admissible; or
(ii)
when other leave is admissible,
but the employee concerned applies for the grant of extraordinary leave.
(2)
Except in the case of an employee
with a substantive appointment who has rendered not less than three years
continuous service, the duration of extraordinary leave on any one occasion
shall not exceed the following limits-
(i)
two months; or
(ii)
four months in special cases
where the sanctioning authority is satisfied that the absence is due to illness
of the employee; or
(iii)
eighteen months in the case of an
employee undergoing treatment for tuberculosis or leprosy supported by a
medical certificate:
Provided that the
concession in Clause (iii) above will be admissible only to those employees who
have been in continuous service for a period exceeding one year.
(3)
An employee who does not hold a
post substantively may be granted during deputation on training, extraordinary
leave from the date of his relief till the date of resumption of duty on return
from training provided that he has completed a minimum period of one year's
continuous service on the date of deputation, and the authority competent to
grant the leave is satisfied that such training is necessary for improving the
professional knowledge of the employee.
(4)
Where an employee without any
substantive appointment fails to resume duty on the expiry of the period of
extraordinary leave granted to him, he shall, unless the appointing authority
in view of the exceptional circumstances of the case otherwise determines, be
deemed to have resigned his appointments and shall accordingly cease to be in
employment.
[(5)
Extraordinary leave taken on account of illness or for any reason beyond the
employee's control or for prosecuting higher scientific or technical studies
may be allowed to count for increments:
Provided that when
extraordinary leave is sanctioned in favour of an employee for the purpose of
study such employee shall on return from leave produce satisfactory evidence in
the form of a degree, diploma or other qualification or in the form of a
certificate from the head of the institute where the course of study had been
prosecuted to show that he has profited from such study, failing which the
order allowing the period of extraordinary leave to account for increments
shall be revoked by the authority]
[(6)
Notwithstanding anything contained in the aforesaid sub rules, when Government
are satisfied that the operation of any of the provisions of the said Sub-rules
causes under hardship to the employee or employees in any particular case it
may be ah order for the reasons to be recorded in writing, dispense with or
relax the requirements of that rule to such extent and subject to such
conditions as it may consider necessary for dealing with the case in just and
equitable manner.
Rule - 13. Study leave.
(1)
Study leave may be granted to a
teacher of Aided College to enable him study scientific, technical or similar
problems or to undergo a special course of instruction such leave is not
debited against the leave account.
(2)
Study leave will not ordinarily
be granted to a teacher of an Aided College of less than five years service or
to a teacher within three years of the date on which he will attain the age of
compulsory retirement.
(3)
the grant of study leave will be
made with a regard to the interest of the college. In no case will the grant of
this leave in combination with leave other than extraordinary leave or leave on
medical certificate involve an absence or over thirty months during the whole
period of his service nor will it be granted with such frequency as to remove
him from contract with his regular work or to cause difficulties owing to
absence on leave.
(4)
Study leave sanctioned in favour
of a teacher of an Aided College will be limited to the actual period required
for the completion of the courses of study. If the courses of study involves a
period less than the period of study leave sanctioned the excess period of
leave will be treated to absence from study unless he produces the assent of
the sanctioning authority to his taking it as ordinary leave.
(5)
Study leave will count as
services for all purposes but shall not be set off against any which may be due
to a teacher of an Aided College.
[(6)
During study leave a teacher of an Aided College shall be entitled to leave
salary at the rate admissible to the counterpart in Government College only for
a maximum period of two years.
Rule - 14. Maternity leave.
(1)
Maternity leave may be granted to
a married female employee by the authority empowered to grant ordinary leave
subject to the following conditions
[(i)
the period of such leave shall not extend beyond ninety days from the date of
its commencement.]
[(ii)
No maternity leave shall be granted to a female employee for the third and
subsequent issue.]
[(2)
Maternity leave may be combined with leave of any other kind due up to a
maximum of sixty days.]
(3)
Leave salary during the maternity leave
shall be equal to the pay drawn by the employee concerned at the time of taking
leave.
NOTE I-Maternity leave may
also be granted in case of miscarriage including abortion subject to the
condition that the leave does not exceed six weeks and the application is
supported by a certificate from the Medical Attendant.
[NOTE
II-The expression "obtain" in NOTE I shall include an abortion
induced under the Medical Termination of Pregnancy Act, 1971].
Rule - 15.
Earned leave at the credit
of an employee shall lapse on the date of compulsory retirement, provided that
if in sufficient time before that date, he has-
(i)
formally applied for leave due as
preparatory to retirement which has been refused; or
(ii)
ascertained in writing from the
sanctioning authority that such leave applied for would not be granted, in
either case the ground of refusal being the requirement of service to the
institution after paying due regard to the provisions in Sub-rule (3) of Rule
16, then he may be granted, after the date of retirement, the amount of leave
so refused, subject to a maximum of one hundred and eighty days.
Rule - 16.
(1)
Leave will not be granted to an
extent which would unduly deplete the strength of the establishment available
for duty.
When the duty strength has
been reduced to an essential minimum. No further leave of any description will
be granted except in cases of absolute necessity. When it is impossible, in the
interest of the institutions to grant all applications for leave the following
consideration should be taken into account in deciding which applications
should be granted
(a)
the employee who can, for the
time being, best be spared due regarding being paid to the facility with which
they could, if necessity arose, be recalled from leave;
(b)
the amount of leave due to the
various applications;
(c)
the amount and nature of the
service rendered by each applicant since he last returned from leave; and
(d)
the fact that any such applicant
has previously been refused leave in the interest of the institution.
(2)
If an employee applies for leave
at short intervals on the ground of health, leave should be refused except on
medical certificate. In such a case the frequency of the leave taken in the
past should be brought to the notice of the medical examiner and he should be
asked to ad vice with special care on the term required to establish a complete
recovery.
(3)
Notwithstanding the provisions in
the preceding sub-rules, the application for leave preparatory to retirement by
an employee should normally be allowed as soon as leave is applied for and the
sanction order should not be cancelled subsequently resulting in refusal of
leave.
Rule - 17.
(1)
Except as provided in Sub-rule
(2) an employee on earned leave is entitled to leave salary equal to the
average monthly pay earned during the ten complete months immediately preceding
the month in which the leave commences, or the substantive pay to which
employee is entitled immediately before the commencement of the leave whichever
is greater.
(2)
An employee who proceeds on
earned leave from a post having a scale of pay with a maximum not exceeding Rs.
100/- per month is entitled to leave salary equal to the pay drawn immediately
before proceeding on leave.
(3)
An employee on half-pay leave is
entitled to leave salary equal to half the amount specified in Sub-rule (1) or
Sub-rule (2) as the case may be.
(4)
An employee on commuted leave is
entitled to leave salary equal to the amount admissible under Sub-rule (2), as
the case may be.
(5)
An employee on extraordinary
leave is not entitled to any leave salary.
Rule - 18.
(1)
Casual leave with full pay for
ten days and special casual leave for five days on expiry of the above period
may be granted to an employee in any one calendar year. It may be granted in
combination with gazetted holidays but subject to the condition mentioned in
Clause (iii) of Sub-rule (2), such, holidays will be counted as part of the
leave for the purpose of reckoning the total amount of casual leave and special
casual leave. The unspent balance of casual leave and special casual leave in
any calendar year will lapse at the end of that year.
(2)
The grant of casual leave and
special casual leave is subject to the following conditions, namely;
(i)
casual leave shall not be granted
on vague and general grounds, as for 'urgent affairs' or for certain ceremony.
The specific purpose for which leave is required must be stated definitely;
(ii)
no employee may be allowed to
proceed to casual leave or special casual leave at short intervals;
(iii)
casual leave or casual leave
combined with special casual leave or casual leave combined with gazetted
holidays shall not be allowed for more than ten days at a time; and
(iv)
casual leave shall not be granted
so as to cause an evasion of rules regarding charge of office commencement and
end of leave and return to the duty.
(3)
Notwithstanding the provision in
the foregoing Sub-rules additional casual leave, with full pay may be granted
for the following purposes and too the extent indicated below, namely:
(i)
for service on a jury or for
attending approved conferences or University or Board meetings for the minimum
period considered necessary; and
(ii)
for undergoing sterilization
operation for a period not exceeding six days for men and fourteen days for
women.
(4)
Applications for casual leave and
special leave showing reasons for the leave shall be addressed to the authority
competent to sanction it and should under ordinary circumstance be made atleast
three days in advance prior of the date from which casual leave is required
except on grounds of personal illness or other emergent and unforeseen causes.
Rule - 19.
Quarantine leave on full
pay be granted to an employee who is prevented from attending duty on account
of presence of infectious disease in his house at the headquarters. Such leave
may be granted up to thirty days by the authority competent to grant regular
leave on the basis of a Medical Certificate. For this purpose only Cholera,
Small Pox, Plague, Diptheria, Typhus fever and Cerebrospinal Meningitis shall
be considered as infectious disease.
Rule - 20.
Leave other than casual
leave and special casual leave may ordinarily be granted to an employee of
Secondary Schools and Colleges by the Managing Committee or the Governing Body,
as the case may be. In case of urgency or during a vacation when the Managing
Committee or the Governing Body will not meet for some time, leave may be
granted by the President but any leave so granted should be reported to the
Managing Committee or Governing Body, as the case may be, at its next meeting
for approval.
[Provided
that study leave under Rule 13 may be granted to a teacher of an Aided College
only with the prior approval of Government.]
Rule - 21.
(1)
Casual leave and special casual
leave referred to in Sub-rules (1) and (2) of Rule 18 will be granted-
(i)
by the President of the Managing
Committee or the Governing Body, to the Headmasters and Principals
respectively;
(ii)
by the Principal and the
Headmaster, in the case of other employees of the Colleges and Secondary School
respectively.
(2)
Special casual leave referred to
in Sub-rule (3) of Rule 18 will be sanctioned by authority referred to in Rule
20.
Rule - 22.
(1)
A leave account in respect of
earned leave, half-pay leave, commuted leave and extraordinary leave, may be
maintained in respect of all employees of the Aided Educational institutions in
the Form shown in Appendix-A.
(2)
A leave account for casual leave
and special casual leave referred to Sub-rules (1) and (2) of Rule 18 may be
maintained in the Form shown in Appendix-B.
(3)
The leave account maintained in
an institution shall be subject to inspection by an officer.
(a)
not below the rank of a Deputy
Director in respect of a College;
(b)
not below the rank of an
Inspector of Schools in respect of High School; and
(c)
not below the rank of a District
Inspector of School in respect of institutions imparting instruction below
Class VII.
Rule - 23.
If any question arises
relating to the interpretation of these rules it should be referred to
Government for decision.
NOTE -2 -The entries in
Cols 10 and 11 should indicate only the beginning and end of completed years of
service at the time of half pay leave commences in cases where an employee
completes another year of service while on half-pay leave the extra credit
should be shown in Cols. 10 to 14 by making suitable additional entries and
this should be taken into account when completing Col. 23
NOTE-3 -When the rate of
earning leave changes, the fraction of the earned leave accumulated at the
earlier rate should be rounded off to the nearest day, i.e. fraction below half
should be ignored and those of half of more should be reckoned as a day.
NOTE-4- In calculating
'earned leave' the actual number of days of duty performed should first be
counted and then multiplied by 1/11 or 1/12 as the case may be, the product
expressed in day (and a fraction of a day) and limited to 180 or 90, as the
case may be.
NOTE-5- The deduction of
earned leave under Rule 10(i) should be recorded in red ink as minus entry in
Column 4.
APPENDIX-A
[See Rule 22]
FORM OF LEAVE ACCOUNT
|
Name of the employee .....................
Date of commencement of continuous service ............................
|
Date of birth ......................
Date of compulsory retirement ............
|
|
Duty
|
Leave
earned (in days)
|
Leave
at credit in days cols. 9 + 4 subject to limit appropriate
|
Leave
taken
|
Balance
on return from leave cols. 5-8
|
Length
of service
|
|
From
|
To
|
No.
of days
|
Form
|
To
|
No.
of days
|
Form
|
To
|
No.
of completed years of service
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Half pay leave on private affairs and
on medical certificate
|
Credit of leave
|
Leave taken
|
Commuted leave commuted into half pay leave
(twice of col. 20)
|
Total half-pay leave taken (Cols. 17 + 21)
|
Balance on return from leave (cols. 14-22)
|
Remarks
|
|
Leave
earned in days
|
At
credit cols. (23 + 13)
|
Leave
on private affairs or on medical certificate
|
Commuted
leave on medical certificate on full pay (limited to 240 days in entire
service)
|
|
Form
|
To
|
No.
of days
|
Form
|
To
|
No.
of days
|
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
|
|
|
|
|
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APPENDIX-A
[See Rule 22]
FORM OF LEAVE ACCOUNT
|
Name of the employee .....................
Date of commencement of continuous service
............................
|
Date of birth ......................
Date of compulsory retirement ............
|
|
Duty
|
Leave
earned (in days)
|
Leave
at credit in days cols. 9 + 4 subject to limit appropriate
|
Leave
taken
|
Balance
on return from leave cols. 5-8
|
Length
of service
|
|
From
|
To
|
No.
of days
|
Form
|
To
|
No.
of days
|
Form
|
To
|
No.
of completed years of service
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Half pay leave on private affairs and
on medical certificate
|
Credit of leave
|
Leave taken
|
Commuted leave commuted into half pay leave
(twice of col. 20)
|
Total half-pay leave taken (Cols. 17 + 21)
|
Balance on return from leave (cols. 14-22)
|
Remarks
|
|
Leave
earned in days
|
At
credit cols. (23 + 13)
|
Leave
on private affairs or on medical certificate
|
Commuted
leave on medical certificate on full pay (limited to 240 days in entire
service)
|
|
Form
|
To
|
No.
of days
|
Form
|
To
|
No.
of days
|
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
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