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Leave Rule Lecture-1

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50 views7 pages

Leave Rule Lecture-1

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upscdsa
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© © All Rights Reserved
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1

Lecture-1
(date:-25.9.2022)
CCS (LEAVE) RULES, 1972
These rules may be called the Central Civil Services (Leave) Rules, 1972. It
came into force on the 1st day of June, 1972. These are statutory rules comprising
66 rules & 2 schedules. First Schedule provides for the Competent Authority for
sanctioning the leave whereas the Second Schedule talks about different types form
and format used for seeking leave, extension of leave, medical certificate etc.
APPLICABILITY (Rule-2):- Save as otherwise provided in these rules, these rules
shall apply to Government servants appointed to the civil services and posts in
connection with the affairs of the Union, but shall not apply to-
(a) Railway servants;
(b) persons in casual or daily-rated or part-time employment;
(c) persons paid from contingencies;
(d) workmen employed in industrial establishments;
(e) persons employed in work-charged establishments;
(f) members of the All India Services;
(g) persons locally recruited for service in Diplomatic, Consular or other Indian
establishments in foreign countries;
(h) persons employed on contract except when the contract provides otherwise;
(i) persons in respect of whom special provisions have been made by or under the
provisions of the Constitution or any other law for the time being in force;
(j) persons governed, for purposes of leave, by the Fundamental Rules or the Civil
Service Regulations;
(k) persons serving under a Central Government Department, on deputation from
a State Government or any other source, for a limited duration.
GID
1. This rules would be applicable to HONORARY Workers appointed on a token
salary of Rupees one per month.
2. Employee whose appointment is treated at ad-hoc for purely technical reasons
may be extended the benefit admissible to temporary employee under CCS (leave)
rules, 1972.

*Government servants on temporary transfer or on foreign service (Rule-4)


(1) Government servants to whom these rules apply shall continue to be
governed by these rules while on temporary transfer to the Indian Railways or to
a State Government or while on foreign service within India.
(2) In the case of Government servants on foreign service outside India
(including service with UN agencies within or outside India) or on temporary
transfer to the Armed Forces 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.
*Transfer from services or posts governed by other leave rules:
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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
Provided that where a Military Officer not in permanent civil employ has
elected to draw civil rates of pay, his leave shall be regulated as per the
provisions under these rules:
Provided further that in the event of his release/discharge from the Armed
Forces, he shall carry forward the annual leave due to him with effect from the
date of such release/discharge.
(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
300 days. The leave so carried forward shall first be exhausted before the leave
earned under these rules is availed of. 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.
Provided that in the case of Military Officer, half pay leave equal to the
number of days of furlough shall also be carried forward in addition to the
earned leave equal to the number of days of annual leave on the date he is so
appointed, it would be permissible to grant him under the leave rules of the
Armed Forces.
*Transfer to industrial establishment (Rule-6). -
If a Government servant governed by these rules is appointed in an industrial
establishment wherein his leave terms are governed by the Factories Act, 1948,
the authority competent to grant leave shall, suo motu, issue an order granting
cash-equivalent of leave salary in respect of earned leave and half pay leave at his
credit subject to a maximum of 300 days.
Provided that in the event of his return to a post or service to which the
Central Civil Services (Leave) Rules, 1972 apply, the benefit of cash equivalent
of leave salary payable shall be modified as under:
(a) On superannuation. - encashment of leave shall be subject to the condition
that the number of days of both earned leave and half pay leave for which
encashment has already been allowed under this rule and the number of days of
earned leave and half pay leave to be encashed on superannuation does not
exceed 300 days;
(b) On premature retirement. - cash equivalent of unutilised earned leave and
half pay leave should be subject to the condition that the number of days of
earned leave and half pay leave for which encashment had already been
allowed and the number of days of earned leave and half pay leave to be
encashed on premature retirement shall not exceed 300 days.]
General Conditions
* Right to leave(rule-7)
Leave cannot be claimed as of right. When the exigencies of public service so
require, leave of any kind may be refused or revoked by the authority competent
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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.
*Commutation of one kind of leave into another (Rule-10)
At the request of a Government servant within a period of 30 days from the
joining of duty on the expiry of leave, the leave sanctioning authority may
commute it retrospectively into leave of a different kind which was due and
admissible to GS at the time the leave was granted, but the Government servant
cannot claim such commutation as a matter of right.
*Combination of different kinds of leave (Rule-11)
Any kind of leave due and admissible to a GS may be granted in combination
with or in continuation of any other kind of leave. Casual Leave, which is treated
as Duty and not any recognized form of leave, shall not be combined with any
other kind of recognized leave.
*Maximum amount of continuous leave (Rule-12)
No Government Servant shall be granted leave of any kind for a continuous
period exceeding five years except with the sanction of the President. Without a
valid reason, a Government servant who remains absent from duty for a
continuous period exceeding five years other than on foreign service, with or
without leave, shall be deemed to have resigned from the Government service:
[CCS (Leave) (Second Amendment) Rules, 2012 - Notification F.No.
13026/2/2010-Estt.(L)]
*Acceptance of service or employment while on leave (Rule-13)
(1) A Government servant (other than a Government servant who has been
permitted a limited amount of 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 President, if the proposed services 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) (a) No Government servant while on leave, other than leave preparatory to
retirement shall ordinarily be permitted to take up any other service or
employment.
(b) If grant of such permission is considered desirable in any exceptional case,
the Government servant may have his services transferred temporarily from his
parent office to the office in which he is permitted to take up service or
employment or may be required to resign his appointment before taking up any
other service or employment.
(c) A Government servant while on leave preparatory to retirement shall not
be permitted to take up private employment. He may, however, be permitted
to take up employment with a Public Sector Undertaking or a body or
corporation or company wholly or substantially owned or controlled or
financed by the Govt.
*Effect of dismissal, removal or resignation on leave at credit (Rule-9)
4

(1) ordinarily, 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 Government
of India 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.

Leave account (Rule-15)


A leave account shall be maintained in Form 2 for each Government servant by
the Audit Officer in the case of Gazetted Government servants and by the
Head of Office or an officer authorized by him in the case of non-Gazetted
Government servants.
NOTE.- In the case of Gazetted Government servants whose pay and
allowances are drawn and disbursed by the Head of Office, the leave account
shall be maintained by that Head of Office.
Verification of title to leave (Rule-16)
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.
Where there is 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.
Leave not to be granted in certain circumstances (Rule-17)
(a) Leave shall not be granted to a Government servant whom a competent
punishing authority has decided to dismiss, remove or compulsorily retire from
Government service.
(b) Leave shall not be granted to official under suspension. (FR 55)
* Grant of leave on medical certificate to Gazetted and non-Gazetted
Government servants (Rule-19)

(i) An application for leave on medical certificate made by a


Gazetted Government servant, shall be accompanied by a medical certificate
in Form 3 given by a Central Government Health Service (CGHS) Doctor
if such a Government servant is a CGHS beneficiary or by a Government
Hospital or by an Authorized Medical Attendant if he is not a CGHS
beneficiary; and by an Authorized Doctor of the private hospital recognized
under CGHS/Central Services (Medical Attendance) Rules, 1944, in case of
5

hospitalization or indoor specialized treatment duly approved by Competent


Authority in respect of any particular kind of disease like heart disease, cancer,
etc., for the treatment of which the concerned hospital has been recognized by
the Ministry of Health and Family Welfare:
Provided that the Gazetted Government servant who is a Central
Government Health Service beneficiary, if at the time of illness, is away from
CGHS area or proceeds on duty outside the Headquarters will produce
Medical Certificate (MC) or Fitness Certificate (FC) in Form 3 and Form
5, as the case may be, given by an Authorized Medical Attendant;
(ii) An application for leave on medical certificate made by a non-Gazetted
Government servant, shall be accompanied by a medical certificate Form 4
given by a CGHS Doctor if such a Government servant is a CGHS beneficiary or
by Government Hospital or by an Authorized Medical Attendant if he is not a
CGHS beneficiary; and by an Authorized Doctor of the private hospital,
recognized under CGHS/Central Services (Medical Attendance) Rules, 1944, in
case of hospitalization or indoor specialized treatment duly approved by the
Competent Authority in respect of particular kind of disease like heart disease,
cancer, etc., for the treatment of which the concerned hospital has been recognized
by the Ministry of Health and Family Welfare:
Provided that the non-Gazetted Government servant who is a CGHS
beneficiary, if at the time of illness is away from CGHS area or proceeds
on duty outside the Headquarters will produce M.C. or F.C. in Form 4 or
5, as the case may be, given by an Authorized Medical Attendant (AMA) or
by Registered Medical Practitioner (RMP) if there is no AMA available
within a radius of 8 kilometers (kms) from his residence or place of
temporary stay outside his Headquarters and also in the circumstances when
he finds it difficult to obtain MC or FC from a CGHS Doctor or an Authorized
Medical Attendant;
NOTE:- The authority competent to grant leave may, in its discretion, waive
the production of a medical certificate in case of an application for leave for a
period not exceeding three 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.
NOTE-2 The grant of 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.
NOTE-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 or Staff Surgeon, to have the applicant medically examined
on the earliest possible date.
Leave to a Government servant who is unlikely to be fit to return to duty
(RULE-20)
(1)(a) When a Medical Authority has reported that there is no reasonable prospect
that the Government servant will even 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:-
6

(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
eave may be granted to him after the report of the Medical Authority has been
received. In such case, the amount of leave debited for the period granted above,
after receipt of the certificate of Medical Authority shall be remitted back into
the leave account and any further leave granted to regulate the period of absence
shall not be debited into the leave account. [Rule-20 (1)(6)].
(2) A Government servant who is declared by a Medical Authority to be
completely and permanently incapacitated for further service shall not be
invalidated from service. If he is not suitable for present post, he could be shifted
to some other post with the same pay scale and service benefits. If not possible to
adjust, he may be kept on a supernumerary post until a post becomes available or
his superannuation, whichever is earlier. No promotion shall be denied.
Commencement and termination of leave (RULE-21)
leave ordinarily begins on the day on which the transfer of charge is effected and
ends on the day preceding that on which the charge is resumed. In the case of
prefixing or suffixing of holiday to leave, the leave and any consequent
arrangement of pay and allowances will take effect retrospectively from the day
after the holiday or the day immediately preceding the holiday, as the case may
be, unless the prefixing or suffixing has been specifically disallowed.
NOTE:- A compensatory leave granted in lieu of duty performed by a
Government servant on Sunday or a holiday for a full day may be treated as a
holiday for the above purpose.
23. Recall to duty before expiry of leave:
In case a Government servant is recalled to duty before the expiry of his leave,
such recall to duty shall be treated as compulsory in all cases and the
Government servant shall be entitled-
(a) if the leave from which he is recalled is in India,
(i) to be treated as on duty from the date on which he starts for the station to
which he is ordered, and to draw -
(ii) travelling allowance under rules made in this behalf for the journey (as per
Supplementary Rules 142 and 143) ; and
(iii) 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,(RULE-23)
(i) to count the time spent on the voyage to India as duty for purposes of
calculating leave, and to receive-
(ii) 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, at the same rate at which he
would have drawn it but for recall to duty;
(iii) a free passage to India;
7

(iv) 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;
(v) 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.
*Absence after expiry of leave (RULE-25)
A GS who remains absent after the expiry of leave granted is entitled to no leave
salary unless the authority competent to grant leave extends the leave. Such
period of absence shall be debited against half pay leave to his credit. The excess
period shall be treated as extraordinary leave. Wilful absence from duty after the
expiry of leave renders a Government servant liable to disciplinary action.
In case of unauthorized absence, GS should be informed to join duty
immediately within 3 days, failing which he would be liable for disciplinary
action. The period of absence not covered by grant of leave shall have to
be treated as DIES NON for all purposes viz. increment, credit of leave
and pension.
Transfer to foreign service while on leave (FR 112):- If GS is transferred to
foreign service while on leave, he ceases, from the date of such transfer to be on
leave and to draw leave salary.

***************

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