Tuesday, March 4, 2014

FR & SR Part III Central Civil Services - Leave Rules

1. Short title and commencement

(1) These rules may be called the Central Civil Services (Leave) Rules, 1972.

(2) They shall come into force on the 1st day of June, 1972.

2. Extent of application

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.

Rule 7(1) - Leave cannot be claimed as of right.

Rule 7(2) - The leave sanctioning authority may refuse or revoke leave of any kind, but cannot alter the kind of leave due and applied for.

Rule 10(i) - Leave of one kind taken earlier may be converted into leave of a different kind at a later date at the request of the official and at the discretion of the authority who granted the leave. For example, extraordinary leave may be retrospectively converted into leave not due and earned leave into half pay leave or earned leave on MC into commuted leave, as the case may be. The Government servant should apply for such conversion within thirty days of completion of the relevant spell of leave. This, however, cannot be claimed s a matter of right by the official. 

Rule 10, GID - Conversion of one kind of leave into leave of a different kind is permissible only when applied for thy the official while in service and not after quitting service.

Rule 32(6) - Leave sanctioning authority may commute retrospectively periods of absence without leave into Extraordinary leave.

Rule 12 - No leave of any kind can be granted for a continuous period exceeding five years except with the sanction of the President.

Rule 13 - An official on leave should not take up any service or employment elsewhere without obtaining prior sanction of the Competent Authority.

Rule 19(1) - Grant of Leave on Medical grounds. – Government servant (Gazetted or non-Gazetted) – (1) who is CGHS beneficiary and resending within the limits of CGHS at the time of illness should produce medical certificate/fitness certificate from a CGHS doctor. 

Rule 19(2) - Who is not CGHS beneficiary and CGHS beneficiaries who proceed outside the Headquarter on duty, leave etc., should produce the certificate from AMA, and in such cases, a non-Gazetted Government servant may produce certificate from RMP if there is no AMA if there is no AMA available within a radius of 8 kms of his residence.

Where a non-Gazetted Government servant finds it difficult to obtain Medical Certificate / Fitness Certificate from CGHS / AMA, the leave sanctioning authority may consider grant of leave on the basis of the certificate from an RMP after taking into account the circumstances of the case.

Rule 19(3) - In the case of hospitalization / indoor treatment permitted in a private hospital recognized under the CGHS CS (MA) Rules, a Government servant (Gazetted or non-Gazetted) may produce MC / FC from the authorized Doctor in such a hospital in case his hospitalization / indoor treatment is on account of the particular kind of disease (e.g. heart, cancer, etc.,) for the treatment of which the concerned Hospital has been recognized. This relaxation is not admissible is case of any day-to-day / outdoor treatment or indoor treatment in respect of any other disease.

Leave sanctioning authority any secure second medical opinion if considered necessary – Rule

Rule 24 (3) and Rule 19 - A Government servant who is on leave on medical certificate will be permitted to return to duty only on production of a medical certificate of fitness from the AMA / CGHS Doctor/Registered Medical Practitioner, as the case may be.

Rule 25(1) - Overstayal of leave without proper sanction, will be debited against the HPL account of the Government servant to the extent HPL is due and the excess treated as EOL. No leave salary is admissible for the entire period of overstayal and the period of such overstayal will not count for increment, leave and pension. 

Rule 25(2) - Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action. 

Rule 25(1) - Absence without leave not in continuation of any authorized leave will constitute an interruption of service unless it is regularized. 

Rule 20(2) - Permanently incapacitated Government servants not to be invalided. – A Government servant who has been permanently incapacitated from Government service on account of mental or physical disability shall not be invalided or reduced in rank. If he is not suitable ofr the present post, he could be shifted to some other post with the same pay scale and service benefits post becomes available or his superannuation, whichever is earlier. No promotion shall be denied. 

Source: CG Staff News

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