GSR… In exercise of the powers conferred by the
proviso to article 309 read with clause (5) of article 148 of the Constitution
and after consultation with the Comptroller and Auditor General of India in
relation to the persons serving in the Indian Audit and Accounts Department, the
President hereby makes the following rules further to amend the Central Civil
Services (Leave) Rules, 1972, namely: –
(1) These rules may be called the Central Civil Services (Leave) (Amendment)
Rules, 2009.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to
as the said rules), for rule 6 the following rule shall be substituted, namely,
–
Transfer to industrial establishment.– 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 (63 of 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 and the cash so granted shall be a sum
equal to the leave salary as admissible for earned leave and leave salary as
admissible for half pay leave plus dearness allowance admissible on that -2-
leave salary at the rate in force on the date the Government servant ceases to
be governed by the provisions of the said rules: 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 under
rule 39 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
ruleand 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 earnedleave and half
pay leave should be subject to the condition that the number of days of earned
leave and half pay leave for whichencashment had already been allowed under this
rule and the number of days of earned leave and half pay leave to be encashed on
premature retirement shall not exceed 300 days.”.
3. In the said rules, for rule 28, the following rules shall be
substituted,namely, –
‘28. Earned leave for persons serving in Vacation Departments. –(1) (a) A
Government servant (other than a military officer) 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 the full vacation;
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(b) In respect of any year in which a Government servant avails a portion of the
vacation, he shall be entitled to earned leave in such proportion of 30 days, as
the number of days of vacation not taken bears to the full vacation: Provided
that no such leave shall be admissible to a Government servant not in permanent
employ or quasi-permanent employ in respect of the first year of his service ;
(c) If, in any year, the Government servant does not avail any vacation, earned
leave shall be admissible to him in respect of that year under rule 26.
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 a vacation or a portion of a vacation unless he has been required by
general or special order 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.
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(2) Vacation may be taken in combination with or in continuation of any kind of
leave under these rules:
Provided that the total duration of 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 at a time under rule 26.
(3) 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 shall 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 Departments, in accordance with the
provisions of sub-clause (ii) of clause (a) of sub-rule (1) of rule 26.”.
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