Central Civil Services (Leave) (Second Amendment) Rules, 2012

C

The President of India has amended the Central Civil Services (Leave) Rules, 1972, through a notification issued on March 29th, 2012. The key change concerns the maximum duration of leave permissible for government employees. Specifically, no government servant can be granted leave for a continuous period exceeding five years. Furthermore, any government servant absent from duty for over five years, without leave or on foreign service, will be considered to have resigned, though they will be given a chance to explain their absence before this provision is enacted. These rules came into effect upon their publication in the Official Gazette.

SOURCE PDF LINK :

Click to access 13026_2_2010-Estt.Leave-29032012.pdf

Click to view full document content


MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 29th March, 2012
G.S.R. 261(E).-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 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. (1) These rules may be called the Central Civil Services (Leave) (Second Amendment) Rules, 2012.
    (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, for rule 12, the following rule shall be substituted, namely:-
    “12. (1) No Government shall be granted leave of any kind for a continuous period exceeding five years.
    (2) Unless the President, in view of the exceptional circumstances of the case, otherwise determines, 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:
    Provided that a reasonable opportunity to explain the reasons for such absence shall be given to that Government servant before provisions of sub-rule (2) are invoked”.
    [F. No.13026/2/2010-Estt. (L)]
    MAMTA KUNDRA, Jt Secy.
    Note.-The principal rules were published vide Notification No. S.O. 940, dated the 8th April, 1972 and were last amended vide Notification number G.S.R. 255(E) dated 28th March, 2012..