Central Civil Services (Leave) Rules, 1972

H. 15] नई दिल्ली, दानिबार, खत्रैल 8, 1972/चैत्र 19, 1894

No. 15] NEW DELHI, SATURDAY, APRIL 8, 1972/CHAITRA 19, 1894

इस भाग में निज़्त पृष्ठ संख्या दी जाती है, जिससे कि यह अलग संकलन के रूप में रखा जा सके।

Separate paging is given to this Part in order that it may be filed as a separate compilation.

भाग II—उच्च 3—उच्चस्थ (H)

PARTIII—Section [3—Sub-section (ii)]

(रत। मंत्रालय की छोड़कर) भारत सरकार के मंत्रालयों और (संघ क्षेत्र प्रशासन की छोड़कर) केंद्रीय प्राधिकरण द्वारा जारी किये गए निजिः प्रादेश और अधिग्रहण (I)

Statutory orders and notifications issued by the Ministries of the Government of India (other than the Ministry of Defence) and by Central Authorities (other than the Administration of Union Territories).

MINISTRY OF FINANCE

(Department of Expenditure)

New Delhi, the 15th March 1972

S.O. 940.—In exercise of the powers conferred by the proviso to article 260 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:—

CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972

CHAPTER I—Preliminary

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.

3. Definitions.—(1) In these rules, unless the context otherwise requires,—

(a) “Administrator” means an Administrator of a Union territory;

(b) “Audit Officer” means the Accounts and Audit Officer, whatever his official designation, in
whose circle the office of the Government servant is situated;
(c) “authority competent to grant leave” means the authority specified in column (3) of the First Schedule to these rules, competent to grant the kind of leave specified in the corresponding entries in column (2) of the said Schedule;
(d) “completed years of service” or “one year’s continuous service” means continuous service of specified duration under the Central Government and includes the period spent on duty as well as on leave including extraordinary leave;
(e) “compulsory retirement” means the retirement of a Government servant on his attaining the age prescribed for such retirement under the terms and conditions governing his service;
(f) “Department of the Central Government” means a Ministry or a Department of the Central Government as notified from time to time and includes the Planning Commission, the Department of Parliamentary Affairs, the President’s Secretariat, the Vice-President’s Secretariat, the Cabinet Secretariat and the Prime Minister’s Secretariat;
(g) “foreign service” means service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund of India or the Consolidated Fund of any State;
(h) “Form” means a Form appended to the Second Schedule to these rules;
(i) “Government servant in quasi-permanent employ” means-
(A) an officer who having been declared by the Union Public Service Commission to be eligible for appointment to the ministerial services of the Government of India, has been appointed to a temporary or officiating vacancy on the understanding given to him in writing before he took up the appointment, that the vacancy is expected to become permanent, but is not confirmed after completion of 5 years continuous service;
(B) an officer who may be declared as quasipermanent under the Central Civil Services (Temporary Service) Rules, 1965;
(j) “Government servant in permanent employ” means an officer who holds substantively or provisionally substantively a permanent post or who holds a lien on a permanent post or who would have held a lien on permanent post had the lien not been suspended;
(k) “Head of Mission” means Ambassador, Charge d’ Affairs, Minister, Consul General, High Commissioner or any other authority declared as such by the Central Government, in the country in which the Government servant undergoes a course of study or training;
(l) “military officer” means an officer of the Armed Forces who is-
(i) a Commissioned Officer of the Army, the Navy or the Air Force, or
(ii) (a) a Junior Commissioned Officer (including an honorary commissioned officer), or an ‘other rank’ of the Army, or
(b) a Branch List Officer or a rating of the Navy, or
(c) an airman including a Master Warrant Officer of the Air Force;
(m) “Vacation Department” means a department. or part of a department, to which regular vac. tions are allowed, during which Government servants serving in the department are permitted to be absent from duty.
(2) Words and expression used herein and not defined but defined in the Fundamental Rules and Supplementary Rules shall have the meanings respectively assigned to them in the Fundamental Rules and Supplemontary Rules.

4. Government servants on temporary transfer or on foreign service.-(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.
   (3) In the case of Government servants on foreign service outside India (including service with U.N. 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.
5. Transfer from services or posts governed by other leave rules.-Unless it be otherwise prurided 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
   (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 accumulation as laid down in rule 26. 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 is transferred.
6. Transfer to industrial establishment.-If a Govern. ment 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 balance of the leave at his credit on the date of such appointment shall be allowed to be availed of as terminal leave or may lapse, subject to revival as and when he is transferred back to a service or post to which these rules apply.

Chapter II-General Conditions

7. Right to leave.-(1) Leave cannot be claimed as of right.
   (2) When the exigencies of public service so require, leave of any kind may be refused or revokea by the authority competent 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.
8. Regulation of claim to leave.-A Government servant’s claim to leave is regulated by the rules in force at the time the leave is applied for and granted.
9. Effect of dismissal, removal or resignation on leave at credit.-(1) Except as provided in rule 39 and this rule, any claim to 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 re-instated 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.

15. Commutation of one kind of leave into another.

(1) At the request of a Government servant, the authority which granted him leave may commute it retrospectively into leave of a different kind which was due and admissible to him at the time the leave was granted, but the Government servant cannot claim such commutation as a matter of right.

(2) The commutation of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the Government servant, that is to say, any amount paid to him in excess shall be recovered or any arrears due to him shall be paid.

Note.—Extraordinary leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due subject to the provisions of rule 31.

11. Combination of different kinds of leave.—Except as otherwise provided in these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.

Explanation.—Casual leave which is not recognised as leave under these rules shall not be combined with any other kind of leave admissible under these rules.

12. Maximum amount of continuous leave.—Unless the President, in view of the exceptional circumstances of the case otherwise determines, no Government servant shall be granted leave of any kind for a continuous period exceeding five years.

13. Acceptance of service or employment while on leave.—(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 or leave granted beyond the date of retirement or quitting service, shall not take up any service or employment elsewhere, including the setting up of a private professional practice as accountant, consultant or local or medical practitioner, without obtaining the previous sanction of—

(a) the President, if the proposed service 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 or leave granted beyond the date of 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.

(3) (a) In case a Government servant who has proceeded on leave preparatory to retirement is required, before the date of compulsory retirement, for employment during such leave in any post under the Central Government in or outside India and is agreeable to return to duty, the unexpired portion of the leave from the date of rejoining shall be cancelled.

(b) The leave so cancelled under clause (a) shall be treated as leave refused and subject to the provisions of rule 39 it may be granted from the date of compulsory retirement of the Government servant.

(c) Such recall to duty before expiry of leave shall be treated as optional for the purpose of rule 23.

(d) No leave shall be earned in respect of any period of employment during leave preparatory to retirement.

(4) Where a Government servant is on leave beyond the date of compulsory retirement as provided in rule 39 and is employed during such leave in any post under the Central Government in or outside India or under a local body referred to in clause (a) of sub-rule (2) of rule 38, he may, if he so desires, continue to enjoy his leave concurrently with such employment or may avail himself of the unexpired portion of such leave at the termination of the period of such employment, subject to the maximum limit of 120 or 180 days, as the case may be, as prescribed in rule 28.

Chapter III.—Grant of and return from leave

14. Application for leave.—Any application for leave or for extension of leave shall be made in Form 1 to the authority competent to grant leave.

15. Leave account.—Except as provided in the Note below, 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 authorised by him in the case of non-gazetted Government servants.

Note.—In the case of a Section Officer in the Government of India Secretariat or in an attached office, who is a gazetted Government servant, the leave account shall be maintained by the Head of office.

16. Verification of title to leave.—(1) 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.

(2) (a) 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 60 days.

(b) The grant of leave under this sub-rule shall be subject to verification by the authority maintaining the leave account and a modified sanction for the period of leave may be issued where necessary.

(c) In the case of gazetted Government servants, the Audit Officer may, at the request of the authority competent to grant leave, issue a provisional leave salary slip for a period not exceeding 60 days.

Note.—In the case of leave preparatory to retirement or refused leave, an undertaking for recovery of the leave salary, if any, paid in excess shall be taken from the Government servant.

17. Leave not to be granted in certain circumstances.—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.
18. Grant of leave on medical certificate to gazetted Government servants.-(1) Before a gazetted Government servant is granted leave or an extension of leave, on medical certificate, he shall obtain a certificate in Form 2.
    (2) (a) In case the certificate obtained under subrule (1) recommends appearance of the Government servant before a Medical Board, the Government servant shall, except in cases covered by sub-rule (6), obtain from the authority competent to grant leave the permission to appear before a Medical Board.
    (b) The authority competent to grant leave shall request the Chief Medical Officer of the district in which the Government servant is serving or in which he falls ill or to which he proceeds for treatment, to set up a Medical Board.
    (c) The Government servant shall present himself before the Medical Board with two copies of the statement of his case.
    (3) The Medical Board may give the Government servant a certificate to the following effect, namely:-
    “We do hereby certify that, according to the best of our professional judgment and after careful personal examination of the case, we consider the health of Shri/Shrimati/Kumari – to be such as to render leave of absence for a period of-absolutely necessary for his/her recovery.”
    Note.-Where the leave recommended is for more than three months or where the leave for three months or less is extended beyond three months, the medical Board shall state, at the time of giving this certificate, whether the Government servant should or need not appear before another Medical Board for obtaining the certificate of fitness for return to duty.
    (4) Where the Medical Board entertain a doubt, it may, before giving the certificate under sub-rule (3), provide for the keeping of the applicant under professional observation for a period not exceeding fourteen days and give him a certificate to the following effect. namely:-
    “Shri/Shrimati/Kumari-having applied to us for a medical certificate recommending the grant to him/her of leave, we consider it expedient, before granting or refusing such certificate, to keep Shri/Shrimati/Kumari -under professional observation for -days.”
    (5) If the state of health of the applicant is certified by the Chief Medical Officer or District Medical Officer to be such as to make it impracticable for the applicant, for a specified period, to present himself/herself at the place where a Board can be assembled, the authority competent to grant the leave may, in lieu of the certificate prescribed in sub-rule (3), accept a certificate signed by any two medical officers, not below the rank of a Civil Surgeon or Staff Surgeon.
    (6) Notwithstanding anything contained in sub-rule (5), the authority competent to grant leave may dispense with the procedure laid down in sub-rules (3) and (3)-
    (a) when the leave recommended by the Authorised Medical Attendant is for a period not exceeding two months, and such Medical Attendant certifies that in his opinion it is not necessary for the applicant to appear before a Medical Board, or
    (b) the applicant is undergoing treatment in a hospital as an indoor patient and the leave is recommended by the Medical Officer-in-charge of the case in the hospital not below the rank of a Civil Surgeon or Staff Surgeon, for the period of hospitalisation or convalescence.
    (7) A Medical Officer shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government servant concerned will ever be fit to resume his duties and in such case, the opinion that the Government servant is permanently unfit for Government service shall be recorded in the medical certificate.
    (8) The grant of a 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.
19. Grant of leave on medical certificate to nongazetted Government servants.-(1) An application for leave on medical certificate, made by a non-gazetted Government servant, shall be accompanied by a medical certificate in Form 4 given by an Authorised Medical Attendant or a registered medical practitioner, defining as clearly as possible the nature and probable duration of the illness.
    Note.-A certificate given by a registered Ayurvedic, Unani or Homoeopathic medical practitioner or by a registered Dentist in the case of dental ailments, or by an honorary medical officer may also be accepted provided such certificate is accepted, for the same purnose in respect of its own employee by the Government of a State in which the Central Government servant falls ill or to which he proceeds for treatment.
    (2) A Medical Officer shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government servant concerned will ever be fit to resume his duties and in such case, the opinion that the Government servant is permanently unfit for Government service shall be recorded in the medical certificate.
    (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.
    (4) It shall be the duty of the Government Medical Officer referred to in sub-rule (3) to express an opinion both as regards the facts of the illness and as regards the necessity for the amount of leave recommended and by that purpose he may either require the applicant to appear before himself or before a medical officer nominated by himself.
    (5) The grant of a 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.
    (6) 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.
20. Leave to a Government servant who is unlikely to be fit to return to duty.-(1) (a) When a medical authority has reported that there is no reasonable prospect that the Government servant will ever 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 authority competent to grant leave on the following conditions:-
    (i) if the medical authority is unable to say with certainty that the Government servant with