1.
Short
title and commencement
(i)
These rules may be called the Central
Civil Services (Leave) Rules, 1972.
(ii)
They shall come into force on the 1 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-
(i)
Railway servants;
(ii)
persons in casual or daily-rated or
part-time employment;
(iii)
persons paid from contingencies;
(iv)
workmen employed in industrial
establishments;
(v)
persons employed in work-charged
establishments;
(vi)
members of the All India Services;
(vii)
persons locally recruited for service in
Diplomatic, Consular or other Indian establishments in foreign countries;
(viii)
persons employed on contract except when
the contract provides otherwise;
(ix)
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;
(x)
persons governed, for purposes of leave,
by the Fundamental Rules or the Civil Service Regulations;
(xi)
Persons serving under a Central
Government Department, on deputation from a State Government or any other
source, for a limited duration.
3.
Definitions
(i)
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).
[“Date of retirement” or “date of his
retirement” in relation to a Government servant, means the afternoon of the
last day of the month in which the Government servant attains the age prescribed
for retirement under the terms and conditions governing his services.]
(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 [or the Consolidated Fund of a
Union Territory];
(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 that vacancy is
expected to become permanent but is not confirmed after completion of three years’
continuous service;
B. an
officer who may be declared as quasi-permanent under the Central Civil Services
(Temporary Services) 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,
Charged’ 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-
A. a
Commissioned Officer of the Army, the Navy or the Air Force, or
B. (i)
a Junior Commissioned Officer (including an honorary commissioned officer), or
an ‘other rank’ of the Army, or
(ii) a Branch List Officer or rating of the Navy, or
(iii) 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 vacations are allowed, during which
Government servants serving in the department are permitted to be absent from
duty.
(ii)
Words and expressions 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
Supplementary Rules.
4.
Government
servants on temporary transfer or on foreign service
(i)
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.
(ii)
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.
5.
Transfer
from services or posts governed by other leave rules
Unless it be otherwise
provided in these rules, a permanent Government servant to whom these rules do
not apply –
(i)
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.
(a).
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 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.
6.
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 at his credit subject to a maximum
of 300 days (w.e.f.1-7-1997) and also in respect of all the half pay leave at
his credit. The cash so granted shall be
a sum equal to the leave salary as admissible for earned leave and/or leave
salary as admissible for half pay leave plus dearness allowance admissible on
that leave salary at the rates in force on the date the Government servant
ceases to be governed by the provision of the Central Civil Services (Leave)
Rules, 1972. From the leave salary paid for
the period of half pay leave, if any, for which the cash is payable, deductions
shall be made equal to the pension, which he would have got had he retired from
service on that date and pension equivalent of other retirement benefits and ad
hoc relief/graded relief on pension. If
the leave salary for the half pay leave component falls short of the deemed pension
and other pensionary benefits, cash equivalent of half pay leave shall not be
granted: Provided that the earned leave and the half pay leave so granted does not
exceed the period between the date on which he is appointed in an industrial
establishment and the date on which he would have retired in the normal course
after attaining the age prescribed for retirement under the terms and
conditions governing his service: Provided further 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 compensation against the terminal leave under Rule
39 will be modified as under –
(i)
On superannuation – Encashment of
unutilized earned leave on that date will be subject to the condition that the
number of days of earned leave for which encashment has already been allowed
under this rule and the number of days of earned leave to be enchased on
superannuation does not exceed 300days (w.e.f.1-7-1997). Cash equivalent of half pay leave already
made under this rule shall be recovered.
(ii)
On premature retirement – Cash
equivalent of unutilized earned leave and half pay leave applied for by way of
terminal leave under Rule 39 would be subject to the condition that the number
of days of earned leave for which the encashment had already been allowed under
this rule and the number of days of earned leave applied for as terminal leave
do not exceed 300days (including the number of days for which encashment has
been allowed along with Leave Travel Concession while in service. Deduction of pension and pension equivalent
of other retirement benefits shall be made from the cash equivalent in lieu of
half pay leave component of terminal leave:
Provided that the earned leave and the half pay
leave so granted together with the earned leave and the half pay leave for
which cash equivalent of leave salary was granted to him on the earlier
occasion does not exceed the period between the date from which he is to retire
prematurely and the date on which he would have retired in the normal course
after attaining the age prescribed for retirement under the terms and conditions
governing his service.