Notification on leave as per 7th CPC's recommendations - DoPT
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 11th December, 2018
G.S.R. 1209(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) (Fourth Amendment) Rules, 2018.
(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,
(A) in rule 28, in sub-rule (1) for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-
"(a)
The leave account of every Government servant (other than a military
officer) who is serving in a Vacation Department shall be credited with
earned leave, in advance' in two installments of five days each on the
first day of January and July of every calendar year.
(b) In
respect of any year in which a Government Servant avails a portion of
the vacation, he shall be entitled to additional earned leave in such
proportion of twenty days, as the number of days of vacation not taken
bears to the full vacation, provided the total earned leave credited
shall not exceed thirty days in a calendar year.
(c) If, in any
year, the Government servant does not avail any vacation, earned leave
will be as per Rule 26 instead of clauses (a) and (b).";
(B) in rule 29, for sub-rule (1), the following sub-rule shall be substituted, namely:-
"(1)
The half pay leave account of every Government servant (other than a
military officer and a Government servant serving in a Vacation
Department) shall be credited with half pay leave in advance, in two
installments of ten days each on the first day of January and July of
every calendar year.";
(C) in rule 43-C. (a) for sub-rule (1), the following sub-rule shall be substituted, namely";
"(1)
Subject to the provisions of this rule, a female Government servant and
single male Government servant may be granted child care leave by an
authority competent to grant leave for a maximum period of seven hundred
and thirty days during entire service for taking care of two eldest
surviving children, whether for rearing or for looking after any of
their needs, such as education, sickness and the like." ;
(b) for sub-rules (3) and (4), the following sub-rules shall be substituted, namely:-
"(3)
Grant of child care leave to a female Government servant and a single
male Government servant under sub-rule (1) shall be subject to the
following conditions, namely:-
(i) it shall not be granted for more than three spells in a calendar year;
(ii)
in case of a single female Government servant, the grant of leave in
three spells in a calendar year shall be extended to six spells in a
calendar year.
(iii) it shall not ordinarily be granted during the
probation period except in case of certain extreme situations where the
leave sanctioning authority is satisfied about the need of child care
leave to the probationer, provided that the period for which such leave
is sanctioned is minimal.
(iv) child care leave may not be granted for a period less than five days at a time.
(4)
During the period of child care leave, a female Government servant and a
single male Government servant shall be paid one hundred percent of the
salary for the first three hundred and sixty five days, and at eighty
percent of the salary for the next three hundred and sixty five days.
Explanation.- Single Male Government Servant' means - an unmarried or widower or divorcee Government servant.";
(D) for rule 44, the following rule shall be substituted, namely:-
"44. Work Related Illness and Injury Leave:-
The
authority competent to grant leave may grant Work Related Illness and
Injury Leave ( herein after referred to as WRIIL) to a Government
servant (whether permanent or temporary), who suffers illness or injury
that is attributable to or aggravated in the performance of her or his
official duties or in consequence of her or his official position
subject to the provisions contained in sub-rule (1) of rule 19 of these
rules, on the following conditions, namely :
(1) Full pay and allowances shall be granted to all employees during the entire period of hospitalisation on account of WRIIL.
(2) Beyond hospitalization, WRIIL shall be governed as follows:
(a)
A Government servant (other than a military officer) full pay and
allowances for the six months immediately following hospitalisation and
Half Pay for twelve months beyond the said period of six months. The
Half Pay period may be commuted to full pay with corresponding number of
days of Half Pay Leave debited from the employees leave account.
(b)
For officers of Central Armed Police Forces full pay and allowances for
six months immediately following the hospitalisation and full pay only
for the next twenty four months.
(c) For personnel below the rank
of officer of the Central Armed Police Forces full pay and allowances,
with no limit regarding period.
(3) In the case of persons to whom
the Workmen's Compensation Act, 1923 applies, the amount of leave
salary payable under WRIIL shall be reduced by the amount of
compensation paid under the Act.
(4) No Earned Leave or Half Pay Leave shall be credited during the period that employee is on WRIIL.".
(E) rules 45 and 46 shall be omitted.
[F. No. 11020/01/2017 -Estt(L)]
GYANENDRA DEV TRIPATHI Jt. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3,
Sub-section (i), dated 8th April, 1972 vide number S.O. 940 dated the 15th March, 1972 and have been subsequently amended vide:
Source:
DoPT
