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Showing posts with label Study Leave. Show all posts
Showing posts with label Study Leave. Show all posts

Thursday, 19 December 2019

Navy Leave Rules 2019 to Officers, Sailors and Artificer Apprentices – Gazette Notification

Statutory Rules and Orders issued by the Ministry of Defence

Ministry of Defence

New Delhi, the 11th December, 2019
THE NAVY LEAVE REGULATIONS – 2019

S.R.O.105.— In exercise of powers conferred by section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations namely:-

CHAPTER I

GENERAL

1. Short Title. These regulations may be called the Navy Leave Regulations, 2019.

2. Application. They shall apply to Officers (including Special Duties List Officers), Sailors and Artificer Apprentices of the Indian Navy.

3. Claim to Leave. Leave shall not be claimed as of right. Its grant shall be subject to the exigencies of the Service.

4. Classification of Leave. Leave admissible to different categories of personnel shall be of the following kinds, namely:-

(a) Regular Officers (including Special Duties List Officers).

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Leave on invalidment.

(vi) Child Care Leave (for Women officers).

(vii) Child Adoption Leave (for Women officers).

(viii) Paternity Leave on birth of a child.

(ix) Paternity Leave on adoption of a child.

(x) Maternity Leave.

(xi) Study Leave.

(xii) Special Casual Leave.

(b) Short Service Commissioned Officers.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Special Casual Leave.

(vi) Leave on invalidment.

(vii) Leave on termination of engagement.

(viii) Child Care Leave (for Women Officers).

(ix) Child Adoption Leave (for Women Officers).

(x) Paternity Leave on birth of a child.

(xi) Paternity Leave on adoption of a child.

(xii) Maternity Leave.

(c) Sailors.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Compassionate Leave.

(v) Leave on discharge or retirement.

(vi) Paternity Leave on birth of a child.

(vii) Paternity Leave on adoption of a child.

(d) Artificer Apprentices.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Paternity Leave on birth of a child.

(v) Paternity Leave on adoption of a child.

5. Date of Commencement and Termination of Leave.

(a) Leave shall commence on the date on which an individual is relieved from duty if relieved in the forenoon, and on the following day if relieved in the afternoon.

(b) Leave shall terminate on the day preceding the date of re-joining, if an individual re-joins duty in the forenoon, or on the date of re-joining, if he re-joins in the afternoon.

(c) Notwithstanding anything contained in this regulation:-

(i) (aa) Leave of Gorkha Officers shall commence or terminate on the date of crossing the Nepal border; leave of officers domiciled in Bhutan shall commence on the date of crossing the Bhutan border.

(ab) If a sailor, who has availed himself of the additional leave under regulation 46, alongwith Annual Leave or accumulated Annual Leave during the first year of a block of two years is granted Annual Leave or accumulated Annual Leave in the second calendar year of the block, that leave shall commence or terminate on the dates of crossing the Nepal or Bhutan border with no entitlement to the additional leave.

(ii) In case of personnel serving afloat, leave shall terminate on the date of their reporting to the ship on which they are borne; and in case the ship on which they are borne is temporarily away from the home port or from the port where it was scheduled to be at the time, the personnel shall report to the shore establishment of that port and their leave shall be considered as terminated on the date of reporting to the shore establishment.

(iii) For personnel serving ashore ex-India, leave in India shall commence on the date on which such personnel proceed on leave from the shore establishment to which they are appointed or transferred on arrival in India and terminate on the date they are required to report for duty prior to proceeding ex-India.

(iv) The leave of Naval personnel serving in the Andaman and Nicobar Islands and on ships based on these Islands shall commence and terminate on reporting at IN Ships Adyar, Netaji Subhash and Circars.

(v) Leave of Naval personnel serving in the mainland and having their homes in Lakshadweep Islands will begin at Naval Detachment, Kochi/ NCC, Calicut from the date they are put on a vessel for their home island and will terminate on the date of their reporting back at the station aforesaid. They will be transported between the mainland and the Islands by the earliest available suitable merchant ship. The period of travel to and fro between the duty station and Naval Detachment, Kochi/ NCC, Calicut, as well as the period of stay at Kochi/ Calicut till personnel are put on a vessel, will be treated as on duty. Sailors proceeding on Annual Leave/ accumulated Annual Leave, in whose case the period of journey between Naval Detachment, Kochi/ NCC, Calicut and the leave station exceeds two days each way, will be allowed an additional leave in terms of regulation 45(d) of these regulations.

6. Prefixing and Suffixing of Holidays to Leave.

(a) If a recognised holiday (such as a Sunday, Republic Day or the like) falls on the day immediately preceding the day from which leave has been granted or such holiday follows the last day of the leave granted, an individual who is not required for duty on such holiday may with his Commanding Officer’s express permission, leave his station at the close of the day before, or return to duty at the end of such holiday, provided no extra expense is caused to the State.

(b) An individual shall be considered, as on duty, during such holiday, which shall not count against the number of days for which leave is granted.

Explanation I : The concession prefixing or suffixing of holiday to leave shall not be admissible in the case of Gorkha personnel whose leave commences or terminates on the date of crossing the Nepal or Bhutan borders under Regulation 5, Sub-regulation (c).

Explanation II : The concession of prefixing and suffixing of holidays to leave will not be admissible to sailors who enjoy the benefit of additional leave in terms of Sub-regulation (d) of Regulation 45.

Explanation III : Restricted holidays shall be treated as recognised holidays where such holidays are prefixed or suffixed to leave.

7. Place from which Leave is taken and Place at which Duty is resumed on Termination of Leave .

(a) Individual shall ordinarily proceed on leave from, and re-join after expiry of leave at their permanent duty stations.

(b) Officers not below the rank of Captain may be permitted to proceed on, or re-join duty from leave at station other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters)and by the Flag Officer Commanding-in-Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limit of their respective Commands, provided that:-

(i) It is necessary or expedient in the public interest for the officer to perform temporary duty at that time at a station other than his permanent duty station, and

(ii) If the officer concerned is not required to perform the duty, it would be necessary to detail some other person to perform it.

(c) Officers below the rank of Captain may be permitted, provided it results in saving to the State, to proceed on, or re-join duty from, leave at stations other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters) and by the Flag Officer Commanding-in- Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limits of their respective Commands.

(d) Sailors serving in the ships and establishments may, at the discretion of the Commanding Officers, be permitted to proceed on or re-join duty from leave at stations other than their permanent duty stations in which they are serving, provided it results in saving to the State.

Explanation : The provisions of this regulation shall not apply:-

(i) To Casual Leave which counts as duty;

(ii) In the case of officers who are granted leave on the conclusion of course of ten weeks’ duration or more as well as those who are detailed to attend such courses whilst on leave; and

(iii) In case where establishments or units of establishment move temporarily enbloc to places away from their permanent stations as well as to detachments located away from permanent stations.

8. Leave Entitlement. Leave entitlement for officers and personnel attached to other establishments due to disciplinary cases, will be as follows:-

(a) Officers and personnel attached to other establishments, due to disciplinary cases, are not deemed to be performing normal duty and no leave is, therefore, ordinarily permissible to them:

Provided that, in exceptional cases leave due may be granted on extreme compassionate grounds by the authority, who issued orders for their attachment to such establishment.

(b) Personnel permitted to proceed on leave from a station other than the permanent duty station may be permitted to re-join at that station, if necessary.

(c) Leave granted under this regulation shall be restricted to the barest minimum and shall not be granted unless the authority granting the leave is satisfied that it would not hamper or unduly delay the progress of the disciplinary case.

9. Overstayal of Leave.

(a) Officers.


(i) If an officer overstays his leave (except Casual Leave) no pay shall be admissible for the period of overstayal, unless an extension of leave to cover that period is granted by the Competent Authority. Cases of overstayal of Casual Leave beyond the normal entitlement at a time shall be regularised by Naval Headquarters, provided the total period of Casual Leave availed by the officer does not exceed the maximum amount of such leave admissible during the year.

(ii) In cases where the maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Administrative Authorities, the entire spell of Casual Leave including the period of extension or overstayal shall be treated as Annual Leave or Furlough for that year, if due.

(iii) If an officer is compelled to overstay his leave due to natural calamities like floods, earthquakes, landslides, etc, the overstayal upto 30 days in excess of the maximum leave admissible, may be regularised by Naval Headquarters at their discretion by adjustment against his future Annual Leave entitlement or Furlough as may be considered appropriate.

(b) Sailors or Artificer Apprentices. If a Sailor or Artificer Apprentice overstays his leave, the following principles shall apply, namely:-

(i) If found guilty, he shall be dealt with under the Navy Act 1957 and awarded mulcts of pay in accordance with Regulation 41 of the Regulations for the Navy, Part II.

(ii) If not found guilty, (in case of leave other than Casual Leave) an extension to cover the period in question shall be granted by the Leave Sanctioning Authority, which shall be debited to his Annual Leave account for the current year. If no Annual Leave is due for that year, such leave shall be treated as an advance of the next year’s Annual Leave. Cases of overstayal of Casual Leave beyond the normal entitlement at time, shall be regularised by the authorities mentioned in sub-clause (ab) of clause (ii) of sub-regulation (d) and provided the total period does not exceed the maximum amount of such leave admissible during the year. In cases where maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Commanding Officer of the Ship or Establishment, the entire spell of Casual Leave including the period of extension or overstayal, shall be treated as Annual Leave for that year, if due.

(c) In cases of overstayal of Casual Leave due to individual’s own sickness beyond the maximum Casual Leave admissible in a year, the entire period involved (Casual Leave and overstayal thereof) shall, in the first instance, be debited to the Annual Leave entitlement of the year in which Casual Leave is granted, if due. Cases of overstayal of Casual Leave due to individual’s own sickness which are not so covered by their Annual Leave entitlement involve overstayal up to 60 days from the date of falling sick shall be regularised as provided in sub-regulation (d), and by the authorities specified in clause (ii) therein, subject to satisfaction about its genuineness, after making necessary inquiries.

(d)(i) (aa) Period prior to the date of falling sick
By adjustment against future Annual Leave entitlement.

(ab) 30 Days from the date of falling sick
As Sick Leave with full pay and allowances.

(ac) Next 30 days
By adjustment against future Annual Leave entitlement.
(ii) (aa) Cases in which treatment is taken in Military or Civil Government Hospital
By the Commanding Officer of the ship or Establishment.

(ab) Cases in which treatment is taken at home
By the Commanding Officer of ship or establishment upto a maximum of 30 days and by the authority mentioned below upto a maximum of 60 days:-(aa) Commanding Officer of the ship of the rank of Captain or above if the ship does not have any Squadron Senior, but if the Commanding Officer is of the rank of Commander or below, then Administrative Authority in respect of sailors borne on the books of ship under his administrative control. (ab) Senior Officer of the Squadron if of the rank of Commander or above in respect of sailors borne on the books of the ship of his Squadron.
(ac) Administrative Authority, if the Senior Officer is of the rank below that of a Commander in respect of sailors borne on the books of the ship of his Squadron.
(ad) Commanding Officer of the shore establishment in respect of sailors borne on the books of his establishment.

(iii) Cases involving overstayal beyond 60 days from the date of falling sick shall be submitted to Central Government for orders.

Explanation 1 : In cases where future leave does not accrue to an individual due to his retirement or discharge, the periods mentioned in sub-clause (aa) and (ac) of clause (i) shall be treated as Extraordinary Leave without pay and allowances by the authorities specified in sub clauses (aa) and (ab) of clause (ii).

Explanation 2 : In case where the period of overstayal is required to be adjusted against the following year’s Annual Leave entitlement, the Annual Leave of that year shall be regarded as proportionately consumed for carrying out necessary adjustments. The grant of leave on compassionate grounds in the following year if necessary, shall be dealt with under Regulation 48.

(iv) If a sailor overstays the leave granted to him due to natural calamities like floods, earthquakes and landslides the period of overstayal of leave up to 30 days may be regularised by the Commanding Officer at his discretion (overstayal of accumulated Annual Leave shall be so regularised under the orders of the Administrative Authority) . The first 15 days of the 30 days limit may be treated as Special Leave with full pay and allowances, and the remaining period upto15 days may be adjusted against the future leave entitlement of the individual. In the case of Artificer Apprentices, Special Leave with full pay and allowances upto 15 days may be sanctioned at the discretion of the Commanding Officer. Any period of overstayal of leave beyond 30 days in the case of Sailors or 15 days in the case of Artificer Apprentices, shall be reported to the Chief of Personnel for orders. In such cases, the period of overstayal may be regularised at the discretion of the Chief of Personnel by grant of leave without pay.
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Wednesday, 13 December 2017

Railway : Admissibility of House Rent Allowance during Study Leave


Railway : Admissibility of House Rent Allowance during Study Leave

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(P&A)II-2017/HRA-4
New Delhi, dated 05.12.2017.
The General Manager (P),
Eastern Railway,
Kolkata

Sub : Admissibility of House Rent Allowance during Study Leave.
Ref:- Eastern Railway's letter No.E.77/o/Vol.VIII, dated 06.03.2017.

With reference to Eastern Railway's letter under reference, it is stated that the matter has been considered in Board's office and it has been observed that on the identical issue a clarification already stands issued to Southern Railway vide Board's letter No. E(P&A)II-2002/HRA-2 dt. 19.02.2002 (copy enclosed) clarifying that the period of 120 days mentioned in Board's letter no. E(P&A)II-82/HRA-2 dated 04.02.1982 had been revised to 180 days in terms of the amendment carried out to Rule 1707 of IREC-II vide Board's letter no. E(P&A)II/89/HRA-48 dt. 07.08.1992. It was further stated in the letter dt. 19.02.2002 that the employees proceeding on study leave are entitled to House Rent Allowance and Compensatory (City) Allowance for first 180 days of the study leave and continuation of these allowances beyond 180 days is subject to the production of certificates prescribed in Para 1707 (iii) of Indian Railway Establishment Code, Volume-II, 1987 Edition. It may however, be noted that CCA has already been abolished vide Board's letter no. E(P&A)II-2008/HRA-10 dt. 12.09.2008 (RBE No.110/2008).

2. Thus, necessary action on the above lines may be ensured.

DA: As above.
S/d,
(Salim Md. Ahmed)
Deputy Director / E(P&A)II,
Railway Board
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Sunday, 15 January 2017

Types of Leave applicable to Central Government Employees as per Leave Rules

Types of Leave applicable to Central Government Employees as per Leave Rules

A brief on all Types of Leave applicable to Central Government Employees as per Leave Rules - Earned Leave, Half Pay Leave, Commuted Leave, Leave Not Due, Maternity Leave, Paternity Leave, Study Leave, Extraordinary Leave, Chile Care Leave and More

1. Earned Leave: Earned Leave is 'earned' by duty. The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave.

2. Half Pay Leave: All Government servants are entitled to 20 days of HPL for every completed year of service. Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service includes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From 1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave: This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.
It can be taken up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due: This Leave is also granted on medical certificate normally. Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. It is granted only medical certificate if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. It may be granted without medical certificate in continuation of maternity leave, and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently. Leave not due during the entire service is limited to a maximum of 360 days and due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave : Maternity leave is granted to women government employees.
1) Pregnancy: 180 days - Admissible only to employees with less than two surviving children.
2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.
The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave : A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave: Study leave may be granted to all government employees with not less than five years' service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant.
The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave.
The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells.
Study leave will not be debited to the leave account and may be combined with other leave due. Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave : Extraordinary leave is granted to a Government servant when no other leave is admissible or when other leave is admissible, but the Government servant applies in writing for extraordinary leave.
Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave : In a calendar year eight days of casual leave is permissible.
Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.
(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave.
(ii) It cannot be combined with joining time.
(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave.
(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave.
(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.
(vi) Casual Leave can be taken for half day also.
(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances.
(viii) LTC can be availed du ring Casual Leave.
(ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority.
10. Child Care Leave : Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc..
Conditions for Child Care Leave
1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.
2. It can be availed in more than one spell.
3. It can not be debited against the leave account.
4. It may be combined with leave of the kind due and admissible.
11. Hospital Leave: Hospital leave is admissible to Group 'C' employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and performance of hazardous takes and to Group 'D' Employees.
Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement : The leave entitlements of employees of Vacation Departments (i.e. departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of 'earned leave'.
No earned leave will be admissible to a government servant of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave : Special disability leave admissible to all employees when disabled by injury intentionally or accidentally inflicted or caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.
Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.
Maximum of 24 months of leave may be granted.
May be combined with any other leave.
Will count as service for pension.
Will not be debited to the leave account.
14. Child Adoption Leave: Child adoption leave is granted to Female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.
Leave salary will be equal to the pay drawn immediately before proceeding on leave.
It may be combined with leave of any other kind. Leave not debited against the leave account.

15. Leave to Probationers : A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent servants according as his appointment is against a permanent post.

16. Leave to Apprentices : Apprentices are admissible to leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship
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