HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016 (Amendments incorporated upto 4th December, 2017) CARRY FORWARD OF LEAVE OR BENEFIT OF PAST SERVICE, GENERA...

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HARYANA CIVIL SERVICES (LEAVE) RULES, 2016 (Amendments incorporated upto 4th December, 2017)

CARRY FORWARD OF LEAVE OR BENEFIT OF PAST SERVICE, GENERAL CONDITIONS, LEAVE SALARY, GRANT OF LEAVE, COMBINATION WITH LEAVE, LEAVE ON MEDICAL CERTIFICATE, KINDS OF LEAVE DUE AND ADMISSIBLE, SPECIAL KINDS OF LEAVE OTHER THAN STUDY LEAVE, STUDY LEAVE, LEAVE ENCASHMENT, MISCELLANEOUS, CASUAL LEAVE, QUARANTINE LEAVE AND SPECIAL CASUAL LEAVE

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016 (Amendments incorporated upto 4th December, 2017)

Definitions, Carry forward of leave or Benefit of Past Service, General Conditions, Leave Salary, Grant of Leave, Combination of Leave, Leave on Medical Certificate, Kinds of Leave due and admissible, Special Kinds of Leave other than Study Leave Study Leave, Leave Encashment, Miscellaneous, Casual Leave, Quarantine Leave and Special Casual Leave

ii

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PREFACE to First Edition Article 309 of the Constitution of India provides that subject to the provisions of the Constitution, Acts of appropriate Legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the State, and, until a provision in that behalf is made by or under an "Act" of the appropriate Legislature, such rules may be framed by the Governor of the State. 2.

All the three Volumes of Punjab Civil Services Rules, to regulate the terms and

conditions of services of the employees of State of Haryana, which were in existence since rest

organization of Haryana State, i.e. 1 November, 1966 have been revised by the Governor of Haryana in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India in the following nine set of rules w.e.f. 19.07.2016, namely:-

1.

Haryana Civil Services (General) Rules, 2016

2.

Haryana Civil Services (Pay) Rules, 2016

3.

Haryana Civil Services (Travelling Allowance) Rules, 2016

4.

Haryana Civil Services (Allowances to Govt. Employees) Rules, 2016

5.

Haryana Civil Services (Leave) Rules, 2016

6.

Haryana Civil Services (General Provident Fund) Rules, 2016

7.

Haryana Civil Services (Pension) Rules, 2016

8.

Haryana Civil Services (Government Employees' Condut) Rules, 2016

9.

Haryana Civil Services (Punishment & Appeal) Rules, 2016

3.

The book in hand is the Haryana Civil Services (Leave) Rules, 2016, which contains

rules pertaining to Definitions, Carry forward of leave or Benefit of Past Service, General Conditions, Leave Salary, Grant of Leave, Combination of Leave, Leave on Medical Certificate, Kinds of Leave due and admissible, Special Kinds of Leave other than Study Leave Study Leave, Leave Encashment, Miscellaneous, Casual Leave, Quarantine Leave and Special Casual Leave. 4.

I am thankful to Shri Raj Pal Nasa, HSS-I, HSAS (now retired) and members of

his team who made sincere efforts in drafting of the Haryana Civil Services Rules incorporating all the instructions/policy decisions taken from time to time pertaining to these rules. 5.

It is a priced publication and can be purchased from the Printing & Stationery

Department, Haryana. The soft copy, in PDF searchable form, of these rules, both in Hindi and English

languages,

www.finhry.gov.in.

is

available

on

the

website

of

Finance

Department

namely

iv

6.

If any error or omission is found in these rules the same may please be brought to

the notice of Finance Department, Haryana Civil Secretariat, Chandigarh so that the same can be corrected.

Dated : 8th December, 2017

P. Raghavendra Rao Additional Chief Secretary to Government, Haryana, Finance Department.

v

PREFACE Article 309 of the Constitution of India provides that subject to the provisions of the Constitution, Acts of appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed to public services and posts in connection with the affairs of the State, and, until a provision in that behalf is made by or under an "Act" of the appropriate Legislature, such rules may be framed by the Governor of the State. 2

Earlier, at the time of framing three Volumes of Punjab Civil Services

Rules, the desirability of framing the "Act" was examined by the then Punjab Government in consultation with the Government of India and it was observed that from the promulgation of the Constitution, various sets of rules were framed and revised under the proviso to Article 309 and brought into conformity with the Constitution. Since the said proviso empowers the President and the Governor to make rules in the case of services and posts in connection with the affairs of the Union and of the State respectively, it was not considered necessary to enact the Act, referred to above. 3.

The matter regarding re-writing of all the three Volumes of Punjab

Civil Services Rules has been under active consideration of Haryana Government for last many years. The Governor of Haryana in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, has been pleased to approve the following seven rules books of Haryana Civil Services Rules to regulate the terms and conditions of services of the employees of State of Haryana :-

4.

1.

Haryana Civil Services (General) Rules, 2016

2.

Haryana Civil Services (Pay) Rules, 2016

3.

Haryana Civil Services (Travelling Allowance) Rules, 2016

4.

Haryana Civil Services (Allowances to Govt. Employees) Rules, 2016

5.

Haryana Civil Services (Leave) Rules, 2016

6.

Haryana Civil Services (General Provident Fund) Rules, 2016

7.

Haryana Civil Services (Pension) Rules, 2016 Haryana

Civil

Services

(Govt.

Employees’

Conduct)

Rules,

2016,

Haryana Civil Services (Punishment & Appeal) Rules, 2016 and Haryana Civil Services (Compassionate Financial Assistance) Rules, 2016 are being notified separately by the General Administration Department.

vi

5.

Main features of these Rules are as under :-

(1)

All

the

instructions/policy

decisions

taken

by

Haryana

Government upto December, 2015 have been incorporated and redundant/obsolete rules or portion thereof have been deleted. (2)

The language of these rules is easy to understand and catchword titles have been provided to make the reading user friendly.

(3)

New terms created from time to time since 1953 have been defined. Terms common for more than one rules books have been compiled at one place.

6.

The soft copy both in Hindi and English language has also been made

available on the website of Finance Department namely www.finhry.gov.in.

The

hard copy of English language would also be made available in near future for sale in the sale depots of Printing & Stationery Department, Haryana. 7. brought

If any error or omission is found in these rules the same may please be to

the

notice

of

Finance

Department,

Haryana

Civil

Secretariat,

Chandigarh so that the same can be corrected.

Dated : 19 July, 2016

Sanjeev Kaushal Additional Chief Secretary to Government, Haryana, Finance Department.

vii

Chapters Index of Haryana Civil Services (Leave) Rules, 2016

See Page

Chapter - I

Preliminary

1

Chapter - II

Definitions

3

Chapter - III

Carry forward of leave or Benefit of Past Service

9

Chapter - IV

General Conditions

11

Chapter - V

Leave Salary

15

Chapter - VI

Grant of Leave

17

Chapter - VII

Combination of Leave

19

Chapter - VIII

Leave on Medical Certificate

23

Chapter - IX

Kinds of Leave due and admissible

29

Chapter - X

Special Kinds of Leave other than Study Leave

37

Chapter - XI

Study Leave

43

Chapter - XII

Leave Encashment

51

Chapter - XIII

Miscellaneous

55

Chapter - XIV

Casual Leave

57

Chapter - XV

Quarantine Leave and Special Casual Leave

61

Annexures & Forms

65-79

Annexure-1

67

Annexure-2

69

Annexure-3

70

Annexure-4

72

Annexure-5

74

Annexure-6

77

viii

ix

Rules Index of

Haryana Civil Services (Leave) Rules, 2016 Chapter - I

Preliminary

1.

Short title and commencement

2.

Extent of application

3.

Special provisions, if any, inconsistent with these rules

4.

Regulation of claim to leave

5.

Power to relax, interpret and amend

6.

Authorities competent to grant leave

7.

Responsibility of Head of Office

8.

Repeal and saving

Chapter - II

Definitions

9.

Definitions

Chapter - III

Carry forward of leave or benefit of past service

10.

Carry forward of leave on subsequent appointment

Chapter - IV

General conditions

11.

General conditions

12.

Conversion of one kind of leave into another

13.

Maximum amount of continuous leave

14.

Effect of dismissal, removal, resignation or retirement on leave account

15.

Commencement and expiry of leave

16.

Recall of a Government employee while on leave

17.

Return to duty before expiry of leave

18.

Arrival report on return from leave

19.

Overstayal of leave and wilful absence

20.

Acceptance of employment during leave

Chapter - V

Leave salary

21.

Leave salary while on leave

Chapter- VI

Grant of leave

22.

Application for leave

x

23.

Who can be granted leave

24.

Verification of title before grant of leave

25.

Leave to Government employee under suspension

26.

Leave not to be granted in certain circumstances

27.

Maintenance of leave account

Chapter - VII

Combination of leave

28.

Combination of holidays and leave

29.

Combination of vacation with leave

Chapter - VIII

Leave on medical certificate

30.

Grant of leave on medical certificate

31.

Grant of leave to Government employee who is unlikely to be fit to return to duty

32.

Second medical opinion

33.

Return from leave on medical certificate

34.

Instructions for competent medical authority/medical board

CHAPTER - IX

Kinds of leave due and admissible

35.

Grant of earned leave to Government employees other than vacation wing

36.

Grant of earned leave to Government employees of vacation wing

37.

Grant of half pay leave to Government employees other than teaching staff of vacation wing

38.

Grant of commuted leave

39.

Grant of leave not due

40.

Grant of extraordinary leave

41.

Limit of extraordinary leave on any one occasion

42.

Competent authority to sanction extraordinary leave

43.

Grant of leave preparatory to retirement (LPR)

CHAPTER - X

Special kinds of leave other than study leave

44.

Grant of maternity leave

45.

Grant of child adoption leave

46.

Grant of child care leave

47.

Grant of paternity leave

48.

Grant of hospital leave

xi

49.

Grant of special disability leave

CHAPTER - XI

Study leave

50.

Conditions of grant of study leave

51.

Application for study leave

52.

Maximum amount of study leave

53.

Sanction of study leave

54.

Combination of study leave with leave of other kinds

55.

Regulation of study leave in excess of the course of study

56.

Leave salary during study leave

57.

Conditions for grant of study allowance

58.

Grant of study allowance to Government employee in receipt of scholarship or stipend

59.

Grant of study allowance to Government employee who accept part time employment during study leave

60.

Grant of traveling allowance

61.

Cost of fees for study

62.

Execution of a bond

63.

Resignation or retirement after study leave

64.

Counting of study leave for promotion, pension, seniority, leave and increments

Chapter - XII

Leave encashment

65.

Leave encashment on the date of retirement or quitting service

66.

Leave encashment in case of death or disappearance of a Government employee

67.

Calculation of leave encashment

68.

Leave encashment not admissible

69.

Withholding of leave encashment

70.

Competent authority for sanction of leave encashment

CHAPTER - XIII

Miscellaneous

71.

Leave during the period of re-employment after retirement and extension in service

72.

Leave to probationers

73.

Leave to the Advocate General

xii

Chapter - XIV

Casual leave

74.

Grant of casual leave

75.

Sanctioning authority

76.

Casual leave during the first and last calendar year

77.

Accounting of casual leave

78.

Short casual leave and late attendance

79.

Maximum limit of casual leave and combination of leave

Chapter - XV

Quarantine leave and special casual leave

80.

Grant of quarantine leave

81.

Special casual leave for donating blood

82.

Special casual leave when bitten by a rabid animal

83.

Special casual leave in lieu of unavailed joining time

84.

Special casual leave for adopting family welfare programme

85.

Special casual leave for participation in sports activities

86.

Special casual leave to Government employee injured in terrorists violence while on duty

87.

Special casual leave for attending meetings/ conferences of recognized associations

88.

Special casual leave to differently-abled employees for attending Conference/ Seminar/ Training/ Workshop Annexures & Forms

Haryana Civil Services (Leave) Rules1 In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules, regulating the terms and conditions for grant of leave to Government employees of the State of Haryana:-

Chapter - I

Preliminary 1.

2.

Short title and commencement.— (1)

These rules may be called the Haryana Civil Services (Leave) Rules, 2016.

(2)

These rules shall be deemed to have come into force from 19th July, 2016.

Extent of application.― Except as otherwise provided, these rules shall apply to all Government employees but shall not apply to— (i)

members of the All India Services;

(ii)

employees serving in a Department under Haryana Government on deputation from Centre or any other State Government or any other source, for a limited duration.

Note 1.─ The Speaker of the Legislative Assembly has agreed under clause (3) article 187 of the Constitution that until a law is made by the Legislature of the State under clause (2) of article 187 of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of article 187 of the Constitution of India, these rules and amendments thereof, if any, after prior consent of the Speaker, shall apply to the secretarial staff of the Haryana Legislative Assembly. Note 2.─ The Chairman, Haryana Public Service Commission, has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Haryana Public Service Commission.

1

Notified vide Gazette Notification No. 2/4/2013-4FR/1082, dated 19th July, 2016, and printed in

HARYANA GOVT. GAZ., SEPT. 13, 2016 (BHDR. 22, 1938 SAKA).

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HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

Note 3.─ If any doubt arises as to whether these rules apply to any person or not, the decision shall lie with the Finance Department. 3.

Special provisions, if any, inconsistent with these rules.— When in the opinion of the competent authority, special provisions inconsistent with these rules are required with reference to any particular post or any conditions of service, that authority may, notwithstanding anything otherwise contained in these rules, and subject to the provisions of clause (2) of article 310 of the Constitution of India, provide in the terms and conditions of appointment of the person appointed to such post for any matter in respect of which in the opinion of that authority special provisions are required to be made: Provided that in the terms and conditions of appointment it shall be clarified in respect of any matter for which no special provision has been made in the terms and conditions of appointment, provisions of these rules shall apply.

4.

Regulation of claim to leave.— A Government employee’s claim to leave is regulated by the rules in force at the time the leave is applied for and granted.

5.

Power to relax, interpret and amend.— The power to interpret, change, amend, relax and removal of doubt of these rules shall lie with the Finance Department. Note 1.─ Communications regarding the interpretation and alteration of these rules shall be addressed to the Finance Department through the Administrative Department concerned. Note 2.─ Where the Finance Department is satisfied that the operation of any of these rules regulating the conditions of service of Government employees or any class of such Government employees, causes undue hardship in any particular case, it may by order dispense with or relax the requirements of that rule to such extent and subject to such conditions, as it may consider necessary for dealing with the case in a just and equitable manner.

6.

Authorities competent to grant leave.— The authorities competent to sanction leave of any kind to a Government employee under these rules shall exercise their power strictly in accordance with these rules and subject to following conditions:-

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

(1)

3

The prior approval of the Administrative Department shall be obtained in cases where the sanction of leave, in combination with or without vacation, if any, involves─

(2)

(i)

extra expense to Government;

(ii)

creation of post; or

(iii)

reference to higher authorities for any substitute.

Leave to a Government employee on foreign service or deputation shall be sanctioned by the competent authority of his parent department.

(3)

The authorities competent to sanction leave may re-delegate the powers, delegated to them in these rules to any gazetted officer under them at their headquarters on their own overall responsibility and subject to such conditions and restrictions as they may like to impose. Copies of such orders shall invariably be endorsed to the Administrative Department, Finance Department and the Principal Accountant General (Audit), Haryana.

7.

Responsibility of Head of office.— In case of unauthorised absence of a Government employee for a period more than one week, the Head of office shall send detailed report to the Head of Department.

In respect of employees of Group A and B the report shall be

forwarded to the Administrative Department by the concerned Head of Department alongwith his comments. 8.

Repeal and saving.— Punjab Civil Services Rules, Volume I, Part I and other provisions contained in Appendices 12, 17 and 20 of the Punjab Civil Services Rules Volume I, Part II and all rules corresponding to these rules in force immediately before the commencement of these rules, are hereby repealed: Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

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HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

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Chapter - II

Definitions 9.

Definitions.— (a)

(1)

Unless the context otherwise requires;

“casual leave” means leave which is granted to a Government employee for unforeseen or occasional unauthorised absence. While on casual leave a Government employee is treated on duty for all purposes provided the same is sanctioned by the competent authority;

(2)

“child adoption leave” means the leave admissible to a female Government employee on legal adoption of a child;

(3)

“child care leave” means the leave admissible to a female Government employee for a maximum period of two years (i.e. 730 days) during the entire service for taking care of her two eldest surviving children upto the age of 18 years only;

(4)

“commuted leave” means leave admissible in exchange of half pay leave to a Government employee on medical ground or for prosecuting higher course of technical or scientific studies in public interest. Double the amount of commuted leave is debited to half pay leave account;

(5)

“competent medical authority” for the purpose of leave on medical certificate means a physician not below the rank of medical officer of a Government hospital, dispensary or a private hospital approved by Haryana Government for the purpose of medical treatment. It also includes physician of an Ayurvedic, Unani and Homoeopathic Government hospital, dispensary and approved similar private hospital(s). For non-gazetted Government employees, in addition to above it includes registered medical practitioner also;

(6)

“completed year of service or one year continuous service” for the purpose of half pay leave means continuous service of a specified duration under the Haryana Government which includes period of service treated as duty as well as leave including extraordinary leave;

(7)

“earned leave” means leave earned in respect of period spent on duty;

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

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(8)

“emoluments for leave encashment” means— (i)

basic Pay, actual or notional whichever fixed/refixed last,

(ii)

dearness allowance admissible on (i) above;

(iii)

special Pay in lieu of higher time scale;

(iv)

personal pay, if any; and

(v)

Non-practicing allowance admissible to Doctors and Veterinary Surgeons subject to pay plus non-practicing allowance not exceeding [Rs. 2,24,100]1.

(vi)

Any other amount specially classed as emoluments for the purpose by the competent authority;

(9)

“extraordinary leave” means leave during which no leave salary is admissible except house rent allowance upto first 180 days of spell of leave availed at a time;

(10) “half pay leave” means leave earned in respect of completed year of service, admissible to a Government employee working on regular basis; (11) “Head of Mission” means Ambassador, Charge d’ Affairs Minister, ConsulGeneral, High Commissioner or any other authority declared as such by the Government of India in the country in which the Government employee undergoes a course of study or training; (12) “hospital leave” means a kind of leave admissible to such Group C and D Government employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs, etc., or the performance of hazardous tasks while under medical treatment for illness or injury if such illness or injury is directly due to risk incurred in the course of their official duties; (13) “leave encashment” means a cash payment in lieu of unutilized earned leave upto a number of days prescribed from time to time which is admissible to a Government employee or the family of deceased or disappeared Government employee on his quitting service but not in case of dismissal or removal from service; (14) “leave not due” means half pay leave granted in advance to a permanent Government employee when neither earned leave nor half pay leave is in his credit. It is debited to half pay leave account, to be earned subsequently; (15) “leave preparatory to retirement” means the last spell of leave upto 180 days

1

Substituted vide Notification No. 2/15/2017-4FR, Dated : 4th December, 2017

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

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earned leave and/or half pay leave, availed by a Government employee upto and including the day of his retirement from service; (16) “leave salary” means the amount paid to a Government employee in lieu of pay and allowances for the period he remained on leave; (17) “leave” means period of absence from duty with proper permission of the competent authority.

It includes earned leave, half pay leave, extraordinary

leave, commuted leave, leave not due, terminal leave, maternity leave, child adoption leave, child care leave, paternity leave, hospital leave, special disability leave, study leave or any other type of authorised absence declared as leave by the competent authority; Note.— It does not include casual leave, special casual leave and quarantine leave; (18) “length of service” for computation of earned leave means continuous service in any [level/pay scale]1 including extraordinary leave and period of break caused as a result of retrenchment; (19) “maternity leave” is a kind of leave admissible to a female Government employee for a period of six months for the delivery of child. It is also admissible for a period upto forty five days in case of miscarriage including abortion but not in threatened abortion; (20) “quarantine leave” means the leave granted to a Government employee at the time when he or any member of his family suffers from prescribed infectious disease(s). The Government employee is treated on duty during the period of quarantine leave; (21) “special disability leave” means a leave admissible to a Government employee who is disabled by injury intentionally inflicted or cause in, or in consequence of the due performance of his official duties or in consequence of his official position; (22) “study leave” means the leave admissible to a Government employee in public interest to enable him to study scientific, technical or to undergo special courses of instructions directly connected with the field of his duties;

1

Substituted vide Notification No. 2/15/2017-4FR, Dated : 4th December, 2017

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

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(23) “terminal leave” means grant of earned leave and/or half pay leave due to a Government employee on termination of his services on account of abolition of his post. (24) “vacation” means period of holidays during which, subject to conditions specified by the competent authority, a Government employee is allowed to remain absent from duty to avail vacation. Unless the contrary appears from the context vacation counts as duty and not as leave; (b)

The terms not defined in this chapter but defined in the Haryana Civil Services (General) Rules, 2016 shall have the same meaning for the purpose of these rules.

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HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

9

Chapter - III

Carry forward of leave or benefit of past service 10.

Carry forward of leave on subsequent appointment.― (1)

On subsequent appointment from one department to another of Haryana Government:-

On subsequent appointment from one department to another of Haryana Government, the benefit of carry forward of leave and/or counting of past service for the purpose of leave shall be admissible provided the application for the post of subsequent appointment was submitted through proper channel. In such case if the Government employee is required to resign from service before taking up the subsequent appointment, such resignation shall not result in the lapse of the leave to his credit and his service shall be treated continue for the purpose of leave. If there is any interruption due to the two appointments being at different stations, such interruptions, not exceeding the journey period, shall be covered by the Head of office by formal condonation. (2)

On subsequent appointment after termination or invalidation.─

On subsequent appointment of a Government employee─ (i)

terminated due to abolition of post or lack of vacancy; or

(ii)

invalided from service due to permanently unfit,

his past service shall be included in the length of service for the purpose of calculation of earned leave provided the break in service, if any, has been condoned by the competent authority.

However, this provision shall not be

applicable to the surplus employees of an organization under Haryana Government on their adjustment/absorption to any department of Haryana Government. (3)

On subsequent appointment from one department to an Organization of Haryana Government.─

On subsequent appointment of a Government employee from any department to an organization both under Haryana Government or vice versa, the concession of carry forward of leave of any kind shall not be admissible, and the State Government shall not accept any liability.

However, on acceptance of his

resignation, the benefit of encashment of earned leave at credit shall be

10

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

admissible as per provision of these rules. Half-pay leave at credit shall stand forfeited. The benefit of counting of past service for the purpose of computing earned leave shall be admissible: Provided the application was submitted through proper channel for the post of subsequent appointment. Note.─ This provision shall also be applicable in case of absorption of a Government employee in any Organization. (4) On subsequent appointment from any other Government to Haryana Government.─ On subsequent appointment from any department or an organization of any other State Government or Central Government to any department of Haryana Government, the benefit of carry forward of leave shall not be admissible. However, the benefit of counting of past service for the purpose of computing the length of service shall be taken into account: Provided the application was submitted through proper channel for the post of subsequent appointment. Note 1.─ Where the benefit of past service has been allowed to be counted for the purpose of computing earned leave such benefit shall also be counted for eligibility of casual leave during a calendar year. Note 2.─ The benefit of counting of past military service for the purpose of computing earned leave and casual leave shall also be admissible on subsequent appointment of an ex-serviceman in any department of Haryana Government.

********

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

11

Chapter - IV

General Conditions 11.

General Conditions.— (1)

Leave cannot be claimed as a matter of right.

(2)

Government employee shall proceed on leave with the prior permission of the competent authority, except in exceptional circumstances.

(3)

When the exigencies of the public services so require, discretion to refuse, revoke or recall from vacation or leave of any description is reserved to the authority empowered to grant it.

(4)

The nature of leave due and applied for by a Government employee, shall not be altered at the option of the sanctioning authority. While it is open to the sanctioning authority to refuse or revoke leave due and applied for under this rule, it is not open to the sanctioning authority to alter the nature of such leave.

(5)

The grant of medical certificate by the medical authority does not in itself confer upon the Government employee concerned any right to leave. The certificate shall be forwarded to the authority competent to grant the leave, and the orders of the authority shall be awaited.

(6)

A Government employee who absents himself from his duty without permission of the competent authority is liable to have his absence treated as wilful absence.

(7)

Every Government employee before proceeding on leave must record on his application for leave, the contact number, email ID and address. Subsequent changes, if any, shall also be intimated to the office.

(8)

No Government employee shall leave his headquarters, during casual leave, holidays or any other kind of leave without prior permission of the authority competent to sanction him casual leave.

12.

Conversion of one kind of leave into another.― (1)

At the request of a Government employee, the authority competent to grant leave to a Government employee may convert leave from one kind to another retrospectively provided that—

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

12

(i)

the leave of such kind were due to him on the day he intends to convert the same, however, the Government employee concerned cannot claim it as a matter of right; and

(ii)

no such request shall be considered unless received within a period of thirty days of the joining of duty on return from leave.

(2)

The conversion 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 employee.

Any amount paid to him in excess shall be

recovered or any arrears due to him shall be paid. Note 1.— Conversion of leave of one kind into another shall not be allowed after the employee ceases to be in service. Note 2.― Period of wilful absence treated as extraordinary leave under Rule 40 shall not be converted into another kind of leave. 13.

Maximum amount of continuous leave.— Unless the competent authority in view of the exceptional circumstances of the case otherwise determines, no Government employee shall be granted leave of any kind for a continuous period exceeding five years. Unauthorized continuous absence exceeding five years shall be treated as deemed resignation from service.

14.

Effect of dismissal, removal, resignation or retirement on leave account.— Except as provided in these rules, any claim to leave at credit of a Government employee, who is dismissed, removed, terminated, retired or who resigns from Government service, ceases from the date of such dismissal, removal, termination, retirement or resignation, as the case may be. However, in case of reinstatement on appeal or otherwise after dismissal or removal from service, he shall be entitled to count his service prior to dismissal or removal, as the case may be, for the purpose of leave.

15.

Commencement and expiry of leave.— (1)

Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day preceding that on which charge is resumed.

(2)

When joining time is allowed to a Government employee on return from

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

13

leave out of India, the last day of his leave is the day on which he arrives at any place of India by any mode of journey. 16.

Recall of a Government employee while on leave.— In case a Government employee is recalled to duty before the expiry of his leave, such recall to duty shall be treated as compulsory in all cases and the Government employee shall be entitled— (a)

if the leave from which he is recalled is in India, to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw— (i)

travelling allowance admissible under the rules for the journey performed in this behalf for the journey; and

(ii)

leave salary, until he joins his post, at the same rate at which he would have drawn it but for recall to duty;

(b)

if the leave from which he is recalled is out of India, to count the time spent on the voyage to India as duty for purposes of calculating leave, and to receive─ (i)

leave salary, during the voyage to India and for the period from the date of landing in India to the date of joining his post, at the same rate at which he would have drawn it but for recall to duty;

(ii)

a free passage to India;

(iii)

refund of his passage from India if he has not completed half the period of his leave by the date of leaving for India on recall or three months, whichever is shorter;

(iv)

travelling allowance, under the rules for the time being in force, for travel from the place of landing in India to the place of duty.

Note.─ Orders recalling a Government employee on leave/vacation shall in all cases be communicated to him on the address/email ID and contact number mentioned on the leave application. 17.

Return to duty before expiry of leave .— (1)

A Government employee on leave may not return to duty before the expiry of the period of leave granted to him, unless he is permitted to do so by the authority which granted him leave.

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

14

(2)

The employee proceeded on leave preparatory to retirement shall not be allowed to return to duty save with the consent of appointing authority.

18.

Arrival report on return from leave.— (1)

A Government employee on return from leave, must submit his arrival report in writing to the authority concerned.

(2)

A Government employee returning from leave is not entitled, in the absence of specific orders to that effect, to resume, as matter of course, the post which he held before going on leave. He must report his return to duty and await orders.

19.

Overstayal of leave and wilful absence.— (1)

A Government employee who remains absent after the end of his leave is not entitled to leave salary for the period of such absence and shall be treated as wilful absence unless his leave is extended by the competent authority

(2)

If a Government employee absents himself abruptly or applies for leave which is refused in the exigencies of service and still he happens to absent himself from duty, the entire period of absence shall be treated as wilful absence.

(3)

Wilful absence from duty renders a Government employee liable to disciplinary action under Haryana Civil Services (Punishment and Appeal) Rules, 2016 and it shall become an interruption in service which entails forfeiture of past service for the purpose of pension.

20.

Acceptance of employment during leave.— A Government employee while on leave shall not ordinarily take any service or accept any employment including the setting up of a private professional practice (like accountant, consultant, legal or medical practitioner) without obtaining previous sanction of the competent authority. Note.— This rule does not apply to casual literary work or service as an examiner or similar employment.

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HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

15

Chapter - V

Leave Salary 21.

Leave salary while on leave.— (1)

Except as otherwise provided in these rules, during the period of earned leave, commuted leave, maternity leave, child adoption leave, child care leave and paternity leave the leave salary equal to the emoluments drawn immediately before proceeding on leave plus dearness allowance at the rate applicable from time to time shall be admissible. It includes pay in [level/pay scale]1, dearness pay, special pay in lieu of higher time scale, personal pay, non-practicing allowance and dearness allowance. However, during

half pay leave or leave not due, leave salary equal to half the

emoluments drawn immediately before proceeding on leave plus dearness allowance at the rate applicable from time to time shall be admissible. The house rent allowance shall be admissible on the emoluments drawn immediately before proceeding on leave.

Other allowances shall be

admissible as per provision in the relevant rules. (2)

During the period of extraordinary leave, no leave salary except house rent allowance upto one hundred and eighty days shall be admissible.

(3)

Leave salary shall be drawn in rupees in India only.

Note 1.— Special allowance to Sweeper shall be admissible at full rate while on earned leave and at half rate while on half pay leave. Note 2.— Deputation allowance shall be admissible with leave salary during the period of deputation/foreign service. Note 3.— During the period of foreign service out of India, the emoluments for the purpose of leave salary shall be the same which would have been drawn by the Government employee had he not been on foreign service out of India.

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1

Substituted vide Notification No. 2/15/2017-4FR, Dated : 4th December, 2017

16

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

17

Chapter - VI

Grant of Leave 22.

Application for leave.— (1)

An application for leave, or for an extension of leave, shall be made in prescribed form at Annexure-1, appended to these rules, to the authority competent to grant such leave through his Head of office.

(2)

A Government employee on foreign service in India shall submit his application for leave to the competent authority of his parent department through his borrowing employer.

23.

Who can be granted leave.— In case where a number of Government employees apply for leave (other than leave on medical certificate) in the same establishment and the leave cannot be sanctioned to all such employees in the interest of public service, an authority competent to grant leave shall take the decision for grant of such leave after taking into account the following considerations :-

24.

(a)

The Government employee who may be easily spared;

(b)

The amount of leave due to the applicants;

(c)

The amount and character of the service rendered by the applicant since he last returned from leave;

(d)

The fact that any such applicant was compulsorily recalled from his last leave.

(e)

The fact that any such applicant has been refused leave in the public interest.

Verification of title before grant of leave.— Leave to Government employees shall not be granted without obtaining report from the Head of the Office in which he is employed or if he himself is Head of the Office from his immediate superior, upon title of leave except in case of emergency on the responsibility of the Government employee for the consequence of the leave asked for being inadmissible.

25.

Leave to Government employee under suspension.— A Government employee who is under suspension may not be granted any kind of leave including casual leave.

If he wants to absent himself from the

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

18

headquarters, he will have to apply for station leave only for the period of absence. Note 1.— The period spent under medical treatment by a Government employee under suspension shall be treated as spent under suspension and the subsistence allowance as admissible under the rules shall be given for that period. On reinstatement, it shall be specified whether it is to be treated as ’duty’ or ‘non-duty’ with reference to the provisions in rules, unless the Government employee concerned desires that it may be converted into leave of the kind due and admissible. Note 2.— If the period of suspension is treated as leave of the kind due with the consent of the Government employee, no approval of higher authority shall be necessary for sanction of any kind of leave to any extent at his credit including extraordinary leave. The period of extraordinary leave shall not be treated as qualifying service for any purposes. 26.

Leave not to be granted in certain circumstances.— Leave shall not be granted to a Government employee whom a competent authority has decided to dismiss, remove or compulsorily retire from Government service.

27.

Maintenance of Leave Account.— (1)

The leave account of Government employees shall be maintained in the following Forms, which are the part of Service Book:Form-1 Form of earned leave account; Form-2 Form of half pay leave account; Form-3 Form of maternity leave and child adoption leave or paternity leave; Form-4 Form of child care leave; Form-5 Form of extra ordinary leave or any other kind of leave.

(2)

The leave account of Government employee shall be maintained by the Head of office in which he is employed, or if he himself is Head of the Office by his immediate superior.

Note.— For specimen of Forms, see Haryana Civil Services (General) Rules, 2016.

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Chapter - VII

Combination of Leave 28.

Combination of Holidays and Leave.— (1)

Combination of Holidays with Leave—

Leave sanctioning authority may permit Sunday and other recognized holidays or vacation to be prefixed to leave or suffixed to leave, or to be both prefixed and suffixed to leave in the circumstances and on the conditions laid down in this rule. (2)

Combination of holiday(s) with leave in the case of leave on medical certificate–

(a)

When a Government employee is certified medically unwell to attend office, holiday(s), if any, immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s), if any, immediately succeeding the day he is so certified (including that day) shall be treated as part of the leave;

(b)

When a Government employee is certified medically fit for joining duty, holiday, if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday, if any, preceding the day he is so certified shall be treated as part of the leave.

(3)

Combination of different kinds of leave―

Any kind of leave admissible under these rules may be granted in combination with or in continuation of any other kind of leave. Note 1.— Casual leave, short casual leave or quarantine leave which is not recognized as leave under these rules shall not be combined with any other kind of leave admissible under these rules. Note 2.─The fundamental principle is that two Government employees cannot be on duty at a time on the same post , therefore, when a Government employee proceeding on leave is permitted by the competent authority to make over the charge on the afternoon of the day immediately preceding the holiday any consequent re-arrangement of pay and allowances shall unless the competent authority in any case other, directs, take effect from

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

20

the first day after the holiday. Similarly, on return from leave, the entitlement of pay and allowances, if any, of successor shall cease to be ended from the day on which the leave would have ended if holidays had not been suffixed. Note 3.― Where the application of the above rules as to prefixing and suffixing holidays to leave is doubtful or inequitable, the Head of Department shall decide which Government employee shall be held to have been incharge, and to whom the pay and allowances of the post for the holiday shall be paid. 29.

Combination of vacation with leave.— (1)

A Government employee of vacation wing may be allowed to prefix or suffix the vacation to leave, or allowed to intervene between two periods of leave subject to condition─ (i)

that total duration of vacation and earned leave taken in conjunction shall not exceed the amount of earned leave due and admissible to the Government employee at a time under these rules; and

(ii)

previous approval of the Finance Department shall be obtained in cases where combination of vacation with leave involves extra expense to Government.

Note 1.─ Recognized holidays intervening between leave and vacation or vice versa shall be treated as part of the vacation and such holidays shall be taken into account for the purpose of calculating the maximum amount of earned leave admissible to a Government employee at any one time. Note 2.─ Casual leave may also be allowed to be prefixed or suffixed to vacation. (2)

When a Government employee is permitted to prefix vacation to leave; he shall report before leaving headquarters, that he makes over charge with effect from the end of the vacation, and the relieving Government employee shall then take over charge, and the leave and any consequent re-arrangement of pay shall have effect from the end of the vacation.

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

(3)

21

When a Government employee is permitted to suffix vacation to leave the Government employee to be relieved shall make over charge before the leave, and any consequent re-arrangement of pay shall have effect from the beginning of the leave.

(4)

If on recall from vacation, the Government employee does not report for duty and a substitute is posted in his place, the corresponding portion of vacation during which the substitute discharges the duties of the post shall be treated as leave.

********

22

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

23

Chapter - VIII

Leave on Medical Certificate 30.

Grant of leave on medical certificate.— (1)

Before submission of an application for grant of leave or an extension of leave on medical certificate, the Government employee shall obtain the certificate issued by the competent medical authority in the following form and enclose it with his application:Medical Certificate Proforma

Name of the applicant _______________________________________________ Designation _______________________________________________________ Office of__________________________________________________________ Age _____________________________________________________________ I, ___________________________ (Name and

designation of competent

medical authority) after careful personal examination hereby certify that Shri/ Smt. ________________________ is suffering from disease _____________ and

is in a bad state of health; and I solemnly and sincerely declare that

according to the best of my professional judgment, a period of absence from duty is essentially necessary for the recovery of his health and recommend that he may be granted leave from _____________ to _____________. In my opinion it is/it is not necessary for the Government employee to appear before a Medical Board.

Signature of applicant______________________ in the presence of competent medical authority

Signature of competent medical authority (with Stamp and Date) Note 1.─ In the case of Gazetted Government employee, the medical certificate of the competent medical authority and in case of non-gazetted

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

24

Government employee, a certificate given by a competent medical authority or by any of the following having a registered number ─ (a)

Ayurvedic, Unani or Homoeopathic medical practitioner;

(b)

Dentist in the case of dental ailments; or

(c)

an honorary Medical Officer,

may be accepted. Note 2.─ No recommendation contained in this certificate shall be evidence of a claim to any leave not admissible to the Government employee under the terms of his appointment or of the rules to which he is subject. Note 3.─ This form shall be adhered to as closely as possible and shall be filled in after the signature of the applicant has been taken. The certifying officer is not at liberty to certify that the applicant requires a change from or to a particular locality. Such certificate shall only be given at the explicit desire of the administrative authority concerned, to whom it is open to decide, when an application on such grounds has been made to him, whether the applicant shall

go before a Medical Board to decide the question of his

fitness for service. Note 4.─ A Government employee after availing leave on medical grounds shall have to submit a fitness certificate in the prescribed form to be issued by the competent medical authority. (2)

Medical authority shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government employee concerned shall ever be fit to resume his duties. In such cases the opinion that the Government employee is permanently unfit for Government service shall be recorded in the medical certificate.

(3)

In cases where the leave on medical certificate is availed by a Government employee continuously for a period exceeding three months but he is not undergoing indoor treatment, the competent authority may direct him to appear before the medical board.

31.

Grant of leave to Government employee who is unlikely to be fit to return to duty.— When a medical board has reported that there is no reasonable prospect that a particular Government employee shall ever be fit to return to duty, leave shall not

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

25

necessarily be refused to such a Government employee. It may be granted, if due, by a competent authority on the following conditions:(a)

if the medical board is unable to say with certainty that the Government employee shall ever again be fit for service, leave not exceeding twelve months in all may be granted. Such leave shall not be extended without further reference to a medical board; or

(b)

if the medical board declares the Government employee to be completely and permanently incapacitated for further service, he shall, except as provided in clause (c) below, and section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Central Act 1 of 1996), be invalided from the service, either on the expiration of the leave already granted to him, if he is on leave when examined by the board, or if he is not on leave from the date of the board’s report.

Explanation.─ Disabilities

As defined in clause (i) of section 2 (i) of the Persons with (Equal

Opportunities,

Protection

of

Rights

and

Full

Participation) Act, 1995 (Central Act 1 of 1996), “Disability” means, (i)

blindness;

(ii)

low vision;

(iii)

leprosy-cured;

(iv)

hearing impairment;

(v)

loco motor disability;

(vi)

mental retardation;

(vii) mental illness. (c)

A Government employee declared by a medical board to be completely and permanently incapacitated may, in special cases, be granted leave, or an extension of leave, not exceeding six months, if such leave is due to him.

32.

Second medical opinion.— The authority competent to sanction leave may, at its discretion, secure a second medical opinion, by requesting the Civil Surgeon to have the applicant medically examined. Decision shall be taken at the earliest possible after the receipt of first medical opinion.

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

26

33.

Return from leave on medical certificate.— A Government employee who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness signed by the competent medical authority or medical board, as the case may be, in the following form :“I/We _________________________ Medical Officer/ SMO/PMO/Civil Surgeon/ Members of a medical board do hereby certify that I/We have examined Shri ______________________ of the __________________________ Department whose signatures are given below and find that he/she has recovered from his illness and is now fit to resume duties in Government services. I/We have examined the original medical certificate(s) on which leave was granted or extended and have taken these into consideration in arriving at my/our decision”.

Signature of applicant in the presence of Competent medical authority

Signature of Competent medical authority (with Stamp and Date)”. Note.─ Where the medical certificate for leave has been obtained from the Medical Board in such case the certificate of fitness shall be obtained from the Medical Board. 34.

Instructions for competent medical authority/medical board.— (1)

The competent medical authority shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government employee concerned shall ever be fit to resume his duties. In such cases, the fact that the Government employee is permanently unfit for Government service shall be recorded in the medical certificate, and the case shall be referred to medical board by the competent medical authority.

(2)

In a case, where the period of leave initially recommended, or the period of leave

initially

recommended

together

with

any

extension

thereof

subsequently recommended does not exceed two months, the medical

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

27

authority shall invariably certify whether in its opinion it is or it is not necessary for the officer to appear before the medical board. (3)

The Government employee who presents himself before the medical board on the advice of medical authority as per sub-rule (1) above, the medical board after examining the Government employee shall issue a certificate to the following effect: “We do hereby certify that, according to the best of our professional judgment, after careful personal examination of the case, we consider the health of Shri ______________________ to be such as to render leave of absence from _____________ to ______________ absolutely necessary for his recovery.”

(4)

Before deciding whether to grant or refuse the certificate, the medical board may, in a doubtful case, detain the applicant under professional observation for a period not exceeding fourteen days. in that case, medical board shall grant a certificate to the following effect:“Shri _______________________ having applied to us for a medical certificate recommending the grant of leave to him, we consider it expedient, before granting or refusing such a certificate, to detain him under professional observation, for _________days.”

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28

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

29

CHAPTER - IX

Kinds of leave due and admissible 35.

Grant of earned leave to government employees other than vacation wing.— (i)

The rate of ‘earned leave’ admissible to a Government employee of other than vacation wing is as under:(a)

1/24th of the period spent on duty, during the first 10 years of his service;

(b)

1/18th of the period spent on duty, during the next 10 years of his service; and

(c) (ii)

1/12th of the period spent on duty, thereafter.

Accumulation of earned leave shall be permissible to any extent but the maximum earned leave, that may be granted by the competent authority at a time to a Government employee, shall be as under :(a)

365 days, if spent in India; and

(b)

500 days, if the entire leave so granted or any portion thereof is spent out of India:

Provided that the period of such leave spent in India shall not in aggregate exceed 365 days. (iii)

Head of office, Head of Department and Administrative Department are competent to sanction earned leave as under :Employees of Group C&D

Head of office

Upto 120 days within or out of India;

Employees of Group A&B

Head of office

Upto 30 days within or out of India;

Any Government employee under their control.

Head of Department

Upto 240 days within or out of India;

Administrative Department

Upto 365 days in India and upto 500 days out of India.

Note.─ Earned leave exceeding above limit shall be sanctioned with the previous approval of the Finance Department.

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

30

36.

Grant of earned leave to government employees of vacation wing.— (1)

A Government employee of vacation wing shall not be entitled to earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

Exception.─ Earned leave of ten days in lieu of half pay leave for each completed year of service shall be admissible, in addition to vacation, to teaching staff only posted in vacation wing(s): Provided no such leave shall be admissible during the first year of service. Note.─ List of the employees of vacation wings has been given in the Annexure of this rule. (2)

The earned leave admissible to such Government employee in respect of any year in which he is prevented from availing himself of the full vacation and directed by general or special order to join his duty or to undertake training or seminar in public interest during the period of vacation, shall be entitled to earned leave in such proportion of the following periods as the number of days of vacation not taken bear to the full vacation:(i)

to a Government employee with 10 years’ service or less :15 days

(ii)

to a Government employee with more than ten years service but not exceeding 20 years service: 20 days

(iii)

to a Government employee with over 20 years' service:30 days: Provided that if a Government employee is prevented from enjoying

more than 15 days of the vacation, he shall be considered to have availed himself of no portion of the vacation. (3)

If in any year, he does not avail himself of the vacation, earned leave shall be admissible in respect of that year in accordance with the provisions of sub rule (2).

Note 1.─ Whenever a Government employee is recalled to duty or directed to undertake training or seminar during vacation, necessary entry in his service book shall be made by the Head of office. Note 2.─ For the purpose of this rule, the period of training or seminar includes the period of journey.

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

31

Annexure Employees of vacation wings The list of employees of vacation wing is as under:I

Judicial

Civil Judges (Senior Division), Additional Civil Judges (Senior Division) and Civil Judges (Junior Division) and their

establishment

including

Process

Serving

Establishment actually employed on work connected with process serving.] II

(A) Education

1.

Principals, Staff, Laboratory Attendants and establishment of Government Colleges for boys

(General)

and girls excluding Librarians, clerical staff, Restorers

and

other

class

IV

Government

employees. 2.

Head,

staff

and

Laboratory

Attendants

of

Government schools for boy and girls excluding clerical staff and other class IV Government employees. (B) Education

1.

Staff

(excluding

ministerial

and

class

IV

[Technical and

employees, Principals, Training and Placement

(Government

Officers, Workshop Superintendents, Foreman

Engineering

Instructors, Workshop Instructors, Librarians) of

Colleges)]

the Government Polytechnic Institutions. 2.

Principals and staff (excluding ministerial and class

IV

employees)

of

the

Government

Engineering Colleges. III.

Industries

Principals and other teaching staff of Government Foot Wear Institute, Rewari.

IV.

Health

Principals, Professors, Associate Professors, Readers, Assistant Professors, Lecturers and Junior Lecturers in Pharmacy Department

Note.― The concerned Administrative Department is competent to declare a Government employee or class of Government employees to be of vacation wing in addition to above.

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

32

37.

Grant of half pay leave to Government employees other than teaching staff of vacation wing.— (1)

The half pay leave of twenty days shall be admissible to all the Government employees other than teaching staff of vacation wing on completion of one year continuous service.

(2) The half pay leave due may be granted to a Government employee for any purpose. (3)

The authority competent to grant half pay leave is as under :Employees of Group C & D

Head of office

Any Government employee Head under their control. Department

Upto 120 days of Upto 240 days

Administrative Department 38.

Full Power

Grant of commuted leave.— (1)

Commuted leave not exceeding half the amount of half pay leave due may be granted on medical certificate to a Government employee provided twice the amount of such leave shall be debited to the half pay leave account.

(2)

No commuted leave may be granted under this rule unless the leave sanctioning authority has reason to believe that the Government employee shall return to duty on its expiry.

(3)

The authority competent to grant commuted leave on medical certificate is as under :-

(4)

Employees of Group Head of office C&D

Upto 120 days

Any Government Head of Department employee under their control. Administrative Department

Upto 240 days

Full Power

Half pay leave upto a maximum of 180 days shall be allowed to be commuted by the Administrative Department, with the prior approval of Finance Department, during the entire service where such leave is utilized for an approved course of study in public interest.

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

33

Note.─ Where commuted leave is granted to a Government employee under this rule and he intends to retire subsequently, the commuted leave shall be converted into half pay leave and the difference between the leave salary in respect of commuted leave and half pay leave shall be recovered. An undertaking of this effect shall, therefore, be taken from the Government employee, who avails himself of commuted leave, but the question whether the Government employee concerned shall be called upon to refund the amount drawn in excess

as leave salary shall be

decided on merits of each case i.e. if the retirement is voluntary, refund shall be enforced, but if the retirement is compulsory thrust upon him by reason of ill-health in capacitating him for further service, no refund shall be taken. 39.

Grant of leave not due.— (1)

Leave not due on half pay may be granted to a permanent Government employee for a period not exceeding 360 days during the entire service on medical certificate subject to following conditions :(i)

The authority competent to grant leave is satisfied that there is reasonable prospect of the Government employee returning to duty on its expiry;

(ii)

Leave not due shall be limited to the half pay leave likely to be earned thereafter;

(iii)

Leave not due shall be debited against the half pay leave account which the Government employee may earn subsequently.

(2)

(a)

When a Government employee while on leave not due applies for voluntary retirement, his retirement shall have effect from the date— (i)

on which such leave commenced, if it is availed for private affairs, and he shall have to refund the leave salary drawn during such leave; or

(ii)

of receipt of notice if leave not due is availed on medical certificate and he shall have to refund the leave salary drawn from the date of notice during such leave.

(b)

When a Government employee who has availed leave not due, applies for voluntary retirement on whatsoever reason or resigns at

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

34

any time after returning to duty, he shall have to refund the leave salary, if any, after adjustment of half pay leave credited in his account after returning to duty: Provided that no leave salary shall be recovered under clause 2(a) or (b) if the retirement is by reason of ill-health incapacitating the Government employee for further service or in the event of his death: Provided further that no leave salary shall be recovered under clause 2(a) or (b) on premature retirement or compulsory retirement. (3)

Leave not due shall not be allowed to be converted into commuted leave or any other kind of leave even on medical certificate.

(4)

The authority competent to grant leave not due is as under:Employees of Group C and D

Head of office

Upto 60 days

Any Government employee under their control.

Head of Department

Upto 120 days

Administrative Department

Upto 180 days

Note.― Under this rule period of leave not due to be allowed shall be restricted to the amount of half pay leave likely to be earned by the Government employee after returning to the duty. 40.

Grant of Extraordinary leave.— (1)

Extraordinary leave may be granted to a Government employee in special circumstances:(i)

when neither earned leave nor half pay leave is at his credit; or

(ii)

when either of such leave is at his credit, but the Government employee concerned applies in writing for the grant of extraordinary leave.

(2)

The authority competent to grant leave shall also be competent to convert retrospectively the period of— (a)

absence without leave or wilful absence into extraordinary leave only and not into the due leave of any other kind; and

(b)

extraordinary leave already granted into earned leave and/or half pay leave provided the same were admissible at the time of availing extraordinary leave.

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

35

Note 1.─ The power of converting retrospectively periods of wilful absence into extraordinary leave under sub-clause (a) of sub-rule (2) is absolute and not subject to the conditions mentioned in sub-rule (1). Such commutation is permissible even when other leave was admissible to the Government employee concerned at the time his absence without leave commenced. This concession cannot, however, be claimed by the Government employee as a matter of right. Note 2.─ Extraordinary leave granted to a Government employee on medical certificate may be commuted retrospectively into “leave not due” at the discretion of the authority competent to sanction leave. 41.

Limit of extraordinary leave on any one occasion.— Extraordinary leave not exceeding the following limits may be granted on any one occasion :(i)

Six months;

(ii)

24 months on medical certificate signed by the competent medical authority subject to acceptance of medical certificate by the leave sanctioning authority; and

(iii)

24 months for the purpose of higher studies/training to be certified by Government in public interest provided the Government employee concerned has completed three years continuous service on the date of expiry of leave of the kind due and admissible under the rules [including six months’ extraordinary leave under (i) above] before the commencement of such leave.

42.

Competent authority to sanction extraordinary leave.— The following authorities are competent to sanction extraordinary leave to the Government employees if no substitute is required otherwise the leave shall be sanctioned by the Administrative Department concerned :Employees of Group Head of office C and D

Upto 120 days

Any Government Head of Department employee under their Administrative control. Department

Upto 240 days Upto 365 days

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

36

43.

Grant of leave preparatory to retirement (LPR).— A Government employee may be permitted by the competent authority to grant leave preparatory to retirement (LPR) to the extent of earned leave and/or half pay leave due, not exceeding 180 days, upto and including the date of retirement. A Government employee, who proceeded on leave preparatory to retirement shall not be allowed to join the duties during the period of leave preparatory to retirement.

The benefit of leave encashment of earned leave upto the limit

prescribed from time to time shall also be admissible in addition to leave preparatory to retirement.

********

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

37

CHAPTER - X

Special kinds of leave other than Study Leave 44.

Grant of Maternity leave.— (1)

The Head of office, on the recommendation of competent medical authority, may grant maternity leave, for a period not exceeding six months from the date of its commencement, to a female Government employee. It shall not be debited against the leave account, however, necessary entries shall be made in the relevant form of service book.

(2)

Maternity leave not exceeding forty five days during the entire service career may also be granted on account of miscarriage/abortion to a female Government employee subject to recommendation of competent medical authority.

(3)

Any other kind of leave may be permitted to be prefixed to maternity leave without insisting on a medical certificate. But any leave applied for in continuation of the maternity leave may be granted only if the request is supported by a medical certificate of competent medical authority.

(4)

Recognized holidays including Sundays and vacation falling during the period of leave shall be treated as maternity leave.

Note 1.─ The female Government employee applying for grant of maternity leave shall apply for leave along with medical certificate issued by the competent medical authority. Note 2.─ Any other kind of leave (excluding casual leave) in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to the submission of medical certificate from the competent medical authority to the effect that the condition of the ailing baby warrants mother’s personal attention and her presence by the baby’s side is absolutely necessary. [Note 3.— Where the woman employee gives birth to a dead baby or the child dies during the currency of maternity leave, in such case the maternity leave upto 45 days or 7 days from the date of death of the child, whichever is later, shall be admissible.]1

1

Added vide Notification No. 2/15/2017-4FR, Dated : 4th December, 2017

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38

45.

Grant of child adoption leave.— (1)

A female Government employee on valid adoption of a child below the age of one year may be granted by the Head of Department child adoption leave for a maximum period of six months or upto date of attaining the age of one year by the adopted child, whichever is earlier.

Explanation.─ For the purpose of age of adopted child, the completed month(s) shall be taken into account and broken month shall be ignored. If the age of the child is four months twenty days, child adoption leave shall be admissible for six months, if the age of the child is eight months twenty nine days, child adoption leave of four months may be allowed. (2)

No child adoption leave shall be admissible to an adoptive mother already having two surviving children at the time of adoption except in the case of adoption of a girl as a third child;

(3)

Recognized holidays including sundays and vacation falling during the period of leave shall be treated as child adoption leave.

(4)

In continuation of child adoption leave, the adoptive mother may also be granted, if applied for, leave of the kind due and admissible (including leave not due and commuted leave) not exceeding sixty days on production of medical certificate or for a period upto the age of one year of the adopted child, whichever is less.

(5)

In case it is found at any stage that the adoption was not genuine, or the adopted child is given back, then the leave salary paid for the period shall be recovered with prevailing rate of interest of general provident fund from the employee's salary, or the leave availed shall be deducted from the earned leave account.

46.

Grant of child care leave.— A competent authority may grant child care leave to a woman Government employee subject to following conditions:(1)

Child care leave shall be admissible for a maximum period of 730 days during the entire service for taking care of her two eldest surviving children below the age of 18 years only.

(2)

Child care leave shall not be demanded as a matter of right and no one can, under any circumstances, proceed on child care leave without prior proper sanction of the leave by the competent authority.

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(3)

39

Child care leave shall be admissible during the probation period, provided the probation period shall be extended by the period of child care leave availed.

(4)

This leave may not be availed for a spell of less than 30 days.

(5)

Recognized holidays including sundays and vacation falling during the period of leave shall also be treated as child care leave.

(6)

Leave not due (without production of medical certificate) may be granted under these rules beyond the period of 730 days of child care leave .

(7)

Any other kind of regular leave may be prefixed or suffixed to child care leave.

(8)

The leave account of child care leave shall be maintained in the prescribed proforma and be kept in the service book.

(9)

Period of any other kind of leave already availed or the period of unauthorized absence shall not be converted into child care leave with retrospective effect.

(10) No child care leave shall be admissible for third or next child irrespective of age. (11) Child care leave will be allowed to women Government employees with the intention to facilitate them to take care of their children at the time of need but it does not mean that child care leave shall disrupt the functioning of the offices/ institutions/schools etc. Therefore, it shall be the duty of sanctioning authority to keep this in view. (12) The competent authority for grant of such leave shall be as under:Appointing Authority

Group C & D employees Full powers

Head of Department

Group B employees

Full Powers

Administrative Secretary

Group A employees

Full Powers

Note.─ This rule shall also be applicable to women employees appointed on adhoc basis and work charged employees, however, not before completion of minimum two years service and not beyond the date of discharge or termination on whatsoever reason. 47.

Grant of paternity leave.— (1)

[A male Government employee upto two surviving children may be granted paternity leave by the Head of office for a period of 15 days during the

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40

confinement of his wife or from the date of valid adoption of a child of less than one year. This leave can be availed during 15 days before or upto 6 months from the date of delivery of the child.] (2)

1

During such period of 15 days, the leave salary as admissible while on earned leave shall be paid.

(3)

The recognized holidays and sunday(s) falling during such leave shall also be treated as paternity leave.

(4)

If paternity leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.

Note.─ The

paternity

leave

may

not

normally

be

refused

under

any

circumstances. 48.

Grant of hospital leave.— (1)

The Administrative Department with the prior approval of Finance Department is competent to grant hospital leave upto 730 days in one or more spells during entire service which shall be admissible to— (a)

Group ‘D’ Government employees; and

(b)

such Group ‘C’ Government employees whose duties involve the handling of dangerous machinery, explosive materials, poisonous drugs and the like, or the performance of hazardous tasks,

while under medical treatment in a hospital or otherwise, for illness or injury, if such illness or injury is directly attributable to their official duties. (2)

Hospital leave shall be granted on the production of medical certificate from the competent medical authority of a Government hospital only.

(3)

The leave salary equal to the same as admissible while on— (i)

earned leave, for the first 120 days of such leave; and

(ii)

half pay leave, for the remaining period of such leave. However, the Government employee may opt for leave salary equal to earned leave for which his half pay leave shall be debited. Under these circumstances hospital leave and half pay leave shall run concurrently.

(4)

1

Hospital leave shall not be debited against the leave account and may be

Substituted vide Notification No. 2/15/2017-4FR, Dated : 4th December, 2017

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41

combined with any other leave of the kind due, provided that total period of leave combination together shall not exceed 28 months. (5)

In the case of a person to whom the Workmen's Compensation Act, 1923 (8 of 1923), applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable, if any, under the said Act.

49.

Grant of special disability leave.— (1)

The Administrative Department with prior approval of Finance Department is competent to grant special disability leave, for a period upto which it is recommended by the competent medical authority of a Government hospital only but not exceeding 730 days, to a Government employee who is disabled by injury— (a)

intentionally inflicted or caused in; or

(b)

accidentally incurred; or

(c)

in consequence of the due performance of his official duties; or

(d)

by illness incurred in the performance of any particular duty;

which has the effect of increasing his illness or injury beyond the ordinary risk attaching to the duty performed by him. (2)

The grant of special disability leave in such case shall be subject to the further conditions that the— (i)

disability must be certified by a competent medical authority of a Government Hospital to be directly attributed to the performance of official duty;

(ii)

period of absence recommended by the competent medical authority of Government Hospital may be covered partly by special disability leave and partly by any other kind of leave, provided that the amount of special disability leave granted on leave salary equal to that admissible on earned leave shall not exceed 120 days.

(3)

Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it attributed and the person disabled acted with due promptitude in bringing it to the notice of the competent authority,

(4)

Special disability leave may be combined with leave of any other kind.

(5)

Special disability leave may be granted more than once if the disability is

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42

aggravated or reproduced in similar circumstances at a later date, but not more than 730 days of such leave shall be granted in consequence of any one disability. (6)

Special disability leave shall not be debited against the leave account. However, necessary entry shall be made on the prescribed form available in Service book of the concerned Government employee.

(7)

Leave salary during such leave shall be for the— (a)

first 120 days, including a period of such leave granted under subrule (5), be equal to leave salary while on earned leave; and

(b)

remaining period of any such leave, be equal to leave salary while on half pay leave: However, the Government employee may opt for leave salary equal to earned leave for the remaining period for which his half pay leave account shall be debited.

Under these

circumstances special disability leave and half pay leave shall run concurrently. (8)

The provisions of this rule shall also apply to a civil Government employee, disabled in consequence of service with a military force, if he is discharged as unfit for further military service, but is not completely and permanently incapacitated for further civil service.

(9)

The liability of leave salary shall be borne by the concerned foreign employer in respect of Government employee who remained on foreign service, if it is medically certified that the disability has been incurred in or through foreign service, irrespective of the period that has elapsed between the date of reversion and the date of manifestation of the disability.

(10) (a)

In the case of a person to whom the Workmen's Compensation Act, 1923 (8 of 1923) applies the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under clause (d) of sub-section (1) of section 4 of the said Act.

(b)

In the case of a person to whom the Employees' State Insurance Act, 1948 (34 of 1948) applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

********

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CHAPTER - XI

Study Leave 50.

Conditions of grant of study leave.— (1)

Study leave may be granted to Government employee on such terms as may be prescribed by general or special orders of the competent authority to undergo, in or out of India, a special course of study consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with his sphere of duty. Such leave shall not be debited against the leave account.

(2)

Study leave may also be granted.─ (i)

for a course of training or study

tour in which a Government

employee may not attend a regular academic or semi-academic course, if the course of training or the study tour is certified to be of definite advantage to Government from the point of view of public interest and is related to the sphere of duties of the Government employee; or (ii)

for the purpose of studies connected with the frame work or back ground of public administration subject to the conditions that─ (a)

the particular study or study tour should be approved by the authority competent to sanction study leave; and

(b)

the Government employee should be required to submit, on his return a full report of the work done by him while on study leave; or

(iii)

for the studies which may not be closely or directly connected with the work of a Government employee but which are capable of widening his mind in a manner likely to improve his abilities as a civil employee and to equip him better to collaborate with those employed in other branches of the public service.

Note.─ Application for the study leave in case falling under clause (iii) shall be considered on merits of each case in consultation with the Finance Department. (3)

Study leave shall not ordinarily be granted to a Government employee who─

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44

(i) (ii)

has rendered less than five years service on regular basis under the Government ; [ ]1 does not hold a gazetted post under the Government; [and]2

(iii)

is due to retire or has the option to retire from the Government service within five years of the date of which he is expected to return to duty after the expiry of the leave.

(4)

Study leave shall not be granted, unless─ (i)

it is certified by the authority competent to sanction leave that the proposed course of study or training shall be of definite advantage from the point of view of public interest;

(ii)

it is for prosecution of studies in subjects other than academic or literary subject; and

(iii)

the Department of Economic Affairs of the Ministry of Finance agrees to the release

of foreign exchange involved in the grant of study

leave, if such leave is outside India. (5)

Study leave out of India shall not be granted for the prosecution of studies in subjects for which adequate facilities exist in India or under any of the schemes administered by the Department of Economic Affairs of the Ministry of Finance or by the Ministry of Education and the Ministry of Scientific Research and Cultural Affairs.

(6)

Study leave shall not be granted to a Government employee with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave.

51.

Application for study leave.— (1)

Every application for study leave shall be submitted through proper channel to the authority competent to sanction study leave. The course or courses of study contemplated by the Government employee and any examination, which he proposes to undergo shall be clearly specified therein.

(2)

Where it is not possible for the Government employee to give full details in his application, or if, after leaving India, he is to make any change in the programme which has been approved in India, he shall submit the particulars as soon as possible to the Head of Mission or the authority

1

Omitted vide Notification No. 2/15/2017-4FR, Dated : 4th December, 2017

2

Substituted vide Notification No. 2/15/2017-4FR, Dated : 4th December, 2017

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

45

competent to sanction the study leave, as the case may be, and shall not unless prepared to do at his own risk, commence the course of study or incur any expenses in connection therewith until he receives approval of the competent authority. 52.

Maximum amount of Study leave.— The maximum amount of study leave which may be granted in one or more spells to a Government employee shall be as under:– (i)

ordinarily twelve months at any one time which shall not be exceeded save for exceptional reasons, and

(ii)

during the entire service, twenty four months in all (inclusive of study leave granted under any other rules).

Note.─ Study leave shall not be debited to leave account. 53.

Sanction of study leave.— (1)

The competent authority for Study leave shall be the Administrative Department with the concurrence of Finance Department;

(2)

Where a Government employee is serving on deputation or foreign service in another department/organization, he will be granted study leave by the competent authority of his parent department;

(3)

Where the study leave is granted for pursuing of studies abroad, the Head of Mission concerned shall be informed of the fact by the authority granting the leave.

(4)

On completion of a course of study, the Government employee shall submit to the authority which granted him the study leave, the certificates of examination passed or special courses of study undertaken, indicating the dates of commencement and termination of the course with the remarks, if any, of the authority in-charge of the course of study. If the study is undertaken in a country outside India where there is an Indian Mission, the certificate shall be submitted through the Head of Mission concerned. When the study leave has been taken in India or any other country where there is no indian mission, such certificate shall be forwarded to the authority, which sanctioned the leave.

54.

Combination of study leave with leave of other kinds.— (1)

Study leave may be combined with other kinds of leave but in no case shall

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46

the grant of study leave in combination with leave, other than extraordinary leave, involve a total absence of more than twenty eight months from the regular duties of the Government employee. Note.─

The limit of twenty eight months of absence includes the period of

vacation. (2)

A Government employee granted study leave in combination with any other kind of leave may, if he so desires, commence his study during any other kind of leave but the period of such leave coinciding with the course of study shall not count as study leave.

55.

Regulation of study leave in excess of the course of study.— When the duration of course of study falls short of study leave sanctioned to the Government employee, he shall resume duty on the conclusion of the course of study, unless the previous assent of the authority competent to sanction leave has been obtained to convert the excess period of study leave into any other kind of leave.

56.

Leave salary during study leave.— (1)

During study leave, a Government employee shall draw leave salary equal to the amount admissible during half-pay leave in addition to scholarship, stipend or remuneration, if any.

(2)

The Government employee on study leave shall be entitled to dearness allowance and other compensatory allowances at the rates as admissible from time to time at the station from where he proceeded on study leave subject to the conditions prescribed in the respective rules/instructions.

57.

Conditions for grant of study allowance.— A study allowance at the rate prescribed from time to time by Government of India shall be admissible if study leave has been granted for studies outside India for the period spent in prosecuting a definite course of study at a recognized institution or in any definite tour of inspection of any special class of work, as well as for the period covered by any examination at the end of the course of study, subject to following conditions:(1)

The period for which study allowance may be granted shall not exceed twenty-four months in all.

(2)

Study allowance may be paid at the end of every month provisionally subject to an undertaking in writing being obtained from the Government employee that he shall refund to Government any over-payment

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

47

consequent on his failure to produce the required certificate of attendance or otherwise. (3)

A Government employee may be allowed to draw study allowance for the entire period of vacation during the course of study subject to the conditions that:(i)

he attends during vacation any special course of study or practical training under the direction of Government in consultation with Finance Department; or

(ii)

in the absence of any such direction, he produces satisfactory evidence before the Head of Mission or the authority competent to sanction study leave, as the case may be, that he has continued his studies during the vacation.

(4)

No study allowance shall be drawn during vacation falling at the end of a course of study except for a maximum period of fourteen days.

Note.─ The period of vacation during which study allowance is drawn shall be taken into account in calculating the maximum period of twenty four months, for which study allowance is admissible. (5)

Study allowance shall not be granted for any period during which the Government employee interrupts his course of study to suit his own convenience: Provided that the authority competent to sanction study leave, in a case where the study leave is taken in india or a country where there is no india mission, and the Head of Mission, in other cases, may authorize the grant of study allowance for any period not exceeding fourteen days at a time during which the Government employee is prevented by sickness from pursuing his course of study.

(6)

In the case of a definite course of study at a recognized institution, the study allowance shall be payable by the authority competent to sanction study leave if the study leave availed of is in India or in a country where there is no India Mission and by the Head of Mission in other cases, on claims submitted by the Government employee from time to time, supported by proper certificates of attendance.

(7)

The certificate of attendance required to be submitted in support of the claims for study allowances shall be forwarded at the end of the term if the Government employee is undergoing study in an educational institution, or

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

48

at intervals not exceeding three months, if he is undergoing study at any other institution. (8)

When the programme of approved study does not include or does not consist entirely of such a course of study, the Government employee shall submit to the authority competent to sanction study leave direct or through the Head of Mission a dairy showing how his time has been spent and a report indicating fully the nature of the methods and operations which have been studied and including suggestions as to the possibility of adopting such methods or operations to conditions, obtaining in India. The authority competent to sanction study leave shall decide whether the dairy and report show if the time of the Government employee was properly employed and shall determine accordingly for what periods study allowance may be granted.

(9) (i) In the case of a Government employee who holds a gazetted post, the payment of study allowance at the full rate shall be subject to the production of a certificate to the effect that he is not in receipt of any scholarship/stipend or any other remuneration in respect of any part-time employment, and (ii)

In the case of a Government employee who not holding a gazetted post, has been granted study leave in relaxation of the provisions of rule 50. Such a certificate as is referred to in clause (i) of this sub-rule shall be obtained from him by the drawing officer and the same shall be enclosed along with the bill for the drawal of study allowance.

Note.─ No allowance of any kind other than the study allowance or the traveling allowance where specially sanctioned under these rules shall be admissible to a Government employee in respect of the period of study leave granted to him. 58.

Grant of study allowance to Government employee in receipt of scholarship or stipend.— A Government employee who is granted study leave may be permitted to receive and retain, in addition to leave salary, any scholarship or stipend that may be awarded to him from a Government or non-Government source.

Such a

Government employee shall ordinarily not be granted any study allowance; but in cases where the net amount of the scholarship or stipend (arrived at by deducting the cost of fees paid by the Government employee, if any, from the value of the scholarship or stipend) is less than the study allowance that would be admissible

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

49

but for the scholarship or stipend, the difference between the value of the net scholarship or stipend and the study allowance may be granted by the leave sanctioning authority. 59.

Grant of study allowance to Government employee who accept part time employment during study leave.— If a Government employee, who is granted study leave, is permitted to receive and retain, in addition to his leave salary, any remuneration in respect of a parttime employment he shall ordinarily not be granted any study allowance, but in cases, where the net amount of remuneration received in respect of the part-time employment (arrived at by deducting from remuneration any cost of fee paid by the Government employees) is less than the study allowance that would be admissible but for the remuneration, the difference between the net remuneration and the study allowance may be granted by the leave sanctioning authority.

60.

Grant of traveling allowance.— An employee sponsored by the Government for a course of studies shall be paid traveling allowance.

61.

Cost of fees for study.— A Government employee granted study leave shall ordinarily be required to meet the cost of fees paid for the study but in exceptional cases the competent authority may sanction the grant of such fees: Provided that in no case shall the cost of fees be paid to a Government employee who is in receipt of scholarship or stipend from whatever source or who is permitted to receive or retain in addition to his leave salary, any remuneration in respect of part-time employment.

62.

Execution of a bond.— If study leave or extension of such leave is granted to a permanent Government employee he shall be required to execute a bond as given in Annexure-3 or Annexure-4, as the case may be annexed to these rules before the study leave or extension of such leave granted to him commences. If study leave or extension of such leave is granted to a temporary Government employee, the bond shall be executed as given in Annexure-5 or Annexure-6, as the case may be annexed to these rules.

63.

Resignation or Retirement after Study leave.— (1)

If a Government employee─ (i)

resigns or retires from service or otherwise quits service without returning to duty or within the stipulated period, on return to duty after

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

50

availing study leave; or (ii)

fails to complete the course of study,

he shall be liable to refund double the amount of leave salary, study allowance, cost of fees travelling and other expenses, if any, incurred by the State Government, and double the actual amount of the cost incurred by other agencies, such as Foreign Governments, Foundations, Trusts, etc., in connection with the course of study, before his resignation is accepted or permission to retire is granted: Provided that, except in the case of employee who fails to complete the course of study, nothing in this rule shall apply to a Government employee who after return to duty from study leave is,— (a)

permitted to retire from service on medical ground; or

(b)

deputed to serve in any organization under the control of the Government and subsequently permitted to resign from service under Haryana Government with a view to his permanent absorption in the said organization in the public interest.

(2)

(a)

The study leave including commuted leave, if any, taken in continuation of study leave shall be converted into leave of the kind due standing at the credit on the date of commencement of study leave.

(b)

Any excess amount of leave salary actually drawn over the leave salary admissible on conversion of study leave including commuted leave, if any, into leave of the kind due shall be required to be

64.

refunded, in addition to the amount to be refunded under sub-rule (1). Counting of study leave for promotion, pension, seniority, leave and increments.— (1) Study leave shall be counted as service for promotion, pension and seniority. It shall also count for increment. (2)

The period spent on study leave shall not count for earning leave other than half pay leave under these rules.

Note.─ Study leave shall be treated as extra leave on half pay and shall not be taken into account in reckoning the aggregate amount of leave on half pay taken by the Government employee onwards the maximum period admissible.

********

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

51

Chapter - XII

Leave Encashment 65.

Leave encashment on the date of retirement or quitting service.— (1)

A Government employee, in addition to leave preparatory to retirement, is entitled to benefit of leave encashment of unutilized earned leave standing at his credit on the date of retirement or quitting service subject to maximum of 300 days, in any one or more of the following circumstances :1.

retirement on superannuation;

2.

compulsorily retirement as a measure of punishment;

3.

voluntary retirement;

4.

premature retirement;

5.

retirement on grounds of invalidation advised by a competent medical authority;

6.

on completion of term of service of re–employment after retirement in a prescribed pay structure;

7.

termination due to retrenchment or abolition of the post, provided the Government employee is not adjusted against any vacancy in any department of Haryana Government;

8.

absorption/adjustment of a Government employee in an organization under any Government including Haryana Government;

9.

subsequent appointment in a department under any Government other than Haryana;

10.

death or disappearance while in service, to the family of the deceased or disappeared Government employee.

Note.─ The total benefit of leave encashment availed from any department or organization under any Government including Haryana Government at one or more of the above said occasions shall not exceed 300 days or upto the limit prescribed from time to time. (2)

In case of resignation from service, leave encashment shall be restricted to the extent of half of earned leave at the credit of Government employee or half of the maximum limit prescribed from time to time, whichever is less.

52

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

66.

Leave encashment in case of death or disappearance of a Government employee.— (1)

In the event of the death of a Government employee while in service or after retirement or after final cessation of duties but before actual receipt of leave encashment payable under these rules, such amount shall be payable to the family.

(2)

In case of disappearance while in service whose whereabouts are not known, the benefit of leave encashment shall also be admissible to the family of missing Government employee after six months from the date of lodging FIR by the family regarding disappearance of Government employee.

67.

Calculation of leave encashment.— (1)

If any increase in pay (actual or notional) and/or dearness allowance is sanctioned by the competent authority with retrospective effect and the employee concerned was eligible for the same on the date of his retirement/quitting service, then the difference between the leave salary already paid and the leave salary admissible according to the new rates of dearness allowance and/or refixed pay, may be paid, notwithstanding the fact that one time settlement had already been made prior to the date of issue of orders regarding increase in pay and dearness allowance.

(2)

Any amount becoming recoverable from a Government employee on account of Government dues, such as overpayment of pay and allowances, travelling allowance, medical reimbursement, loans and advances etc. may be recovered from the amount of leave encashment.

68.

Leave encashment not admissible.— A Government employee dismissed or removed from Government service, shall not be entitled to leave encashment.

69.

Withholding of leave encashment.— The authority competent to sanction leave may withhold whole or part of cash equivalent of leave salary in lieu of unutilized earned leave in the case of a Government employee who retires from service while under suspension or against whom disciplinary or criminal proceedings are pending at the time of retirement or

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

53

quitting service, if in the view of such authority there is a possibility of some money becoming recoverable from him on the conclusion of the proceedings against him. On the conclusion of the proceedings he shall become eligible to the amount so withheld after adjustment of Government dues, if any. In cases where disciplinary or criminal proceedings in case of grave misconduct are likely to result in withholding of pension in full, no amount of leave encashment shall be paid untill conclusion of such proceedings. 70.

Competent authority for sanction of leave encashment.— (1)

Head of Department for Group A and B employees and Head of office for Group C and D employees shall be competent to sanction the leave encashment.

(2)

The sanction order may be issued 15 days prior to the date of retirement on superannuation but the payment in lieu thereof shall be released on the date of retirement. The sanction order in advance shall only facilitate preparation of the bill and clearance thereof from the treasury.

Note.─ Where the departmental or judicial proceedings are pending at the time of retirement or quitting service, the competent authority for sanction of leave encashment of Group A and B employees shall be the Administrative Department and appointing authority in case of Group C and D employees.

********

54

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55

CHAPTER - XIII

Miscellaneous 71.

Leave during the period of re-employment after retirement and extension in service.— On re-employment after retirement on a post in the prescribed pay structure or with fixed salary, the entitlement of leave (including casual leave) shall be at the rate as applicable to fresh entrant. However, during the period of extension, the rate of entitlement of leave applicable prior to extension shall remain continue.

72.

Leave to Probationers.— Except as otherwise provided in these rules or any other rule, during the period of probation, a Government employee is entitled to leave as admissible to a Government employee working on regular basis. If for any reason it is proposed to terminate the services of a probationer, any leave which may be granted to him shall not extend beyond the date on which the original probation period or extended period expires, or any earlier date on which his services are to be terminated by the order of appointing authority. Note.― The probation period shall be extended by the period of leave availed during the probation.

73.

Leave to the Advocate General.— The leave to the Advocate General, Haryana shall be admissible as under:(a)

Leave, on full pay and allowances @ 1/12th of the period spent on duty as Advocate General.

(b)

Leave on medical certificate on half pay @ 20 days in a year.

(c)

Extraordinary leave without any remuneration, subject to a maximum of four months at any one time.

(d)

Leave of the various kinds may be granted in combination upto a maximum of six months only at any one time.

(e)

For the first two years of the appointment, the Advocate General shall not

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56

be entitled to more than one month’s leave, except on medical certificate in any one year. (f)

Casual leave @ 20 days per calendar year.

(g)

The competent authority for grant of leave shall be the Administrative Department concerned.

********

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Chapter - XIV

Casual Leave 74.

Grant of casual leave.— Casual leave is granted for unforeseen and occasional authorized absence from duty for short period. Casual leave is not a regular leave. The Government employee on casual leave is not treated as absent from duty and his pay is not intermitted. It shall not be sanctioned on half pay or without pay.

75.

Sanctioning Authority.— Casual leave to a Government employee may be granted by the authorities empowered below:Head of office

Full powers for the employees under his control, however, his own casual leave shall be sanctioned by next higher authority.

The officer incharge under the― (i) Head of Department at the headquarters. (ii) Head of Office in field offices

Upto four days at a time for the employees serving under him, however, his own casual leave shall be sanctioned by the Head of office.

Note.─ The Head of office may re-delegate the power to any gazetted officer working under him in his office. 76.

Casual leave during the first and last calendar year.— (1)

Casual leave to a Government employee during the calendar year in which he is recruited shall be admissible as under:If service is joined─

(2)

Male

Female

10

20

5

10

1

before 30th June

2

between 30th June September

3

after 30th September

2

5

4

after 30th November

1

2

and

30th

During the last year of quitting service by way of retirement or otherwise the casual leave shall be admissible as under:-

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58

If services is quitted─

(3)

Rate of Casual leave

before 1st July

half of the casual leave in that calendar year

on or after 1st July,

full casual leave in that calendar year

The casual leave during a calendar year other than first and last year of service shall be admissible as under:During a calendar year

Male

1

Upto 10 years of service

10 days

2

After 10 years but less than 20 years’

15 days

service 3

After 20 years’ service

Female

20 days

20 days

Note.― The year during which a Government employee completes 10 or 20 years’ service, he shall be entitled to casual rate at the enhanced rate from that calendar year. 77.

Accounting of casual leave.— The casual leave account shall be maintained annually from the 1st of January to 31st of December in the prescribed form, available at Annexure-2, appended to these rules. All casual leave accounts shall be closed on the 31st December and new accounts opened on the 1st of January every year, irrespective of the fact that a spell of casual leave includes the last few days of December, and the first few days of January. Thus if an official takes leave from the 30 th December, 2016 to 7th January, 2017, the period from 30th and 31st December shall be debited to his leave account for the year 2016 and the period from 1st January to the 7th January, 2017 (except holidays) shall be debited to leave account for the year 2017.

78.

Short Casual leave and late attendance.— Short casual leave and late attendance shall be treated debited to casual leave account as under:Short Casual Leave Up to 2 hours Up to 4 hours

1/3rd day casual leave ½ day casual leave

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

Late attendance─ Up to 2 hours Up to 4 hours After 4 hours

59

1/3rd day casual leave Half day casual leave Full day casual leave.

Note.─ If at the end of calendar year no casual leave is due to a Government employee, the above said short casual leave and period of late attendance shall be debited to earned leave account. 79.

Maximum limit of casual leave and combination of leave.— For taking casual leave, within the limits admissible above, an employee may remain continuously absent from duty for a maximum of 16 days. In this spell he shall be permitted to include holidays which shall not be debited to casual leave account. The total spell, however, should, in no case, exceed 16 days. Where a Government employee desires to take such a spell, permission should not ordinarily be refused although of course the competent authority may adjust the dates on which the spell is taken for administrative convenience. Casual leave shall not be allowed to be combined with other regular leave.

********

60

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61

Chapter - XV

Quarantine Leave and Special Casual Leave 80.

Grant of quarantine leave.— Quarantine leave is absence from duty necessitated by orders not to attend office in consequence of suffering of a Government employee or his family member from an infectious disease. Such leave may be granted by the Head of the office on the certificate of a competent medical authority for a period not exceeding twenty one days, or in exceptional circumstances for thirty days, including holidays. Any leave necessary for quarantine purposes in excess of this period shall be debited to leave of the kind due. Quarantine leave may also be granted, when necessary, in continuation of other kind of leave. Explanation.─ The maximum limits of twenty one and thirty days prescribed in this rule refer to each occasion. Note.─ Cholera, Small-pox, plague, Diphtheria, Typhus and Cerebrospinal Meningitis may be considered as infectious diseases for the purpose of the rule. In the case of chicken-pox, quarantine leave shall not be sanctioned unless the Health Officer responsible considers that because of doubt as to the true nature of the disease, for example small-pox, there is a reason for the grant of such leave. In the case of Government employee stationed in areas under the administration of other States, such other diseases as may have been declared by those Governments as infectious for the purpose of their quarantine leave may also be considered as infectious diseases for the purpose of the rule. Such Government employees shall, however, be eligible for quarantine leave for any of the diseases mentioned above, even though it has not been declared in orders issued by other states concerned to be an infectious disease.

81.

Special Casual leave for donating blood.— One day’s special casual leave for the day of blood donation shall be admissible to Government employee who donates blood voluntarily.

82.

Special casual leave when bitten by a rabid animal.— A Government employee who has been bitten by a rabid animal may be granted special casual leave up to 5 days for anti-rabid treatment subject to production of

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medical certificate of bed rest from the competent medical authority of Government hospital/dispensary only. 83.

Special casual leave in lieu of unavailed joining time.— Where Government employee, transferred from one station to another in public interest, is not allowed to avail of full joining time, the period of joining time not availed of may be treated as a specfial casual leave and he may be permitted to avail of that special casual leave either in the same calendar year if it was not possible to do so, in the next calendar year.

84.

Special casual leave for adopting family welfare programme.— (1)

Male Government employees having not more than two living children, who undergo vasectomy operation in Government hospital under the family welfare programme for the first time may be granted special casual leave not exceeding six working days. If vasectomy operation is undergone for the second time on account of the failure of the first operation, special casual leave not exceeding six days may be granted again on production of a certificate from the medical authority concerned to the effect that the second operation was performed due to the failure of the first operation.

(2)

Female Government employees having not more than two living children, who undergo tubectomy operations in Government hospital, whether puerperal or non-puerperal, shall be granted special casual leave for not exceeding 14 working days. If tubectomy operation is undergone for the second time on account of the failure of the first operation, special casual leave not exceeding 14 working days shall be granted again on production of a medical certificate from the medical authority concerned to the effect that the second operation was performed due to the failure of the first operation.

(3)

Female Government employees having not more than two living children who undergo salpingectomy operation after medical termination of pregnancy (MTP) may be granted special casual leave not exceeding 14 days.

(4)

Male Government employee shall be entitled to special casual leave for three days to look after his wife who undergo gymea sterilization or puerperal sterilization operation.

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63

Note.─ Special casual leave under family welfare programme may also be granted to persons appointed on adhoc basis. 85.

Special casual leave for participation in sports activities.— Special casual leave may be sanctioned by the Head of office for a period not exceeding thirty days in a calendar year for sporting events of Inter-State and International importance such as— (1)

participating in sporting events of inter-state/international importance;

(2)

coaching/administration of teams participating in sporting events of interstate/ international importance;

(3)

attending coaching or training camps under All India Coaching or Training Schemes;

(4)

attending coaching or training camps at the National Institute of Sports, Patiala;

(5)

participating in mountaineering expeditions;

(6)

attending coaching camps in sports organized by National Sports Federation/Sports Boards recognized by All India Council of Sports; and

(7)

participating in trekking expeditions.

Note 1.— The Government employees who are selected for participating in sporting events of interstate/International importance, the period of the actual days on which they participate in the events as also the time spent in travelling to and from such tournaments/meets may be treated as duty. Further, if any pre-participation Coaching camp is held in connection with the above mentioned events and the Government employee is required to attend the same, this period may also be treated as duty. Note 2.— The quantum of special casual leave for a period not exceeding 30 days in a Calendar year allowed to Government employees, for the purposes, indicated at items (3) to (7) above, shall cover also their attending the pre-selection trials/camps connected with sporting events of inter-state/international importance.

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64

86.

Special casual leave to Government employee injured in terrorists violence while on duty.— A Government employee who fall victim to the terrorist violence on duty and is injured, the period spent by him for recovery in hospital and thereafter for rest shall be treated as special casual leave subject to the following conditions that:(i)

the employee concerned shall produce a certificate from the competent civil authority that he has been injured in terrorist action;

(ii)

leave shall be sanctioned only on the recommendation of the medical authority not below the rank of Senior Medical Officer upto first three months and thereafter on the recommendation of the medical board;

(iii)

the authority competent to grant leave shall be the same as is in the case of earned leave;

(iv) 87.

no substitute shall be appointed during the period of this leave.

Special casual leave for attending meetings/conferences of recognized associations.— The office bearers of the recognised associations of Government employees may be allowed special casual leave up to a maximum of five days in a calendar year for participating in executive meetings, conferences and other activities of their associations.

[88.

Special casual leave to differently-abled employees for attending Conference/ Seminar/ Training/ Workshop.— Special Casual leave for not more than 10 days in a calendar year may be granted to differently-abled employees by Head of office for participating in the Conference/ Seminar/ Training/Workshop related to Disability and Development Programmes organized by the— (i) Central Government or State/UT Government and their Institutes/Agencies; (ii) International Agencies like UNO, WHO etc.; or (iii) recognized Universities and Educational Institutions working for persons with disabilities. Note.─ The Government employee availing this leave shall have to submit a certification of participation issued by the competent authority of Organization, Institute or Department, as the case may be.]1

*********

1

Added vide Notification No. 2/15/2017-4FR, Dated : 4th December, 2017

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

Annexures of

Haryana Civil Services (Leave) Rules, 2016

65

66

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

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67

Annexure - 1 (See rule 22)

Application for Leave or for Extension of Leave 1

Name and designation

2

[Level/Pay Scale]1

3

Department (i) Office (ii) Branch

4

Date of birth & date of retirement

5

Kind of leave

6

Rule applicable

7

Period of leave extension of leave

8

Sunday(s) and holiday(s) proposed to be :-

applied

for

or

(i) prefixed (ii) suffixed 9

Purpose of leave/extension of leave

10

Last leave availed:(i) period of leave (ii) kind of leave -

11

Address, contact No. and email ID during the leave period Signature of Applicant (with date) Remarks and/or recommendations of the officer-in-charge. Signature of Officer-in-charge (with date) Designation _______________

1

Substituted vide Notification No. 2/15/2017-4FR, Dated : 4th December, 2017

68

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

For Office Use Certified that ________________ (nature of leave) for ____________ (period) from __________________ to __________________ is admissible under rule ______________________.

Signature (with date) Designation _______________ Orders of the sanctioning authority to grant leave.

Signature (with date) Designation _______________

**********

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69

Annexure - 2 (See rule 77)

Form of Casual Leave Account Casual leave account for the calendar year ______________ Name of officials Designation Date of joining Date of Number of Period Casual Casual Balance Restricted Signature leave holiday/ of leave submission days for admissible of availed compensatory branch which leave From during the leave availed, incharge application has been To year if any sanctioned

1

2

3

4

5

6

7

8

Remarks

9

Signature of Branch Officer **********

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70

Annexure - 3 (See rule 62)

Bond for Study Leave Bond for Permanent Government employees proceeding on study leave under the study leave rules KNOW ALL MEN BY THESE PRESENTS THAT I, _________________ resident of __________________________ in the district of ______________ at present employed as _______________________ in the department/office of ____________________________________ do hereby bind myself and my heirs, executors and administrators to pay the Governor of Haryana (herein after called the “Government”) on demand the sum of Rs. ________________ (Rupees ________________________________ only) i.e. double the amount of leave salary, study allowance, cost of fees travelling and other expenses, if any, incurred by the State Government, and double of the actual amount of the cost incurred by other agencies, such as Foreign Governments, Foundations, Trusts, etc., in connection with the course of study or, if payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all cost between attorney and client

and all

charges and expenses that shall or may have been incurred by the Government. WHEREAS I, __________________________ am granted study leave by Government. AND WHEREAS for the better protection of the Government I have agreed to execute this Bond with such condition as hereunder is written: NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my failing to resume duty, or resigning or retiring from service or otherwise quitting service without returning to duty after the expiry or termination of the period of study leave or failing to complete the course of study or at any time within a period of three years after my return to duty, I shall

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

71

forthwith pay to the Government or as may be directed by the Government, on demand the said sum of Rs. _____________ (Rupees __________________ _______________only) i.e. double the amount of leave salary, study allowance, cost of fees travelling and other expenses, if any, incurred by the State Government, and double of the actual amount of the cost incurred by other agencies, such as Foreign Governments, Foundations, Trusts, etc., in connection with the course of study. AND upon my making such payment, the above written obligations shall be void and of no effect, otherwise it shall be and remain in full force and virtue. The Bond shall in all respects be governed by the laws of India for the time being in force and the right and liabilities hereunder shall, where necessary, be accordingly determined by the appropriate courts in India. Signed and dated this ____________day ____________ two thousand and __________________. Signed and delivered by _____________________ in the presence of __________________________ Witnesses: (1)

_____________________

(2)

_____________________ ACCEPTED

for and on behalf of the Governor of Haryana ************

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72

Annexure - 4 (See rule 62)

(Bond for Permanent Government employees granted extension of study leave) KNOW ALL MEN BY THESE PRESENTS THAT I, _________________ resident of _____________________ in the district of ________________ at present employed as _______________________ in the department/office of _________________________________ do hereby bind myself and my heirs, executors and administrators to pay the Governor of Haryana (herein after called the “Government”) on demand the sum of Rs. ________________ (Rupees ________________________________ only) i.e. double the amount of leave salary, study allowance, cost of fees travelling and other expenses, if any, incurred by the State Government, and double of the actual amount of the cost incurred by other agencies, such as Foreign Governments, Foundations, Trusts, etc., in connection with the course of study or, if payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all cost between attorney and client

and all

charges and expenses that shall or may have been incurred by the Government. WHEREAS I,___________________________ was granted study leave by Government for the period from _______________ to ______________ in consideration of which I executed a bond, dated ___________________, for Rs. ___________(Rupees _____________________________ only) in favour of Government of Haryana. AND WHEREAS the extension of study leave has been granted to me at my request until ________________________. AND WHEREAS for the better protection of the Government I have agreed to execute this bond with such conditions as hereunder are written. NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my failing to resume duty, or resigning or retiring from service or

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

73

otherwise quitting service without returning to duty after the expiry or termination of the period of study leave so extended or failing to complete the course of study or at any time within a period of three years after my return to duty, I shall forthwith pay to the Government or as may be directed by the Government, on demand the said sum of Rs. ________________ (Rupees ________________________________ only) i.e. double the amount of leave salary, study allowance, cost of fees travelling and other expenses, if any, incurred by the State Government, and double of the actual amount of the cost incurred by other agencies, such as Foreign Governments, Foundations, Trusts, etc. in connection with the course of study. AND upon my making such payment the above written obligation shall be void and of no effect, otherwise it shall be and remain in full force and virtue. The Bond shall in all respects be governed by the laws of India for the time being in force and the rights and liabilities hereunder shall, where necessary, be accordingly determined by the appropriate courts in India. Signed and dated this ____________day ____________ two thousand and __________________. Signed and delivered by _____________________ in the presence of __________________________ Witnesses: (1)

_____________________

(2)

_____________________ ACCEPTED

for and on behalf of the Governor of Haryana ************

74

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

Annexure - 5 (See rule 62)

(Bond for Temporary Government employees proceeding on study leave under the study leave rules) KNOW ALL MEN BY THESE PRESENTS THAT WE, _______________ residents of __________________________ in the district of _____________ at present employed as _______________________ in the Department/Office of ________________________________ (hereinafter called “the Obligor”) and Shri/Smt./Km____________________ son/daughter of ___________________ of ___________________________ and Sh./Smt./Km __________________ son/daughter of _________________ of _________________ (hereinafter called “the Sureties”) do hereby jointly and severally bind ourselves and our respective heirs, executors and administrators to pay to the Governor of Haryana (hereinafter called the Government ) on demand the sum of Rs. ______________ (Rupees_________________________________ only) i.e. double the amount of leave salary, study allowance, cost of fees travelling and other expenses, if any, incurred by the State Government, and double of the actual amount of the cost incurred by other agencies, such as Foreign Governments, Foundations, Trusts, etc., in connection with the course of study or, if payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all cost between attorney and client and all charges and expenses that shall or may have been incurred by the Government. WHEREAS the Obligor is granted study leave by the Government: AND WHEREAS for the better protection of the Government, the Obliger has agreed to execute this Bond with such condition as hereunder is written: AND WHEREAS the said Sureties have agreed to execute this Bond as Sureties on behalf of the above bounden___________________. NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the Obligor Shri/Smt./Km_____________________failing

HARYANA CIVIL SERVICES (LEAVE) RULES, 2016

75

to resume duty, or resigning from service or otherwise quitting service without returning to duty after the expiry or termination of the period of study leave or failing to complete the course of study or at any time within the stipulated period after his return to duty the Obligor and the Sureties shall forthwith pay to the Government or as may be directed by the Government, on demand the said sum of Rs. _______________ (Rupees________________________________ only) i.e. double the amount of leave salary, study allowance, cost of fees travelling and other expenses, if any, incurred by the State Government, and double of the actual amount of the cost incurred by other agencies, such as Foreign Governments, Foundations, Trusts, etc., in connection with the course of study. And upon the obligor Sh./Smt./Km. _______________________ and/or Sh./Smt./Km.____________________and/or Sh./Smt./Km.________________ the sureties aforesaid making such payment, the above written obligations shall be void and of no effect, otherwise it shall be and remain in full force and virtue. PROVIDED ALWAYS that the liabilities of the Sureties hereunder shall not be impaired or discharged by reason of time being granted or by any forbearance, act or omission of the Government or any person authorized by them (whether with or without the consent or knowledge of the Sureties) nor shall it be necessary, for the Government to sue the Obligor before suing the Sureties Sh./Smt./Km. _______________ and/or Sh./Smt./Km. _____________ or any of them for amounts due hereunder. This Bond shall in all respects be governed by the laws of India for the time being in force and the rights and liabilities hereunder shall, where necessary, be accordingly determined by the appropriate courts in India. Signed and dated this ___________day of ___________ two thousand and ___________________. Signed and delivered by the Obligor above named Shri/Smt./Km. ______________________

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76

in the presence of ______________________________ Witnesses:

(1) _______________________ (2) _______________________

Signed and dated this _______________day of ______________ two thousand and _____________________. Signed and delivered by the Sureties above named (1)

Shri/Smt./Km. __________________________

(2)

Shri/Smt./Km. __________________________

in the presence of __________________________________ Witnesses:

(1) _______________________ (2) _______________________

ACCEPTED

for and on behalf of the Governor of Haryana. **************

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77

Annexure - 6 (See rule 62)

(Bond for Temporary Government employees granted extension of study leave) KNOW ALL MEN BY THESE PRESENTS THAT WE, _______________ residents of ________________________ in the district of _______________ at present employed as _______________________ in the department/office of ________________________________ (hereinafter called “the Obligor”) and Shri/Smt./Km

___________________

_______________________

of

son/daughter

of

___________________________

and

Sh./Smt./Km ______________________ son/daughter of _________________ of _________________ (hereinafter called “the Sureties”) do hereby jointly and severally bind ourselves and our respective heirs, executors and administrators to pay to the Governor of Haryana (hereinafter called the Government) on demand

the

sum

of

Rs. ______________(Rupees___________________________________ only) i.e. double the amount of leave salary, study allowance, cost of fees travelling and other expenses, if any, incurred by the State Government, and double of the actual amount of the cost incurred by other agencies, such as Foreign Governments, Foundations, Trusts, etc., in connection with the course of study or, if payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all cost between attorney and client and all charges and expenses that shall or may have been incurred by the Government. WHEREAS the Obligor was granted study leave by Government for the period from _______________ to ______________ in consideration of which he

executed

a

bond,

dated

_________________,

for

Rs.

___________________(Rupees _____________________________________ only) in favour of Government of Haryana. AND WHEREAS the extension of study leave was granted to the Obligor at his request until ___________________.

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78

AND WHEREAS for the better protection of the Government, the Obligor has agreed to execute this Bond with such condition as hereunder is written: AND WHEREAS the said Sureties have agreed to execute this Bond as Sureties on behalf of the above bounden___________________. NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the Obligor Shri/Smt./Km___________________ failing to resume duty, or resigning from service or otherwise quitting service without returning to duty after the expiry or termination of the period of study leave or failing to complete the course of study or at any time within the stipulated period after his return to duty the Obligor and the sureties shall forthwith pay to the Government or as may be directed by the Government, on demand the said sum of Rs. ______________ (Rupees_________________________________ only) i.e. double the amount of leave salary, study allowance, cost of fees travelling and other expenses, if any, incurred by the State Government, and double of the actual amount of the cost incurred by other agencies, such as Foreign Governments, Foundations, Trusts, etc., in connection with the course of study. And upon the Obligor Sh./Smt./Km________________________ and, or Sh./Smt./Km __________________ and, or Sh./Smt./Km. _________________ the Sureties aforesaid making such payment the above written obligation shall be void and of no effect, otherwise it shall be and remain in full force and virtue: PROVIDED ALWAYS that the liabilities of the Sureties hereunder shall not be impaired or discharged by reason of time being granted or by any forbearance, act or omission of the Government or any person authorized by them (whether with or without the consent or knowledge of the Sureties) nor shall it be necessary, for the Government to sue the Obligor before suing the Sureties Shri/Smt./Km.________________and Shri/Smt./Km.______________ or any of them for amounts due hereunder.

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79

This Bond shall in all respects be governed by the laws of India for the time being in force and the rights and liabilities hereunder shall, where necessary, be accordingly determined by the appropriate courts in India. Signed and dated this ___________day of ____________ two thousand and ___________________. Signed and delivered by the Obligor above named Shri/Smt./Km. _______________________ in the presence of _______________________________ Witnesses:

(1) _____________________ (2) _____________________

Signed and dated this ___________day of ____________ two thousand and ___________________. Signed and delivered by the Sureties above named (1)

Shri/Smt./Km. __________________________

(2)

Shri/Smt./Km. __________________________

in the presence of _______________________________ Witnesses:

(1) _____________________ (2) _____________________ ACCEPTED

for and on behalf of the Governor of Haryana.

*********