CCS (Leave) (Third Amendment) Rules, 2011

(TO BE PUBLISHED IN THE GAZETTE OF INDIA. EXTRAORDINARY.

PART II. SECTION-3, SUB-SECTION (i))

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

NOTIFICATION

New Delhi. the ;26th August. 2011.

   G.S.R - In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules. 1972. namely: -

1. (1) These rules may he called the Central Civil Services (Leave) (Third Amendment) Rules. 2011.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. For rule 38-A of the Central Civil Services (Leave) Rules. 1972, the following rule shall he substituted, namely:-

"38-A. Encashment of Earned Leave along with Leave Travel Concession while in service.

(1) A Government servant may he permitted to encash earned leave up to ten days at the time of availing of Leave Travel Concession while in service, subject to the conditions that -

(a) a balance of atleast thirty days of earned leave is available to his credit after taking into account the period of encashment as well as leave being availed of:

(b) the total leave so encashed during the entire career does not exceed sixty days in the aggregate;

(2) The cash equivalent for encashment of leave under sub-rule (1) shell be calculated as follows. namely:-

Cash            Pay admissible on the date of      Number of days of earned
equivalent    availing of the Leave Travel       leave being encashed subject
=                Concession plus Dearness +      to the maximum of ten days
                   Allowance admissible on that    at one time.

(3) No House Rent Allowance shall be included in the cash equivalent calculated under sub-rule (2);

(4) The period of earned leave encashed shall not be deducted from the quantum of leave that can normally be encashed by the Government Servant under rules 6. 39, 39-A, 39-B, 39-C and 39-D:

   (5) If the Government Servant fails to avail the Leave Travel Concession within the time prescribed under the Central Civil Services (Leave Travel Concession) Rules, 1988, then he shall be required to refund the entire amount of leave so encashed alongwith interest at the rate of two percent above the rate of interest allowed by the Government as applicable to Provident Fund balances and shall also be entitled for credit back of leave so debited for leave encashment.

sd/-

(Mamta Kundra)

Joint Secretary to the Government of India

Foot note:-The principal rules were published vide number S.O. 940, dated the 8th April.1972 and was last amended vide Notification No. G.S.R. dated.....

Source; persmin.nic.in