Guidelines under rule 7(2) of AIS(Leave) Rules 1955 – Dopt order 2015

F.No. 11019/05/2015-AIS-III

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

New Delhi dated the 3rd Nov, 2015

The Chief Secretaries of all the States/UTs

Subject:- Instructions / guidelines under rule 7(2) of AIS(Leave) Rules 1955 to process deemed resignation for being unauthorisedly absent after expiry of Leave / Study Leave/ Foreign Assignment etc.

Sir/Madam,

The following procedure shall be followed in the cases of unauthorized absence and to initiate proceedings of deemed resignation under rule 7(2) of AIS(Leave) Rules 1955:-

(a) A Member of Service (MoS), if remains unauthorisedly absent after the sanctioned period of leave / study leave / tenure of Foreign Assignment as prescribed under rule 7(2) of AIS(Leave)Rules, 1955, there shall be a one month waiting period after the end of leave period / tenure of foreign assignment etc. After that the concerned State Government shall issue a show cause notice, thereby giving an opportunity to the MoS to explain his / her case. Thereafter, if the MoS does not return to duty, the State Government concerned shall initiate proceedings of deemed resignation under rule 7(2) of AIS(Leave) Rules 1955 and forward a complete proposal to the Central Government for effecting deemed resignation within next two months. If the State Government fails to comply with these instructions and does not adhere to the aforesaid timeline, the Central Government shall initiate proceedings of deemed resignation under rule 7(2) of AIS(Leave) Rules 1955 on its own. The term ‘Central Government’ means the concerned Cadre Controlling Authority, i.e. Department of Personnel & Training for IAS officers, Ministry of Home Affairs for IPS officer and Ministry of Environment, Forest & Climate Change for IFS officers respectively.

(b) However, there is no bar in issuing show cause notice and seek clarification from MoS for being unauthorisedly absent any time during one year period of unauthorised absence or as otherwise provided under rule 7(2)(a) & (b) respectively. But after period of one year of unauthorised absence or as otherwise provided under rule 7(2)(a) & (b) respectively, the whole process of deemed resignation shall be completed within three months as prescribed above.

2. The above instructions / guidelines may please be brought to the notice of all the concerned authorities under your administrative control for strict compliance.

3. This issues with the approval of Competent Authority.

Yours faithfully,

Sd/-

(Diwakar Nath Misra)

Director(Services)

Source: www.persmin.gov.in

Read More »

Classification of posts in the CCS (Leave) Rules, 1972 — Clarification Reg.

No. 13026/3/2012-Estt(L)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Old JNU Campus, New Delhi 110 067

Dated: 09.03.2015

OFFICE MEMORANDUM

Subject: Classification of posts in the CCS (Leave) Rules, 1972 — Clarification Reg.

The undersigned is directed to refer to this Department’s Notification No. 21/2/75-Estt.(D) dated 11.11.1975 reclassifying the posts under the Central Government as Group ‘A’, ‘B’, ‘C’ &’`D’ in place of Class "I" ‘II’, ‘III’ & ‘IV’ and to state that wherever the old nomenclature of Class ‘I’,II’, ‘III’ & ‘IV’ are mentioned in the CCS (Leave) Rules, 1972, the same may be read as Group ‘A, ‘B’,’C’ & ‘D’,-respectively.

Sd/-

(Mukul Ratra)

Director

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_3_2012-Estt.L-09032015.pdf

Read More »

Amendment in CCS Leave Rules for Disabled Persons – Dopt Orders

No.18017/1/2014-Estt(L)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

New Delhi, the 25th February, 2015

Subject: Amendment to Central Civil Service (Leave) Rules, 1972 – Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995 (PWD Act 1995)-regarding

The Central Civil Services (Leave) Rules, 1972 were amended vide the Department of Personnel and Training Notification No.13026/1/2002-Estt(L) dated the 15/16th January, 2004 consequent to the Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995 (PWD Act 1995) which came into force from 7th February, 1996.

2. Section 47 of the PWD Act, 1995 provides that services of no employee can be terminated nor can he be reduced in rank in case the employee has acquired a disability during his service. The first proviso to the Section 47 lays down that if such an employee is not suitable for the post he was holding, he could be shifted to some other post. However, his pay and service benefits would be protected. The second proviso provides that if it is not possible to adjust such an employee against any post, he would be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. Further, the Clause (2) of Section 47 provides that no promotion shall be denied to a person merely on ground of his disability. In Kunal Singh v. Union of India, [2003] 4 SCC 524, Hon’ble Supreme Court has observed that the very frame and contents of Section 47 of the PWD Act, 1995 clearly indicate its mandatory nature.

3. The issues relating to leave or absence of Government servants who have acquired a disability while in service are required to be dealt with in the light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995. The case of a disabled government servant who is declared fit to resume duty but who may not able to perform the duties of the post he was holding earlier may be dealt with as per the first proviso to Section 47 of the PWD Act, 1995. The second proviso shall apply if it is not possible to adjust him against any existing post. In all such cases, the Government servant so adjusted shall be entitled to the pay scale and other service benefits attached to the post he was holding.

4. A disabled Government servant who is not fit to return to duty shall be adjusted as per second proviso to the Section 47 mentioned above, until he is declared fit to resume duty or attains the age of superannuation whichever is earlier, with the same pay scale and service benefits. On being declared fit for resuming duty, the Government servant who is not fit for the post he is holding, may be adjusted as per the first proviso to Section 47.

5. Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 12 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

6. For a government servant who is unable to submit an application or medical certificate on account of disability, an application/medical certificate submitted by a family member may be accepted. The provisions relating to examination of disabled Government servants and the Medical Authorities competent to issue such certificates are also being amended.

7. Necessary amendments to the Central Civil Services (Leave) Rules, 1972 are being notified separately.

Sd/-

(Mukesh Chaturvedi)

Director

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18017_1_2014-Estt.L-25022015.pdf

Read More »

Clarification on reckoning of period of “Dies non” while & granting ACP / MACP to officials.

File No.4-7/ (MACPS)/ 2009-PCC

Ministry of Communications & IT

Government of India

Department of Posts

Pay Commission Cell

Dak Bhawan, Sansad Marg,

New Delhi-110001

Dated 24 Dec 2013.

To,
All Head of Circles,
All Postmaster Generals,
All Directors of Accounts

Sub: – Clarification on reckoning of period of “Dies non” while & granting ACP / MACP to officials.

The issue of counting the period of “Dies non” for the purpose of ACP / MACP was raised in JCM (DC). The issue was examined in consultation with DoPT. The Nodal Department has clarified the issue vide DOFF ID NO. 78961/13/CR dated 14.11.13 as below:-

“Regular service for the purpose of grant of financial upgradations under MACPS includes all period spent, on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority. In terms of Government of India decisions relating to ” Treatment of willful absence from duty given under Rule 25 (leave) of CCS (Leave) Wes, 1973, the period of absence not covered by grant of leave shall have to be treated as “dies non” for all purpose, viz increment, leave and pension. Though the.period of dies non does not constitute break in service, but only the day (s) treated as dies non are not counted as duty for any purpose. Dies non is only a concession for permitting the beneficiary thereof to have subsequent service in continuation of the period of service before the beneficiary proceeded on unauthorized. absence.

“Accordingly, it is clarified that dies non period will not be counted as regular service for the purpose of grant of financial upgradation under ACP/MACP Schemes”.

2. Contents of this letter may please be circulated to all concerned.

Sd/-

(Surinder Kumar)

Assistant Director General (GDS/PCC)

Source: NFPE

Read More »

Timely payment of dues of encashment of leave to Government servants retiring on attaining the age of superannuation - need to obviate delays in payment of such dues – regarding.

No. 18019/6/2013-Estt(L)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, the 21st October, 2013

OFFICE MEMORANDUM

Subject: Timely payment of dues of encashment of leave to Government servants retiring on attaining the age of superannuation - need to obviate delays in payment of such dues – regarding.

   The undersigned is directed to state that in terms of the provisions of rule 39 of the CCS(Leave) Rules, 1972, the authority competent to grant leave is suo mote required to issue an order granting cash equivalent of leave salary for both earned leave and half pay leave, if any, at the credit of the Government servant on the date of his retirement, subject to the prescribed limits.

Read More »

Consolidated instructions relating to action warranted against Government servants remaining away from duty without - authorisation/grant of leave — Rule position.

No. 13026/3/2012-Estt (Leave)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)

New Delhi, the 28th March, 2013.

OFFICE MEMORANDUM

Subject:- Consolidated instructions relating to action warranted against Government servants remaining away from duty without - authorization/grant of leave — Rule position

   The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularization of unauthorized absence. It has been observed that due seriousness is not being accorded by the administrative authorities to the various rule provisions, inter alia under the CCS(Leave) Rules, 1972, for taking immediate and appropriate action against Government servants staying away from duty without prior sanction of leave or overstaying the periods of sanctioned leave. It is reiterated that such absence is unauthorized and warrants prompt and stringent action as per rules. It has been observed that concerned administrative authorities do not follow the prescribed procedure for dealing with such unauthorized absence.

Read More »

Clarification regarding availing of Restricted Holiday.

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt-110010

CIRCULAR

No. AN/XIV/19404/Leave Matters/Vol-II

Dated: 19/11/2012

To
All PCsDA/CsDA/IFAs
PCof A(Fys) Kolkata
(through CGDA Mail server)

Subject:    Clarification regarding availing of Restricted Holiday.

   A doubt has been raised by one of the Controller’s office regarding mid fix of RH between Casual leave and regular leave. The matter has been examined with reference to provisions laid down under GOI’s decision No. 2 read with Rule 22 and Rule 11 of CCS Leave Rules and it is clarified that :-

Read More »

CCS (JOINING TIME) RULES Latest DoPT Order 2012

CCS (JOINING TIME) RULES 

   In exercise of the powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:—

1. Preliminary

   (1) These rules may be called the Central Civil Services (Joining Time) Rules, 1979.

   (2) They shall come into force on the date of issue of this Notification and shall apply to transfers effected on/or after that date.

   (3) These rules shall apply to all Government servants appointed in Civil Services and posts under the Central Government including work-charged staff but shall not apply to -

      (a) Railway employees,

     (b) Armed Forces Personnel and those paid from the Defence Services Estimates,

    (c) Government servants engaged on contract and those who are not in whole-time employment of Government.

Read More »

AIS(LTC) Rules, 1975 — application of relaxation under CCS Rules to visit North Eastern States and J&K in lieu of one LTC(Home Town) - reg.

No.11022/2/2008-AIS-11
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110001
Dated, the 29th  June, 2012.

To
The Chief Secretaries of all the
State Governments and UTs.

Subject: -  AIS(LTC) Rules, 1975 — application of relaxation under CCS Rules to visit North Eastern States and J&K in lieu of one LTC(Home  Town) - reg.

Read More »

CCS(Leave) (Second Amendment) Rules, 2012.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRA ORDINARY, PART II,
SECTION-3, SUB-SECTION (i) ]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, the 28th March, 2012.

NOTIFICATION

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

Read More »

CCS(Leave) (Amendment) Rules. 2012.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION-3, SUB-SECTION (i) 1

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Notification

New Delhi, the 28th March, 2012.

   GSR....... 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 the 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:-

Read More »

Leave-Frequently asked Question

Department of Personnel & Training

Estt (Leave) Section

Read More »

CCS (Leave) (Fifth 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, 27.12.2011.

   G.S.R.... In exercise of the powers conferred by the proviso to article 302 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit Accounts Department, the President hereby make the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely :-

Read More »

CCS (Leave) (Fourth Amendment) Rules, 2011.

(TO BE PUBLISHED IN THL 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 27th 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. (I) These rules may be called the Central Civil Services (Leave) (Fourth Amendment) Rules, 2011.

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

   2. For rule 43-C of the Central Civil Services (Leave) Rules, 1972, the following rule shall be substituted, namely:

Read More »

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

Read More »