3. ∗ THE ALL INDIA SERVICES (LEAVE) RULES, 1955

3 · ∗ THE ALL INDIA SERVICES (LEAVE) RULES, 1955

1 · 1 . Short title—These rules may be called the All India Services (Leave) Rules, 1955.

2 · (d) ‘earned leave’ means leave earned under rule 10;

2 · (e) 'earned leave due ' means the amount of earned leave to the credit of a member of the Service on the date on which he became subject to these rules calculated in accordance with the Government rule by which he was governed immediately before that date plus the amount of earned leave calculated as prescribed in rule 10 diminished by the amount of earned leave taken after the date on which he became subject to these rules;

2 · (f) 'foreign service' means service where a member of the Service receives his pay with the sanction of the Government from any source other than the Consolidated Fund of India or the Consolidated Fund of any State;

2 · (g) ‘Government’ means :

1 · Notification No. 5/2/53-AIS(II) dated 12.09.55 (GSR No. 1979 dt. 17.09.55)

2 · Provided that in the case of a member of the Service who is granted leave on expiry of his deputation to the Central Government, another State Government or Foreign Service, "Government" shall also include the Government of the State on whose cadre he is borne.

2 · (i) 'half pay leave due' means the amount of half pay leave to the credit of member of the Service on the date on which he became subject to these rules calculated in accordance with the Government rules by which he was governed immediately before that date plus the amount of half pay leave calculated as prescribed in rule 12 diminished by the amount of half pay leave including twice the amount of commuted leave taken under these rules;

2 · (j) 'joining time' means the time allowed to a member of the Service in which to join a new post or to travel to or from station to which he is posted;

2 · (l) 'leave salary' means the monthly amount admissible to a member of the Service who has been granted leave under these rules;

3 · 2(m) 'member of the service' means a member of "an All-India Service" as defined in Section 2 of the All-India Service Act, 1951 (61 of 1951)

3 · Right of leave—3 (1) Leave cannot be claimed as of right and when the exigencies of public service so demand, leave of any description may be refused or revoked by the Government.

4 · Earning of leave—Except as otherwise provided in these rules, leave shall be earned by duty only.

2 · Inserted vide M.H.A. Notification No. 14/2/68-AIS(III) dated 05.09.1968 (GSR No.1562 dt.14.09.1968.)

3 · Substituted vide MHA Notification No. 14/9/66-AIS(III) dated 19.10.1966 (GSR No.1633 dt.29.10.1966.).

5 · Commencement and termination of leave—Leave ordinarily begins on the day on which a transfer of charge is effected and ends on the day preceding that on which such charge is resumed. Where joining time is allowed to a member of the Service returning from leave out of India, the last day of his leave is the day before the arrival at his moorings or anchorage in the port of debarkation on which the aircraft in which he returns, arrives at its first regular port in India:

6 · Return to duty on expiry of leave—Except with the permission of the authority which granted him leave, no member of the Service on leave may return to duty before the expiry of the period of leave granted to him.

7 · Maximum period of absence from duty—(1) No member of the Service shall be granted leave of any kind for a continuous period exceeding five years.

4 · (2) A member of the Service shall be deemed to have resigned from the service if he -

8 · Combination of leave—Except as otherwise provided in these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.

9 · Grant of leave beyond the date of retirement

5 · 9(1) No leave shall be granted to a member of the Service beyond the date on which he retires from service under Rule 16 of the All India Services (Death cum Retirement Benefits) Rules, 1958.

6 · 9(2)

7 · 9(3)

8 · 9(4) The Government shall suo motu sanction to a member of the Service who is deemed to have retired from service under sub-rule (1) of rule 5A of the All India Services (Death-um-Retirement Benefits) Rules, 1958, the cash equivalent of leave salary in respect of the period of earned leave at his credit on the deemed date of his retirement to the

4 · Substituted by DO&T Notification No.11019/15/2003-AIS-III dated 19.10.2004 (GSR No.373, dt. 30.10.2004 and Notification No.11019/15/2003-AIS-III dated 19.03.2007 (GSR No.207E dated 19.03.2007)

7 · Deleted vide DP&AR Notification No. 19/40/77-AIS(III) dt. 12.02.1979 (GSR No. 366 dated 10.03.1979).

6 · Deleted vide Notification No. 11019/25/81-AIS(III) dated 03.02.1984 (GSR No. 163, dated 18.02.1984)

8 · Substituted vide DP&AR Notification No. 11019/10/86-AIS(III) dated 14.05.1987 (GSR No.406 dt. 30.05.1987)

9 · 9(5)

10 · Rate and amount of earned leave —

10 · 10(1)(a) The leave account of a member of the Service shall be credited with 30 days earned leave in calendar year. This shall be done in advance in two instalments of 15 days each on the 1st of January and July, every year:

11 · Provided that the leave account of a member of the Service working in the North East or who goes on inter-cadre deputation to a North Eastern State shall be credited 40 days earned leave in calendar year. This shall be done in advance in two instalments of 20 days each on the 1 st of January and July, every year.

12 · Provided that earned leave shall be credited to the leave account at the rate of 3-1/3 days for each completed calendar month of service for a member of the Service working in the North East or on intercadre deputation to a North Eastern State.

13 · Provided that the credit for the half year in which a member of the Service working in the North East or on inter-cadre deputation to a North Eastern State is due to retire or resign from service shall be afforded at the rate of 3-1/3 days for each completed calendar month.

9 · Deleted vide DP&AR Notification No. 11019/5/76-AIS(III) dated 20.06.1977 (GSR No. 815 dt 25.06.1977.)

11 · Inserted vide DOP&T Notification No.11019/17/2005-AIS-III dated 19.03.2007(GSR No.208E dated 19.03.2007)

10 · Substituted vide DOP&T Notification No. 11019/6/97-AIS(III) dt. 03.03.1998 (GSR No. 60 dt. 14.03.1998)

12 · ibid note 11

13 · ibid note 11

14 · Provided that when a member of the Service working in the North East or on inter-cadre deputation to a North Eastern State is removed or dismissed from the service, credit of earned leave shall be allowed at the rate of 3-1/3 days for each calendar month

15 · 10(1)(g) When a member of the Service joins a new post without availing full joining time by reason that—

16 · [Note: For the provisos in clauses (a), (d), (e), (f), in sub-rule(1), "North East" or "North Eastern State" shall mean North East cadres of Assam-Meghalaya, Manipur-Tripura, Nagaland and Sikkim.]

18 · Maximum Leave Admissible at a time —

14 · ibid note 11

15 · Substituted vide DP&AR Notification No. 11019/5/76-AIS(III) dated 14.05.1977, inserted vide Notification No. 11019/4/88-AIS(III) dated 08.01.1990 (GSR No. 45, dt. 27.01.1990)

17 · Substituted vide DP&AR Not. No. 11019/5/76-AIS(III) dated 20.06.1977 (GSR No. 815 dt.25.06.1977)

16 · Inserted vide DOP&T Notification No.11019/17/2005-AIS-III dated 19.03.2007(GSR No.208E dated 19.03.2007)

18 · Substituted vide Not. No. 11019/6/91-AIS(III) dated 03.05.1993 (GSR No. 252 dt. 22.05.1993)

20 · Provided that earned leave granted as preparatory to retirement shall be subject to a maximum of 300 21 days.

12 · Half pay leave —

23 · 12(1) The half pay leave account of every member of Service shall subject to the provisions of sub-rule (2), be credited with half pay leave in advance in two instalments of ten days each on the first day of January and July of every calendar year.

13 · Commuted Leave —

24 · 13(1)Commuted leave not exceeding half the amount of half pay leave due may be granted on medical certificate to a member of the Service subject to the condition that twice the amount of such leave shall be debitable to the half pay leave due.

19 · Inserted vide DOP&T Not.No.11019/6/97-AIS(III) dated 03.03.1998(GSR No. 60 dt . 25.06.1977)

20 · ibid note 19

21 · ibid note 19

22 · The words Daman, Diu & Goa omitted vide M.H.A Not. No. 14/1/69-AIS(III), dated 13.05.1970 (GSR No.815 dt. 23.05.1970)

24 · Inserted/deleted/modified vide DP&AR Notification No. 1/9/74-AIS(III) dated 10.06.1975 (GSR No. 754, dt. 21.06.1975) effective from 01.11.1973 & DP&AR Notification No. 11019/13/77-AIS(III) dated 01.07.1977. (GSR No.431E, dt. 01.06.1977.)

23 · Substituted vide DOP&T Not.No.11019/16/85-AIS(III) dt. 26.5.1986. (GSR No. 411 dt. 07.06.1986)

25 · 13(4)Where a member of the Service who has been granted commuted leave resigns from service or, at his request, is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the difference between leave salary in respect of commuted leave and half pay leave shall be recovered:

15 · Extraordinary Leave—

15 · (1) Subject to the provisions of rule 7, extraordinary leave may be granted to a member of the Service in the following special circumstances, that is to say—

15 · (1) (a) When no other kind of leave is admissible, or

15 · (1) (b) When any other kind of leave is admissible but the member of the Service applies in writing for the grant of extraordinary leave.

15 · (2) Government may retrospectively convert periods of absence without leave into extraordinary leave even when any other kind of leave was admissible at the time when absence without leave commenced.

15 · (3) Extraordinary leave shall not be debited to the leave account.

25 · Inserted vide Notification No. 11019/24/81-AIS(III) dt. 13.04.1983 (GSR No. 338, dt. 30.04.1983)

26 · Deleted vide Notification No. 11019/11/88-AIS(III), dt. 29.03.1989. (GSR No.397E, dt. 29.03.1989)

16 · (1) Special disability leave, which may be combined with leave of any other kind, may be granted to a member of the Service under such conditions as may be prescribed in the regulations made in this behalf by the Central Government in consultation with the State Governments concerned.

16 · (2) Such leave shall not be debited to the leave account except as provided in sub-rule (6) of rule 20.

16 · (3) Such leave may be granted on more than one occasion if the disability is aggravated or reproduced in similar circumstances on a later date but not more than twenty-four months of such leave in all shall be granted in consequence of any one disability.

16 · (4) When a member of the Service suffers an injury while on service under the Armed Forces, any period of leave granted under the leave rules applicable in the Armed Forces in respect of that injury shall be treated as leave granted under this rule.

17 · Study Leave—

17 · (1) Study Leave may be granted to a member of the Service on such terms as may be prescribed in the regulations made in this behalf by the Central Government in consultation with the State Governments concerned to enable him to undergo, in India or out of India, a special course of study or instructions approved by the Government in public interest.

17 · (2) Such leave shall not be debited to the leave account.

18 · Maternity leave—

27 · 18(1) Maternity leave may be granted to a woman member of the Service with less than two surviving children on full pay up to a period of 180* days from the date of its commencement. During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

18 · (2) Such leave shall not be debited to the leave account .

18 · (3) Maternity leave may be combined with leave of any other kind. Notwithstanding the requirement of production of medical certificate contained in rule 13 and rule 14, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two year*, may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).

28 · 18(A) Leave to a female member of Service on adoption of child— (1) A female member of the Service with less than two surviving children, on valid adoption of a child below the age of one year, may be granted child adoption leave for a period of 180 days immediately after the date of such adoption:

27 · Inserted vide Not. No. 11019/6/97-AIS(III) dt. 09.03.1998. (GSR No. 60 dt . 14.03.1998)

28 · Inserted vide Not. No. 11019/27/08-AIS(III) dt. 19.09.2011. (GSR No. 707(E) dt . 21.09.2011)

2930 · 18(B) Paternity leave—(1) A male member of the Service (including a probationer) with less than two surviving children, may be granted paternity leave by an authority competent to grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e. up to 15 days before, or up to six months from the date of delivery of the child.

18 · (C)* Paternity leave for child adoption—(1) A male member of the Service (including a probationer) with less than two surviving children, on valid adoption of a child below the age of one year, may be granted Paternity Leave by the competent authority for a period of 15 days, within a period of six months from the date of such adoption:

29 · Inserted vide Notification No. 11019/6/97-AIS(III) dated 09.03.1998 (GSR No.71. dt. 28.03.1998)

30 · Substituted vide Notification No.11019/50/2006-AIS(III) dated 26.07.2007 (GSR No.510E, dt.26.07.2007)

18 · (D)* Child Care Leave to a female member of the Service—(1) A female member of the Service having minor children below the age of eighteen years may be granted child care leave by the competent authority for a maximum of 730 days during her entire service for taking care of up to two children.

19 · Conversion of one kind of leave into another kind—

19 · (1) At the request of a member of the Service, the Government may convert any kind of leave retrospectively into leave of a different kind, which may be admissible, but the member of the Service cannot claim such conversion as a matter of right.

19 · (2) If one kind of leave is converted into another the amount of leave salary admissible shall be recalculated and arrears of leave salary paid or amounts overdrawn recovered, as the case may be.

20 · Leave Salary—

20 · (1) A member of the Service on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave,

20 · (2) A member of the Service on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).

20 · (3) A member of the Service on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1).

20 · (4) A member of the Service on extraordinary leave is not entitled to any leave salary.

20 · (5) A member of the Service on special disability leave shall be entitled, in respect or the initial period of 120 days, to leave salary in accordance with sub-rule (1).

20 · (6) In respect of special disability leave beyond the initial period of 120 days leave salary equal to the amount specified in sub-rule (1), may be granted at the option of the member of the Service for a further period limited to the number of days of earned leave due to him in which case the earned leave account shall be debited with half the number of days for which leave salary is granted under this sub-rule.

20 · (7) The leave salary during special disability leave in respect of any period not covered by sub-rules (5) and (6) shall be at the rate specified in subrule (2).

31 · 20A Payment of cash equivalent of leave salary in case of retirement or death.—(1) Where a member of the Service retires from the service, whether on attaining the age of superannuation under sub-rule(1) of rule 15 or sub-rule(2), (2A) or (3) of rule 16, of the All India Services (Deathcum-Retirement Benefits) Rules, 1958 or dies, the Government shall suomotu sanction to him or his family, as the case may be, cash equivalent of leave salary in respect of both earned leave and half pay leave, if any, standing in his credit on the date on which he ceases to be member of the Service subject to a maximum of 300 days and pay the same in lumpsum as a one time settlement 32 . The cash equivalent shall be equal to the leave salary as admissible for earned leave and /or equal to the leave salary as admissible for half pay leave plus dearness allowance admissible on the leave salary for the first 300 days.

31 · Inserted vide DP&AR Notification No. 1/9/74-AIS(III) dated 10.06.1975 (GSR No.754 dt . 21.06.1975) and sub-rule(1) further modified vide DP&AR Not.No.11019/13/77-AIS(III), dated 01.07.1977(GSR No.431E dt . 01.07.1977) and further modified vide DOP&T Notification No. 11019/7/93-AIS(III) dated 22.12.1993(GSR No.52 dt . 22.12.1999)

32 · Inserted vide DOP&T Notification No. 11019/10/2000-AIS(III) dt. 07.02.2001.

33 · 20(B) Payment of cash equivalent of leave salary to a member of service who resigns from service—The Government shall suo motu sanction to a member of Service who resigns from the service the cash equivalent of leave salary in respect of earned leave at his credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 150 days 34 .

35 · 20(C) Encashment of earned leave at the time of availing Leave Travel Concession —

33 · Inserted vide DOP&T Notification No. 11019/6/97-AIS(III) dated 09.03.1998 (GSR No. 71 dt. 28.03.1998)

35 · Inserted & substituted vide DOP&T Notification No. 11019/6/97-AIS(III) dated 09.03.1998 (given effect from 07.10.1997) (GSR No. 71 dt. 28.03.1998) & 03.03.1998 (given effect from 1.7.1997) (GSR No. 60 dt. 14.03.1998)

34 · Inserted vide DOP&T Notification No.11019/7/93-AIS(III) dt. 22.12.1993 (w.e.f 14.7.1982) (GSR No.52 dt . 22.12.1999)

21 · Accepting any service or employment while on leave—

37 · 22. Recall of a member of the Service while on leave— A member of the Service who is recalled to duty before the expiry of the leave granted to him shall be entitled.—

36 · Inserted vide DOP&T Notification No. 11019/6/97-AIS(III) dated 09.03.1998 (given effect from 7.10.1997) (GSR No. 71 dt. 28.03.1998)

37 · Substituted vide DP&AR Not. No. 11019/13/77-AIS(III) dated 01.07.1977 (GSR No. 431(E) dt. 12.07.1977)

23 · Rejoining of duty on return from leave on medical grounds— No member of the Service who has been granted leave on medical certificate shall return to duty without first producing a medical certificate of fitness in such form as the Government may, by order, prescribe. A similar certificate may be required in the case of a member of the Service who has been granted leave for reasons of health, even though such leave was not actually granted on a medical certificate.

24 · Overstayal after expiry of leave—A member of the Service who remains absent at the end of his leave is entitled to no leave salary for the period of such absence and that period shall be debited to his leave account as though it were leave on half pay, unless his leave is extended by the Government. Willful absence from duty after the expiry of leave may render a member of the Service liable to disciplinary action.

25 · Effect of transfer to foreign service while on leave— A member of the Service transferred to foreign service while on leave ceases, from the date of such transfer, to be on leave and shall not be entitled to draw leave salary from that date.

26 · Regulation of leave during foreign service in India —

27 · Regulation of leave during foreign service out of India—

38 · Note.— In the case of a member of the service who remains on foreign service out of India and who, on reversion, immediately takes leave under these rules, the leave salary shall be calculated in accordance with rule 20 of these rules. The pay, which the member of the Service would have drawn if on duty in India but for foreign Service out of India, shall be taken as the pay actually drawn for the purpose of calculating leave salary.

28 · Leave salary contribution while on foreign service in India —

29 · Extent of leave admissible to a probationer in case of termination of service— If for any reason it is proposed to terminate the services of a member of the Service on probation, any leave which may be granted to him shall not extend beyond the date on which probationary period already sanctioned or extended expires, or any

38 · Substituted vide DP&AR Notification No. 11019/25/80-AIS(III) dated 04.11.1982 (GSR No.931 dt.21.11.1982)

30 · Counting of former service for leave in case of reinstatement after dismissal or removal or compulsory retirement from service— A member of the Service who is dismissed or removed or compulsorily retired from the Service but is reinstated on appeal or revision, under the relevant provisions of the All India Services (Discipline and Appeal) Rules, 1969, shall be entitled to count his former service for leave.

31 · Procedural instructions —

32 · Relaxation of the provisions of the rules in individual cases—Where the Government is satisfied that the operation of any of these rules causes or is likely to cause undue hardship to a member of the Service, it may, after recording its reasons for so doing and notwithstanding anything contained in any of these rules, deal with the case of such member in such manner as may appear to it to be just and equitable:

39 · 33. Interpretation—If any question arises as to the interpretation of these rules, the Central Government shall decide the same.

34 · Repeal—All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed:

35 · 40

39 · Substituted vide DP&AR Notification No.7/1/73-AIS(III)-A dated 02.01.1975 (GSR No. 39 dt. 18.01.1975)

40 · Omitted vide DP&AR order No. 31/7/72—AIS(III) dated 22.05.1973

1 · Joining time, pay and Transfer allowance is not entitled to a probationer, who subsequently joins IAS before completion of the earlier IPS probation, though carry forward of earned leave is permissible: - A question arose whether the past service, as an I.P.S. probationer, or an I.A.S. Probationer would count for purpose of joining time, leave etc.

2 · The attributes of a substantive holder of a post that a probationer enjoys can apply to the Service or Post in which he is on probation. Consequently, on his appointment to the I.A.S. before completion of his probationary period in the I.P.S. the officer is to be treated as the non—substantive holder of a post in the I.P.S. He will therefore not be entitled to joining time, joining time pay and transfer allowance under the Government of India's decision No.4 below F.R. 105.

3 · The carry forward of the leave earned by the officers as an I.P.S probationer is permissible, as it does not depend on his status, permanent or temporary.

1 · Procedure for crediting earned leave for Govt. Servants.- The Fourth Pay Commission, vide its report in para 26.2, made the following recommendations:—

2 · The present procedure of crediting E.L. in two instalments of 15 days each on January 1 st and July 1 st of every calendar year may be reviewed to remove disadvantages to employees in cases where they have already accumulated 180 days of E.L. (now 240 days) before January 1 st or July 1 st .

3 · The above recommendation was considered and accepted by the Government. This was implemented with effect from 1.1.90 in the manner indicated below.

2 · Procedure for crediting earned leave: - Extracts of letter No. 11019/4/99—AIS(III) dated 15.7.99 of Ministry of Personnel, P.G. and Pensions (Department of Personnel & Training ) addressed to all the Chief Secretaries of the State Governments/UTs:—

1 · Leave not due availed by earlier Central/State rules shall be counted towards the limit of 360 days: - The Govt. of India have decided that leave not due, if any, availed of by a member of the Service under the Ordinary Leave Rules or the Revised Leave Rules, 1933 (Central) or the corresponding Rules of the State Govts. shall be counted towards the limit of 360 days laid down in this rule.

2 · Leave not due will be cancelled if a moS resigns without returning duty and shall be liable to refund of leave salary if he/she returns from leave and resigns before earning such leave: - Government of India have decided that where a member of the Service who had been granted leave not due—

1 · Prior approval of the Government of India is necessary for grant of ex-India extraordinary leave on personal grounds: - This Department has been receiving references from the State Governments seeking clarifications whether it is necessary to seek prior approval of the Government of India for grant of extraordinary leave to a member of the All India Services for going abroad on personal grounds. It is hereby clarified that in such cases prior approval the Government of India is necessary.

1 · Abortion included under the Medical Termination of Pregnancy Act, 1971 should be considered for the purpose of grant of maternity leave: - According to note below rule 18 of the All India Services (Leave) Rules, 1955, a female member of the Service may be granted maternity leave in cases of miscarriage, including abortion subject to the conditions that the leave applied for does not exceed six weeks and the application for leave is supported by a medical certificate.

2 · It has now been decided that the abortion induced under the Medical Termination of Pregnancy Act, 1971, should also be considered as a case of abortion for the purpose of granting 'maternity leave' under the All India Services (Leave) Rules, 1955.

1 · Dearness Allowance is admissible on cash equivalent of leave salary payable at the time of retirement for the first 300 days: - I am directed to say as per Rule 39(5) of the CCS (Leave) Rules, 1972, as applicable to the Central Government employees, the component of Dearness Allowance for the calculation of cash equivalent of leave salary at the time of retirement etc. is admissible for the first 300 days. This provision has not so far been brought in the All India Services (Leave) Rules, 1955. However, necessary action for the amendment has already been initiated.

2 · Till the amendment is effected, the provision in regard to admissibility of Dearness Allowance for the purpose of calculation of cash equivalent to leave salary in respect of members of the All India Service, will be the same as that of the Central Government employees. In other words, DA will be admissible on cash equivalent of the leave salary payable at the time of retirement for the first 300 days only w.e.f the 14 th July, 1982.

3 · All the State Government and Union Territories are requested to finalise the cases of calculation of cash equivalent of leave salary as indicated above.

2 · Dearness Allowance is admissible to a moS on half pay leave/under suspension whose salary/subsistence allowance falls below the admissible DA: - A member of the Service, on half pay leave/under suspension, whose leave salary/subsistence allowance falls below the amount on which dearness allowance is admissible to Central Government servants, would be entitled to dearness allowance. The leave salary actually drawn should be taken into account for both the purpose of monetary limits within which the allowance is admissible and for calculation of the amount of the dearness allowance.

3 · Previous services rendered by IAS/IPS/IFS probationers under Central Government before their appointment to these services, should count for leave if the service is continuous: - Clarifications have been sought by some Accountants General as to how the leave salary of IAS/IPS probationers in respect of their past service under the Central Government is to be allocated and whether prior concurrence of the Central Ministry/Department concerned is necessary in this regard.

2 · It is clarified that all previous services rendered by IAS/IPS/IFS probationers under the Central Government before their appointment to these Services, should count for leave if the service is continuous. The leave salary in such cases has to be allocated on the analogy of the provisions contained in Rule 9 of Part IIB of Appendix 3 to Accounts Code Vol. I. The concurrence of the concerned Ministry of Government of India is not necessary. However intimation may be sent to them in this regard. As regards probationers, who were working under the State Government before their appointment to the IAS/IPS/IFS their previous service shall count for leave provided the State Government under whom they were working, agree to pay the leave salary.

4 · Encashment of leave to the moS serving under the State Government will be regulated by the State Rules: - A point has been raised whether orders issued by some State Governments in regard to the encashment of leave to its employees could be extended to members of the All India Services working under them under rule 2(b) of the All India Services (Conditions of Service—Residuary Matters) Rules, 1960. It is clarified that encashment of leave to members of the AIS serving under the State Government is a matter relating to conditions of service and since there is no provision in any of the rules made under the All India Services Act, 1951 for encashment of leave, in the case of the members of the Service serving in connection with affairs of the State are to be regulated in accordance with the rules, regulations and orders applicable to members of the State Civil Service, Class I in terms of Rule 2(b) of the AIS (Conditions of Service—Residuary Matters) Rules, 1960.

2 · It is further clarified that in accordance with the provisions contained in rule 2(a) of the Rules referred to in the previous paragraph members of the All India Service serving in connection with affairs of the Union are governed by the rules, regulations and orders as

5 · Encashment of Earned Leave during the service is not allowed to the members of the All India Services under the State Rules: - I am directed to invite attention to this Department's letter No. 14/1/70-AIS(III) dated the 28 th June, 1975, wherein it had been clarified that encashment of leave to members of the AIS serving under the State Government is a matter relating to conditions of service and since there is no provision in any of the rules made under the All India Services Act, 1951 for encashment of leave, matters relating to encashment of leave in the case of members of the service serving in connection with affairs of the State are to be regulated in accordance with the rules, regulations and orders applicable to members of the State Civil Services, Class I in terms of Rule 2(b) of the AIS (Conditions of Services – Residuary Matters) Rules, 1960.

2 · Further clarification was issued vide this Department's letter No. 11019/8/81-AIS(III) dated 21 st September, 1981 that in accordance with the provisions contained in Rule 2(a) of the All India Services (Conditions of Service – Residuary Matters) Rules, 1960, members of the All India Services who are serving in connection with the affairs of the Union are governed by the rules, regulations and orders as applicable to the Central Civil Services Group 'A'. Such members of the All India Services, who are serving in connection with the affairs of the Union, are therefore, not entitled to the benefit of leave encashment as per the rules of the State Government.

3 · A provision for encashment of leave on superannuation has since been incorporated as Rule 20 –A in the All India Services (Leave) Rules, 1955 vide Notification No. 11019/7/93-AIS-III dated the 22 nd December, 1993. The members of the All India Services are, therefore, no longer entitled to the benefit of encashment of leave under any of the rules of the State Government. It is, therefore, requested that no benefit under the rules of the State Government should be allowed to the members of the All India Services. However, no deductions may be made towards encashment of leave availed of by the members of AIS prior to the issue of these instructions from the leave outstanding at their credit at the time of superannuation.

6 · No encashment of leave while in service shall be allowed to any member of All India Services under any rules of the State Government except as provided in the All India Service Rules.: - I am directed to refer to this Department's letter of even number dated 19 th January, 2005 wherein it was decided that members of the All India Services would not be entitled to the benefit of encashment of leave under any of the rules of the State Government. However, encashment of earned leave subject to the maximum of 300 days can be allowed on retirement/death of the member of the Service under rule 20A of the All India Services(Leave) Rules, 1955.

2 · This Department has received a number of requests from the State Governments for allowing encashment of leave to the members of the All India Services working under

3 · It is hereby clarified that the provision under rule 20A of the AIS(Leave) Rules, 1955 was inserted vide Department of Personnel and Training's Notification No.11019/6/97AIS-11I dated 3rd March, 1998 (made effective from 01.07.1997), wherein the maximum days for encashment of earned leave was increased from 240 days to 300 days which can only be allowed at the time of retirement/death of the member of the Service. Apart from this, pursuant to the recommendation of the Sixth Central Pay Commission, the Central Government officers are allowed to encash ten days earned leave at the time of availing of Leave Travel Concession (LTC) to the extent of sixty days during the entire career. The leave encashed at the time of LTC will not be deducted from the maximum amount of earned leave encashable at the time of retirement. It is further clarified that where both husband and wife are Government servants, the present entitlement for availing LTC shall remain unchanged, and encashment of leave equal to 10 days at the time of availing of LTC will continue to be available to both, subject to a maximum of sixty days each during the career. This provision has been made applicable to the Alii India Services Officers vide this Department's letter No.11022/2/2008-AIS(II) dated 7th October, 2008.

4 · There is no other provision for encashment of earned leave while in service under the rules applicable to the members of All India services. Therefore, members of the All India Services are entitled for encashment, of earned leave for 10 days each subject to the maximum of 60 days in the entire career; and a maximum of 300 days of earned leave on retirement/death under rule 20A of the All India Services(Leave) Rules, 1955. No member of the Service should be allowed encashment of earned leave during service, other than mentioned above, under any rule of the State Government.

1 · Prior approval of the Government of India should be obtained under the respective Cadre Rules before negotiating for or taking up any employment by members of the All India Services:- I am directed to invite attention to this Department's letter No. 11017/47/2005-AIS-III, dated the 27th December, 2005, under which instructions reiterating the provisions of Rule 13(1)(b) of the All India Service (Conduct) Rules, 1968 were issued, stating that all the members of the All India Services should obtain prior permission of the Government before negotiating for or undertaking any other employment.

2 · The service conditions of All India Service Officers are governed according to the rules framed by the Central Government in consultation with the State Governments under the All India Services Act, 1951.

3 · Some State Governments like Rajasthan, Uttar Pradesh and Maharashtra have brought in employment schemes under which officers of the State Government are allowed to serve private organisations on extraordinary leave. They have, however, implemented these schemes for the All India Services officers also.

4 · The issue has been examined in the light of the relevant rules, in consultation with the Department of Legal Affairs, Ministry of Law &Justice.

5 · The main rules dealing with the cadre management of All India Services are the Indian Administrative Service (Cadre) Rules, 1954, the Indian Police Service (Cadre) Rules, 1954 and the Indian Forest Service (Cadre) Rules, 1966. According to sub-rule (1) of Rule 6, a cadre officer may be deputed for the service under the Central Government or another State Government or under a company etc. which is wholly or substantially owned or controlled by the Central Government or by another State Government only with the concurrence of the State Government and the Central Government. Sub rule (2) (ii) of Rule 6 provides that a cadre officer may be deputed for service under an international organisation, an autonomous body not controlled by the Government, or a private body, by the Central Government in consultation with the State Government on whose cadre he is borne. The State Government can depute for service only under a body wholly or substantially owned or controlled by the State Government, a Municipal Corporation or a Local Body of the State cadre where the officer is borne under rule 6(2)(i) of the respective Cadre Rules.

6 · Rule 13(1) of the All India Services (Conduct) Rules, 1968 provides that no member of the All India Service can negotiate for or undertake any employment without the approval of the Government. Rule 21(1) of the All India Services (Leave) Rules, 1955 provides that a member of the Service on leave shall not take any service or accept any employment without obtaining the permission of the Government. These rules have limited scope with regard to 'conduct' and 'leave' provisions with reference to All India Service officers and deputation of All India Services is governed by Rule 6 of the respective Cadre Rules. Deputation to an international organisation, an autonomous body not controlled by the Government, or a private body is only possible under rule 6(2)(ii) of the respective All India Service Cadre Rules for which the Cadre Authority is the Central Government.

7 · Rule 13(1) of the All India Services (Conduct) Rules, 1968 and Rule 21(1) of the All India Services (Leave) Rules, 1955 read with the provisions of the Cadre Rules thus make it explicitly clear that approval of the Government of India is essential for allowing a member of the All India Service for undertaking any employment outside the State Government on leave of any kind.

8 · It has, therefore, been decided that no member of the All India Service should be allowed by the State Governments to undertake any private employment after taking leave from the State Government and all such cases should be referred to the Government of India for approval and necessary permission for service under an international organisation, an autonomous body not controlled by the Government or a private body under the Rule 6(2)(ii) of the respective All India Service Cadre Rules.

9 · All the cases in which State Governments have allowed the members of All India Services to take up employment under the provisions of these rules, should be referred to the respective All India Service Cadre Controlling Authorities for approval under the provisions of Rule 6(2)(ii) of the respective All India Service Cadre Rules within one month of the date of issue of this letter.

1 · The moS will be granted en-India leave in conjunction of official deputation abroad up to 50% of the actual duty abroad or a fortnight, whichever is less, by the State Governments. Any excess will be granted by Department of Personnel & Training: - I am directed to refer to this Deptt's earlier letter No. 6/6/71—AIS.III, dated 11.1.1974 and the Ministry of Finance (Deptt. of Expd.) O.M.No. 19036/7/75—E.IV(B), dated 8.5.1976 which have been extended in the case of All India Services Officers and No. 19036/7/76/E.IV(B), dated 15.3.1978 in regard to the terms & conditions of deputation abroad of All India Services Officers.

2 · A question has been raised in regard to the period of leave admissible to All India Services Officers on deputation when such leave is taken in conjunction with deputation (including training) abroad.

3 · As per the existing provisions in the All India Services (Leave) Rules, 1955, there is no bar to an officer spending abroad a part or whole of the leave sanctioned to him by the competent authority as per these rules. However, restrictions have been imposed in regard to the amount of leave an officer can be granted while abroad, including training abroad, in conjunction with such deputation. Presently, it has been provided that an officer may, subject to the exigencies of public service, be granted leave while abroad for a period not exceeding 50 percent of the actual period of duty abroad (excluding the transit time and enforced halt) or for a fortnight, whichever is less, for personal reasons. It is made clear that cases of grant of leave in excess of this limit can be approved only in consultation with the Deptt. of Personnel & Trg. (Services Division). The above may please also brought to the notice of all members of the All India Services in your Cadre.

4 · All cases, in which the State Government propose to send a member of an All India Service abroad on deputation or on leave due and admissible to him (including study leave) should be referred to the Department of Personnel in the case of members of the Indian Administrative Service, the Ministry of Home Affairs in the case of members of the Indian Police Service and the Ministry of Environment and Forests in the case of the members of the Indian Forest Service.

2 · Delegation of some powers of the Central Government to the State Governments and the Ministries/Departments of the Government of India for grant of ex-India leave: - I am directed to say on the subject mentioned above that an Executive Instruction 'B' was issued by this Department (Letter No. 9/26/71-AIS-III) on 23.09.1972 under Regulation 12 of the AIS (Study Leave) Regulations, 1960 wherein it is provided that all cases, in which the State Government proposes to send a member of an All India Service abroad on deputation or on leave due and admissible to him (including study leave) should be referred to the respective Cadre Controlling Authority in the Government of India.

2 · There has been demand for doing away with the aforementioned provision for Central Government's prior approval for grant of ex-India leave excluding study leave so as to

3 · While considering the requests of the member of an All India Service for grant of leave to proceed abroad, all the State Governments/Ministries to the Government of India are requested to satisfy themselves regarding the funding of such visits made by the officer concerned in each case and to see that no cadre officer accepts hospitality from a foreign government/private body other than a close relative.

4 · It is further noted that the above delegation will not apply to any travel abroad in conjunction with leave granted under the provisions of the All India Service (Study Leave) Regulations, 1960, where the specific clearance of the Central Government is invariably required.

5 · The following category of official visits/tours/study tours/seminars/workshops etc. abroad will continue to be referred to DOP&T for grant of cadre clearance:

6 · The proposal should be sent in a self-contained format furnishing all the relevant details in the prescribed format (copy enclosed). In case, proposal is not in the prescribed format or information in respect of any item in the format is missing, no back reference will be made by this Department and cadre clearance will not be granted.

7 · The proposal should be forwarded to DOP&T well in time i.e at least before a fortnight from the date of commencement of the training/workshop etc.

8 · To the extent possible, nomination of officers may be made for those seminars/workshops etc. which are related to the job/assignment of the officer.

9 · In case where an officer proceeds for a training programme/workshop/ seminar/study tour abroad without obtaining the cadre clearance of this Department there is likelihood that the period of his absence would be treated as dies-non.

10 · It is requested that the provisions of this circular may be brought to the notice of all the members of All India Services serving with the State / Central Governments at an early date.

12 · No objection/approval of Deptt. of Personnel & Trg. will be subject to clearance by Ministry of External Affairs from political angle, MHA in FCRA and Ministry of Finance if need be from Screening Committee etc.

3 · Delegation of full powers to State Governments, Ministries/Departments of the Government of India to grant ex-India leave on personal grounds (except Half-pay Leave and extraordinary leave): In continuation of this Department's letter of even number dated 7 th March, 2003 on the subject mentioned above, it is further clarified that the following points may also be taken into account :

4 · Consolidated instruction of delegation of some powers of the Central Government to the State Governments and the Ministries/Departments of the Government of India for grant of ex-India leave: - This Department has issued a number of instructions regulating cases of members of All India Services proceeding abroad on ex-India leave (excluding study leave), which are as under:

2 · These instructions were re-examined in this Department and it has been decided to modify the existing provisions for further delegation of powers, subject to the general

3 · General conditions: The State Governments and Ministries/ Departments of the Government of India shall keep in mind some general aspects while exercising these delegated powers while granting ex-India leave to the members of the All India Service working under them, as under:

4 · While granting leave to a member of the Service, the State Governments and Ministries/Departments of the Government of India should scrupulously follow the Government of India instruction issued vide this Department's letter no.11019/62/2005AIS-III dated 4 th July, 2007 which envisages that no member of the All India Service shall be allowed to undertake any private employment after taking leave from the State Government or from a Central Ministry/Department.

5 · All the relevant instructions issued earlier in this regard stand modified/deleted.

6 · The above delegation of powers is not applicable in cases of official visits abroad for attending foreign training/tours/study tours/seminars/workshops, etc., in which the member of the Service is nominated by the Central/State Governments, which are dealt by the EO Division of this Department.

7 · It is requested that the provisions of these instructions may be brought to the notice of all the members of the All India Services serving with the State/Central Governments at an early date.

12 · No objection/approval of Deptt. of Personnel & Trg. will be subject to clearance by Ministry of External Affairs from political angle, MHA in FCRA and Ministry of Finance if need be from Screening Committee etc.