THE ALL INDIA SERVICES (LEAVE) RULES; 1955

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:

13 · Commuted Leave 2413(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) ibid note 19 ibid note 19 22The words Daman, Diu & Goa omitted vide MHA Not: No 14/1/69-AIS(III) , dated 13.05.1970 (GSR No.815 dt_ 23.05.1970) Substituted vide DOP&T Not No.11019/16/85-AIS(III) dt. 26.5.1986. (GSR No. 411 dt: 07.06.1986) 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.)

16 · (1) Special disability leave, which may be combined with leave of any ther 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 2718(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). NOTE: Maternity leave may be granted in cases of miscarriage including abortion subject to the condition that the leave applied for does not exceed six weeks and the application for leave is supported by a medical certificate 2818(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) Inserted vide Not: No 1019/27/08-AIS(III) dt: 19.09.2011. (GSR No. 707(E) dt 21.09.2011)

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 sub- rule (2). 3120A 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 (Death- cum-Retirement Benefits) Rules, 1958 or dies, the Government shall suo- motu 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 settlement32. 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. (2) The cash equivalent of leave salary payable to a member of service, under sub-rule(1) shall also include dearness allowance but shall not include any other allowances: (3) The cash equivalent of leave salary for earned leave payable under sub-rule(1) shall be calculated as follows:

21 · Accepting any service or employment while on leave 21(1) A member f the Service on leave shall not take any service or accept any employment without obtaining the permission of the Government: Provided that a member of the Service who has been granted permission to take any service or accept any employment during leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and from returning to duty. NOTE: This rule does not apply to casual literary work or service as an examiner or similar employment: 21(2) The leave salary of a member of the Service who is permitted to take up employment?6 during leave preparatory to retirement shall be subject to such restrictions as the Central Government may, by general or special order, prescribe.

3722 · 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. 22(a) if the leave from which he is recalled is out of India: to receive a free passage to India, and provided that he has not completed half the period of his leave by the date of leaving for India

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 [G.I.MH.A letter No. 10/7/56 AIS(Il) dated 24.10.56] 2. Leave not due will be cancelled if a moS resigns without returning duty and shall be liable to refund of leave salary if helshe 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 (i) resigns from service without returning to duty, the leave not due shall be cancelled; his resignation taking effect from the date on which such leave had commenced and the leave salary shall be recovered; and (Ti) returns to duty but resigns before he has earned such leave, he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently. [File No. 11011/2/78_AIS (III) :] GOVERNMENT OF INDIA'S ORDERS UNDER RULE 15 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. [DOPT letter .No.11020/15/97/AIS -IIl Dated 14th Dec. 1998]

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 14th 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. [DOPT letter No. 11019/6/2000-AIS(III) dated 12.6.2000] 2. Dearness Allowance is admissible to a moS on half pay leavelunder suspension whose salarylsubsistence allowance falls below the admissible DA: A member of the Service , on half pay leavelunder suspension, whose leave salarylsubsistence 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. [G.I. MHA letter No. 1/133/63~AIS(II)~dated Znd December, 1963.]

3 · Previous services rendered by IASIIPSIIFS 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 IASIIPS 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 IASIIPSIIFS 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: L. 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 IASIIPSIIFS their previous service shall count for leave provided the State Government under whom they were working, agree to pay the leave salary: [Letter No. 1/19/72_AIS (III), dated 13th October, 1972] 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 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 23

5 · Encashment of Earned Leave during the service is not allowed to the members of the All India Services under the State Rules: am directed to invite attention to this Department's letter No. 14/10 /70-AIS(III) dated the 28th 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 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-IIl dated the 22nd 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 AII 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. [DOPT letter No. 11019/34/2003-AIS-IIl dated 19.01.2005]

6 · No encashment of leave while in service shall be allowed to any member of AII India Services under any rules of the State Government except as provided in the AlI India Service Rules: am directed to refer to this Department's letter of even number dated 19th 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 retirementldeath of the member of the Service under rule 2OA 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

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 AlI India Services:- 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 AII 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) () of the respective Cadre Rules.

6 · Rule 13(1) of the All India Services (Conduct) Rules, 1968 provides that no member of the AlI India Service can negotiate for or undertake any employment without the approval of the Government: Rule 21(1) of the AIl 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 AIl India Service for undertaking any employment outside the State Government on leave of any kind:

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: 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. [No.11019/13/93-AIS-IIl dated 14th January, 1994]

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: 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-IIl) 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 AlI 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:

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 governmentlprivate 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:

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.

7 · .

11 ·

12 · No objectionlapproval 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 7th March, 2003 on the subject mentioned above, it is further clarified that the following points may also be taken into account

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

5 · All the relevant instructions issued earlier in this regard stand modifiedldeleted:

10 ·

11 ·

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.