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State of Jharkhand - Section

Section 351 in Bihar Education Code, 1961

351. Leave rules.

- The following model leave rules have been framed by the Board of Secondary Education, Bihar:-
(a)Leave cannot be claimed as of right. In cases of exigency leave may be refused or revoked, or leave for a shorter period than that prayed for may be given.
(b)Leave other than casual leave will ordinarily be granted by the managing committee. In cases of urgency or during a vacation when the managing committee will not meet for sometime, leave may be granted by the Secretary, but any leave so granted should be reported to the managing committee at its next meeting for sanction. Casual leave to teachers will be granted by the Headmaster/Principal. Casual leave to the Headmaster/Principal will be granted by the Secretary.
(c)Casual leave on full pay may be given for sixteen days in any one calendar year. It may not be combined with vacation or with any other kind of leave. It may be given in extension of gazetted holidays, but such holidays will ordinarily be counted a part of the leave for the purpose of reckoning the total amount of such leave, provided that in cases of hard-ship this rule may be relaxed by the authority granting the leave. The unspent balance of casual leave for one calendar year must not be combined with that of another calendar year. Medical leave should not be granted for periods of less than five days to a teacher to whom casual leave is due.
(d)The period of absence of a teacher prohibited from attending school in consequence of infectious disease in his house or for service on a jury or for attending approved conferences or university meetings or meeting convened by the Bihar School Examination Board, will be reckoned as casual leave but not be counted against the casual leave due under rule (c).
(e)The total amount of leave on full pay which may be granted to a teacher on production of a medical certificate is limited to one-thirtieth of his active service in the school, and to six months at any one time. If further medical leave is required in continuation, it may be given on half pay at the discretion of the managing committee up to a limit of six months or more on production of a fresh medical certificate. If still further medical leave is required on continuation, it may be given without pay up to a limit of one year more. When leave on full pay on medical certificate is not due for the whole of the period prayed for, the applicant may be given leave on half pay for the balance, provided that the total period of leave on full pay and half pay together must not exceed the prescribed limit.
(f)It rests with the sanctioning authority to decide whether a medical certificate is satisfactory. Such a certificate should preferably be from an Assistant Surgeon; if the certifying Doctor be a homoeopath or kaviraj, he should be a recognised physician in whom the managing committee has confidence.
(g)Leave on half pay may be granted for urgent private affairs. The total amount of leave on half pay which may be granted to a teacher, whether on medical certificate or for urgent private affairs, is limited to one-thirteenth of his active service in the school. If it is necessary to relax this rule in case of illness coming under rule (e) further leave on half pay should not be granted until leave has-been earned to the extent of the leave already enjoyed plus that supplied for.
(h)Leave without pay may be granted to a teacher without limit except that no teacher should be allowed to be absent from duty continuously, whether on leave with or without pay, for more than two years.
(i)Leave may be prefixed to or suffixed to, but not both prefixed and suffixed to, a vacation, if a vacation is prefixed or affixed to leave the period of the vacation will be counted in calculating the maximum period of leave that may be granted at a time, if a vacation falls within the period of leave the period of vacation will be counted as leave.
(j)Absence without leave, including absence without leave in continuation of a vacation, will render a teacher liable to discharge and to forfeiture of pay at the discretion of the managing committee. The managing committee may, however, condone a teacher's absence without leave, if the absence be due to the teacher's sudden illness, or to some unforeseen event over which he had no control.
(k)A teacher detained on duty during a vacation will be given leave on full pay or an allowance equivalent to full pay for a period which will be the fraction of a month equal to the proportion which the number of days for which he is detained bears to the total number of days in the two vacations.
(l)Maternity leave may be granted to the female teachers in non-Government High schools for a maximum period of three months on full pay. The leave shall not be debited to leave account and will be treated as special leave on full pay.
(Resolution of the Board of Secondary Education, dated the 26th November 1945.)