With the exception of government servants of non-Asiatic domicile who may be specially recruited overseas and who shall be subject to such leave terms as may be prescribed by Government in each case, the following leave rules shall apply to:(a)all government servants who enter government service on or after April 1, 1966, and hold a lien on a permanent post or would have held a lien on such post, had their lien not been suspended;(b)all government servants who were recruited before April l, 1966, and to whom Fundamental Rule 81-B applied on that date:Provided that the earned leave at their credit on April 1, 1966, shall stand and they shall earn further leave under sub-rule (1) of this rule with effect from that date;(c)all government servants, recruited before January 1, 1936, to whom Fundamental Rule 81 applies and who elect in writing to come under these rules by making specific declaration to Government to this effect. The option once exercised shall be final:Provided that:(i)the balance of leave on average pay at the credit of such a government servant on the date of exercising the option referred to above shall not lapse, He will first exhaust all such leave in excess of one hundred and eighty days and when the balance of such leave falls below this period, he shall begin to earn leave under these rules;(ii)the amount of leave on average pay on medical certificate already taken under the proviso to clause (b) of Fundamental Rule 81 shall be deducted from the maximum limit of twelve months' leave on medical certificate on average pay admissible under sub-rule (2) of this rule;(iii)the number of days of leave on average pay in excess of four months spent elsewhere than in India, Pakistan, Ceylon, Nepal, Burma or Aden under the proviso to clause (b) of Fundamental Rule 81 shall be deducted from the maximum limit of 365 days' leave on private affairs on half average pay admissible, under sub-rule (3) of this rule; but in case the total exceeds 365 days no further leave on private affairs shall be earned.(1)[ Earned leave - The following procedure shall be deemed to have come into force with effect from January 1, 1978 in regard to calculation of earned leave in respect of Government servants serving in the State :(i)Earned Leave of thirty one days shall be credited in advance, in the leave account of every Government servant, in two half yearly instalments, in each calendar year. Sixteen days earned leave shall be credited on the first day of January and fifteen days earned leave on the first day of July of every calendar year;(ii)Earned leave at the credit of a Government servant at the close of the previous half year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit for the half year, does not exceed a maximum limit of one hundred and eighty days, raised to two hundred and forty days with effect from January 1, 1987.In the case of a Government servant appointed on or after first January 1978, earned leave shall be credited at the rate of two and half days for each completed calendar month of service which he is likely to render in a half year of the calendar year in which he is appointed;(iii)when the total earned leave amounts to two hundred and forty days, a Government servant shall cease to earn such leave,Note. - The limit of one hundred and eighty days was raised to two hundred and forth days with effect from January 1, 1987.(iv)the credit of earned leave under clauses (i) and (ii) above shall be reduced by one-tenth of the period of extraordinary leave availed of during the previous half year, subject to a maximum of fifteen days;(v)in the case of Government servant who ceases to be a Government servant due to retirement, resignation, death or any other reason in a particular half year, earned leave shall be credited to his leave account at the rate of 2½ (two and half) days for each completed calendar month upto the date he ceases to be a Government servant. In such cases a deduction on account of extraordinary leave availed of from the beginning of that particular half year up to the date he ceases to be a Government servant shall be made from earned leave credited to his leave account for, that particular half year. If the earned leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any, overdrawn. Therefore, before any payment of leave salary and/or pay is made to the Government servant concerned in respect of that month in which he ceases to be a Government servant, it shall be duly ensured by the competent authority that the earned leave in excess of the credit so due to him has not been sanctioned and overpayment of leave salary has not been made :(vi)while affording credit of earned leave, fractions of a day shall be rounded off to the nearest day.(vii)A Government servant on leave on the last day of a half year shall be entitled to avail of the earned leave to be credited in his leave account on the first day of the following half year of the calendar year, subject to the condition that the authority competent to sanction leave has reason to believe that the Government servant shall return to duty on its expiry.(viii)the leave accounts of Government servants in respect of earned leave as they existed before commencement of these rules, shall be closed and earned leave at their credit on December 31, 1977 shall be carried forward in their new leave account is to be maintained in Form 11-D, enclosed to these rules.(ix)every order sanctioning earned leave issued by the competent authority in respect of Government servant subordinate to him shall indicate the balance of earned leave at the credit of the Government servant concerned at the time.(x)subject to the provisions of Fundamental Rules 67 and and 86-A :-(a)the maximum period of earned leave that may be granted to a Government servant at a time shall be one hundred and twenty days if spent in India;(b)earned leave may be granted to him exceeding a period of 120 days but not exceeding 180 days if the entire leave so granted or any portion thereof is spent in a foreign country but the period of such leave spent in India shall not in the aggregate exceed the limit of 120 days.(xi)in the case of a Government servant serving in a vacation department :(a)the period of earned leave admissible to him shall be reduced by thirty days for each year of duty in which he avails himself of the full vacation.(b)if he is prevented by reason of Government work from availing himself of the full vacation in any year as provided in the Subsidiary Rules 145 and 146, the earned leave admissible to him shall be reduced by a fraction of thirty days equal to the proportion which the part of the vacation availed of bears to the full period of the vacation.(c)if in any year he does not avail himself of the vacation in terms of Subsidiary Rules 145 and 146, the earned leave admissible to him shall not be subject to any reduction.(d)vacation may be taken in combination with or in continuation of any kind of leave under these rules, provided that the total duration of vacation and earned leave is taken in combination with, or in continuation of other leave or not, shall not exceed the amount of earned leave admissible to him at a time under clause (ii) of this rule except when it is taken for obtaining higher technical qualifications in which case the limit shall be two hundred and seventy days.(xii)a Government servant may be permitted to surrender a portion of earned leave at his credit and allowed cash payment in lieu thereof in accordance with the orders issued by Government, in this regard, from time to time.](2)Leave on medical certificate. - (i) A Government servant to whom these rules apply may be granted leave on medical certificate not exceeding twelve months in all during his entire service. Such leave shall be given only on production of a certificate from such medical authority as the Governor may, by general or special order, specify in this behalf and for a period not exceeding that recommended by such medical authority :Provided that when the maximum period of twelve months is exhausted, further leave on medical certificate not exceeding six months in all during entire service may be granted, in exceptional cases on the recommendations of a medical board :Provided further that in all cases in which Government servants may have before the date of application of these rules to them availed of leave on medical certificate under Fundamental Rule 81-B and Subsidiary Rules 157 or 157-A, as the case may be, the period of such leave availed of, under Fundamental Rule 81-B and Subsidiary Rule 157-A, as the case may be, and half the period of such leave availed of under Subsidiary Rule 157, shall be-taken into account in calculating the leave due to them under this rule.(ii)[ Under this rule, leave upto sixty days may be granted by the competent authority on recommendation of the authorised medical authority. Leave exceeding this period may not be granted unless the competent authority is satisfied that there is a reasonable probability that the Government servant will be fit to return to duty on the expiry of the leave applied for : [Substituted by Notification No. G-4-525/X-96-201/1996, dated 19th August, 1996 (w.e.f. 26th October, 1996).]Provided that when a Government servant dies during the treatment of his illness and the medical leave is otherwise due to such Government servant, the authority competent to grant leave shall sanction the medical leave.] [Substituted by Notification No. G-4-1071/X-92-201/76, dated 21st December, 1992.](3)[ Leave on Private Affairs. - A Government servant to whom these rules apply may also be granted leave on private affairs not exceeding three hundred and sixty five days in all during this entire service.(i)He shall be entitled to thirty-one days leave on private affairs in every calendar year.The following procedure shall be deemed to have come into force with effect from 1st July, 1979; in regard to calculation of leave on Private affairs in respect of Government servants serving in the State :(ii)Leave on private affairs shall be credited in advance, in the leave account of every Government servant in two half-yearly instalments in each calendar year.Sixteen days' leave on private affairs shall be credited on the first day of January and fifteen days leave on private affairs on the first day of July of every calendar year.(iii)When the total of leave on private affairs amounts to three hundred and sixty five days, a Government servant shall cease to earn such leave.(iv)The leave on private affairs at the credit of a Government servant at the close of the previous half year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit for the half year do not exceed a maximum limit of three hundred and sixty five days.(v)In the case of a Government servant appointed on or after 1st July, 1979, the leave on private affairs shall be credited at the rate of 2½ (two and half) days for such completed calendar month of service which he is likely to render in a half year of the calendar year in which he is appointed.(vi)The credit of leave on private affairs under clauses (i) and (ii) above shall be reduced by one-tenth of the period of extraordinary leave availed of during the previous half year subject to a maximum of fifteen days.(vii)In the case of a Government servant who ceases to be a Government servant due to retirement, resignation, death or any other reason in a particular half year, the leave on private affairs shall be credited to his leave account at the rate of 2½ (two and half) days for each completed calendar month upto the date he ceases to be a Government servant. In such cases the deduction on account of extraordinary leave availed of from the beginning of that particular half year upto the date he ceases to be a Government servant shall be made from leave on private affairs credited to his leave account for that particular half year. If the leave on private affairs already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any, overdrawn. Therefore, before any payment of leave salary and/or pay is made to the Government servant concerned in respect of that month in which he ceases to be a Government servant, it shall be duly ensured by the competent authority that the leave on private affairs in excess of the credit so due to him has not been sanctioned and overpayment of leave salary has not been made;(viii)while affording credit of leave on private affairs fractions of a day shall be rounded off to the nearest day;(ix)A Government servant on leave on the last day of a half year shall be entitled to avail of the leave on private affairs to be credited to his leave account on the first day of the following half year of the calendar year, subject to the condition that the competent authority has reason to believe that the Government servant shall return to duty on its expiry.(x)The leave accounts of Government servants in respect of leave on private affairs as they existed before the commencement of these rules shall be closed and leave on private affairs at their credit on 30th June, 1979 shall be carried forward to their new leave accounts, to be maintained in Form 11-E enclosed to these rules;(xi)Every order sanctioning leave on private affairs issued by the competent authority in respect of Government servants subordinate to him shall indicate the balance of leave on private affairs at the credit of the Government servant concerned at that time;(xii)The maximum period of leave on private affairs that may be granted to a Government servant at a time shall be ninety days if spent in India. Leave on private affairs may be granted to him exceeding a period of ninety days but not exceeding one hundred and eighty days if the entire leave so granted or any portion thereof is spent outside India but the period of such leave spent in India shall not in the aggregate exceed the limit of ninety days;(xiii)No leave may be granted under this sub-rule unless the authority competent to sanction leave has reason to believe that the Government servant will return to duty on its expiry or unless it is included in leave preparatory to retirement;(xiv)In all cases in which Government servants may have, before the commencement of these rules, availed of leave on private affairs under Fundamental Rule 81-B and Subsidiary Rule 157-A, the period of leave so availed of shall be taken into account in arriving at the amount of leave on private affairs admissible under this sub-rule. For this purpose, the Government servant shall be deemed to have earned the leave on private affairs, not exceeding three hundred and sixty five days, under the provisions of these rules, from the date of their continuous service, whether in a temporary or a permanent capacity. If leave in excess of three hundred and sixty five days has been taken by a Government servant before the application of this sub-rule in his case, the minus balance shall be waived and no further leave shall be earned by him. In other cases where a Government servant has availed of leave in excess of the leave admissible on the date but not exceeding the limit of three hundred and sixty five days, it shall be adjusted against the leave on private affairs that will be earned by him subsequently.](4)Commuted leave - Commuted leave, that is half the amount of leave on private affairs admissible under sub-rule (3) of this rule, may be allowed at the option of the government servant proceeding on study leave under Fundamental Rule 84, subject to the following conditions:(i)The authority competent to sanction leave is satisfied that the government servant requires the leave for purposes of obtaining higher technical qualifications;(ii)The grant of the leave shall be restricted on any one occasion to forty-five days if spent wholly in Asia and to ninety days if spent wholly outside Asia. If the leave is spent partly in and partly outside Asia, the period shall be restricted to forty-five days plus such time as is actually spent outside Asia subject to a maximum total period of ninety days;(iii)When commuted leave is granted, twice the amount of such leave shall be debited in the leave account against the leave on private affairs due;(iv)No leave may be granted under this rule unless the authority competent to sanction leave has reason to believe that the government servant will return to duty on its expiry.(5)Extraordinary leave - A government servant to whom these rules apply may be granted extraordinary leave in accordance with the provisions of Fundamental Rule 85, read with Fundamental Rule 18.(6)Any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.Orders of the Governor regarding Rule 81-B
