Section 46 in Rajasthan Non-Government Educational Institutions (Recognition, Grant-In-Aid and Service Conditions Etc.) Rules, 1993
46. General Conditions of Leave
.- (i) Leave is earned by duty only.(ii)An employee, who is dismissed or removed from service, but is reinstated on appeal or revision is entitled to count his former service for leave.(iii)Leave cannot be claimed as a right. Discretion is reserved to the authority empowered to grant leave to refuse or revoke leave at any time according to the exigencies of the service.(iv)The nature of leave due and applied for by an employee can not be altered at the option of the sanctioning authority.(v)Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day proceeding that on which charge is resumed.(vi)Every employee proceeding on leave must record on his application for leave the address at which letters will find him during leave.(vii)An employee on leave may not take-up and service or accept any employment including the setting-up of any service or accept any employment including the setting-up of a private professional practice as Accountant, consultant legal or medical practitioner without obtaining previous sanction.(viii)An application for leave or extension must be made to the authority competent to grant much leave or extension.(ix)The grant of a certificate by a competent and authorised medical attendant does not in its self confer upon the employee concerned any right to leave. The certificate should be forwarded to the authority competent to grant leave and the orders of that authority should be awaited.(x)An application for leave on medical certificate shall be accompanied by a medical certificate given by a Government medical officer/Vaidya/Hakim/Homeopathic Chikitsak.(xi)The authority competent to grant leave, at his discretion. may secure a second medical opinion from Principal Medical Officer/Chief Medical Officer as the case may be who shall express opinion both as regards the facts of illness and as regards necessity for the amount of leave recommended and for this purpose, the may either require the applicant to appear before him or before a medical officer nominated by him.(xii)Medical Officers must not recommend the grant of leave in any case in which their appears to be no reasonable prospect that the employee concerned will ever be fit to resume his duties. In such cases, the opinion that the employee is permanently unfit for service should be recorded in the medical certificate.(xiii)In cases, where all applications of leave can not, in the interest of service, be granted the authority should in deciding which application be granted should take into consideration the following points :-(a)The employee who can for time being best be spared;(b)The amount of leave due to various applicants;(c)The amount and character of the service rendered by each applicant since he last returned from leave;(d)The fact that any such applicant has been refused leave earlier.(xiv)Leave should not be granted to an employee who ought at once to be dismissed or removed from service for misconduct or general incapacity.(xv)An employee who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness from the authorised medical attendant.(xvi)An employee who is absent from duty without leave or before leave applied for has been sanctioned by the competent authority shall be treated to have remained wilfully absent from duty and such absence shall amount to interruption in service involving forfeiture of past services, unless, on satisfactory reasons being furnished, the absence is regularized by grant of leave due or is commuted into extra ordinary leave by the competent authority, willful absence from duty after the expiry of leave renders an employee liable to disciplinary action.(xvii)Any kind of leave may be granted in combination or in continuation of any other kind of leave.(xviii)An upto date leave account of every employee shall be maintained for each kind of leave.
