Section 65 in West Bengal Municipal (Employees' Service) Rules, 2010
65. Half-pay leave and commuted
. (1) (a) An employee shall be entitled to half-pay leave for 10 days in advance on the 1st January and 10 days in advance on the 1st July of each year.(b)The leave under clause (a) may be granted on medical certificate or on private affairs :Provided that in the case of an employee not in permanent employ no half-pay leave may be granted unless the authority competent to grant leave has reason to believe that the employee will return to duty on its expiry except in the case of an employee who has been declared permanently incapacitated for further service by a competent medical authority determined by the Local Body.(2)If an employee is on leave on the day on which he completes a year of service, he shall be entitled to half-pay leave without having to return to duty.(3)Commuted leave not exceeding half the amount of half pay leave due may be granted on medical certificate to an employee subject to the conditions that(a)the authority competent to grant leave is satisfied that there is reasonable prospect of the employee returning to duty on its expiry;(b)when commuted leave is granted, twice the amount of such leave shall be debited against the half-pay leave due;(c)the authority competent to grant leave obtains an undertaking from the employee that in the event of his resignation or retiring voluntarily from service he shall refund the difference between the leave salary drawn during commuted leave and the leave salary admissible during half-pay leave;(d)half-pay leave upto a maximum 180 days may be allowed to be commuted during the entire service (without production of medical certificate) where such leave is utilised for an approved course of study certified to be in the interest of the Local Body by the sanctioning authority.(4)Where an employee who has been granted commuted leave resigns from service or retire voluntarily without returning to duty, the commuted leave shall be treated half-pay leave and the difference between the leave salaries in respect of commuted leave and half pay leave shall be recovered :Provided that no such recovery shall be made if the retirement is by reason of ill health incapacitating the employee for further service or if the employee. dies while on commuted leave.
