CORRIGENDA—II

In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of Notification No. G–4—1071/X–92—201/76 Dated December 21, 1992.                                              

UTTAR PRADESH SHASAN

VITTA (SAMANYA) ANUBHAG–4

No. G-4—1071/X-92—201/76

Dated Lucknow December 21, 1992

In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the Governor is pleased to make the following rules, to amend the Fundamental Rules contained in Financial Hand Book, Volume II, Parts II to IV.

UTTAR PRADESH FUNDAMENTAL

(FIRST AMENDMENT) RULES, 1992.

Short title and commencement

Amendment of Sub-rules (1) and (3) of Fundamental Rule 81-B.

 

(1) These rules may be called the Uttar Pradesh Fundamental (First Amendment) Rules, 1992.

(2) They shall come into force atonce.

2. In the Fundamental Rule 81–B, for the sub-rules as set out in column 1 below, the Sub-rules as set out in column-2 below shall be substituted:—

Column–1

Column–2

Existing Sub-rules

Sub-rules as hereby substituted

81-B (1) Earned Leave — A government servant to whom these rules apply shall Earn Leave in respect of the period spent on duty and the earned leave admissible to him shall be one-eleventh of the period spent on duty.

Provided that:—

(i) When the total of his earned leave amounts to one hundred and eighty days he shall cease to earn such leave;

(ii) Subject to the provisions of Fundamental Rules 67 and 86—A;

 

81-B (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;

 

(a) the maximum period of earned leave that may be granted to him at a time shall be one hundred and twenty days if spent in Asia;

(b) earned leave may be granted to him exceeding period of one hundred and twenty days but not exceeding one hundred and eighty days if the entire leave so granted or any portion there of is spent out-side Asia but the period of such leave spent in India shall not in the aggregate exceed the limit of one hundred and twenty days:

Provided further that in the case of a government servant serving in a vacation department:

(i) 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;

(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,

(ii) if he is prevented by reason of Government work from availing himself of the full vacation in any year as provided for in 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;

NOTE:—The limit of one hundred and eighty days was raised to two hundred and forty days with effect from January 1, 1987.

(iii) 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.

(iv) the credit of earned leave under clauses (i) and (ii) above shall be reduced by one-tenth of the period of extra-ordinary leave availed of during the previous half year, subject to a maximum of fifteen days:

(v) 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 the first proviso to sub-rule (1) 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;

(v) in the case of government servant who ceases to by 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 2 (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 extra-ordinary 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 over-payment 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 Govt. servant shall return to duty on its expiry.

(viii) the leave accounts of Govt. 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 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 admisible 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 cerdit and allowed cash payment in lieu thereof in accordance with the orders issued by Government, in this regard, from time to time.

(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 his entire service. Such leave shall be earned by him at one—eleventh of the period spent on duty and shall be granted, on any one occasion, for not more than ninety days if spent wholly in Asia and not more than one hundred and eighty days if spent wholly outside Asia. If the leave is spent partly in and partly outside Asia, the period shall be ninety days plus such time as is actually spent outside Asia subject to a maximum total period of one hundred and eighty days.

(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 his 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:—

Provided that 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:

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 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 servants shall be deemed to have earned the leave on private affairs, not exceeding three hundred and sixty five days, at the rate of one eleventh of the period spent on duty from the commencement 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, 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.

(ii) Leave on private affairs shall be credited in advance, in the leave account of every government servant in two half yearly installments 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 or after 1st July, 1979, the leave on private affairs shall be credited at the rate of 2 (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.

(vi) The credit of leave on private affairs under claused (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 2 (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 up to 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 at 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,

 

By order,

 

B. N. Tewari

 

Principal Secretary, Finance.

 

No. Samanya-4-1071/X-92-201/76 of date.

 

Copy forwarded for information and necy. action to the following:—

1. Accountant General, Audit I and II, U. P. Allahabad.

2. Accountant General, Account I and II, U. P. Allahabad.

3. Secretary Legislative Council/Assembly Council House, Lucknow.

4. All Head of Departments and Principal Head of Officers, Uttar Pradesh.

 

5. All Sections of the Secretariat.

6. Director, Printing and Stationery, Uttar Pradesh, Allahabad, with the request that the notification may please be printed in the next issue of State Gazette.

 

By order,

 

(G. D. DIXIT)

 

Joint Secretary.

 

FORM NO.—11-D

[See Sub-rules (i) (viii) of Fundamental Rule 81-B]

Form of leave account of earned leave under the U.P.

Fundamental Rules

Name of Government Servant...................................................Designation......................................

Date of birth........................................................................................................................................

Date of commencement of continuous service...................................................................................

Date of Permanent employment.........................................................................................................

Date of retirement/resignation/termination of service........................................................................

Particulars of service in the calendar half-year

Completed months of service in the calendar half-year

Earned leave credited at the beginning of half-year

Number of days of Extraordinary Leave availed of during the previous calendar half-year

Earned leave to be deducted (1/10th of the period in Col.5)

From

To

 

1

2

3

4

5

6

           

Total Earned Leave at credit in days (Col.4+11–6)

Leave Taken

Number of days

Balance of Earned Leave on return from leave (Col.7–10)

Remarks

From

To

7

8

9

10

11

12

           

INSTRUCTIONS

Notes:—

1. The Earned Leave due should be expressed in days.

2. When a government servant is appointed during the course of a particular calendar half-year, Earned Leave should be credited at 2 days for each completed month of service in the calendar half-year in which he is appointed and the fraction of a day will be rounded to the nearest day.

3. The old leave account of the earned leave in respect of existing government servant has to be closed and the balance as on December 31, 1977, will have to be carried forward to the new account in Col. 11. While doing so, the balance at credit on December 31, 1977, may be rounded off to the nearest day.

4. The entry in Col. 6 should be in complete days. Fraction of a day will be rounded to the nearest day.

Period of extraordinary leave should be noted in red ink.

FORM No. 11-E

(See Sub-rule (3) (X) of Fundamental Rule 81-B)

Form of leave account of leave on private affairs under the U. P. Fundamental Rules.

Name of Government Servant Designation

Date of birth

Date of commencement of continuous service

Date of permanent employment

Date of retirement/resignation/termination of service

Particulars of service in the calendar half-year

Completed months of service in the calendar half-year

Leave on private affairs credited at the beginning of half-year

Number of days of Extraordinary Leave availed of during the previous calendar half-year

From

To

1

2

3

4

5

Leave on Private affairs to be deducted (1/10th of period in Col. 5)

Total Leave on Private affairs at credit in days (Col. 4–11–6)

Leave Taken

No. of days

Balance of leave on Private affairs on return from leave (Col. 7–10)

Remarks

From

To

 

6

7

8

9

10

11

12

             

INSTRUCTIONS

Notes—

1. The Leave on Private affairs due should be expressed in days.

2. When a government servant is appointed during the course of a particular calendar half-year, Leave on Private affairs should be credited at the rate of 2 days for each completed month of service in the calendar half-year in which he is appointed and the fraction of a day will be rounded to the nearest day.

3. The old leave account of the Leave on Private affairs in respect of existing government servant has to be closed and the balance as on June 30, 1979 will have to be carried forward to the new account in Col. 11 while doing so, the balance at credit on June 30, 1979, may be rounded off to the nearest day.

4. The entry in Col. 6 should be in complete days. Fraction of a day will be rounded to the nearest day.

5. Period of extraordinary leave should be noted in red ink.

6. When commuted leave is granted under Rule (4) of F.R. 81-B, twice the amount of such leave shall be shown entries relating to leave on private affairs in columns 10 and 11. The period of Commuted leave granted should be shown in column 12 for remarks.

In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of Notification No. G–4–1072/X–92—201/76 dated 21-12-1992.

UTTAR PRADESH SHASAN

VITTA (SAMANYA) ANUBHAG—4.

NOTIFICATIONs

No. G-4—1O72/X-92—201/76

Dated Lucknow December 21, 1992

In exercise of the powers under Fundamental Rule 103 of the Uttar Pradesh Fundamental Rules, the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Subsidiary Rules.

THE UTTAR PRADESH SUBSIDIARY

(First Amendment) RULES, 1992

 

Short title and Commencement

Amendment of Subsidiary Rule-80

 

1. (1) These rules may be called the Uttar Pradesh Subsidiary (First Amendment Rules, 1992.

(2) They shall come into force at once.

2. In the Subsidiary Rules contained in Financial Hand Book, Volume II, Part I hereinafter referred to as the said Rules, for the existing rule 80, as set out in column 1 below the rule as set out in column 2 shall be substituted:-

Column—1

Column—2

Existing Subsidiary Rule-80

Subsidiary Rule-80 as hereby substituted.

80. Leave Account—The leave account required by Fundamental Rule-76 in Part-1 shall be maintained in Form Nos. 11 and 11-A (prescribed by the Auditor General) in respect of government servants under the special leave rules and ordinary leave rules respectively. The leave account required by rule-70 of the Uttar Pradesh Fundamental Rules be maintained in Form Nos. 11-B and 11-C.

80. Leave Account—The leave account required by Fundamental Rule-76 in Part-I shall be maintained in Form Nos. 11 and 11-A (prescribed by The Auditor General) in respect of Government servants under the special leave rules and ordinary leave rules respectively. The leave account required by rule 76 of the Uttar Pradesh Fundamental Rules shall be maintained in Form Nos. II-B, 11-C, 11-D and 11-E.

Amendment of Subsidiary rule 157-A

3. In rule 157-A of the said Rules, for sub-rules (1) and (3) set out in Column-l, below, the sub-rules as set out in Column 2, shall be Subsidiary sub-rules (1) and (3) as hereby substituted.

Existing subsidiary sub-rules (1) and (3)

(1) Earned Leave—A Government servant to whom these rules apply shall earn leave at one-eleventh of the period spent on duty from the date of commencement of the continuous service;

Provided that—

(1) Earned Leave —The following procedure shall 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 for the period spent on duty from

(i) when the total of his

the date of commencement of

earned leave amounts to one

continuous service;

hundred and eighty days he shall cease to earn such leave;

(i) Earned Leave shall be credited in advance, in the leave account of every government servant in two half yearly installments in each

(ii) subject to the provisions of Fundamental Rules 67 and 86-A;

(a) the maximum period of earned leave that may be granted to him at a time shall be one hundred and twenty days if spent in Asia;

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.

(b) earned leave may be granted to him exceeding a period of one hundred and twenty days but not exceeding one hundred and eighty days if the entire leave so granted or any portion there of is spent outside Asia but the period of such leave spent in India shall not in the aggregate exceed the limit of one hundred and twenty days;

(ii) when the total of earned leave amounts to one hundred and eighty days (raised to two hundred and forty days with effect from January 1, 1987) a Government servant shall cease to earn such leave.

Provided further that in the case of a government servant serving in a vacation department—

(iii) the 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.

(i) the 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.

(ii) if he is prevented by reason of government work from availing himself of the full vacation in any year, 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.

(iv) in the case of a government servant appointed on or after First January 1, 1978, earned leave shall be credited at the rate of 2 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) if in any year he does not avail himself of the vacation the earned leave admissible to him shall not be subject to any reduction;

(v) the credit afforded under clause (i) and (ii) above shall be reduced by one-tenth of period of extra-ordinary leave

(iv) vacation may be taken in combination with, or in continuation of, and kind of leave under these rules, provided that the total duration of vacation and earned leave taken in conjunction whether the 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 the first proviso to sub-rule (1) 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 only. Note-The provisions of subsidiary Rules 145 and 146 also apply in the case of government servants to whom these rules apply if belonging to vacation department, but the certificate prescribed in Note 2, under Subsidiary Rule 146 should, in the case of a gazetted government servant, be sent to the Accountant General along with the application and not immediately after the close of the vacation.

only availed of the during the previous half year subject to a maximum of fifteen days;

(vi) in the case of a government servant who ceases to be a government servant due to retirement, resignation, death or for any other reason in a particular half year, the earned leave shall be credited to his leave account at the rate of two and half days for each completed calendar month upto the date he ceases to be a government servant due to retirement, resignation, death or for any other reason. In such cases a deduction on account of extra ordinary 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 earned leave credited to his leave account for that particular half year. If the earned leave already availed of is more than the credit 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 should 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 over payment of leave salary has not been made;

(vii) while affording credit of earned leave fraction of a day shall be rounded off to the nearest day.

(viii) if a government servant is on leave on the last day of a half year he can be allowed by the authority competent to sanction leave 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 provided that he has reason to believe that the government servant shall return to duty on the expiry of his leave;

(ix) the leave accounts of government servants as they existed before the 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 to be maintained in Form 11 D, enclosed to these rules.

(x) every order sanctioning earned leave shall indicate the balance of earned leave at the credit of the government servant;

(xi) subject to the provisions of Fundamental Rules 67 and 86-AL—

(a) the maximum period of earned leave that may be

granted to a government ser-

vant 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 one hundred and twenty days but not exceeding one hundred and eighty 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 one hundred and twenty days;

(xii) 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 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, and kind of leave under these rules, provided that at the total duration of vacation and earned leave is taken in conjunction whether the 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.

Note:—The provisions of Subsidiary Rules 145 and 146 also apply in the case of government servants to whom these rules apply if belonging to a vacation department, but the certificate prescribed in Note 2 under Subsidiary Rule 146 should, in the case of a gazetted government servant, be sent to the Accountant General along with the leave application and not immediately after the close of the vacation.

(xiii) a government servant may be permitted to surrender a portion or earned leave at his credit and allowed cash

payment for leave so surrendered by him in accordance with the orders issued by Government in this regard from time to time.

(For detailed orders issued by Government, See Appendix ("C")

(3) Leave on Private Affairs:—

(3) Leave on Private Affairs:—

A Government servant to whom this Subsidiary Rule applies may also be granted leave on Private affairs not exceeding one hundred and twenty days in all during his entire temporary service provided that the leave shall not be admissible until after continuous temporary service of two years has been rendered. Such leave shall be earned by him at one-eleventh of the period spent on duty and when the leave earned amounts to sixty days, he shall cease to earn such leave:

(i) A Government servant to whom these Subsidiary Rules apply may also be granted leave on private affairs not exceeding one hundred and twenty days in all during his entire temporary service.

Provided that—

(a) leave shall not be admissible until after continuous temporary service of two years has been rendered.

(b) the post from which the government servant proceeds

Provided that—

on leave is likely to last till

his return to duty;

(i) the post from which the government servant proceeds on leave is likely to last till his return to duty; and

(ii) Every government servant shall be entitled to thirty-one days leave on private affairs in every calendar year,

(ii) the amount of leave on private affairs availed of by a government servant under Subsidiary Rule 157-A before the date of application of this rule shall be taken into account in calculating the leave due to him under this rule.

the Leave on private affairs shall be credited, in advance, in his leave account 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 sixty days a government servant shall cease to earn such leave.

(iv) the 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 do not exceed the limit of sixty days;

(v) in the case of a government servant appointed on or after 1st July, 1979, leave on private affairs shall be credited at the rate of 2 (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.

(vi) the credit afforded under clauses (i) and (ii) above shall be reduced by one-tenth or period of extraordinary leave only 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 for any other reason in a particular half year, the leave on private affairs shall be credited to his leave account at the rate of two and half days for each completed calendar month upto the date he ceases to be a government servant due to retirement, resignation, death or for any other reason. In such cases a deduction on account of extra-ordinary 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 that 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 should 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 over-payment 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) If a government servant is on leave on the last day of a half year he can be allowed by the authority competent to sanction leave 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 provided that he has reason to believe that the government servant shall return to duty on the expiry of his leave;

(x) the leave accounts of government servants as they existed before commencement

of these rules shall be closed and leave on private affairs at their credit on 30th June, 1979 shall be carried forward in their new leave account to be maintained in form 11-E enclosed to these rules;

(xi) every order sanctioning leave on private affairs shall indicate the balance of leave on private affairs at the credit of the government servant;

(xii) the maximum period of leave on private affairs that may be granted to a government servant at a time shall be sixty days.

Insertion of new Appendix ‘c’

4. In the said Rules, after Appendix ‘B’ the following Appendix shall be inserted namely:—

APPENDIX ‘C’

(See F.R. 81-B(I) (XII) and S.R. 157-A (I) (XIII). copy of Office Memorandum no. S.4-1905/X-81-202-70, dated October 30, 1981, Office Memorandum no. S-4-1022/-X85-205/84, dated June 13, 1985, and Office Memorandum no-S-4-488/X-200/88, dated August 25, 1989, as revised in pursuance of the pay scales recommended by the State Samiti appointed by the State Government for the revision of the pay scales of State employees, from Vishesh Sachiv, Uttar Pradesh Shasan, Vitta Samanya Anubagh (4) addressed to all Head of Department and Principal Heads of Offices, in Uttar Pradesh.

The undersigned is directed to say that at present in accordance with office Memorandum No.-S-4-851/X-81-202-70, dated May 28, 1981, read with G.C. No. S-4-1255/X-202-70, dated August 21, 1988, facility of encashment of one month/30 days leave on average pay/earned leave as the case may be, according to the applicability of pre-1930/post 1936, Leave Rules is admissible to such government servants as are drawing Rs. 1,000/- or less permensum as pay subject to certain conditions from their accumulated leave account only once in a calendar year without actually availing of the leave.

In pursuance of the decision taken by the Government on the recommendations of the second Pay Commission (1979-80) relating to encashment of leave the Government is pleased to order that hence forth the facility of encashment of earned leave shall be admissible subject to the following Conditions:—

(1) The facility of encashment of earned leave of 30 days in the case of government servants drawing Rs. 2900/- or less per month as pay and fifteen days in the case of Government servants drawing more than Rs. 2900/- per month as pay in the revised scales of pay from 1st January, 1986, as recommended by the pay Equivalence Committee and accepted by the Government, will be admissible without actually availing of the leave subject to the condition that at least sixty day earned leave invariably remains due in the leave account of the government servant concerned on the date of surrender after surrendering the said leave of 30 days/15 days. The provision of keeping at least days earned leave invariably due in the leave account after the surrender of leave has been made keeping in view the interests of the government servants with the object that they may avail of it as and when needed and may not be compelled to avail of leave on half pay/leave without pay.

(2) This facility of encashment of earned leave will be admissible also to All India Service Officers working under the State Government subject to the conditions mentioned in item no. (1) above, provided that this facility of encashment of leave will not be admissible to A.I.S. officers allotted to the State Government during the period of their deputation to Central Government.

(3) In the case of the State Government servants, including All India Service Officers, working in the existing scales of pay whose scales of pay have not been revised, dearness allowance equal to 70 percent of the basic pay and one-third amount of basic pay admissible on 1st January, 1980, will be added to their basic pay for the purpose of admissibility of encashment of leave and the facility of encashment of leave for 30 days/15 days shall be granted on the basis of pay arrived at in this manner.

(4) For the eligibility of facility of encashment of leave only the substantive pay as defined in F.R. 9. (21)(1) should be taken into account and other pays should be ignored.

(5) For the period of leave so surrendered such leave salary, non-practising allowance/pay, dearness allowance, city compensatory allowance and hill development allowance will be payable to the government servant concerned but house rent allowance will not be payable to him for the period of leave surrendered. This amount will be payable in full and no deduction will be made from it on account of provident fund, advance, house rent, dues of co-operative societies etc. The cash equivalent for the earned leave surrendered shall be calculated as indicated below:—

Cash equivalent for the earned leave surrendered

Pay and allowances admissible at the time of surrender of earned leave

No. of days of earned leave surrendered (30 days or 15 days as the case may be)

30

(6) The authority competent to sanction leave on average pay/earned leave will be competent to sanction the surrender of earned leave. The application for surrender of earned leave should be given in the prescribed application form (copy enclosed). It should be cearly mentioned by the government servants in their application relating to the encashment that on which particular date the surrender of earned leave is required by them and the leave will be treated as surrendered on the same date. Accordingly leave for 30 days/15 days should be deducted from the leave account of the government servant concerned on the date of surrender and a remark should be noted in his leave account that this deduction has been made as a result of surrender of leave by the government servant.

(7) The facility of surrender of earned leave will be admissible only once in a calendar year but in such cases in which the facility of encashment has been availed of under the existing orders during the current calendar year, the facility of encashment will not be admissible again under these orders during the current calendar year.

(8) The total of leave surrendered and earned leave/leave on average pay, as the case may be, taken in continuation of it at a time will not exceed the limit of leave due to the government servant or 120 days or four months, in case where pre-1936 rules are applicable, whichever is less.

(9) The facility of surrender of leave will not be admissible in cases where government servants are due to retire within a period of less than 30 days/15 days.

(10) The payment of leave salary and allowances for the period of leave surrendered should be made immediately after the date of surrender of leave to the non-gazetted government servants. So far as gazetted officers are concerned they may draw advance in this connection also under paragraph 249 (y) of Financial Hand-book, Volume V, Part I in the same manner as they can do in case of availing of earned leave upto 120 days. No deduction shall be made from the advance relating to the surrender of leave.

(11) This facility will be admissible also to those Government servants who are on deputation to Government of India or other State governments or on foreign service.

(12) In order to ensure that necessary entry regarding surrender of leave has been made in the leave account, so far as non-gazetted government servants are concerned, necessary details about surrender of leave shall be noted in their service books and leave accounts at the time of drawing leave salary relating to the leave surrendered. While drawing leave salary relating to the surrendered leave the Disbursing Officer shall give a certificate in the bill in which the leave salary is drawn to the effect that necessary entries as mentioned above have been made in the service books and leave accounts.

(13) The facility of depositing the amount received on accounts of leave surrendered in this way in the provident fund will also be available to the government servants, if they so desire but where the provident fund concerned is of a contributory nature, no government contribution of any kind will be admissible on such deposit.

2. These orders will come into force with effect from September 29, 1981.

APPLICATION FOR LEAVE/ENCASHMENT OF LEAVE

Notes—(1) Entries against items 1 to 10 will be filled in by all the applicants, whether they are gazetted officers or non-gazetted officers.

(2) Item 10 will be applicable only in case of encashment of leave.

1. Name of the applicant-----------------------------------------------------

2. Leave Rules applicable----------------------------------------------------

3. Designation------------------------------------------------------------------

4. Department/office----------------------------------------------------------

5. Pay---------------------------------------------------------------------------

6. From which date and upto which date the leave is required and its nature. From.............To.......

Nature of leave.............................

7. Purpose of the leave applied for...................................................................................

8. Duration and nature of last leave taken. From.................To........................

Nature of leave...........................................

9. Address during the period of leave......................................................

10. (a) (1) whether encashment for 30 days/15 days leave on average pay/earned leave is required?.....................

(2) If yes, then on which date...................................................................

(b) Have you availeo of the facility of encashment of leave before it during the current calendar years?........................

Signature of the applicant.

11. Remarks/recommendations of the forwarding officer

Date:

Signature

Designation.

12. Report of the competent authority according to S.R. 81, Financial Hand book, Volume II, Part II-IV.

(a) It is certified that under Fundamental Rule/Subsidiary Rule.......................of Financial Hand book Volume II, Parts II-IV the earned leave/leave on average pay applied for from....................................to.....................................is due.

(b) It is certified that the facility of encashment of leave as required at item 10 is due and admissible.

Date:

Signature

Designation.

13. Orders of the competent authority for sanction of leave and encashment of leave.

Date:

Signature

Designation,

Amendment of part IV of the Financial Hand-book, Volume II

5. In Part IV of the Financial hand-book Volume II,—

(i) for the existing Form No. 11 C set out in Appendix-1, the Form as set out in Appendix-2 shall be substituted;

(ii) after Form No. 11-C, Forms 11-D and 11-E as set out in Appendixes 3 and 4 respectively shall be inserted.

By order,

B. N. Tewari

Pramukh Sachiv.

No. Samanya-4-1072 (1)/X-92-201/76 of date

Copy forwarded for Information and necessary action to the following:—

1. Accountant General (Audit/Account I and II, U.P. Allahabad).

2. All Heads of Department and Principal Heads of offices. U.P.

3. All section of the Secretariate.

4. Director, Printing and Stationery, Uttar Pradesh, Allahabad. With the request that the notification may please to printed in the next issue of State Gazette.

By order,

(G. D. Dixit)

Joint Secretary

 

APPENDIX—1

FORM No. 11-C

(See Subsidiary Rule 80)

Form of Leave Account under the U. P. Fundamental Rules for government servants in superior service recruited on or after January 1, 1936 and inferior government servants.

Leave account of—————

Date of birth—————

Designation—————

Date of Commencement of continuous service—————

Date of substantive appointment to permanent post—————

Date of Compulsory retirement——

Period of duty

From

To

No. of days

Leave earned in days

Leave at credit in days (Col.4+Col.9)

1

2

3

4

5

Earned Leave

Leave taken

From

To

No. of days

Balance on return from leave in days (Col.5—8)

6

7

8

9

Leave on Private affairs

Leave earned in days

Leave at credit in days (Col.10+15)

Leave taken

No. of days

Balance on return from leave in days (Col. 11—14)

From

To

*) 10

11

12

13

14

15

Leave on medical certificate taken

From

To

Period against the limit of 12 months or 4 months as the case may be

Period against the limit of 6 months under the first proviso to rule 2 (i) of F. R. 81—B

16

17

18

19

Extraordinary Leave

From

To

Period

Remarks

20

21

22

23

Instruction for Filling of Form No. 11—C

1. The form is intended for the maintenance of leave accounts of government servants whose leave is regulated under F.R. 81-B and S.R.-157-A, as in force with effect from April 1, 1960.

2. The earned leave and leave of private affairs mentioned in columns 4 and 10 should be calculated at 1/11th of the period spent on duty as shown in column-3.

3. In the case of government servants belonging to vacation departments 30 days of earned leave should be shown as leave taken in column 8 for each year of duty in which full vacation is availed of and the fact of having availed vacation indicated in column 23 for remarks See also the second proviss to F.R. 81-B (1) and S.R. 157—A (1).

4. The leave medical certificate of government servants holding lien on permanent posts, to the extent of twelve months on average pay or average substantive pay or full pay, as admissible under rule 2(i) of F.R. 81-B, is to be entered in column 18 leave on medical certificate in excess of twelve months, up to the limit of six months on half average pay or half average substantive pay or half pay, as admissible under the first proviso to rule (2) (i) should be entered in Column 19.

5. The leave on medical certificate of government servants not holding lien on any permanent post, to the extent of four months on average pay or full pay as admissible under rule (2) of S.R. 157-A, should also be entered in column 18.

6. The progressive total leave on medical certificate and leave on private affairs should be noted in red ink below the entry of period (in black ink) on each spell such leave is taken in columns 18, 19 and 14.

7. When commuted leave is granted under rule (4) of F.R. 81-B twice the amount of such leave shall be shown in the entries relating to leave on private affairs in columns 14 and 15. The period of commuted leave granted should be shown in column 23 for remarks.

8. In the case of extraordinary leave granted under S.R. 157-A; it should be mentioned in column 23 that under which particular provision of the above rule the leave has been granted and where the leave has been granted under classes 4 (s) (iv) of this rule the progressive total of the leave taken should also be noted in column 23.

 

APPENDIX—2

FORM No. 11-C

(See Subsidiary Rule 80)

Form of Leave Account for leave other than earned leave and leave on private affairs under the U.P. Fundamental Rules for government servants in superior service recruited on or after January 1, 1936, and inferior government servants.

Leave account of.........................................................Date of birth...........................................

Designation.................................................................................................................................

Date of commencement of continuous service...........................................................................

Date of substantive appointment to permanent post...................................................................

Date of compulsory retirement...................................................................................................

Period of duty

Leave on medical certificate taken

From

To

From

To

Period against the limit of 12 months or 4 months as the case may be

Period against the limit of 6 months under the first proviso to rule 2 (i) of F.R. 81-B

1

2

3

4

5

6

Extra ordinary Leave

From

To

Period

Remarks

7

8

9

10

Instructions for Filling of Form No. 11-C

1. The form is intended for the maintenance of leave accounts of government servants whose leave is regulated under F.R. 81-B and S.R. 157-A, as in force with effect from April 1, 1966.

2. The leave on medical certificate of government servants holding lien on permanent posts to the extent of twelve months on average pay or average substantive pay or full pay, as admissible under rule (2)(i) of F.R. 81-B is to entered in Column 5, leave on medical certificate in excess of twelve months, up to the limit of six months on half average pay or half average substantive pay or half pay, as admissible under the first proviso to rule (2) (i) should be entered in column 6.

3. The leave on medical certificate of government servants not holding lien on any permanent post, to the extent of four months on average pay or full pay as admissible under rule (2) of S.R. 157-A, should also be entered in column 5.

4. The progressive total leave on medical certificate should be noted in red ink below the entry of period (in black ink) on each spell such leave is taken in columns 5 and 6.

5. In the case of extraordinary leave granted under S.R. 157-A, it should be mentioned in column 10 that under which particular provision of the above rule the leave has been granted and where the leave has been granted under clause (4) (a) (iv) of this rule the progressive total of the leave taken should also be noted in column 10.

APPENDIX—3

FORM No. 11-D

(See Subsidiary Rule 80)

Form of Leave Account of earned leave under the U. P. Subsidiary Rules

Name of Government Servant.................................................................................Designation..............................................

Date of birth..............................................................................................................................................................................

Date of commencement of continuous service....................................................

Date of permanent employment...............................................................................................................................................

Date of retirement/resignation/termination of service...............................................................................................................

Particulars of service in the calendar half-year

Completed months of Service in the calendar half-year

Earned leave credited at the beginning of half-year

Number of days of extraordinary leave availed of during the previous calendar half-year

From

To

1

2

3

4

5

 

Earned leave to be deducted (1/10th of the period in col. 5)

Total Earned leave at credit in days (col. 4+11—6)

Leave Taken

No. of days

Balance of Earned leave on return from leave (Col. 7—10)

Remarks

From

To

6

7

8

9

10

11

12

INSTRUCTIONS

Notes—1. The Earned Leave due should be expressed in days.

2. When a government servant is appointed during the course of a particular calendar half-year, Earned Leave should be credited at 2 1/2 days for each completed month of service in the calendar half-year in which he is appointed and the fraction of a day will be rounded to the nearest day.

3. The old leave account of the Earned Leave in respect of existing government servant has to be closed and the balance as on December 31, 1977, will have to be carried forward to the new account in Col. 11, while doing so, the balance at credit on December 31, 1977, may be rounded off to the nearest day.

4. The entry in Col. 6 should be in complete days. Fraction of a day will be rounded to the nearest day.

5. Period of extraordinary leave should be noted in red ink.

APPENDIX—4

FORM No. 11-E

(See Subsidiary Rule 80)

Form of Leave Account of Leave on Private Affairs under the U.P. Subsidiary Rules.

Name of Government Servant..........................................................................................Designation......................................................

Date of birth...............................................................................................................................................................................................

Date of commencement of continuous service............................................................................................................................................

Date of permanent employment..................................................................................................................................................................

Date of retirement/resignation/termination of service.................................................................................................................................

Particular of service in the calendar half-year

Completed months of Service in the calendar half-year

Leave on Private affairs created at the beginning of half-year

Number of days of extraordinary leave availed during the previous calendar half-year

From

To

1

2

3

4

5

 

Leave on Private affairs to be deducted (1/10th of the period in Col. 5)

Total Leave on Private affairs as credit in days (Col. 4-11-6)

Leave Taken

No. of days

Balance of Leave on Private affairs on return from leave (Col. 7-10)

Remarks

From

To

6

7

8

9

10

11

12

INSTRUCTIONS

Notes. 1. The Leave on Private affairs due should be expressed in days.

2. When a government servant is appointed during the course of a particular calendar half-year, Leave on Private affairs should be credited at the rate of 2 1/2 days for each completed month of service in the calendar half-year in which he is appointed and the fraction of a day will be rounded to the nearest day.

3. The old leave account of the Leave on Private affairs in respect of existing government servant has to be closed and the balance as on June 30, 1979 will have to be carried forward to the new account in Col. 11 while doing so, the balance at credit on June 30, 1979 may be rounded off to the nearest day.

4. The entry in Col. 6 should be in complete days. Fraction of a day will be rounded to the nearest day.

5. Period of extraordinary leave should be noted in red ink.

PSUP (Re.) 1 Sa.Vit./601—21-12-83—20,000 Books.

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