Maternity leave and leave on account of ill-health shall be not debited to the government servant’s leave account.

(For rules made by the Governor under rule 101, see Part III of this Volume, Chapters XIII and XIV).

102.***

103. The leave which may be earned by—

(a) temporary and officiating service;

(b) service which is not continuous; and

(c) part-time service, or service which is remunerated wholly or partly by the payment of honoraria or daily wages,

shall be such as the Governor may by rule or order prescribe.

Orders of the Governor regarding rule 103

The service of a pensioner re-employed after having retired on superannuation or retiring pension should be regarded as temporary for the purpose of rule 103, and leave may be granted to him in accordance with the rules framed under rule 103(a).

(For rules made by the Governor under rule 103, see Part III of this Volume, Chapters XV and XVI).

Orders of the Governor prescribing the leave terms for government servants engaged on contract

1. These leave terms shall apply to—

(a) government servants of Asiatic domicile engaged on contract on or after January 1, 1936, whether in India or abroad, and

(b) government servants of non-Asiatic domicile engaged on contract on or after the date mentioned above, but not specially recruited overseas for service under the Government.

NOTES—(1) Government servants of non-Asiatic domicile engaged on contract who may be specially recruited overseas on or after January 1, 1936 shall be subject to such leave terms as may be prescribed by the Governor in each case.

(2) Government servants of Asiatic domicile engaged on contract before January 1, 1936, shall be entitled to leave under Subsidiary Rule 157.

2. Where the contract is for one year or less, earned leave admissible will be at one-twenty-second of the period spent on duty. Though ranking as earned leave, this may be granted only on medical certificate and if subsequently it becomes necessary to grant the government servant further leave, after the earned leave has been exhausted, leave on medical certificate may be granted to him subject to the condition that the total period of the two kinds of leave does not exceed 1/11th of the period spent on duty.

If the government servant serves in a vacation department, earned leave will not be admissible but he may be granted, absolutely necessary leave on medical certificate to the extent of 1/22nd of the period spent on duty.

3. Where the contract is for more than one year but not more than five years, leave on medical certificate may be allowed in addition to earned leave in accordance with the provisions of Subsidiary Rule 157-A subject to a maximum of four months in all during the period of contract. In addition, extraordinary leave may be granted in special circumstances when no other leave is admissible subject to a total maximum limit of three months in respect of such leave.

If the government servant serves in a vacation department, earned leave will not be admissible.

4. Where the contract is for a longer term than five years or an original contract for five years or less is extended so as to make the total period of contract longer than five years, leave admissible to a permanent government servant under rule 81-B may be allowed subject to the restrictions that no leave on private affairs will be granted and that the leave on medical certificate will be limited to six months in all. In the case of extension of contract to a period longer than five years the government servants will be credited with the earned leave that would have been admissible had the contract been initially one of more than five years diminished by any earned leave already taken and leave on medical certificate if any already taken will count against the six months’ limit prescribed above.

5. Where the contract is for an indefinite period, or an original contract for a definite period, is extended for an indefinite period, the leave terms for permanent government servants laid down in rule 81-B will be made applicable but the provisions of rule 87-A will not apply to them. In the latter case, i.e. when an original contract for a definite period is extended for an indefinite period, the government servant will be credited with the earned leave that would have been admissible had the contract been initially one for an indefinite period diminished by any earned leave already taken and leave on medical certificate, if any already taken, will count against the limit prescribed, in a clause 2(b) of rule 81-B.

6. In the case of government servants falling under paragraph 3 above, earned leave may be granted after the expiry of the contract only when it has been applied for during the period of the contract and refused owing to the exigencies of the public service. A government servant whose services are dispensed with on grounds of ill-health may be permitted to take all earned leave due to him before his service is terminated.

7. The leave salary during leave taken under the above paragraphs will be regulated as follows:

(i) A government servant on earned leave will be entitled to leave-salary equal to his average pay.

(ii) A government servant on leave on private affairs or on medical certificate will be entitled to leave-salary equal to half his average pay subject in either case to a maximum of Rs. 750.

NOTE—Average pay means the average monthly pay earned during the twelve complete months preceding the month in which the event occurs which necessitates the calculation of average pay.

(iii) A government servant on extraordinary leave will not be entitled to any leave-salary.

8. A government servant initially engaged on contract will become subject to the leave terms prescribed in this chapter for government servants recruited to service; or posts under the Government on or after January l, 1936, in their entirety on his being taken into permanent employment after the expiry of his contract. In such a case the government servant will be credited with the earned leave that would have been admissible had his previous duty been duty as government servant in permanent employ diminished by any earned leave already taken, and leave on medical certificate, if any already taken will count against the limit prescribed in clause 2(b) of rule 81-B.

104. During their period of probation or apprenticeship, probationers and apprentices are entitled to leave as follows:

(a) if appointed under contract in the United Kingdom with a view to permanent service in India, or if appointed in the United Kingdom to posts created temporarily with the prospect, more or less definite, of becoming permanent:

(i) to such leave as is prescribed in their contracts, or, when no such prescription is made;

(ii) (1) when the period of probation is not less than three years, to the same leave which would be admissible if they held permanent posts; or

(2) when the period of probation is less than three years, to leave on average pay up to one-eleventh of the period spent on duty, to which may be added, on medical certificate, leave on half average pay; provided that the total leave granted under this clause shall not exceed three months reckoned in terms of leave on average pay; and

(b) If appointed otherwise, to such leave as is admissible under rules framed by the Governor on this behalf.