Rules made by the Governor under Fundamental Rule 68

NOTE—(1) The provisions of the rules in this chapter, so for as they are applicable to government servants under the rule making control of the Secretary of State, are the same as in the original Subsidiary Rule (in Chapter VII of the fourth edition, 1936, of the Financial Handbook, Volume II) as they stood on March 31, 1937. The rules in this chapter, in their application to above government servants should now be deemed by virtue of section 276 of the Government of India Act, 1935, as rules made by the Secretary of State under section 247(1)(a) of the said Act and are consequently alterable by that authority alone in their application to such government servants.

NOTE—(2) The conditions under which vacation may be combined with leave are stated in Fundamental Rule 82(d) and the rules in Chapter XI of these rules. Subject to those conditions, vacation for the purpose of the above rules will be treated as a gazetted holiday; if it is necessary to make any arrangement for work during vacation, it should be done without extra expense.

38. When the day immediately preceding the day on which a government servant’s leave begins, or immediately following the day on which his leave or joining time expires, is a holiday, or one of a series of holidays, the government servant may with the permission of the competent authority leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays: provided that—

(a) his transfer or assumption of charge does not involve the handing or taking over of securities or of monies other than a permanent advance;

(b) his early departure does not entail a correspondingly early transfer from another station of a government servant to perform his duties; and

(c) the delay in his return does not involve a corresponding delay in the transfer to another station of the government servant who was performing his duties during his absence, or in the discharge from Government service of a person temporarily appointed to it.

NOTE—(1) Proviso (a) to this rule applies also when the transfer or assumption of charge involves handing or taking over of stamp and opium balances at a treasury.

NOTE—(2) It is not permissible to prefix holidays to joining time in any circumstances.

NOTE—(3) Where a government servant has been allowed to combine leave with holidays, or to affix holidays to joining time, a specific order or the authority competent to sanction leave or transfer permitting such combination is necessary and should be communicated in each case to the Accountant General for audit purposes.

NOTE—(4) The grant of permission to combine leave with holidays and to affix holidays to joining time should be so regulated that both the relieved and relieving government servants do not take advantage of the same holiday or holidays.

39. On condition that the departing government servant remains responsible for the monies in his charge a competent authority may declare that proviso (a) under rule 38 is not applicable to any particular case.

40. Unless the competent authority in any case otherwise direct—

(a) if holidays are prefixed to leave, the leave and any consequent re-arrangement of pay and allowances take effect from the first day after the holidays, and

(b) if holidays are affixed to leave or joining time, the leave or joining time is treated as having terminated on, and any consequent re-arrangement of pay and allowances takes effect from, the day on which the leave or joining time would have ended if holidays had not been affixed.

41. In deciding whether the absence of a Government servant involves the transfer of a government servant from another station for the purpose of provisos (b) and (c) of rule 38 above, account should be taken only of the substitute who takes the place of the absent government servant, not of all government servants in the chain of arrangements arising from one government servants absence of leave.

42. * * *

42-A. In the case of district and sessions judges and civil and sessions judges, the vacation will be treated as holidays and may be prefixed or suffixed to leave subject to the following conditions:

(1) that no extra expenditure is incurred by the Government for the period of the vacation;

(2) that vacation is not both prefixed and suffixed to leave;

(3) that such vacation will be reckoned as leave in calculating the maximum amount of leave on average pay which may be included in the particular period of leave, save that in the case of a government servant subject to the ordinary leave rules, the holidays are combined with leave on average pay for any period not exceeding four months taken by itself;

(4) that such vacation is treated as the equivalent of leave on average pay for the purpose of determining the period during which leave-salary is subject to the monthly maxima prescribed in Fundamental Rule 89;

(5) that such vacation is included in the maximum period of absence from duty prescribed in Fundamental Rule 81 (d).

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