CHAPTER XVI—LEAVE ADMISSIBLE TO PART-TIME LAW OFFICERS AND GOVERNMENT SERVANTS REMUNERATED BY FEES, PIECE-WORK, OR DAILY WAGES.

162. A law officer holding one of the posts mentioned in Fundamental Rule 99 in Part I of this Volume and a Government Pleader, Deputy Government Advocate, Junior Standing Counsel, Law Reporter, Assistant Law Reporter or Government Prosecutor if his pay is fixed at definite rate but his whole-time is not retained for the service of the Government, may be granted leave as follows:

(a) Leave on average pay during the vacation of the High Court of Judicature at Allahabad or the Chief Court of Oudh within whose jurisdiction he serves; provided that no extra expense is thereby caused to the Government. Such leave will be counted as duty.

(b) Leave on half average pay for not more than six months once only in his service after six years of duty.

(c) On medical certificate, leave on half average pay up to a maximum of 20 months at any one time; provided that three years of duty must intervene between any two periods of leave on medical certificate.

(d) On the conditions prescribed in Fundamental Rule 85, extraordinary leave.

Exception—This rule shall also apply to a law officer, a Government Pleader, Deputy Government Advocate, Junior Standing Counsel, Law Reporter, Assistant Law Reporter or Government Prosecutor appointed on or after January 1, 1936, except that the grant of leave on medical certificate to him shall be regulated by sub-clause (b) of clause (2) of' rule 81-B of the Uttar Pradesh Fundamental Rules. His leave salary shall, however, continue to be calculated in the manner prescribed for officers appointed before that date.

NOTE—When a law officer who held a part-time appointment on December 31, 1921, takes leave, his pay at the time of taking leave may be treated as his average pay for the purpose of this rule.

163. Leave under any one of the clauses of rule 162 may be combined with leave under any other clause.

NOTE—The remuneration receivable by the Advocate General during leave is as admissible under rules 162 and 163 above and this has been determined by the Governor under sub-section (3) of section 55 of the Act.

164. A government servant remunerated by honoraria may be granted leave on the terms laid down in rules 162 and 163 above, provided that he makes satisfactory arrangements for the performance of his duties, that no extra expense is caused to the Government, and that during leave of the kind contemplated by clause (b) of rule 162 the whole of the honoraria are paid to the person who officiates in his post.

165. * * * *

165-A. The following rules regulate the grant of leave to piece-workers employed in the Uttar Pradesh Government Central Press who are not classed as inferior:

1. (a) Leave on full pay will be granted to permanent piece-workers and on half pay to temporary piece-workers according to their service as shown below:

Exception—Those piece workers, whether permanent or temporary, who were recruited before 26th February, 1941 and who were entitled to 31 days’ leave in each calendar year after putting in service exceeding 25 years, will continue to enjoy this concession.

(b) Leave under sub-rule (a) will be non-cumulative, i.e. any leave not taken during the year will lapse without any monetary compensation.

(c) Gazetted holidays actually enjoyed may, at the option of the piece-worker, be counted against leave admissible to him under sub-rule (a) and, if so counted, will be paid for. But a Sunday at the commencement and/or conclusion of the period of leave will not be paid for.

(d) The grant of leave under these rules cannot be claimed as a right and can be refused on administrative grounds. It may also be withheld from piece-workers who have been irregular in attendance.

2. Leave on medical certificate on half pay will be earned at the rate of one month's pay for every complete period of twenty-two months’ duty, and as regards incomplete periods one day’s leave for every twenty-two days duty. It will be cumulative up to a limit of six months and will be granted only when no leave is admissible under rule 1 above.

3. Leave without pay may be granted when no other leave is due.

4. No continuous period of leave with pay to permanent piece-worker shall exceed six months or in the case of a temporary piece-worker three months; any extension over either period shall be leave without pay. Leave on medical certificate on half pay shall not be granted to any piece-worker for more than twelve months during his service.

5. Injury leave on half pay may be granted from the commencement of disablement to a piece-worker who is injured in circumstances which would give rise to claims for compensations in the case of a workman as defined in the Workmen’s Compensation Act, 1923 (VIII of 1923) whether or not proviso (a) to sub-section (1) of section (3) of the Act is applicable to him. This leave shall be continued as long as is necessary subject to a limit of one year for any one disability and three years during a piece-worker’s total service. It shall not be taken into account in calculating the limits laid down in rules 2 and 4. Leave-salary payable under this rule will in the case of a workman to whom the Workmen’s Compensation Act applies be reduced by the amount of compensation payable under section 4 (1) D of the said Act.

NOTE—For the purposes of the foregoing rules "pay" means the minimum of a piece-worker’s grade rate.

6. A piece-worker transferred to the temporary salaried establishment for a period of less than twelve months continuously shall be eligible only for such leave and on such pay as would have been admissible to him under these rules if he had continued to work as a piece-worker in the plains. Where the transfer is for a period of more than 12 months continuously, leave rules as applicable on the date of transfer, to the salaried staff shall apply to a piece-worker on his transfer to the salaried establishment. Any leave under piece-work terms which may be due to him on the date of transfer shall, to the extent permissible under the rules, be credited to his leave account.

7. A salaried worker on his transfer to the piece establishment for a period of more than 12 months continuously shall be governed by these leave rules. Earned leave due to him at the time of transfer shall, to the extent permissible under the rules, be credited to his leave account.

166. A labourer employed in a Government workshop or other similar institution when temporarily absent from work owing to injury received while on duty may be granted leave on full pay by the head of the department for a period not exceeding three months, which may be extended on half pay thereafter up to six months with the previous sanction of the Government.

NOTE—The limits prescribed above are to be regarded as inclusive of compensation under section 4(1)D of the Workmen’s Compensation Act, where that is payable.

167. A female servant employed at piece rates or daily rates in a permanent or quasi-permanent government institution or concern may be granted by the head of the department maternity leave on the same conditions and terms as laid down in rule 153.