Showing posts with label CCS (Leave) Rules. Show all posts
Showing posts with label CCS (Leave) Rules. Show all posts

Clarification on reckoning of period of “Dies non” while & granting ACP / MACP to officials.

File No.4-7/ (MACPS)/ 2009-PCC
Ministry of Communications & IT
Government of India
Department of Posts
Pay Commission Cell
Dak Bhawan, Sansad Marg,
New Delhi-110001

Dated 24 Dec 2013.

To,
All Head of Circles,
All Postmaster Generals,
All Directors of Accounts

Sub: – Clarification on reckoning of period of “Dies non” while & granting ACP / MACP to officials.

The issue of counting the period of “Dies non” for the purpose of ACP / MACP was raised in JCM (DC). The issue was examined in consultation with DoPT. The Nodal Department has clarified the issue vide DOFF ID NO. 78961/13/CR dated 14.11.13 as below:-

Timely payment of dues of encashment of leave to Government servants retiring on attaining the age of superannuation - need to obviate delays in payment of such dues – regarding.

No. 18019/6/2013-Estt(L)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, the 21st October, 2013

OFFICE MEMORANDUM

Subject: Timely payment of dues of encashment of leave to Government servants retiring on attaining the age of superannuation - need to obviate delays in payment of such dues – regarding.

   The undersigned is directed to state that in terms of the provisions of rule 39 of the CCS(Leave) Rules, 1972, the authority competent to grant leave is suo mote required to issue an order granting cash equivalent of leave salary for both earned leave and half pay leave, if any, at the credit of the Government servant on the date of his retirement, subject to the prescribed limits.

Consolidated instructions relating to action warranted against Government servants remaining away from duty without - authorisation/grant of leave — Rule position.

No. 13026/3/2012-Estt (Leave)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)

New Delhi, the 28th March, 2013.

OFFICE MEMORANDUM

Subject:- Consolidated instructions relating to action warranted against Government servants remaining away from duty without - authorization/grant of leave — Rule position

   The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularization of unauthorized absence. It has been observed that due seriousness is not being accorded by the administrative authorities to the various rule provisions, inter alia under the CCS(Leave) Rules, 1972, for taking immediate and appropriate action against Government servants staying away from duty without prior sanction of leave or overstaying the periods of sanctioned leave. It is reiterated that such absence is unauthorized and warrants prompt and stringent action as per rules. It has been observed that concerned administrative authorities do not follow the prescribed procedure for dealing with such unauthorized absence.

   2. In view of this, attention of all Ministries/Departments is invited to the various provisions of the relevant rules, as indicated in the following paragraphs for strict adherence in situations of unauthorized absence of Government servants. It is also suggested that these provisions may be brought to the notice of all the employees so as to highlight the consequences which may visit if a Government servant is on unauthorized absence. The present OM intends to provide ready reference points in respect of the relevant provisions, hence it is advised that the relevant rules, as are being cited below, are referred to by the competent authorities for appropriate and judicious application. The relevant provisions which may be kept in mind while considering such cases are indicated as follows:

(a) Proviso to FR 17(1)

   The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.

(b) FR 17-A

   The said provision inter alia provides that where an individual employee remains absent unauthorisedly or deserts the post, the period of such absence shall be deemed to cause an interruption or break in service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession and eligibility for appearing in departmental examinations, for which a minimum period of service is required.

(c) Rule 25 of the CCS Leave Rules 1972

   The said provision addresses the situation where an employee overstays beyond the sanctioned leave of the kind due and admissible, and the competent authority has not approved such extension. The consequences that flow from such refusal of extension of leave include that:

   i. The Government servant shall not be entitled to any leave salary for such absence;

   ii. The period shall be debited against his leave account as though it were half pay leave to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.

   iii. Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.

   With respect to (iii) above, it may be stated that all Ministries/ Departments are requested to ensure that in all cases of unauthorised absence by a Government servant, he should be informed of the consequences of such absence and be directed to rejoin duty immediately/ within a specified period, say within three days, failing which he would be liable for disciplinary action under CCS (CCA) Rules, 1965. It may be stressed that a Government servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribed under the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be conducted and concluded as quickly as possible.

(d) Rule 32 (6) of the CCS (Leave) Rules, 1972
 
   This provision allows the authority competent to grant leave, to commute retrospectively periods of absence without leave into extraordinary leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the CCS (Pension) Rules, 1972. It may please be ensured that discretion allowed under these provisions is exercised judiciously, keeping in view the circumstances and merits of each individual case. The period of absence so regularised by grant of extra ordinary shall normally not count for the purpose of increments and for the said purpose it shall be regulated by provisions of FR 26(b) (ii).

   3. All Ministries/ Departments should initiate appropriate action against delinquent Government servants as per rules.
 
   4. Hindi version will follow.

Sd/-
[Mukesh Chaturvedi]
Deputy Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_3_2012-Estt-Leave.pdf

CCS (JOINING TIME) RULES Latest DoPT Order 2012

CCS (JOINING TIME) RULES 

   In exercise of the powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:—

1. Preliminary

   (1) These rules may be called the Central Civil Services (Joining Time) Rules, 1979.

   (2) They shall come into force on the date of issue of this Notification and shall apply to transfers effected on/or after that date.

   (3) These rules shall apply to all Government servants appointed in Civil Services and posts under the Central Government including work-charged staff but shall not apply to -

      (a) Railway employees,

     (b) Armed Forces Personnel and those paid from the Defence Services Estimates,

    (c) Government servants engaged on contract and those who are not in whole-time employment of Government.

AIS(LTC) Rules, 1975 — application of relaxation under CCS Rules to visit North Eastern States and J&K in lieu of one LTC(Home Town) - reg.

No.11022/2/2008-AIS-11
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110001
Dated, the 29th  June, 2012.

To
The Chief Secretaries of all the
State Governments and UTs.

Subject: -  AIS(LTC) Rules, 1975 — application of relaxation under CCS Rules to visit North Eastern States and J&K in lieu of one LTC(Home  Town) - reg.

Central Civil Services (Leave) (Third Amendment) Rules, 2012.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY.
PART II, SECTION-3, SUB-SECTION (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

NOTIFICATION

New Delhi, the 9th April, 2012.

   G.S.R..... - In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules. 1972, namely:-

   1. (1) These rules may be called the Central Civil Services (Leave) (Third Amendment) Rules, 2012.

   (2) They shall come into force on the date of their publication in the Official Gazette.

   2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to as the said rules), in rule 43-AA, the existing “Note” shall be numbered as “Note I” and after Note 1 as so renumbered, the following note shall be inserted, namely:-

   Note 2:- “Child for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

   3. In the said rules, in rule 43-B, the following note shall be inserted, namely:-

   Note :- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

[F.No. 13026/5/2011 - Estt.(L)

sd/-
(Mamta Kundra)
Joint Secretary to the Government of India

   Note: The principal rules were published vide Notification No. S.O. 940, dated the 8th April, 1972 and were last amended vide notification number G.S.R..., dated the 29th March, 2012.

Source:http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_5_2011-Estt.L-04042012.pdf

CCS(Leave) (Second Amendment) Rules, 2012.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRA ORDINARY, PART II,
SECTION-3, SUB-SECTION (i) ]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, the 28th March, 2012.

NOTIFICATION

   GSR...(E)... In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely: -

   I. (I) These rules may be called the Central Civil Services (Leave) (Second Amendment) Rules, 2012.

      (2) They shall come into force on the date of their publication in the Official Gazette.

   2. In the Central Civil Services (Leave) Rules, 1972, for rule 12, the following rule shalt be substituted, namely:-

   "12.(l) No Government Servant shall be granted leave of any kind for a continuous period exceeding five years.

   (2) Unless the President, in view of the exceptional circumstances of the case, otherwise determines, a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Government service:

   Provided that a reasonable opportunity to explain the reasons for such absence shall be given to that Government servant before provisions of sub-rule (2) are invoked”.

[F.No.13026/2/2010-Estt.(L)]

sd/-
(Mamta Kundra),
Joint Secretary to the Government of India.

   Note: The principal rules were published vide Notification No. S.O. 940, dated the 8th April,1972 and were last amended vide Notification number G.S.R dated 28th March, 2012.

Source:http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_2_2010-Estt-L-A.pdf

CCS(Leave) (Amendment) Rules. 2012.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION-3, SUB-SECTION (i) 1

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Notification

New Delhi, the 28th March, 2012.

   GSR....... In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

   I. (1) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2012.

      (2) They shall come into force on the date of their publication in the Official Gazette.

   2. In the Central Civil Services (Leave) Rules, 1972, in rule 39-D, the following Note shall be inserted, namely:-

   “Note.- The expression ‘permanent absorption’ used in rule 39-D shall mean the appointment of a Government servant in a Public Sector Undertaking or an Autonomous Body, for which he had applied through proper channel and resigns from the Government service to take up that appointment.”

[F.13026/3/2011-Estt.(L)]

sd/-
(Mamta Kundra)
Joint Secretary to the Government of India

   Footnote: The principal rules were published vide Notification No.S.O. 940, dated the 8th April, 1972 and were last amended vide Notification number G.S.R. 898(E) dated the 26th December, 2011.

Source:http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_3_2011-Estt-L.pdf