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R.1 .

1. These rules may be called the Leave Rules, 1934. They shall come into force with effect from 1st March, 1934.

R.2 .

2. Subject to the exception hereinafter contained, these rules, shall apply to the following classes of persons employed in a service whose domicile is Asiatic or who, if their domicile is non-Asiatic, have not been specially recruited overseas for service in India and who are under the rule-making control of the Governor of Assam:-

(i) all persons who enter or have entered or are or have been employed in Government service, whether in a permanent or other capacity, on or after 1st March, 1934;

(ii) persons who were in service whether in a permanent or other capacity on 1st March, 1934, if there is break in their service after that date;

(iii) persons who were in service whether in a permanent or other capacity on 1st March, 1934, and who elect within six months from the said date to come under these rules. Such election, when once made shall be final;

(iv) persons

R.3 .

3. In these Rules-

(i) "Leave" includes earned leave, half pay leave on private affairs and medical certificate, commuted leave, leave not due and extraordinary leave;

(ii) "Earned leave" means leave earned as per provisions of Rule 9 of these rules;

(iii) "Half pay leave" means leave earned in respect of completed years of service;

(iv) "Earned leave due" means the amount of earned leave to the credit of an officer on the 30th September, 1956, under the rules in force on that date plus the amount of earned leave, calculated as prescribed in Rules 9, and 12, as the case may be, diminished by the amount of the earned leave taken after the 30^th September, 1956;

Note - In the case of an officer mentioned in Clause (iv) of Rule 2, the leave on average pay to his credit on the 30th September, 1956 shall, subject to the appropriate

R.4 Leave cannot be claimed as of right

4. Leave cannot be claimed as of right - Discretion is reserved to the authority empowered to grant leave to refuse or revoke leave at any time according to the exigencies of the public service.

R.5 .

5. Unless the Governor shall otherwise determine, after five years' continuous absence from duty - elsewhere than in Foreign service in India, whether with or without leave, a Government servant shall be removed from service after following the procedure laid down in the Assam Services (Discipline and Appeal) Rules, 1964. (This takes effect from 26-6-1968)

R.6 .

6. Any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.

Note - The authority which granted leave to a Government servant can commute it retrospectively into leave of a different kind which may be admissible but the Government servant concerned cannot claim it as a matter or right.

R.7 .

7. No leave shall be granted beyond the date on which an officer must compulsorily retire:-

Provided that if in sufficient time before the date of compulsory retirement an officer has been denied in whole or in part, on account of exigencies of public service, any leave applied for and due as preparatory to retirement, then he may be granted, after the date of compulsory retirement the amount of earned leave which was due to him on the said date of compulsory retirement subject to the maximum limit of 120 or 180 days, as prescribed in Rule 9, so long as the leave so granted, including the leave granted to him between the date from which the leave preparatory to retirement was to commence and the date of compulsory retirement, does not exceed the amount of leave preparatory to retirement actually denied, the half pay leave if any, applied for by an officer preparatory to retirement and denied on the exigencies of public service being exchanged w

R.8 .

8. Subject to the provision of Rules 4 and 7, an officer may at any time be granted the whole or any part of the earned leave due to him.

Auditor General’s decision - In respect of the Government servants who are governed by these Leave Rules account need not be maintained in the forms prescribed in paragraph 33 of the Instructions issued by the Auditor General under F.R 74 The leave accounts are to be maintained in Form No. 70 (Assam Schedule III-I) as per instructions in the remarks column.

R.9 .

9.1. (a)

(i) A Government servant who is serving in a Department other than a Vacation Department shall be entitled to earned leave for 30 days in a calendar year;

(ii) The leave account of every Government servant shall be credited with earned leave in advance in two instalments of 15 day each on the first January and July every year.

(b) The leave at the credit of Government servant at the close of the previous half year shall be carried 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 maximum limit of 300 days.

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1. Substituted for the figure and words “180 days” by “240 days” in Rule 9(1)(b) and in Exception vide Notification No. FEG. 46/78/164 Dated 3^rd March, 1987, and the existing maximum limit of “240 days” effect from

R.10 .

10. deleted. [Deleted 10 and 11 vide Noti. No. FEG. 46/74/107, dated 1-10-1981]

R.11 .

11. deleted. [Substitution the Rule 12(a) and 12(b) by Ibid, and 12(a) again substituted vide Notification No. FEG. 18/93/31, dated 13^th June, 1995]

R.12 .

12. (a) A Government servant serving in a Vacation Department shall be entitled to 10 (ten) days earned leave in lieu of 20 (twenty) days half Pay Leave as admissible under Rule 13 (a)(i) of the Revised Leave Rules, 1934.

Government servant earned such earned leave will cease to earn half-pay leave as provided under Rule 13 (a)(i)

(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, or 45 days when governed by the Exception to sub-rule (1) of Rule 9, as the number of days of vacation not taken bears to the full vacation:

Provided that no such leave shall be admissible to a Government servant not in permanent employ in respect of the first year of his service".

(c) Whether the earned leave is taken in combination with or in continuation of other leave or n

R.13 .

13. (a)

(i) The half-pay leave admissible to an officer in permanent and temporary employ in respect of each completed year of service is 20 days.

(ii) No half-pay leave may be granted to a temporary Govt. Servant unless the authority competent to sanction leave has reason to belief that he will return to duty on expiry of leave.

(iii) For the purpose of calculating half-pay leave due, in the case of Government servant eligible for the Department leave under S.R. 136 each completed year of service shall be construed as 12 months of actual duty.

(b)

(i) The half-pay leave due may be granted to an officer on Medical certificate or on private affairs.

(ii) Half pay leave up to a maximum of 180 days shall be allowed to be commuted during the entire service without production of medical certificate where such leave is utilis

R.14 Extraordinary leave

14.1. Extraordinary leave without allowance may be granted to any officer in special circumstances-

(a) when no other leave is by rule admissible; or

(b) when other leave is admissible, but the official concerned applies in writing for the grant of extraordinary leave.

(2) Except in the case of an officer in permanent employ the duration of extraordinary leave on anyone occasion shall not exceed the following limits-

(i) 3 (three) months;

(ii) 6 (six) months, in cases where the Government servant has completed three years continuous service on the date of expiry of leave of the kind due and admissible under the rules [including three months extraordinary leave under (i) above and his request for such leave is supported by a medical certificate as required under the rules;

(iii) 18 (eighteen) months where the office

R.15 .

15. A Government servant who proceeds on earned leave shall be entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.

[(2) An Officer on half-pay leave or leave not due will be entitled to leave salary equal to half the amount specified in sub-rule (1)]

(3) An officer on commuted leave will be entitled to leave-salary equal to twice the amount admissible under sub-rule (2).

(4) An officer on extraordinary leave is not entitled to any leave-salary.

Note - In respect of any period spent on deputation, on foreign service out of India, the pay which the officer would have drawn if on duty in India shall be substituted for the pay actually drawn while calculating average pay.

Explanation I - For the purpose of this rule, "substantive pay" means the substantive pay of the permanent post which the off

Form.1 Instruction for filling up Assam Fundamental Rule

Instruction for filling up Assam Fundamental Rule

FORM NO. 1

1. The account is to be maintained in terms of leave on average pay. For this purpose actual periods of leave taken on half or quarter average pay as entered in column 13 should be divided by 2 and posted in column 14.

2. In the case of officers who were subject to the Civil Service Regulations Leave Rules before they elected the Fundamental Rules, the account should commence with an opening entry in columns 4, 5, 6, 7, 8, 11, 13, 14, 15, 16, 17 and 18. The words "Due on (date of coming under the Fundamental Rules)" should be written across columns 1, 2 and 3 and against these words credit under Rule 77(b)(ii) (1) should be given in column 4 and column 6 and that under Rule 77(b)(ii) (2) and Rule 77(e) in column 5 and column 7 while debit for commuted furlough taken under the old Leave Rules should be given in column 11 and tha

Form.2 APPLICATION FOR LEAVEFORM

FORM No.2

[Subsidiary Rule 73]

APPLICATION FOR LEAVE

 

Note:- Items 1 to 9 must be filled in by all applicant whether Gazetted/or non-Gazetted.

Item 12 applies only in th