All India Services (Leave) Rules, 1955
These rules may be called the All India Services (Leave) Rules, 1955.
In these rules, unless the context otherwise requires:--
(a) 'commuted leave' means leave taken under rule 13;
(b) 'completed year of service' means continuous service of the specified duration under the Government and includes periods spent on duty as well as on leave including extraordinary leave;
(c) 'duty' means duty as a member of the Service and includes: --
(i) service as probationer;
(ii) joining time;
(iii) such other periods as the Government may, by general or special order, declare as 'duty';
(d) 'earned leave' means leave earned under rule 10;
(e) 'earned leave due' means the amount of earned leave to the credit of a member of the Service on the date on which he became subject to these rules calculated in accordance with the Government rule by which he was governed immediately before that date plus the amount of earned leave calculated as prescribed in rule 10 diminished by the amount of earned leave taken after th
(1) Leave cannot be claimed as of right and when the exigencies of public service so demand, leave of any description may be refused or revoked by the Government.
(2) It shall not be open to the Government to compel any member of the Service to proceed on leave or, except at the request of the member of the Service, to alter the nature of leave due and applied for.
Except as otherwise provided in these rules, leave shall be earned by duty only.
Explanation: For the purpose of this rule, the period spent on foreign service counts as duty if, on account of such period, contributions towards leave salary have been paid by the foreign employer or the member of the Service or remitted by the Government.
Leave ordinarily begins on the day on which a transfer of charge is effected and ends on the day preceding that on which such charge is resumed. Where joining time is allowed to a member of the Service returning from leave out of India, the last day of his leave is the day before the arrival at his moorings or anchorage in the port of debarkation on which the aircraft in which he returns, arrives at its first regular port in India:
Provided that the Government may prescribe the circumstance in and conditions on which Sundays or other public holiday may be prefixed, or, affixed (or both prefixed and affixed) to leave.
Except with the permission of the authority which granted him leave, no member of the Service on leave may return to duty before the expiry of the period of leave granted to him.
(1) No member of the Service shall be granted leave of any kind for a continuous period exceeding five years.
(2) A member of the Service shall be deemed to have resigned from the service if he --
(a) is absent without authorisation for a period exceeding one year from the date of expiry of sanctioned leave or permission, or
(b) is absent from duty for a continuous period exceeding five years even if the period of unauthorized absence is for less than a year, or
(c) continues of foreign service beyond the period approved by the Central Government:
Provided that a reasonable opportunity to explain the reason for such absence or continuation of foreign service shall be given to the member of the Service before the provisions of this sub-rule are invoked.
Except as otherwise provided in these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.
(1) No leave shall be granted to a member of the Service beyond the date on which he retires from service under Rule 16 of the All India Services (Death cum Retirement Benefits) Rules, 1958.
(2) 1[x x x x]
(3) 1[x x x x]
(4) The Government shall suo motu sanction to a member of the Service who is deemed to have retired from service under sub-rule (1) of rule 5A of the All India Services (Death-um-Retirement Benefits) Rules, 1958, the cash equivalent of leave salary in respect of the period of earned leave at his credit on the deemed date of his retirement to the extent permissible under the orders issued by the Central Government in regard to the officers of the Central Civil Services, Group 'A'.
(5) 1[x x x x]
(1) (a) The leave account of a member of the Service shall be credited with 30 days earned leave in calendar year. This shall be done in advance in two instalments of 15 days each on the 1st of January and July, every year:
Provided that the leave account of a member of the Service working in the North East or who goes on inter-cadre deputation to a North Eastern State shall be credited 40 days earned leave in calendar year. This shall be done in advance in two instalments of 20 days each on the 1st of January and July, every year.
(1) (b) The credit afforded under clause (a) above shall be reduced by 1/10th of the period of extraordinary leave only availed of during the previous half year, subject to a maximum of 15 days.
(1) (c) The earned leave at the credit of a member of the Service at the close of a half-year shall be carried forward to the next half-year subject to the condition that the earned leave so carried forward plus the credit for that half-
(1) Subject to the provisions of rule 9, and sub-rule (2) of this rule, the maximum earned leave that can be granted to a member of the service at a time shall be 180 days:
Provided that earned leave granted as preparatory to retirement shall be subject to a maximum of 300 days.
(2) Earned leave may be granted to a member of the Service exceeding a period of 180 days but not exceeding 240 days, if the entire leave so granted or any portion thereof is spent outside India, Bangladesh, Bhutan, Myanmar, Sri Lanka, Nepal and Pakistan:
Provided that where earned leave exceeding a period of 120 days is granted under this sub-rule, the period of such leave spent in India shall not in the aggregate exceed 120 days.
(1) The half pay leave account of every member of Service shall subject to the provisions of sub-rule (2), be credited with half pay leave in advance in two instalments of ten days each on the first day of January and July of every calendar year.
(2) (a) The leave shall be credited to the said leave account at the rate of 5/3 days for each completed calendar month of service which he is likely to render in the half year of the calendar year in which he is appointed.
(2) (b) The credit for the half year in which a member of Service is due to retire or resign from the service shall be allowed at the rate of 5/3 days per completed calendar month up to the date of retirement or resignation.
(2) (c) When a member of the Service is removed or dismissed from service or dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is remov
(1) Commuted leave not exceeding half the amount of half pay leave due may be granted on medical certificate to a member of the Service subject to the condition that twice the amount of such leave shall be debitable to the half pay leave due.
(2) Commuted leave for a period not exceeding ninety days may be granted to a member of the Service during his entire service when such leave is availed of for course of study which is certified to be in public interest by the Government.
(3) No commuted leave may be granted under this rule unless the Government has reason to believe that the member of the Service will return to duty on its expiry.
(4) Where a member of the Service who has been granted commuted leave resigns from service or, at his request, is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the difference between leave salary in respect of commuted leave and half pay leave shall be recover
Save in the case of leave preparatory to retirement leave not due may be granted to a member of the Service for a period not exceeding 360 days during his entire service on medical certificate.
NOTE-- (1) Leave not due shall not be granted to a member of the Service unless the Government is satisfied that as far as can be reasonably foreseen, he will return to duty and earn an equal amount of half pay leave. Leave not due shall be debited against the half pay leave the member of the Service may earn subsequently.
(2) A member of the Service who is invalidated during the currency of or at the end of a period of leave not due, shall be retired from the date of expiry of such leave not due.
(3) Where a member of the Service who has been granted leave not due under this rule applies for and is granted permission to retire, the leave not due shall be cancelled and his retirement shall have effect from the date on which such leave commenced.
(1) Subject to the provisions of rule 7, extraordinary leave may be granted to a member of the Service in the following special circumstances, that is to say --
(1) (a) When no other kind of leave is admissible, or
(1) (b) When any other kind of leave is admissible but the member of the Service applies in writing for the grant of extraordinary leave.
(2) Government may retrospectively convert periods of absence without leave into extraordinary leave even when any other kind of leave was admissible at the time when absence without leave commenced.
(3) Extraordinary leave shall not be debited to the leave account.
(1) Special disability leave, which may be combined with leave of any other kind, may be granted to a member of the Service under such conditions as may be prescribed in the regulations made in this behalf by the Central Government in consultation with the State Governments concerned.
(2) Such leave shall not be debited to the leave account except as provided in sub-rule (6) of rule 20.
(3) Such leave may be granted on more than one occasion if the disability is aggravated or reproduced in similar circumstances on a later date but not more than twenty-four months of such leave in all shall be granted in consequence of any one disability.
(4) When a member of the Service suffers an injury while on service under the Armed Forces, any period of leave granted under the leave rules applicable in the Armed Forces in respect of that injury shall be treated as leave granted under this rule.
(1) Study Leave may be granted to a member of the Service on such terms as may be prescribed in the regulations made in this behalf by the Central Government in consultation with the State Governments concerned to enable him to undergo, in India or out of India, a special course of study or instructions approved by the Government in public interest.
(2) Such leave shall not be debited to the leave account.
(1) Maternity leave may be granted to a woman member of the Service with less than two surviving children on full pay up to a period of 180 days from the date of its commencement. During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(2) Such leave shall not be debited to the leave account.
(3) Maternity leave may be combined with leave of any other kind.
Notwithstanding the requirement of production of medical certificate contained in rule 13 and rule 14, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two year, may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).
NOTE: Maternity leave may be granted in cases of miscarriage including abortion subject to the condition that the leave applied for does not exceed six weeks and the application for leave is supported by a m
(1) A female member of the Service with less than two surviving children, on valid adoption of a child below the age of one year, may be granted child adoption leave for a period of 180 days immediately after the date of such adoption:
Provided that child adoption leave shall not be admissible where such member is already having two or more surviving children at the time of such adoption.
(2) During the period of child adoption leave, such member shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) Child adoption leave can be combined with leave of any other kind.
(4) In continuation of child adoption leave granted under sub-rule (1), a female member of the Service on valid adoption of a child, if so applies, may also be granted leave of the kind due and admissible (including commuted leave without production of medical certificate for a period not exceeding 60 days and leave not due), for such period and in
(1) A male member of the Service (including a probationer) with less than two surviving children, may be granted paternity leave by an authority competent to grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e. up to 15 days before, or up to six months from the date of delivery of the child.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The paternity leave may be combined with leave of any other kind.
(4) The paternity leave shall not be debited against the leave account.
(5) If paternity leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
Note:-- The paternity leave shall not normally be refused under any circumstances.
(1) A male member of the Service (including a probationer) with less than two surviving children, on valid adoption of a child below the age of one year, may be granted Paternity Leave by the competent authority for a period of 15 days, within a period of six months from the date of such adoption:
Provided that such leave shall not be refused under any circumstances.
(2) During the period of Paternity Leave, such member shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The Paternity Leave may be combined with leave of any other kind.
(4) The Paternity Leave shall not be debited against the leave account.
(5) If Paternity Leave is not availed within the period specified in sub -rule (1), such leave shall be treated as having lapsed.
(1) Subject to the provisions of this rule, a female member of the Service and single male member of the Service may be granted child care leave by an authority competent to sanction leave for a maximum period of seven hundred and thirty days during entire service, for taking care of two eldest surviving children, up-to the age of eighteen years, on the grounds of rearing or for looking after any of their needs, such as education, sickness and the like.
(2) During the period of child care leave, member of the Service shall be paid hundred percent of leave salary equal to pay drawn immediately before proceeding on leave for the first three hundred and sixty five days and eighty percent of the pay drawn immediately before proceeding on leave for the next three hundred and sixty five days]
(3) Child care leave may be combined with leave of the kind due and admissible.
(4) Notwithstanding the requirement of production of medical certificates contained in sub-rule (1
(1) At the request of a member of the Service, the Government may convert any kind of leave retrospectively into leave of a different kind, which may be admissible, but the member of the Service cannot claim such conversion as a matter of right.
(2) If one kind of leave is converted into another the amount of leave salary admissible shall be recalculated and arrears of leave salary paid or amounts overdrawn recovered, as the case may be.
(1) A member of the Service on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave,
(2) A member of the Service on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).
(3) A member of the Service on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1).
(4) A member of the Service on extraordinary leave is not entitled to any leave salary.
(5) A member of the Service on special disability leave shall be entitled, in respect or the initial period of 120 days, to leave salary in accordance with sub-rule (1).
(6) In respect of special disability leave beyond the initial period of 120 days leave salary equal to the amount specified in sub-rule (1), may be granted at the option of the member of the Service for a further period limited to the number of days of earned leave due to him in which case the
(1) Where a member of the Service retires from the service, whether on attaining the age of superannuation under sub-rule (1) of rule 15 or sub-rule (2), (2A) or (3) of rule 16, of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 or dies, the Government shall suomotu sanction to him or his family, as the case may be, cash equivalent of leave salary in respect of both earned leave and half pay leave, if any, standing in his credit on the date on which he ceases to be member of the Service subject to a maximum of 300 days and pay the same in lumpsum as a one time settlement. The cash equivalent shall be equal to the leave salary as admissible for earned leave and/or equal to the leave salary as admissible for half pay leave plus dearness allowance admissible on the leave salary for the first 300 days.
(2) The cash equivalent of leave salary payable to a member of service, under sub-rule (1) shall also include dearness allowance but shall not include any other
(1) A member of the Service on leave shall not take any service or accept any employment without obtaining the permission of the Government:
Provided that a member of the Service who has been granted permission to take any service or accept any employment during leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and from returning to duty.
NOTE.--This rule does not apply to casual literary work or service as an examiner or similar employment.
(2) The leave salary of a member of the Service who is permitted to take up employment during leave preparatory to retirement shall be subject to such restrictions as the Central Government may, by general or special order, prescribe.
A member of the Service who is recalled to duty before the expiry of the leave granted to him shall be entitled.--
(a) if the leave from which he is recalled is out of India.--
(i) to receive a free passage to India, and provided that he has not completed half the period of his leave by the date of leaving for India on recall or 90 days whichever period is shorter, to receive a refund of the cost of his passage from India;
(ii) to receive travelling allowance, admissible to him as a member of the Service in respect of the journey from the port of debarkation to the station to which he is posted;
(iii) to count the time spent on the voyage to India as duty for purpose of calculating leave; and
(iv) to receive leave salary during the voyage to India, and for the period from the date of landing in India to the date of joining his post, to be paid leave salary at the same rate at which he would have drawn it had he not been recalled but returned in the
No member of the Service who has been granted leave on medical certificate shall return to duty without first producing a medical certificate of fitness in such form as the Government may, by order, prescribe. A similar certificate may be required in the case of a member of the Service who has been granted leave for reasons of health, even though such leave was not actually granted on a medical certificate.
A member of the Service who remains absent at the end of his leave is entitled to no leave salary for the period of such absence and that period shall be debited to his leave account as though it were leave on half pay, unless his leave is extended by the Government. Willful absence from duty after the expiry of leave may render a member of the Service liable to disciplinary action.
A member of the Service transferred to foreign service while on leave ceases, from the date of such transfer, to be on leave and shall not be entitled to draw leave salary from that date.
(1) A member of the Service who is on foreign service in India shall not be granted leave otherwise than in accordance with these rules and shall not be entitled to avail himself of leave or draw leave salary from Government unless he is actually relieved of his duty under the foreign employer and proceeds on leave.
(2) If a member of the Service avails himself of leave to which he is not entitled, he may be required to refund leave salary irregularly drawn and in the event of his refusing to refund he shall forfeit previous service under the Government and shall cease to have any claim on the Government in respect of either pension or leave salary.
(1) A member of the Service on foreign service out of India may be granted leave by his foreign employer on such conditions as the employer may determine. In any individual case, the authority sanctioning foreign service may determine beforehand in consultation with the employer, the conditions subject to which such leave may be granted by the employer. The leave salary in respect of such leave granted by the employer will be paid by the employer and such leave shall not be debited to the leave account of the member of the Service.
(2) In special circumstances, the authority sanctioning a transfer to foreign service out of India may make arrangements with the member of the Service or the foreign employer under which leave may be granted to a member of the Service in accordance with these rules if the foreign employer or the member of the Service pay to the Consolidated Fund of India leave contribution at such rate as the Central Government may, by general or special order, pr
(1) While a member of the Service is on foreign service in India contributions towards the amount of leave salary shall be paid to the Government concerned on his behalf.
(2) The contribution due under sub-rule (1) shall be paid by the member of the Service himself unless the foreign employer agrees to pay them.
(3) The rates of contribution payable under this rule shall be such as the Central Government may by general or special order, prescribe.
(4) The Government may, by general or special order, remit the contributions payable under this rule in any specific case or class of cases.
(5) A member of the Service on foreign service may not elect to withhold contributions and to forfeit the right to count as duty in Government service the time spent in foreign employ.
(6) Neither the member of Service nor the foreign employer has any right of property in a contribution paid and no claim for refund shall be entertained.
Explanation.-- F
If for any reason it is proposed to terminate the services of a member of the Service on probation, any leave which may be granted to him shall not extend beyond the date on which probationary period already sanctioned or extended expires, or any earlier date on which his services, are terminated by an order of the Central Government.
A member of the Service who is dismissed or removed or compulsorily retired from the Service but is reinstated on appeal or revision, under the relevant provisions of the All India Services (Discipline and Appeal) Rules, 1969, shall be entitled to count his former service for leave.
(1) A leave account shall be maintained in respect of each member of the Service.
(2) Subject to any general or special order that may be issued by the Central Government, if necessary in consultation with the Comptroller and Auditor-General of India, the Government may prescribe the procedure to be followed in regard to--
(i) making of application for leave, and for permission to return from leave.
(ii) granting of leave; and
(iii) the payment of leave salary.
Where the Government is satisfied that the operation of any of these rules causes or is likely to cause undue hardship to a member of the Service, it may, after recording its reasons for so doing and notwithstanding anything contained in any of these rules, deal with the case of such member in such manner as may appear to it to be just and equitable:
Provided that the case shall not be dealt with in any manner less favourable to such member than that prescribed in these rules.
If any question arises as to the interpretation of these rules, the Central Government shall decide the same.
All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
1. Joining time, pay and Transfer allowance is not entitled to a probationer, who subsequently joins IAS before completion of the earlier IPS probation, though carry forward of earned leave is permissible:--A question arose whether the past service, as an I.P.S. probationer, or an I.A.S. Probationer would count for purpose of joining time, leave etc. 2. The attributes of a substantive holder of a post that a probationer enjoys can apply to the Service or Post in which he is on probation. Consequently, on his appointment to the I.A.S. before completion of his probationary period in the I.P.S. the officer is to be treated as the non-substantive holder of a post in the I.P.S. He will therefore not be entitled to joining time, joining time pay and transfer allowance under the Government of India's decision No. 4 below F.R. 105. 3. The carry forward of t S.GOVERNMENT OF INDIAS ORDERS UNDER RULE 10
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