UPFR Act 5

धारा 5 · Repeal and savings

(1)

The Uttar Pradesh Fundamental Rule 56 (Amendment and Validation) Ordinance, 1975 (U.P. Ordinance No. 14 of 1975) is hereby repealed.

(2)

Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the Act, as if this Act had come into force on June 7, 1975.Selected Leave RulesUnder Regulation 99, Chapter III framed under Section 16-G of the Intermediate Education Act, casual leave, earned leave, medical leave, maternity leave, leave on private affairs and extraordinary leave can be allowed to Principals, Headmasters, Teachers and other servants for such periods and subject to such conditions as the State Government may decide for similar employees in Government Higher Secondary Schools or may by special order and subject to such exceptional provisions as necessitated by special circumstances direct. Granting authorities are also laid down in Regulation 99.The employees of the Government institutions are subject to leave rules generally meant for the State Government employees. These rules are found in the Financial Handbook, Vol. II, Chapter X, Rules 58 to 104, pages 16 to 135 in 1969 Edition.In addition there are subsidiary rules made by the Government under rule-making powers conferred on him by the Fundamental Rules of Chapter X said above. Together all this yields a voluminous literature and there are also special provisions for special kinds of services.Further, difficulties arisen have been removed by audit instructions etc, printed in the Financial Handbook. Reading at these provisions together and interpreting them authoritatively, in full detail, is a specialised job, requiring a separate big book by itself.In his volume we have to content, ourselves with publication of selected Rules explaining leave and its kinds (as mentioned in the aforesaid Regulation 99) and laying down period for which they are due to the Government School employees and now, therefore, to other recognised schools also. - For other details and complications the Fundamental Rules, Chapter X and the connected subsidiary rules may be constituted.Leave is not a right: - Leave cannot be claimed as of right. These provisions have been made in the rules because it is not always possible to let all who want leave at a particular time to have it at that time and there is a limit beyond which depletion of staff cannot be permitted without dislocating the working of an establishment.Right to ask the leave: - Right to ask for a particular kind of leave rests with the Government servant. The authority empowered to grant leave has not been given the power to alter the nature of leave, though he has the power to refuse or revoke leave at any time according to the exigencies of the public service.As provided in F.R. 67 Leave can not be claimed as of right : - Leave, although a privilege, cannot be refused by the sanctioning authority except on reasonable grounds. F.R. 67 does not, therefore confer a certe blanche to the leave sanctioning authority to refuse leave to a Government servant at its pleasure, when it is refused it must have a reference to the exigencies of service contrarily it does not also follow that a Government servant is entitled to proceed on leave, even when the leave is due, without obtaining prior sanction of the leave sanctioning authority. It will be a gross misdemeanour on the part of the concerned employee if he does so.There may be occasions when under compelling circumstances an employee may not obtain prior permission before leaving the State on leave, such as sudden death of a near relative or a serious sickness in the family. Such cases deserve special consideration and should be decided on their own merits. The leave sanctioning authority has also an equitable obligation to accommodate an employee's right for leave as far as practicable. It would be a good workable formula of exigencies of service are balanced against private interest in so far as it satisfies both ends without injuring wider public interest.Leave Regulations[81-B. (1) Earned leave. [Substituted vide Notification No. G-4-1071/X-92-201-76 dated 21st December, 1992 Published in U.P. Gazette Part I (Ka) dated 5.3.1994.] - The following procedure shall be deemed to have come into force with effect from January 1, 1978 in regard to calculation of earned leave in respect of government servants serving in the State-

(i)

Earned leave of thirty-one days shall be credited in advance, in the leave account of every government servant, in two half yearly installments, in each calendar year. Sixteen days' earned leave shall be credited on the first day of January and fifteen days earned leave on the first day of July of every calendar year;

(ii)

Earned leave at the credit of a government servant at the close of the previous half year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit for the half year, does not exceed a maximum limit of one hundred and eighty days, raised to two hundred and forty days with effect from January 1, 1987.

In the case of a government servant appointed on or after first January, 1978 earned leave shall be credited at the rate of two and half days for each completed calendar month of service which he is likely to render in a half year of the calendar year in which he is appointed.

(iii)

When the total earned leave amounts to two hundred and forty days, a government servant shall cease to earn such leave.

Note. - The limit of one hundred and eighty days was raised to two hundred and forty days with effect from January 1, 1987.

(iv)

the credit of earned leave under clauses (i) and (ii) above shall be reduced by one-tenth of the period of extraordinary leave availed of during the previous half year, subject to a maximum of fifteen days;

(v)

in the case of government servant who ceases to be a government servant due to retirement, resignation, death or any other reason in a particular half year, earned leave shall be credited to his leave account at the rate of 2-½ (two and a half) days for each completed calendar month up to the date he ceases to be a government servant. In such cases a deduction on account of extraordinary leave availed of from the beginning of that particular half year up to the date he ceases to be a government servant shall be made from earned leave credited to his leave account for that particular half year. If the earned leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any, overdrawn. Therefore before any payment of leave salary and/or pay is made to the government servant concerned in respect of that month in which he ceases to be a government servant, it shall be duly ensured by the competent authority that the earned leave in excess of the credit so due to him has not been sanctioned and overpayment of leave salary has not been made;

(vi)

while affording credit of earned leave, fractions of a day shall be rounded off to the nearest day.

(vii)

A government servant on leave on the last day of a half year shall be entitled to avail of the earned leave to be credited in his leave account on the first day of the following half year of the calendar year, subject to the condition that the authority competent to sanction leave has reason to believe that the government servant shall return to duty on its expiry.

(viii)

the leave accounts of government servants in respect of earned leave as they existed before commencement of these rules shall be closed and earned leave at their credit on December 31, 1977 shall be carried forward in their new leave account is to be maintained in Form 11-D, enclosed to these rules.

(ix)

Every order sanctioning earned leave issued by the competent authority in respect of government servant subordinate to him shall indicate the balance of earned leave at the credit of the government servant concerned at the time.

(x)

subject to the provisions of Fundamental Rules 67 and 86-A :

(a)

the maximum period of earned leave that may be granted to a government servant at a time shall be one hundred and twenty days if spent in India;

(b)

earned leave may be granted to him exceeding a period of 120 days but not exceeding 180 days if the entire leave so granted or any portion thereof is spent in a foreign country but the period of such leave spent in India shall not in the aggregate exceed the limit of 120 days.

(xi)

in the case of a government servant serving in a vacation department :

(a)the period of earned leave admissible to him shall be reduced by thirty days for each year of duty in which he avails himself of the full vacation.

(b)if he is prevented by reason of government work from availing himself of the full vacation in any year as provided in the Subsidiary Rules 145 and 146, the earned leave admissible to him shall be reduced by a fraction of thirty days equal to the proportion which the part of the vacation availed of bears to the full period of the vacation.

(c)

if in any year he does not avail himself of the vacation in terms of Subsidiary Rules 145 and 146, the earned leave admissible to him shall not be subject to any reduction.

(d)

vacation may be taken in combination with or in continuation of any kind of leave under these rules provided that the total duration of vacation and earned leave is taken in combination with, or in continuation of other leave or not, shall not exceed the amount of earned leave admissible to him at a time under clause (ii) of this rule except when it is taken for obtaining higher technical qualifications in which case the limit shall be two hundred and seventy days.

(xii)

a government servant may be permitted to surrender a portion of earned leave at his credit and allowed cash payment in lieu thereof in accordance with the orders issued by Government, in this regard, from time to time.

Note. - Forms 11-D and 11-E are Published vide Notification No 6-4-1071/X-42-201-76-dated Dec. 21st 1992.]Form No. 11-D[See sub-rules (i) and (viii) of Fundamental Rule 81-B]Form of Leave Account of Earned Leave Under The U.P. Fundamental Rules.Name of Government Servant................. Designation.......... Date of birth ..................Date of commencement of continuous service.......Date of Permanent employment................... Date of retirement/Resignation/termination of service................

Particulars of service in the calendar half year	Completed months of service in the calendar halfyear	Earned leave credited at the beginning of halfyear	Number of days of extra-ordinary leave availed ofduring the previous calendar half year	Earned leave to be deducted (1 /10th of theperiod in Col.-3)
From	To
1	2	3	4	5	6

Total Earned Leave at credit in days (Cols.4+11-6)	Leave taken	Number of days	Balance of Earned Leave on return from leave(Cols. 7-10)	Remarks
From	To
7	8	9	10	11	12

InstructionsNotes. - (1) The Earned Leave due should be expressed in days.

(2)When a government servant is appointed during the course of a particular calendar half year, Earned Leave should be credited at 2-½ days for each completed month of service in the calendar half year in which he is appointed and the., fraction of a day will be rounded to the nearest day.

(3)

The old leave account of the Earned Leave in respect of existing government servant has to be closed and the balance as on December 31, 1977, will have to be carried forward to the new account in Column 11 while doing so, the balance at credit on December 31, 1977 may be rounded to the nearest day.

(4)

The entry in Column 6 should be in complete days. Fraction of a day will be rounded to the nearest day.

(5)

Period of extraordinary leave should be noted in red ink.Form No. 11-E[See sub-rule (3) (X) of Fundamental Rule 81-B]Form of Leave Account of Earned Leave on Private Affairs Under The U.P. Fundamental RulesName of Government Servant............... Designation........... Date of birth.....................Date of commencement of continuous service..................Date of Permanent employment..................................................................Date of retirement/Resignation/termination of service.............................

Particulars of service in the calendar half year	Completed months of service in the calendar halfyear	Leave on Private Affairs credited at thebeginning of half year	Number of days of extra-ordinary leave availed ofduring the previous calendar half year	Leave of Private Affairs to be deducted (1 /10thof the period in Col.-3)
From	To
1	2	3	4	5	6

Total Leave on Private Affairs at credit in days(Cols. 4+11-6)	Leave taken	Number of days	Balance of leave of Private Affairs on returnfrom leave(Cols. 7-10)	Remarks
	From	To
7	8	9	10	11	12

InstructionsNotes. - (1) The leave on Private Affairs due should be expressed in days.

(2)When a government servant is appointed during the course of a particular calendar half year, Leave on Private Affairs should be credited at the rate of 2-½ days for each completed month of service in the calendar half year in which he is appointed and the fraction of a day will be rounded to the nearest day.

(3)The old leave account of the Leave on Private Affairs in respect of existing government servant has to be closed and the balance as on June 30, 1979 will have to be carried forward to the new account in Column 11 while doing so, the balance at credit on June 30, 1979 may be rounded off to the nearest day.

(4)The entry in Column 6 should be in complete days. Fraction of a day will be rounded to the nearest day.

(5)Period of extraordinary' leave should be noted in red ink.

(6)

When commuted leave is granted under Rule 4 of F.R. 81-B twice the amount of such leave shall be shown in entries relating to leave on private affairs in Columns 10 and 11. The period of commuted leave granted should be shown in Column 12 for remarks.

(2)Leave on Medical Certificate. - (I) A government servant to whom these rules apply may be granted leave on medical certificate not exceeding twelve months in all during his entire service. Such leave shall be given only on production of a certificate from such medical authority as the Governor may by general or special order specify in this behalf and for a period not exceeding that recommended by such medical authority :Provided that when the maximum period of twelve months is exhausted further leave on medical certificate not exceeding six months in all during entire service may be granted in exceptional cases on the recommendations of a medical board :Provided further that (i) in all cases in which Govt, servant may have before the date of application of the rules to them availed of leave on medical certificate under Fundamental Rule 81-B, and the Subsidiary Rule 157 or 157-A, as the case may be, the period of such leave availed of under F.R. 81-B and Subsidiary Rule 157, shall be taken into account in calculating the leave to them under this rule.

(II)[ Under this rule lave up to sixty days may be granted by the competent authority on recommendation of the authorised medical authority. Leave exceeding this period may not be granted unless the competent authority is satisfied that there is a reasonable probability that the Government servant will be fit to return to duty on the expiry of the leave applied for.

(See also Subsidiary Rule 87)Provided that when a Government servant dies during the treatment of his illness and the medical leave is otherwise due to such Government servant, the authority competent to grant leave shall sanction the medical leave.] [Substituted by Notification No. G-4-525/X-96-201-76, dated 19the August, 1996. Published in U.P. Gazette Part 1-Ka, dated 26 October, 1996.]

(3)[ Leave on private affairs. [Substituted by Notification No. 6-4-1071/X-92-201-76 dated 21st December, 1992. Published in U.P. Gazette Part 1 (Ka), dated 5th March, 1994.] - A Government servant to whom these rules apply may also be granted leave on private affairs not exceeding three hundred and sixty-five days in all during his entire service.

(i)He shall be entitled to thirty-one days' leave on private affairs in every calendar year.

The following procedure shall be deemed to have come into force with effect from 1st July, 1979; in regard to calculation of leave on private affairs in respect of Government servants serving in the State.

(ii)Leave on private affairs shall be credited in advance, in the leave account of every Government servant in two half-yearly instalments in each calendar year.

Sixteen days' leave on private affairs shall be credited on the first day of January and fifteen days' leave on private affairs on the first day of July of every calendar year.

(iii)When the total of leave on private affairs amounts to three hundred and sixty-five days, a Government servant shall cease to earn such leave.

(iv)The leave on private affairs at the credit of a Government servant at the close of the previous half year shall be carried forward 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 a maximum limit of three hundred and sixty-five days.

(v)In the case of a Government servant appointed on or after July 1, 1979, the leave on private affairs shall be credited at the rate of 2 ½ (two and half) days for each completed calendar month of service which he is likely to render in a half year of the calendar year in which he is appointed.

(vi)The credit of leave on private affairs under Clauses (i) and (ii) above shall be reduced by one-tenth of the period of extraordinary leave availed of during the previous half year subject to a maximum of fifteen days.

(vii)In the case of a Government servant who ceased to be a Government servant due to retirement, resignation, death or any other reason in a particular half year, the leave on private affairs shall be credited to his leave account at the rate of 2 ½ (two and a half) days for each completed calendar month up to the date he ceases to be a Government servant. In such cases the deduction on account of extraordinary leave availed of from the beginning of that particular half year up to the date he ceases to be a Government servant, shall be made from leave on private affairs credited to his leave account for that particular half year. If the leave on private affairs already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any, overdrawn. Therefore, before any payment of leave salary and/or pay is made to the Government servant concerned in respect of that month in which he ceases to be a Government servant, it shall be duly ensured by the competent authority that the leave on private affairs in excess of the credit so due to him has not been sanctioned and overpayment of leave salary has not been made;

(viii)while affording credit of leave on private affairs fractions of a day shall be rounded off to the nearest day.

(ix)A Government servant on leave on the last day of a half year shall be entitled to avail of the leave on private affairs to be credited to his leave account on the first day of the following half year of the calendar year, subject to the condition that the competent authority has reason to believe that the government servant shall return to duty on its expiry.

(x)The leave accounts of Government servants in respect of leave on private affairs as they existed before the commencement of these rules shall be closed and leave on private affairs at their credit on June 30, 1979 shall be carried forward to their new leave account to be maintained in Form 11-E enclosed to these rules.

(xi)Every order sanctioning leave on private affairs, issued by the competent authority in respect of Government servants subordinate to him shall indicate the balance of leave on private affairs at the credit of the Government servant concerned at that time.

(xii)The maximum period of leave on private affairs that may be granted to a Government servant at a time shall be ninety days if spent in India. Leave on private affairs may be granted to him exceeding a period of ninety days but not exceeding one hundred and eighty days if the entire leave so granted or any portion thereof is spent outside India but the period of such leave spent in India shall not in the aggregate exceed the limit of ninety days;

(xiii)No leave may be granted under this sub-rule unless the authority competent to sanction leave has reason to believe that the Government servant will return to duty on its expiry or unless it is included in leave preparatory to retirement.

(xiv)In all cases in which government servants may have, before the commencement of these rules, availed of leave on private affairs under Fundamental Rule 81-B and Subsidiary Rule 157-A, the period of leave so availed of shall be taken into account in arriving at the amount of leave on private affairs admissible under this sub-rule. For this purpose, the Government servant shall be deemed to have earned the leave on private affairs, not three hundred and sixty-five days, under the provision of these rules, from the date of their continuous service, whether in a temporary or a permanent capacity. If leave in excess of three hundred and sixty-five days has been taken by a Government servant before the application of this sub-rule in his case, the minus balance shall be waived and no further leave shall be earned by him. In other cases where a Government servant has availed of leave in excess of the leave admissible on the date but not exceeding the list of three hundred and sixty five days, it shall be adjusted against the leave on private affairs that will be earned by him subsequently.]

(4)Commuted Leave : - Commuted leave, that is half the amount of leave on private affairs admissible under sub-rule (3) of this rule, may be allowed at the option of the Govt, servant proceeding on study leave under FR 84 subject to the following conditions :

(i)The authority competent to sanction leave is satisfied that the Govt, servant requires the leave for purposes of obtaining higher technical qualifications.

(ii)The grant of the leave shall be restricted on any one occasion to forty-five days if spent wholly in Asia and ninety days if spent wholly outside Asia. If the leave is spent partly in and partly outside Asia, the period shall be restricted to forty-five days plus such time as is actually spent outside Asia subject to a maximum total period of ninety days.

(iii)When commuted leave is granted twice the amount of such leave shall be debited in the leave account against the leave on private affairs due.

(iv)No leave may be granted under this rule unless the authority competent to sanction leave has reasons to believe that the Govt, servant will return to duty on its expiry.

(5)Extraordinary Leave. - A Govt. Servant to whom these rules apply may be granted extraordinary leave in accordance with the provisions of Fundamental Rule 85 read with Fundamental Rule 18.

(6)Any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.Rules 85 (a) and (b). - (a) Extraordinary leave may be granted in special circumstances (1) when no other leave is by rule admissible or (2) when, other leave being admissible, the Government servant concerned applies in writing for the grant of extraordinary leave. Such leave is not debited against the leave account. No leave salary is admissible during such leave.

(b)The authority which has the power to sanction leave may grant extraordinary leave as in clause (a) in combination with or in continuation of, any leave that is admissible and may commute retrospectively period so of absence without leave into extraordinary leave.

(6)Maternity Leave. - [Maternity leave on full pay which a female Government servant, whether permanent or temporary, may be drawing on the date of proceeding on such leave may be granted to her by the head of the department or by a lower authority to whom power may be delegated in this behalf subject to the following -

(1)In cases of confinement the period of maternity leave may extend up to the end of three months from the date of the commencement of leave;Provided that such leave shall not be granted for more than three times during entire service including temporary service:Provided also that if any female Government servant has two or more living children, she shall not be granted maternity leave even though such leave may otherwise be admissible to her. If, however, either of the two living children of the female Government servant is suffering from incurable disease or is disabled or crippled since birth or contracts some incurable disease or becomes disabled or crippled later, she may, as an exception, be granted maternity leave till one more child is born to her subject to the overall restriction that maternity leave shall not be granted for more than three times during the entire service :Provided further that no such leave shall be admissible until a period of at least two years has elapsed from the date of expiry of the last maternity leave granted under this rule.

(2)in cases of miscarriage, including abortion, the period of maternity leave may extend up to a total period of six weeks on each occasion, irrespective of the number of surviving children of the female Government servant concerned, provided that the application for leave is supported by a certificate from the Authorised Medical Attendant :Note. - (1) Delete.Note. - (2) In the case of a person to whom the provisions of Employee's State Insurance Act, 1948, apply, leave salary payable under this rule shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.Note. - (3) Abortion induced under the Medical Termination of Pregnancy Act, 1971, should also be condidered as a case of 'abortion' for the purpose of granting' 'maternity leave' under this rule.

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