Chhattisgarh Civil Services (Leave) Rules, 2010
No: -- Dated: Oct, 01 2010
Finance Department
NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Chhattisgarh, hereby makes the following rules, namely:-
RULES
CHAPTER-I
PRELIMINARY
1. Short title and commencement.- (1) These rules may be called the Chhattisgarh Civil Services (Leave) Rules, 2010.
(2) They shall come into force on the 1st day of October 2010.
2. Extent of application.- Save, as otherwise provided in these rules, these rules shall apply to all Government servants who are in service on the date, of coming into force of these rules and who are appointed to the civil services and posts in connection with the affairs of the State, but shall not apply to: -
(a) persons in casual or daily rated or part time employment;
(b) persons paid from contingencies;
(c) persons employed on work-charged establishments;
(d) persons employed on contract except when the contract provides otherwise;
(e) persons in respect of whom special provisions have been made by or under the provision of the Constitution or any other law for the time being in force;
(f) persons serving under a State Government Department on deputation from the Central Government or any other source, for a limited duration;
(g) members of the All India Services.
3. Definitions. - (1) In these rules, unless the context otherwise requires.-
(a) "Completed year of service" or "one year's continuous service" means continuous service of specified duration under the State Government and includes the period spent on duty as well as on leave including extra-ordinary leave;
(b) "Date of retirement" or "date of his retirement" in relation to a Government servant means the after noon of the last day of the month in which the Government Servant attains the age prescribed for retirement under the terms and conditions governing his service;
(c) "Foreign service" means service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund of India or the Consolidated Fund of any State or the Consolidated Fund of a Union Territory;
(d) "Form" means a form appended to these rules;
(e) "Government servant in quasi-permanent employ" means a Government servant who may be declared or deemed to be as Quasi-permanent under the C.G. Government servants (Temporary and Quasi-permanent Service) Rules, 1960;
(f) "Government servant in permanent employ" means a Government servant who holds substantively or provisionally substantively a permanent post or who holds a lien on a permanent post or who would have held a lien on permanent post had the lien not been suspended;
(g) "Vacation Department" means a department or part of a department to which regular vacations are allowed, during which Government servants serving in the department are permitted to be absent from duty.
(2) Words and expressions used herein and not defined but defined in Fundamental Rules shall have the meanings respectively assigned to them in Fundamental Rules.
4. Government servants on temporary transfer or on foreign service.- (1) Government servants to whom these rules apply shall continue to be governed by these rules while on temporary transfer to Central Government or any other State Government or Union territory or while on foreign service within India.
(2) In the case of Government servants on foreign service outside India (including service with U.N. agencies within or outside India) or on temporary transfer to the Armed Force of the Union, these rules shall apply only to the extent provided in the terms and conditions of foreign service or temporary transfer, as the case may be.
5. Transfer from services or posts governed by other Leave Rules.- Unless it be otherwise provided in these rules, a permanent Government servant to whom these rules do not apply: -
(a) When transferred temporarily to a service or post to which these rules apply, shall remain subject to the leave rules which were applicable to him before such transfer; and
(b) when appointed substantively to a permanent post to which these rules apply, shall become subject to these rules from the date of such appointment, in which case the leave at his credit under the rules previously applicable to him shall be carried forward subject to the maximum limits of accumulation as laid down in rule 25. The leave salary in respect of the leave carried forward shall be borne by the Department or the Government from which the Government servant proceeds on leave.