Haryana Civil Services (Leave) Rules, 2016
No: -- Dated: Jul, 19 2016
Haryana Civil Services (Leave) Rules
In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules, regulating the terms and conditions for grant of leave to Government employees of the State of Haryana:-
Chapter - I
Preliminary
1. Short title and commencement:-
(1) These rules may be called the Haryana Civil Services (Leave) Rules, 2016.
(2) These rules shall be deemed to have come into force from 19th July, 2016.
2. Extent of application:- Except as otherwise provided, these rules shall apply to all Government employees but shall not apply to—
(i) members of the All India Services;
(ii) employees serving in a Department under Haryana Government on deputation from Centre or any other State Government or any other source, for a limited duration.
Note 1:- The Speaker of the Legislative Assembly has agreed under clause (3) article 187 of the Constitution that until a law is made by the Legislature of the State under clause (2) of article 187 of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of article 187 of the Constitution of India, these rules and amendments thereof, if any, after prior consent of the Speaker, shall apply to the secretarial staff of the Haryana Legislative Assembly.
Note 2:- The Chairman, Haryana Public Service Commission, has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Haryana Public Service Commission.
Note 3:- If any doubt arises as to whether these rules apply to any person or not, the decision shall lie with the Finance Department.
3. Special provisions, if any, inconsistent with these rules:- When in the opinion of the competent authority, special provisions inconsistent with these rules are required with reference to any particular post or any conditions of service, that authority may, notwithstanding anything otherwise contained in these rules, and subject to the provisions of clause (2) of article 310 of the Constitution of India, provide in the terms and conditions of appointment of the person appointed to such post for any matter in respect of which in the opinion of that authority special provisions are required to be made: Provided that in the terms and conditions of appointment it shall be clarified in respect of any matter for which no special provision has been made in the terms and conditions of appointment, provisions of these rules shall apply.
4. Regulation of claim to leave:- A Government employee’s claim to leave is regulated by the rules in force at the time the leave is applied for and granted.
5. Power to relax, interpret and amend:- The power to interpret, change, amend, relax and removal of doubt of these rules shall lie with the Finance Department.
Note 1:- Communications regarding the interpretation and alteration of these rules shall be addressed to the Finance Department through the Administrative Department concerned.
Note 2:- Where the Finance Department is satisfied that the operation of any of these rules regulating the conditions of service of Government employees or any class of such Government employees, causes undue hardship in any particular case, it may by order dispense with or relax the requirements of that rule to such extent and subject to such conditions, as it may consider necessary for dealing with the case in a just and equitable manner.
6. Authorities competent to grant leave:- The authorities competent to sanction leave of any kind to a Government employee under these rules shall exercise their power strictly in accordance with these rules and subject to following conditions:-
(1) The prior approval of the Administrative Department shall be obtained in cases where the sanction of leave, in combination with or without vacation, if any, involves─
(i) extra expense to Government;
(ii) creation of post; or
(iii) reference to higher authorities for any substitute.
(2) Leave to a Government employee on foreign service or deputation shall be sanctioned by the competent authority of his parent department.
(3) The authorities competent to sanction leave may re-delegate the powers, delegated to them in these rules to any gazetted officer under them at their headquarters on their own overall responsibility and subject to such conditions and restrictions as they may like to impose. Copies of such orders shall invariably be endorsed to the Administrative Department, Finance Department and the Principal Accountant General (Audit), Haryana.
7. Responsibility of Head of office:- In case of unauthorised absence of a Government employee for a period more than one week, the Head of office shall send detailed report to the Head of Department. In respect of employees of Group A and B the report shall be forwarded to the Administrative Department by the concerned Head of Department alongwith his comments.
8. Repeal and saving:- Punjab Civil Services Rules, Volume I, Part I and other provisions contained in Appendices 12, 17 and 20 of the Punjab Civil Services Rules Volume I, Part II and all rules corresponding to these rules 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.