THE ODISHA MINING CORPORATION LIMITED (A Government of Odisha undertaking) Bhubaneswar THE ODISHA MINING CORPORATION EMPLOYEES LEAVE RULES, 1976.

Transcription

1 THE ODISHA MINING CORPORATION LIMITED (A Government of Odisha undertaking) Bhubaneswar THE ODISHA MINING CORPORATION EMPLOYEES LEAVE RULES, (Compiled: December 2014) 1

2 CONTENTS Rule Title of Rule No. 1 Short Title 2 Commencement 3 Application 4 Definitions 5 Right for leave 6 Commutation of one kind of leave into another 7 Combination of different kinds of leave 8 Maximum amount of continuous leave 9 Acceptance of service for employment while on leave 10 Return to duty before expiry of leave 11 Medical certificate of fitness for return to leave 12 Authority signing the medical certificates 13 Leave account 14 Application for leave 15 Leave not to be granted under certain circumstances 16 Verification of title to leave 17 Commencement and termination of leave 18 Combination of holidays, if any with leave 19 Recall to duty before expiry of leave 20 Earned Leave 21 Encashment on surrender of Earned Leave 22 Commuted Leave 23 Leave not due 24 Extra-ordinary leave 25 Quarantine Leave 26 Hospital Leave 27 Special Disability Leave 28 Maternity Leave 29 Study Leave 30 Leave preparatory to retirement 31 Admissibility of leave to persons reemployed after retirement 32 Admissibility of leave to probationers and apprentices Page No. 2

3 The Board of Directors of the Odisha Mining Corporation Ltd. hereby make the following rules namely: - The Odisha Mining Corporation Employees Leave Rules, Section I General 1. Short Title: These rules may be called the Odisha Mining Corporation Employees, Leave Rules, Date of Commencement: These rules shall come into force with effect from the 25th March, Application: (a) These rules shall apply to the employees in the service of the Odisha Mining Corporation Limited, who are appointed on regular basis but shall not apply to: (b) (c) (d) (e) (i) (ii) Those who are employed on seasonal or casual basis; Those who are employed on daily wage basis for miscellaneous or occasional work; (iii) Those who are appointed in the mines, factories and such establishment on contract basis either directly by the Corporation or through contractors; and (iv) Those who are on deputation from the Central Government or Public Undertakings whose terms of their deputation specify that they will otherwise be governed by a different set of rules, either fully or partly, during the period of deputation to the Corporation. These rules may, however, be made applicable to officers appointed on contract basis against regular posts and to superannuated persons of the Central and State Government when they are re-employed under the Corporation. Notwithstanding anything contained in sub-rule (i) above, the Board of Directors of the Odisha Mining Corporation may, by an order, exclude or include any employee from the operation of all or any of these rules. If any doubt arises as to whether these rules apply to any particular class of employees or any particular person employed in the service of the Corporation, the matter shall be referred to the Board of Directors, whose decision shall be final. Notwithstanding anything contained under sub-rule 3 (a) (iv) above, persons who are on deputation to the Odisha Mining Corporation, either coming from the Central Government, the State Government or from a Public Undertaking, may be given the benefit to be governed by the provisions of these rules for the duration of their deputation under the Corporation, if their parent departments agree to such provision under the terms of deputation. 3

4 4. Definitions: In these rules unless the context otherwise requires:- (a) Corporation - means the Odisha Mining Corporation Limited. (b) Board means the Board of Directors of the Odisha Mining Corporation Limited; (c) Chairman - means the Chairman of the Board of Directors of the Odisha Mining Corporation Limited; (d) Regional Manager means any of the Regional Managers in-charge of the Regional establishments of the Odisha Mining Corporation. (e) Camp Officers means the Camp Officers in-charge of a mining establishment like Camp Officer, Gandhamardan, the Camp Officer, Nishikhal; (f) Competent authority means the authority competent under these rules to grant the kind of leave as specified in the schedule at Annexure I of these rules; (g) Completed years of service means the continuous service of a specified duration under the Corporation and includes the period spent on duty as well as on leave including extraordinary leave; (h) Employee - means an employee of the Odisha Mining Corporation to whom these rules are applicable as provided for under rule 3 above; (i) Person means an employee as defined in sub rule (h) above. Section II Kinds of Leave 5. Right for Leave: (a) No employee can claim leave as a matter of right. (b) When exigencies of work in the Corporation so require, leave of any kind may be refused, cancelled, with-held or revoked by the authority competent to grant the leave. It shall not, however, be open to that authority to alter the kind of leave due to an employee and applied for by him, except at his written request (c) When an employee of the Corporation is dismissed or removed from service or he himself has voluntarily resigned from the service of the Corporation, the claim leave to his shall cease from the date of such dismissal, removal or resignation. (d) Where an employee who applies for a post under the Central Government, the State Government, a Public undertaking or a Private concern through proper channel, on his being selected to the post applied for, is required to resign his post such resignation shall also result in the lapse of all leave that may lie to his credit on the date of his relief. 4

5 (e) If an employee who is dismissed or removed from service is later reinstated on an appeal or a revision, he shall be entitled to get back the credit of leave for his former service. Any credit or otherwise of leave for the period of suspension or for the period intervening the order of dismissal and the order of reinstatement shall be dependent on the orders in the matter of the reinstating authority. (f) Similarly where an employee, who had resigned from the service of the Corporation, is allowed to come back to the same post, he may be allowed to count his past service towards leave. 6. Commutation of one kind of Leave into another: a) At the request of an employee, the competent authority, who could grant the leave, may commute it retrospectively into leave of a different kind which was due and admissible to him at the time the leave was granted, but the employee cannot, however, claim such commutation as a matter of right. b) The commutation of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the employee that is to say, any amount of leave salary paid to him in excess may be recovered from him or any arrears due to him may be paid to him. 7. Combination of different kinds of leave: Except as otherwise provided for in these rules, any kind of leave specified in these rules may be granted in combination with or in continuation of any other kind of leave. Note: However, casual leave, which is not included as a kind of leave under these rules, shall not be combined with any other kind of leave. 8. Maximum amount of continuous leave: Unless the (* 1 ) Chairman in view of some exceptional circumstances of a case, otherwise determine, no employee of the Corporation could be granted leave of any kind for a continuous period exceeding three years. 9. Acceptance of Service or Employment while on Leave: a) No employee during the period of leave shall take up any service or employment elsewhere, including the setting up of a private trade or professional practice, a business; consultation etc., without obtaining the previous permission of the authority empowered to appoint him. 5

6 b) No employee shall accept to engage himself or take up service or employment during the period of leave preparatory to retirement or of refused leave granted to him after the date of his retirement without obtaining the prior permission of the authority empowered to appoint him. 10. Return to duty before the expiry of leave: An employee who has been granted leave shall not, when once he had proceeded on leave, return to duty before the expiry of the period of the leave granted to him, unless he applies for it in writing for the cancellation of the portion of such leave and is permitted to do so by the authority which granted him the leave. 11. Medical Certificate of fitness for return to duty: (a) An employee who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness for the resumption of duty. (b) A medical fitness certificate may also be asked to be produced at the discretion of the authority, in cases where the leave was sanctioned for reasons of health although not on the basis of medical certificate. (Note: The form for medical certificate is given in form L.R.3.) 12. Authority signing the Medical Certificate: (a) (b) Whenever leave or extension of leave is applied for by an employee on medical grounds, a medical certificate in support of the leave applied for, has to be produced in support of the application, unless the competent authority who is to sanction the leave exempts the production or of such certificate. The medical authorities from whom such certificates could be accepted by the Corporation are, District Medical Officer., Civil Surgeon., Staff Surgeon., Assistant Surgeon., Sub- Assistant Surgeon., the authorized medical attendant who may be appointed by the Corporation for purposes of medical attendant scheme and any Registered Medical practitioner. (* 1 ) The word Chairman substituted in place of Board of Director as per decision of BOD in its 343 rd meeting held on and communicated vide office order No.5296 dt

7 13. Leave Account: Leave account in respect of each member of the staff and officers stationed at Head Office as well as the mining establishments in the field except in respect of the employees serving in the office of the General Manager at Daitari shall be maintained by the Administrative Officer, Head Office in the prescribed form (Form LR I), Leave account of the staff and officers of the office of the General Manager at Daitari shall be maintained by the concerned Administrative Officer in the above form also. 14. Application for leave: Application for the grant of leave of any kind should be made in the prescribed form, (Form L.R. I). 15. Leave not to be granted under certain circumstances: (a) Leave shall not b granted to an employee whom the appointing authority has decided to dismiss, compulsorily retire, or remove from service. (b) Leave shall not be granted to an employee who is under suspension. 16. Verification of title to leave: When an employee applies for grant of leave, his title to the amount of leave at the credit on date, must first be got verified and the admissibility certificate thereof should be put up to the sanctioning authority. The immediate superior officer who will be the Recommending authority, to whom the application will first be submitted by the employee, should forward the application to the sanctioning authority without delay. (Form L.R.-I has reference) 17. Commencement and Termination of leave: Except as provided under rule 18 below leave ordinarily begins on the day on which the employee hands over charge and ends on the day preceding that on which the charge is resumed. 18. Combination of holidays if any with the leave: (a) When the day immediately preceding the day on which the leave begins or the day immediately following the day on which the leave expires is a holiday, or one of a series of holidays, the employee may be permitted to prefix and / or suffix, as the case may be, such holidays and if he so requires, to leave the station on the day of prefixing and be away on holidays which are suffixed. (b) A compensatory leave granted in lieu of duty performed for a full day by an employee on a Sunday or on a holiday, may be treated as a holiday for the purpose of combination of holidays with leave, provided that the total number of such compensatory holidays does not exceed 3 days at a time. 7

8 19. Recall to duty before expiry of Leave: a) An order recalling an employee canceling the leave granted to him before the expiry of the leave shall state whether the return to duty will be optional or compulsory. b) Where the return to duty is optional, the employee shall not be entitled to any concession and where the return to duty is compulsory, the employee shall be entitle to travelling allowance from the station where he is spending his leave to the place where he joins duty, by the shortest route. Section III Kinds of Leave, their Admissibility and Conditions for Grant 20. Kinds of Leave: The kinds of leave admissible under these rules are earned leave, half pay leave, commuted leave, leave not due, and extra-ordinary leave. 21. (a) (b) (c) (d) An employee shall be entitled to earn Earned 1/11 of the period spent by him on duty; but in his first year of service, he shall only be entitled to earn 1/22nd of the period spent by him on duty. An employee shall cease to earn earned leave mentioned under clause [a] above when the earned leave at his credit amounts to 300(*1) days. The maximum period of earned leave that could be granted at a time to an employee shall not exceed 120 days, provided that this period could be extended by the competent authority up to 180 days if that entire leave or part thereof is spent anywhere outside India. In such cases, the number of days spent within India should not exceed 120 days. Where the employee, referred to at sub-rule [a] above, is later regularized or appointed substantively against a permanent post, an additional credit at the rate of 1/22nd on the period of duty spent by him during the first year of his service could be given to his credit. (The provision of Surrender Leave Encashment in OMC temporarily deferred until further orders vide Office Order No.7565/OMC/P&A/2001 dated pursuant to FDOM No dated ) (* 1 ) Amended as per decision of BOD in its 348 th meeting held on and communicated vide office order No.1344 dt

9 22. Calculation of Earned leaves: (a) In calculating earned leave referred to in rule 21 above, the actual number of days of duty performed by the employee should first be counted for each financial year and then it should be multiplied by 1/11th and 1/22nd, as the case may be. The product obtained thereby, if it contains fraction of a day may be rounded of to the nearest number. 23. Encashment on surrender of 30 days of earned leave: An employee of the Corporation other than a person on deputation, who is appointed on a regular basis against a temporary or permanent post, may be allowed to encash earned leave up to a maximum of thirty days subject to the condition specified below: - i) A minimum reserve of 90 days should be available in the leave account of the employee after he encashes a portion of his earned leave, which reserve shall be maintained for unforeseen circumstances. ii) Surrender of earned leave up to a maximum of thirty days will be allowed to the employee only on condition that he proceeds on earned leave for a period of not less than thirty days. iii) The encashment is in lieu of surrender of earned leave at his credit. iv) The concession of encashment of earned leave shall be allowed once in a block period of 12 months commencing from 1st April. v) The interval between two such surrendered periods of earned leave for purposes of encashment shall not be less than 12 months. vi) The leave salary and allowances admissible for leave so surrendered for purpose of encashment would be equivalent to that which the employee would have received had he actually availed of the leave so surrendered. vii) If earned leave applied for by an employee is refused in the interest of the exigencies of work, by the authority competent to sanction the leave, option to encash the earned leave up to the maximum of thirty days may be allowed to be exercised by the employee without his actually proceeding on leave. Provided however the employee is allowed to proceed for that part so refused within a period of six months when exigencies permit. viii) Encashment in respect of the leave salary for the period of the earned leave surrendered by the employee shall be paid to him in full as soon as possible, after the date of commencement of the leave or the date on which the leave would have commenced but for the refusal of the leave. 9

10 ix) In the case of an employee, who is on the verge of retirement, the period of leave surrendered shall not exceed the period of duty between the date of expiry of the earned leave actually availed of and the date of his retirement. The benefit of surrender of leave shall not, however, be allowed in respect of leave sanctioned either as leave preparatory to retirement or as refused leave. x) The leave salary and allowance admissible for the leave surrendered shall not be liable to any deduction on account of provident fund, Postal Life Insurance, Employees Contributory Provident Fund, repayment of advances like Festival Advance, Bi-cycle advance, Scooter advance, Motor Car advance, House Building advance, or repayment of pay advance / T.A. advance etc. but it shall be liable to assessment and deduction thereof for the purpose of Income Tax, if total gross income of the employee is assessable for purposes of taxation, in hands of the employee. xi) The authority, which is competent to sanction earned leave to an employee, shall be competent to accept the surrender of leave and to sanction the encashment. xii) Application for surrender of earned leave (Form LR4) for purposes of encashment shall be made along with the application for grant of leave (Form lr2) to the Competent Authority, Odisha Mining Corporation Limited through the concerned Sectional Heads / Project Heads etc. 24. Maintenance of Leave account in respect of earned leave account: Details of the leave surrendered and encashed shall be noted in the service Book of the employee as and when such encashment are sanctioned, together with details of the amounts thereof drawn by him as encashment. 25. The following shall be some of the guide lines regarding the grant of earned leave together with the encashment concession referred to under rule 23 above. (a) To avoid rush of applications at one and the same time of a particular period of year a programme may be drawn up, by the various authorities competent to sanction earned leave in respect of the officers and members of the staff under their administrative control, in the beginning of the calendar year, to regulate their turns as per priorities to be mutually agreed to and arranged. (b) In preparing such leave roster, the competent authority may take into account the preference of individuals as well as the periods that have elapsed since each person has last taken leave so as to enable those who had taken leave at a more distant past to get the earlier turns. 10

11 26. (c) As under these rules leave cannot be claimed as a matter of right, the competent authority will be free to sanction leave in accordance with the pre-determined programme suggested for preparation under subrule (b) above. (d) Refusal of leave, by the competent authority, in the interest of the work of the Corporation, of the first 30 days for purposes of surrendering the next 30 days for encashment, should as far as possible be few and far between. (a) An employee shall in addition to the leave that may be earned by him under rule 21 above, also be entitled to half pay leave calculated at the rate of 20 days for each completed year of his service. For this purpose a completed year shall be reckoned as the financial year. (b) The half pay leave shall be calculated on the basis of each completed year of service and there will be no provision for any pro-rata entitlement for a part of the year s service. (c) The entitlement to half pay leave will be at the same rate for both regularized employees holding substantive appointments, and for those who are on a temporary basis. (d) Half pay leave can be availed of by an employee on medical grounds or on private affairs if adequate earned leave is not at his credit. 27. If an employee is on extension of leave on the day on which he completes a year of service, he shall yet be entitled to the full credit of the half pay leave for the year, without having to return to duty. 28. In the case of an employee who does not hold a substantive appointment, no half pay leave could ordinarily be allowed, unless there is a prospect of his returning to duty on the expiry of the half pay leave to be sanctioned to him, and to that effect certified as such by the competent authority. 29. There are no maximum limits either for accumulation of half pay leave or for the half pay leave that could be availed of by an employee in one spell from out of such leave at his credit. 30. Commuted Leave: (a) Commuted leave is a new kind of leave which enables an employee to avail of the half pay leave on full pay, that is to say that if he has 60 days of half pay leave at his credit, he could convert those 60 days of half pay leave into 30 days of commuted leave on full pay. 11

12 (b) (c) (d) Commuted leave could be sanctioned only on medical grounds subject to the production of a medical certificate from a medical authority specified under these rules [Vide Rule 12(b)]. The medical certificate shall be in the prescribed form (Vide Form LR.2). Grant of commuted leave shall be subject to the following conditions, viz:- (i) (ii) That the authority sanctioning the leave is satisfied that there is reasonable prospect of the employee returning to duty on the expiry of the leave; That the total duration of earned leave and of commuted leave taken in conjunction thereof, does not exceed 240 days at a time; (iii) That the commuted leave during the entire service of the employee shall be limited to a maximum of 360 days; and (iv) That when commuted leave is sanctioned, twice the amount of such leave shall be debited against the half pay leave standing at the credit of the employee. Notwithstanding anything contained in sub-rule (a) above, the authority competent to sanction the leave may reserve the right not to grant commuted leave, if the employee has sufficient earned leave at his credit. 31. Commuted Leave Salary: Where an employee, who has been granted commuted leave resigns from service or at his own request is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave, and the difference between the leave salary in respect of commuted leave and half pay leave, shall be recovered from him, provided that no such recovery shall be made if the retirement is, by reason of ill-health, incapacitating the employee for further service, or in the event of his death. 32. Commuted Leave: Commuted leave can be granted to an employee at his request even when earned leave may be due to him, if the competent authority is satisfied that there is sufficient justification. 33. Leave not due: (a) LEAVE NOT DUE is a new kind of leave and as its name implies, it is granted when no other kind of leave is due to the employee. In effect Leave not due is half day leave granted in advance of earning half pay leave. 12

13 34. (b) Leave Not Due can be granted to an employee on medical grounds and/or private affairs subject to the following Conditions: - (i) The employee should be the holder of a permanent post; (ii) The authority granting the leave is satisfied that there is a reasonable prospect of the employee returning to duty on the expiry of the leave so granted to him; (iii) leave not due during the entire service of an employee shall be limited to a maximum of 360 days, out of which not more than 90 days at a time, and 180 days in all, may be granted on grounds other than on medical grounds; (iv) Leave not due shall be debited against half pay leave that the employee may earn subsequently; and (v) The authority sanctioning the leave takes an undertaking from the employee that in the event of his resigning or retiring voluntarily from service, he shall refund the leave salary paid to him; (a) Where an employee who, having availed himself of Leave Not due, does not return to duty, recovery in respect of the leave salary paid to him on that account shall be made from him. (b) If an employee, having availed himself of leave not due, returns to duty but resigns or retires voluntarily on a subsequent date before he has actually earned such leave, he shall be liable to refund the leave salary received by him in respect of the leave not due, to the extent that the leave has not been earned subsequently. 35. Notwithstanding the provisions under sub-rules (a) and (b) of rule 31 above, in cases of retirement by reason of ill-health in capacitating the employee for further service or in the event of his death, no such recoveries need be made. 36. Extraordinary Leave: (a) Extraordinary leave may be sanctioned in special circumstances when no other leave is admissible to an employee when other leave although admissible, the employees applies in writing for the grant of extraordinary leave. (b) Unless the Chairman in exceptional circumstances of a case, otherwise determines, no employee, who is not regularized against a permanent post, shall be granted extraordinary leave to the extent of the following limits on any one occasion: - 13

14 37. (a) (b) (i) three months in case of an employee who has not completed three years of continuous service under the Corporation; (ii) six months, where an employee has completed three years continuous service, provided the request for the leave is supported by a medical certificate as required under these rules; (iii) twelve months, where the employee has completed one year service and is undergoing treatment in a recognized hospital for cancer, mental illness, pulmonary tuberculosis, pleurisy, tuberculosis of any other part of the body, leprosy and such diseases; Extraordinary leave is not debited against the leave account and no leave salary is admissible during extraordinary leave; Period of extraordinary leave in an employee s service career shall not be treated as break in the service. 38. Authority to sanction Extraordinary Leave: (a) The authority, competent to sanction extraordinary leave to different categories of employees, is the appointing authority. (b) Extraordinary leave could be sanctioned in combination with or in continuation of any leave that is admissible. (c) The authority, to grant extraordinary leave, may also commute retrospectively, if need be, periods of absence without leave, into extraordinary leave. SECTION IV KINDS OF SPECIAL LEAVE: 39. Kinds of Special Leave: The following shall be some of the kinds of special leave applicable to the employees of the Corporation in addition to these mentioned in the foregoing sections: (A) Quarantine leave (B) Hospital leaves (C) Special Disability leave (D) Maternity leave (E) Study leave 14

15 40. Quarantine leave: (a) Whereas, in consequence of the presence of an infections disease, referred to in sub-rule [b] below in the family or household of an employee, at his residence or sojourn, his attendance at his office is considered hazardous to the health of other employees, he may be granted Quarantine Leave. (b) For the purpose of sub-rule [a] above, small pox, cholera, plague, diphtheria, typhus fever and cerebrospinal meningitis are considered as infectious diseases. (c) Chicken-pox shall not, however, be considered as an infectious disease unless Medical Officer or the Public Health Officer of the area considers that because of doubt as to the true nature of the disease, there is reason for the grant of such leave. (d) Quarantine leave may be granted to the officers and members of the staff in head office and officers in the field other than those serving in the General Manager s office at Daitari by the Secretary on production of a medical certificate from the Public Health Officer or Medical Officer of the area. The General Manager is competent to grant quarantine leave to the employees serving in his office on production of medical certificates by the employees concerned. (e) Quarantine leave at a time may be granted for a period not exceeding 21 days. (f) An employee on Quarantine leave shall be treated as on duty and full pay and allowances will be allowed to him for the period of the Quarantine leave, as if he was on duty. (g) If additional leave is required by the employee beyond the number of days recommended by the medical authority or over the period of 21days mentioned at sub-rule (e) above, the additional leave shall be debited to his regular leave account. (h) In such circumstances, Quarantine leave could be combined with other leave, either prefixed or suffixed. (i) An employee, going to see a sick relative who is suffering from an infectious disease at another station will not be entitled to quarantine leave. (j) Quarantine leave will not be admissible if the employee himself is suffering from an infectious disease of the kind mentioned at sub-rule (b) above. 15

16 41. Hospital Leave: (a) Hospital leave will be admissible in respect of a member Class IV and a Class III staff, whose duties involve the handling of dangerous machinery, explosives, poisonous drugs or the performance of hazardous duties for the period that he undergoes treatment for the injury or the illness which is directly due to risks incurred in the course of discharging the duties. The Officer-in-charge of the office or the establishment in which the employee is serving should, in such circumstances, give a certificate to that effect and should state whether the injury or the illness was not due to the employee s own negligence. (b) The period of the hospital leave admissible and recommended to an employee should be determined on the basis of the medical certificate to be issued to him by the authorized medical attendant. (c) Hospital leave is not to be debited against the leave account of the employee, but it may be combined with leave like earned leave, half pay leave etc, provided that the total period of leave, after such combination, does not exceed 12 months. (d) Leave salary during hospital leave shall be equal either to average pay or half average pay for such period as the authority granting the leave may consider necessary, provided that in the case of a person to whom Workmen s Compensation Act, 1923 (Act 8 of 1923) applies the amount of leave salary payable under this sub-rule shall be reduced by the amount of compensation payable under clause (d) of Subsection (1) of section 4 of the said Act. (e) In case of an employee to whom the Employees State Insurance Act, 1948 (Act 34 of 1948) is applicable, the amount of leave salary payable during hospital leave shall be reduced by the amount of the benefit received by him under the said Act for the leave period in question. (f) The competent authority to grant Hospital leave to any employee in the service of the Corporation will be the Chairman. 42. Special Disability Leave: (a) Special disability leave may be sanctioned to an employee (whether he is holding a temporary post or a permanent post), if he is disabled by injury incurred or inflicted on him while discharging the official duties assigned to him or injury caused to him during the performance by him of arduous duties or in consequence of his official position or by illness incurred in the performance of any particular duty, which has the effect of increasing his liability to illness. 16

17 (b) Such leave can not be granted unless the disability has manifested itself within three months of the occurrence to which it is attributed and the person so disabled has acted with due promptitude in bringing it to the official notice. (c) The period of leave granted under special disability shall in no case exceed 24 months. (d) Special disability leave could be combined with leave of any other kind under orders of the Chairman. (e) Special disability leave could be granted to an employee more than once in his official career but not more than 24 months of such leave shall be granted to him in consequence of any one disability. (f) Special disability leave, when granted to an employee should be counted as duty and it shall not be debited against the leave account of the employee. (g) Leave salary during the Special disability leave shall be as follows: - (h) for the first 120 days of any period of such leave it shall be equal to the leave salary as may be admissible while on earned leave, (i) for the remaining period of such leave it will be equal to leave salary as may be admissible during half pay leave, (j) The competent authority to grant Special Disability Leave to any employee shall be the Chairman. 43. Maternity Leave: (a) (*1) 1. No maternity leave shall be granted to a female OMC Employee for the third and subsequent issues. 2. A female employee may be granted maternity leave for a period which may extend upto a maximum period of 180 days from the date of its commencement or to the end from the date of confinement whichever is earlier. (b) 3. A women employee in whose case the period of days of maternity leave has not expired on the date of issue of this order shall be entitled to the modified maternity leave of 180 days. Maternity leave will be admissible irrespective of the fact whether the female employee is temporary or is regularized in her appointment, confirmed or declared substantive.` on leave. (*1)43(a) amended as per decision of 406th meeting of Board of Directors held on & communicated vide order No / OMC/ Persnl./14 dtd

18 (c) (d) (e) (f) (i) (ii) (h) (i) 44. Study Leave: (a) (b) In the case of an employee who is covered by the Employees State Insurance Act 1948(34 of 1948), the amount of leave salary payable to her under sub-rule (c) above, shall be reduced by the amount of the benefit payable under the said Act for the corresponding period. Maternity leave could be combined with any other leave but the leave applied for in continuation of the former, may be granted only if the request is supported by a medical certificate. Leave in continuation of maternity leave may also be granted in case of illness of the newly born baby, subject to production of medical certificate, to the effect that the condition of the ailing baby warrants the mother s personal attention and that her presence by the baby s side is absolutely necessary. Such extension of the Maternity leave shall be subject to the provisions under sub-rule [a]. Maternity leave can also be granted in cases of miscarriage including abortion, subject to the following conditions that: - The leave does not exceed six weeks and The application for leave is supported by a Medical certificate. Maternity leave is not debited to leave account. The competent authority to grant Maternity leave shall be the Head of the Establishment in the field, and the secretary at the Head office. Study leave may be granted to an employee to prosecute higher studies in scientific and technical subjects or to undergo a specialized course of instruction in professional and technical subject, which have a direct bearing on his sphere of official duties, whether such duty is to be carried out in India or abroad. Study leave will be admissible only in respect of the officers of the Corporation who have rendered at least not less than 5 years continuous service in the Corporation. (c) (*1) The maximum amount of Study leave that could be granted to an officer will be 12 months at a time and 24 months in the whole period of an employee s official career. However, in case of MBBS Doctors prosecuting PG(MD/MS) courses, the maximum period of Study Leave allowable is 3 years subject to condition the MBBS Doctors granted Study leave for prosecuting PG Course shall submit a written undertaking in non-judicial stamp paper to serve in OMC at least 5 years after completion of PG Course failing which he/she shall pay damages for an amount of Rs.10 lakhs (Rupees ten lakh) or the salary (including all components of salary) paid to him/her during the Study Leave period (excluding his/her leave dues) whichever is higher, without any let or demour. (*1) amended as per decision of Board of Directors in their 406 th meeting held on & communicated vide office order No dtd

19 (d) Study leave could be combined with any other leave but the total period should not exceed the 24 months limit. (e) (*1) Leave salary during Study leave shall be equal to Pay, GP & DA admissible on duty immediately before proceeding on Study Leave. (f) (i) (ii) (iii) (g) (h) The competent authority sanctioning the study leave has to satisfy: That the proposed study will be in the interest of the Corporation That it is for prosecuting studies in the technical and professional subject relating to the aims and objects of the Corporation and That the employee after the said study is likely to return to his post and give the benefit of his acquired knowledge, in his work in the Corporation, at least for another 3 years period, if not more. A Study leave out of India shall not be granted for prosecution of studies for which adequate facilities exist in India. The competent authority who would sanction Study leave shall be the Chairman(*2). (*1) amended as per decision of Board of Directors in their 406 th meeting held on & communicated vide office order No dtd (*2) The word Chairman substituted in place of Board of Directors as per decision of BOD in its 341 st meeting held on and communicated vide office order No dt

20 SECTION V MISCELLANEOUS PROVISIONS: 45. Leave Preparatory to retirement: (a) The appointing authority may grant leave preparatory to retirement to an employee, to the extent of the earned leave due to him but not exceeding 120 days or 180 days as the case may be, subject to the condition that such leave extends up to and includes the days preceding the date of compulsory retirement. (b) Leave preparatory to retirement shall not include extraordinary leave or any other special kinds of leave mentioned at Section IV of these rules. 46. Persons re-employed after retirement admissibility of leave to- In case of a person re-employed after retirement, the provisions of these rules shall apply as if he had entered Corporation s service for the first time, on the date of his re-employment. 47. Leave in respect of probationers / Apprentices: (a) (b) (c) In the case of probationer he shall be entitled to leave under these rules as if he is holding the post on a regular basis, otherwise than on probation. If, for any reason it is proposed to terminate the services of a probationer, any leave which may be granted to him shall not extend: - (i) Beyond the date on which the probationary period as already sanctioned or extended expires, or (ii) Beyond any earlier date on which his services are terminated by orders of an authority competent to appoint him. A person appointed as an apprentice shall for purposes of leave be treated as a temporary employee. 20

21 SCHEDULE I AUTHORITY COMPETENT TO GRANT LEAVE Sl. No. Kind of leave Authority competent to grant leave 1. Earned leave, Encashment of leave, Half pay leave, Commuted leave, Extra ordinary leave, Leave not due and Leave preparatory to retirement. Authority to whom power to grant leave has been delegated. 2. Maternity leave Authority to whom power to grant leave has been delegated. 3. Special disability leave and Hospital leave Authority to whom power to grant leave has been delegated. 4. Quarantine leave Authority to whom power to grant leave has been delegated. 5. Study leave Authority to whom power to grant leave has been delegated. **** 21