Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com ALL INDIA SERVICES (LEAVE) RULES, 1955 CONTENTS 1. Short title 2. Definitions 3. Right of leave 4. Earning of leave 5. Commencement and termination of leave 6. Return to duty on expiry of leave 7. Maximum period of absence from duty 8. Combination of leave 9. Grant of leave beyond the date of retirements 10. Rate and amount of earned leave 11. Maximum leave admissible at a time 12. Half pay leave 13. Commuted Leave 14. Leave not due 15. Extraordinary leave 16. Special Disability Leave 17. Study Leave 18. Maternity leave 18B. Paternity Leave 19. Conversion of one kind of leave into another kind 20. Leave Salary 20A. Cash equivalent of leave salary in case of death in service 20B. Payment of cash equivalent of leave salary to a member of the service retiring from service on attaining the age of superannuation 20C. Payment of cash equivalent of leave salary to a member of the service retiring from service before attaining the age of superannuation 20D. Payment of cash equivalent of leave salary to a member of the service who resigns from service 21. Accepting any service or employment while on leave 22. Recall of a member of the Service while on leave 23. Rejoining of duty on return from leave on medical grounds 24. Overstayal after expiry of leave 25. Effect of transfer to foreign service while on leave 26. Regulation of leave during foreign service in India 27. Regulation of leave during foreign service out of India 28. Leave salary contribution while on foreign service in India 2 9 . Extent of leave admissible to a probationer in case of termination of service 30. Counting of former service for leave in case of reinstatement after dismissal or removal of compulsory retirement from service 31. Procedural Instructions 32. Relaxation of the provisions of the rules in individual cases 33. Interpretation 34. Repeal 35. xxx xxx xxx ALL INDIA SERVICES (LEAVE) RULES, 1955 11. Vide Notification No. 5/2/53-AIS (II), dated 12th September, 1955. In exercise of the powers conferred by sub-section (1) of Sec. 3 of the All India Services Act, 1951 (61 of 1951), the Central Government after consultation with the Govt. of the States concerned, hereby makes the following rules, namely:- 1. Short title :- These rules may be called the All India Services (Leave) Rules, 1955. 2. Definitions :- 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, 1[* * *] (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 rules 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 the date on which he became subject to these rules; (f) Foreign service means service where a member of the Service receives his pay with the sanction of the Government from any source other than Consolidated Fund of India or the Consolidated Fund of any State: (g) Government means- (i) in the case of a member of the service serving in connection with the affairs of the Union, the Central Government; or (ii) in the case of a member of the Service serving under a foreign Government (whether on duty or on leave), the Central Government; or (iii) in the case of a member of the Service serving in connection with affairs of a State, the Government of that State; or (iv) in the case of a member of the Service on leave, the Government who sanctioned him the leave: [Provided that in the case of a member of the service who is granted leave on expiry of his deputation to the Central Government, another State Government or foreign Service, "Government" shall also include the Government of the State on whose cadre he is borne.] Explanation.- A member of the Service whose services are placed at the disposal of any company, corporation, organization or any local authority by the Central Government or the Government of a State shall, for the purposes of these rules, be deemed to be a member of the Service serving in connection with the affairs of the Union or the affairs of that State, as the case may be, notwithstanding that his salary is drawn from sources other than the Consolidated Fund of the Union or of that State. (h) half pay leave means leave earned under Rule 12 in respect of completed years of service; (i) half pay leave due means the amount of half pay leave to the credit of member of the Service on the date on which he became subject to these rules calculated in accordance with the Government rules by which he was governed immediately before that date plus the amount of half pay leave calculated as prescribed in Rule 12 diminished by the amount of half pay leave including twice the amount of commuted leave taken under these rules; (j) joining time means the time allowed to a member of the Service in which to join a new post or to travel to or from a station to which he is posted; (k) leave includes earned leave, half pay leave, commuted leave, leave not due, extraordinary leave, study leave, special disability leave, maternity leave or any other authorised leave of absence; (l) leave salary means the monthly amount admissible to a member of the Service who has been granted leave under these rules; [(m) member of the Service means a member of "an All-India Service" as defined in Sec. 2 of the All India Service Act, 1951 (61 of 1951)]; (n) month means a calendar month. Explanation.- In calculating a period expressed in terms of months and days, complete calendar months irrespective of the number of days of which each such month may consist shall First be calculated and the odd number of days calculated subsequently. [(o) * * *l GOVERNMENT OF INDIAS DECISIONS: 21 . A State Civil/Police Service officer who is appointed to the IAS/IPS, while on leave is to be governed by these rules with effect from the date on which the leave granted to him expires. The fact that the officer is appointed to the IAS/IPS during the currency of leave does not alter the validity of the order granting leave under the rules in force at the time the leave is granted. 32. For the purpose of clause (i) all types of leave in respect of which leave salary is restricted to half pay, shall be equated to half pay leave. 43 . State Civil/Police Service Officers, appointed on the I.A.S/I.P.S on probation shall be governed by these rules from the dates of their appointment. 54. In accordance with the Explanation under clause (g) the notification granting leave to a member of the Service, whose services are placed at the disposal of a company, corporation etc. is to be issued by the Government Central or State by which his services were placed at the disposal of the corporation etc. 6 5.1. A question arose whether the past service, as an I.P.S. probationer, or an I.A.S. probationer would count for purposes of joining time, leave, etc. 5.2. The attributes of a substantive holder that a probationer enjoys can apply to the Service or Post in which he is on probation. Consequently, on his appointment to the 1-A.S. before the 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 not, therefore, be entitled to joining time, joining time pay and transfer travelling allowance under the Government of Indias Decision No. 4 below F.R. 105. 5.3. The cany forward of the leave earned by the officer as an I.P.S. probationer is permissible, as it does not depend on his status permanent or temporary. 1. Omitted by D.P. and A.R. Notification No. 11019/5/76-AIS (III), dated 20th June, 1977 i.e. G.S.R. 815 dated 25th June, 1977. 2. [G.I. M.H.A. letter No. 7/28/57-AIS (II), dated 18th November, 1957.] 3. [G.I. M.H.A. letter No. 3/5/58-AIS (III), dated 27th June, 1958.] 4. [G.I. M.H.A. letter No. 4/2/59-AIS (II), dated 28th July, 1959.] 5. [G.I. M.H.A. U.O. No. 16/8/61-AIS (III), dated 20th October, 1961] 6. [G.I. M.H.A. letter No. 14/12/62-AIS (I), dated 28th November, 1962.] 3. Right of leave :- (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. 4. Earning of leave :- 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. 5. Commencement and termination of leave :- 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 i s 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 her 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 circumstances in and conditions on which Sundays or other public holidays maybe prefixed or affixed (or both prefixed and affixed) to leave. GOVERNMENT OF INDIAS DECISIONS : 1. Prefixing/suffixing of holidays to leave Prefixing and suffixing holidays to leave other than leave on medical certificates, may be allowed automatically except in cases where for administrative reasons permission for prefixing/suffixing holidays to leave is specifically withheld. In the case of leave on medical certificates, if the day on which an employee is certified medically fit for rejoining duty happens to be a holiday he shall be automatically allowed to suffix such holidays) to his medical leave and such day(s) shall not be counted as leave. 12 . Intimation of leave at credit The order sanctioning the leave/half-pay leave to a member of the service shall indicate the balance of such leave at his credit. 2 3. When a member of the service avals of leave towards the end of a half year and such leave extends beyond the close of the half year into the next half year, that portion of leave which falls in the half year which is coming to a close is to be deducted from the leave at the credit of the member of the service and the balance leave carried forwarded to the next half year. The advance credit of 15 days due at the commencement of the next half year be allowed subject to the provision regarding maximum limit of 180 days. That portion of the leave which falls in the next half year is then to be debited in the leave account. 1. [D.P. A.R. letter No. 11019/13/77-AIS (III), dated 22nd June, 1977.] 2. [D.P. A.R. letter No. 11019/83-AIS (III), dated 28th April, 1982.] 6. Return to duty on expiry of 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. GOVERNMENT OF INDIAS DECISIONS : 1 This rule is attracted only where a member has actually proceeded on leave and wishes to return to duty before its expiry. Where a member has been sanctioned leave but has not actually proceeded on leave he can have it cancelled at his option. Any leave so cancelled at his option cannot, however, be treated as refused leave and cannot consequently be availed of after the date of retirement. 1. [G.I. M.H.A. letter No. 4/23/59-AIS (II), dated 1st October, 1959.] 7. Maximum period of absence from duty :- (1) No member of the Service shall be granted leave of any kind of a continuous period exceeding five years. ck601 (2) A member of the service shall be deemed to have resigned form the service if he- (a) is absent without authorization for a period of one year;or (b) remains absent from duty for a continuous period of five years with or withour leave; or (c) continues on foreign service beyond the period approved by the Central Goverment: Provided that a reasonable opportunity to explain the reason for such absence or continuation on foreign service shal be given to the member of the service before the provisions of this sub-rule are invoked. Ck601.In rule 7 for subrele(2) shall be substitued by the All India Service(Leave) Amendment Rules 2004 8. Combination of leave :- 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. 9. Grant of leave beyond the date of retirements :- [. - [(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) * * *] [(3) * * *] [(4) The Government shall suo moto sanction to member of the Service who is deemed to have retired from service under sub-rule (1) of rule 5-A of All India Services (Death-cum-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) * * *] GOVERNMENT OF INDIAS DECISIONS: 11 . A member of the Service, who is required to retire or who himself chooses to retire under sub- rule (3) of rule 16 of the All India Services (Death-cum- Retirement Benefits) Rules, 1958, may be allowed the leave due and admissible to him provided it does not extend beyond the date on which he attains the age of 58 years. If the leave is allowed to be availed of before the expiry of the period of notice the period of notice or unexpired period of notice as the case may be and the leave should run concurrently. 22.1. A question has been raised whether the instructions issued by the State Government in the case of their employees, prescribing a time limit for applying for leave preparatory to retirement, etc. can be applied to the member of the All India Services serving in connection with the affairs of the State by invoking the provisions of clause (b) of rule 2 of the All India Services (Conditions of Service-Residuary Matters) Rules, 1960. 2.2. The Government of India have been advised that clause (ft) of Rule 2 of the All India Services (Conditions of Service- Residuary Matters) Rules, 1960, is attracted where general rules have been made governing a conditions of service, but such rules do not regulate a particular matter relating to that condition of service. Thus, even though specific rules, namely the All India Services (Leave) Rules, 1955, have been made under the All India Services Act, 1951 , as these rules do not prescribed any time-limit for applying for leave preparatory to retirement to orders issued by the State Government, fixing the time- limit for applying for leave preparatory to retirement in the case of member of their State Civil Service Class I, would apply to the members of the All India services Serving in connection with the affairs of the State by virtue of clause (b) of Rule 2 of the All India Service (Conditions of Service-Residuary Matters) Rules, 1960. 2.3. However, the member of the All India Services/State Civil Services on deputation to the Government of India will be governed by the procedure laid down in Department of Personnel and A.R. O.M. Nos. 1/2/72-AIS(II) dated 17th April, 1972 and 5th January, 1973. 3. It has been decided that leave salary of members of All India Services who arc granted leave under Rule 9(2) will be determined in the manner indicated below:- Rule 9(2), is permitted to take up employment, the leave salary for the leave shall no longer be restricted to that admissible during half pay leave. However, the leave salary shall continue to be subject to reduction on account of pension and pension equivalent of other retirement benefits. 3 4. A question has been raised whether the leave granted to a member of the Service as leave preparatory to retirement or under Rule 9(2) can co- terminate with the date of retirement of the officer concerned. The matter has been considered and it has been decided that such leave can extend upto and include the date of retirement. 1. [G.I. M.H.A. letter No. 13/4/63-AIS(III), dated 5th October, 1963.] 2. [D.P. and A.R. Letter No. 14/2/71-AIS(III), dated 28th August, 1972.] 3. [D.P. and A.R. letter No. 11019/29/78-AIS (III), dated 18th January, 1979.] 10. Rate and amount of earned leave :- 1[(1) (a) The leave account of a member of the Service shall be credited with 30 days earned leave in a calendar year. This shall be done in advance in two instalments of 15 days each on the 1st of January and July, every year. (b) The credit afforded under Cl. (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. (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-year shall not exceed 2[3["300"] days]. (d) If a member of the Service is appointed on or after the 1st of January of a year, earned leave shall be credited to his leave account at the rate of 2 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. (e) The credit for the half-year in which a member of the Service is due to retire or resigns from service shall be afforded only at the rate of 2/2 days per completed calendar month in the half-year upto the date of retirement or resignation. If the leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary overdrawn, if any. (f) When a member of the Service is removed or dismissed from the service or dies while in service, credit of earned leave shall be allowed at the rate of 2/2 days per completed calendar month upto the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service. Where the quantum of earned leave is in excess of the leave, the over-payment of leave salary shall be recovered in such cases. (2) While affording credit under sub-rule (1) fraction of a day shall be rounded off to the nearest day. GOVERNMENT OF INDIAS DECISIONS : A question has been raised as to whether a Central Civil Government servant who is on leave on the last day of a particular half year may be allowed to avail himself of the advance credit of earned leave (3) In the case of a State service officer appointed to the All India Services the maximum limit on accumulation of leave laid down in 4[Cl. (c) of sub-rule (1)] shall not apply during the period of the first five years from the date of his appointment to the Service or from that of the commencement of these rules, whichever is later, and such an officer may be allowed during the said period of five years to avail himself of the accumulated leave to his credit : Provided that on the expiry of the said period of five years the leave at the credit of the officer in excess of the normal maximum limit of accumulation of leave laid down in sub-rule (2) shall lapse: Provided further he shall not earn leave during that period unless the accumulated leave at his credit falls below 180 days. GOVERNMENT OF INDIAS DECISIONS: 5 The intention of the proviso to sub-rule (3) is that a State Service officer promoted to the I.A.S./I.P.S. must exhaust the extra amount of leave, in excess of 180 days which is allowed to be carried forward, before the expiry of 5 years from the 12th September, 1955 or the date of promotion to the IAS/IPS whichever is later, i.e., whatever amount of leave in excess of the maximum limit of accumulation is unavailed of on the date of expiry of 5 years limit will lapse. 1. Subs. by D.P. and A.R. Notification No. 11019/5/76-A.I.S. (III), dated 20th June, 1977 i.e. G.S.R. 815, dated 25th June, 1977. 2. Subs. by G.S.R. 406, dated 14th May, 1987 for "180 days". 3. Substituted for "240", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.14th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No.G.S.R. 60, dated March 3, 1998, published in the Gazette of India, Part II, Section 3(i),dated 14th March, 1998, p. 207, No. 11 [No. 11019/6/97-AIS(III)] [L] 4. Subs. by D.P. and A.R. Notification No. 11019/5/76-A.I.S. (III), dated 20th June, 1977 i.e. G.S.R. 815, dated 25th June, 1977, 5. [G.I. M.H.A. U.O. No. 4/13/59-AIS (II), dated 21st July, 1959.] 11. Maximum leave admissible at a time :- . 1.-Subject to the provisions of Rule 9, 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 2 ["300"] days 1. Substituted for " 11 . Maximum leave admissible at a time .- (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 120 days: 2 [Provided that earned leave granted 3 [* * *] or as preparatory to retirement shall be subject to a maximum of 4 [240 days]. (2) Earned leave may be granted to a member of the Service exceeding a period of 120 days but not exceeding 180 days, if the entire leave so granted or any portion thereof is spent outside India, Burma, Ceylon 5 [* * *] 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. ", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.22nd May, 1993 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 252, dated May 3, 1993, published in the Gazette of India, Part II, Section 3(i), dated 22nd May, 1993, p. 837, SI. No. 21 [No. 11019/6/91/AIS(111)] [C] 2. Substituted for "240", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.14th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No.G.S.R. 60, dated March 3, 1998, published in the Gazette of India, Part II, Section 3(i),dated 14th March, 1998, p. 207, No. 11 [No. 11019/6/97-AIS(III)] [L] 12. Half pay leave :- [ (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 or service which he is likely to render in the half year of the calendar year in which he is appointed. (b) The credit for the half year in which a member of Service is due to retire or resigns from the service shall be allowed at the rate of 5/3 days per completed calendar month upto the date of retirement or resignation. (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 upto the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service. (3) The leave under this rule may be granted on medical certificate or on private affairs.] GOVERNMENT OF INDIAS DECISIONS: 1 1. See Government of Indias Decision 2 below Rule 2. 1. [G.I. MHA letter No. 13/7/64-AIS (III), dated October, 1964.] 13. Commuted Leave :- [(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 maybe 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 recovered. Provided that no such recovery shall be made if the retirement is by reason of ill-health incapacitating the member of the Service for further service or in the event of his death.] GOVERNMENT OF INDIAS DECISIONS: 1 1. Commuted leave under Rule 13 can be granted to a member of the Service, if he applies for it, even though he has earned leave at his credit. 1. [G.I. M.H.A. letter No. 4/19/59;AIS(III), dated 10th August, 1959.] 14. Leave not due :- 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 1[* * *] 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 2[half pay leave. Leave not due shall be debited against the half pay leave the member of service may earn subsequent]. (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. GOVERNMENT OF INDIAS DECISIONS: 3(1) The Government of India have decided that leave not due, if any, availed of by a member of the Service under the Ordinary Leave Rules or the Revised Leave Rules, 1933 (Central) or the corresponding rules of the State Governments shall be counted towards the limit of 360 days laid down in this rule. 4 (2) (i) resigns from service without returning to duty, the leave not due shall be cancelled, his resignation taking effect from the date on which such leave had commenced and the leave salary shall be recovered; and (ii) return to duty but resigns before he has earned such leave, he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently. 1. Omitted by GSR 397(E), dated 29th March, 1989. 2. Subs. by Omitted by GSR 397(E), dated 29th March, 1989. 3. [G.I. MHA letter No. 10/7/56-AIS(II), dated 24th October, 1956.] 4. [File No. 11011/2/78-AIS(III).] 15. Extraordinary leave :- (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- (a) when no other kind of leave is admissible, or (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. 16. Special Disability Leave :- (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. 17. Study Leave :- (1) 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. 18. Maternity leave :- [(1) Maternity leave may be granted to a woman member of the Service with less than two surviving children on full pay upto a period of 1["135"] 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) upto a maximum of one year pay, if applied for, be granted in continuation of maternity leave granted under sub- rule (1)]. NOTE.- Maternity leave may also 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 supported by a medical certificate. GOVERNMENT OF INDIAS DECISIONS : 1. According to note below Rule 18, a female member of the service may be granted maternity leave in cases of miscarriage, including abortion subject to the conditions that the leave applied for dots not exceed six weeks and the application for leave is supported by a medical certificate. 2 2. It has now been decided that the abortion induced under the Medical Termination of Pregnancy Act, 1971 , should also be considered as a case of abortion for the purpose of granting maternity leave under the All India Services (Leave) Rules, 1955 . 1. Substituted for "90", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.28th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No.G.S.R. 71, dated March 9, 1998, published in the Gazette of India, Part II, Section 3(i), dated 28th March, 1998, pp. 243- 244, No. 13 {No. 11019/6/97-AIS (C-III)] [L] 2. [G.I. D.P. and A.R. letter No. 11019/9/75-AIS(III), dated 6th June, 1975.] 18B. Paternity Leave :- . 1 .-A male member of the Service with less than two surviving children may be granted paternity leave for a period not exceeding fifteen days during the confinement of his wife: Provided that, notwithstanding anything contained in Rule 3, paternity leave under this rule shall not ordinarily be refused. 1. Inserted vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.28th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No.G.S.R. 71, dated March 9, 1998, published in the Gazette of India, Part II, Section 3(i), dated 28th March, 1998, pp. 243-244, No. 13 {No. 11019/6/97-AIS (C-III)] [L] 19. Conversion of one kind of leave into another kind :- (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. 20. Leave Salary :- 1[(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). 2[* * *] (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 of 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 earned leave account shall be debited with half the number of days for which leave salary is granted under this sub-rule. (7) The leave salary during special disability leave in respect of any period not covered by sub-rules (5) and (6) shall be at the rate specified in sub-rule (2). GOVERNMENT OF INDIAS DECISIONS : 3 A member of the Service, on half pay leave/under suspension, whose leave salary/subsistence allowance falls below the amount on which clearness allowance is admissible to Central Government servants, would be entitled to dearness allowance. The leave salary actually drawn should be taken into account for both the purpose of monetary limits within which the allowance is admissible and for calculation of the amount of the dearness allowance. 1. Subs. by D.P. and A.R. Notification No. 11019/9/76-A.I.S(III), dated 17th July, 1976 i.e. G.S.R. 1109, dated 31st July, 1976 (w.e.f. 1st March, 1976). 2. Omitted by D.P. and A.R. Notification No. 1/9/74-A.I.S.(III), dated 10th June, 1975 i.e. C.S.R. 754, dated 21st June, 1975. 3. [G.I. MHA letter No. l/133/63-AlS(II), dated 2nd December, 1963.] 20A. Cash equivalent of leave salary in case of death in service :- [ (1) Where a member of the Service dies while in service, the cash equivalent of the leave salary that the deceased officer would have received had he availed himself of earned leave, at his credit on the date immediately following the date of death subject to a maximum of 12 ["300 days including the number of days of earned leave in respect of which encashment has been made under Rule 20- C."]shall be paid to his family. (2) In addition to the cash equivalent of leave salary admissible under sub-rule (1), the family of a deceased officer shall also be entitled to dearness allowance under All India Services (Dearness Allowance) Rules, 1972 .] 1. Subs. by G.S.R. 406, dated, 14th May, 1987. 2. Substituted for "[240 days], ", vide " ALL INDIA SERVICES (LEAVE) RULES, 1955" Dt.14th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No.G.S.R. 60, dated March 3, 1998, published in the Gazette of India, Part II, Section 3(i),dated 14th March, 1998, p. 207, No. 11 [No. 11019/6/97-AIS(III)] [L] 20B. Payment of cash equivalent of leave salary to a member of the service retiring from service on attaining the age of superannuation :- [ (1) The Government shall suo moto sanction to amember of the Service who retires from the service under sub-rule (1) of rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 19581[* * * *], the cash equivalent of leave salary in respect of t h e period of earned leave at his credit on the date of his retirement, subject to a maximum of 2[240 days]: 3[Provided that a member of the Service who attamed the age of superannuation before the 30th September, 1977 and was on extension of service on or after that date shall be entitled to the cash equivalent of leave salary, on his retirement from service, in respect of the earned leave that was refused to him in public interest and was carried forward to the period of extension plus earned leave due to him during the period of extension reduced by the amount of earned leave availed of during such period, subject to a maximum of 4[240 days].] (2) The cash equivalent of leave salary payable to a member of the Service under sub-rule (1) above shall also include dearness allowance admissible to him on the leave salary at the rates in force on the date of retirement, and it shall be paid in one lump sum, as a one-time settlement. (3) The city compensatory allowance and the house rent allowance shall not be included in calculating the cash equivalent of leave salary under this rule. (4) From the cash equivalent so worked out no deduction shall be made on amount of pension and pensionary equivalent of other retirement benefits. 5[(5) In the case of member of the service who retires from service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, the authority competent, to grant leave may withheld whole or part of cash equivalent of leave salary. In respect of earned leave, if in the view of such authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings the amount so withheld shall be paid after adjustment of Government dues, if any.] 6[(6) The cash equivalent under this rule shall be calculated as follows : - Cash \Pay admissible on the date \Number of unutilised earned equivalent = \of retirement plus dear- x \leave at credit on the date of re- \ \ \ness allowance admissible \tirement subject to a maximum of \ \ \on that date 4 [240 days] \ \ \__________________________ \ \ \ \ \30 1. Deleted by Notification No. 11019/17/79-AIS(III), dated 28th August, 1980, i.e. (G.S.R. 950, dated 20th September, 1980). 2. Subs. by G.S.R- 406 dated 14th May, 1987. 3. Ins. by Notification No. 11019/17/79-AIS(III), dated 28th August, 1980, i.e. (G.S.R. 950 dated 20th September, 1980). 4. Subs. by G.S.R. 406, dated 14th May, 1987. 5. Subs. by G.S.R. 1111, dated 5th November, 1985. 6. Ins. by Notification No. 11019/25/81-AIS(III), dated 3rd February, 1984, i.e. (G.S.R. No. 163 dated 3rd February, 1984). 20C. Payment of cash equivalent of leave salary to a member of the service retiring from service before attaining the age of superannuation :- [ (1) The Government shall suo moto sanction to a member of the service who retires from service under sub-rule (1) of rule 15 or sub-rules (2) and (2-A) of Rule 16 of the All India Services (Death- cum-Retirement Benefits) Rules, 1958 or to whom notice has been given under sub-rule (3) Of that rule, the cash equivalent of leave salary in respect of the earned leave and half pay leave standing to his credit on the date on which he retires from service : Provided that the quantum of leave in respect of which cash payment is made under this rule shall not extend beyond the date on which the member of service attains the age of superannuation under sub-rule (1) of rule 16 of the All India Services (Death-cum - Retirement Benefits) Rules, 1958: 1[Provided further encashment in respect of earned leave shall be allowed even if it exceeds the period between the date on which the member of the service retires and the date on which he attains the age of superannuation under sub-rule (1) of rule 16 of the All India Services (Death-cum - Retirement Benefits) Rules, 1958.] (2) The cash equivalent of leave salary payable in respect of earned leave shall be limited to 2[240 days]. (3) The cash equivalent of leave salary payable under sub-rule (1) shall include dearness allowance, in the case of a member of the Service retired from service, before 24th February, 1979 for the first 120 days of leave and in the case of a member of the service retired from service on or after 24th February, 1979 for the first 180 days of leave, at the rates in force on the date on which the member of the service retired from service, and shall be paid in one lump sum, as a one time settlement. (4) The City Compensatory Allowance and the House Rent Allowance, shall not be included in calculating the cash equivalent of leave salary under this rule. (5) The pension, pension equivalent of other retirement benefits and relief in pension shall not be deducted from the cash equivalent of leave salary payable under sub-rule (1) in respect of earned leave but it shall be deducted from the cash equivalent of leave salary payable in respect of half pay leave : Provided that if leave salary payable in respect of half pay leave falls short of the aggregate of pension, pension equivalent of other retirement benefits and relief in pension, the deductions from cash equivalent of half pay leave shall be limited to the leave salary in respect of half pay leave. (6) A member of the Service, who has been permitted by the State Government to voluntarily retire from service while under suspension or who is retired by the Central Government in public interest while under suspension shall be paid the cash equivalent of leave salary under sub-rule (1) in respect of the period of leave at his credit on the date of his retirement from service provided that in the opinion of the authority competent to order re-instatement the member of the Service has been fully exonerated and the suspension was wholly unjustified.] 3 [(7) The leave salary payable for the half pay leave component under sub-rule (1) shall be calculated as follows :- Cash pay- Half pay leave salary plus Number of days of half pay leave ment in D.A. if admissible (minus) due on the date of retirement sub- lieu of half = pension, pension equiva- x ject to the limits prescribed under pay leave lent of gratuity and relief the rule.] component on the pension if dearness allowance is admissible on half pay leave. \ \ \ \ ________________________________ 30 1. Ins. by G.S.R. 1111, dated 5th November, 1985. 2. Subs. by G.S.R. 406, dated 14th May, 1987. 3. Inserted by Notification No. 11019/25/81-AIS(III), dated 3rd February, 1984 i.e. (G.S.R. 163, dated 18th February, 1984). 20D. Payment of cash equivalent of leave salary to a member of the service who resigns from service :- [ The Government shall suo moto sanction to a member of the service who resigns from the service the cash equivalent of leave salary in respect of earned leave at his credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 1 [120 days]. 1. Subs. by G.S.R. 406, dated 14th May, 1987 21. Accepting any service or employment while on leave :- (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 role does not apply to casual literary work of 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. GOVERNMENT OF INDIAS DECISION: 1 Under rule 21(1) of the Rules, no member of the All India Service shall be granted permission to accept private employment during L.P.R. 1. [G.I. D. P. and A.R. letter No. 11019/13-77-AIS(III), dated 22nd June, 1977.] 22. Recall of a member of the Service while on leave :- [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 purposes of calculating leave; and (iv) to receive leave salary during the voyage to India, and for the priod from the date of landing in India to the date of joining his post, to be paid (b) If the leave from which he is recalled is in India, to be treated as on duty from the date on which he starts for the station to which he is ordered and to draw travelling allowances admissible to him as a member of the Service for the journey but to draw until he joins his post, leave salary only. Explanation.-For the purpose of this rule leave out of India has the same meaning as given in sub-rule (2) of rule 11.] 23. Rejoining of duty on return from leave on medical grounds :- 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. 24. Overstayal after expiry of leave :- 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. Wilful absence from duty after the expiry of leave may render a member of the Service liable to disciplinary action. 25. Effect of transfer to foreign service while on leave :- 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. 26. Regulation of leave during foreign service in India :- (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. 27. Regulation of leave during foreign service out of India :- (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 before-hand 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 pays to the Consolidated Fund of India leave contribution at such rate as the Central Government may, by general or special order, prescribe. [NOTE.- In the case of a member of the Service who remains on foreign service out of India and who, on reversion, immediately takes leave under these rules, the leave salary shall be calculated in accordance with Rule 20 of these rules. The pay, which the member of the service would have drawn if on duty in India but for foreign service out of India, shall be taken as the pay actually drawn for the purpose of calculating leave salary.] rule 28. 28. Leave salary contribution while on foreign service in India :- (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.-For the purpose of calculating the rate of leave salary admissible the pay drawn in foreign service, less in the case of the member of the Service paying his own contribution, such part of pay as may be paid as contribution, shall count as pay. GOVERNMENT OF INDIAS DECISION : 1 In pursuance of sub-rule (3), the Government of India have decided that the rates of leave salary contribution in respect of officers of the All India Services on foreign service in India shall be the same as those applicable to officers of the Central Services, Class I, governed by the Revised Leave Rules, 1933, viz., the rates, which are laid down in Appendix II-A in Volume II of the A.G.P. and Ts Compilation of Fundamental and Supplementary Rules, They have also decided that the same rates shall apply to officers on foreign service out of India falling within the purview of rule 27(2). 1. [G.I. M.H.A. letter No. 10/9/55-AIS(II),dated 31st July, 1956.] 29. Extent of leave admissible to a probationer in case of termination of service :- 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. GOVERNMENT OF INDIAS DECISION: 1.1. A question aroce whether on reversion a member of the Service can cany forward the balance of leave at his credit. 1 1.2. This rote does not provide for the lapsing or carrying forward of leave on termination of Service. If, however, the leave roles of the Service, to which he is reverted or reappointed provide for the carrying forward of such leave, he can do so. 1. [G.I. M.H.A. letter No. 16/5/61-AIS(III), dated 29th November, 1961.] 30. Counting of former service for leave in case of reinstatement after dismissal or removal of compulsory retirement from service :- 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, 1955, shall be entitled to count his former service for leave. 31. Procedural Instructions :- (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-Geneal 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. 32. Relaxation of the provisions of the rules in individual cases :- Where the Government is satisfied that the operation of any of these rules causes or is likely to cause under 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. 33. Interpretation :- [If any question arises as to the interpretation of these rules, the Central Government shall decide the same.] 34. Repeal :- 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 ?o repealed shall be deemed to have been made or taken under the corresponding provisions of these rules. 35. xxx xxx xxx :- xxx xxx xxx MISCELLANEOUS EXECUTIVE INSTRUCTIONS: Clarifications have been sought by some Accountants General as to how the leave salary of IAS/IPS probationers in respect of their past service under the Central Government is to be allocated and whether prior concurrence of the Central Ministry/Department concerned is necessary in this regard. 11. It is clarified that all previous services rendered by IAS/IPS/IFS probationers under the Central Government before their appointment to these Services, should count for leave if the service is continuous. The leave salary in such cases has to be allocated on the analogy of the provisions contained in rule 9 of Part II-B of Appendix III to Accounts Code Vol. I. The concurrence of the concerned Ministry of the Government of India is not necessary. However an intimation may be sent to them in this regard. As regards probationers, who were-working under the State Government before their appointment to the IAS/IPS/IFS their previous service shall count for leave provided the State Government under whom they were working agree to pay the leave salary. 22 . A point has been raised whether in the case of a member of an All India Service who is deputed to serve under the Central Government but applied for leave before assuming charge under the Central Government who is the competent authority to grant him leave in such circumstances and the date from which the deputation of the officer to the Central Government actually commenced. It is clarified that in the type of cases referred to in the preceding paragraph, the competent authority to grant leave is the State Government. The period of deputation to the Central Government in such cases commences from the date on which the officer assumes charge under the Central Government on the expiry of the leave so granted to him. The joining time admissible to him will commence on the expiry of the leave. State Service Officers (Conditions of Service) Act, 1972, should be carried forward as on the 1st October, 1972, to their leave account to be opened under the All India Services (Leave) Rules, 1955. (2) It is clarified that the following procedure should be followed in this regard:- (i) The leave on average pay at the credit of an officer under column 6 of the leave account should be carried forward as earned leave to his leave account to be opened under the All India Service (Leave) Rules, 1955, subject to a maximum of 180 days. If the leave carried forward is 180 days, the will cam further leave under the new rules only when the accumulated leave at his credit falls below 180 days. (ii) Twice the credit in Column 7 of the leave account under the Ordinary Leave Rules should be converted into days and carried forward to the new leave account as half pay leave and from 1st October, 1972, half pay leave shall be calculated under Rule 12. Rule 13. (iv) The leave not due, if any, availed of by an officer under the Ordinary Leave Rules, shall be counted towards to limit of 360 days laid down in Rule 14. If he has already aviled of leave not due for 360 days or more upto 1st October, 1972, he shall not be entitled to any further leave not due. 3(3) If an officer was sanctioned leave under the Ordinary Leave Rules before 1st October, 1972, and the period of the leave extends beyond 1st October, 1972, the portion of the leave falling beyond this date should be treated as leave sanctioned to him under the All India Services (Leave) Rules, 1955 . Thus, in case the leave on average pay sanctioned to him was in excess of four months (120 days), the leave salary admissible to him, during the period of leave in excess of 120 days, falling beyond 1st October, 1972, would not be subjected to the ceiling prescribed under F.R. 89. The period of leave spent in India in such cases, should however, not exceed 120 days. 44. A point has been raised whether orders issued by some State Governments in regard to the encashment of leave to its employees could be extended to members of the All India Services working under them under rule 2(6) of the All India Services (Conditions of Service-Residuary Matters) Rules, 1960. It is clarified that encashment of leave to members of the AIS serving under the State Government is a matter relating to conditions of service and since there is no provision in any of the rules made under the All India Services Act, 1951 for encashment of leave, maters relating to encashment of leave in the case of members of the service serving to connection with affairs of the State are to be regulated in accordance with the rules, regulations and orders applicable to members of the State Civil Services, Class I in terms of Rule 2(b) of the AIS (Conditions of Service-Residuary Matters) Rules, 1960. It is further clarified that in accordance with the provisions contained in rule 2(a) of the Rules referred to in the previous paragraph, membeis of the All India Services serving in connection with the affairs of the Union are governed by the rules, regulations and orders as applicable to the Central Civil Services Group A. As the benefit of leave encashment is not available to the member of the Central Civil Services. Group A, members of AIS serving in connection with the affairs of the Union are not entitled to this benefit. It is, therefore, not correct to sanction leave encashment to members of All India Services, who are serving in connection with the affairs of the Union. GOVERNMENT OF INDIAS DECISION: 5 The undersigned is directed to say that it has been decided to delegate to each Ministry/Department the powers of the Central Government under rule 3(1), Rule 6, Rule 9(2), Rule 11(2), Rule 12(2), Rule 13, Rule 14, Rule 15, Rule 16, Rule 18, Rule 19, Rule 20(6), in regard to the All India Service Officers working in or under each Ministry/Department. 1. [Letter No. l/19/72-AIS(III), dated 13th October, 1972] 2. [D.P. and A.R. letter No. 1/4/73-AIS(III), dated 31st January, 1973.] 3. [D.P. and A.R. letter No. 1/24/72-AIS(III), dated 24th May, 1973.] 4. [G.I.,DP and AR letter No. 14/1/70-AIS(III), dated 28th June, 1975 and No. 11019/6/81-AIS(III), dated 21st September, 1981.] 5. [G.I. letter No. 11019/7/78-AIS(III), dated 12th April, 1978.]