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In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972. namely :-
1. (i) These rules may be called the Central Civil Services (Leave) (Third Amendment) Rules. 2011
(2) They shall come into force on the date of their publication in the official Gazette.
2. For rule 38 of the Central Civil Services (l.eave) Rules, 1972. the following rule shall be substituted, namely:—
“38-A. Encashment of Earned Leave along with Leave Travel Concession while in service. –
(1) A Government servant may be permitted to encash earned leave up to ten days at the time of availing of Leave Travel Concession while in service, subject to the conditions that-
(a) a balance of atleast thirty days of earned leave is available to his credit after taking into account the period of encashment as well as leave being availed of:
(b) the total leave so encashed during the entire career does not exceed sixty days in the aggregate;
(2) The cash equivalent for encashment of leave under sub-rule (1) shall be calculated as follows namely :-
Pay admissible on the date of availing of the Leave Travel Concession plus Dearness Allowance admissible on that date
Number of days of earned leave being encashed subject to the maximum of ten days at one time.
(3) No House Rent Allowance shall be included in the cash equivalent calculated under sub-rule (2);
(4) The period of earned leave encashed shall not be deducated from the quantum of leave that can normally be encashed by the Government Servant under rules 6, 39,39-A,39-B,39-Cand 39-D:
(5) If the Government Servant fails to avail the Leave Travel Concession within the time prescribed under the Central Civil Services (Leave Travel Concession) Rules. 1988, then he shall be required to refund the entire amount of leave so encashed along with interest at the rate of two percent above the rate of interest allowed by the Government as applicable to Provident Fund balances and shall also be entitled for credit bank of leave so debited for leave encashment.”