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Rule 13 - Employment on Leave | KartavyaDesk

CCS Leave

Original Rule Text

13. Acceptance of service or employment while on leave (1) A Government servant (other than a Government servant who has been permitted a limited amount of private practice or who has been permitted to undertake casual literary work or service as an examiner or similar employment) while on leave, including leave preparatory to retirement shall not take up any service or employment elsewhere, including the setting up of a private professional practice as accountant, consultant or legal or medical practitioner, without obtaining the previous sanction of - (a) the President, if the proposed services or employment lies elsewhere than in India; or (b) the authority empowered to appoint him, if the proposed service or employment lies in India. (2)(a) No Government servant while on leave, other than leave preparatory to retirement shall ordinarily be permitted to take up any other service or employment. (b) If grant of such permission is considered desirable in any exceptional case, the Government servant may have his services transferred temporarily from his parent office to the office in which he is permitted to take up service or employment or may be required to resign his appointment before taking up any other service or employment. (c) A Government servant while on leave preparatory to retirement shall not be permitted to take up private employment. He may, however, be permitted to take up employment with a Public Sector Undertaking or a body referred to in Clause (a)of sub-rule (2) of Rule 38 and in that event also leave salary payable for leave preparatory to retirement shall be the same as admissible under Rule 40. (3)(a) In case a Government servant who has proceeded on leave preparatory to retirement is required, before the date of retirement for employment during such leave in any post under the Central Government in or outside India and is agreeable to return to duty, the unexpired portion of the leave from the date of rejoining shall be cancelled. (b) The leave so cancelled under Clause (a) shall be allowed to be encashed in the manner provided in sub-rule (2) of Rule 39. (c) Deleted. (MOF Notification No. P-11012/1/77-E-IV(A) dated 21.11.1979) (d) Deleted. (DOPT Notification No. 14028/9/80-Estt.(L) dated 01.10.1981)

What This Means

Rule 13 of the CCS (Leave) Rules, 1972, primarily deals with whether a government employee can take up another job or professional practice while on leave. Generally, you can't just start a new job or business while on leave without permission. This rule is in place to prevent conflicts of interest and ensure that government employees are not using their leave to pursue other ventures that could interfere with their official duties. It applies to all types of leave, including leave preparatory to retirement (LPR), with some specific exceptions and conditions.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Government employees generally need prior sanction to take up any service or employment while on leave.
  • •The sanctioning authority depends on whether the proposed employment is within India (appointing authority) or outside India (the President).
  • •Taking up employment during leave preparatory to retirement (LPR) is generally not permitted, except with Public Sector Undertakings or specified bodies.
  • •If a government servant on LPR is recalled for duty, the unexpired portion of the leave can be cancelled and encashed.
  • •There are exceptions for limited private practice, casual literary work, or service as an examiner, if already permitted.

Practical Example

Mr. Sharma, a Section Officer in the Ministry of Finance, applies for 60 days of earned leave to start a part-time consultancy business in taxation. Since this constitutes 'employment elsewhere' and is not a permitted activity, he needs to seek prior permission from the authority empowered to appoint him (his Under Secretary). If he proceeds without permission, he could face disciplinary action. However, if Mr. Sharma was on Leave Preparatory to Retirement (LPR) and wanted to join a Public Sector Bank after his leave, he may be granted permission, but his leave salary would be subject to specific rules.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

Can I work as a freelance writer while on earned leave?▼
If you have already been permitted to undertake casual literary work, then you can continue. Otherwise, you need to seek permission.
I am on LPR. Can I start my own private business?▼
Generally, no. Rule 13(2)(c) states that a government servant on LPR shall not be permitted to take up private employment. However, you may be permitted to take up employment with a Public Sector Undertaking or a body referred to in Clause (a) of sub-rule (2) of Rule 38.
What happens if I take up employment without permission?▼
Taking up employment without the necessary permission can lead to disciplinary action, potentially including penalties or even termination of service.
If I am called back to duty from LPR, what happens to my remaining leave?▼
The unexpired portion of your leave from the date of rejoining will be cancelled. However, you will be allowed to encash the cancelled leave as per Rule 39(2).
Who is the 'authority empowered to appoint me'?▼
The 'authority empowered to appoint you' is the officer or body that has the power to make appointments to the post you hold. This is usually specified in the relevant service rules or appointment orders.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

A government servant, other than those permitted limited private practice, wishes to accept employment as a consultant in a foreign country while on Earned Leave. According to Rule 13 of the CCS (Leave) Rules, 1972, what is required?

Related Rules

Rule 27CCS (Leave) Rules, 1972 - Rule 27 - Chapter IVRule 28CCS (Leave) Rules, 1972 - Rule 28 - Chapter IVRule 30CCS (Leave) Rules, 1972 - Rule 30 - Chapter IVRule 32CCS (Leave) Rules, 1972 - Rule 32 - Chapter IVRule 35CCS (Leave) Rules, 1972 - Rule 35 - Chapter IV

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