Rule 16 - Provisional Leave
Original Rule Text
16. Verification of title to leave (1) No leave shall be granted to a Government servant until a report regarding its admissibility has been obtained from the authority maintaining the leave account.
NOTE.- The order sanctioning leave shall indicate the balance of earned leave/half pay leave at the credit of the Government servant. (GSR No. 1422, F.No. 11012/1/77-E.IV(A) dated 21.11.1979
(2)
(a) Where there is reason to believe that the obtaining of admissibility report will be unduly delayed, the authority competent to grant leave may calculate, on the basis of available information, the amount of leave admissible to the Government servant and issue provisional sanction of leave for a period not exceeding sixty days.
(b) The grant of leave under this sub-rule shall be subject to verification by the authority maintaining the leave account and a modified sanction for the period of leave may be issued, where necessary.
(c) In the case of Gazetted Government servants, the Audit Officer may, at the request of the authority competent to grant leave, issue a provisional leave salary slip for a period not exceeding sixty days.
NOTE.- In the case of leave preparatory to retirement or where cash payment in lieu of leave at credit is granted under Rule 39, an undertaking for recovery of the leave salary, if any, paid in excess, shall be taken from the Government servant. (DOPT Notification No. 14028/9/80-Estt.(L) dated 01.10.1981)
What This Means
Rule 16(2)(a) of the CCS (Leave) Rules, 1972, is designed to help government employees get leave approved quickly, even if there's a delay in getting the official 'admissibility report.' This report confirms how much leave an employee has available. The rule allows the authority who can grant leave (like your boss or a higher-up) to make a temporary, or 'provisional,' decision about your leave request. This is especially useful when waiting for the official report would cause significant delays and hardship.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Allows provisional leave sanction up to 60 days.
- 2Applicable when admissibility report is expected to be delayed.
- 3Competent authority calculates leave based on available information.
- 4Provisional sanction ensures timely leave approval in urgent situations.
Practical Example
Mrs. Sharma, a Section Officer in the Ministry of Finance, needs to take leave for her mother's urgent surgery. She applies for 45 days of Earned Leave. However, the Accounts Department is experiencing a backlog, and the admissibility report confirming her leave balance is delayed. Understanding the urgency, her Under Secretary, Mr. Verma, uses Rule 16(2)(a). Based on Mrs. Sharma's leave record and available information, Mr. Verma provisionally sanctions her 45 days of leave, allowing her to attend to her family emergency. Once the official report arrives, any necessary adjustments can be made.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What happens if the provisional sanction is more than the actual leave admissible?▼
Who is the 'authority competent to grant leave'?▼
Is a provisional sanction guaranteed?▼
Can the provisional sanction be for more than 60 days?▼
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
According to Rule 16(2)(a) of the CCS (Leave) Rules, 1972, under what circumstance can a competent authority issue a provisional sanction of leave?