Rule 47 - Seamen's Sick Leave | KartavyaDesk
Original Rule Text
45. Omitted. 46. Omitted. 47. Seamen’s sick leave (1) A Government servant serving as an officer, warrant officer or petty officer on a Government vessel may, while undergoing medical treatment for sickness or injury, either on his vessel or in hospital, be granted leave, by an authority competent to grant leave, on leave salary equal to full pay for a period not exceeding six weeks: Provided that such shall not be granted if a Government Medical officer certifies that the Government servant is malingering or that his ill- health is due to drunkenness or similar self-indulgence or to his own action in willfully causing or aggravating disease or injury. (2) A seaman disabled in the exercise of his duty may be allowed leave on leave salary equal to full pay for a maximum period not exceeding three months, if the following conditions are fulfilled, namely:- (a) a Government Medical Officer must certify the disability; (b) the disability must not be due to the seaman‘s own carelessness or inexperience‘ (c) the vacancy cause by his absence must not be filled. (3)(a) In the case of a person to whom the Workmen‘s Compensation Act, 1923 (8 of 1923), applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under Clause (d) of sub-section (1) of Section 4 of the said Act. (b) In the case of a person to whom the Employees‘ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period. 48. Special Leave connected to inquiry of sexual harassment (DOPT Notification No. 13026/2/2016-Estt.(L), dated 15.03.2017.) Leave up to a period of 90 days may be granted to an aggrieved female Government servant on the recommendation of the Internal Committee or the Local Committee, as the case maybe, during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to the aggrieved female Government servant under this rule shall not be debited against the leave account.
What This Means
Rule 45 of the CCS (Leave) Rules, 1972, has been omitted, meaning it's no longer in effect. However, the rules following it, specifically Rules 47 and 48, are still relevant. Rule 47 deals with 'Seamen's Sick Leave,' providing specific leave provisions for government employees working on government vessels who become sick or injured. This rule outlines the conditions under which they can receive leave with full pay, including the requirement for a medical certificate and limitations based on the cause of the illness or injury. It also considers situations where the Workmen's Compensation Act or the Employees' State Insurance Act apply, adjusting the leave salary accordingly.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Rule 45 is omitted and no longer applicable.
- •Rule 47 provides sick leave benefits for government seamen.
- •Seamen's sick leave is granted with full pay under specific conditions.
- •Medical certification is required for seamen's sick leave.
- •Leave salary may be reduced based on Workmen's Compensation or Employees' State Insurance benefits.
Practical Example
Ramesh, a warrant officer on a government vessel, falls ill and requires medical treatment. A Government Medical Officer certifies that Ramesh is suffering from a genuine illness and not malingering. Under Rule 47, Ramesh is eligible for leave with full pay for a period not exceeding six weeks. However, if Ramesh were also receiving benefits under the Employees' State Insurance Act for the same period, the leave salary he receives under Rule 47 would be reduced by the amount of the ESI benefit.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What does it mean when a rule is 'omitted'?▼
Who is eligible for Seamen's Sick Leave under Rule 47?▼
Can Seamen's Sick Leave be denied?▼
How long can Seamen's Sick Leave be granted for?▼
What happens if a seaman is also receiving compensation under the Workmen's Compensation Act?▼
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
Under CCS (Leave) Rules, 1972, what is the maximum period for which a government servant serving as an officer on a Government vessel can be granted leave with full pay while undergoing medical treatment for sickness or injury?
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