Rule 6 - Transfer & Leave | KartavyaDesk
Original Rule Text
6. Transfer to industrial establishment If a Government servant governed by these rules is appointed in an industrial establishment wherein his leave terms are governed by the Factories Act, 1948 (63 of 1948), the authority competent to grant leave shall, suo motu, issue an order granting cash equivalent of leave salary in respect of earned leave and half pay leave at his credit subject to a maximum of 300 days and the cash so granted shall be a sum equal to the leave salary as admissible for earned leave and leave salary as admissible for half pay leave plus dearness allowance admissible on that leave salary at the rate in force on the date the Government servant ceases to be governed by the provisions of the said rules:—
What This Means
Rule 6 of the CCS (Leave) Rules, 1972 deals with what happens to your accumulated leave when you transfer from a regular government job to a position in an 'industrial establishment' where leave is governed by the Factories Act, 1948. Think of it as moving from a typical office job to a factory or similar industrial setting. Because the leave rules are different in these industrial establishments, the government essentially 'cashes out' your existing leave balance.
This rule ensures that you don't lose the leave you've earned under the CCS (Leave) Rules. The government will pay you the cash equivalent of your earned leave and half-pay leave, up to a maximum of 300 days. This payment includes your leave salary (what you'd normally get paid while on leave) plus any dearness allowance (DA) applicable at the time you switch jobs. This applies automatically; you don't need to apply for it. The department will initiate the process.
Essentially, it's a way to settle your leave account when you move to a job governed by a different set of leave rules, ensuring you receive the monetary value of the leave you've accumulated under the CCS (Leave) Rules before switching to the Factories Act rules.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Applies when a government servant transfers to an 'industrial establishment' under the Factories Act, 1948.
- •The government pays the cash equivalent of earned leave and half-pay leave up to a maximum of 300 days.
- •Payment includes leave salary (for both earned leave and half-pay leave) plus dearness allowance (DA).
- •The process is initiated 'suo motu' (on its own) by the authority competent to grant leave; the employee doesn't need to apply.
- •The DA rate used is the rate in force on the date the government servant ceases to be governed by CCS (Leave) Rules.
Practical Example
Mr. Sharma, a Section Officer in the Ministry of Finance, is selected for a position as a Welfare Officer in a government-owned textile mill. This textile mill falls under the purview of the Factories Act, 1948. At the time of his transfer, Mr. Sharma has 200 days of earned leave and 100 days of half-pay leave to his credit. His last drawn basic pay was ₹60,000, and the dearness allowance (DA) rate is 42%.
According to Rule 6, the Ministry of Finance will issue an order to pay Mr. Sharma the cash equivalent of his 200 days of earned leave and 100 days of half-pay leave. The calculation would be: (200 days * ₹60,000/30) + (100 days * ₹30,000/30) + DA at 42% on the sum of these two amounts. This ensures Mr. Sharma receives the monetary value of his accumulated leave before he starts his new role under the Factories Act.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What happens if I have more than 300 days of combined earned leave and half-pay leave?▼
Do I need to apply for this cash equivalent of leave salary?▼
What is considered an 'industrial establishment' for the purpose of this rule?▼
Is the dearness allowance (DA) calculated on my current salary or the salary I was drawing when I earned the leave?▼
Does this rule apply if I am transferred to another government department that still follows CCS (Leave) Rules?▼
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 Rule 6 of the CCS (Leave) Rules, 1972, when a government servant is appointed to an industrial establishment governed by the Factories Act, 1948, what is the maximum number of days for which cash equivalent of earned leave and half pay leave can be granted?
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