[TO BE PUBLISHED IN THE GAZETTE OF INDIA. EXTRAORDINARY.    
PART II. SECTION-3, SUB-SECTION (i)]
PART II. SECTION-3, SUB-SECTION (i)]
Government of India    
Ministry of Personnel. Public Grievances and Pensions
Department of Personnel and Training
Ministry of Personnel. Public Grievances and Pensions
Department of Personnel and Training
Notification
New Delhi, the 26th August. 2011.
        G.S.R - 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) 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 :- 
Cash equivalent             =  |         Pay  admissible on  the date of availing of availing of the Leave Travel  Concession plus  Dearness Allowance admissible on that date             ------------------------------------------------------------------------- X 30  |         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."
sd/
(Mamta Kundra)
Join Secretary to the Government of India

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