Leave Regulation TNEB

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TAMIL NADU ELECTRICITY BOARD

LEAVE REGULATIONS

In exercise of the powers conferred by section 79-(c) of the


Electricity (Supply) Act, 1948, the Tamil Nadu Electricity Board
hereby makes the following regulations.

REGULATIONS

1. NAME AND COMMENCEMENT: These regulations may


be called the Tamil Nadu Electricity Board Leave Regulations and
th
they shall come into force from 10 June, 1967.

2. APPLICATION: These regulations with such amendments


as may be effected by the Board from time to time shall apply to all
the employees of the Board whether for the time-being in foreign
service or not except to the holders of the posts included in the
Appendix-I to whom the leave rules under the Factories Act apply.

Provided that the employees of the Government Electricity


Department whose services have been transferred to the Board from
1st July 1957 and persons recruited to Board's Service during the
period from 1st October 1957 to the date of issue of these
regulations, shall have the option to be governed by the rules
applicable to them prior to the date of issue of these regulations.
Such option shall be exercised within six months from the above
said date. In case an employee is on leave on that date the option
must be exercised within six months from the date of return from
leave. The option once exercised is final. An employee who does not
make such a declaration will automatically become subject to these
regulations.

Provided further that in the case of personnel allotted to the


Madras State from the former Travancore Cochin State and
transferred to the service of the Board, who had elected to remain
under the leave rules under the Travancore Service Regulations, the
leave rules as they stood on 31st October 1956 alone shall apply and
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the amendments issued by the Government of Kerala after that date
to those rules shall not be applied.

Note: If there is a break in the service of an employee, who does


not elect to come under these regulations, due to his
resignation, he will, on re-employment, be eligible for leave
only under these regulations.

3. DEFINITIONS: In these regulations, unless there is


anything repugnant in the subject or context-

(a) Duty does not include any period of absence on any


leave admissible under these regulations but includes-

(i) any period of absence on casual leave during a


continuous period spent on duty;
(ii) any period of absence on authorised holidays during a
continuous period spent on duty;
(iii) any period of absence on authorised holidays when
permitted to be prefixed or affixed to leave;
(iv) any period spent on foreign service, if contribution
towards leave salary is paid on account of such period;

(v) joining time; and

(vi) all periods declared to be duty during an authorised


course of instructions or training.

(b) (i) Employee means any person to whom these


regulations apply.

(ii) Permanent employee means an employee who holds


substantively a permanent post or who holds a lien on
such a post or would hold such a lien had it not been
suspended to whom these regulations apply.

(iii) Non-permanent employee means an employee who is


not a permanent employee to whom these regulations
apply.
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(c) (i) Pay means the greater of the amounts specified
below:-

(a) the substantive pay plus special pay, personal


pay and any other emoluments classed as
pay, on the date before the leave commences,
or
(b) the average monthly pay plus special pay,
personal pay and any other emoluments
classed as pay earned during the twelve
complete months preceding the month in
which the leave commences.

Exception:

In the case of employees in Class IV


Service, the pay as defined in Service Regulation
10(19) on the last day of duty period prior to the
commencement of leave, shall be taken for the
purpose of item (b) instead of the average pay as
contained therein.

(ii) Half pay means, half the amounts specified in item (a)
or (b) above, whichever is greater.

Note: (1) The pay drawn by an employee in foreign service in


excess of that admissible under the Board shall be
classified as special pay.

(2) The term "substantive pay" in clause (c) of this regulation


includes the pay drawn by an employee in a post on which
he holds a provisional lien under regulation 28 (c) of the
Service Regulations.
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GENERAL
4. EARNING OF LEAVE: Leave is earned by duty only.
Note: The period of joining time during which an employee on
transfer is not entitled to be paid will not count for purposes of
leave.
5. COUNTING OF FORMER SERVICE FOR LEAVE:
(a) An employee who is dismissed or removed or
compulsorily retired from service as a measure of discipline but is
reinstated on appeal or revision, is entitled to count his former
service towards leave.

(b) If an employee, who is retired from service either due to


reduction in permanent establishment or due to incapacity (Physical
or mental) for further service and has been granted compensation or
invalid Pension or gratuity or other retirement benefits, is
re-employed and if his gratuity is thereupon refunded or his pension
held wholly in abeyance or the other retirement benefits be repaid to
the Board, his past service thereby becoming eligible for retirement
benefits on ultimate retirement, he may, at the discretion of the
authority sanctioning the re-employment and to such extents as that
authority may decide, count his former service towards leave.
Note (1): In the case of an employee who resigned his post under
the Board if re-employed, the previous service will not
count for purpose of leave.

Note (2): An employee who has no lien on any other post except
that which it is proposed to abolish, may be granted leave
admissible to him immediately before the abolition of the
post, but in that case, the orders abolishing that post
should state explicitly that the post is abolished from the
date on which the leave so granted terminates.
Note (3): In the case of employees, who are thrown out of
permanent posts but continue to hold temporary posts or
to officiate in other posts without a break, the leave
earned by them while holding the permanent posts will
not lapse and can be carried forward.
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6. KINDS OF LEAVE:

(a) The following are the kinds of leave to which an


employee may be eligible: -
(1) Earned Leave;
(2) Unearned leave, i.e.Leave on Private Affairs or
Leave on Medical Certificate;
(3) Extraordinary leave;
(4) Special disability leave;
(5) Study leave;
(6) Maternity leave;
(7) Casual leave.

(b) save in the case of casual leave and subject to the


restriction in regulation 17(1), any kind of leave admissible under
these regulations may be granted in combination with any other kind
of leave so admissible or in continuation of leave already taken
whether of the same or of any other kind.

7. CLAIMING OF LEAVE: Leave cannot be claimed as of right.


Discretion is reserved to the authority empowered to grant leave, to
refuse or revoke leave at any time according to the exigencies of
service.

Note (1): An employee cannot be compelled against his wishes to


take leave on half pay when leave on full pay is admissible
to him. These orders must not be interpreted as interfering
with the discretion entrusted to an authority competent to
grant leave to determine whether leave should or should
not be granted.

Note (2): An authority empowered to grant leave has no power to


interfere with the option admissible to an employee to take
leave on full pay or on half pay as he may elect. Thus
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once leave is sanctioned, its nature cannot be altered by
treating two separate spells of leave as a continuous one
so as to obviate any unintended benefit being derived
from the regulations. The deliberate or intentional evasion
of leave regulations can, however, be checked by the
leave sanctioning authorities by resort to refusal of leave
under this regulation. Action shall be taken to ensure that
all cases, in which a fresh spell of leave is applied for by
employees after a short Interval of duty, are carefully
examined with a view to see that the spirit of the
regulations is observed and that the competent authorities
refuse the leave by exercising the discretion vested in
them under this regulation, if they have reasons to believe
that an attempt was being made to take undue advantage
of the leave regulations or to evade the spirit thereof.

Note (3): When employees who have no casual leave to their credit,
apply for leave for a day or two in advance, they may be
granted extraordinary leave without pay and allowances
only when they are not eligible for any other leave or on
specific request by the employees. The provisions in this
note will not apply to cases where periods of absence
without leave are commuted retrospectively into
extraordinary leave under regulation 19.

8. AUTHORITIES EMPOWERED TO GRANT LEAVE: The


authorities specified in column (1) of the table below are empowered
to grant leave to the employees specified in the corresponding entry
in column (2) thereof to the extent specified in the corresponding
entry in column (3) of the said table.

TABLE

Employees to
Authority empowered
whom leave may Extent of power
to grant leave
be granted
(1) (2) (3)
1 Tamil Nadu Chief Engineer Full Power
Electricity Board
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(1) (2) (3)


2 Chairman, Chief Engineers, If the sanction of leave involves
Tamil Nadu Superintending promotion, emergency or
Electricity Engineers, otherwise, of a person not
Board Chief Financial regularly selected for promotion,
Controller, the case shall go before the Board
Secretary, for orders. Leave involving
Under Secretary transfers and postings and urgent
and other officers cases of first appointments or
of the Board's promotion of persons already in a
Secretariat. panel approved by the Board if the
appointment or promotion is in the
order of preference indicated in
the panel, may be sanctioned
subject to ratification by the Board.
3 Chief All employees If the sanction of leave to an
Engineer in Class I and employee involves promotion,
Class II Service emergency or regular of a person
upto and inclusive not regularly selected for such
of the rank of promotion, or, if a person whose
Executive first appointment on promotion has
Engineers, not been sanctioned by the Board,
Construction the case should be reported to the
Accounts Officer, Board for orders. The Chief
Accounts Officer Engineer shall not be competent
and Stores to refuse leave if such refusal is
Accounts Officer in likely by the operation of
his office and the regulation 29 (b) or otherwise to
offices under his involve extra expenditure to the
control. Board but he shall forward to the
Board for orders his proposal to
refuse leave.
4 Appointing Employees in Full Power
authority Class III and Class
IV Service.
5 Personnel Superintendents, Full Power
Officer Assistants, Junior
Assistants, Typists
and Steno Typists,
Duffadars and
Office Helpers of
the Office of the
Chief Engineer/
Personnel.
8
(1) (2) (3)
6 (a) Superin- Assistant Engineers Can sanction any leave
tending and Junior independently or combined
Engineers Engineers I Grade with other kinds of leave
and employees in subject to a maximum of
Class-III not covered 180 days except study
by item (4) above. leave
(b) Superin- Draughtsmen and Full Power.
tending Assistant
Engineers. Draughtsmen.
7 Chief Financial Employees in Class Can Sanction any leave
Controller III other than those independently or combined
covered by item (4) with other kinds of leave
above. subject to a maximum of
180 days except study
leave.
8 (a) Executive Assistants, Junior Can Sanction leave upto
Engineers Assistants, Typists one month subject to the
and Office Helpers. condition that no extra
expenditure is involved. A
copy of the leave sanction
order should be sent to the
Superintending Engineer.

(b) Executive (i) Employees of Full Power


Engineers and above the
rank of Line
Inspector in
Regular Work
Establish-
ment within
their
jurisdiction.

(ii) Employees of Can Sanction leave for a


the rank of period beyond one month
Lineman and
below in
Regular Work
Establish-
ment within
their
jurisdiction.
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(1) (2) (3)
9 Assistant Office Helpers and Can sanction leave upto
Executive employees for whom one month. A copy of the
Engineers they are not the leave sanction order
appointing authorities should be sent to the
upto and inclusive of Executive Engineer
the rank of Lineman concerned.
in Regular work
Establishment within
their jurisdiction.

10 Foreign Employees in Class Full power to grant leave


employer III and Class IV on full pay not exceeding
Service in foreign 120 days.
service
11 (a) Foreign Employees in Class I Full power to grant leave
employer. and Class II Service on full pay not exceeding
in foreign service 120 days other than
leave preparatory to
retirement.

(b) The Employees in Class I Full Power


authority and Class II Service
which in foreign service
sanctioned
the
transfer to
foreign
service

Note: For calculation of "extra cost or expense" as referred to in


column (3) of the above Table, expenditure on transit pay
and travelling allowance may be disregarded; but charges
such as increased remuneration granted to an employee
under regulations 40 and 49 of the Service Regulations
should be taken into account.

9. RECKONING OF LEAVE: Leave ordinarily begins on the


day on which transfer of charge is effected and ends on the day
preceding that on which charge is resumed.
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10. (a) PREFIXING AND AFFIXING OF HOLIDAYS TO LEAVE:

When day immediately preceding the day on which an


employee's leave begins or immediately following the day on which
his leave ##......## expires is a holiday or one of a series of holidays,
the employee may leave his station at the close of the day before, or
return to it on the day following such holiday or series of holidays
provided that -
(1) his transfer or assumption of charge does not involve
the handing or taking over of securities or of moneys
other than a permanent advance;

(2) his early departure does not entail a correspondingly


early transfer from another station of an employee to
perform his duties; and

(3) the delay in his return does not involve a corresponding


delay in the transfer to another station of the employee
who was performing his duties during his absence or in
the discharge from service of a person temporarily
appointed to it.

(b) On condition that the departing employee remains


responsible for moneys in his charge, the Chief Engineer may
declare that provision (1) under clause (a) is not applicable to any
particular case.
(c) Unless the authority sanctioning the leave or transfer in
any case otherwise directs-
(1) If holidays are prefixed to leave, the leave and any
consequent re-arrangement of pay and allowances take
effect from the first day after the holidays, and
(2) If holidays are affixed to leave ##......##, the leave
##......## is treated as having terminated on, and any
consequent re-arrangement of pay and allowances take
effect from the day on which the leave ##......## would
have ended if holidays had not been affixed.
## The expressions "or joining time" – omitted vide (Per) B.P.(FB)
No.42 (SB), dated 07.07.2001.
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Explanation-1:

In deciding whether the absence of an employee during


holidays involves the transfer of an employee from another station
for the purpose of this regulation, account should be taken only of
the substitute who takes the place of the absent employee, not of all
the employees in the chain of arrangements arising from one
employee's absence on leave.

Explanation-2:

The term "holiday" used in clauses (a) and (c) above should
be held to mean-
(a) a holiday prescribed or notified by the Board, and
(b) With reference to any particular office, a day on which
such office is ordered by notification of the Board to be
closed for the transaction of public business without
reserve or qualification.
The term does not include such local holidays as may
be granted at the discretion of heads of offices nor
holidays which are merely permissible or discretionary.

Note (1): Optional holidays shall not be prefixed or


affixed to leave.

Note (2): Compensatory leave may be allowed to be


prefixed or affixed to regular leave or casual
leave subject to the usual conditions.
Explanation-3:
When holidays intervene between two spells of leave, they
should be treated as leave.
Explanatlon-4:
Local holidays cannot be permitted to be prefixed or affixed
to leave as such holidays cannot be regarded as holidays
contemplated in explanation 2 above.
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(d) Taking over and handing over of charge:

(i) When holidays are prefixed to leave, the employee


proceeding on leave will report before leaving the station or if for
urgent reason the leave is granted during holidays, as soon as it is
granted, he will cease to discharge the duties of his post with effect
from the end of the holidays. The relieving employee will then
assume the duties of the post at the end of the holidays in the
ordinary course.

(ii) When holidays are affixed to leave, the officiating


employee will be relieved in the ordinary way before the holidays,
and the employee on leave will return at the end of the holidays but
will be regarded as having assumed the duties of the post with effect
from the commencement of the holidays.

(iii) Except in cases covered by (i) and (ii) above, Note 1


under Service Regulation 21, which requires transfer of charge
certificates to be signed by both the relieved and relieving
employees on the day on which charge is transferred, should be
strictly followed.

11. ACCEPTANCE OF EMPLOYMENT WHILE ON LEAVE:


(1) An employee on leave may not take service or accept
any employment without obtaining the previous sanction of the
Board.

(2) The leave salary of an employee who is permitted to take


up employment under a private employer or any Government during
leave, shall be subject to such restrictions as the Board may by
order prescribe.

Note: This regulation does not apply to casual literary work or to


service as an examiner or similar employment or to
acceptance of foreign service, which is governed by Service
Regulation 65.

(3) No employee who immediately before going on leave


preparatory to retirement held a post in Class I or Class II Service in
a permanent or officiating capacity should be permitted, except for
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special reasons, to accept any employment, until such leave expires
and his constructive date of retirement commences.
Note: This regulation should not be construed as permitting an
employee who avails himself of leave on medical certificate
to undertake employment during such leave.

(4) Terms to be granted to employees on leave during leave


preparatory to retirement:

When an employee, whether eligible for pension or not, who


is on leave under regulation 29 is employed in any post under the
Board, he may continue to enjoy his leave concurrently with such
employment, but his leave salary, which may be drawn in addition to
pay of the post in which he is employed, will be reduced by the
amount of pension and pension equivalent of other retirement
benefits.

Note: The calculation of pension equivalent of the gratuity shall be


based on the full amount of the Death-cum-Retirement
Gratuity admissible under the Tamil Nadu Electricity Board
Liberalised Pension Regulations, 1960 and not on the
amount of gratuity reduced with reference to regulation 5 of
the Tamil Nadu Electricity Board Employees Family
Pension Regulations, 1964 issued in Board's Proceedings
Ms.No.790, dated the 29th March 1965.

No leave will be earned in respect of such period of


employment during leave. During such employment, he may also be
granted Dearness and Compensatory allowances, if any, admissible
on the basis of pay. These allowances will neither be admissible on
leave-salary, nor will the leave salary be taken into account in
calculating the allowances.

(5) When an employee is permitted, during leave


preparatory to retirement before attaining the age of superannuation
or during leave under regulation 29(b) to take up employment
elsewhere than under the Tamil Nadu Electricity Board, his
leave-salary will also be restricted as in clause (4) above.
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12. RECALL FROM LEAVE:

All orders recalling an employee to duty before the expiry of


his leave should state whether the return to duty is optional or
compulsory. If the return is optional, the employee is entitled to no
concession. If it is compulsory, he is entitled to be treated as on duty
from the date on which he starts for the station to which he is
ordered, and to draw Travelling Allowance under the regulations and
in this behalf for the journey, but to draw until he joins his post leave-
salary only.

Note: When an employee who has proceeded on leave


preparatory to retirement is required for employment during
such leave in any post under the Board and is recalled to
duty with his consent, such recall will be treated as 'optional'
for the purpose of this regulation.

13. (a) PRODUCTION OF MEDICAL CERTIFICATES:

No employee who has been granted leave on medical


certificate may return to duty without first producing a medical
certificate of fitness in the form prescribed below.-

Signature of applicant:

We the members of a Medical Board_________________________


Civil Surgeon of ___________________________ a Registered
Medical Practitioner of ___________________________________,
certify that we/I have carefully examined A,B,C of
Thiru/Thirumathy _________________whose signature is given
above, and find that he has recovered from his illness and is not fit
to resume duties in Board's service. We/I also certify that before
arriving at this decision, we/I have examined the original medical
certificate and statements of the case (or certified copies thereof, on
which leave was granted or extended) and have taken these into
consideration in arriving at our/my decision.
(b) The authority by whom leave has been granted to an
employee for reasons of health, though not on a medical certificate,
has power to require the submission of a medical certificate of
fitness before he returns from leave.
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(c) If the employee on leave is an employee in Class I or II
Service who has taken leave on a certificate granted by a Medical
Board, the certificate of fitness to return to duty should also be from
a Medical Board except:
(1) in case in which the leave is for not more than ninety
days, or
(2) in cases in which the leave is for more than 90 days or
leave for 90 days or less is extended beyond 90 days
but the Medical Committee granting the original
certificate or the certificate for extension state at the
time of granting such certificate that the employee need
not appear before another Committee for obtaining the
certificate of fitness to return to duty.
In the cases in items (1) and (2) above, the certificate
should be signed by a Commissioned Medical Officer
or a Government Medical Officer in charge of a civil
station.

(d) If the employee on leave does not belong to Class I or


Class II Service the authority under which the employee will be
employed on return from leave may, in its discretion, accept a
certificate signed by any registered medical practitioner.

14. RETURN TO DUTY BEFORE EXPIRY OF LEAVE:

(1) An employee on leave may not return to duty before the


expiry of the period of leave granted to him, unless he is permitted to
do so by the authority which granted him leave.
(2) Notwithstanding anything contained in sub-regulation (1),
an employee on leave preparatory to retirement shall be precluded
from withdrawing his request for permission to retire and from
returning to duty save with the consent of the authority empowered
to appoint him.
Note (1): An employee desiring to return to duty within the period
of his leave should communicate his desire to the
authority which sanctioned the leave sufficiently early to
enable suitable arrangements to be made.
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Note (2): An employee returning to duty at a time other than that
fixed for him by the authority which granted him leave
has no claim to be appointed to any particular post and
will be allowed to join only when a suitable vacancy
occurs.
Note (3): No formal cancellation of the unexpired portion of leave is
necessary when an employee returns to duty before the
expiry of his leave.

15. OVERSTAYAL OF LEAVE:

(1) An employee who remains absent after the end of his


leave, the period of such overstayal of leave should, unless the
leave is extended by the competent authority, be treated as follows:

(a) If he is in Class I, Class II or Class III Service-

(i) as leave on private affairs to the extent such leave is


due, unless the overstayal is supported by a medical
certificate;

(ii) as leave on medical certificate to the extent such


leave is due, if the overstayal is supported by a
medical certificate;

(iii) as extraordinary leave to the extent the period of


leave due on private affairs and/or on medical
certificate falls short of the period of overstayal.

(b) If the officer is in Class IV Service as in Clauses (a)(ii)


and (iii) above MUTATIS MUTANDIS.

(2) The employee is not entitled to leave salary during such


overstayal of leave not covered by an extension of leave by the
competent authority.

(3) Willful absence from duty after the expiry of leave may
be treated as misbehaviour for the purpose of regulation 31 of the
Service Regulations.
17
16. EARNED LEAVE:

(1) (a) A permanent employee shall earn leave at the rate of


1/11th of the period spent on duty provided that he shall cease to
earn leave while he has to his credit such leave amounting to 240
days.

(b) A non-permanent employee (i.e.) a probationer and a


temporary employee, shall earn leave at the rate of 1/22 of the
period spent on duty provided that he shall cease to earn leave while
he has to his credit such leave amounting to 30 days.
Note: Persons appointed as Assistant Engineers and Junior
Engineers II Grade, Junior Assistants, Typists, Assessors,
Stores Custodians II Grade, Record Clerks, Office Helpers,
etc, from Regular Work Establishment will be allowed to carry
forward the earned leave at their credit in their leave account
prior to their appointment as Junior Assistants/Typists/
Assessors, Stores Custodian II Grade/Record Clerks, Office
Helper, etc.
(2) The amount of leave due to permanent or non-permanent
employees in any Class of Service is the amount of earned leave
diminished by (i) the earned leave which has been taken, and (ii)
one half of the amount of special disability leave taken on full pay
under regulation 22 (7) (b).
(3) An employee may, at any time, be granted the whole or
any part of the leave at his credit subject to the maximum prescribed
in sub-regulation (1) or (2) above.
(4) If any interruption of duty other than leave occurs in the
service of any non-permanent employee, the earned leave to his
credit shall lapse.

(5) If at any time an approved probationer in any Class of


service ceased to be in employment, for want of a vacancy and is
subsequently re-appointed, his leave account shall-
(i) be credited with the amount of earned leave due to him
on the day when he last ceased to be in employment;
and
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(ii) be debited with the amount of all unearned leave taken
by him prior to such date.

Note (1): Even though an approved probationer is allowed to earn


leave and be granted leave as permanent employee,
re-calculation of his leave account in respect of his
previous duty is not permissible. Such recalculation should
be made only after the employee is substantively
appointed to a permanent post.
Note (2): The grant of any kind of leave to non-permanent
employee shall be subject to the condition that but for the
grant of the leave, he would have continued to hold a post
in Board's service until the expiry of the leave.

Note (3): The Chairman/Chief Engineer is empowered to grant


leave as follows to an employee in Class III and Class IV
Service in the office/offices under his control who is on
probation and whose probation has been terminated but
who has been subsequently reinstated on appeal to cover
the period of non-employment-

(i) earned leave at his credit on the day of termination of


probation; and

(ii) extra-ordinary leave to the extent necessary.

UNEARNED LEAVE

Permanent Employees in Class I, II and III Services.

17. (1) Leave on Private Affairs:

Leave on Private Affairs may be granted to a permanent


employee in Class I, II and III Service for 180 days in all and upto a
maximum of 90 days at any one time.

Leave on Private Affairs may be combined with earned


leave, but the total amount of leave so combined admissible at any
one time, shall be limited to six months.
19

(2) Leave on Medical Certificate:


(a) Leave on medical certificate may be granted to a
permanent employee in Class I, II and III Service for
360 days in all. Such leave shall be given only on
production of a certificate from such medical
authority as the Board may by general or special
order prescribe and for a period not exceeding the
amount of leave recommended in the certificate.
(b) When the period of 360 days prescribed in
sub-regulation (a) has been exhausted, further leave
on medical certificate for a period not exceeding 180
days in all may be granted in exceptional cases on
the recommendations of the medical authority
referred to in sub-regulation (a).
(3) Unearned leave with allowance may, in no case be
granted, unless the sanctioning authority is satisfied that as far as
can be reasonably foreseen, the Board employee will return to
duty, provided that such leave may be granted preparatory to
retirement. Board employee may however be granted such leave in
cases where they die or are invalidated on Medical grounds before
or after sanction of such leave for the period of absence till the date
of death or invalidation as the case may be.

Note (1): In cases where the second period of unearned leave on


private affairs preparatory to retirement is taken within a
month of duty and the competent authorities are of the
view that it is done in order to evade the operation of the
above regulation, the two periods of leave shall be treated
as one, and the leave already sanctioned revised in
accordance with the above regulation. The excess leave
salary, if any, shall be recovered from the employee
concerned.
Note (2): The authority sanctioning leave shall get from the Board
employee, who applies for unearned leave with allowance
an undertaking that he will refund the leave salary for the
period of unearned leave in case he does not return to
duty after expiry of the leave. In the case of Board
employee who dies while on UEL on MC or is invalidated
20
on medical grounds on the expiry of such leave or during
the course of leave, the refund of leave salary drawn till
the date of death/invalidation, shall not arise.
(4) Omitted.

(5) Permanent employees in Class IV Service:


(i) A permanent employee in Class IV Service may be
granted leave on medical certificate for 180 days in
all.
(ii) Unearned leave with allowances may in no case be
granted unless the sanctioning authority is satisfied
that, as far as can be reasonably foreseen, the
employee will return to duty.
Note: Please see note 2 under Regulation 27(3).
UNEARNED LEAVE
18 (1) Non-permanent employees in Class I, II or III Service
who has served for not less than two years, may be granted leave
on medical certificate for 180 days in all and upto a limit of 60 days
at any one time.
Note: A non-permanent employee in Class I, II or III Service who
has proceeded on leave prior to the completion of two years
of service may be granted leave on medical certificate
during any period after the completion of two years of
service. This leave may be availed of during the course of a
spell of leave or during an extension thereof if by that time
he has completed two years of service.
(2) Non-Permanent employees in Class IV Service:
A non-permanent employee in Class IV service, who has
completed continuous service of one year, may be granted leave on
medical certificate for a maximum period calculated at ten days for
every completed year of his service less the amount of leave taken
under this regulation. If he is appointed substantively to a permanent
post without interruption in service, any leave so granted shall be
reckoned as leave on medical certificate for the purpose of sub-
regulation (5)(i) under Regulation 17. An approved probationer may,
21
however, be granted leave for 540 days in all, less the amount of
leave taken under this Regulation for the treatment of tuberculosis,
leprosy, cancer or hansen's disease, subject to the production of a
medical certificate from the medical officer incharge of a recognised
medical institution of his having undergone regular treatment during
the period of such leave.

(3) Notwithstanding anything contained in clause (1) above,


an approved probationer in Class I, II or IIl service shall be eligible
for such leave as would be admissible to him if he held his post
substantively.

18-A. The amount of leave due to an employee is the


balance of leave at his credit in the leave account.

19. EXTRAORDINARY LEAVE:


(a) Permanent employee:
Extraordinary leave may be granted to a permanent
employee in any Class of Service in special circumstances-
(i) when no other leave is admissible under these
regulations, or
(ii) when other leave being admissible, the employee
concerned applies in writing for the grant of
extraordinary leave.
(b) Non-Permanent employees:
A non-permanent employees in any Class of Service may be
granted extraordinary leave upto a limit of six or twenty four months
at any one time.
Provided that the leave for the longer period shall be
admissible only if the employee concerned has been in continuous
service for a period exceeding one year and if he is undergoing
treatment for pulmonary tuberculosis or leprosy in a recognized
sanatorium or Leprosy Institution or receives treatment at his
residence under a tuberculosis or leprosy specialist, as the case
may be, recognised as such by the State Administrative Medical
Officer concerned, and produces a certificate signed by the
specialist to the effect that he is under treatment of such specialist
22
and that he has reasonable chances of recovery on the expiry of the
leave recommended.
Extraordinary leave is not debited against the leave account.
Periods of absence without leave may be commuted retrospectively
into extraordinary leave by the competent authority.

Note: When extraordinary leave is applied for by employees in


continuation of and beyond a period of continuous absence
on leave with allowances preparatory to retirement, it should
be carefully examined with a view to seeing that the
employees do not intend to derive the unintended benefit of
counting a longer period of leave with allowances for
pension. If the authorities competent to sanction leave have
reason to believe that an attempt is being made by the
employee to derive the benefit of counting longer years of
service for purpose of pension, they should refuse the
extraordinary leave in such cases by exercising the
discretion vested in them under Regulation 7.

Conditions regarding grant of leave for treatment of


Tuberculosis or Leprosy:

Unearned leave on medical certificate for treatment of


tuberculosis or leprosy may be granted to permanent employees
and approved probationers in any class of service subject to the
production of a medical certificate from the Government authorized
medical attendant of the employee concerned, or the Medical Officer
in charge of a recognised sanatorium or leprosy institution, if he is
undergoing treatment there.

The grant of extraordinary leave to temporary employees


undergoing treatment for tuberculosis or leprosy or cancer or
hansens disease in a recognised sanatorium or leprosy institute is
subject to the following conditions:-

i) the post from which the employee proceeds on leave is


likely to last till his return to duty; and

ii) a certificate from the Medical Officer in-charge of the


sanatorium or leprosy institution specifying the period for
which leave is recommended should be produced.
23

Extraordinary leave upto twelve months may be granted also


to temporary employees suffering from tuberculosis of any part of
the body on the production of a certificate by a qualified TB
Specialist declared as such by the State Government or a Civil
Surgeon.

Grant of leave to re-employed persons:

20. (a) A person who has retired from the service of the
Board on re-employment earns leave at the rate of one-twenty
second of the period spent on duty subject to a maximum of thirty
days.

(b) A re-employed person may be granted on the


termination of his appointment the amount of leave earned by him
during the period of re-employment, but subject to a maximum of
thirty days provided that he had formally applied for the leave in
sufficient time and been refused it on administrative grounds.

(c) A re-employed person, who has been re-employed


for more than one term may be permitted to carry forward the
periods of leave earned in the earlier spells of re-employment to
subsequent spells irrespective of the number of such extensions,
subject to the provisions of Note (2) under regulation 16 and
clause (b) above, provided the re-employment is continuous.

(d) A re-employed person if he has put in a continuous


service of not less than two years on re-employment terms may be
granted leave on medical certificate for six months in all and upto a
limit of two months at any one time which he may commute into
leave on full pay for three months in all and upto a limit of one month
at any one time.
21. (1) - Deleted.
(2) Calculation of leave on substantive appointment:

If a non-permanent employee is substantively appointed to a


permanent post his leave account shall—
24
(i) be credited with the amount of earned leave which
would have been admissible to him if he had been a
permanent employee in respect of his previous duty,
diminished by (a) the amount of earned leave, which
has been taken, and (b) one-half of special disability
leave taken on full pay under regulation 22(7)(b); and

(ii) be debited with the amount of all unearned leave taken


by him prior to the date of his substantive appointment.

Explanation:- "Previous duty" in this regulation means-

(a) duty before the date on which probation is completed or


is deemed to have been completed satisfactorily, uninterrupted
other-wise than by leave, and

(b) duty on and after the said date.

Note (1): The benefits of the above regulation shall be


extended to all approved probationers who have
put in a total service of 5 (five) years.

Note (2): Service rendered in respect of an appointment


under emergency provisions should not be treated
either as "previous duty" for the purpose of
regulation 21 (2) or included in the total service of
5 years for the purpose of Note(1) above.

(3) Commutation:

(a) The authority which granted leave to an employee can


commute it retrospectively into leave of a different kind which may
be admissible but the employee cannot claim it as a matter of right.

(b) Extra-ordinary leave granted during probation where


there was no earned leave at credit, cannot, however, be commuted
retrospectively into earned leave. The additional credit in the leave
account arising on confirmation due to the re-casting of the leave
account under clause (2) above can be utilised only for leave taken
subsequent to such confirmation.
25
(c) Commutation of extraordinary leave into earned
leave in respect of an employee confirmed with retrospective
effect: -
When a person is confirmed with retrospective effect,
commutation of the extraordinary leave taken by him already into
earned leave will be permissible, if such leave taken falls
subsequent to the date from which he is confirmed. No readjustment
or commutation of leave taken prior to the date of confirmation will,
however, be permissible.
(d) When an employee is declared to have satisfactorily
completed his probation with retrospective effect, his leave account
should be recast with effect from the date of completion of probation,
and the leave already availed of between that date and the date of
issue of orders regarding completion of probation may be altered to
the advantage of the employee at his option.
$$
21-A. LEAVE FOR EMPLOYMENT ABROAD:
Notwithstanding anything contained in the provisions of the
Tamil Nadu Electricity Board Leave Regulations or Regulation 32 of
the Service Regulations, Board employee may be sanctioned
extraordinary leave without allowance for employment abroad,
subject to the following conditions, namely:-
(1) Board employees who seek employment abroad either
through Overseas Manpower Corporation Limited or
other available sources may be sanctioned
extraordinary leave without pay and allowances for a
maximum period of five years, after verifying the
genuineness of employment abroad by way of
appointment order or visa or other documents.
(2) The initial period of such leave shall be limited to the
initial period of employment offered by the employer
abroad, or in the absence of orders of appointment,
such leave may be sanctioned initially for a period of
one year, based on the Visa obtained, and further
extension of the leave may be granted on production of
evidence that he continues or continued to be in the
same job or is or was employed by another genuine
employer abroad.
26
(3) The period of absence on leave for employment abroad
shall be counted as service for the purpose of pension
only, if necessary pension contribution are paid by the
Government servant to the Accountant General, Tamil
Nadu from time to time, with appropriate interest for
belated payments, if any.
(4) Employment with United Nations Organisations or any
other foreign assignment through the Government of
India shall not fall under the purview of leave for
employment abroad.

(5) The period of leave for employment abroad shall neither


count as service nor shall it be taken into account for
calculation of accrued leave. The employee shall settle
his terms of leave and leave salary with the employer
abroad. $$

$$ Added vide (Per) B.P.(FB) No.16 (SB), dated 13.03.2001.

22. SPECIAL DISABILITY LEAVE:


(1) Subject to the conditions hereinafter specified, the
Chairman, Tamil Nadu Electricity Board in the case of employees in
Board's Secretariat and the Chief Engineer in the case of employees
in his office and other subordinate offices under his control may
grant special disability leave to an employee who is disabled by
injury intentionally inflicted or caused in, or in consequence of the
due performance of his official duties or in consequence of his
official position.
(2) Such leave shall not be granted unless the disability
manifested itself within three months of the occurrence to which it is
attributed, and the person disabled acted with the due promptitude in
bringing it to notice. But, the Chairman of the Board, if he is satisfied
as to the cause of the disability, may permit such leave to be granted
in cases where the disability manifested itself is more than three
months after the occurrence of its cause.
(3) The period of leave granted shall be such as is certified
by a Medical Board to be necessary. It shall not be extended except
on the certificate of a Medical Board and shall in no case exceed 24
months.
27
(4) Such leave may be combined with leave of any other
kind.

(5) Such leave may be granted more than once if the


disability is aggravated or reproduced in similar circumstances at a
later date, but not more than 24 months of such leave shall be
granted in consequence of any one disability.

(6) Such leave shall be counted as duty in calculating


service for working out the retiring benefits and shall not, except as
provided in regulation 16(2), be debited against the leave account.

(7) Leave salary during such leave shall be equal-

(a) for the first 120 days in the case of permanent and
approved probationers in Class I, II and III Service,
60 days in the case of such employees in Class IV
service and 30 days in the case of probationers in
Classes I to IV Service, as the case may be, of any
period of such leave, including a period of such leave
granted under clause (5) of this regulation, to full pay,
and

(b) for the remaining period of any such leave to half pay
or at the employee's option, for a period not
exceeding the period of full pay which would
otherwise be admissible to him to full pay.

(8) (i) In the case of a person to whom the Workmen's


Compensation Act, 1923, applies, the amount of
leave salary payable under this regulation shall be
reduced by the amount of compensation payable
under Section 4(1) (d) of the said Act.

(ii) In the case of a person to whom the Employees'


State Insurance Act, 1948 (Central Act XXXIV of
1948) applies, the amount of leave salary payable
shall be reduced by the amount of benefit admissible
under the said Act, for the corresponding period.
28
23. The Board may extend the application of the provisions
of regulation 22 to an employee who is disabled by injury,
accidentally incurred in or in consequence of the due performance of
his official duty or in consequence of his official position, or by illness
incurred in the performance of any particular duty which has the
effect of increasing his liability to illness or injury beyond the ordinary
risk attaching to the post which he held. The grant of this concession
is subject to the further conditions:-
(i) that the disability, if due to disease, must be certified by
a Medical Board to be directly due to the performance of
the particular duty;
(ii) that, if the employee has contracted such disability
during service under the Board, it must be, in the
opinion of the Board, so exceptional in character or in
the circumstances of its occurrence as to justify such
unusual treatment as the grant of this form of leave; and

(iii) that the period of absence recommended by the Medical


Board may be covered in part by leave under this
regulation and in part by other leave and that the
amount of special disability leave granted on full pay
may be less than 120 days in the case of permanent
employees and approved probationers in Class I, II and
III service, 60 days in the case of such employees in
Class IV Service and 30 days in the case of
probationers in Classes I to IV service.

24. MATERNITY LEAVE:

(1) Competent authority may grant maternity leave on full


pay to permanent married women Board employees for a period not
exceeding ## 180 days ## which may be spread over from the pre-
confinement rest to post confinement recuperation at the option of
the Board employee. The maternity leave will not be admissible to
married women Board employees with more than three children.
Non-permanent married women Board Employees, whether
appointed in a regular capacity or under the emergency provisions of
the relevant service regulations, should take for maternity purposes
the earned leave for which they may be eligible. If, however, such a
Board employee is not eligible for earned leave or if the leave to her
29
credit is less than ## 180 days ##, maternity leave may be granted
for a period not exceeding ## 180 days ## or for the period that falls
short of ## 180 days ##, as the case may be. Non-permanent
married women Board employees employed under the emergency
provisions should have completed one year of continuous service
including leave periods if any, to become eligible for the grant of
maternity leave.
Provided that on and from 08.05.95, Maternity Leave shall
be granted to a woman Board employee with less than two surviving
children.
Note (1): Approved probationers in other than Class IV Service shall
be eligible for maternity leave as for permanent Board
employees.
Note (2): In the case of married women Board employees who are
confined during the period of their leave including extra-
ordinary leave, the ## 180 days ## period referred to
above shall be reckoned only from the date of
confinement.
Note (3): For the purpose of this sub-regulation, the expression
"Three living children" in the said sub-regulation shall not
include adopted children.
## Substituted vide (Per) TANGEDCO Proceedings No.9 (SB),
dated 23.01.2014.

(2) A competent authority may grant maternity leave on full


pay to permanent married women employees in case of abortion
also for a period which may extend to six weeks. A non-permanent
married woman employee, whether appointed in a regular capacity
or under the emergency provisions of the Service Regulations,
should take in such cases ordinary leave on full pay for which she
may be eligible. If, however, such an employee is not eligible for any
leave on full pay, or if the leave to her credit is less than six weeks,
maternity leave may be granted for a period not exceeding six
weeks, or for a period that falls short of six weeks, as the case may
be. Non-permanent married woman employee employed under the
emergency provisions should have completed one year of
continuous service, including leave periods if any, to become eligible
for the grant of maternity leave.
30
(3) The grant of maternity leave is subject to the following
further condition -
Unless an abortion takes place in a Government Hospital or
Local Fund or Municipal Hospital or in a recognised Nursing Home
and the respective medical officer in charge of the institution certifies
that the abortion took place after 12 weeks of pregnancy, the leave
should not be granted. Where there are no hospital facilities, women
employees should appear before the Government authorised
medical attendant concerned when the sign of abortion still exists or
go to him for antenatal examination after 12 weeks of pregnancy so
that the Government authorised medical attendant concerned may
be in a position to issue the necessary certificate.
Note (1): In the case of maternity leave for miscarriage or abortion,
the certificate from a registered medical practitioner
authorised under the Medical Termination of Pregnancy
Act 1971 (C.A.34 of 1971) may be accepted.
(4) A competent authority may grant maternity leave for a
period which may extend upto six weeks to permanent married
women employees who undergo Medical Termination of Pregnancy
of 12 weeks or more but not exceeding 20 weeks under the Medical
Termination of Pregnancy Act, 1971 (Central Act 34 of 1971).
A non-permanent married woman employee whether
appointed in a regular capacity or under the emergency provisions of
the relevant service rules, who undergoes medical termination of
pregnancy of 12 weeks or more but not exceeding 20 weeks under
the Medical Termination of Pregnancy Act, 1971 (Central Act 34 of
1971) should take earned leave for which she is eligible. If however,
such a Board employee is not eligible for any earned leave, or if the
leave to her credit is less than six weeks, then the competent
authority may grant maternity leave for a period of not exceeding six
weeks or the period which falls short of six weeks as the case may
be. Non-permanent married women employees employed under the
emergency provisions should have completed one year of
continuous service including leave period if any, to become eligible
for the grant of maternity leave;
Provided that the maternity leave referred to above is
subject to the condition that the termination of pregnancy shall be
performed at Government Hospitals or other institutions approved
31
under the Medical Termination of Pregnancy Act, 1971 (Central Act
34 of 1971).

Provided further that on and from 8.5.95 Maternity Leave not


exceeding six weeks for mis-carriage, including natural abortion or
Medical Termination of Pregnancy under the Medical Termination of
Pregnancy Act, 1971 (Central Act 30 of 1971) shall be granted to a
woman Board employee irrespective of number of surviving children,
on production of Medical Certificate.

(5) Leave of any other kind may be granted in continuation


of maternity leave, if the request for its grant be supported by a
medical certificate.

Provided that on and from 08.05.95, leave of any kind due


and admissible under the rules may be granted upto a maximum
period of one year in continuation of maternity leave, if leave applied
for is supported by a medical certificate.

Note: Leave of any other kind in continuation of maternity


leave may also be granted in case of illness of a
newly born baby, subject to the female employee
producing a medical certificate from the Government
authorised medical attendant concerned to the
effect that the condition of the ailing baby warrants
mother's personal attention and her presence by the
baby's side is absolutely necessary.

(6) The Chief Engineer and other competent authorities may


grant maternity leave to women employees under their control
subject to the restrictions laid down in regulation 8.

Note (1): Maternity leave may be granted in continuation of other


kinds of leave.

Note (2): There shall be no limit for combining earned leave with
maternity leave.

Note (3): A female employee in class I or II Service applying for


leave under sub-regulation (5) above shall follow the
procedure laid down in regulation 34-II.
32
Note (4): The leave salary for the period of maternity leave availed
of by a female employee while on foreign service should
be borne by the foreign employer. This condition should
be incorporated as one of the terms and conditions of
deputation of the employee in the orders sanctioning the
deputation.

Note (5): Maternity Leave of six weeks for natural abortion/medical


termination of pregnancy under the Medical Termination of
Pregnancy Act, 1971,(Central Act 30 of 1971) under
sub-regulations (2), (3) and (4) shall be granted only for
two times to married women Board employees who have
no living child, or for three times to those who have one
living child with a condition to undergo sterilisation
permanently for the grant of this leave for the third time, or
for two times to those who have two living children with a
condition to undergo sterilisation permanently for grant of
this leave for the second time.

25. STUDY LEAVE:

Leave may be granted to the employees of the Board


subject to the terms and conditions in the Annexure to enable them
to study scientific, technical or similar problems or to undergo
special courses of instruction. Such leave will not be debited against
the leave accounts. This regulation relates to grant of study leave
only to employees who undertake the study at their own cost or on
scholarships granted by any Government or Institution and is not
intended to meet the case of employees deputed to other countries
at the instance of the Board either for the performance of special
duties imposed on them or for the investigation of specific problems
connected with their technical duties.

ANNEXURE

1. Conditions for grant of study leave:

(1) Study leave may be granted to an employee of the Board


with due regard to the exigencies of Board's Service to enable him to
undergo, in or out of India, a special course of study consisting of
33
higher studies or specialized training in a Professional or a technical
subject having a direct and close connection with the sphere of his
duty.

(2) Study leave may also be granted for a course of training


or study tour in which an employee of the Board may not attend a
regular academic or semi-academic course, if the course of training
or the study tour is certified to be of definite advantage to the Board
from the point of view of Board's interest and is related to the sphere
of duties of the employee.

(3) Study leave shall not be granted unless-


(i) it is certified by the Chief Engineer in the case of
employees in the offices under his control and by
the Chairman in the case of employees in the
Board's Secretariat that the proposed course of
study or training shall be of definite advantage
from the point of view of Board's interest;
(ii) it is for prosecution of studies in subjects other
than academic or literary subjects; and
(iii) the release of foreign exchange involved in the
grant of study leave, if such leave is out of India, is
agreed to by the Government of India.
(4) Study leave out of India shall not be granted for the
prosecution of studies in subjects for which adequate facilities exist
in India or under any of the schemes administered by the
Government of India.
(5) Study leave shall not ordinarily be granted to an
employee-
(i) who has rendered less than five year's service
under the Board; or
(ii) who does not hold a post in Class I or II Service
under the Board; or
(iii) who is due to retire or has the option to retire from
the Board's Service within three years of the date
on which he is expected to return to duty after the
expiry of the leave.
34

(6) Study leave shall not be granted to an employee with


such frequency as to remove him from contact with his regular work
or to cause cadre difficulties owing to his absence on leave.

(7) Leave of any other kind shall not be granted to a Board


employee during the period of study leave.

## 2. Authority competent to Sanction Study leave:

The Chairman shall grant study leave to all the employees of


the Board under regulation 25. ##

## Substituted vide (Per) B.P.(FB) No.11 (SB), dated 23.01.2002.

3. Maximum amount of study leave that may be granted at a


time and during the entire service:

The maximum amount of study leave that may be granted to


an employee shall be -

(i) ordinarily twelve months at any one time, which shall


not be exceeded save for exceptional reasons; and

(ii) twenty four months in all during his entire service.

4. Combination of study leave with leave of other kinds:

(1) Study leave may be combined with other kinds of leave,


but in no case shall, the grant of this leave in combination with leave
other than extraordinary leave involve a total absence of more than
twenty eight months from the regular duties of the employee.
(2) An employee granted study leave in combination with
any other kind of leave may, if he so desires, commence his study
before the end of the other kind of leave but the period of such leave
coinciding with the course of study shall not count as study leave.
Note: The limit of twenty eight months of absence prescribed in
clause (1) includes the period of vacation.
35
5. Regulation of study leave extending beyond course of study:

When the course of study falls short of study leave


sanctioned, the employee shall resume duty on the conclusion of the
course of study, unless the previous assent of the Board to treat the
period of short-fall as ordinary leave has been obtained.

6. Grant of study allowance:

A study allowance shall be granted for the period of study


leave.

7. Rates of study allowance:

(1) The rates of study allowance shall be at the same rates


as are allowed by the Government of Tamil Nadu for their servants
from time to time.

(2) In cases where an employee is on study leave at the


same place as his place of duty, the leave salary plus the study
allowance shall not together exceed the pay that he would have
otherwise drawn had he been on duty.
8. Conditions governing grant of study allowance:

(1) Study allowance may be paid at the end of every month


provisionally subject to an undertaking in writing being obtained from
the employee that he would refund to the Board any overpayment
consequent on his failure to produce the required certificate of
attendance or otherwise.

(2) An employee may be allowed to draw study allowance


for the entire period of vacation during the course of study subject to
the condition that-

(i) he attends during vacation any special course of study


or practical training under the direction of the Board;

(ii) in the absence of any such direction he produces


satisfactory evidence that he has continued his studies
during the vacation.
36
(3) No study allowance shall be drawn during vacation falling
at the end of the course of study except for a maximum period of
fourteen days.

Note: The period of vacation during which study allowance is


drawn shall be taken into account in calculating the
maximum period of twenty four months for which study
allowance is admissible.

(4) Study allowance shall not be granted for any period


during which the employee interrupts his course of study to suit his
own convenience:

Provided that the Board may authorise the grant of study


allowance, for any period not exceeding fourteen days at a time
during which the employee is prevented by sickness from pursuing
his course of study.

(5) In the case of a definite course of study, the study


allowance shall be payable on claims submitted by the employee
from time to time supported by proper certificates of attendance.

(6) The certificate of attendance required to be submitted in


support of the claims for study allowance shall be forwarded at the
end of the term, if the employee is undergoing study in an
educational institution, or at intervals not exceeding three months, if
he is undergoing study at any other institution.

(7) When the programme of study approved does not


include, or does not consist entirely of such a course of study, the
employee shall submit to the Board direct or through the Head of the
diplomatic Mission a diary showing how his time has been spent and
a report indicating fully the nature of the methods and operations
which have been studied and including suggestions as to the
possibility of adopting such methods of operations to conditions
obtaining in India. The Board shall decide whether diary and report
show if the time of the employee was properly employed and shall
determine accordingly for what period study allowance may be
granted.
37
(8) (i) In the case of an employee who holds a post in
Class I or II Service, the payment of study allowance
at the full rate shall be subject to the production of a
certificate to the effect that he is not in receipt of any
scholarships, stipend or any other remuneration in
respect of any part-time employment, and
(ii) In the case of an employee who does not hold a
post in Class I or II Service, to whom study leave
has been granted in relaxation of the provisions of
clause (5)(ii) of paragraph 1 above, the certificate
referred to in clause (i) of the paragraph shall be
obtained from him by the drawing officer and the
same shall be enclosed along with the bill for the
drawal of study allowance.
9. Grant of study allowance to employees in receipt of
scholarship or stipend:
An employee, who is granted study leave, may be permitted
to receive and retain, in addition to his leave salary, any scholarship
or stipend that may be awarded to him. Such employee shall not
ordinarily be granted any study allowance; but in cases where the
net amount of the scholarship or stipend (arrived at by deducting the
cost of fees paid by the employee, if any, from the value of the
scholarship or stipend) is less than the study allowance that would
be admissible but for the scholarship or stipend the difference
between the net scholarship or stipend and the study allowance may
be granted by the Board.
10. Grant of study allowance to employees who accept
part-time employment during study leave:
If an employee, who is granted study leave, is permitted to
receive and retain in addition to his leave salary, any remuneration
in respect of a part-time employment, he shall not ordinarily be
granted any study allowance; but in cases, where the net amount of
remuneration received in respect of the part-time employment
(arrived at by deducting from remuneration any cost of fee paid by
the employee) is less than the study allowance that would be
admissible but for the remuneration, the difference between the net
remuneration and the study allowance may be granted by the Board.
38
11. Allowances in addition to study allowance:

No allowance of any kind other than the study allowance


shall be admissible in respect of the period of study leave granted to
an employee.

12. Execution of a Bond:

Every Board employee in permanent employment who has


been granted study leave or extension of such leave shall be
required to execute a bond in Form 'A' or 'A-1', as the case may be,
as given in Appendix-II to these Regulations, before the study leave
or the extension of such leave granted to him commences. If study
leave or the extension of such leave is granted to a Board employee
not in permanent employment, the bond shall be executed in
Form 'B' or Form 'B-1' as the case may be, as given in the
Appendix-II to these Regulations.

(2) The Board shall send to the Audit Officer and to


Accounts Wing, Madras, as well a certificate to the effect that the
employee has executed the requisite bond.

13. Resignation and retirement:


(1) If an employee resigns or retires from service without
returning to duty after a period of study leave after such return to
duty, he shall be required to refund double the amount of leave
salary, study allowance, and other expenses, if any, incurred by the
Board and drawn by him for the period of study leave, together with
interest thereon at rates for the time being in force on Board loan
from the date of demand before his resignation is accepted or
permission to retire is granted.
Provided that the amount required to be refunded under this
regulation shall in the case of an employee of the Board who, on
return to duty from study leave, is permitted to resign from the
service and take up on his own initiative employment under any
statutory autonomous body or institution under the control of the
Government be reduced to an amount equal to the expenditure
incurred by the Board in respect of the leave salary, study
allowance, cost of fees, travelling and other expenses sanctioned to
him during the period of study leave together with interest thereon.
39
Provided further that nothing in this regulation shall apply-
(a) to an employee of the Board who on return from study
leave is permitted to retire from service on medical
grounds, and
(b) to an employee of the Board who, after return to duty
from study leave is deputed to service in any statutory or
autonomous body or institution under the control of the
Government and is subsequently permitted to resign
from service under the Board with a view to his
permanent absorption in the said statutory or
autonomous body or institution in the public interest.
(2) The study leave availed of by such an employee shall be
converted into regular leave standing at his credit on the date on
which the study leave commenced. Any regular leave taken in
continuation of study leave being suitably adjusted for the purpose
and the balance of the period of study leave, if any, which cannot be
so converted, treated as extraordinary leave. In addition to the
amount to be refunded by the employee under clauses(1) above, he
shall refund any excess of leave salary actually drawn over the leave
salary admissible on conversion of the study leave.

14. Leave salary during study leave:

(1) During study leave, an employee shall draw leave salary


equal to the amount admissible during half pay leave under the
leave regulations.

(2) The rate of exchange prescribed by the Central


Government for the conversion of leave salary shall apply to leave
salary during study leave.

15. Commencement of a course of study during leave other


than study leave:

An employee may, subject to the approval being obtained as


required under paragraph 18 below, undertake or commence a
course of study during earned leave and subject to the provisions in
paragraphs 6 to 11 and 13 above draw study allowance in respect
thereof.
40
16. Counting of study leave for promotion, pension, seniority,
leave and increments:

(1) Study leave shall count as service for promotion, pension


and seniority. It shall also count as service for increments as
provided in regulation 36 of the Tamil Nadu Electricity Board Service
Regulations.

(2) The period spent on study leave shall not count for leave.

17. Debiting of study leave to the leave account:

Study leave shall be treated as extra unearned leave and


shall not be taken into account in reckoning the aggregate amount of
unearned leave taken by the employee towards the maximum period
admissible.
18. Procedure for making application for study leave and grant
of such leave:
(1) All applications for study leave shall be submitted with
the Audit Officer's certificate to the Chief Engineer through the
proper channel, in the case of the employees in the offices under his
control and to the Chairman of the Board in the case of employees
in the Board's Secretariat and the course or courses of study
contemplated and any examinations which the candidate proposes
to undergo shall be clearly specified therein. The applicant shall not,
unless prepared to do so at his own risk, commence the course of
study nor incur any expenses in connection therewith until he
receives approval of the Board to the course.
(2) On completion of a course of study, certificate of
examination passed or of special study which should show the dates
of commencement and termination of the course, with any remarks
of the instructor shall be submitted to the Board.
RULINGS

(1) Study leave is not active service and it will not count as
service for working out the share of the Board's contribution to the
Contributory Provident Fund Payable to the employee on premature
voluntary retirement or on compulsory retirement. It cannot count for
proportionate pension also.
41
Study allowance for the period of private during study leave
(2) The grant of study allowance is admissible for the period
during study leave devoted to the collating and elaborating in the
form of readable report of the notes made and literature collected
during their tour of inspection, etc.
In the case of an employee granted study leave with the
object of taking a definite course of study or preparing for a specific
examination, attendance at an institution or supervision by a
responsible authority is the normal procedure. The Study Leave
regulations should be more strictly adhered to in this case and
private work at home is not therefore accepted for purpose of study
leave.
(3) Study leave may be granted to an employee of less than
five year's service at the discretion of the authority competent to
grant the leave.
(4) Scholarship or stipend received by an employee from the
Board's funds is treated as honorarium. It is only when an employee
is awarded scholarship or stipend from a source other than the
above source, it will have to be treated as fees.
No portion of any scholarship or stipend, received during
study leave or otherwise, by an employee from a source other than
the Board's funds for the purpose of prosecuting a course of studies
or receiving specialized training in professional or technical subjects
need be credited to the Board.
In cases where permission is granted by the Board, no
portion of the payments received by the employees as a result of
full-time or part-time employment undertaken by them need be
credited to the Board.
(5) The employees sponsored for higher studies or training
abroad under the various training schemes of the United Nations,
the Colombo plan, the Point Four Programme, etc., and the
schemes operated through non-official channels (Rockfeller
Foundation, Ford Foundation etc.), shall be governed by the
deputations terms that will be sanctioned to them and not by the
terms and conditions in regulation 25.
(6) A certificate to the effect that the study allowance
claimed in accordance with the paragraphs 9 and/or 10 of the
annexure shall be recorded in the bills by the drawing officers.
42
ORDINARY CASUAL LEAVE
26. (a) Casual leave is not recognised as leave due or
earned under the leave regulations. It is a concession to enable
employees in special circumstances to be absent for short periods.
An employee on casual leave is not treated as absent from duty:
Provided that the employee (except on an occasion beyond
his control) applies for and obtains prior sanction from the competent
authority it is open to the competent authority in case of absence
from duty without obtaining prior sanction for casual leave to require
the employee to furnish proof to show that his absence was for
reasons beyond his control. If satisfied with such proof, the
competent authority may grant the leave.
An employee may be granted casual leave for not more than
12 days in a calendar year. Casual leave may be combined with
Sundays or other holidays provide that the resulting period of
absence does not exceed 10 days.
If the eleventh and subsequent days are incidentally
declared as holidays on account of natural calamities, death of
national leaders, bandhs, strikes, a change in the date of the festival
as per the announcements made by religious heads during religious
occasions, etc., a Board employee who is on casual leave or
compensatory leave may avail himself of those days also
eventhough the period of absence exceeds ten days.
Note: The fact that a maximum has been fixed for the amount of
casual leave which may be taken within a year does not
mean that an employee is entitled to take the full amount of
casual leave as a matter of course.
(b) If in the opinion of the authority competent to sanction
casual leave, an employee has either overstayed the period of
casual leave sanctioned to him or has absented himself without prior
permission, without sufficient satisfactory reasons or is found to be
in the habit of absenting himself frequently from duty in spite of
warning, such absence will not be treated as casual leave and will
be treated as misconduct.
(c) The Chief Engineer should intimate his intention of taking
casual leave to the Chairman of the Board.
43
(d) A register of casual leave taken should be maintained in
every office.
(e) Daily wage earners and casual workers are not eligible
for any casual leave.
(f) In the case of employees appointed on a purely
temporary basis and who are likely to be ousted at any time, their
eligibility for casual leave shall be calculated with reference to the
period actually spent on duty and shall be proportionately limited. As
a working principle, they may be granted two days casual leave for
every two months' service and such leave may be combined with
holidays subject to the maximum prescribed under regulation 26(a).
SPECIAL CASUAL LEAVE
27 (1) (a). Special casual leave not counting against ordinary casual
leave may be granted to an employee in the following
circumstances:-
(i) When the employee is affected by Rabies.
(ii) When he is ordered by the head of his office to absent himself
from duty on the certificate of a medical officer on account of
the presence of Rabies an infectious disease in his house,
provided no substitute is appointed and no extra cost to the
Board is involved. If, however, a substitute is necessary,
ordinary leave debitable to the leave account of the employee
should be granted. The grant of special casual leave involving
the appointment of substitute in all other cases requires the
sanction of the Board, which will be accorded only when the
absence is for less than 30 days and the employee concerned
draws a pay of less than Rs.100/- per mensem, and has no
ordinary leave to his credit.
Note (1): When the employee himself catches the Rabies, an
infectious disease, regular leave under the leave
regulation must be taken for the period of absence.
Note (2): The special casual leave may be granted for the
purpose of Rabies, an infectious disease.
Note (3): Leave under this head shall not ordinarily be
granted for a period exceeding 21 days but in
exceptional cases, it may be granted upto thirty
days.
44
(iii) When an employee is summoned to serve as a juror or
assessor or to give evidence before a Court in the Indian
Union or Foreign Territory as a witness in civil and criminal
cases in which his private interests are not in issue, the leave
to cover the total period of absence necessary.
(b) In the cases coming under clauses (a) (i) to (iii) above
when the absence from duty exceeds the period which may
reasonably be treated as casual leave under the discretion vested in
the head of the office, the employee may be granted for the entire
period of absence such regular leave with leave-salary as may be
due to him and thereafter extraordinary leave.

(c)(1) ## Special Casual Leave may be allowed to an


employee participating in Sporting events to the extent
absolutely necessary. The period of absence, in excess
of the number of days sanctioned shall be treated as
regular leave of the kind admissible under the relevant
rules applicable to the employees concerned. ## For
this purpose, employees may, as a special case, be
permitted to combine special casual leave with regular
leave but not with regular casual leave. He may be
permitted to prefix or suffix or both, the holidays with
Special Casual Leave.
## Substituted vide (Per) B.P.(FB) No.36 (SB), dated 19.09.2008.
(2) The special casual leave may be allowed only-
(a) for participating in sporting events of national or
international importance; and
(b) when the employee concerned is selected for such
participation-
(i) in respect of international sports event by any
National Sports Federation/ Association
recognised by the All India council Of Sports
and approved by the Ministry of Education,
Government of India, and
(ii) in respect of events of national importance
when the sports event in which participation
takes place, is held on an inter-State, inter-zonal
45
or inter-circle basis, and the employee
concerned takes part in the event in a team, as
a duly nominated representative on behalf of the
State, Zone or Circle, as the case may be.
(3) The concession shall not be allowed for participation
either in a national or inter-national sports event in which
such participation of the employee takes place in his
personal capacity and not in a representative capacity.

(4) The concession of granting special casual leave


##.....## may be extended to-

(i) those employees whose services are utilised by the


National Sports Federation/Association and
recognised by the All India Council of Sports and
approved by the Ministry of Education, for the
coaching or administration of teams participating in
Sports events of national or international
importance, and
## The expressions "for a period not exceeding 30 days in a
calendar year" - omitted vide (P) BP (FB) No.36 (SB), dt.19.9.08.
(ii) those employees who are selected or sponsored by
such Federation/ Association for attending any All-
India coaching or training scheme such as the
coaching or training course at the National Institute
of Sports, Patiala.

$$
(5) (i) Special Casual Leave not exceeding eight days may
be granted to men Board employees who undergo
sterilization operation and twenty days to married
women Board employees who undergo
non-puerperal sterilization operation during ordinary
time i.e. not immediately after confinement in any
hospital in this State. $$

$$ Amended vide (Per) B.P.(FB) No.9 (SB), dated 02.04.2004.


46
(ii) ## The power of granting Special Casual Leave up
to 30 days, in the case of Class-III and IV
employees working in the Board Office Secretariat
Branch and Board Office Audit Branch shall be
exercised by the Secretary to the Tamil Nadu
Electricity Board; and by the Chief Financial
Controller/General and the respective Chief
Engineer in the case of employees working under
their control. In the case of Class I and II employees
and in exceptional cases where Special Casual
Leave for a period exceeding 30 days is considered
to be absolutely necessary, the Chairman/Tamil
Nadu Electricity Board shall grant such leave. ##
## Substituted vide (Per) B.P.(FB) No.36 (SB), dated 19.09.2008.
(d) (1) The period of absence from duty of employees,
occasioned by their interview, medical examination, etc.,
in connection with their joining the Army, Air Force
Reserves, Indian Fleet Reserve, Territorial Army, Indian
Naval Reserve and Indian Naval Volunteer Reserve,
Auxiliary Air Force of Air Defense Reserve, as the case
may be, shall be treated as special casual leave.
Provided that this concession shall be admissible
only in cases where it may not be possible for the
employee concerned to attend to their duties after the
said interview and/or medical examination, as the case
may be:
Provided further that, if an employee withdraws his
candidature at the interview or the medical examination
aforesaid he shall not be entitled to any special casual
leave.
(2) A Special Casual Leave not exceeding 15 days to
ex-servicemen boarded out of service on medical
ground and reemployed as Civilians for appearing
before the Resurvey Medical Boards inclusive of transit
period in both ways for reassessment of the disabilities
shall be granted and a certificate to the effect that they
have actually appeared before the Resurvey Medical
Board should later be obtained from each member of
47
such ex-servicemen and filed in the Casual Leave
account of the individual concerned.
(3) Casual leave cannot ordinarily be taken in combination
with any leave mentioned in regulation 6 or with joining
time. The Chairman, Tamil Nadu Electricity Board in the
case of employees in the Board's Secretariat and the
Chief Engineer in the case of employees in his office
and other offices under his control, may, however,
sanction such combination in special cases provided
there is no evasion of the regulations, for instance, when
an employee, obliged to be absent owing to the
prevalence of infectious disease in his house and placed
on special casual leave, himself contract the illness and
has to be granted regular leave in continuation.
Note 1: When a period of special casual leave is
recommended by the Health Officer and it
intervenes two spells of leave under the leave
regulations, special casual leave may be combined
with the regular leave.

Note 2: In cases where an employee takes regular leave in


continuation of special casual leave granted under
regulation 27(1) (a) (ii), he should handover charge
on the forenoon of the date of commencement of
regular leave. If special casual leave is availed of
in continuation of regular leave, the individual
should take over charge of his post on expiry of
the special casual leave, subject to Audit Officer
being informed in the case of employees in Class I
or II Service that he was granted special casual
leave in continuation of regular leave. If special
casual leave is sandwiched between two spells of
regular leave, the charge should be handed over
on the forenoon of the date of commencement of
first spell of regular leave and the employee should
take over charge of the post on the expiry of the
second spell of regular leave subject to Audit office
being informed in the case of an employee in class
I or II service that he was granted special casual
leave in continuation of first spell of regular leave.
48
(4) The grant to an employee of casual leave other than
special casual leave or of permission to avail himself of
holidays should not ordinarily result in any appreciable
extra expenditure to the Board. Care should be taken to
see that no employee is allowed to proceed on casual
leave or avail himself of holidays frequently if he has
actually to be relieved on such occasions and the
payment of travelling allowance to another officer
thereby becomes necessary.
(5) Special casual leave not exceeding twenty days may be
granted to married women Board employees who are
appointed temporarily and who have not completed the
period of one year service, when they undergo
puerperal sterilisation operation.
(6) (i) Special casual leave not exceeding seven days shall
be granted to an employee of the Board, whose wife
undergoes puerperal or non-puerperal sterilization
operation. This leave shall be granted only on the
production of a Medical Certificate from the Medical
Officer who performs the operation, to the effect that
the presence of the employee of the Board is
essential to look after his wife during her
convalescence after such operation.
(ii) Special Casual Leave not exceeding seven days
shall be granted to an employee of the Board whose
spouse undergoes sterilisation operation for a
second time in the event of the failure of the first
operation.
(iii) The Special Casual Leave shall commence from the
date following the date of such operation.
(iv) The Special Casual Leave shall be granted by the
Chief Engineers or as the case may be by the
subordinate Authorities who are competent to
sanction Regular Leave.
(7) The entire period of absence of the employees of the
Board called out for Home Guard duties shall be treated
as special casual leave.
49
Casual Leave admissible to persons proceeding for antirabic
treatment:

28.(a) Board's employees and their families when exposed to


infection from rabid animals or those suspected to be rabid may
proceed for anti-rabic treatment either to the Pasteur Institute,
Coonoor, or to any of the other treatment centres other than Mission
hospitals, provided by the Government whichever is nearest to them.

(b) Any employee who has to proceed to the Pasteur


Institute, Coonoor, or any other centre for antirabic treatment that is
nearest may be granted casual leave for twenty days if he is
employed in place which is a treatment centre and casual leave for
twenty days plus the time required to go to and return from nearest
treatment centre, if he is employed in a place which is not a
treatment centre, provided that if the absence of such employee
makes it necessary for a substitute to be appointed during this
period, the period of absence may, under the orders of the Board, be
treated as extra leave on full pay not debitable to his leave
account and not as casual leave. Any further leave required should
be leave on full or half pay, as the case may be, debitable to his
leave account.
Note: The grant to Class IV Servants of extra leave on full pay
contemplated in this regulation is not subject to the usual
condition that there should be no extra expense to the Board.
29. LAPSING OF LEAVE AT CREDIT:

(a)(i) Leave at the credit of a Board employee in his leave account,


other than earned leave, shall lapse on the date of retirement
or on the date of termination of the extension of service, as the
case may be. The competent authority (Leave sanctioning
authority) shall suo moto draw and disburse the cash benefits
of encashment of earned leave at the credit of the Board
employee without formal sanction orders on the date of
retirement or on the date of termination of extension of
service, as the case may be, or on the next working day,
following the date of retirement or termination of extension of
service if the date of retirement or termination of extension of
service happens to be a holiday.
50
(ii) The benefit of encashment of earned leave at the credit of the
Board employee on the date of retirement or on the date of
termination of extension of service, as the case may be shall
be subject to a maximum of 240 days.

Provided that for encashment of earned leave for a


period over and above 180 days cash equivalent to Leave
salary shall be computed with reference to pay and dearness
allowance only.

EXPLANATION:

For the purpose of encashment of earned leave provided in this


regulation, the Board employee of the following categories shall also
be eligible:-

(i) Cases where the services of a Board employee has been


extended, in the interest of public service beyond the date
of superannuation;

(ii) Voluntary or premature retirement;

(iii) Where the services of a Board employee are terminated


by notice or by payment of pay and allowances in lieu of
notice or otherwise in accordance with the terms and
conditions of his appointment;

(iv) in the case of death of a Board employee while in service,


to the family of the deceased;

(v) in the case of leave preparatory to retirement;

(vi) in cases where the Board employee has been


compulsorily retired from service as a measure of
punishment under the Tamil Nadu Electricity Board
Employees Discipline and Appeal Regulations/ Standing
orders.

(vii) in cases where the Board employee has been retired on


medical invalidation.
51
(b) If in sufficient time before the date of compulsory retirement
or the date of termination of extension of service an employee other
than in Class IV service has been denied in whole or in part, on
account of exigencies of Board's service any leave applied for and
due as preparatory to retirement, then he may be granted after the
date of compulsory retirement or the date of termination of extension
of service, the amount of Earned Leave which was denied subject to
the maximum limit of 120 days so long as the leave so granted,
including the leave granted to him between the date from which the
leave preparatory to retirement was to commence and the date of
compulsory retirement or the date of termination of extension of
service, does not exceed the amount of leave preparatory to
retirement actually denied. The half pay leave, if any, applied for by
an employee preparatory to retirement and denied in the exigencies
of Board's service may be exchanged with Earned Leave to the
extent such leave was earned between the date from which the
leave preparatory to retirement was to commence and the date of
compulsory retirement or date of termination of extension of service.

Note (1): Leave which is not preparatory to retirement and which is


refused by the competent authority in the interest of
Board's service will not entitle an employee to the
protection of this regulation after the date of
superannuation.

Note (2): The authority other than the Board competent to grant
leave preparatory to retirement shall not be competent to
refuse it under regulation 29(b). Such leave shall be
refused only by the Board. The leave so refused shall be
granted by the Board.

Note (3): Compulsory recall of an employee from leave preparatory


to retirement or leave sanctioned preparatory to
retirement but which could not be enjoyed due to the
exigencies of service should be deemed to be a
constructive refusal of the balance of leave unenjoyed or
a constructive refusal of leave for purposes of this
regulation.
52
Note (4): When an employee who has proceeded on leave
preparatory to retirement is required for employment
during such leave in any post under the Board, he will be
recalled to duty and the unexpired portion of his leave
from the date of rejoining duty will be cancelled. The
leave so cancelled will be treated as leave refused under
this regulation and it may be granted from the date of
compulsory retirement of the employee. Such recall will
be treated as 'optional' for the purpose of regulation 12.

Note (5): The grant under regulation 29 of leave extending beyond


the date on which an employee must compulsorily retire
shall not be treated as an extension of service for the
purpose of pensionary or contributory provident fund or
other retirement benefits or the retention of lien.
The employee shall for purposes of retirement benefits
be deemed to have retired from service on the date of
compulsory retirement and shall become eligible for all
retirement benefits from the date of compulsory
retirement.
Note (6): Permission to accept private employment concurrently
with leave preparatory to retirement shall not ordinarily be
granted to an employee with a view to take up private
employment during the period of such leave. The
Services of such an employee shall be placed at the
disposal of the private employer only on the usual
foreign service terms till he/she attains the age of
superannuation. As the permission to take up private
employment is only a concession to the employee, the
balance of the leave preparatory to retirement not availed
of by him/her as a result of cancellation in order to take
up private employment shall not be deemed as
constructive refusal of such leave for purposes of this
regulation. The return to duty in such cases has to be
treated as optional for purposes of regulation 12.
Note (7): When refused leave is availed of concurrently with
re-employment, the leave salary payable shall be
restricted as laid down in Regulation 11 (4). In addition to
the leave salary so reduced, the employee shall be
eligible for pension also.
53
Note (8): Application for leave preparatory to retirement should be
made atleast three months before the date of
commencement of the leave applied for. Proposals to
refuse leave shall be forwarded to the Board and orders
obtained on or before the commencement of the leave
applied for. The above condition shall not apply in the
case of Board employees retiring voluntarily under
Regulation 17(g) of T.N.E.B. Service Regulations.

LEAVE SALARY

30. An employee is entitled to leave salary as follows:-

A. An employee in Class I, Class II or Class III Service:

(a) While on earned leave, or on unearned leave on medical


certificate, leave salary is equal to his pay which is greater of the
amounts specified below:-

(i) the substantive pay plus special pay, personal pay and any
other emoluments classed as pay on the date before the
leave commences;

or

(ii) the average monthly pay plus special pay, personal pay and
any other emoluments classed as pay earned during the
twelve complete months preceding the month in which the
leave commences.

Exception - In the case of employees in Class IV service, the pay


as defined in Service Regulation 10 (19) on the last day of duty
period prior to the commencement of leave, shall be taken for the
purpose of item (ii) instead of the average pay as contained therein.
(b) While on leave on private affairs, leave salary is equal to half
the pay specified in clause (a) above.
(c) Omitted.
54
(d) While on extraordinary leave, the employee is not entitled to
any leave salary.

Note (1): In the case of a person to whom the Employee's State


Insurance Act, 1948 (Central Act XXXIV of 1948) applies,
leave salary admissible during leave other than earned
leave, shall be reduced by the amount of benefit
admissible under the said Act for the corresponding
period.

Note (2): The leave salary of a non-permanent employee in Class I,


Class II or Class III service, who has completed the period
of probation, should be regulated under regulation (a) (ii)
above though under regulation 16(1) he is allowed a
concession to earn leave as admissible to a permanent
employee.

Explanation - In the case of sanction of increments to Board


employee, while they are on leave on the due dates of increment,
the monetary benefit of the increment shall be computed for
payment of leave salary, from the date of accrual of the increment.
The term 'leave' shall include all kinds of leave admissible to a Board
employee which count for increment under Tamil Nadu Electricity
Board Service Regulations.

B. An employee in Class IV service:

(a) while on earned leave or on unearned leave on medical


certificate leave salary is equal to the pay specified in clause A (a)
above.

(b) omitted.

(c) While on extraordinary leave, the employee is not entitled to


any leave salary.

Note: Grant of leave on average pay for six months to permanent


employees in Class IV Service suffering from tuberculosis-
55
This regulation permits only the drawal of average pay for six
months during earned leave or medical leave granted for the
treatment of tuberculosis. It is not in addition to other kinds of leave
with pay admissible under the regulations.

C. Grant of ex-gratia allowance to employees on extraordinary


leave undergoing treatment for tuberculosis, Leprosy or Cancer or
Hansen's disease.

(i) While on extra-ordinary leave for treatment of Tuberculosis,


Leprosy, Cancer or Hansen's disease, a Board employee is entitled
to an exgratia allowance equal to half his pay subject to a maximum
of Rs.250/- (Rupees two hundred and fifty only) per mensem and a
minimum of Rs.125/- (Rupees one hundred and twenty five only) per
mensem"

Note: The competent authority should insist upon the production of


a medical certificate before sanctioning extra-ordinary leave
for the treatment of tuberculosis, leprosy or cancer or
hansen's disease. The ex-gratia allowance will be
admissible only when the employee is not eligible for any
other leave with allowances and the Medical Officer certifies
that there is a reasonable prospect of the employee
concerned becoming fit to resume his duties after the
completion of his treatment. The drawing officer shall record
on the bill claiming the ex-gratia allowance a certificate to
the effect that according to the medical opinion there is a
reasonable prospect of the employee returning to duty at the
completion of treatment.

Provided further that the above ex-gratia allowance shall be


allowed to a Board employee as long as he remains as inpatient in
any Government Hospital for any length of period, and to others for
a maximum period of two years.
(ii) An interest free advance of pay shall be given equal to two
months' basic pay recoverable in full in not more than eighteen
monthly instalments during the period when the employee enjoys full
leave salary. If the period during which an employee enjoys full
leave salary falls short of 18 months, further recoveries towards
56
repayment of advance shall be effected from the duty pay of the
employee after he rejoins duty.
If, however, a relapse occurs after an employee joins duty, the
above concessions will not be extended.
Note (1): Unearned Leave on Medical Certificate.
The production of the certificate from the Medical Officer
regarding the reasonable prospect of the employee returning to duty
on the completion of his treatment for Tuberculosis or Leprosy or
Cancer or Hansen's disease, shall be dispensed with for the entire
period of unearned leave on medical certificate on full pay, which is
applicable to these employees also, with reference to these
regulations and/or respective Standing Orders.

Note (2): The quantum of leave eligible to the Employees of Board


suffering from tuberculosis or Leprosy or cancer or
Hansen's disease.
The total quantum of leave entitled to all employees with
reference to these Leave Regulations and/or respective Standing
Orders should only be taken into account even to Leprosy or Cancer
or Hansen's disease.
31. LEAVE SALARY OF RE-EMPLOYED PERSONS:
If a re-employed person is a pensioner and his pension is
drawn separately during re-employment, he will, when he proceeds
on earned leave, or half pay leave or commuted leave, be entitled to
leave salary based on the net re-employed pay (i.e. exclusive of the
pension and/or pension equivalent of gratuity) and will continue to
draw the pension separately in addition. An employee whose
pension has been held in abeyance will draw the leave salary based
on the net re-employed pay (i.e. pay minus the amount of the
uncommuted pension and/or pension equivalent of gratuity) and in
addition an amount equivalent to the pension which was held in
abeyance.
An employee whose pension has been held in abeyance,
will be allowed to draw during the period of extra-ordinary leave, only
an amount equivalent to the pension which was held in abeyance.
Where the pension is drawn separately, it will continue to be so
drawn during the period of extra-ordinary leave also.
57
The leave salary in respect of earned leave, half pay leave and
commuted leave of employees, who were governed by the
Contributory provident fund system prior to retirement will be based
on their net re-employed pay. They will not draw any leave salary
during the period of extra-ordinary leave.
32. COMPENSATORY ALLOWANCE - ADMISSIBILITY DURING
LEAVE:
A compensatory allowance should ordinarily be drawn only by
an employee actually on duty. But, subject to the provisions of
regulation 2(b) of the Tamil Nadu Electricity Board Special Pay and
Allowances Regulations, an employee on leave may continue to
draw a compensatory allowance or a portion thereof, in addition to
leave salary, if the whole or a considerable part of the expense to
meet which the allowance was given continuous during leave.
LEAVE ACCOUNT

33. (a) Leave account shall be maintained for each employee in the
form prescribed below.
(b) (i) The leave account of an employee in Class I and
Class II Service shall be maintained by, or under the
direction of the principal auditor responsible for the audit
of his pay.
(ii) The leave account of an employee in Class III and
Class IV Service shall be maintained and the entries
therein attested by the head of the office in which he is
employed.
(c) The leave account of every person who elects under
regulation 2 shall-
(i) in regard to earned leave, be credited with the amount
of privilege leave or leave on average pay or earned
leave to his credit on the date on which he so elects,
subject to the maxima prescribed in regulation 16 (1), as
the case may be; and
(ii) in regard to unearned leave, be debited with the amount
of leave on half average pay whether with or without
medical certificate and leave not due, already taken by
him before the said date, either as leave on private
58
affairs or as leave on medical certificate, as the case
may require.

FORM OF LEAVE ACCOUNT

Leave account of Thiru___________________________


Date of retirement_________________.
PART I - EARNED LEAVE

Date of commencement of service :


Date of contract if any :
Place of Recruitment :
Duty Leave Earned
Dates Number
of duty Balance 1/11 or
Periods
period duty 1/22 of
From To (in days)
taken into period column.4
account
(1) (2) (3) (4) (5) (6)

LEAVE TAKEN
Dates Balance
Authority
Leave at on return
with
credit Number from
Attestation
Columns From To of days leave
of Head of
(6)+(11) Col.
Office
(7)-(10)
(7) (8) (9) (10) (11) (12)

(1) Columns (1) to (7) shall be filled in at the time an employee


applies for and proceeds on leave and columns (8) to (11) on
return from leave.
(2) The periods of duty in terms of days, column (3) and of leave
taken column (10) shall be worked out with reference to the
actual number of days in each month and not on the basis of 30
days a month.
59
(3) columns (6) - Leave Earned:-

The fraction of column (3) shall be credited in this column, as


shown below: -

(a) One-eleventh in the case of permanent employees and


approved probationers [ Reg.16(1) ].

(b) One twenty-second in the case of non-permanent


employees i.e.probationers and temporary employees
[Reg.16(1)].

(c) One twenty-second of the period spent on duty in the case


of a non-permanent employee (i.e.) a probationer and a
temporary employee of the Tamil Nadu Electricity Board.

(4) columns (7) - Leave at credit:-

The entry in this column on any date columns (6) plus (11) shall
be limited to:-

(i) Two hundred and forty days in the case of employees


coming under clause 3(a) above.

(ii) Thirty days in the case of employees coming under


clause 3(b) above.

(5) In making entries in column (6), fractions shall not be rounded


off, but the balance of the duty period shall be carried over and
added to the subsequent duty period and the eligibility shall be
calculated. In the case of retiring board employees, who are
eligible for encashment of earned leave upto a maximum of two
hundred and forty days the fraction of half and more shall be
reckoned as one day in the calculation of earned leave and
fraction below half shall be ignored.
60
PART-II UN-EARNED LEAVE

Leave on Private Affairs Leave on Medical Certificate Authority


with
Leave taken Dates Leave taken Dates
Attestation
of Head of
Period Progres- Period Progres- Office.
From To in sive total From To in sive total
days (days) days (days)

(1) (2) (3) (4) (5) (6) (7) (8) (9)

INSTRUCTION
The balance of leave on Private Affairs and leave on Medical
Certificate available on any date shall be arrived at by deducting the
progressive total in Column (4) and (8) respectively from the
maximum limit prescribed in each case in regulation 17(1) and (2),
17(5)(i) and 18 of the Tamil Nadu Electricity Board Leave
Regulations.

iii) The following form Part III Extra-ordinary leave without


Allowance and Part-IV - Study Leave shall be added after Part II
Un-Earned Leave.

PART-III - EXTRA-ORDINARY LEAVE WITHOUT ALLOWANCES

Progressive Authority with


Dates Period
total attestation of
Head of
From To Y M D Y M D
Office
61
PART - IV - STUDY LEAVE

Progressive Authority with


Date Period Purpose
total attestation of
Head of
From To Y M D Y M D
Office
(1) (2) (3) (4) (5) (6)

34. PROCEDURE TO BE FOLLOWED IN MAKING APPLICATION


FOR LEAVE ETC.

1 (a). Application for Leave:

Every application for leave or for an extension of leave should


be sent to the Competent Authority through the immediate superior,
if any, of the employee applying for leave. In the case of employees
in Class I and Class II Service, the application should also be sent
through the principal auditor responsible for the audit of his pay. The
application of an employee in foreign employment should also be
sent through the officer who accounts for the contribution recovered
from the foreign employer.

(1) (b). If a Board employee who is on leave and is out of India


applies for extension of leave on medical grounds, such an
application shall be accompanied by a Medical Certificate from two
qualified Medical Practitioners in the Proforma given below. If the
two qualified Medical Practitioners belong to a foreign country, the
said Medical Certificate shall be attested by the Consular or other
authority as bearing the signature of qualified Medical Practitioners.
If concurrence of the Central Government is required in respect of
the leave, the matter shall be taken up with the Department of
Personnel and Training, North Block, New Delhi as they are the
competent authority in this regard.
62
PROFORMA

MEDICAL CERTIFICATE

We hereby certify that we have carefully examined


Thiru/Thirumathi/Selvi _________________ of the _____________
Tamil Nadu Electricity Board, who is suffering from
__________________ and we solemnly and sincerely declare that,
according to the best of our judgement, he/she is at present unfit for
duty and that is absolutely necessary for the recovery of his/her
health that his/her present leave, which will expire on ____________
shall be extended by ______________ months/Weeks/days.

Signature of the Medical


Practitioner.
(Name and Seal)
Signature of the Medical
Practitioner.
(Name and Seal)
Date:
Place:

II. MEDICAL CERTIFICATE

Procedure in the case of employees in Class I and Class II


Service:

(1) Before an employee can be granted leave, or an extension


of leave on medical certificate, he must obtain a certificate in the
following form:-

Statement of the case of

Name (to be filled in by the applicant in the presence of the


Civil Surgeon or Official Medical Attendant.)

Appointment.

Age.
63
Total service.

Previous periods of leave of absence on medical certificate.

Habits.

Disease.

I, ______________________________, Surgeon of / Medical


Officer at or of ________________________________, after careful
personal examination of the case, hereby certify that

is in a bad state of health and I solemnly and sincerely declare that


according to the best of my judgement, a period absence from duty
is essentially necessary for the recovery of his health and
recommend that he may be granted _________ days leave with
effect from ______________________.

I consider that there is a reasonable prospect that the


employee ____________________ is no________________
will be/will ever be fit to resume his duties.

Civil Surgeon or

Official Medical Attendant.


Dated the

Note (1): This form should be adhered to as closely as possible and


should be filled in after the signature of the applicant has
been taken. The certifying officer is not at liberty to certify
that the applicant requires a change from or to a particular
locality or that he is not fit to proceed to a particular
locality. Such certificates should only be given at the
explicit desire of the administrative authority concerned, to
whom it is open to decide, when an application on such
grounds has been made to him, whether the applicant
should go before a Medical Board to decide the question
of his fitness for service.
64
Note (2): If the medical officer considers that there is no reasonable
prospect of an employee ever becoming fit to resume his
duties, he should certify accordingly and not recommend
any leave.

Note (3): Honorary Medical Officers not below the rank of Civil
Surgeons are also competent to issue medical certificate
under this regulation.

(2) The authority Competent to grant the leave may in its


discretion either accept the certificate or if it has reason to suspect
the bonafide of the application for leave send the employee for
medical examination before a Medical Committee constituted under
the orders of the Director of Medical Service, Madras. The
Committee will be assembled either at the headquarters of the State
or at such other place as may be required by the Board and the
employee will present himself with 3 copies of the statement of his
case before the Committee.

(3) The required leave or extension of leave can be granted


only if the Committee furnishes a certificate to the following effect:-

"We do hereby certify that, according to the best of our


professional judgement, after careful personal examination of
Thiru _______________________, we consider that he is suffering
from ________________________ and that his health is such as to
render leave of absence for a period of _______ days with effect
from______________ absolutely necessary for his recovery."

Note: In case where the leave recommended by the Civil Surgeon


or the Official Medical Attendant or the Honorary Medical
Officer not below the rank of a Civil Surgeon under Item 1
does not exceed two months, the authority competent to
grant leave shall dispense with the appearance of the Board
employee before the medical committee under Item 2 and
the obtaining of a certificate from the Committee under this
items, unless such authority doubts the bonafides of the
application for the grant of leave on medical certificate.

(4) Before deciding whether the grant or refuse the certificate


recommending leave, the Committee may in a doubtful case, detain
65
the employee under professional observation for a period not
exceeding 14 days. In that case, it should grant him a Certificate To
The Following Effect:-
"C.D. having been sent to us for a medical examination in
connection with his application for medical leave, we consider it
expedient before expressing our opinion to detain him under
professional observation for________ days."

(5) If the state of the applicant's health is certified by a


Government medical officer in charge of a civil station to be such as
to make it inconvenient for him to present himself at any place in
which a Committee can be assembled, the authority competent to
grant the leave may accept, in lieu of the certificate prescribed in
item (3) above, either:-
(a) a certificate signed by any two Government medical
officers in charge of civil stations, in whatever State they
may be serving; or
(b) If the authority considers it unnecessary to require the
production of two medical opinions, a certificate signed by
an officer in medical charge of a civil station and counter-
signed by the Collector of the District.
For the purpose of this clause, the Chief Medical Officer, Lady
Wellington-Leper Settlement, Tirumani, shall be deemed to be
medical officer in charge of civil station in respect of leper patients
under his treatment, provided that he is registered under the Madras
Medical Registration Act, 1914 (Madras Act IV of 1914) and the
certificate given by him is countersigned by the Director of Medical
Service.
(6) The grant of a certificate under item (1), (3) or (5) does not
in itself confer upon the employee concerned any right to leave. The
orders of the authority competent to grant the leave should be
awaited.
Procedure in the case of employees in Class III Service:
(7) An application by an employee in Class III Service for leave,
or for extension of leave on medical certificate must be accompanied
by a certificate issued by the authorised medical attendant or by the
applicant's own medical attendant, who should be a registered
66
medical practitioner. Such certificates should distinctly state the
nature of the illness, its symptoms, probable causes and duration,
the period of absence from duty considered to be absolutely
necessary for the restoration of the applicant's health and the date
from which such absence should take effect. In cases where the
employee produces a certificate from his own medical attendant, the
authority competent to grant the leave may in its discretion either
accept the certificate or secure a second medical opinion by sending
the applicant for medical examination either to the District Medical
Officer or to the nearest gazetted Government Medical Officer
available. Should it decide to secure a second medical opinion, it
must arrange for the medical examination to be made on the earliest
possible date after the date on which the first medical opinion was
given. It will be the duty of the District Medical Officer or the other
Medical Officer, as the case may be, to make an independent
examination of the applicant and on the basis of such examination to
express an opinion both as regards the facts of the illness and as
regards the amount of leave required.

NOTE: The possession of a certificate as prescribed in this


regulation does not itself confer upon the employee
concerned any right to leave.

(8) No certificate should be submitted for counter signature


without the cognizance of the head of the office in which the
applicant is serving.

(9) The countersigning officer may, in his discretion, require the


applicant to appear before him, unless it appears from the certificate
of his medical attendant that he is too ill to bear the journey. In the
latter case, the officer may, after careful investigation of the case,
either countersign the certificate or refuse to do so, as he thinks fit.

Procedure in the case of employees in Class IV Service:

(10) In support of an application for leave or for an extension of


leave on medical certificate the authority competent to grant the
leave may accept such certificate as it may deem sufficient.
67
Recommendations of Medical Committee:

(10-A) (i) Before leave is granted, the recommendations of the


Medical Committee shall be compulsorily obtained in the following
cases:-

(a) Where the unearned leave on Medical Certificate applied for


by employees of any Class exceeds 60 days;

(b) Where extension of leave is applied for in piecemeal and the


cumulative total of such leave exceeds 60 days; and

(c) Where an employee applies for unearned leave on Medical


Certificate after orders transferring him to another post,
place etc., are issued to him, irrespective of the period of
leave applied for.

(ii) The leave sanctioning authority should also exercise the


discretion to refer cases to the Medical Committee where there are
repeated applications for medical leave, although each such
application may be for a period less than 60 days.

(iii) Where an employee applies for leave on medical certificate


for short period and there is no time to constitute a Medical
Committee, the head of office or the leave sanctioning authority may
refer him to the nearest available Government Doctor not below the
rank of a Civil surgeon.

(iv) Whenever a reference is made to the Medical Committee


or to the nearest Government Doctor, the Medical Committee or
Government Doctor should specifically decide and record their
opinion as to whether it is necessary for the employee to appear
before them at the end of the medical leave period to get his fitness
for rejoining duty, certified. In all such cases, the fitness certificate
will have to be produced before the employee rejoins duty.

(v) The reference to the medical committee shall be made in the


case of all diseases except in the case of inpatients in Government
hospitals, provided they are admitted for treatment and not for
diagnosis. In such cases, it is necessary that the Superintendent of
the Hospital concerned issues the requisite certificate to that effect.
68

(10-B) The reference to the Medical Board shall not be


necessary for granting Un-Earned Leave on Medical Certificate in
the case of employees who are admitted as inpatients in
Government hospital for the period of treatment and also if the
period of leave recommended is co-terminus with the period of
treatment. In such cases, a reference to the Medical Board is not
necessary for granting Un-Earned Leave on Medical Certificate in
the case of employees who are taking treatment even after
discharge from the hospital, provided the treatment is continuous
and the certificate regarding the treatment is issued by a Medical
Officer not below the rank of a Civil Assistant Surgeon serving in that
particular department in the particular hospital where the employee
concerned was admitted as inpatient for treatment.

(10-C) Where employees are admitted as in-patients in Private


Nursing Homes/Hospitals and the Un-Earned Leave on Medical
Certificate applied for exceeds sixty days and stay in such institution
is co-terminus with the period of treatment the employee shall be
directed to be produced before the Medical Board for check-up and
issue of medical certificate if the place where the Medical Board
located is within a short distance from the Private Nursing
Home/Hospital by using an ambulance. The hire charges therefor
shall be reimbursed by the Board.

If the employee cannot be produced in person before the


Medical Board, then the Medical records of the individual shall be
furnished to the Medical Board, and if the genuineness of the
treatment given to the Board employee by the Private Nursing
Home/Hospital is acceptable to the members of the Medical Board,
then Un-Earned Leave on Medical Certificate shall be granted. The
grant of Medical Leave in such cases is subject to the condition that
the employee shall appear before the Medical Board at the earliest
opportunity as and when possible to attend the Medical Board, while
recouping health. The expenditure incurred by the employee for
appearing before the Medical Board shall be reimbursed by the
Board.

$$ Provided that the reference to the Medical Board shall not


be necessary for grant of Unearned Leave on Medical Certificate
in the case of a Board employee who is admitted as an inpatient in
69
a Private Hospital or Nursing Home, which is accredited by the
Government under the New Health Insurance Scheme, for the
period of treatment and also if the period of leave recommended is
co-terminus with the period of treatment, subject to the following
conditions, namely:-

(a) the Board employee should produce Medical Certificate


along with the case summary of treatment and a copy of the
case sheet. If there appears to be any doubt as to the
genuineness of the case, the leave sanctioning authority shall
refer the same to an Expert Committee or Medical Board
along with all connected records for second opinion;

(b) the Board employee is admitted only for treatment and not for
diagnosis. $$

$$ Added vide (Per) B.P.(FB) No.40 (SB), dated 14.10.2010.

DELEGATION

In deserving cases of employees upto the level of


Superintending Engineer, the Chairman is empowered to relax the
provision in Clause (10-A) and sanction un-earned leave on medical
certificate without reference to the Medical Board.

III. CERTIFICATE OF ADMISSIBILITY

Employees in Class I and Class II Service:

(11) Leave will be sanctioned only after its admissibility has


been certified by the Audit Officer who has been auditing his pay.

Employees in Class III and Class IV Service:

(12) Before leave is sanctioned, the authority competent to grant


the leave should either consult the leave account and satisfy himself
that the leave is admissible, or obtain a certificate to that effect from
the officer entrusted with the attestation of the entries in the leave
account.
70
When the application is for study leave or other leave
specifically granted for purposes of study out of India, the authority
sanctioning the leave should obtain a certificate of admissibility from
the Audit Officer before sanctioning the leave.

In the case of employees deputed temporarily to the State or


Central Government Departments, the authority competent to
sanction the leave may get a certificate of admissibility of leave from
the Audit Officer administering the leave regulations concerned
when there is genuine cause for doubt.

Employees in foreign service:

(13) In the case of an employee on foreign service, leave should


not be sanctioned until the Audit Officer who is responsible for the
recovery of the leave/pension/contributory Provident Fund
contribution has certified the amount of leave and the leave salary
admissible.

IV. GRANT OF LEAVE


General
Priority of claims to leave

(14) The grant of leave at a particular time cannot be claimed as


a right by an employee. In exercising their discretion under these
regulations, authorities competent to grant leave shall have regard to
the following considerations:

(a) The exigencies of the Service.


(b) The employees who can, for the time being, be spared.
(c) The amount of leave due to the various applicants.
(d) The amount and character of the service rendered by each
applicant since he last returned from leave.
(e) The fact that any such applicant was compulsorily recalled
from his last leave.
(f) The fact that any such applicant has been refused leave in
the interests of the Board.
71
Grant of leave to an employee who is unlikely to be fit to return
to duty.

(15) When a medical committee has reported that there is no


reasonable prospect that a particular employee will ever be fit to
return to duty, leave should not necessarily be refused to such
employee. It may, if due, be granted on the following conditions by
the Board in the case of employees in Class I and II Service and by
the Chairman of the Board or Chief Engineer, as the case may be, in
the case of other employees:

(a) If the medical committee is unable to say with certainty that


the employee will never be fit for service again, leave not exceeding
twelve months in all may be granted. Such leave should not be
extended without a further reference to a medical committee.

(b) If the medical committee declares the employee to be


completely and permanently incapacitated for further service, the
employee should, except as provided in clause(c) below, be
invalided from the service, either on the expiration of the leave
already granted to him, if he is on leave when examined by the
committee, or if he is not on leave, from the date of the committee's
report.

(c) An employee declared by a committee to be completely and


permanently incapacitated may, in special cases, be granted leave
or an extension of leave, not exceeding six months as debited
against the leave account, if such leave be due to him. Special
circumstances justifying such treatment may be held to exist when
the employees' breakdown in health has been caused in and
by Board's Service/or when the employee has taken a comparatively
small amount of leave during his service or will complete at an early
date an additional year's service for pension.

Grant of leave to an employee who ought to be dismissed

(16) Leave should not be granted to an employee who ought at


once to be dismissed or removed or compulsorily retired from
service for misconduct or general incapacity.
72
V. PAYMENT OF LEAVE SALARY.

Leave in India

(17) Leave salary is payable in India after the end of each


calendar month.

Employees in Class I and Class II Service:

(18) An employee in Class I or Class II Service on leave in India


may draw his leave salary in India; but he cannot begin to draw it
without producing a leave salary certificate from the Audit Officer
who audited his pay before he proceeded on leave. If during leave,
he desires to change the place at which he receives the payment of
his leave salary, he should obtain a new certificate from the Audit
Officer.

Note: An officiating employee in Class I or Class II Service who


holds an active or suspended lien on a post in Class III or
Class IV Service will retain his status as an employee in
Class I or Class II Service for all purposes during the period
of leave taken by him including extensions,
if any, but before resuming duty as an employee in Class III
or Class IV Service. The authority sanctioning the leave
should in such cases intimate the fact to the head of the
office where the employee is permanently borne, sufficiently
in advance to enable the latter to make necessary
consequential arrangements.

(19) If an employee in Class I or Class II Service signs his bill


himself, he must either appear in person at the place of payment or
furnish a life certificate signed by a responsible officer of
Government or of the Electricity Board or some other well-known
and trust worthy person. If he draws his leave salary through an
authorised agent, the agent, whether he has or has not the power of
attorney, must either furnish a life certificate as aforesaid, or execute
a bond to refund over-payments. A life certificate may be given
periodically, a bond being given to cover intermediate payment not
supported by the life certificate.
73
(20) Employees in Classes III and IV Services:

The leave salary of an employee in Class III or Class IV service


on leave cannot be drawn, except over the signature of the head of
his office; and the latter is responsible for any overcharge.

The leave salary of an employee holding a permanent post in


one office and officiating in a post in another office may be drawn at
the office from which he proceeded on leave, if he would have
continued in that office but for his leave and is expected to return to
it on its expiry. No Last Pay Certificate should be issued in such
cases but the fact of the employee having gone on leave should,
however, be intimated to the head of the first office so that he can
show the necessary arrangements in the absentee statements of his
office. The bills in which leave salary is drawn should also indicate
the permanent post on which the absentee holds a lien to facilitate
correct classification of leave-salary.

Leave salary during leave preparatory to retirement:

(20-A) An employee in Class I or Class II Service on leave


preparatory to retirement or on refused leave under regulation 29 or
such other leave on the expiry of which he is not expected to return
to duty should record a certificate on the leave salary bill that during
the period for which leave salary is drawn, he was not re-employed
under the Board, Government, local fund or a private employer.

In the case of employees in Class III or Class IV Service,


similar certificate should be recorded by the drawing officers on the
bills in which the leave salary is drawn after obtaining declarations
regarding non-employment from them.

VI. Return from leave

(21) An employee in Class I or II Service, on return from leave,


must report his return to the Board.

(22) An employee returning from leave is not entitled, in the


absence of specific orders to that effect, to resume as a matter of
course the post which he held before going on leave. He must report
his return to duty and await orders. He must, if necessary, also
74
submit to such delay as may be required in the interest of the
Board's service.

Note: Controlling Officers should provide for the expected return of


employees from leave by seeing that the employees to be
relieved are at headquarters in due time to give over charge.

(23) Before returning to duty an employee in Class I or Class II


Service who has drawn his leave salary should obtain a last pay
certificate from the Audit Officer within whose jurisdiction his leave
salary was last paid, and deliver it to the Audit Officer, who audits his
pay. Without such a certificate, he cannot obtain payment of any
arrears of leave salary or pay due to him.

When an employee is appointed to officiate in a post in Class I or


II Service, the Audit Officer shall call for his leave account and
maintain it. During leave, such an employee shall be deemed to hold
the status of Class I or II employees for purposes of drawal of leave
salary, grant of extension of leave, issue of notifications, etc.
irrespective of the fact whether on the expiry of his leave he would
return to his post in Class I or II Service or not. The Audit Officer will
intimate the rate of leave-salary admissible to the officer direct, and
the officer will draw his pay accordingly. Any extension of leave will
also be certified by the Audit Officer.

In the case of an employee who is granted leave under


item (15) (a), the leave should initially be treated as leave
preparatory to retirement. But, if he returns to duty subsequently, the
leave should be treated as leave on medical certificate. Necessary
adjustments in leave accounts should be made and arrears of leave
salary, if any, should also be paid.
The discretion allowed by item (15) (c) may be exercised in the
case of employees who are sent before a competent medical
authority either for grant of leave or for report as to their fitness for
further service and the latter certified them to be completely and
permanently incapacitated for further service.
Items (1) - (6) regulating the grant of leave on medical certificate
to employees in Class I or II Service should be applied also to
employees who are holding posts in Class I or II Service in an
officiating capacity prior to their going on leave.
75
MAINTENANCE OF RECORDS OF SERVICE

1. Omitted

2. Duty of the head of the office:-

A service book in such form as may be prescribed by the Board


from time to time should be opened for every employee at his own
cost, as soon as he is regarded as selected for admission to Board's
service and as on probation for that service. It should be kept in the
custody of the head of the office in which he may be serving and
transferred with him from office to office. It is the duty of the head of
the office to see that all entries are duly made and attested.

Note: Such service books should also be opened in respect of


persons who are appointed on a purely temporary basis
under the emergency provisions and are likely to be retained
in service for over one year.

3. It is the duty of every employee to see that his service book is


properly maintained and that all erasures in it are attested. The head
of the office will allow an employee to examine his service book,
should he at any time desire to do so.

4. Certificates of character not to be entered: Personal


certificates of character should not be entered in a service book.

5. Kind of punishment:

When the probation of an employee is terminated or when an


employee is reduced to a lower post, dismissed or removed or
compulsorily retired from service or suspended from employment,
the reason for the termination of the probation, reduction, dismissal,
removal, compulsory retirement or suspension, as the case may be,
should always be briefly stated thus:

'probation terminated on the ground of unfitness', 'Reduced for


inefficiency', etc. The head of the office make efficient arrangements
for these entries, being made with regularity. The duty should not be
left to the employee in Class III or IV Service concerned.
76
Copies of all orders regarding reduction, dismissal, removal,
compulsory retirement or suspension should be filed with the service
book.

6. Maintenance of service books: In the service book, every


step in an employee's official life, including temporary and officiating
promotions of all kinds, the date on which the period of probation is
satisfactorily completed, increments and transfers and leave of
absence taken, should be regularly and concurrently recorded, each
entry being duly verified with reference to office orders, pay bills and
leave statements and attested by the head of the office. If the head
of the office has an Assistant belonging to Class I or II Service, he
may delegate the duty of attesting the entries to such an assistant. If
the employee is himself the head of an office, the attestation should
be made by his immediate superior. Any departmental test/special
test examination passed by the Board employee shall be entered in
the service book based on the Tamil Nadu Public Service
Commission Bulletin in which the register numbers of the successful
candidates in that test were published in the first instance, after
verifying with the Hall Ticket showing the name of the person
together with Register number, based on the written applications
given by the employees concerned. The resultant benefits like
promotion, completion of probation, drawal of increments etc., may
be allowed on the basis of such verification, subject to the condition
that the employees concerned give an undertaking in writing to the
effect that in the event of their names being not found in the Tamil
Nadu Public Service Commission Bulletin published subsequently
containing the names of successful candidates in that Test, they will
forgo the benefits availed of by them and refund the amounts of
additional benefits accrued to them. In cases where the benefits like
promotion, completion of probation, drawal of increments etc., are
allowed after verification of the Hall Tickets as above, a suitable
entry shall be made in the Service Register of the employees
concerned to the effect that such benefits have been allowed on the
basis of such verification and that it is subject to subsequent
confirmation by verification of the Official Bulletin containing the
names of successful candidates. An entry regarding such
subsequent verification of the official Bulletin shall also be made in
the Service Register. Officiating and temporary service and leave
taken prior to first substantive appointment to a permanent post
should also be recorded in the service book and duly attested after
77
verification. In the case of Assistants, Junior Assistants, Typists,
Store-Keepers, etc., selected by the Board, the date of birth should
be verified with reference to the entries in the applications for
appointment as accepted by the Board. In the case of an employee
st
the year of whose birth is known but not the date, the 1 July should
be treated as the date of birth. When both the year and the month of
birth are known, but not the exact date, the 16th of month should be
treated as the date of birth.
In addition to the above, entries should be made in the service
book regarding the drawal of long term advances, admission to
Provident Fund Account, nominations exercised for Provident Fund
and Death-cum-Retirement Gratuity, options exercised by the
employees to come over to revised scales of pay, etc., admission of
pension, family pension and death-cum-retirement gratuity,
permission granted to acquire/dispose of movable and immovable
properties, grant of additional charge allowance.
Note (1): The date of birth entered in the Service book can be
altered, except in the case of a clerical error, only under
the orders of the Board in accordance with the provisions
in Regulation 110(b) of the Service Regulations.
Note (2): Applications for rectification of incorrect entries relating to
community in service records shall be made to the
immediate superior officer enclosing records in support of
the request. The immediate superior officer shall forward
the application and the connected records to the
Secretary to the Board in the case of employees in the
Board Office Secretariat Branch and Board Office Audit
Branch and to the Chief Engineer/Personnel in the case
of employees in his office and other offices under his
control through the proper channel. The Secretary to the
Board/Chief Engineer (Personnel) shall arrange for a
personal enquiry into the facts of the case by an
employee of the Board not lower in rank than that of an
Assistant Executive Engineer. On receipt of the records
of enquiry, the Secretary to the Board/Chief Engineer
(Personnel) shall pass such orders as he deems fit
having regard to the merits of each case. His decision
thereon shall be final. Alteration relating to community in
the service records shall invariably refer to the orders of
78
the Secretary to the Board/Chief Engineer(Personnel), in
which the alteration was ordered and be attested by an
employee in Class I or II service or the Head of the office
concerned.

Note(3): The native place of a Board employee shall be entered in


the service book with reference to the place of domicile in
Tamil Nadu certified by the Board employee concerned
at the time of his entry into Board Service. Such entry
shall not be altered later by the Board employee.
7. Transfer to another office: When an employee in Class III
or IV Services is transferred, whether permanently or temporarily,
from one office to another, the necessary entry of the nature and
reason of the transfer should be made in his service book in the
office from which the employee is transferred, and the book after
being duly verified to date and attested by the head of that office,
should be transmitted to the head of the office to which the
employee has been transferred, who will thence forth have the book
maintained in his office. If he finds any error or omission in the book
on receipt, he should return it to the forwarding officer for the
purpose of having the error rectified or the omission supplied before
the book is taken over by him. The service book should not be made
over to the employee who has been transferred.
8. Transfer to foreign service: If an employee is transferred to
foreign service, the head of the office or chief Engineer (Personnel)
should send his service book to the Audit Officer who will return it
after noting therein, under his signature, the orders sanctioning the
transfer and other necessary particulars in connection with the
transfer. On the employee's proceeding on leave from foreign
service or on his re-transfer to service under the Board, his service
book should again be sent to the Audit Officer for recording all
necessary particulars connected with the leave or re-transfer to
service under the Board including the fact of recovery of leave and
pension or provident fund contributions.
9. Omitted.
10. Where the date of birth of an employee in class IV Service
cannot be correctly ascertained, the age as estimated by the
medical officer when granting certificate of physical fitness to the
employee should be entered in the service book.
79
11. Annual Verification: The Service books in each office
should be taken up for verification in January of every year by the
head of the office who, after satisfying himself that the service of the
employee concerned are correctly recorded in his service book in
conformity with the above instructions, should record therein a
certificate in the following words over his signature:- "Services
verified upto (date) from (pay bills, acquittance rolls and similar
records to be specified by reference to which the verification was
made)". The head of the office in recording the annual certificate of
verification should, in the case of any portion of service that cannot
be verified from office records, distinctly state that, for the excepted
periods (naming them), a statement in writing by the employee as
well as a record of the evidence of his contemporary employees is
attached to the book. Heads of offices may delegate the duties
imposed upon them to their assistants in Class I or II service, if any.
They should, however, inspect at least 10 percent of the service
books and initial them in token of having done so, unless the Board
specially fixes a lower percentage in any case. Heads of offices
should furnish a certificate regarding the completion of the annual
verification of services in respect of all Board employees working
under them and those on Foreign Service to the next superior officer
by the 31st July every year covering the preceding financial year. It
shall also be the duty of every head of office to initiate action to
show the service books to the Board employees under his
administrative control every year and to obtain their signature therein
in token of their having verified their service books. A certificate to
the effect that he has done so in respect of the preceding financial
year, should be submitted by him to his next superior officer by the
end of every September. In the case of Board employee on Foreign
Service his signature shall be obtained after the Audit Office has
made necessary entries connected with his Foreign Service.

Note: The verification of service referred to above should be in


respect of all service whether permanent, provisional,
temporary or officiating.

12. Periodical inspection: It is the duty of officers inspecting


subordinate offices to inspect the service books maintained there.
They should see that they are maintained upto date, that entries are
properly made and attested, that verification has been properly
carried out and the necessary statement and evidence secured and
80
verification certificates have been properly recorded by the head of
the Offices.

When an employee's service is terminated by dismissal, his


service book should be retained for a period of five years or until the
employee's decease, whichever is earlier, after which it will be
destroyed. A similar procedure should be followed in the case of an
employee whose probation is terminated. The head of the office in
which he was last employed should retain the service book in such
cases.

When an employee's service is terminated by resignation or


discharge without fault, his service books should be retained for a
period of five years from the date of his resignation or discharge. In
the event of his death within the period of five years, the service
book should be retained for a period of six months only from the
date of his death.

The service book of an employee who has been dismissed and


who is afterwards reinstated should, on requisition, be returned to
the head of the office in which he is re-employed.

A similar course should be adopted when an employee has


been discharged without fault or resigns and is subsequently
re-employed.

13. Verification of entries made in service books: The


verification of entries made by an Assistant/Junior Assistant in
service books may be entrusted to his immediate departmental
superior if the head of the office sees fit, but the responsibility as to
their accuracy will rest with the latter officer who has to attest them.

35. In respect of matters in these regulations for which there is


provision also in the Standing Orders for the employees of the Board
framed under the Industrial Employment (Standing Orders) Act,
1946, the provisions in the Standing Orders shall prevail in regard to
the employees governed by the Standing Orders.
81
APPENDIX - I
(Referred to in Regulation 2)
Categories of posts in Division IX(b) of Class III Service and Division
II(b) of Class IV Service (as on 10.06.67) to the holders of which leave
regulations do not apply, they are getting leave under the Factories Act.
Category of post No. of Scale of Pay * (Rs)
posts
(A) Basin Bridge Power House
1 Foreman, I Grade 4 180-10-300
2 Foreman, II Grade 3 160-71 / 2-190-10-240
3 Foreman, III Grade 4 135-5-175
4 Foreman, IV Grade 3 115-5-150
5 Maistry, II Grade 6 105-4-145
6 Maistry, III Grade 4 98-3-128
7 Time Keeper, I Grade 1 98-3-128
8 Tyndal 3 85-3-118
9 Mixer Driver 1 98-3-128
10 Electrician, I Grade 1 93-3-128
11 Welder, I Grade 1 105-4-145
12 Welder II Grade 1 85-3-118
13 Mechanic, II Grade 1 105-4-145
14 Mason, I Grade 1 85-3-118
15 Lascar, I Grade 3 64-2-80
(B) Repair Shop, Emerald / Parsons Valley
16 Shop Assistant 1 105-4-145
17 Tool Keeper, I Grade 1 98-3-128
18 Foreman, III Grade 1 135-5-175
19 Foreman, IV Grade 1 115-5-150
20 Fitter, II Grade 2 98-3-128
21 Carpenter, I Grade 1 98-3-128
(C) Kundah Hydro Electronic Scheme – Repair Shop and Auto-servicing Station
22 Foreman, IV Grade 1 115-5-150
23 Mechanic, I Grade 2 115-5-150
24 Mechanic, II Grade 1 105-4-145
25 Shop Assistant 1 105-4-145
26 Time Keeper, I Grade 1 98-3-128
27 Time Keeper, II Grade 1 85-3-118
28 Lorry Driver, I Grade 3 105-4-145
29 Lorry Driver, II Grade 7 98-3-128
30 Crane Driver-cum-Electrician 2 105-4-145
31 Lascar, I Grade 1 64-2-80
32 Watchman 3 55-11/2-70
*1963 scale of pay
82
APPENDIX-II
(Referred to in Regulation 25)
FORM-A
BOND FOR PERMANENT BOARD EMPLOYEES PROCEEDING
ON STUDY LEAVE UNDER THE STUDY LEAVE RULES
Know all men by these presents that I, ________________,
S/o_____________________, residing at _____________________
in the District of_________________, at present employed as
__________________ in the office of________________________,
do hereby bind myself and my heirs, executors, administrators, legal
representatives, successors and assigns to pay to the Tamil Nadu
Electricity Board (hereinafter called "The Board" which expression
shall where the context so admits includes its successors-in-office
and assigns) on demand the sum of Rs_________________
(Rupees _____________________________) together with interest
thereon from the date of demand at the rates for the time being in
force on Board loans or if payment is made in a country other than
India, the equivalent of the said amount in the currency of that
country converted at the official rate of exchange between that
country and India and together with all costs chargeable as between
attorney and client and all charges and expenses that shall or may
have been incurred by the Board.
Signed this _____________ day of __________________
two thousand and ______________________.
In the presence of ________________
Witnesses:- (1)
(2)
83
Whereas I ____________________ am granted study leave
by the Board.
And whereas under the terms of grant of study leave I have
to execute this bond with such condition as hereunder.
Now the condition of the above written obligation is that in
the event of my resigning or retiring from service without returning to
duty after the expiry of termination of the period of study leave or at
any time after my return to duty, I shall forthwith pay to the Board or
as may be directed by the Board on demand the said sum of
Rs_______________ (Rupees_____________________________)
together with interest thereon from the date of demand at the rates
for the time being in force on Board loans.
And upon my making such payment the above written
obligation shall be void and be of no effect; otherwise it shall remain
in full force and virtue.
The Board has agreed to bear the stamp duty payable on
this bond.
In the presence of
Witnesses:- (1)
(2)
ACCEPTED BY
Acting for and on behalf of and by the order and direction of
the Tamil Nadu Electricity Board
In the presence of
Witnesses:- (1)
(2)
84
FORM - A1
BOND FOR PERMANENT BOARD EMPLOYEES GRANTED
EXTENSION OF STUDY LEAVE
Know all men by these presents that I, ________________,
son of_______________ residing at __________________ in the
District of _______________ at present employed as ____________
in the office of ________________, do hereby bind myself and my
heirs executors, administrators, legal representatives, successors
and assigns to pay to the Tamil Nadu Electricity Board (hereinafter
called "the Board" which expression shall, where the context so
admits, includes its successor in office and assigns) on demand
the sum of Rs.____________ (Rupees ______________________)
together with interest thereon from the date of demand at rates for
the time being in force on Board loans or if, payment is made in a
country other than India, the equivalent of the said amount in the
currency of that country converted at the official rate of exchange
between that country and India and together with all costs
chargeable as between attorney and client and all charges and
expenses that shall or may have been incurred by the Board.
Signed this ____________ day of ____________________
Two thousand and _______________________.
Signature
In the presence of
Witnesses:- (1)
(2)
Whereas I ________________________ was granted study
leave by the Board for the period from __________ to __________
in consideration of which I executed a bond, dated ______________
85
for Rs._________________ (Rupees ________________________)
in favour of the Board.
And whereas the extension of study leave has been granted to
me at my request until —
And whereas under the terms of the grant of extension of study
leave I have to execute this bond with such condition as hereunder.
Now the condition of the above written obligation is that in the
event of my resigning or retiring from service without returning to
duty after the expiry or termination of the period of study leave so
extended or at any time after my return to duty, I shall forthwith pay
to the Board or as may be directed by the Board on demand the said
sum of Rs____________ (Rupees __________________________)
together with interest thereon from the date of demand at rates for
the time being in force on Board loans.
And upon my making such payment the above written
obligation shall be void and be of no effect; otherwise it shall remain
in full force and virtue.
The Board has agreed to bear the stamp duty payable on this
bond.
In the presence of
Witnesses:- (1)
(2)
ACCEPTED BY

for and on behalf of and by the order and direction of the


Tamil Nadu Electricity Board
In the presence of
Witnesses:- (1)

(2)
86
FORM -B

BOND FOR NON-PERMANENT BOARD EMPLOYEES


PROCEEDING ON STUDY LEAVE UNDER THE STUDY LEAVE
RULES.

KNOW ALL MEN BY THESE PRESENTS THAT WE,


__________________________, Son of __________________
residing at ________________________ in the District of
__________________, at present employed as ____________ in
the office of the _________________ (hereinafter called "the
obligor") and Thiru____________________, son of ____________
employed as ________________________________ in the Office
of ______________________ and Thiru___________________,
son of __________________ employed as ____________________
in the Office of _______________________________________
(hereinafter called the sureties) do hereby jointly and severally bind
ourselves and our respective heirs, executors, administrators, legal
representatives, successors and assigns to pay to the Tamil Nadu
Electricity Board (hereinafter called "the Board" which expression
shall, where the context so admits, include its successors in office
and assigns), on demand the sum of Rs_____________
(Rupees________________________) together with interest
thereon from the date of demand at rates for the time being, in force
on Board loans or if, payment is made in a country other than India,
the equivalent of the said amount in the currency of that country
converted at the official rate of exchange between that country and
India and together with all costs chargeable as between attorney
87
and client and all charges and expenses that shall or may have been
incurred by the Board.
Signed and dated this _______________, day of
__________________ Two thousand and ___________________.

Signature of the Obligor

Sureties: (1)
In the presence of

Witnesses:- (1) (2)

(2)

WHEREAS the obligor is granted study leave by the Board.

AND WHEREAS under the terms of the grant of study leave,


the obligor has to execute this bond with such condition as
hereunder.
AND WHEREAS the said sureties have agreed to execute
this bond as sureties on behalf of the above bounded.
Now the condition of the above written obligation is THAT in
the event of the obligor Thiru _____________________ resigning
from service without returning to duty after the expiry of termination
of the period of study leave or at any time after his return to duty the
obligor and the sureties shall forthwith pay to the Board or as may
be directed by the Board on demand the said sum of Rs._________
(Rupees ____________________________________) together with
interest thereon from the date of demand at rates for the time being
in force on Board loans.
88
And upon the obligor Thiru ____________ and/or_______
Thiru________ and/or Thiru ____________ the sureties aforesaid
making such payment the above written obligation shall be void and
be of no effect; otherwise it shall remain in full force and virtue:
PROVIDED ALWAYS that the liability of the sureties
hereunder shall not be impaired or discharged by reason of time
being granted or by any forebearance, act or omission of the Board
or any person authorised by it (whether with or without the
consent or knowledge of the sureties) nor shall it be necessary for
the Board to sue the obligor before suing the sureties Thiru _______
and Thiru __________ or any of them for the amount due therein.
The Board has agreed to bear the stamp duty payable on
this bond.

Signed by the obligor


Signed by the Surety
Signed by the Surety
In the Presence of
Witnesses:- (1)
(2)
ACCEPTED BY
for and on behalf of and by the order and direction of the
Tamil Nadu Electricity Board.
In the presence of
Witnesses:- (1)
(2)
89
FORM - B-1

BOND FOR NON-PERMANENT BOARD EMPLOYEES GRANTED


EXTENSION OF STUDY LEAVE

Know all men by these presents that we _______________,


son of _____________________, residing at _______________
_____________ in the District of ______________________ at
present employed as ____________________________ in the
Office of ______________________ (hereinafter called "the
obligor") and Thiru ___________________________________ son
of ____________________ employed as_____________________
in the office of ________________ and Thiru __________________
son of _________________________________ employed as
____________________ in the office of _______________
______________________ (hereinafter called the sureties) do
hereby jointly and severally bind ourselves and our respective heirs,
executors, administrators, legal representatives successors and
assigns to pay to the Tamil Nadu Electricity Board (hereinafter called
"the Board" which expression shall, where the context so admits,
include its successor in office and assigns) on demand the
sum of Rs._______________ (Rupees_____________________
________________________) together with interest thereon from
the date of demand at rates for the time being in force on Board
loans or if payment is made in a country other than India, the
equivalent of the said amount in the currency of that country
converted at the official rate of exchange between that country and
India AND TOGETHER with ail costs chargeable as between
90
attorney and client and all charges and expenses that shall or may,
have been incurred by the Board.
Signed this deed________________ on the day of Two
thousand and _________________________________________

Signature of the obligor:

In the presence of
Witnesses:- (1)

(2)

Signature of the sureties:

In the presence of
Witnesses:- (1)

(2)

WHEREAS the obligor was granted study leave by the


Board, for the period from _______ to __________ in consideration
of which he executed bond, dated _________ for Rs.____________
(Rupees________________________________) in favour of the
Board.
AND WHEREAS the extension of study leave has been
granted to the obligor at his request until —
AND WHEREAS under the terms of the grant of extension of
study leave, the obligor has to execute this bond with such condition
as hereunder;
AND WHEREAS the said sureties have agreed to execute
this bond as sureties on behalf of the above bounden.
91
NOW THE CONDITION OF THE ABOVE WRITTEN
OBLIGATION IS THAT in the event of the obligor
Thiru__________________________ resigning from service without
returning to duty after the expiry or termination of the period of study
leave so extended or at any time after his return to duty the obligor
and the sureties shall forthwith pay to the Board or as may be
directed by the Board on demand the said sum of Rs____________
(Rupees_________________________________) together with
interest thereon from the date of demand at rates for the time being
in force on Board loan.
And upon the obligor Thiru _____________________ and,
or Thiru ________________ and, or Thiru ____________________
the sureties aforesaid making such payment the above written
obligation shall be void and of no effect; otherwise it shall remain in
full force and virtue;
PROVIDED ALWAYS that the liability of the sureties
hereunder shall not be impaired or discharged by reason of time
being granted or by any forebearance, act or omission of the Board
or any person authorised by it (whether with or without the consent
or knowledge of the sureties) nor shall it be necessary for the board
to sue the obligor before suing the sureties Thiru________________
and Thiru __________________ or any of them for amounts due
hereunder.

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