RULE

BALOCHISTAN CIVIL SERVANTS' BALOCHISTAN CIVIL SERVANTS' LEAVE RULES, 2020 [Gazette of Balochistan Extraordinary, 25th September, 2020] No. S.O.FD (R-II)/X-II/2020/711-810, dated 25.9.2020.---In exercise of the powers conferred by subsection (1) of Section 25 of the Balochistan Civil Servants Act, 1974, (Balochistan Act No. IX of 1974), the Government of Balochistan is pleased to make the following rules:- PART I GENERAL 1. Short title, application and commencement.---(1) These rules may be called the Balochistan Civil Servants' Leave Rules, 2020. (2) They shall come into force at once. 2. Definitions.---(1) In these rules, unless there is anything repugnant in the subject or context,- (a) "Account Officer" means the Officer, with whatsoever designation known, in whose circle of audit the civil servant is serving. (b) "Administrative Secretary" means the Secretary or Acting Secretary to the Government in charge of a Department and includes, Additional Chief Secretary, Senior Member Board of Revenue and Chairman Chief Minister's Inspection Team; (c) "Attached Department" means a Department mentioned in column 3 of Schedule II of Balochistan Government Rules of Business, 2012; (d) "Basic Pay Scale" means a Basic Pay Scale of pay sanctioned by Government in which a post or group of posts is placed; (e) "Calendar Month" means a calendar month during which no earned leave has been enjoyed by a civil servant and includes the calendar month during which the earned leave for less than fifteen days has been enjoyed and, if the span of earned leave extends beyond one calendar month and the part of such leave falling severally both in the months of beginning and ending thereof exceeds fifteen days, the calendar month of ending the earned leave; (f) "Chief Secretary" means the Chief Secretary Balochistan; (g) "Civil Servant" means as defined in Section 2 (b) of the Balochistan Civil Servants Act, 1974; (h) "Competent Authority" means the authority competent to sanction leave as defined in rule-49 of these rules; (i) "Department" means a self-contained administrative unit in the Secretariat shown in Column 2 of Schedule II of the Balochistan Government Rules of Business, 2012: Provided that Services and General Administration Department shall, for the purpose of Secretariat employees, be deemed as a Department; (j) "Deputy Commissioner" means a District Head of the Administration appointed by the Government. (k) "Divisional Commissioner" means the Commissioner of a Division appointed under Section 8 of the West Pakistan Land Revenue Act, 1967 (Act No.XVII of 1967). (l) "Duty rendered" means the period of duty rendered by a civil servant in terms of calendar months; (m) "Earned Leave" means the leave earned by a civil servant from the appointed day to onwards in accordance with these rules together with the balance of such leave accumulated or debited to the civil servant immediately before the said date in accordance with these rules; (n) "Foreign Service" means service where a member of the Service receives pay with the sanction of the Government from any source other than the Consolidated Fund of Pakistan or the Consolidated Fund of any Province; (o) "Form" means a Form appended to these rules; (p) "Government" means the Government of Balochistan as defined in Article 129 of the Constitution of the Islamic Republic of Pakistan, 1973. (q) "Head of Attached Department" means an officer shown in column 4 of Schedule II of the Balochistan Government Rules of Business, 2012; (r) "Leave" means the earned leave or any other kind of leave specified in these rules and applied or granted to a civil servant out of his leave account or other than from the leave account; (s) "Leave Account" means the account of the earned leave and the leave granted there from: (t) "Post" means a post sanctioned by the Finance Department in connection with the affairs of the Province; (u) "Secretariat" means the Balochistan Civil Secretariat. (2) Words and expressions used hereinabove but not defined in these rules shall have the same meanings as are assigned to them in the Balochistan Civil Servants Act, 1974 (Act IX of 1974). 3. Leave is a provision to stay away from work for genuine reasons with prior approval of the authorities. It may be granted for a casual purpose or a planned activity, on medical grounds or in extra-ordinary conditions. Leave cannot be claimed as a matter of right (except the leave for Hajj and Umrah and for minorities to visit their holy places, Medical Leave, Disability Leave and Special Leave to Female Civil Servants as prescribed in the rule hereinafter) and the leave sanctioning authority may refuse or revoke leave. Leave sanctioning authority cannot alter the kind of leave due and applied for. Leave will not be granted to a civil servant under suspension, however, there shall be no restriction for grant of leave for Hajj and Umrah and there shall also be no restriction for grant of leave or ex-Pakistan leave for minorities non-Muslims for visit of their holy places. The civil servants applying for grant of leave are not to leave their offices/places of duty without waiting for actual sanction of the leave applied for. Thus an application for leave should not be anticipated as grant of leave. They must wait for sanction of leave and should not leave the place of their duty before the leave applied for is actually granted by the competent authority. 4. Leave should always be applied for and sanctioned before it is taken, except in cases of emergency and for satisfactory reasons. Absence from duty after expiry of leave entails disciplinary action. Absence without leave will constitute an interruption in service. A Civil Servant on leave shall not take up any service or employment elsewhere without obtaining prior sanction of the competent authority. 5. When Leave Earned.---The duty rendered by a civil servant shall qualify him to earned leave in accordance with these rules when leave earned but shall not be earned during the period of leave. For the purpose of this rule a period spent in foreign service counts as duty if contribution towards leave salary is paid on account of such period. Provided that any period spent in any service in which the civil servant receives his substantive pay from any source other than the revenues of the Province or the Federation shall not qualify him unless contribution towards leave salary has been paid to the Government on account of such period. 6. Earning and Accumulation of leave.---(1) A civil servant shall earn leave only on full average pay which shall be calculated at the rate of four days for every calendar month of the period of duty rendered and credited to the leave account as "Leave on Full Average Pay". Duty period of fifteen days or less in a calendar month being ignored and those of more than fifteen days being treated as a full calendar month for the purpose. (2) If a civil servant proceeds on leave during a calendar month and returns from it during another calendar month and the period of duty in either month is more than fifteen days, the leave to be credited for both the incomplete months shall be restricted to that admissible for one full calendar month only. (3) There shall be no maximum limit on the accumulation of such leave. 7. Civil Servants in Vacation Department.---A civil servant in a vacation department may earn leave on full pay:- (a) When he avails himself of full vacation in a calendar year at the rate of one day for every calendar month of duty rendered; (b) When during any year he is prevented from availing himself of the full vacation as for a civil servant in a non-vacation department for that year; and (c) When he avails himself of only a part of the vacation as provided in clause (a) above plus such proportion of thirty days as the number of days of vacation not taken bears to the full vacation. 8. Accounts Offices to maintain leave account.---(1) Leave account in respect of a Non-Gazetted civil servant shall be maintained as part of his Service Book. (2) The Accounts Offices shall maintain the leave accounts of Gazetted civil servants of whom they were maintaining the accounts immediately before the coming into force of these rules. 9. Leave to lapse when civil servant quits service.---All leaves at the credit of a civil servant shall elapse when he quits service. Leave at the credit of a Civil servant in his leave account shall also elapse on the date of compulsory retirement as a measure of punishment under the relevant rules provided that if in sufficient time before that date he has:- (a) formally applied for leave and been refused it, or (b) ascertained in writing from the sanctioning authority that leave if applied for, would not be granted in either case the ground of refusal being the requirements of the public service, then the civil servant may be granted, after the date of retirement, the amount of leave so refused subject to a maximum of six months. 10. Carrying over the Earlier Leave Accounts.---The Earned Leave Account of a Civil Servant earned in a calendar year in the present Department/post or in any another Department prior to appointment to the present post shall be carried forward and credited to his Earned Leave Account in the Department for the accumulation of leave: Provided that any period spent in any service in which the civil servant receives his substantive pay from any source other than the revenues of the Province or the Federation shall not qualify him unless contribution towards leave salary has been paid to the Government on account of such period. 11. Leave to be expressed in days.---Leave shall be applied for, expressed and sanctioned to a civil servant by the competent authority, in terms of days. 12. Grant of Leave.---(1) On receipt of an application for grant of leave, the admissibility thereof shall, as far as possible, be assessed from the leave account maintained by the Office Concerned or the Accounts Officer, as the case may be, before the leave is granted. (2) Leave under these rules may be granted by the competent authority, Office or any Officer authorized by him to do so and where so required shall be notified. (3) Saturdays, Sundays, Restricted Holidays and other Holidays or the vacation may be prefixed as well as suffixed to any leave, subject to any limit of absence on leave prescribed under each category of leave. (4) In case where all the applications for leave cannot, in the interest of public service, be sanctioned simultaneously, the competent authority may consider as to how many applicants can, for the time being, be spared, and shall give priority to--- (a) the applicants who were last recalled compulsorily from leave; and (b) the applicants who were required to make adjustment in the timing of their leave on the last occasion to the instant time. 13. Kinds of Leave.---The following kinds of leave shall be admissible to the Civil Servants of the Province:- (a) Casual Leave (b) Quarantine Leave (c) Earned Leave on full average pay upto maximum of 120 days (d) Earned Leave on Half Average Pay (e) Vacation (only for academic staff) (f) Leave Not Due (g) Extra-ordinary Leave (EOL) without pay. (h) Study Leave (i) Special Leave to Female Civil Servants (a) Maternity Leave (b) On the eve of death of Husband (j) Paternity Leave (k) Hospital Leave (l) Disability Leave (m) Medical Leave (n) Special Leave to Khudddam-ul-Hajjaj (o) Leave Preparatory to Retirement on completion of 25 years qualifying Service or on attaining the age of 59 years of age. 14. Casual Leave.---Amount of Casual Leave admissible during a calendar year and the maximum at a time.---(1) Casual leave may be granted to Civil Servants for short periods subject to the following conditions: (a) Casual leave should not ordinarily exceed 10 days at a time and 25 days during any one calendar year; (b) The sanctioning authority may, however, grant casual leave up to 15 days at a time in special circumstances. (c) It may be granted in conjunction with Saturday and Sunday or public holidays, but not with any other kind of leave or joining time. In case casual leave is combined with holidays the total period should not exceed 15 days at a time. The public holidays which are sandwiched between the casual leave shall be debited to the Casual Leave Account. (d) No Government servant may leave his headquarters during casual leave or holidays except with the permission of the sanctioning authority. (e) Subject to the delegation of powers mentioned in rule 49 of these rules which has been or may be made by the Government from time to time in this behalf, casual leave may be sanctioned to a Government servant by his immediate officer. (2) This rule may be relaxed at the discretion of the Head of Department in special circumstances in the case of officers as well as members of staff. 15. Quarantine Leave.---(1) Quarantine leave is in the nature of extra casual leave and a substitute shall normally not be employed during the absence of a civil servant on such leave: Provided that where the exigencies of service are compelling, the head of the office may employ a substitute for reasons to be recorded in writing. (2) A civil servant may be granted quarantine leave outside his leave account to the extent that his authorized medical attendant recommends and the period of such leave shall be treated as duty with full pay and allowances of the post held by him at the time of proceeding on leave. 16. Leave on full pay.---The maximum period of leave on full pay that may be granted at one time shall be as follows:- (a) Leave without Medical Certificate (debited from leave account).................................................... 120 days (b) Leave with medical certificate (not to be debited from leave account) plus..................................... 180 days (c) On Medical Certificate (debited from leave account) in entire service................................................... 365 days 17. Leave on Half Pay.---(1) Leave on full pay may, at the option of the civil servant, be converted into leave on half pay, the debit to the leave account will be at the rate of one day of the former for every two days of the latter, fraction of one-half counting as one full day's leave on full pay. (2) The request for conversion of leave referred to in sub-rule (1) shall be specified by the civil servant in his application for the grant of leave. (3) There shall be no limit on the grant of leave on half pay so long as it is available by conversion in the leave account. (4) In the event of leave on half pay the following emoluments shall be admissible to a Civil Servant:- (a) 50% of the Basic Pay which he was drawing just before proceedings on such leave; and (b) Full allowances which otherwise would have been admissible during leave on full pay. 18. Leave not due.---(1) Leave not due may be granted on full pay, to be offset against leave to be earned in future, for a maximum period of three hundred and sixty-five days in the entire period of service, subject to the condition that during the first five years of service it shall not exceed ninety days in all. (2) Such leave may be converted into leave on half pay. (3) Such leave shall be granted only when there are reasonable chances of the civil servant resuming duty on the expiry of the leave. (4) Such leave shall be granted sparingly and to the satisfaction of the sanctioning authority but it shall not be admissible to temporary civil servants. 19. Extraordinary leave (leave without pay).---(1) Extraordinary Leave shall always be without leave salary and may be granted when no other kind of leave is admissible, or when other leave being admissible, the civil servant concerned has specifically applied in writing for the grant of Extraordinary Leave. (2) The period of Extraordinary Leave shall not count for calculating length of service and increments. The Extra Ordinary Leave (WOP) shall not be converted into any other kind of leave retrospectively. (3) Extraordinary leave without pay may be granted on any ground upto a maximum period of five years at a time; Provided that the civil servant to whom such leave is granted has been in continuous service for a period of not less than ten years, and, in case a civil servant has not completed ten years of continuous service, extraordinary leave without pay for a maximum period of two years may be granted at the discretion of the Head of his Department or Leave Sanctioning Authority; Provided that the maximum period of five years shall be reduced by the period of leave on full pay or half pay, if granted in combination with the extraordinary leave. (4) Extraordinary leave upto a maximum period prescribed under sub-rule (3) may be granted, subject to the conditions stated therein, irrespective of the fact whether a civil servant is a permanent or a temporary employee. (5) Extraordinary leave may be granted retrospectively in lieu of absence without leave. (6) The seniority of the civil servant during/after availing Extra Ordinary Leave without pay shall not be affected and shall retain their inter se seniority. However, the period of extra ordinary leave without pay shall not be counted towards the prescribed length of service for promotion or reckoned as service qualifying for pension. 20. Study Leave.---(1) Study leave may be granted as additional leave to the Civil Servants without debiting from his leave account for the study of scientific, technical or similar subjects, or in order to undertake special courses of instructions. (2) Study Leave shall be granted with due regard to the exigencies of the public service; Provided that study leave for only those courses be encouraged which may help in increasing the capacity of the officers/officials in the performance of their duty/functions on the post to which they are appointed/promoted or require to perform a specific function of technical nature. (3) These rules are not intended to meet the cases of Civil Servants deputed to other countries at the instance of Government, either for the performance of special duties imposed on them or for the investigation of specific problems connected with their technical duties. (4) The rules shall apply to the Departments of Health, Forest and Wildlife, Agriculture, Education, Communication, Works, Housing and Physical Planning, Industries and Commerce, Mines and Mineral Development, Irrigation, Energy, Livestock and Dairy Development, Environment, Planning and Development Department, Law and Parliamentary Affairs Department, Labour and Manpower Department and Services and General Administration Department. (5) The rules may be extended by the authorities empowered to sanction study leave to any Civil Servant, including Civil Servant of a Federal Service, not belonging to any of the departments mentioned above, in whose case if the sanctioning authority is of the opinion that leave should be granted in the public interest to pursue a special course of study or investigation of scientific or technical nature. (6) Study leave should not ordinarily be granted to Civil Servants who have less than five years' service. Such leave shall not be granted to Civil Servants within three years of the date of superannuation or the date of which they have the option of retiring. (7) Study leave may be granted on full pay and allowance (except conveyance allowance) in case of M.S/M.Phil, Masters Level Degree or Post Graduate Degree and M.S/M.Phil leading to Ph.D. (8) Study leave is granted:- (a) for a maximum period of 24 months or course period, whichever is less, duly verified by the concerned University, for doing M.S/M.Phil and Master level Degree or Post Graduate Degree. No extension in prescribed period of study leave is permissible. (b) for a maximum period of 48 months or course period, whichever is less, duly verified by the concerned university, for doing Ph.D. No extension in prescribed period of study leave is permissible. (c) When a Civil servant has been granted a definite period of study leave and finds subsequently that his course of study will fall short of the sanctioned period to any considerable extent Extraordinary leave may be taken in conjunction with study leave without regard to the maximum prescribed above on the recommendations of the concerned University. (d) A Civil Servant whose study leave is combined with any other kind of leave should be required to take his period of study leave at such a time as to retain at its conclusion, a balance of other previously sanctioned leave sufficient to cover the period spent in returning to duty. (9) Study leave shall only be granted to the civil servant who furnishes a surety bound on an affidavit of Rs.1000/- attested and duly assured by the guarantor for repayment of amount equivalent to the expenditure incurred upon his studies or the salaries to be drawn during the intended studies or both, that after completion of the intended higher qualification, the civil servant concerned will serve the Government of Balochistan for a period not less than four years; Provided that civil servant who gets retired prior to completion of the four years mandatory service after acquiring the higher qualification, the period remaining shall be recoverable as monthly pay (with pay and allowances) along with expenditures incurred for the remaining period, from the pension and gratuity or returning the amount of the salary drawn and expenditures incurred for the period in question. (10) In case a civil servant, to whom study leave was granted on full pay for higher studies, fails to complete the studies well in time, then the remaining period (not exceeding a period of 12 months in any case) will be treated as earned leave as per the availability of leave on his/her leave account with full pay. If less leave is available on leave account of civil servant concerned then the remaining period shall be treated as Extra Ordinary Leave (without pay and allowances); (11) In case a civil servant to whom study leave was granted on full pay for higher studies, fails to get the intended qualifications or leaves the desired course incomplete then, the period spent shall be treated as Extra Ordinary Leave (without pay and allowances) and the salaries of the period spent and the expenditures incurred shall be recoverable from his/her pay, pension and gratuity. Furthermore, such civil servant shall not be eligible for promotion, grant of time scale or any other benefit associated with the benefit of higher qualification (no such study leave shall be granted to those civil servants who have attained the age of 55 years or more). Provided that the promotion or grant of time scale or any other benefit associated with the benefit of higher qualification shall be ceased for a period corresponding to the length of the course joined and such period shall not be counted for any financial benefit as referred hereinabove, after such ceased period the such benefits may be allowed. (12) The policy governing scholarship and the terms and conditions regarding M.S/M.Phil and Ph.D of various departments, if not repugnant to this policy, shall remain intact; (13) The period of study leave shall be treated as on duty and a post of OSD, for entire period of studies, shall be created thereof for the salary of the officer concerned at his/her place of posting; (14) Study leave shall be claimable, not exceeding 48 months, by every civil servant in entire service. (15) Study leave will count as service for promotion and pension, but not for earning of earned leave. It will not affect any leave which may already be due to a Civil servant; it will count as extra leave on half average pay but will not be taken into account in reckoning the leave on half average pay taken by the Civil servant towards the maximum period admissible under the Leave Rules. (16) On an application for study leave outside Pakistan being sanctioned by the competent authority, it shall inform the Embassy of Pakistan of the particulars of the case. It will be necessary for each Civil Servant concerned to place himself in communication with the Embassy, who will arrange any details and issue any letters of introduction that may be required. (17) Civil Servants granted study leave are ordinarily required to meet the cost of fees paid for courses of study. (18) The powers granted by these Rules to the Chief Minister may be delegated to any other authority subject to any condition they may think fit to impose. 21. Maternity Leave.---(1) A female civil servant may, for the maximum period of ninety days, be granted maternity leave with full pay outside her leave account, at any time, immediately before or after the birth of a child and she shall not be required to provide fitness certificate for purposes of joining duties after such leave. (2) Such leave may not be granted for more than three times in the entire service of a female civil servant except in the case of a female civil servant employed in a vacation department who may be granted maternity leave without this restriction. (3) For confinements beyond the third one, the female civil servant (in a non-vacation department) would have to take leave from her normal leave account. (4) The spells of maternity leave availed of prior to the coming into force of these rules shall be deemed to have been taken under these rules. (5) Maternity leave may be granted in continuation of, or in combination with, any other kind of leave including extraordinary leave as may be due and admissible to a female civil servant. (6) Leave salary to be paid during maternity leave shall be regulated as for other leave, in accordance with the existing instructions of the Government. (7) The leave salary to be paid during maternity leave will, therefore, remain unaffected even if an increment accrues during such leave and the effect of such an increment will be given after the expiry of maternity leave, in the event of resumption of duty by such female civil servant. 22. Special leave to Female Civil Servant on the death of Husband.---(1) A female civil servant, on the death of her husband, shall be granted special leave on full pay, when applied for a period not exceeding one hundred and thirty days. (2) Such leave shall not be debited to her leave account. (3) Such leave shall commence from the date of death of her husband and for this purpose she will have to produce death certificate issued by the competent authority either along with her application for special leave or, if that is not possible, the said certificate may be furnished to the leave sanctioning authority separately. 23. Paternity Leave.---To a male civil servant for a maximum period of ten (10) days, paternity leave shall be granted on full pay outside his leave account on or immediately before the birth of his child: Provided that such leave shall be admissible only for two times during the entire service. 24. Hospital Leave.---(1) Hospital Leave is admissible to the Civil Servants whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and the like or performance of hazardous tasks. (2) Hospital Leave may be granted to the Civil Servants under medical treatment for illness or injury, if such illness or injury is directly due to risks incurred in the course of his official duty. (3) The staff eligible for Hospital Leave will be entitled to such leave without any restriction on the quantum of leave and the leave can be granted for such period as is considered necessary by the authority competent to grant it. (4) Hospital Leave is not debited against the leave account and may be combined with any other leave, which may be admissible, provided that the total period of leave after such combination shall not exceed 28 months. 25. Disability Leave.---(1) Disability leave shall be granted, outside the leave account on each occasion, up to a maximum of seven hundred and twenty (720) days on such medical advice of well qualified Medical Practitioner as the Head of Office may considers necessary, to a civil servant, other than a civil servant in part-time service, etc., disabled by injury, ailment or disease contracted in course or in consequence of duty or official position. (2) The leave salary during disability leave shall be equal to full pay. 26. Medical Leave.---Medical Leave shall not be refused and shall be granted to a civil servant for the period as provided in rule 16. When a civil servant submits a medical certificate {Form-II} for the grant of leave, it shall be, by an authorized/qualified medical practitioner in the Form attached to these rules: Provided that the authority competent to sanction leave may, at its discretion, secure a second medical opinion by requesting the Civil Surgeon/Physician or Medical Board, as the case may be, to have the applicant medically examined. 27. Grant of Special Leave to Khuddam-ul-Hajjaj and Hajj Seasonal Staff Duty.---'Khuddam-ul-Hajjaj', (servants of the pilgrims) and Hajj Seasonal Staff Duty who remain away from their respective duties to work as khuddam, (servants) may be granted special leave on full pay for that period as may be specified by the Government of Pakistan outside their leave account. 28. Leave on abolition of post.---(1) When a post is abolished, leave due to the civil servant, whose services are terminated in consequence thereof, shall be granted without regard to the availability of a post for the period of leave. (2) The grant of leave in such cases shall, so long as such civil servant does not attain the age of superannuation, be deemed automatically to have also extended the duration of the post and the tenure of its incumbent. 29. Leave earned by civil servant employed in non-continuous establishment.---(1) A civil servant employed in a non-continuous establishment may be granted only earned leave and disability leave as admissible to, and subject to the conditions laid down for, a civil servant employed in a continuous establishment and no other kind of leave shall be admissible to such civil servant. (2) A civil servant who is transferred from a non-continuous establishment to a continuous establishment and vice versa shall carry forward the balance of earned leave at his credit on the date of his transfer. Explanation.---In this rule, "non-continuous establishment" means an establishment which does not function throughout the year and "continuous establishment" means an establishment which functions throughout the year. 30. Leave Ex. Pakistan.---Any kind of leave as admissible under these rules may also be granted as leave Ex-Pakistan to a civil servant who applies for such leave or who proceeds abroad during leave, or while posted abroad or is otherwise on duty abroad and makes a specific request to that effect. 31. Any type of leave may be applied.---Except otherwise stated, a Civil Servant may submit an application in [Form I] for leave or for an extension of leave to the Competent Authority through proper channel/head of office where a civil servant is employed and, in the case of the head of office, to the next above administrative authority. A civil servant may apply for the type of leave which is due and admissible to him and it shall not be refused on the ground that another type of leave should be taken in the particular circumstances, for example, a civil servant may apply for extraordinary leave or leave on half pay even if leave on full pay is otherwise due and admissible to him, or he may, proceed on extraordinary leave followed by leave on half pay and full pay rather than that on full pay, half pay, and without pay. 32. Reasons need not be specified, etc.---It shall not be necessary to specify the reasons for which earned leave has been applied, so long as that leave is due and admissible to a civil servant. 33. Combination of leave.---Except as otherwise provided any kind of leave under these provisions may be granted in combination with or in continuation of any other kind of leave, subject to any limits prescribed in such cases. But the Casual Leave and Leave Preparatory to Retirement (LPR) shall not be combined with any other kind of leave. 34. Conversion of one kind of leave into another kind.---(1) Leave sanctioning authority has no powers to change the nature of leave applied. Thus option once exercised by the Civil Servant is considered as final. (2) Leave of any kind taken earlier and has not been availed can be converted into leave of any other kind at a later date on an application within 30 days of sanction of leave subject to availability of leave at the credit of the Civil Servant. 35. Commencement and termination of leave.---Leave ordinarily begins from any date or dates mentioned in the orders granting any type of leave, shall commence from the day following the day on which the civil servant hands over to leave charge of the post held by such civil servant, and end on the day preceding the day on which such civil servant, resumes duty. Provided that leave sanctioned from the date of availing must be availed within 30-days of issuance of order failing which the leave will be automatically stand cancelled. 36. Manner of handing over charge when proceeding on leave, etc.--(1) A civil servant proceeding on leave (period should be specified) shall hand over the charge of his post, and if he is in BPS-16 and above, he shall, while handing over charge of the post sign the charge relinquishment report. (2) If leave ex-Pakistan has been sanctioned on medical grounds, the civil servants shall take abroad with him a copy of the medical statement of his case. 37. Recall from leave, etc.---(1) If a civil servant is re-called to duty compulsorily with the personal approval of the head of his office from leave (except Medical or Disability Leave) that he is spending away from his headquarters, he may be granted a single return fare plus Daily Allowance as admissible on tour from the station where he is spending his leave to the place where he is required to report for duty. (2) In case, the civil servant is re-called to duty at headquarters and his remaining leave is cancelled, the fare then admissible shall be for one-way journey only. (3) If the return from leave is optional, the civil servant is entitled to no concession. 38. Accepting any service or employment while on leave.---A civil servant while on leave shall not take any service or accept any employment without obtaining the prior permission of the Chief Minister: Provided that a civil servant who has been granted permission to take any service or accept any employment during leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and from returning to duty. 39. Civil servant on leave not to join duty without permission before its expiry.---Unless he is permitted to do so by the authority which sanctioned his leave, a civil servant on leave may not return to duty before the expiry of the period of leave granted to him. 40. Report of return from leave.---(1) A Civil Servant Government servant, on return from leave shall report for duty to the authority that sanctioned his leave. A Government servant returning from leave is not entitled, in the absence of specified 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. (2) A civil servant who returns on duty after availing Medical Leave, the leave sanctioning authority may ask for producing a Medical Certificate of fitness in {Form-II A} attached with these rules. 41. Penalty for absence on unsanctioned leave.---(1) Unless, the leave of a civil servant is extended by the Competent Authority, a civil servant who remains absent after the end of his leave shall not be entitled to any remuneration for the period of such absence, and without prejudice to any disciplinary action that may be taken against him, double the period of such absence shall be debited against his leave account. Provided that penalty for late coming of a single day without prior intimation/justification shall be considered as unauthorized leave. Provided further that one day salary shall be deducted on account of unauthorized leave. Provided further that if a civil servant fails to report for duty after availing leave, and remains absent for more than 30-days, his salary shall be stopped. (2) Such debit shall, if there is insufficient credit in the leave account, be adjusted against future earning. 42. Leave Preparatory to Retirement.---(1) On completion of 25 years qualifying service, a civil servant seeks voluntary retirement, may be granted leave preparatory to retirement which shall be not more than three hundred and sixty-five (365) days. (2) Such leave may be taken, subject to availability, either on full pay or partly on full pay and partly on half pay, or entirely on half pay, at the discretion of the civil servant subject to availability of leave at his credit. In other words leave preparatory to retirement shall in no case exceed 365 days and it will not extend beyond the age of superannuation. 43. Pay during leave.---(1) Leave pay admissible during leave on full pay shall be the greater of:- (a) the average monthly pay earned during the twelve complete months immediately preceding the month in which the leave begins; and (b) the rate equal to the rate of pay drawn on the day immediately before the beginning of the leave. (2) When leave on half pay is taken, the amounts calculated under clauses (a) and (b) of sub-rule (1) shall be halved to determine the greater of the two rates. (3) A civil servant shall be entitled to the leave pay at the revised rate of pay if a general revision in pay of civil servants takes place or an annual increment occurs during the period of leave of the civil servant. The leave period also includes the period of Leave Preparatory to Retirement (LPR). 44. In-service death, etc.---(1) In case a civil servant dies or is declared permanently incapacitated for further service by a recognized Medical Board, while in service, a lump-sum payment equal to "Leave Pay" upto three hundred and sixty five days (365) out of the leave at his credit shall be made to him or his family as defined for the purposes of family pension or, as the case may be, to the civil servant, regardless of his length of service, as the condition of having at least 26 years qualifying service for the benefit of encashment of LPR is applicable in case of voluntary/premature retirement. (2) For the purpose of lump-sum payment under sub-rule (1), only the "Senior Post Allowance" will be included in the "Leave Pay" so admissible. 45. Encashment of refused leave preparatory to retirement.---(1) If in case of retirement on superannuation or voluntary retirement on completion of twenty six years qualifying service a civil servant cannot for reasons of public service, be granted leave preparatory to retirement duly applied for in sufficient time, he will in lieu thereof be granted lump-sum leave pay for the leave refused to him subject to a maximum of three hundred and sixty five days leave on full pay. (2) Such leave can be refused partly and sanctioned partly but the cash compensation shall be admissible for the actual period of such leave so refused not exceeding three hundred and sixty five days. (3) The payment of leave pay in lieu of such refused leave may be made to the civil servant either in lump-sum at the time of retirement or may, at his option, be drawn by him month-wise for the period of leave so refused. (4) For the purpose of lump-sum payment in lieu of such leave, only the "Senior Post Allowance" will be included in "Leave Pay" so admissible. (5) In case a civil servant on leave preparatory to retirement dies before completing three hundred and sixty five days of such leave, his family shall be entitled to lump-sum payment equal to the period falling short of three hundred and sixty five days. 46. Power to refuse leave preparatory to retirement, etc.---(1) Ordinarily, leave preparatory to retirement on superannuation, shall not be refused. (2) All orders refusing leave preparatory to retirement to a civil servant and recalling a civil servant from leave preparatory to retirement shall be passed only by the authorities specified below:- S.No. Class of Civil Servants Competent Authorities (i) For civil servants of BPS-19 and above Chief Secretary (ii) For Civil Servants of BPS-18 and below Administrative Secretaries (3) The authorities specified in sub-rule (2) shall not delegate these powers to any other authority. (4) All proposals regarding refusal of such leave to an officer of BPS-19 and above shall be referred to the Chief Secretary, with detailed justification at least three months before an officer is due to proceed on such leave. 47. Encashment of leave preparatory to retirement.---(1) A civil servant may fifteen months before the date of superannuation or twenty six years qualifying service, at his option, be allowed to encash his leave preparatory to retirement if he undertakes in writing to perform duty in lieu of the whole period of three hundred and sixty-five days or lesser period which is due and admissible. Provided that a civil servant who does not exercise the option within the specified period shall be deemed to have opted for encashment of LPR. Provided further that a Civil Servant upon his retirement of attaining the age of superannuation is entitled for encashment of LPR, regardless of his length of service if other conditions fulfills, as the condition of having at least 26 years qualifying service for the benefit of encashment of LPR is applicable in case of voluntary/premature retirement. Provided further that a civil servant appointed or posted as Officer on Special Duty with or without an assignment of duty, shall be deemed to have performed duties in lieu of the period of LPR within the meaning of this rule. (2) In lieu of such leave, leave pay may be claimed for the actual period of such leave subject to a maximum of three hundred and sixty five days. (3) Encashment of leave preparatory to retirement (LPR) not exceeding three hundred and sixty five days shall, for the entire period of leave refused or opted for encashment, be applicable to a civil servant retired, provided such leave is available at his credit subject to a maximum of three hundred and sixty five days. (4) The encashment of LPR shall also be applicable to employees of the autonomous and semi-autonomous bodies under Administrative control of the Provincial Government which have adopted basic pay scales scheme and these rules in toto. (5) If at any time during such period, leave is granted on account of ill health supported by medical certificate or for performance of Hajj and Umrah (for Muslims) and visit of holy/sacred places for minorities (non-muslim) the amount of cash compensation on account of leave pay shall be reduced by an amount equal to the leave pay for the period of leave so granted. (6) The civil servant shall submit the option to the authority competent to sanction leave preparatory to retirement, who shall accept the option and issue formal sanction for the payment of cash compensation. (7) For the purpose of payment in lieu of such leave.- (a) the rate of pay shall be the rate admissible at the time the leave pay is drawn, (b) the leave pay may be drawn at any time for the period for which duty has already been rendered; and (c) only the "Senior Post-Allowance" will be included in the leave pay as admissible. (8) Leave pay for the purpose of encashment of LPR shall be computed on the basis of pay and allowances reckonable towards pension as shown in the last pay certificate of a civil servant. 48. Withdrawal of request of LPR/Retirement After Sanction/ Notification.---(1) A Civil servant may with the approval of the next above/higher authority to the Competent Authority to sanction LPR, withdraw his option of voluntary retirement within the period of LPR. He may withdraw his option of voluntary retirement before retirement matures and after retirement, there is no option available to the Government servant for rejoining the duty. (2) A civil servant, who proceeded on 365 days LPR and after availing a part thereof, he rejoins his duty. In such cases, the period of leave availed by an individual be adjusted in the order of leave on full pay, leave on half pay and extraordinary leave (leave without pay). It is binding on a Civil servant to return any amount of leave pay received by him, in lieu of encashment of LPR for that period. (3) Later on, on attaining the age of superannuation, if he again opts for 365 days leave encashment in lieu of 365 days LPR, such option of a Civil servant may be treated as a fresh case and he will be allowed encashment of LPR in toto, subject to availability of leave in leave account. 49. The authority competent to sanction all kinds of leave in respect of various class of employees shall be as follows:- S. No. Kinds of leave Class of Employees in Basic Pay Scale Authority Authority for Revenue employees in Division and District 1 Sanction of Leave: 1.1 Grant of kind of leave:- (a) Casual Leave (b) Quarantine Leave (c) Paternity Leave as per sanctioned policy of the S&GAD Employees of all Basic Pay Scale Concerned immediate controlling officer of BPS-17 and above Concerned immediate controlling officer of BPS-17 and above 1.2 (a) Earned leave on fully pay (b) Earned leave on half pay (c) Medical Leave (d) Hospital Leave (e) Disability leave BPS-1 to BPS-15 Heads of Attached Department (Secretary S&GAD for Secretariat Employees). Deputy Comm-issioner (For Board of Revenue employee in District) and Commissioner (For Board of Revenue employees in Division) (f) Special leave to female civil servants (g) Extra Ordinary leave (leave without pay) as per sanctioned policy of the Finance Department. BPS-16 to BPS-20 (Except Heads of Attached Department in BPS-19 and above) Administrative Secretary ------ BPS-21 and above and Heads of Administrative Department in BPS-20 and above Chief Secretary ------ Heads of Attached Departments (BPS-19 and above) Secretary S&GAD ------ 1.3 Grant of kind of leave:- Ex-Pakistan Leave of any kind as mentioned at Serial Nos. 1.1 and 1.2 above (Subject to policy/any restriction imposed by the Government) BPS-1 to BPS-15 Heads of Attached Department Secretary S&GAD for Secretariat Employees) Commissioner (For Board of Revenue employees in District and Division) BPS-16 to BPS-20 (Except Heads of Attached Department in BPS-19 and above) Administrative Secretary ------ BPS-19 and above (Heads of Attached Departments) Secretary S&GAD ----- BPS-21 and above and Heads of Administrative Department in BPS-20 and above) Chief Secretary ------ 1.4 Grant of:- Ex-Pakistan Leave on full pay or half pay or without pay for: (a) Performance of Hajj and Umra for Muslims; (b) Visit of Minorities/non-Muslims for their Holy places; and (c) Special Leave for Khuddam-ul-Hajjaj and Hajj Seasonal Staff Duty. BPS-1 to BPS-15 Heads of Attached Department (Secretary S&GAD for Secretariat Employees) Commissioner (For Board of Revenue employees in District and Division) BPS-16 to BPS-20 Administrative Secretary ----- BPS-19 and above (Heads of Attached Departments) Secretary S&GAD ----- BPS-21 and above and Heads of Administrative Department) Chief Secretary ------ 1.5 Grant of:- Study Leave: (a) Within Country or (b) Foreign Country. as per sanctioned policy of Finance Department. BPS-19 and below Secretary S&GAD ------ BPS-20 and above Chief Secretary ------ 2 Grant of :- Leave Preparatory to Retirement (LPR) on:- Voluntary retirement on completion of 25 years qualifying service; as per sanctioned policy of the Finance Department. BPS-1 to BPS-15 Heads of Attached Department (Secretary S&GAD for Secretariat Employees) Deputy Commissioner (For Board of Revenue employees in District) and Commissioner (For Board of Revenue employees in Division BPS-16 to BPS-20 (Except Heads of Attached Department in BPS-19) Administrative Secretary ----- BPS-21 and above and Heads of Attached Department in BPS-19) Secretary S&GAD ------ 2.1 Leave En-cashment in lieu of Leave Preparatory to Retirement (LPR) on:- (a) Voluntary retirement on completion of 26 years qualifying service; (b) Retirement on attaining the age of superannuation (c) On death. as per sanctioned policy of the Finance Department. BPS-1 to BPS-15 Heads of Attached Department (Secretary S&GAD for Secretariat Employees) Deputy Commissioner (For Board of Revenue employees in District) and Commissioner (For Board of Revenue employees in Division BPS-16 to BPS-20 (Except Heads of Attached Department in BPS-19) Administrative Secretary ----- BPS-21 and above and Heads of Attached Depart-ment in BPS-19) Secretary S&GAD ----- 3 Recall from Leave as prescribed in rule 37. The respective Authorities Competent to sanction such kind of leave shall be competent to re-call the civil servants from leave. 4 Permission to join duty before the expiry of the period of leave granted to a civil servant. The respective Authorities Competent to sanction such kind of leave shall be the competent to cancel remaining unavailed leave of a civil servants before its expiry. Note:- The Administrative Secretaries shall exercise the delegated powers for the employees of their respective Attached Department only, whereas the Secretary S&GAD shall exercise powers as Administrative Secretary in respect of Secretariat Employees or any other employee posted against the Secretariat post as well as in the field. 50. Conferring of Powers on subordinate authorities.---On the recommendations of the Administrative Department, the Finance Department may by Notification confer Powers upon officers or authorities subordinate to the Administrative Department not mentioned in rule 49. 51. Relaxation of Rules.---The Chief Minister or Provincial Government may, in a case of hardship, relax all or any of the provision of these Rules: Provided that such relaxation shall not be less favourable to any benefit available to a Civil Servant under these Rules. 52. Repeal.---The Balochistan Province Civil Servants Leave Rules, 1981, are hereby repealed.