LEAVE RULES

1. SHORT TITLE AND COMMENCEMENT i) These rules may be called the "IRCON Employees Leave Rules, 1980. ii) They shall come into force with effect from 1st January 1980. But leave on average pay and leave on half average pay earned under previous sets of leave rules may be carried forward subject to the maximum limits laid down as leave on full pay and leave on half pay as defined in these rules. 2. EXTENT OF APPLICATION These rules shall apply to all permanent and temporary employees of the Company as defined in para 3(c) below, but shall not apply to a) those on casual employment; b) those engaged on contract on foreign service terms; and c) those who are on deputation from Indian Railway or other Central Government Departments. 3. DEFINITIONS In these rules, unless the context otherwise requires: a) "Company" means IRCON International Limited. b) "Sanctioning Authority" with reference to the exercise of any powers under these rules means the officer or the authority to whom such powers are delegated in accordance with the schedule of delegation of powers and/or any other order issued in general or in particular. c) "Employee" means a person appointed to any position in the Company and will include a person on probation, a deputationist permanently absorbed in the Company, and a re-employed person but shall not include Apprentices. d) "Authorised Medical Attendant" means a registered medical practitioner or a Medical Attendant as defined in the Company's Medical Attendance Rules. e) "Month" means the calendar month. f) "Leave Salary" will be regulated as under:

Updated upto 1.1.2012

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i) An employee on leave on full pay as well as one on commuted leave will be entitled to leave salary equal to pay drawn by him immediately before proceeding on leave. ii) An employee on Half pay leave and on 'leave not due will be entitled to leave salary equal to half the pay drawn by him immediately before proceeding on leave. iii) "Pay" means basic pay, deputation pay and special pay, if any. NOTE: The rate of deamess allowances will be based on the leave salary actually drawn for the purpose of monetary limits within which the allowances admissible and for calculation of the amount of the allowances. 4. GENERAL CONDITIONS FOR GRANT OF LEAVE i) ii) iii) iv) Leave cannot be claimed as a matter of right. UNAUTHORISED ABSENCE - Unauthorised absence from duty will render an employee liable to disciplinary action. An employee before proceeding on leave shall furnish in the application his address during the period of leave. Except in an emergency, application for leave for three days or less shall be made at least twenty-four hours prior to the time from which it is required. Applications for leave for more than three days shall be made at least seven days before the date from which the leave is required. EXTENSION OF LEAVE - An employee who desires to extend his leave shall apply to the sanctioning authority giving reasons for extension well in time so as to reach the sanctioning authority before the expiry of leave already granted. He shall not avail the same before it is sanctioned, except in case of an emergency. If the application for extension of leave is on the grounds of illness of the employee, it shall be accompanied by a Medical Certificate from Authorised Medical Attendant. An employee who has been sanctioned leave or an extension of leave on Medical grounds shall not resume duty unless he produces a 'FITNESS CERTIFICATE' from the Authorised Medical Attendant or higher medical authority as may be required by the leave sanctioning authority. RECALL FROM LEAVE - In case the company finds it necessary to recall an employee to duty before the expiry of sanctioned leave, it shall be obligatory for the employee to comply with the orders and report for duty. PREFIXING\SUFFIXJNG HOLIDAYS- Holidays (including restricted holidays) may be allowed to be prefixed and/or suffixed with leave.

v)

vi)

vii)

viii)

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ix) ABSENCE AFTER EXPIRY OF LEAVE - An employee who remains absent from duty without leave or permission, or in excess of period of leave originally sanctioned or subsequently extended will be liable for disciplinary action. Provided further that if the concerned employee proves to the satisfaction of the sanctioning authority that his absence was on account of sickness, or other valid reasons, that authority may, at his discretion regularise his absence into leave with or without pay. 5. GRANT OF LEAVE a) Any application for leave shall be made to the sanctioning authority in form I appended to these rules. b) Leave account shall be maintained for each employee in form II. c) No leave shall ordinarily be granted to an employee until report regarding its admissibility has been obtained from the authority maintaining the leave account. 6. 6.1 KIND OF LEAVE LEAVE ON FULL PAY: The leave Account of each employee will be credited with 30 days leave in a year. This will be done in advance in two instalments i.e. 15 days full pay leave will be credited on 1st January and 15 days on 1st July on the commencement of each calendar half year. During the half yearly period in which the employee is appointed, credit of leave on average pay will be @ 2-1/2 days per month of service and for this purpose half a month or more will be taken as one month. The credit of 15 days full pay leave thus afforded will be reduced by 1/l0th of the period of extraordinary leave availed during the previous half year subject to a maximum of 15 days. When affording credit of full pay leave or making a reduction from the credit by l/10th, fraction below half will be ignored and those of half or more will be reckoned as one day. Leave at the credit of the employee at the close of previous year shall be carried forward to the next half year subject to the leave so carried forward plus the credit for that half year not exceeding the maximum limit of 300 days. During the calendar half year in which an employee is due to retire or goes on LPR or resigns from service or is removed/dismissed from service or dies, recalculation will be made for crediting leave for that half year. This will be at the rate of 2-1/2 days per month and for this, half a month or more will be taken as one month.

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The maximum accumulation of full pay leave at credit will not exceed 300 days effective from 1.7.97 (earlier it was 240 days) and the maximum leave that can be granted at any one time will not exceed 120 days. 6.2 LEAVE ON HALF PAY i) Half pay leave account of every employee shall be credited with half pay leave in advance in two installments of 10 days each on the first day of January and July of every calendar year. ii) a) The leave shall be credited to the leave account @ 5/3 days for each completed calendar month of service which he is likely to render in the half year of the calendar year in which he is appointed. The credit for half year in which an employee is due to retire or resigns from service shall be allowed @ 5/3 days per completed calendar month upto the date of Retirement or resignation. When an employee is removed or dismissed from service or dies while in service, credit of half pay leave shall be allowed @ 5/3 days per completed calendar month upto the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service. Where a period of absence or suspension of an employee has been treated as dies-non in a half year, the credit to be afforded to his half pay leave account at the commencement of next half year shall be reduced by 1/18 of the period of 'dies non subject to a maximum of 10 days.

b)

c)

d)

iii) The leave under this Rule may be granted on medical certificate or on private affairs. iv) While affording credit of half pay leave, fraction of a day shall be rounded off to the nearest day. v) In case of employees appointed temporarily on contract/adhoc basis, no half pay leave shall be granted unless the competent authority has reasons to believe that the employee shall report to duty on expiry of the leave except in case of an employee who has been declared completely and permanently incapacitated for further service by a Medical Authority".

vi) Leave on half pay can be accumulated to any extent. vii) Maximum Leave on half pay that may be granted at one spell is 24 months. 7. LEAVE NOT DUE Save in the case of leave preparatory to retirement 'leave not due on half pay may be granted to a permanent employee of the company when no

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other leave is due to him, subject to a limit of 360 days during his entire period of service, out of which not more than 90 days at a time and 180 days in all may be granted otherwise than on a medical certificate from the Authorized Medical Attendant. Such leave shall be debited against half pay leave the employee may earn subsequently. TEMPORARY EMPLOYEES: 'Leave not due' may be granted to temporary employees also, who are suffering from T.B., Leprosy, Cancer or Mental illness, for period not exceeding 360 days during the entire service subject to the fulfillment of the following conditions:a) that the employee has put in at least one year's service; b) that the post from which the employee proceeds on leave is likely to last till his return to duty; c) that request for grant of leave is supported by a medical certificate; d) that the competent authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry and earning an equal amount of half average pay leave thereafter; and e) that "leave not due" shall be limited to the half average pay leave he is likely to earn thereafter and shall be debited against such half average pay leave. NOTE: "Leave not due" should be granted only when the sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on the expiry of the leave. In case any employee, who has been granted 'leave not due' resigns from service in order to take up another employment, the leave not due shall be cancelled, his resignation taking effect from the date on which the leave not due' originally commenced and the leave salary, if any, paid to him shall be recovered from his dues or from him direct. 8. EXTRAORDINAY LEAVE PERMANENT STAFF - Extraordinary leave i.e. leave "without leave salary" may be granted under special circumstances to a permanent employee of the Company when no other leave is admissible to him or her when an employee specifically applied for it for a period upto 5 years at a time. This 5 years limit will be inclusive of other leave, if any. TEMPORARY STAFF of the Company may be granted extraordinary leave as under: a) upto 3 months without production of medical certificate; b) upto 6 months with medical certificate for common ailments;

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c) upto 18 months on Medical certificate for Cancer, Mental illness, Pulmonary tuberculosis or pleurisy of Tubercular origin, Tuberculosis of any part of the body and leprosy. Provided that for grant of extraordinary leave as at (b) or (c) above, the employee should have put in a minimum of one year's continues service and for grant of leave under (c) above, the employee should produce a medical certificate from a Sanatorium, qualified T.B. specialist or Civil Surgeon, as the case may be. When an employee fails to resume duty on expiry of the maximum period of extraordinary leave as admissible under these rules unless the Managing Director of the Company in view of the exceptional circumstances of the case otherwise determines, he shall be deemed to have resigned from service. 9. COMMUTED LEAVE

i) a) When leave on half pay is converted into double the amount of such leave to draw full pay, the leave so converted is termed as 'Commuted Leave'. Such commutation shall be permitted on medical grounds only. b) Leave on half pay may be commuted to leave on full pay on medical certificate at the request of the employee even when he has leave on full pay at his credit. c) Commuted leave may not be granted unless the authority competent to sanction leave has reasons to believe that the employee will return to duty on its expiry. If the employee intends to retire after expiry of his leave, the commuted leave should be converted into half pay leave and the excess amount drawn as leave salary should be recovered. But if the retirement is compulsorily thrust upon him by reasons of ill health incapacitating him from further service, no recovery will be made. ii) COMMUTED LEAVE TO COVER AP PROVED COURSE OF STUDY - Leave on half pay upto a maximum of 180 days may be allowed to be commuted during entire service where such leave is utilised for an approved course of study i.e. a course which is certified to be in the Company's interest by the leave sanctioning authority. When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due. SPECIAL DISABILITY LEAVE Special Disability leave may be granted to an employee to the maximum extent of 24 months, who is disabled by injury accidentally inflicted or caused in or consequence of, the performance of his official duties or in consequence of his official position, subject to the following provisions:-

iii) 10.

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i) ii) iii) Leave on full pay and allowances upto 120 days and for the remaining period, leave salary equal to that admissible on half pay leave. The period of leave shall be such as is certified by the Authorized Medical Attendant. Such leave may be combined with any other kind of leave. NOTE 1. Special disability leave shall not be debited against the leave account. 2. In the case of persons covered by Workmen Compensation Act, 1923 the amount of leave salary payable under these rules shall be reduced by the amount of compensation payable under the said act. 3. Such leave shall not ordinarily be granted unless the disability manifested itself within three months of occurrence to which is attributed and the person disabled acted with promptitude. 11. QUARANTINE LEAVE Quarantine leave is leave of absence from duty necessitated by the presence of certain infectious diseases in the family or household of the employee. Such leave may be granted for a period of not exceeding 21 days or in exceptional circumstances 30 days based on a certificate from Authorized Medical Attendant (Public Health Officer of the Area where no authorized Medical Attendant is available). Any leave necessary in excess of this period as certified by AMA/Public health Officer of the particular area, shall be treated as leave of the type that may be due. Quarantine leave can also be granted in continuation of any other leave. An employee on quarantine leave will not be treated as absent from duty and his pay will not be affected. Cholera, Small-pox, plague, Diphtheria, Typhus fever, Cerebral-spinal meningitis or such other diseases as may have been declared to be infectious by the State Government within the area under its administration may be treated as infectious disease for which quarantine leave can be granted. When a Company servant is himself suffering from any infectious disease, he shall not be eligible for quarantine leave. 12. i) MATERNITY LEAVE 180 days Maternity leave on production of Medical certificate shall be admissible to a female employee with less than two surviving children.

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ii) iii) Another 2 years leave of the kind due to her can be sanctioned to her without production of medical certificate and debited to her account. In case of medical termination of pregnancy (MTP), miscarriage or abortion, leave is admissible on medical certificate from Authorised Medical Attendant. However, leave under this clause may not be granted more than twice during entire service and the period of leave will be limited to the period of actual hospitalization plus a maximum of seven days thereafter subject to certificate from Authorised Medical Attendant, but total leave on this account on each occasion shall not exceed eight weeks.

12A PATERNITY LEAVE (effective from 7.10.97)The male employee of the company with less than two surviving children may be granted Paternity leave for a period of 15 days during the confinement of his wife. During the period of such leave, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity leave shall not be debited against the leave account and may be combined with any other kind of leave (as in the case of Maternity Leave). It may not normally be refused under any circumstances.
Clarification:
(Authority : letter No. IRCON/CO/HRM/901/28(V PC)/525 dated 10.5.99.

it is clarified that Paternity Leave may be allowed to IRCON male employees in case leave is applied for and availed of, at least, partly, within a period of 135 days of child birth. The leave should either be fully or at least commence within 135 days of child birth. The paternity leave can commence prior to child birth so long as the date of birth of child falls during the period of such leave. Paternity leave, like maternity leave, may be sanctioned only in a single spell.

13.

CASUAL LEAVE Casual leave may be granted to an employee upto 12 days in a Calendar year subject to exigencies of the Company work. This is non-commutative and shall not be combined with any other kind of leave. Such leave shall be treated as duty for the purpose of drawal of pay. Casual leave may be granted prefixing and suffixing holiday(s) / Sunday(s). The Sunday and holidays falling during a period of Casual leave will not be treated as part of leave. NOTE: Casual leave may be granted for half day also. If casual leave for half day is taken, the lunch interval shall be taken as a dividing line.

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SPECIAL CASUAL LEAVE Special Casual leave may be sanctioned as per executive orders issued from time to time by the Managing Director. Such leave, if sanctioned, will not be debited to the leave account.

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15. i) ii) iii) iv) ENCASHMENT OF LEAVE: Only Earned Leave (Leave on Full Pay) and Leave on Half Pay would be allowed to be encashed and not any other kind of leave. Cash equivalent to be paid for the encashed leave would be restricted to pay and dearness allowance and should not include any other allowance. The payment made towards encashment would not be reckoned for any other purpose like gratuity, provident fund, bonus etc. Encashment of Earned Leave: a) The EL account of all employees would be maintained in two sections Encashable leave account, and Non-encashable leave account b) Fifty per cent of the accrued EL will be credited to the encashable leave account and 50% to the non-encashable leave account. Similarly, the EL earned in future, from time to time, will also be divided into two parts and credited to the two accounts in the ratio of 50:50. c) Any part or whole of the encashable leave can be availed of as leave and it is not necessary that it should be encashed. d) For encashing EL from the encashable leave account, an employee will have to actually avail himself of an equal amount of E.L. However, this requirement of actual availing of E.L. would be subject to a ceiling of 30 days. The requirement of actually availing a matching period of leave could be relaxed if the full amount of E.L. required to be taken as per the scheme is not granted by the management on account of exigencies of work. e) The ceiling on accumulation of encashable EL would be 50% of the ceiling of total accumulation of E.L. f) An employee who resigns or quits service may be allowed 50% of encashment of non-encashable earned leave on full pay to his / her credit on the date of cessation of service. g) The following may be permitted to encash the entire full pay leave of credit An employee who retires on superannuation or after a period of extension, The family of an employee who dies while in service.

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v) Encashment of Leave on Half Pay Encashment of Leave on Half Pay (LHP) may be allowed to employees retiring on superannuation or in cases of death while in service, subject to an overall ceiling of 240 days leave on half pay i.e. 120 days on full pay. Note -1 An employee who is dismissed, removed from service or compulsorily retired, on disciplinary grounds, will not be eligible for encashment of leave. Note-2 No deductions other than Income-tax will be made from the amount payable to a serving employee if the encashment is for a period of less than 30 days. If the encashment is for 30 days or more, monthly installments of repayment of advances and other dues shall be recovered at the rate of one installment for each period of 30 days. In cases of retirement / retrenchment or death, Companys dues shall be recoverable from the amount of encashment.

Note-3 The existing leave on full pay at the credit of the employees should be credited to the encashable and non-encashable accounts for each calendar year after taking into account the amount of encashment of leave availed in each year.
Clarification :
(Authority: Letter No. IRCON/CO/HRM/901/3091 dated 18.7.96).

Sub: Leave encashment. .. Whenever, an employee avails of earned leave, it should first be debited from his non-encashable account and debit from encashable account should be made only after the leave in the non-encashable account is exhausted. It is also clarified that accumulation of earned leave in encashable account need not be restricted to 120 days i.e. (50% of 240 days permissible) depending upon the actual leave encashment availed by the employees. However, total earned leave both in non-encashable and encashable accounts of an employee, at no point of time, should exceed 240 days.

16.

PAYMENT OF ADVANCE OF LEAVE SALARY An employee who proceeds on leave for a period not less than 30 days may be allowed an advance in lieu of leave salary upto a month's pay restricted to the net amount of leave salary for the first month of leave, after deductions on account of Income Tax, Provident Fund, House Rent, Repayment of Advances, etc.

17.

INTERPRETATION Where any doubt arises as to the interpretation of these rules, it shall be referred to the Managing Director whose decision shall be final.

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18. AMENDMENTS The Board of Directors may amend, modify or add to these rules, from time to time, and all such amendments, modifications or additions shall take effect from the date stated therein.
Clarification 1:
(Authority: M.D.s decision dated 9.12.88)

Sub:

Take over liability of earned leave for absorbed employees.

Any deputationists who is absorbed / employee on immediate absorption in IRCON would be eligible for transfer of LAP to his credit in IRCON upto 25% of leave on depositing the proportionate amount with IRCON out of the total amount received on account of leave encashment from his parent department. However, if any employee desire to encash his entire leave encashment amount and do not want to transfer LAP to IRCON, Company will not have any objection. Clarification 2:
(Authority: Corporate office letter No. IRCON / Estt / PC-15 / 1761 dated 24.8.92.

Sub: Maintenance of leave account. It has come to notice that in a case where a Railway employee was permanently absorbed in the Company after resignation from the Railway service, the leave on half average pay (LHAP) left at his credit at the time of resignation from Railway service, was credited to his LHAP account in IRCON. Under the Rules, LHAP left to the credit of an employee after resignation from parent organisation service lapses and benefit of this leave is not allowed to the employee in any form on his absorption in public Sector Undertakings. Clarification 3:
(Authority: Corporate Office letter No. IRCON/ESTT/LE/1732 dated 1.6.95.

Sub: Availing of Holidays and Sundays by Supervisors, Engineers & Managers. The office circular No. IRCON/Estt/LE1/1461 dated 19.8.94 contains the guidelines for availing three national holidays falling on 26th January, 15th August and 2nd October and any 6 holidays as notified by the Project Heads depending upon the local conditions. A doubt has, however, been raised whether the Officers, Engineers, Managers and Supervisors are also required to avail these holidays. It is clarified that Engineers, Managers and Supervisors may be required to be present at the work site whenever there is need and in case they have been asked to be present at the work site in the exigency of the work, the question of any compensatory rest in lieu of working on holidays does not arise. They may, however, avail these holidays and Sundays for the purpose of prefixing and suffixing or combining with their leave as per rules.

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FORM-1 (See Rule 5(a)) IRCON INTERNATIONAL LIMITED (Head Office / Project___________) APPLICATION FOR LEAVE 1. Name of applicant 2. Post held 3. Department & Section 4. (a) Nature of leave (b) Period (c) Purpose 5. Sundays / Holidays to be 6. Whether intends to avail: LTC 7. Leave Address : : : : : : : Prefixed / suffixed : If so, Block Year. : ___ days. From _______ to________

8. In the event of my resignation or voluntary retirement from service, 1 undertake to refund such amount as under the leave rules in force may be refundable. Signature of applicant Dated: Recommendations of the Superior Officer Designation CERTIFICATE REGARDING ADMISSIBILITY OF LEAVE Certified that LAP / Commuted Leave / LHAP for_____ days from ____ to _____ is admissible under the rules. Signature: Designation: *10 Orders of the authority competent to grant leave. Signature: Designation: Date: *If the applicant is drawing any compensatory allowance, it would also be indicated in the orders whether on expiry of the leave, the employee is likely to return to the same post or to another post carrying similar allowance.

FORM II IRCON INTERNATIONAL LIMITED (A Government of India Undertaking) LEAVE Name of Employee : ____________________________ ACCOUNT Employee Code __________________ Status:__________________

Designation: __________________

Date of Appointment: ____________

Date of Superannuation: ________________

* Leave not due, Extra-ordinary Leave Without Pay, Special Disability Leave, Quarantine Leave; Maternity Leave; Paternity Leave, etc.

Opening Balance

Dates on which leave availed Half Year From To Total

Double debit, if commuted

Leave on Average Pay (LAP) / Earned Leave (EL) Credit Debit Balance Encashable Encashable Nonencashable Nonencashable Encashable Nonencashable

Leave on Half Average Pay (LHAP)

Other kinds of leave* No. of days

Initials of

Remarks

Total

Balance

Nature of Leave

Updated upto 1.1.2012

Officer

Credit

Debit

Clerk