Chapter-11 Provisions Relating to Leave

Chapter-11 Provisions Relating to Leave

Chapter-11
Provisions Relating to Leave

101. Armed Police deemed to be on duty all times:

(1) The Armed Police shall be deemed to be on duty at all times, and he or she may be
deputed to work at any time.
(2) The Armed Police shall be entitled to avail the leaves as are  mentioned in this Chapter. Provided, however, that the Armed Police shall not claim the leaves as their right.
(3) Any Armed Police shall not avail other leaves, generally, during the period of training and deputation to special action, except the leave on public holidays, maternity leave and obsequies leave.
(4) If any Armed Police is held to have taking the sick leave, obsequies leave, maternity leave by showing false details, he or she shall be subject to departmental punishment pursuant to These Rules.

102. Casual and festival leave: (1) Every Armed Police shall be entitled to a total of Twelve days leave with full salary i.e. Six days as casual leave and Six days as festival leave each year.
(2) The casual leave and festival leave of One year shall not be allowed to accumulate and be taken in the following year.

103. Home leave: (1) Every Armed Police shall be entitled to get home  leave with full salary at the rate of one day for every Twelve working days

.
Explanation: For the purpose of this Sub-rule, working period means and includes casual leave, festival leave, sick leave, maternity leave, obsequies leave taken during such period and public holidays during such period.
(2) The Armed Police may accumulate the home leave earned by him or her for up to One Hundred and Eighty days.
(3) In cases where any Armed Police is detached from the service due to any reason, such an Armed Police shall be entitled to get a lump sum amount against his or her accumulated home leave at the rate of the salary being drawn by him or her in the post in which he or she has lien.
(4) In cases where any Armed Police dies before receiving the amount payable in lieu of the accumulated home leave, his or her near relative shall be entitled to receive the amount payable against such accumulated home leave.
(5) An Armed Police who is on the home leave, study leave or subject to suspension shall not be entitled to get the home leave during that period.
(6) An Armed Police, who has finished own accumulated home leave, suffers any big loss in his or her movable or immovable property or suffers himself or the member of his family from any act of God or  suffers with other sufficient reason, may be given the home leave up to Thirty days in advance subject to deduction the same from the home leave to be received by such Police in the year to come.
(7) If any Armed Police, who has finished own accumulated home leave and sick leave becomes sick for a long time, he or she may obtain the home leave for up to Thirty days in maximum in advance, subject to deduction of the same from the home leave to be received in the year to come.

(8) While going home once a year on the home leave of at least Seven days and returning to office from home after completing the home leave, an Armed Police shall get a time for journey, at the rate of one day for every eight Kosh (Sixteen miles) if he or she travels on foot, and in the case of travel by vehicle, train or aero-plane, as many days as
required to complete such journey.

104. Sick leave: (1) An Armed Police shall be entitled to get a fully paid sick leave of Twelve days in each year.
(2) In cases where an Armed Police falls seriously ill and the accumulated sick leave is insufficient, an advance sick leave of a maximum of Twelve days may be granted to him or her.
(3) An Armed Police requesting for the sick leave for a period of more than Seven days shall have to submit a certificate issued by a recognized doctor.
Provided that, in cases where the authority empowered to grant leave believes that submission of such a certificate was not generally possible, he or she may sanction that leave even without certificate, by  having recorded the matter accordingly.
(4) The Armed Police shall be entitled to get accumulated the sick leave earned by him or her.
(5) In cases where any Armed Police is detached from the service due to any reason, such a Police shall be entitled to get a lump sum amount against his or her accumulated sick leave at the rate of the salary  being drawn by him or her in the post in which he or she has lien.
(6) In cases where any Armed Police dies before receiving the amount payable in lieu of the accumulated sick leave, the person as referred to in Sub-rule (5) of Rule 56 shall be entitled to receive a lump sum of the amount payable against such accumulated sick leave.
(7) If an Armed Police suffers from a serious disease, and the leave is insufficient even after making deduction from the advance home leave to which he or she is entitled pursuant to Sub-rule (7) of Rule 103, he or she may obtain a special sick leave for a maximum of One year.
(8) The Armed Police who has taken the extra-ordinary sick leave pursuant to Sub-rule (7) continuously shall receive full salary and allowance for the first Three months and thereafter, he or she shall receive half of the salary and allowance for Six months. Thereafter he or she shall not receive any salary and allowance.
(9) If any Armed Police is held to be unable to perform his or her duties even after having on extra-ordinary sick leave for One year continuously pursuant to Sub-rule (7), such Armed Police shall be removed from the service.
(10) Any Armed Police who becomes sick or sustained injury in the course of performing his or her duty may get extra-ordinary sick leave with full salary until the recovery of such sick or injury. If the Armed Police is held not eligible to perform his or her duty even after the recovery of such sick or injury, such Armed Police shall be removed
from the service.
(11) While living in governmental or other hospital recognized by the government upon being sick or sustaining injury in the course of performing the duty, every Armed Police shall be deemed to be a hospital patient until the recovery of such sick or recovery and he or she  shall receive full salary and allowance for such period. If the Armed
Police is held not eligible to perform his or her duty even after the recovery of such sick or injury, such Armed Police shall be removed from the service.
(12) If any report has been submitted referring the sickness of any Armed Police, a physician may be deputed to inspect whether or not such Police is sick.
(13) It is prohibited to depute any sick Armed Police to any government duty to unless the Physician deputed pursuant to Sub-rule (12) declares that the said personnel can do his duty.

105. Maternity leave: (1) If any female Armed Police becomes pregnant, she shall be entitled to get Sixty days of maternity leave with full salary before or after the delivery.
(2) Maternity leave shall be given only for Two times during the entire period of service.
(3) The concerned office shall maintain up-to-date records of the maternity leave.

106. Obsequies leave: If any Armed Police has to observe obsequies as per ritual practices shall be entitled to get obsequies leave of Fifteen days with full salary. A female Armed Police shall also be given same days of
obsequies leave if her husband has to observe obsequies.

107. Replacement leave: The concerned chief of office may give replacement leave to the Armed Police performing government work on any public holiday, making adjustment with one another. Provided that, such replacement leave shall not exceed Seven days at One time.

108. Study leave:

(1) An Armed Police who is to go to pursue study, upon being selected in the open competition or inter-departmental
competition by obtaining approval of the concerned departmental head or upon being nominated by the Government of Nepal for a foreign scholarship available for the Government of Nepal in a subject that is   useful and most necessary for the Armed Service may get a study leave  during the period of study.
(2) An Armed Police shall be entitled to the study leave for a maximum period of Three years at One time or various times during the service period.
Provided that, if the Government of Nepal so considers necessary, it may add the period of the study leave for up to Two years.
(3) Notwithstanding anything contained in Sub-rule (2), any Armed Police who has gone on the study leave for any study on nomination shall not be granted any additional study leave for the study of additional subject or for obtaining additional degree.
(4) The Armed Police going on the study leave shall be entitled to full salary.
(5) Any Armed Police, who is going for study in a subject that is useful and necessary for the concerned group if the Armed Police, on personal effort with the prior approval of the Government of Nepal, on the recommendation of the departmental head, may be granted the study leave pursuant to Sub-rule (2).
(6) Notwithstanding anything contained in Sub-rule (4), the Armed Police going on study leave pursuant to Sub-rule (5) shall not be entitled to salary during the period of the study leave.
(7) Any Armed Police who has not served in the government service for Five years shall not be entitled to get the study leave. 29Provided that, if such a candidate is not found or the Armed Police who has served for such a period does not intend to pursue study, then study leave may be granted to any Armed Police whose service period is less than that period to study a technical subject, setting aside the reason for the same.
(8) An Armed Police who goes on the study leave shall executed a bond to the effect that he or she shall have to work for the following period in his or her service upon having completed such a study leave and returned back:
Period of study Minimum period for
which service has to
be done
(a) Up to Three years One year
(b) From Three months to Six months One and half year
(c) From Six months to Nine months Two years
(d) From Nine months to One year Three years
(e) From One year to Two years Four years
(f) From Two years to Three years Five years
(g) From Three years to Four years Seven years
(h) From Four years to Five years Eight years
29 Inserted by the Fifth Amendment.

(9) If an Armed Police does not serve for the period as referred to in Sub-rule (8) after completing the study and returning back, the salary and allowance received by such an Armed Police during the period of study leave as well as other amounts set forth in the bond shall be recovered from such an Armed Police as government dues.

109. Procedure for requesting the leave:

(1) For the sanction of a leave, the Armed Police shall have to submit an application to the official empowered to grant leave through his or her own office, indicating the period of leave required for him or her, the reason for the same and other details if required to go abroad; and the official empowered to grant leave shall also have to give a notice of approval or disapproval of leave to such Armed Police.
(2) The official empowered to grant leave may sanction the leave from the date preceding the date of application, if the official is satisfied with that it was not possible to obtain prior approval of the official empowered to grant leave or that the applicant had made every attempt to obtain prior approval.

110. Official to grant leave:

(1) If the chief of office of any Armed Police office is required to go on casual or festival leave, he or she shall have to
get it approved by the pertinent higher office after going on the leave.
(2) casual leave, festival leave, sick leave, obsequies leave to any Inspector of the Armed Police and senior Officers than that of the office where the chief of office is Inspector or senior to him or her and all
types of other leave to any other Armed Police personnel may be granted by the chief of office of the same office.

(3) The home leave to an Inspector of the Armed Police or Armed Police of higher level may be granted by the chief of office of one level higher.
(4) The casual leave or festival leave, maternity leave, replacement leave, obsequies leave and sick leave to the Inspector of the Armed Police and Armed Police of higher level than Inspector of the Headquarters may be granted by the concerned Section Chief and other leave may be granted by the Inspector General of the Armed Police or
officer designated by him or her and all types of leave to the other Armed Police may be granted by the concerned Section Chief.
(5) The Inspector General of Armed Police may go on casual leave and festival leave by indicating the same himself or herself. While going on the other leave, he or she shall have to obtain approval of the Government of Nepal.

111. Leave not to be converted: The Armed Police shall be required to  utilize the same leave which he or she has taken pursuant to this Chapter. One type of leave approved earlier shall not be converted into another type of leave after the completion of such leave except into obsequies leave or maternity leave.

112. Public holidays to be included: In cases where any other type of leave, except the casual leave, and festival leave taken by a Armed Police personnel ends on a public holiday and if he or she does not attend the office on the next day of such public holiday, the period of such public holiday shall also be treated as the leave taken by him or
her stayed on another leave obtainable by him or her where no such leave is due to him or her.

113. To remove the Armed Police from the Service who is absent from the work without obtaining leave:

(1) No Armed Police shall be absent from work without obtaining leave pursuant to these Rules.
(2) The competent authority may remove such Armed Police from the service who has remained absent by violating Sub-rule (1). Provided that, it shall not be deemed to have contravened this Rule, in cases where the Armed Police personnel has gone on leave without obtaining approval and submits an application for leave and the
leave has been approved.
(3) The concerned Armed Police may, after the notice to that effect has already been given to the Records Keeping Office, submit a report within Thirty Five days of receipt of the notice of his or her being absent, to the concerned officer who is one level higher than the officer who has recorded him or her absent, indicating that his or her leave
should be approved.
(4) If the contents of the report submitted pursuant to Sub-rule
(3) by the said Armed Police personnel found to be true upon scrutiny,
the concerned officer may approve the leave and send information of
approval of the leave.

114. Record of leave:

(1) The official authorized to grant leave shall cause to be maintained the records of leave of the Armed Police working   under him or her.
(2) In being deputed upon any Armed Police being transferred or promoted, the information of such transfer or promotion, along with the record of leave of the Armed Police shall have to be sent to the present office. The record of such leave shall be maintained in the format as mentioned in Schedule- 7.

(3) One copy of excerpt of the records of leave pursuant to Subrule (2) shall also be given to the concerned Armed Police. While taking action for promotion, the responsibility to submit such record of the leave shall be of the concerned office of the Armed Police.