INDIAN RAILWAY ESTABLISHMENT MANUAL - VOL. I

TABLE OF CONTENTS

1. CHAPTER 1 - GENERAL
2. CHAPTER 2 - GENERAL CONDITIONS OF SERVICE
3. CHAPTER 3 - TERMINATION OF SERVICE
4. CHAPTER 4 - EXTENSION OF SERVICE AND RE-EMPLOYMENT OF PERSONS PREVIOUSLY IN GOVERNMANT SERVICE
5. CHAPTER 5 - LEAVE RULES
6. CHAPTER 6 - MEDICAL ATTENDANCE AND TREATMENT
7. CHAPTER 7 - LAW SUITS AND CRIMINAL CHARGES AGAINST RAILWAY SERVANTS
8. CHAPTER 8 - RAILWAY STAFF BENEFIT FUND
9. CHAPTER 9 - STATE RAILWAY PROVIDENT FUND RULES
10. CHAPTER 10 - STATE RAILWAY GRATUITY RULES
11. CHAPTER 11 - JOINING TIME RULES
12. CHAPTER 12 - COMPENSATION FOR INJURIES AND LOSS OF PERSONAL PROPERTY
13. APPENDIX I - THE RAILWAY SERVICE (CONDUCT) RULES, 1966
14. APPENDIX II - (Rule 21 of D&A Rules,1968)
    INSTRUCTIONS FOR THE SUBMISSION, RECEIPT AND TRANSMISSION OF PETITIONS TO THE PRESIDENT OF INDIA
15. APPENDIX III - RULES REGULATING THE COMPASSIONATE FUND OF THE GOVERNMENT OF INDIA
16. APPENDIX IV - PROVIDENT FUNDS ACT, 1925
17. APPENDIX V - STUDY LEAVE RULES
18. APPENDIX VI - DELEGATIONS MADE BY PRESIDENT WITH REFERENCE TO RULE 103(11)
19. APPENDIX VII - CONCORDANCE

INDIAN RAILWAY ESTABLISHMENT CODE VOLUME - I

CHAPTER 1

GENERAL

101. Scope and extent of Application. - This Chapter and the next contain the rules governing general conditions of service applicable to Railway servants. Some of these rules correspond to the Fundamental Rules and Supplementary Rules applicable to all Civil servants (other than Railway servants) under the Indian Union, who are subject to the rule making powers by the President.

102. Power to interpret rules. - The power of interpreting the rules in this volume is reserved to the President.

103. Definitions. - Unless there be something repugnant in the subject or context, the terms defined below are used in this Code in the sense herein explained.

1. Accounts officer means an Officer of the Accounts Department as defined in para 102 of the Indian Railway Code for the Accounts Department.
2. The act means the government of India Act, 1935.
3. Actual travelling expenses means the actual cost of transporting railway servant with his domestic servant and personal luggage, including charges for ferry and other tolls and for carriage of camp equipment if necessary. It does not include charges for hotels, travellers bungalows or refreshments or for the carriage of stores or conveyances or any allowance for such incidental losses or expenses as the breakage of crockery, wear and tear of furniture and the employment of additional domestic servants.
4. Apprentice means a person deputed for training in a training in a trade or business with a view to employment in Railway service, who draws pay at monthly rates from Government during such training but is not employed in or against a substantive vacancy in the cadre of a department.
5. Average Pay means the average monthly pay earned during the 10 complete months immediately preceding the month in which the event occurs which necessitates the calculation of average pay.

   Provided that in respect of any period spent on foreign service out of India the pay which the railway servant would have drawn if on duty in India but for foreign service out of India shall be substituted for the pay actually drawn:

   Provided further that in the case of railway servants entitled to running allowance, average pay for the purpose of leave salary shall include a fixed component representing the pay element in the running allowances, as notified by the government through administrative instructions from time to time.

6. Assistant Officer means an Officer in Group ‘A’ drawing pay on the scale applicable to junior scale officers.
7. Cadre means the strength or a service or a part of a service sanctioned as a separate unit.
8. Camp equipage means the apparatus for moving a camp.
9. Camp equipment means tents and the requisites for pitching and furnishing them, or where tents are not carried, such articles of camp furniture as it may be necessary, in the interests of the public service, for a railway servant to take with him on tour.
10. Compensatory Allowance means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a travelling allowance.
11. Competent Authority in relation to the exercise of any power under these rules, means the President or any authority to which such power is delegated in Appendix VI.
12. Constitution means the Constitution of India.
13. Day means a calendar day, beginning and ending at midnight; but an absence from headquarters which does not exceed twenty-four hours shall be reckoned for all purposes as one day, at whatever hours the absence begins or ends.
14. Department of a railway administration means one of the branches constituted for the purpose of conducting the business of the railways.
15. ‘Divisional Officer’ means an officer in Group ‘A’ drawing pay on the scale applicable to senior Scale officer.
16. Duty
    1. Duty includes
       1. Service as Probationer or apprentice, provided that such service is followed by confirmation.
       2. Joining time.
    2. A competent authority may issue orders declaring that, in circumstances similar to those mentioned below, a railway servant may be treated as on duty
       1. During a course of instruction or training in India.
       2. In the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing through a course of training at a University, College or School in India, during the interval between the satisfactory completion of the course and his assumption of duties.

    GOVERNMENT OF INDIA ORDERS

    1. Time spent in attending obligatory Departmental Examinations. - A Government servant required to attend an obligatory departmental examination, or permitted to present himself at an examination the passing of which is a condition of preferment in Government Services, may treated as on duty during the day or days of the examination and during the reasonable time required for the journey, if any to an from the place of examination.

       (G.I., F.D. Memo No. F.17 R. 1/29 dated 23rd Jan. 1929.)

    2. The phrase “condition of preferment” used in (1) above covers only compulsory or optional examinations for promotion within the normal scope of the Government servants department or office.

       (G.I., F.D.Of/15(5) R. 1/31 dot. 25rh March 1931.)

    3. Delay in taking charge of the duties. - Period of Compulsory waiting by an officer for orders of Government posting him to a particular post, after he had reported should be treated as ‘Duty’.

       (G.I., F.D. Res. No.122 CSR dot. 10th Feb.1922, No.175 C.S.R. dt. 28th Feb.1922, No F.192 C.S.R .25 dot.20-6-1925.)

    4. Treating period of training as duty. - The authorities competent to appoint the government servant to the post for which the training is essential may be empowered to treat the period of training or instruction in India of Government servants on duty under this rule subject to the following conditions:
       1. the training or instruction should be in India;
       2. the training or instruction should be connected with the post which the Government servant is holding at the time of placing him on training or instruction;
       3. that it is obligatory on the part of the Government to send the persons for such training or instructions;
       4. the training should not be in professional or technical subjects which are normally brought under the provisions relating to ‘Study Leave’; and
       5. the period of training should not exceed one year.

          ( G.I.M.F. O..M. No.F2(71) Estt.III/60, dt. 3rd December, 1960.)

    5. Attending Hindi and other obligatory examination.—A question has been raised whether a Government servant is expected to report for duty in office either before or after the examination is over, in case the examination, including the viva voce test commences in the forenoon or in the afternoon. It has been decided that
       1. in case where the examination is held in a day both in the forenoon and in the afternoon, the Government servants need not be required to attend office either before or after the examination, and
       2. in case where the examination is held in the forenoon and in the afternoon, the Government servants must attend office in the afternoon/forenoon, as the case may be, unless the Head of Office/Department specifically exempts any or all Government servants from such attendance, having regard to the time schedule of the text and the distance between the place of duty and examination.

          (G.I. MHA. O.M.No. 5/165-H dated 8th June, 1965.)

    Audit Instructions

    Scope of the term “probationers”

    1. The term "Probationer" does not cover a Government servant who hold substantively a permanent post in a cadre and is appointed on probation to another post.
    2. No person appointed substantively to a permanent post in cadre is a probationer, unless definite conditions (such as the condition that he must remain on probation pending the passing of certain examination) have been attached to his appointment.
    3. The status of the probationer is to be considered as having the attributes of a substantive status except where the rules prescribed otherwise.
17. Family means a railway servant’s wife/Husband, legitimate children and stepchildren residing with and wholly dependent upon him/her. It also includes parent, sisters and minor brothers residing with and wholly dependent upon him/her.

    Provided further that for Rule 615 {??} it includes only such of the dependent relatives as are eligible for passes under the Pass Rules.

    Note 1. —Not more than one wife is included in this term.

    Note 2. —The term “legitimate children” includes those adopted under the law.

18. Fee means a recurring or non-recurring payment to a railway servant from a source other than the Consolidated Fund of India or the consolidated Fund of a State or the Consolidated Fund of a Union Territory whether made directly to the railway servant or indirectly through the intermediary of Government but does not include
    1. unearned income such as income from property, dividends and interest on securities; and
    2. income from literary, cultural, artistic, scientific or technological efforts. If such efforts are not aided by the knowledge acquired by the railway servant in the course of his service.
19. Foreign Service means service in which a railway servant receives his pay with sanction of Government from any source other than the Consolidated Fund of India, or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory.
20. Gazetted Post is a post to which appointment is made by notification in the Gazette of India.
21. Head of a department means any authority which the President may by order declare to be the head of a department for the purpose of these Rules.
22. Hill-Station means any place which a competent authority may declare to be a hill station.
23. Holiday means
    1. a holiday prescribed or notified by or under section 25 of the Negotiable Instruments Act, 1881, and
    2. in relation to any particular office, a day on which such office is ordered to be closed by a competent authority for the transaction of Government business without reserve or qualification.

    Note.—During restricted holidays the office is not closed for transaction of business but they are treated as akin to other closed holidays and can be prefixed or suffixed to regular leave or casual leave.

24. Honorarium means a recurring or non-recurring payment granted to a railway servant from the Consolidated Fund of India or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory, as remuneration for special work of an occasional or intermittent character.
25. Joining time means the time allowed to a Railway servant in which to join a new post or to travel to or from a station to which he posted.
26. Leave on average (half average) pay means leave on leave salary equal to average/half average pay, as regulated by the Railway Leave Rules.
27. Leave Salary means the monthly amount paid by Government to a Railway servant on leave.
28. Lien means the title of a Railway servant to hold on regular basis either immediately or on the termination of a period or periods of absence, a post, including a tenure post, to which he has been appointed on regular basis and on which he is not on probation

    Provided that the title to hold a regular post shall be subject to the condition that the junior most person in the grade will be liable to be reverted to the lower grade if the number of persons so entitled is more that the posts available in that grade.

    [Authority : Rly. Board’s Letter No. E(NG)I-98/CN5/2 dt. 5.2.99 (RBE 6/1999)]

29. Local Fund means
    1. revenue administered by bodies which by law or rule having the force of law come under the control of Government, whether in regard to proceedings generally or to specific matters, such as the sanctioning of the budgets, sanction to the creation or filling up of particular posts, or the enactment of leave, pension or similar rules; and
    2. the revenues of any body which may be specifically notified by the President as such.
30.  
    1. Military Commissioned Officer means a commissioned officer other than
       1. a departmental Commissioned Officer;
       2. a Commissioned Officer of the Indian Medical Department.

          It does not include a Warrant Officer.

    2. Military Officer means any officer falling within the definition of the Military Commissioned Officer, or included in sub-clause (i) or (ii) of clause (a) above or any Warrant Officer.
31. Ministerial {Servant} Officer means a railway servant of group ‘C’ whose duties are entirely clerical and other class of railway servants specially defined as such by general or special order of a competent authority.

    Government of India’s decision.—The President has decided that those members of class II (Group B) service whose duties are predominantly clerical shall be classed as ministerial servants.

    (G.I.F.D. Letter No. F.11(6) R I/33 dated 1st April, 1933.)

32. Month means a calendar month. In calculating a period expressed in terms of months and days, complete calendar months, irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently taking 30 odd numbers of days as a month.

    Audit Instructions

    Calculation of a period expressed in terms of months and days

    1. To calculate 3 months and 20 days on and from 25th January the following method should be adopted.

       	Y	M	D
       5th January to 31st January	0	0	7
       February to April	0	3	0
       1st May to 13th May	0	0	13
       Total	0	3	20

    2. The period commencing on 30th January and ending with 2nd March should be deemed as 1 month and 4 days as indicated below:-

       	Y	M	D
       30th January to 31st January	0	0	2
       February	0	1	0
       1st March to 2nd March	0	0	2
       Total	0	1	4

33. Officiating means the railway servant officiates in a post where he performs the duties of a post on which any other person holds a lien or when a competent authority appoints him to officiate in a vacant post on which no other railway servant holds lien.
34. Overseas Pay means pay granted to a Railway servant in consideration of the fact that he is serving in a country other than the country of his domicile.
35. Pay means the amount drawn monthly by a railway servant as
    1. the other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre;
    2. Overseas pay, special pay and personal pay; and
    3. any other emoluments which may be specially classed as pay by the President.
36. Permanent Post means a post carrying a definite rate of pay sanctioned without limit of time.
37. Personal Pay means additional pay granted to a railway servant
    1. to save him from a loss of substantive pay in respect of a permanent post other than a tenure post due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure; or
    2. in exceptional circumstances, on other personal considerations.
38. Post in the Railway Board means the post of a Member of the Railway Board and includes the post of Chairman, Railway Board and of Financial Commissioner, Railways.
39. Presumptive pay of a post. - When used with reference to any particular railway servant means the pay to which he would be entitled if he held the post substantively and were performing its duties, but it does not include special pay unless the Railway servant performs or discharges the work or responsibility in consideration of which special pay was sanctioned.

    Audit instructions.—The first part of the definition is intended to facilitate the use of the term in relation to a Government servant who has been absent from a post for some time but still retains a lien on it.

40. Probationer means a railway servant employed on probation in or against a substantive vacancy in the cadre of a department.
41. Public conveyance means a train, steamer other conveyance which plies regularly for the conveyance of passengers.
42. Railway School means a school established by a railway or office/project/factory directly under the railway Board primarily for the benefit of the children of its employees and maintained and entirely controlled by it with or without assistance from revenues of a State or income from other non-railway source. It does not include a school to which a railway merely makes a grant-in-aid.
43. Railway servant means a person who is a member of a service or holds a post under the administrative control of the Railway Board. It also includes a person who is holding the post of Chairman, Financial Commissioner or a Member of the Railway Board. Persons lent from a service or post which is not under administrative control of Railway Board do not come within the scope of this definition. The term excludes casual labour.
44. Special Pay means an addition of the nature of pay, to the emoluments of a post or of a Railway servant, granted in consideration of –
    1. the specially arduous nature of duties; or
    2. a specific addition to the work or responsibility and includes non-practicing allowance granted to doctors in lieu of private practice.

       Audit Ruling – A provision in the contract of a Government servant appointed to a particular post that he should “also do all things that may be required of him” does not contemplate this being required to perform onerous additional duties in another post without remuneration.

       Government of India Orders.- The power of granting special pay was defined in this Rule shall be exercised only by the authority empowered to regulate the scales of ordinary pay.

       (G.I.,H.D. No. F. 272-23 dated 16-12-1962.)

45. Scales of pay

    ‘Authorised scales of pay’ means the scales of pay introduced under the Railway Services (Authorised Pay) Rules, 1960.

    ‘Revised Scales of Pay’ means the scales of pay introduced under the Railway Services (Revised Pay) Rules, 1973.

46. Subsistence grant means a monthly grant made to a Railway servant who is not in receipt of pay or leave-salary.
47. Substantive pay means the pay other than special pay, personal pay or emoluments classed as pay by the President under Sub-rule 35 (iii), to which a railway servant is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.

    Note: In the case of a person with a lien on a permanent post under a State Government, ‘Substantive Pay’ means the 'substantive pay' as defined in the relevant rules of the State Government concerned.

48. Temporary post means a post carrying a definite rate of pay sanctioned for a limited time.
49. Tenure post means a permanent post which an individual railway servant may not hold for more than a limited period.

    Note.—In case of doubt the President shall decide whether a particular post is or is not a tenure post.

    Railway Ministry’s decision.—The President has decided that there is no objection to a non-gazetted post outside the cadre of a regular service being declared as a tenure post if the conditions so warrant.

50.  
    1. Time-scale pay means pay which, subject to any conditions prescribed in these rules, rises by periodical increments from a minimum to maximum. It includes the class of pay formerly known as progressive.
    2. Time-scales are said to be identical if the minimum, the maximum, the period of increment and the rate of increment of the time scale are identical.
    3. A post is said to be on the same time-scale as another post on a time-scale if the two time-scales are identical and the posts fall within a cadre, or a class in a cadre, such cadre or class having been created in order to fill all posts involving duties of approximately the same character or degree of responsibility, in a service or establishment or group of establishments; so that the pay of the holder of any particular post is determined by this position in the cadre, or class and not by the fact that he holds that post.
51. Transfer means the movement of a railway servant from one headquarter station in which he is employed to another such station, either -
    1. to take up the duties of a new post, or
    2. in consequence of a change of his headquarter.
52. Travelling allowance means an allowance granted to a railway servant to cover the expenses which he incurs in travelling in the interests of the public service. It includes allowances granted for the maintenance of conveyances and tents.

104. Pensionable Service.

1. The service of all railway servant except those mentioned in rule 105 shall be pensionable.
2. All railway servants who were already pensionable prior to the introduction of Pension Scheme on Railway with effect from 1st April, 1957.
3. Government servants permanently transferred to the Railway Department from other Government departments in which the services were pensionable.

105. Non-pensionable Service. - Subject to what has been stated in rule 104 the service of the railway servants who entered service before 16th November, 1957, and who after introduction of pension scheme on Railways did not opt for it when options were open from time to time, shall be non-pensionable. They continue to be eligible for the benefits of State Railway Provident Fund and for gratuity in accordance with the rules prescribed in that behalf.

CLASSIFICATION OF SERVICES

106. For the purpose of these rules, the railway services shall be classified as follows with effect from 1-4-1976:

1. Gazetted
   1. Railway Service Group A
   2. Railway Services, Group B.
2. Non-Gazetted
   1. Railway Services, Group C
   2. Railway Services, Group D
   3. Workshop Staff ( Group C & D )

107. Subject to reclassification indicated in rule 106 and also subject to such exceptions as Railway Ministry may make from time to time, all Gazetted and non-gazetted posts under the Indian Railways shall be classified with effect from 30.6.1987 as below:

Note

1. In terms of Board’s letter No. PC-III/87/CTC-I/6 dated 6.11.1995, posts in scale Rs. 2375-3750 on Indian Railways shall be classified as Group ‘B’ w.e.f. 30.7.1993.

   In terms of Boards letter No. PC-IV/86/RSRP/1 Volume-II dated 10.11.1995 (RBE 123/1995), Posts in scale Rs.775-1150 applicable to staff in Railway Board’s Office only shall be classified as Group ‘D’ w.e.f. 1.4.1995.

2. Posts created subsequent to 30-6-1987 as specific additions to existing cadres shall have the same classification as posts in the cadre to which they are added.

108. Establishments and categories (including probationers) falling under the services mentioned in Rule 106 are shown below:

Group A

1. Posts in the Railway Board;
2. Advisors in Railway Board;
3. Directors, Additional directors, Joint Directors, Deputy Directors, Railway Board and Research Design and Standards Organisation; Secretary, Joint Secretaries; Deputy Secretaries, Under-Secretaries, Railway Board;
4. Indian Railway Service of Engineers;
5. Indian Railway Accounts Services;
6. Indian Railway Traffic Services;
7. Indian Railway Service of Mechanical Engineers;
8. Indian Railway Service of Electrical Engineers;
9. Indian Railway Service of Signal Engineers;
10. Indian Railway Medical Services;
11. Indian Railway Stores services;
12. Indian Railway Personnel Services;
13. Such posts in general Administration and Miscellaneous Departments (e.g. Chemical & Metallurgical Department, Cash & Pay Department.)

Group ‘B’

Gazetted posts not included in Group A

Note.—Temporary Assistant Officers will not be classified either as Group A or Group B.

Group ‘C’

All Posts classified as Group ‘C’ under Rule 107.

Group ‘D’

All Posts classified as Group ‘D’ under Rule 107..

Workshop Staff

All categories of Group C & D staff employed in workshops other than those employed in clerical, skilled or supervisory categories and not included in Group C or Group D above.

109. Scales of pay of Groups A & B Railway Servants.

1. the Revised scales of pay admissible to Railway servants in Group A & B shall be as notified by government with the sanction of the President.

   No alteration in the scale of pay of a post or service can be made without the sanction of the President.

2. The pay of Group A Railway Officer in Junior Scale on appointment to a Senior Scale post in an organized Railway Service shall be fixed under Rule 1313 (FR-22) (I) (a) (1) ) of the Indian Railway Establishment Code Volume II (Sixth Edition-1987).

Railway Ministry’s decision.—A Junior Scale Officer can be considered eligible for promotion to Senior Scale only after putting in 4 years service (including the period of probation) in Junior Scale. But, if in the interest of Administration, one is promoted to Senior scale before completing four years in Junior Scale, he will draw pay in the Junior Scale plus a charge Allowance of Rs. 300/- per month subject to the condition that pay plus Charge Allowance should not exceed the pay that would have been admissible had it been fixed under Rule 1313 (FR—22)(I)(a)(1) ) of the Indian Railway Establishment code, Volume-II (Sixth Edition-1987) on regular basis.

110. Sanctioned strength of cadres. - Subject to any statutory provision in this regard, the strength including both the number and character of posts of the Railway Services, Group A and B, shall be determined by the railway Ministry. General Managers of Indian Railways will have powers to create gazetted posts in Group ‘A’ and Group ‘B’, only to the extent stipulated in Item (3) of Annexure II of Chapter V of Indian Railway Financial Code Vol. I (First Edition—1982) subject to such limits and instructions as may be laid down by the Railway Ministry from time to time.

Note.—Provided the total number of sanctioned gazetted post in any grade (Heads of Department, Additional Heads of Departments, Deputy Head of Department, Senior Scale, Junior Scale and Group B Officers) of the service concerned is not exceeded, the General Managers are empowered to vary solely in the public interest having regard to changes in the work and responsibilities of the posts concerned (and not in the interest officers) the distribution of posts within that grade for a period of not exceeding 12 months.

Principles for Fixing Cadres

111. The cadres of the services and departments included in Railway services Groups A & B (other than Medical Department and specialists) posts on Indian Railways shall be fixed in accordance with the principles states below:-

1. Separate cadres shall be maintained for each Indian railway.
2.  
   1. The number of permanent working posts, that is, posts required for ordinary duty on a railway, shall be determined for each service or department and divided into the following grades:
      1. Senior Administrative Grade Level I
      2. Senior Administrative Grade Level II
      3. Administrative Grade Scale Rs.2000-2250
      4. Junior Administrative Grade
      5. Senior Scale
      6. Junior Scale/Group ‘B’.
   2. The General Working posts, that is post required for general purposes of the railway which may be filled by gazetted railway officers of any service may be determined and divided in the same manner.
   3. The number of posts to be allotted to the Junior Scale shall be calculated with reference to the total number of Administrative Grade and Senior Scale posts, and shall be so fixed as to allow a continuous flow of promotion from lower to higher grade after a given period of service. For this purpose all the administrative posts, including the general administrative posts shall be taken into account.
   4. The rest of the posts included in (2) (a) (vi) above shall be allotted to group ‘B’.
   5. The total number of posts thus arrived at for each grade in a department shall from the permanent duty strength of each service or department.
3. Posts required for meeting deputation leave and training requirements will be provided in Junior Scale based on requirements assessed from time to time. These posts shall be intended ordinarily to provide for the deputation/training of and or grant of leave to a member of the Department without the necessity of making an officiating appointment to the Junior Scale or to Group B post in the chain or vacancies consequent on the deputation, training of and/or grant of leave to the member in question.
4. The permanent duty strength together with the posts sanctioned as "deputation, training and leave reserve" shall form the total permanent cadre of the service or department concerned.

112. The permanent strength of the Medical Department shall be fixed with reference to the permanent posts required for ordinary duty and will include at the Additional Divisional Medical Officer’s level a leave and deputation reserve of 20 per cent of the permanent working posts.

Instruction for working the Cadres

113. Excess over sanctioned number. – The number of posts sanctioned for each grade in a department shall in no case be exceeded without the sanction of the authority competent to create a post, either permanent or temporary, in the grade.

114. General Posts. – If a general post included in the permanent cadre of a service or department is held by a member of another service or department, such post shall be treated, for the purpose of comparing sanctions with actuals, as permissible additions to the permanent cadre of the latter department by a corresponding reduction in the permanent cadre of he former, for the period for which such arrangement lasts.

115. Reversion to open line. – When a permanent open line gazetted railway officer holding a post in the office of the Railway Board or in an office/project/organisation directly subordinate to that authority proceeds on leave, deputation or attains superannuating he shall be treated as having reverted to the Railway on the cadre of which he is borne, except,

1. When he is expected to return to his post at the end of the leave; and
2. Either the leave taken by him is leave on average pay not exceeding four months or he holds a permanent post in the office/project/organisation.

On reversion to the parent railway he shall be considered as a permissible excess over the permanent cadre of that railway for the period of his leave.

116. Holding of posts in abeyance or keeping them unfilled.—No gazetted post in Group A or B may be held in abeyance without the sanction of the authority competent to create it. If it is proposed to keep such posts unfilled for more than six months, the matter shall be reported to the Railway Ministry.

Note.—For the purpose of this rule, when the duties of a post are performed by another officer in addition to his own duties such post shall be considered to have been kept unfilled.

117. Checks to be applied to cadres.—The cadres shall be checked in the manner prescribed in the Indian Railway Code for the Accounts Department and all reasonable precautions (e.g. reversion of the officers officiating) taken before hand to prevent the occurrence of avoidable excess over the cadre.

118. Tenure posts.

1. The President may declare any posts outside the cadre of a regular service as tenure.
2. No officer in Group A shall in the normal course hold any of the posts noted below for more than the periods shown against each:-

   Posts in Railway Board	5 years
   Directors, Additional Directors, Joint Directors, Railway Board.	4 years
   Directors, Additional Directors, Joint Directors, Research Design & Standard Organisation.	4 years
   Railway Liaison Officer	4 years
   Divisional Railway Manager, Additional Divisional Railway Manager, Deputy General Manager.	3 years

3. Confirmation in tenure post is dispensed with.

Cadres of Railway Servants—Group C & Group D

119. In the Railway Board and attached offices. - The number and character of Group C & D posts in the office of the Railway Board and other offices, projects, organizations, immediately under its control shall be such as may be determined by the Railway Board. The Director General, Research, Designs and Standards Organisation or any other authority to whom the powers may be specifically delegated by the Railway Board may create temporary posts on the conditions prescribed in their respective schedules of power.

120. On Railways, Production Units or other Establishments. - The number and character of Group C & D posts may be determined by the General Managers or the authority to whom such powers are delegated, provided that the prior sanction of the Railway Ministry is necessary for the introduction of a new category not already obtaining on a Railway.

121. Scales of Pay. - All the posts in Group C & D shall be on the Revised Scales of Pay. The introduction of a new Revised Scale for a particular category shall require the prior sanction of the Railway Ministry.

122. Supernumerary Posts.—Supernumerary posts are permanent posts created under special circumstances for operation for a limited period as such at the discretion of the competent authority to create the posts in the administrative convenience.

Government of India’s Orders

While it is obviously not possible to give an exhaustive list of the circumstances in which supernumerary posts may be created, the following broad principles governing the creation of such posts may be indicated.

1. A supernumerary post is normally created to accommodate the lien of an officer, who, in the opinion of the authority competent to create such a post, is entitled to hold a lien against a regular permanent post but who, due to non-availability of a regular permanent post, cannot have his lien against such post.
2. It is shadow post i.e. , no duties are attached to such posts. The officer, whose lien is maintained against such a post, generally performs duties in some other vacant temporary or permanent posts.
3. It can be created only if another vacant permanent or temporary post is available to provide work for the person, whose lien is retained by the creation of the supernumerary post. In other words, it should not be created in circumstances which, at the time of creation of the post or thereafter, would lead to an excess of the working strength.
4. It is always a permanent post. Since, however, it is a post created for accommodating a permanent officer till he is absorbed in a regular permanent post, it should not be created for an indefinite period as other permanent posts are, but should normally be created for a definite and fixed period sufficient for the purpose in view.
5. It is personal to the officer for whom it is created and no other officer can be appointed against such a post. It stands abolished as soon as the officer for whom it was created vacates it on account of retirement or confirmation in another regular permanent post or for any other reason. In other words, no officiating arrangements can be made against such a post. Since a supernumerary post is not a working post, the number of working posts in cadre will continue to be regulated in a manner that, if a permanent incumbent of one of the regular posts returns to the cadre and all the posts are manned, one of the officer of the cadre will have to make room, for him. He should not be shown against a supernumerary post.
6. No extra financial commitment is involved in the creation of such posts in the shape of increased pay and allowances, pensionary benefits etc.

POWER TO FRAE RULES

123. The Railway Board have full powers to make rules of general application to Group C & Group D railway servants under their control.

124. The General Managers of Indian Railways have full powers to make rules with regard to Railway servants in Group C & D under their control provided they are not inconsistent with any rules made by the President or the Ministry of Railways.

CHAPTER 2

GENERAL CONDITIONS OF SERVICE

Recruitment, Training and Promotion to Group A & Group B posts

201. Recruitment to Railway Services, Group A.—All first appointments to a Group A Post in Railway Service shall be made by the President on the recommendation of the Union Public Service Commission from time to time in accordance with the rules framed by him. The General Managers may confirm an officer in Group A on probation, in his post if he has satisfactorily completed his probationary period.

202. Posts in the office of the Railway board etc. - Group A posts included in Railway Services, in the office of the Railway Board and in offices directly under the administrative control of the Railway Board, shall be filled in such manner as the President may decide.

203. Administrative posts on Railways. - Group A Administrative posts included in the cadre of a service or department shall be filled by the Railway board by selection from members of the service or department concerned. General Administrative post on a railway shall be filled by selection form among the eligible Group A officers of all services and departments.

204. Rate of Recruitment.—The rate of normal recruitment shall be determined by the President with reference to the sanctioned strength of a service or department. When, however, the total actual strength of a service is in excess of or below the total sectioned strength, recruitment shall be so adjusted as to enable the total sanctioned strength to be worked in the minimum time compatible with the avoidance of shortage on the one hand and excesses on the other.

205. Method of recruitment. - Recruitment to Group A Service in the various departments of Railways shall be made through

1. Competitive Examination held by the Union Public Service Commission;
2. Promotion of officers in Group B Service including officiating Group B railway officers of the service or department.
3. By appointment of candidates initially recruited as Special Class Apprentices on the results of the examination conducted by U.P.S.C. in accordance with the rules for recruitment to Indian Railway Service of Mechanical Engineers.
4. By transfer of an officer in service of the Government provided the recruitment rules include a provision to this effect;
5. By occasional admission of other qualified persons in consultation with the U.P.S.C.

206. Training. - Probationers to Railway Services, Group A except those who have been recruited as Special Class Railway Apprentices in the Transportation (Power) and Mechanical Engineering Department, shall be required to undergo a period of training, as may be prescribed by the President.

Note. - The detailed programme for training for the various services in given in Chapter I of the Indian Railway Establishment

207. Recruitment to Railway Service Group B.—Appointment to Group B Service by promotion of staff employed on the Railway may be made by the General Manager.

208. Officiating promotions.

1. An officiating arrangement made in the place of a permanent open line Group A or B officer deputed to fill a post temporarily sanctioned for a survey or construction shall continue to be permissible during leave taken from the survey or construction by the Railway officer so deputed, provided that such leave does not exceed four months and the head of the construction department certifies that the officer is expected to return to that surveyor construction on expiry of the leave.
2. Officiating arrangement in the leave vacancies of Group ‘A’ or Group ‘B’ officers is allowed if the vacancy is for 30 days and above on the Zonal Railways, Production Units and other railway units and for 46 days and above in the Railway Board and Research, Design and Standardisation Organisation.

209.

1. Promotions to Railway Services, Group A.
   1. All substantive promotions to Railway Services Group ‘A’ shall be made by President; and
   2. No officer shall be eligible for promotion to and within the service, unless the Government is satisfied that the officer is suitable for promotion in all respects.
2. Promotion from Group ‘B’ to Group ‘A’ (Junior Scale).
   1. Appointments to the posts in the junior scale shall be made by selection on merit from amongst Group ‘B’ officers of the departments concerned with not less than 3 years of non-fortuitous service in the grade.
   2. If the quota reserved for Group ‘B’ Officers for promotion to junior scale is not fully utilized, the remaining vacancies may be filled by Government in accordance with the recruitment rules and in consultation with the UPSC; and
   3. The Departmental Promotion Committee for this purpose shall consist of a representative of the Union Pubic Service Commission as Chairman and two representatives of the Ministry of Railways as Members.
3. Promotion from junior scale to senior scale.
   1. Appointment to the posts in the Senior scale shall be made by promotion in the order of seniority, subject to rejection of the unfit, of officers with ordinarily not less than 4 years service in the junior scale.
4. Promotion from senior scale to higher grade posts.
   1. Promotions to the Administrative Grade are dependent on the occurrence of vacancies in the sanctioned establishment and are made wholly by selection; mere seniority does not confer any claim for such promotion.
   2. Appointments to the posts in the Junior Administrative Grade shall be made by selection on merit from amongst the officers ordinarily with not less than 5 years’ service in the senior scale.
   3. Appointments to the posts in the Senior Administrative Grade (Level-II) shall be made by selection on merit from amongst the officers ordinarily with not less than 3 years’ service in the Junior Administrative Grade.
   4. Appointments to the posts in the Senior Administrative Grade (Level-I) shall be made by selection on merit from amongst the officers ordinarily with not less than 2 years service in the Senior Administrative Grade (Level-II).
   5. The departmental Promotion Committee for purposes of promotion from Senior Scale and above to higher grade posts shall consist of Chairman, Railway Board, Financial Commissioner Railways and three other Members of the Railway Board.

210. Promotion to Railway Services, Group B. - Promotions to Group B posts shall be made by the General Managers except in the Security Department provided that such promotions are made in the strict order of placement on the panel recommended by the Selection Board; if any supersession of that order is involved, the matter should be referred to the Railway Ministry. The posts of Assistant Accounts Officers shall ordinarily be filled by selection from Group C railway servants who have passed the departmental examination qualifying for promotion as Section Officer (Accounts), Inspector of Stores Accounts/Inspector of Station Accounts or are exempted from passing that examination.

211. Promotion by Limited Departmental Competitive Examination.—25% of the vacancies for which panel is required to be framed at any one time for Group B posts in

1. Civil Engineering Department
2. Mechanical Engineering Department
3. Electrical Engineering Department
4. Signal and Telecommunication Department
5. Transportation (Traffic) and Commercial Department
6. Stores Department
7. Account Department

are reserved for being filled through Competitive Examination limited to departmental candidates.

Note. - The details of the scheme and other instructions covering the various aspects are contained in the letters issued by the railway Ministry on the matter from time to time.

212. Conditions for making officiating promotions.

1. The number of Groups A & B officers on duty in a department shall not exceed the permanent duty strength sanctioned for that department.
2. If in the case of departments having their own leave reserve, the number of Group A & B officers on duty exceeds the number of working posts, due to the number of officers on leave at any time being less than the leave reserve, the excess is permissible; but if it becomes frequent the matter may be referred to the Railway Ministry to examine the reduction of leave reserve in the cadre.
3. If in any circumstances the number of officers on duty in permanent posts of grades higher than the Group B Service exceeds the sanctioned number of permanent working posts for these grades, no officiating promotion to the Group B Service shall be made so long as such excess exists.

213. Officiating promotions in Group B posts.—Subject to the provision of Rule 212 the General Manager may order officiating promotions in Group B in the following circumstances:-

1. When a Group B officer is absent on leave, deputation or foreign service or filling a post in Group A (Senior Scale).
2. When a number of Group A & B railway servants available for duty falls below the number of duty posts sanctioned for each department, provided that in cadres for which a leave reserve is sanctioned such deficiency is not caused by Group A & B officers in excess of the leave reserve being on leave.
3. When an officer belonging to a cadre mentioned in sub-rule (2) above is absent on leave preparatory to retirement, or is under orders of transfer and takes leave before joining the railway to which he is transferred.
4. In departments in which the actual number of officers other than specialists and officers in Group B is in excess of the total permanent cadre sanctioned for them, officiating promotion may be made to Group B Service in place of those officers absent on leave from such departments to the extent of the difference between 14 percent of the actual number of such officers and the sanctioned leave reserve.
5. When there is a permanent vacancy in the Group B cadre or a permanent post is vacant in higher grade.

214. Powers of General Managers in making officiating promotions.—The General Manager may appoint

1. a Group C railway servant to officiate in Group B cadre.
2. a Group B officer to officiate in Group A, Senior Scale on ad-hoc basis for a continuous period not exceeding one year on each occasion when circumstances warrant such course except to the posts of Security Officer, Law Officer, Hindi Officer, Chemist and Metallurgist, Public Relations Officer and Superintendent (Printing & Stationery);

   Railway Ministry’s Decision. - "Group 'B' Officers will be considered for ad-hoc promotion to Senior Scale when Group 'A' (Junior Scale) Officers with 3 years of service in Junior Scale are not available".

3. an officer in Junior Scale Group A to officiate in Senior Scale, provided that such officer who has not passed the efficiency bar may be so appointed only, if
   1. an officer who has passed the E.B. is not available ; or  
   2. the vacancy is not expected to exceed three months;
4. a Senior Scale officer to officiate in Junior Administrative post

   Provided that such appointments are made on ad-hoc basis upto two vacancies of 46 days each or one vacancy not exceeding 90 days; and

   Provided that if the officer is promoted to this grade for the first time it shall require the approval of the Ministry of Railways.

5. Except for the first time, a Group A officer to officiate as Divisional Railway Manager or Addl. Divisional Railway Manager, or Additional Head of Department.
6. Substantively, an Assistant Officer to the divisional grade Provided such promotions are made in strict order of seniority subject further to the condition that no officer shall be so promoted unless he has rendered not less than eight years of total service and has been declared fit to cross the efficiency bar in the junior scale.

   Note.—The period of 8 years of total service will also include the two years of training in the case of direct recruits. In respect of promoted gazetted railway servants all those placed in the Seniority list above the last direct result who fulfils the above condition will receive confirmation.

Recruitment Training and Promotions of non-gazetted Railway servants

215. Authorities competent to make first appointment.—The authorities competent to make first appointments to non-gazetted posts in the offices detailed below shall be as shown against each

Provided that

1. No appointment shall be made unless a sanctioned post exists against which it can be made;
2. The authorities empowered by or under this rule to make first appointments, may, subject to such condition as they may impose, re-delegate to a lower authority the power to appoint Grade D railway servants.

216.

1. Group C and Group D posts on Indian Railways and other Railway Administration shall be filled in either of the following ways according to the relevant recruitment rules or other extant orders, if any
   1. by direct recruitment;
   2. by promotion;
   3. by transfer of suitable staff, if necessary, from other Government offices.
2. Direct recruitment to Railway Services, Group C shall be made through the agency of the railway Recruitment Board unless otherwise specially authorized by the Railway Board.

217. Recruitment of Group C and Group D staff. - The rules for the recruitment of non-gazetted railway servants are contained in the Indian Railway Establishment Manual.

218. Nationality.

1. A candidate for appointment to Railway Services must be
   1. a citizen of India , or
   2. a subject of Nepal, or
   3. a subject of Bhutan, or
   4. a Tibetan refugee who came over to India before 1st January,1962, with the intention of permanently settling in India, or
   5. a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, the East African Countries of Kenya, Uganda and the United Republic of Tanzania or from Zambia, Malawi, Zaire, Ethopia and Vietnam with the intention of permanently settling in India:

      Provided that a candidate belonging to categories (b), (c), (d) and (e) above shall be a person in whose favour a certificate of eligibility has been issued by Government of India.

2. A candidate in whose case a certificate of eligibility is necessary may be admitted to the examination but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government of India.

General Conditions for Recruitment

219. The recruitment rules may provide inter-alia for

1. qualifications, age and the scales of pay applicable for the various posts in the service and important conditions of service, like leave, pension, non-contributory Provident Fund benefits, etc
2. no male candidate who has more than one wife living or no female candidate who has married a person having already a wife living shall be eligible for appointment to a railway service, unless the competent authority exempts the candidate from the operation of this rule.
3. Proportion of vacancies to be filled by direct recruitment and promotion of railway servants from subordinate services;
4. In the case of probationers, consequences of failure to pass prescribed departmental examinations, if any, e.g. loss of appointment, stoppage of increments etc.
5. passing obligatory language examination whenever prescribed in the recruitment regulations for each service in Group ‘A’.

Note. - In the case of recruitment to Group A and B posts, the rules should be published in the Gazette of India in the section allotted to the Statutory rules and Orders, viz., Part II Section 3.

220. Special reservations.—The recruitment to Railway Services shall be subject to the reservation of vacancies in favour of Scheduled Castes and Scheduled Tribes as laid down by the Government of India from time to time.

221. Oath of allegiance.—All new entrants to service must take oath before the head of department/office or a gazetted railway servant nominated by him. Conscientious objector of oath taking may make solemn affirmation. The oath taking or affirmation shall be in the following form.

"I .................................. do swear/solemnly affirm that I will be faithful and bear true allegiance to India and to the Constitution of India as by law established and that I will carry out the duties of my office loyally, honestly and with impartially, so help me God".

222. Medical certificate of health.

1. Except as provided in sub-rule (2) to (7) of this rule, no person shall be substantively appointed to a permanent post in railway service without the production of medical certificate of health in accordance with the rules prescribed by the President in the case of Group A & B railway servants and by the Railway Ministry in the case of Group C & D railway servants.
2. Retrenched personnel, on re-employment, shall not be required to undergo the medical examination prescribed for candidates on their first appointment.
3. A railway servant recruited though a competitive examination who had to undergo medical examination in accordance with the regulations prescribed for appointment to the service or department concerned shall be exempted from producing a medical certificate of health.
4. Before appointments are made to Group D posts in the office of the Railway Board and its attached and subordinate offices in Delhi and elsewhere, the prospective appointees shall be required to produce a medical certificate of health from one of the Civil Medical Officers in Delhi in the case of appointments in Delhi, and from such railway or other medical officers as may be nominated by the appointing authorities under the powers delegated to them by the Railway Ministry in the case of appointments elsewhere. This applies not only to substantive appointments to permanent posts but also to appointments in temporary vacancies likely to last more than three months.
5. A person engaged against a temporary vacancy of less than three months duration in Group C service or Group D service and workshop and shed staff need not be required to undergo prescribed medical examination except when such a railway servant is subsequently retained against a temporary post or is transferred without a break to another office and the total period of continuous service under Government is expected to last for more than three months, he shall be required to produce such a certificate within a week from the date of the orders sanctioning his retention in that department or joining the new office.
6. A temporary railway servant who has already been medically examined in one office, if transferred to another office without break in service, and a retired railway servant re-employed immediately after retirement, shall not be required to undergo the medical examination prescribed for such persons.
7. A person re-employed after resignation should be exempted from producing a medical certificate of fitness if the resignation was for taking up another appointment under Government or Quasi-Government body for which he applied with the approval of and through the appropriate departmental authority, provided that he was medically examined by the competent medical authority and declared fit according to the medical standards not lower than those required in his new post.

   Note 1.—The regulations for the medical examination of candidates appointed for non-gazetted railway service, and for the periodical tests of physical fitness of non-gazetted railway servants employed on Railways and other establishments are contained in the Indian Railway Establishment Manual.

   Note 2.—The regulations for the medical examination of candidates for admission to railway Services, Group A are included in the Recruitment rules.

   The candidates, who are kept under observation in Railway Hospitals at the instance of the Medical Board, will have to bear the hospital stoppage charges including diet charges, X-ray charges, etc.

   Note 3.—A deaf or deaf-mute person who is otherwise fit and qualified to hold a group C or Group D post may be considered for appointment to a post where this can be done without much detriment to efficiency and the deaf-muteness or deafness is not likely to hamper the work or to enhance the occupational risks to the worker himself or to others. Such a person may not be appointed in places where there is a danger to the safety of such persons, e.g. in sheds and workshops or in station yards, along railway tracks and on bridges, etc.

   Note 4.—Stammering is not to be regarded as disqualifications for office clerical staff who do not have to come in direct contact with public.

   Note 5.—There should be no bar to the admission into clerical service on Railways of a candidate (either sex) who is blind in one eye. The guiding consideration should generally be whether the candidate’s vision is adequate for the performance of duties attached to the service or post and whether undue risk attaches in his/her being accepted for appointment.

   Government of India’s decisions.

   1. The proceedings of a medical examination conducted by a Medical Officer or a Medical Board constituted to examine a railway servant, or a candidate for railway service, could be treated as confidential. Candidates recommended to be disqualified by a Medical Board or a Medical Officer should not be informed of the reasons which led the Board or officer to recommend disqualification. This procedure should be carefully observed.
   2. In cases, however, where a Medical Officer or a Medical Board considers that minor disability disqualifying a candidate for railway service can be cured by treatment (Medical or Surgical) a statement to that effect is recorded by the Medical Officer or the Medical Board, as the case may be. There is no objection to a candidate being informed of the Medical opinion to this effect by the Administration and when a cure has been effected it will be open to the Administration to ask for another medical examination.

223. First-Aid.—The railway servants in categories which the General Manager may prescribe, will in addition, be required to acquire an approved certificate of competency in First-Aid. They will keep their knowledge in First Aid alive during the entire period of their service through refresher courses at intervals that may be prescribed from time to time.

224. Service Agreements.—Special Class Apprentices on Railways shall be required to execute a service agreement with the President at the time of his appointment as a Probationer in IRSME. Railway servants appointed for a limited period may also be required to execute an agreement. All agreements shall be stamped, the cost being borne by the railway servant concerned.

Note. - In the case of all railway servants the offers of appointment should stipulate inter-alia that in all matters not specifically provided herein, or in the recruitment rules, they will be governed by the provisions of the Indian Railway Codes and other extant orders as amended/issued from time to time.

225. Date of Birth.

1. Every person, on entering railway service, shall declare his date of birth which shall not differ from any declaration expressed or implied for any public purpose before entering railway service. In the case of literate staff, the date of birth shall be entered in the record of service in the railway servant’s own handwriting. In the case of the illiterate staff, the declared date of birth shall be recorded by a senior railway servant and witnessed by another railway servant.
2. A person who is not able to declare his age should not be appointed to railway service.
3.  
   1. When a person entering service is unable to give his date of birth but gives his age, he should be assumed to have completed the stated age on the date of attestation, e.g. if a person enters service on 1st January, 1980 and if on that date his age was stated to be 18, his date of birth should be taken as 1st January, 1962.
   2. When the year or year and month of birth are known but not the extra date, the 1st July or 16th of that month, respectively, shall be treated as the date of birth.
4. The date of birth as recorded in accordance with these rules shall be held to be binding and no alteration of such date shall ordinarily be permitted subsequently. It shall however, be open to the President in the case of a Group A & B railway servant, and a General Manager in the case of a Group C & D railway servant to cause the date of birth to be altered.
   1. Where in his opinion it had been falsely stated by the railway servant to obtain an advantage otherwise in admissible, provided that such alteration shall not result in the railway servant being retained in service longer than if the alteration had not been made, or
   2. where, in the case of illiterate staff, the General Manager is satisfied that a clerical error has occurred, or
   3. where a satisfactory explanation (which should not be entertained after completion of the probation period, or three years service, whichever is earlier) of the circumstances in which the wrong date came to be entered is furnished by the railway servant concerned, together with the statement of any previous attempts made to have the record amended.

   Railway Ministry’s decision.

   1. When a candidate declares his date of birth he should produce documentary evidence such as a Matriculation certificate or a Municipal birth certificate, if he is not able to produce such an evidence he should be asked to produced any other authenticated documentary evidence to the satisfaction of the appointing authority. Such authenticated documentary evidence could be the School Leaving Certificate, a Baptismal Certificate in original or some other reliable document. Horoscope should not be accepted as an evidence in support of the declaration of age.
   2. If he could not produce any authority in accordance with (a) above he should be asked to produce an affidavit in support of the declaration of age.
   3. In the case of Group D employees care should be taken to see that the date of birth as declared on entering regular Group D service is not different from any declaration expressed or implied, given earlier at the time of employment as casual  labourer or as a substitute.

      Note.—The source/basis on which the date of birth has been recorded in the Service Records of the employee at the time of entering service may be recorded below the date of birth recorded.

226. Transfers. - Ordinarily, a railway servant shall be employed throughout his service on the railway or railway establishment to which he is posted on first appointment and shall have no claim as of right for transfer to another railway or another establishment. In the exigencies of service, however, it shall be open to the President to transfer the railway servant to any other department or railway or railway establishment including a project in or out of India. In regard to Group C and Group D railway servants, the power of the President under this rule in respect of transfer, within India may be exercised by the General Manager or by a lower authority to whom the power may be re-delegated. 

Railway Ministry’s decision.—Requests from railway servants in Groups C & D for transfer from one railway to another on grounds of special cases or hardships may be considered favourably by the railway administration. Such staff transferred at their request from one railway to another shall be placed below all existing confirmed and officiating staff in the relevant grade in the promotion group in the new establishment, irrespective of date of confirmation or length of officiating service of the transferred employees.

(Railway Ministry’s letter No. E. 55SR/6/6/3 dated 19th May, 1955).

227. A competent authority may transfer a Railway servant from one post to another provided that, except:-

1. On account of inefficiency or misbehaviour, or
2. On his written request,

   A Railway servant shall not be transferred to, or except in a case or dual charge, appointed to officiate in a post carrying less pay than the pay of the post on which he holds a lien.

[Authority : Rly. Board’s Letter No. E(NG)I-98/CN5/2 dt. 5.2.99 (RBE 6/1999)]

228. Retention of lien on transfer. - The lien of a permanent staff transferred to another railway will be retained by the transferring railway till he is finally absorbed on the other railway.

229. Transfer on request. - Transfers ordered in the interest of employees shall be within the same seniority group, or different group or a mutual exchange. If such transfers are within the same seniority group under the same railway the seniority is not affected but if the transfers are inter divisional or outside the seniority group, the railway Ministry’s decision below rule 226 for inter railway transfers shall apply.

230. Transfer on mutual exchange. - In case of mutual exchange, the senior or the two employees will be given the place of seniority vacated by the other person. The junior will be allowed to retain his former seniority and shall be fitted into the seniority below the persons having the same seniority.

231. Transfer from one department to another. - Person employed in one department shall not be eligible for employment in another except with the previous consent of the head of the department in which they are employed. Without such prior consent the head of an office or department shall not employ a person either temporarily or permanently, if he knows or has reasons to believe that such persons belongs to another establishment under Government. A railway servant who takes up a new employment without the consent of the head of department commits a breach of discipline and is liable to be punished. Divisional Railway Managers, may, however, transfer Group D employees (Peons, Gangmen, Khalasi, unskilled and semiskilled, etc.) from one department to another or from one Division to another.

232. Transfer on public grounds.

1. When a railway servant is transferred otherwise than for the public convenience, a copy of the order of transfer shall be sent to the Account s Officer with the endorsement stating the reasons of the transfer. In the absence of such an endorsement the Accounts Officer shall assume that the rail servant has been transferred for the public convenience. 
2. In the case of railway servants in Groups C & D a certificate from the head of the office may be accepted in lieu of the copy of the order prescribed in clause (a).

233. Charge of Office. - Unless for special reasons (which must be of a public nature ) the authority under whose orders the transfer takes place permits or requires it to be made in any particular case elsewhere, or otherwise, the charge of an office must be made over at its headquarters, both the relieving and relieved railway servants being present.

Note. - In respect of railway servants posted abroad, Railway Ministry’s sanctions necessary to allow them to make over or resume charge of office elsewhere than at headquarters.

(Railway Ministry’s letter No. F(E)61 FR-81 dated 21st Sept. 1961.)

234. Headquarters of a Railway servant.

1. As a general rule, and subject to any special orders to the contrary in particular cases, the headquarters of a railway servant on the staff of the Railway Ministry are the headquarters, for the time being of the Government of India.
2. The headquarters of any other railway servant are either the station which has been declared to be his headquarters by the authority competent to prescribe his headquarters for the purpose of travelling allowance, or in the absence of such declaration, the station where the records of his office are kept.

Note.—An officer under suspensions regarded as subject to all other conditions or service applicable generally to Railway servants and cannot leave the station without prior permission. As such, the headquarters of a Railway servant should normally be assumed to be his last place of duty. However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put the Railway Administration to any extra expenditure like grant of travelling allowance or other complications.

235. Leaving jurisdiction.

1. No railway servant is entitled to pay or allowances for any time he may spend beyond the limits of his charge without proper authority.

   A Financial Adviser and Chief Accounts Officer may pass pay and allowances to the General Manager of a Railway under the latter’s own orders for any period during which he may be absent from his jurisdiction on duty.

236. Casual Leave. - Casual leave is not recognized and is not subject to any rule. Technically, therefore, a railway servant on casual leave for half a day or full day is not treated as absent from duty, and his pay is not intermitted. Casual leave, however, must not be given so as to cause evasion of the rules regarding

1. date of reckoning pay and allowances,
2. Change of office,
3. commencement and end of leave, and
4. return to duty

or so as to extend the term of leave beyond the time admissible by rule.

Note.- Full pay is admissible to a railway servant on casual leave. If in any case less than full pay is allowed, it would amount to an imposition of a penalty not provided for in the Discipline and Appeal Rules.

Other General Conditions of Service

237. Whole time of railway servant at the disposal of Government. - Unless in any case it be otherwise distinctly provided, the whole time of railway servant is at the disposal of the Government which pays him, and he may be employed in any manner required by proper authority, without claim for additional remuneration, whether the services required of him are such as would ordinarily be remunerated from the Consolidated Fund of Government of India, from a local fund or from the funds of a body incorporated or not, which is wholly or substantially owned or controlled by the Government.

238. Omitted.

[Authority : Rly. Board’s Letter No. E(NG)I-98/CN5/2 dt. 5.2.99 (RBE 6/1999)]

239. Unless in any case it is otherwise provided in these rules, a Railway servant on acquiring a lien on a post will cease to hold the lien previously acquired on any other post.

[Authority : Rly. Board’s Letter No. E(NG)I-98/CN5/2 dt. 5.2.99 (RBE 6/1999)]

240. Railway servant who has acquired lien on a post retains the lien on that post

1. while performing the duties of that post;
2. while on foreign service, or holding a temporary post, or officiating in another post;
3. during joining time on transfer to another post, unless he is transferred alongwith his title to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the earlier post; and
4. while on leave; and
5. while under suspension;

   Provided that no lien of a railway servant shall be retained;

   1. where a Railway servant has proceeded on immediate absorption basis to a post or service outside his service/cadre/post in the Government from the date of absorption; and
   2. On foreign service/deputation beyond the maximum limit admissible under the orders of the Government issued from time to time.

      [Authority : Rly. Board’s Letter No. E(NG)I-98/CN5/2 dt. 5.2.99 (RBE 6/1999)]

241. Omitted.

[Authority : Rly. Board’s Letter No. E(NG)I-98/CN5/2 dt. 5.2.99 (RBE 6/1999)]

242. Termination of Lien.

1. Except as provided in Rule 240 and clause (b) of this rule, a Railway servant's lien on a post may in no circumstances be terminated, if the result will be to leave him without a lien upon a regular post.
2. A Railway servant's lien on a post shall stand terminated on his acquiring a lien on another post (whether under the Central Government or State Government) outside the cadre on which he is borne.

   [Authority : Rly. Board’s Letter No. E(NG)I-98/CN5/2 dt. 5.2.99 (RBE 6/1999)]

243. Subject to the provisions of Rule 227 a competent authority may transfer to another post in the same cadre, the lien of a Railway Servant who is not performing the duties of the post to which the lien relates.

[Authority : Rly. Board’s Letter No. E(NG)I-98/CN5/2 dt. 5.2.99 (RBE 6/1999)]

244. Forwarding of application to another post in railway service or outside the Railways. - Permission to a railway servant to submit an application for a post, to appear for an examination for a post, or to transfer his services to another post in railway service or in another office or Department under the Government of India or under a State Government shall not ordinarily be refused unless the head of the office or department in which he is employed considers that the grant of permission would not be consistent with the interests of the public service.

Railway Ministry’s decision.

1. The applications from serving employees for employment elsewhere submitted otherwise than in response to advertisements or circulars inviting applications, should not be forwarded.

   ( E(NG)65-RC-1/186 dated 29-1-1966.)

2. The lien of a permanent Railway servant appointed under another Central/State Government or office may be retained on the Railway for a period of two years (three years in exceptional cases). If he is not permanently absorbed within this period in the new post, he should immediately on expiry of the said period, either resign from the Railway service or revert to his parent office. Applications should be forwarded only if an undertaking to abide by these conditions is given by the staff concerned.

   [ E(NG)I-96/AP/2 dated 18-12-2000(RBE 219/2000)]

3. Railway servants may apply in response to open or public advertisement of vacancies by the International Organisations and foreign Governments with the prior permission of the cadre controlling authority concerned. In rare cases, when the time available for submitting the application is short, Railway servant may sent his application to the concerned agency in advance with a copy to his cadre controlling authority and this may be confirmed or withdrawn subsequently depending on the decision of the authority. The cadre controlling authorities would consider each case only from the point of view whether the railway servant could be spared or not; no other general considerations should be applied in taking a decision in the case. A Railway servant may be permitted to apply in response to a public advertisement even if he has completed the permitted number of years he can spend in international/foreign assignment in his career. However, in such a case, he would have to resign or take retirement from Government service on selection. A Railway servant applying for an international assignment in response to public advertisement will not be given the status of 'official nominee' for the assignment. Correspondence relating to the grant or denial of permission will be between the railway of permission will be between the Railway servant concerned and the cadre controlling authority/Government and latter will not correspond with the International Organisation/Foreign Govt. on the subject.

(Authority: Board’s Letter No. E(NG)I-96/AP/2(3) dated 16.8.99 (RBE 205/1999) based on Department of Personal and Training’s Letter No. F.18/10/91/FA(UN) dated 20-6-91.)

CHAPTER 3

TERMINATION OF SERVICE

301. Termination of service and period of notice

1. Temporary railway servants. - When a person without a lien on a permanent post under Government is appointed to hold a temporary post or to officiate in a permanent post, he is entitled to no notice of the termination of his service if such termination is due to the expiry of the sanction to the post which he holds or the expiry of the officiating vacancy, or to his compulsory retirement due to mental or physical incapacity or to his removal or dismissal as a disciplinary measure after compliance with the provisions of Clause (2) of Article 311 of the Constitution of India. If the termination of his service is due to some other cause, he shall be entitled to one month’s notice provided he was engaged on a contract for a definite period and the contract does not provide for any other period of notice; and to a notice of 14 days if he was not engaged on a contract. Temporary railway servants with over three years continuous service, shall, however, be entitled to a month’s notice. The periods of notice specified above shall apply on either side, and steps should be taken to bring this condition to the notice of the railway servants concerned.

   Note.—(1) Show cause notice is necessary for the termination of the service of permanent railway servants.

2. Apprentices. - Except as otherwise provided in his service agreement, the service of an apprentice shall be liable to termination on one week’s notice.
3. Certain other railway servants.—The services of certain other railway servants specified below shall be liable to termination on notice on either side for the periods shown against each. Such notice is not, however, required in cases of dismissal or removal as a disciplinary measure after compliance with the provisions of clause (2) of Article 311 of the Constitution and compulsory retirement due to mental or physical incapacity.

   (a)	Probationary officers and Group A & Group B railway servants on Probation	3 month’s notice
   (b)	Gazetted railway servants on probation in the Medical department.	1 month’s notice
   (c)	Group C and Group D railway servants on probation	1 month’s notice

4. The service of any of the railway servants mentioned in clauses (1), (2) and (3) who is entitled to a notice of stipulated period may be terminated forthwith and on such termination the railway servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the stipulated period of notice at the same rates at which he was drawing them immediately before the termination of his service, or, as the case may be, for the period by which such notice falls short of the stipulated period of notice.

   Note. - The appointing authorities are empowered to reduce or waive, at their discretion the stipulated period of notice to be given by a railway servant but the reason justifying their action should be recorded. This power cannot be re-delegated.

5. The notice of termination of service or order of forthwith termination of service as the case may be, under this rule should be given by an authority not lower than the appointing authority.
6. Notwithstanding anything contained in clauses (1), (2) and (4) of this rule, if the Railway servant or Apprentice is one to whom the provisions of the Industrial Disputes Act 1947, apply, he shall be entitled to notice or wage in lieu thereof in accordance with the provisions of that Act.

   Note.—No notice of termination will be necessary in a case where temporary railway servant is deemed to have resigned his appointment and ceased to be in employment if such a person remained absent on extraordinary leave beyond a limit of 5 years for whom no show cause notice is required as in the case of permanent railway servants.

302. Resignation

1. In no circumstances shall the resignation of a railway servant whose conduct is under investigation be accepted without the sanction of the authority competent to dismiss him. In cases in which a railway servant has committed an offence for which the penalty is dismissal of removal from service, no suggestion should be made to him to tender his resignation.
2. Subject to the provisions of sub-rule (1) the resignation of Group A & B railway servants, other than those holding administrative post, serving on railways may be accepted by the General Manager. The acceptance of resignation of all other Group A railway servants shall require the sanction of the President. All such resignations of Group A & Group B railway servants on Indian Railways/Production Units shall be reported to the railway Ministry.

   Railway Ministry’s decision.—When a Railway servant working on an important post resigns and it would take time to make alternative arrangements for filling the post, the resignation should not be accepted immediately, but only when alternative arrangements for filling the post have been made.

   (Railway Ministry’s letters No. E(NG)64RE 1/36 dated 26-10-66 and E(NG)65 AG dated 30-6-66.)

3. Subject to the provisions of Sub-rule (1), the resignation of a Group C & D Railway servant may be accepted by the authority competent to fill the post held by him at the time of resignation.

303. Discharge on reduction of establishment

1. No railway servant may be discharged on reduction of establishment excerpt under the orders of the authority competent to abolish the permanent post held substantively by him or of the authority which appointed him to that post, whichever is the higher authority.
2. Subject to any general orders issued by the President the selection of pensionable railway servants to be discharged upon reduction of establishment shall be so made as to involve the least charge on ac count of compensation pension.

304. Termination of service on account of inefficiency due to failure to conform to the requisite standard of physical fitness.

1. A Railway servant who fails in a vision test or otherwise by virtue of disability acquired during service and becomes physically incapable of performing the duties of the post which he occupies should not be dispensed with or reduced in rank, but should be shifted to some other post with the same pay scale and service benefits.
2. A Railway servant falling in Clause (1) above ceases to perform the duties of the post he is holding from the date he is declared medically unfit for the present post. If such a Railway servant cannot be immediately adjusted against or absorbed in any suitable alternative post he may be kept on a special supernumerary post in the grade in which the concerned employee was working on regular basis before being declared medically unfit, pending location of suitable alternative employment for him with the same pay scale and service benefits; efforts to locate suitable alternative employment starting immediately.

   [Authority: Section 47(1) of The Pensions with Disabilities (Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995 and Ministry of Railways letter No. E(NG)I/96/RE3/9 (1) dated 29-4-1999 RBE No. 88/99 ACS No. 71]

   Note.—The term ‘former emoluments’ in the case of running staff will include 40% of pay in the revised scales of pay.

Railway Ministry’s decisions.

1. Where a temporary employee has become medically unfit for the post held by him on account of circumstances arising out of and in the course of his employment, the employee should be granted leave due plus extraordinary leave so as to make a total period of 6 months within which alternative employment must be found.
2. Where a temporary employee has become medically unfit for the post held by him on account of circumstances which did not arise out of and in the course of his employment, the benefit under this rule will not be admissible. It has, however, been decided that while it is strictly not obligatory to find alternative employment for such an employee, every effort should nonetheless be made to find alternative employment. The employee concerned should be granted such leave as is due to him plus extraordinary leave not exceeding 3 months, the total not exceeding 6 months. If no alternative employment can be found in this period, the employee should be discharged from service.
3. The above rule is applicable only to permanent staff and if alternative appointment is found for temporary staff it should regarded as a purely ex-gratia measure.
4. The Medically de-categorised Railway employee waiting for absorption in alternative post may be allowed to commute the period of LHAP on production of medical certificate, subject to certification that the employee is not fit to hold the post from which he proceeded on leave. The commutation will, however, be admissible only up to the stage that an alternative post is offered to him by the administration.

CHAPTER 4

EXTENSION OF SERVICE AND RE-EMPLOYMENT OF PERSONS PREVIOUSLY IN GOVERNMANT SERVICE

401. General.

1. No extension of service/re-employment shall be granted as a rule or a Railway servant beyond the age of 58 { Age of retirement is 60 Years } years save in exceptional circumstances with the approval of Ministry of Railways.
2. During the period of extension of service, Railway servants will be governed by the conditions of service applicable to them before the date of superannuating.
3. The terms and conditions for re-employment shall be prescribed by the Railway Ministry from time to time.

402. No person who has been dismissed from Government service or convicted for a criminal offence shall be re-employed, without the sanction of the President, or if the employment or re-employment is to a Group C or Group D post, without the sanction of the General Manager.

Note.—If a Railway servant who is dismissed, removed or compulsorily retired from service is to be re-employed by an authority vested with such powers either under this rule or delegations made thereunder this should not be done without the specific approval of the authorities indicated below:-

403. If a person seeking employment in Railway service is already in Government service or was formerly in such service, it shall be his duty to disclose this fact to the appointing authority and in the latter case give the reason for the termination of his service with Government.

404.

1. When a person who was formerly in civil, railway or military employment obtains re-employment, whether temporarily or permanently in railway service, it shall be incumbent on him to declare to the appointing authority the amount of any gratuity, provident fund or pension received by him in respect of his previous employment.
2. The attention of every railway servant who is re-employed shall be specially called to the provisions of this rule by the authority re-employing him, but the failure of such authority will not be admitted as a ground for condoning any breach of this rule. The Accounts Officer, whenever he becomes aware of such an appointment, shall also take steps to see that the provisions of this rule are complied with. 
3. The appointing authority should ensure that the application for re-employment is received through the existing Heads of Department or Heads Corporate Bodies owned or controlled by Government where necessary and that applications would not be entertained if a clearance certificate from the said employer is not produced by the applicant within the specified period of time - say 4 - 6 months.

   Note.—The detailed terms and conditions of re-employment regarding fixation of pay allowances, leave, increments, etc. are given in the Indian Railway Establishment Manual.

405. Criteria for grant of extension/re-employment to railway servants. - Extension of service/re-employment to railway servants after superannuating should be considered only in exceptional circumstances and in public interest keeping in view the following guide-lines:-

1. No proposal for extension of service/re-employment beyond the age of superannuation should ordinarily be considered. The over-riding consideration is that it must be clearly in the public interest and in addition it must satisfy one of the following two conditions:-
   1. that the in service officers are not ripe enough to take over the job; or
   2. that the retiring officer is of such outstanding merit that it is considered necessary to retain him in service further.
2. No extension of service/re-employment should be considered on the ground that suitable successor is not available unless it is established that action to select a successor had been taken well in advance, but the selection could not be finalized in time for justifiable reasons.
3. A proposal for the grant of extension of service/re-employment based merely on the consideration that the officer’s predecessors had been given extension/re-employment should obviously not be accepted.
4. Appointment of retired officers in the Board of Management of Company, Public Sector Undertakings or enterprise under the Ministry of Railways should not as a rule be proposed. In exceptional circumstances which would justify the appointment of a retired officer, a detailed justification should be given for the consideration of the Appointment Committee of the Cabinet.
5. To provide for any eventuality for curtailing the period of extension/re-employment, the order granting an extension of service/re-employment should include a clause providing for termination of service after three/one month’s notice at any time within the period of extension/re-employment.
6. No railway servant who is on extension of service after the prescribed date of retirement should be promoted to another post during the period of extension of service.
    

CHAPTER 5

LEAVE RULES

501. Short title. - These rules may be called the Railway Services (Liberalised Leave) Rules, 1949.

502. Extent of application.-These rules shall apply to-

1. Railway servants appointed on or after 1st February 1949;
2. Railway servants, appointed prior to 1st February 1949 who have elected to be governed by these rules; and
3. Others who are brought under these rules by special orders;
4. a temporary Railway servant who has completed 3 years continuous service shall be entitled, from the date of completion of 3 years continuous service, to the same conditions of service in respect of question of leave (including leave salary) as he would have been entitled to if he has a lien on the post in which he was initially appointed.

General Conditions

503. Right of leave.- Leave cannot be claimed as of right and leave of any kind may be refused or revoked by the authority* competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Railway Servant. * See schedule

Railway Ministry's decision.- The above provisions are not, however, intended to be so used as in effect to abridge the employees' leave entitlements. It is desirable in the interests of efficiency that employees take leave at suitable intervals and return to work keen and refreshed. The leave sanctioning authority should draw a phased programme for the grant of leave to the applicants by turns with due regard to the priority of claims to leave at the same time ensuring for adequate presence of staff so that no dislocation in the normal working of establishment is caused.

504. Effect of dismissal, removal or resignation on leave at credit.-

1. Except as provided in rules 541 and this rule, any claim to leave to the credit of a railway servant, who is dismissed or removed or who resigns from railway service ceases from the date of such dismissal or removal or resignation.
2. Where a railway servant applies for another post under the Government of India but outside the Railways, if such application is forwarded through proper channel and the applicant is required to resign his post before taking up the new one, such resignation shall not result in the lapse of the leave to his credit.
3. A railway servant who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to count for leave his service prior to dismissal, or removal, as the case may be.
4. A railway servant, who having retired on compensation or invalid pension or gratuity is re-employed and allowed to count his past service for pension or State Railway Provident Fund benefits, as the case may be, shall be entitled to count his former service towards leave.

Railway Ministry’s decision.

Break in service due to strike. -Strike may be divided into two categories -

1. Legal strikes, i.e. those which have been called after complying with the provision of Industrial Disputes Act, 1947 and
2. Illegal strikes, i.e. those in which the preliminaries to the calling of legal strike have not been observed.

   Strikes falling under (a) above do not constitute a break in service and it would be appropriate for the Railway administrations to treat the period of absence as leave with or without allowances as the case may be without reference to the Railway Board.

   In case of illegal strikes however the absence of the employees concerned is tantamount to a break in service and cannot be condoned without the sanction of the President

   When a break in service due to participation in an illegal strike is condoned by the President as dies non i.e. neither constituting a break in service nor counting as service such a period is deleted as being non-existing in so far as the particular employee or employees are concerned and therefore the status quo ante the interregnum is restored in all respects from the date following the last day of the period treated as dies non. In other words service, prior to the break so condoned will be treated as continuous with the service after the break itself for all purposes but the period of break itself will not be taken into account for any purpose.

   (Case No.E48 ST/191(L) & E 51.ST/1-44.)

505. Conversion of one kind of leave into another.

1. At the request of a railway servant, made before he ceases to be in service, the authority which granted him leave may convert it retrospectively into leave of a different kind which was due and admissible to him at the time the leave was granted, but the railway servant cannot claim such conversion as a matter of right.

   Provided that no such request shall be considered unless received by such authority or any other authority designated in this behalf, within a period of 30 days of the concerned Railway Servant joining his duty on the expiry of the relevant spell of leave availed of by him.

   ** Proviso to sub-rule (1) added vide Railway Board's letter No. F(E)III/98/LE-1/1 dated 05-02-98 (ACS No. 57/R-I ).

2. The conversion of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the railway servant, that is to say, any amount paid to him in excess shall be recovered or any arrears due to him shall be paid.

   Note.- Extraordinary leave granted on medical certificate or otherwise may be converted retrospectively into 'leave not due' subject to the provision of rule 528.

ADVANCE CORRECTION SLIP NO. 57
INDIAN RAILWAY ESTABLISHMENT CODE, VOL. I (1985 EDITION)
(Reprint Edition, 1995)

Rule 505 of R-I

In the Rule 505 of Indian Railway Establishment Code, Volume -I (1985 Edition) after sub-rule (1) the following proviso shall be added namely :-

"Provided that no such request shall be considered unless received by such authority or any other authority designated in this behalf, within a period of 30 days of the concerned Railway Servant joining his duty on the expiry of the relevant spell of leave availed of by him."

[Authority : Railway Board's letter No. F(E)III/98/LE-1/1 dated 05-02-98 (RBE 29/1998)]

506. Commencement and end of leave.- Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day preceding that in which charge is resumed.

507. Combination of different kinds of leave.- Except as provided otherwise under these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.

Explanation.- Casual leave which is not recognised as leave under these rules shall not be combined with any other kind of leave admissible under these rules. There is, however, no objection to Casual Leave being followed by quarantine leave.

508. Combination of holidays with leave.-

1. When the date immediately preceding the day on which a railway servant's leave begins or immediately following the day on which his leave expires is a holiday or one of a series of holidays, the railway servant may leave his station at the close of the day before, or return to it one the day following such holidays, provided that -
   1. his transfer or assumption of charge does not involve the handing or taking over of securities or moneys other than a permanent advance;
   2. his early departure does not entail a correspondingly early transfer from another station of a railway servant to perform his duties; and
   3. the delay in his return does not involve a corresponding delay in the transfer to another station of the railway servant who was performing his duties during his absence or in the discharge from railway service of a person temporarily appointed to it.
2. In the case of leave on medical certificate :-
   1. when a Railway Servant is certified medically unwell to attend office, holiday(s) if any immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any immediately succeeding the day he is so certified (including that day) shall be treated as part of the leave; and
   2. when a Railway servant is certified medically fit for joining duty, holiday(s) if any, succeeding the day he is so certified shall be allowed automatically be allowed to be suffixed to the leave and holiday(s), if any, preceding the day he is so certified (including that day) shall be treated as part of the leave.
3. On condition that the departing railway servant remains responsible for the moneys in charge, the competent authority may in any particular case waive the application of clause (a) of proviso to the sub-rule(1)
4. Unless the authority competent to grant leave in any case otherwise directs-
   1. If holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the day after the holiday; and
   2. If holidays are suffixed to leave, the leave is treated as having terminated and any consequent rearrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.

      Railway Ministry's Decision.- All holidays notified locally by Railway Administrations may be treated as holidays for the purpose of rules 506 and 508. Since the declaration of holidays as recognised holidays rests with the President the lists of holidays should be approved by that authority.

      The above decision does not apply to offices which follow holidays declared by Central and Government or Union Territories.

      (Railway Ministry's case No. F43/HL(1) )

509. Employment during leave. - A Railway Servant on leave may not take any service or accept any employment without obtaining the previous sanction of-

1. the President if the proposed service of employment is outside India; and
2. the authority empowered to appoint him, if in India.

   Note - This does not apply to casual literacy work, or to service as an examiner or similar employment; nor does it apply to acceptance of foreign service with the sanction of the competent authority.

510. Maximum amount of continuous leave. - Unless the President, in view of the exceptional circumstances of the case otherwise determines, no Railway servant shall be granted leave of any kind for a continuous period exceeding 5 years.

Grant and return from leave

511. Application for leave. -An application for leave or for extension of leave shall be made to the authority competent to grant such or extension in the form at Annexure-I.

512. Grant of leave.- Priority of claim to leave. -In case where all application for leave cannot, in the interest of the public service, be granted, an authority competent to grant should, in deciding which applications should be granted, take into the account the following considerations-

1. The railway servants who can, for the time being best be spared.
2. The amount of leave due to the various applicants.
3. The amount and character of the service rendered by each applicant since he last returned from leave.
4. The fact that any such applicant was compulsorily recalled from his last leave.
5. The fact that any such applicant has been refused leave in the public interest.

Railway Ministry's Decision 1.- The order sanctioning leave on average pay/half average pay to Railway servant shall indicate the balances of such leave at his credit.

[E(P&A) 176 LE 3/1 dt.11-03-1977]

Railway Ministry's Decision 2.- In order to save time, effort and expense, it has been decided that instead of issuing individual leave orders should, as for as possible, be issued in a consolidated form for each category of staff separately, if not already being done. The consolidated leave orders may be issued once in a fortnight, say ,on 20^th of the month in respect of persons who proceeded on leave between 1^st and 15^th and on 5th of the next month in respect of those who proceeded on leave between 16^th and the last working day of the previous month. These dates may, if necessary be varied to suit local convenience. Exception may be made, if necessary, in the types of cases mentioned below :

1. Where the Railway servant and his leave sanctioning authority are located at different stations, and
2. Where officiating arrangement is to be made in the leave vacancy.

Where a Railway servant is proceeding on leave before the date of issue of the consolidate leave order, the act whether the leave applied for by him has been sanctioned or not may informally be ascertained from administration section by the individual concerned. The general principle should, however, be that after the leave has been recommended by the Railway servant's immediate controlling authority, the leave may be deemed to have been sanctioned unless he is given an intimation to the contrary.

513. Leave account. - A leave account shall be maintained in the prescribed forms for each railway servant by the Accounts Officer in the case of Group A and Group B railway servants and by the head of the office or an officer authorised by him in the case of Group C and Group D railway servants.

514. Verification of title to leave - The amount of leave due to a railway servant is the balance leave at his credit in the leave account. No leave shall be granted to a railway servant until a report regarding its admissibility has been obtained from the authority maintaining the leave account.

515. Leave when not to be granted. - Leave shall not be granted to a railway servant whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from railway service.

516. Recall to duty before expiry of leave. - In case a Railway servant is recalled to duty before the expiry of his leave, such recall to duty shall be treated as compulsory in all cases and the railway servant shall be entitled:-

1. If the leave from which he is recalled is in India, to be treated as on duty from the date on which he starts from the station to which he is ordered, and to draw-
   1. travelling allowance under rules made in this behalf for the journey; and
   2. leave salary until he joins his post, at the same rate at which he would have drawn it but for recall to duty.
2. If the leave from which he is recalled is out of India, to count the time spent on the voyage to India as duty for purposes of calculating leave, and to receive-
   1. leave salary, during the voyage to India and for the period from the date of landing in India to the date of joining the post at the same rate at which he would have drawn it but for recall to duty;
   2. a free passage to India;
   3. refund of his passage from India if he has not completed half the period of his leave by the date of leaving for India on recall, or three months, whichever is shorter;
   4. duty pass and travelling allowance, under the rules for the time being in force for travel from the place of duty.

517. Return to duty from leave.

1. A railway servant on leave shall not return to duty before the expiry of the period of leave granted to him, unless he is permitted to do so by the authority which granted him leave.
2. Notwithstanding anything contained in sub-rule (1), railway servant on leave preparatory to retirement shall be precluded from returning to duty save with the consent of the authority competent to appoint him to the post from which he proceeded on leave preparatory to retirement.
3. A railway servant who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness from the appropriate Medical authority.
4. A railway servant returning from leave is not entitled, in the absence of specific orders to that effect, to resume as a matter of course, the post which he held before going on leave.
5. Such railway servant shall report his return to duty to the authority which granted him leave or to the authority, if any specified in the order granting him the leave and await orders.

518. Absence after the expiry of leave.

1. Unless the authority competent to grant leave extends the leave, a railway servant who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account as though it were leave on half average pay, to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.
2. Wilful absence from duty after the expiry of leave renders a railway servant liable to disciplinary action.

519. Grant of leave on Medical Certificate.- General rules .

1. Medical Officers shall not recommend grant of leave in any case in which there appears to be no prospect that the railway servant concerned will ever be fit to resume his duties. In such cases the opinion that the railway servant is permanently unfit for railway service should be recorded in the Medical certificate. A railway servant in Group A or Group B should not be invalidated out of service on account of ill health except on the certificate of a Medical Board.
2. Every certificate of a Medical Officer recommending the grant of leave to a railway servant must contain a proviso that no recommendation contained in it shall be evidence or a claim to any leave not admissible to the railway servant under the terms of his contract or the rules to which he is subject. The certificate should be forwarded to the authority competent to grant the leave and the orders of that authority should be awaited.

520. Grant of leave on Medical certificate to Group A and Group B officers.

1. Before a railway servant in Group A or Group B is granted leave or an extension of leave, on medical certificate, he shall obtain a certificate in the following form :

   MEDICAL CERTIFICATE FOR RAILWAY SERVANTS (GROUP A & B) RECOMMENDED LEAVE OR EXTENSION OF LEAVE OR COMMUTATION OF LEAVE

   Signature of the Railway servant: ......................................

   I, ...................... after careful personal examination of the case hereby certify that Shri/ Shrimati/ Kumari................ whose signature is given above, is suffering from .................. and I consider that a period of absence from duty of ............ with effect from .............. is absolutely necessary for the restoration of his/her health.

   Date : ......................

   Medical Superintendent/ Divisional Medical Officer/ Authorised Medical Attendant.

   Note.-

   1. A certificate given by an Assistant Divisional Medical Officer will be acceptable only if countersigned by Divisional Medical Officer concerned.
   2. This form should be adhered to as closely as possible and should be filled in after the signature of the applicant has been taken. The certifying officer is not at liberty to certify that the applicant requires a change from or to a particular locality, or that he is not fit to proceed to particular locality. Such certificate should only be given at the explicit desire of the administrative authority concerned, to whom it is open to decide, when as application on such grounds has been made to him whether the applicant should go before a Medical Board to decide the question of his fitness for service.
   3. No recommendation contained in these certificates shall be evidence of a claim to any leave not admissible to the railway servant under the terms of his contract or of the rules to which he is subject.
2. Where, however, the authority competent to grant leave is not satisfied about the genuineness of a particular case, it will be open to such authority to secure a second medical opinion by requesting a Government Medical Officer/ Railway Medical Officer not below the rank of Civil Surgeon/ Medical Superintendent or Staff Surgeon/ Divisional Medical Officer to have the applicant medically examined on the earliest possible date.
3. It shall be the duty of the Divisional Medical Officer to express an opinion both as regards the facts of the illness and regards the necessity for the amount of leave recommended and for that purpose he may either require the applicant to appear before himself or before a Medical Officer nominated by himself.
4. The grant of medical certificate under this rule does not in itself confer upon the railway servant concerned any right to leave. The medical certificate shall be forwarded to the authority competent to grant leave and orders of that authority awaited.
5. The authority competent to grant leave may at its discretion, waive the production of medical certificate in case of application for leave for a period of not exceeding 3 days at a time. Such leave shall not, however, be treated as leave on medical certificate and shall be debited against leave other than on medical grounds.

521. Grant of leave on Medical Certificate to Group C & D Railway Servants.

**{Commuted Leave/Leave on production of Medical Certificate by the Railway servants shall be regulated as follows :-

1. A Railway servant (Gazetted or Non-gazetted), on being a Central Government Health Scheme (CGHS)/Railway Health Services (RHS) beneficiary and living in an area covered by the CGHS/RHS at the time of illness, shall be required to produce a Medical/Fitness Certificate in the Form prescribed in Annexure XI of Rule 538 and 541 of Indian Railway Medical Manual, Volume I, Third Edition 2000, either from an authorized CGHS Medical Officer or a Railway/ Government Authorized Medical Officer.

   In circumstances where the Railway Doctor's line visits do not materialize, the Railway employees who are covered by the line jurisdiction of the Railway doctor and who have fallen ill, may obtain a Medical Certificate from a Registered Medical Practitioner (RMP) subject to the condition that if the leave applied for on medical grounds is for more than 3 days, the employee should report to the Railway doctor if he is fit to travel or send intimation about his condition if he is bed-ridden, at such intervals as directed by the Railway doctor.

2. Railway servants (Gazetted or Non-gazetted), who are not CGHS/ RHS
   beneficiaries, (including those who have opted out of the CGHS/ RHS or are CGHS or RHS Card Holders, but at the time of illness are residing outside the jurisdiction of the CGHS/RHS facilities or take ill while being outside the Headquarters) are required to produce a certificate from his Authorized Medical Attendant provided that in the case of a Non-gazetted Railway employee, if no AMA is available within a radius of 8 kilometers of his residence or place of temporary stay outside the Headquarters, the leave sanctioning authority may, at its discretion, sanctio n Leave/ Commuted Leave on pr oduction of a Medical Certificate of sickness from the Registered Medical Practitioner, after satisfying itself of the facts / merits of the case.
3. In case of hospitalization/ Indoor treatment permitted in a private hospital recognized under the CGHS/Central Services (Medical Attendance) Rules, 1944 and Railway Medical Attendance Rules as contained in Indian Railway Medical Manual, Third Edition,  2000 (Corrected upto 30.9.99), a Railway servant (Gazetted or Non-gazetted), whether a CGHS/RHS beneficiary or not, may produce the requisite Medical/Fitness Certificate from the Authorized Medical Officer of such a hospital in case his hospitalization/ indoor treatment, is on account of the particular kind of disease (e.g. heart. cancer etc.) for the treatment of which the concerned hospital has been recognized by the Ministry of Health and Family Welfare. Th ere may be instances where an employee may be initially admitted to such a hospital at a stage when the disease has yet not been fully diagnosed and may subsequently established that the disease was not that, the suspicion of which prompted his/ her admission to the hospital. In such cases. the leave sanctioning authority, with the approval of the General Manager, may gra nt leave / Commuted leave on the basis of the certificate of sickness from the Authorized Medical Officer of such a hospital, if he is satisfied about the genuineness of the case.
4. In cases where a Non-gazetted Railway servant finds it difficult to obtain the
   Medical Certificate from a CGHS/RHS doctor or AMA in exceptional cases, the leave sanctioning authority, may consider grant of leave on the basis of the Medical/Fitness Certificate from an RMP after taking into account the circumstances of the specific case. Such a certificate should be, as nearly as possible, in the prescribed form as given in Annexure XI of Rule 538 and 541 of Indian Railway Medical Manual, Volume I, Third Edition 2000, and should state the nature of illness and the period for which the Railway servant is likely to be unable to perform his duties. The competent authority may, at its discretion accept the certificate, or in cases where it has reasons to suspect the bonafides, refer the case to the Divisional Medical Officer for advice or investigation. The Medical Certificate from Registered Medical Practitioner produced by the Railway servant in support of his/her application for leave may be rejected by the competent authority only after a Railway Medical Officer has conducted the necessary verifications and on the basis of the advice tendered by him after such verifications.
5. Certificate of fitness, in the case of employees working in the Zonal Railways and Field Units will continue to be governed by the provisions contained in Rule 538 and 541 of Indian Railway Medical Manual, Volume I, Third Edition 2000.

Note : Ordinarily, the jurisdiction of a Railway Medical Officer will be taken to cover Railway servant residing within a radius of 2.5 kilometres of the Railway Hospital or health unit to which the Doctor is attached, and within a radius of of one kilometre of a Railway Station of the Doctor's beat.}**

** substituted vide Railway Board's letter No. E(P&A)I-97/CPC/LE-7 dated 29.08.2002 (RBE 145/2002) ACS No. 85

Railway Ministry's Decision 1.- Where a Railway employee remained on medical leave up to and including 3 days duration and reported back for duty with a fitness from the medical practitioner, he may be allowed to join duty without obtaining fitness certificate from the Railway Medical Officer subject to the conditions that the employee furnished a declaration that he had not suffered during this period from any eye disease. In the other cases where the duration of the sickness is more than 3 days, the railway employee should be put back to duty within 24 hours on his producing fitness certificate from a private medical practitioner, provided he is found fit by the competent railway medical officer. In case there is any delay beyond 24 hours in obtaining the fitness certificate from the competent Railway medical Officer, the employee concerned will be deemed to have been put back to duty within 24 hours of his producing the medical certificate of the private medical officer.

(Rly. Ministry's letter No. E(G)78LE 1-17dt.18-1-1979)

Railway Ministry's Decision 2.- With a view to preventing misuse, the Railway administration may withdraw for specified periods (From 1^st April to 30^th June in Summer, from 1^st October to 15^th November during Diwali and when mass sick reporting is contemplated by staff of any department) the privilege of acceptance of medical certificate from Registered Medical Practitioners for grant of Medical Certificate to Group C and Group D Railway servants.

(No. E(G)72LE-1-11dt. 28-9-1972)

ADVANCE CORRECTION SLIP TO THE INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME-I, 1985 EDITION (REPRINT EDITION -1995)

Advance Correction Slip No. 85

The existing Rule 521 may be substituted with the following.

" Commuted Leave/Leave on production of Medical Certificate by the Railway servants shall be regulated as follows :-

1. A Railway servant (Gazetted or Non-gazetted), on being a Central Government Health Scheme (CGHS)/Railway Health Services (RHS) beneficiary and living in an area covered by the CGHS/RHS at the time of illness, shall be required to produce a Medical/Fitness Certificate in the Form prescribed in Annexure XI of Rule 538 and 541 of Indian Railway Medical Manual, Volume I, Third Edition 2000, either from an authorized CGHS Medical Officer or a Railway/ Government Authorized Medical Officer.

   In circumstances where the Railway Doctor's line visits do not materialize, the Railway employees who are covered by the line jurisdiction of the Railway doctor and who have fallen ill, may obtain a Medical Certificate from a Registered Medical Practitioner (RMP) subject to the condition that if the leave applied for on medical grounds is for more than 3 days, the employee should report to the Railway doctor if he is fit to travel or send intimation about his condition if he is bed-ridden, at such intervals as directed by the Railway doctor.

2. Railway servants (Gazetted or Non-gazetted), who are not CGHS/ RHS
   beneficiaries, (including those who have opted out of the CGHS/ RHS or are CGHS or RHS Card Holders, but at the time of illness are residing outside the jurisdiction of the CGHS/RHS facilities or take ill while being outside the Headquarters) are required to produce a certificate from his Authorized Medical Attendant provided that in the case of a Non-gazetted Railway employee, if no AMA is available within a radius of 8 kilometers of his residence or place of temporary stay outside the Headquarters, the leave sanctioning authority may, at its discretion, sanctio n Leave/ Commuted Leave on pr oduction of a Medical Certificate of sickness from the Registered Medical Practitioner, after satisfying itself of the facts / merits of the case.
3. In case of hospitalization/ Indoor treatment permitted in a private hospital recognized under the CGHS/Central Services (Medical Attendance) Rules, 1944 and Railway Medical Attendance Rules as contained in Indian Railway Medical Manual, Third Edition,  2000 (Corrected upto 30.9.99), a Railway servant (Gazetted or Non-gazetted), whether a CGHS/RHS beneficiary or not, may produce the requisite Medical/Fitness Certificate from the Authorized Medical Officer of such a hospital in case his hospitalization/ indoor treatment, is on account of the particular kind of disease (e.g. heart. cancer etc.) for the treatment of which the concerned hospital has been recognized by the Ministry of Health and Family Welfare. Th ere may be instances where an employee may be initially admitted to such a hospital at a stage when the disease has yet not been fully diagnosed and may subsequently established that the disease was not that, the suspicion of which prompted his/ her admission to the hospital. In such cases. the leave sanctioning authority, with the approval of the General Manager, may gra nt leave / Commuted leave on the basis of the certificate of sickness from the Authorized Medical Officer of such a hospital, if he is satisfied about the genuineness of the case.
4. In cases where a Non-gazetted Railway servant finds it difficult to obtain the
   Medical Certificate from a CGHS/RHS doctor or AMA in exceptional cases, the leave sanctioning authority, may consider grant of leave on the basis of the Medical/Fitness Certificate from an RMP after taking into account the circumstances of the specific case. Such a certificate should be, as nearly as possible, in the prescribed form as given in Annexure XI of Rule 538 and 541 of Indian Railway Medical Manual, Volume I, Third Edition 2000, and should state the nature of illness and the period for which the Railway servant is likely to be unable to perform his duties. The competent authority may, at its discretion accept the certificate, or in cases where it has reasons to suspect the bonafides, refer the case to the Divisional Medical Officer for advice or investigation. The Medical Certificate from Registered Medical Practitioner produced by the Railway servant in support of his/her application for leave may be rejected by the competent authority only after a Railway Medical Officer has conducted the necessary verifications and on the basis of the advice tendered by him after such verifications.
5. Certificate of fitness, in the case of employees working in the Zonal Railways and Field Units will continue to be governed by the provisions contained in Rule 538 and 541 of Indian Railway Medical Manual, Volume I, Third Edition 2000.

Note : Ordinarily, the jurisdiction of a Railway Medical Officer will be taken to cover Railway servant residing within a radius of 2.5 kilometres of the Railway Hospital or health unit to which the Doctor is attached, and within a radius of of one kilometre of a Railway Station of the Doctor's beat.

[Authority : Board's letter No. E(P&A)I-97/CPC/LE-7 dated 29.08.2002 (RBE 145/2002)]

522. Leave to a railway servant who is unlikely to be fit to return to duty.-

1. (a) When a medical authority has reported that there is no reasonable prospect that the railway servant will ever be fit to return to duty, leave shall not necessarily be refused to such Railway servant.

   (b) The leave may be granted, if due, by the authority competent to grant leave on the following conditions:

   1. if the medical authority is unable to say with certainty that the railway servant will never again be fit for service leave not exceeding twelve months shall may be granted and such leave shall not be extended without further reference to a medical authority;
   2. if a railway servant is declared by a medical authority to be completely and permanently incapacitated for further service, leave or an extension of leave may be granted to him after the report of the medical authority has been received, provided the amount of leave as debited to the leave account together with any period of duty beyond the date of the report of the medical authority, does not exceed six months.
2. A railway servant who is declared by a medical authority to be completely and permanently incapacitated for further service, shall:-
   1. if he is on duty, be invalidated from the date of relief of his duties, which could be arranged without delay on receipt of the report of medical authority. If, however, he is granted leave under para (1) above he shall be invalidated from service on the expiry of such leave; and
   2. if he is already on leave, be invalidated from service on the expiry of that leave or extension of leave, if any granted to him under sub-para(1).
3. A railway servant who fails in vision test or otherwise becomes physically incapable of performing the duties of the post which he occupies but not incapable of performing other duties shall be granted leave in accordance with ordinary rules subject to the proviso that where the railway servant has not got six months leave to his credit, his leave shall be made up to six months by the grant of extraordinary leave.

   If an alternative employment cannot be found for such a person within a period of leave granted as above , his service shall not be terminated but his leave shall be extended by the grant of extraordinary leave, subject to the condition that the total amount of extraordinary leave to be granted to the Railway servant does not exceed six months.

   The medically decategorised Railway employee waiting for absorption in alternative post may be allowed to commute the period of LHAP on production of medical certificate, subject to certification that the employee is not fit to hold the post from which he proceeded on leave. The commutation will, however, be admissible only up to the stage that an alternative post is offered to him by the administration.

Kinds and amount of Leave Due and Admissible

523. Leave on average pay.-

1.  
   1.  
      1. A Railway servant permanent or temporary other than one who is serving in a railway school shall be entitled to 30 days leave on average pay in a calendar year.
      2. The leave account of every railway servant shall be credited with leave on average pay in advance in two instalments of 15 days each on the first day of January and July every calendar year.
   2. The leave at the credit of a railway servant at the close of the previous half year shall be carried forward to the next half year subject to the leave so carried forward plus the credit for the half year do not exceed the maximum limit of {300}** days.

      ** Substituted vide Railway Board's letter No. E(P&A) I-97/CPC/LE-5 dated 04.05.98 (RBE 88/1998) - ACS No. 64.

   3. A period spent in foreign service shall count as duty for purpose of this rule, if contribution towards leave salary is paid on account of such period.
   4.  
      1. In case of Railway employees, having at their credit Leave on Average Pay of 285 days or less as on 1st January/1st July of a year, LAP of 15 days or proportionately less in respect of retiring persons or those leaving service during the next half year may continue to be credited to their leave account in advance as at present.
      2. In cases where the Leave on Average Pay at credit as on 1st January/1st July is 300 days or less but more than 285 days, credit of LAP for 15 days may be kept separately and first adjusted against any LAP that the Railway servant may take during the ensuing half year and the balance, if any, credited to the LAP account at the close of the half year subject to the ceiling of 300 days. If the LAP taken during the half year is more than 15 days the amount in excess of 15 days will, however, have to be debited to the leave account.

      ** Inseted vide Railway Board's letter No. E(P&A)I-2000/CPC/LE-3 dated 1.8.2000 (RBE 143/2000) - ACS No 78

2. Subject to the provisions of rules 503, 541 as well as this rule, the maximum leave on average pay that may be granted at a time to a railway servant shall be 180 days.

524. Calculation of leave on average pay.-

1. Leave on average pay shall be credited to the leave account of a railway servant at the rate of 2 ¹/₂ days for each completed calendar month of service which he is likely to render in a half year in which he is appointed.
2.  
   1. The credit for the half year in which a railway servant is due to retire or resigns from the service shall be afforded only at the rate of 2 ¹/₂ days per completed calendar month up to the date of retirement or resignation.
   2. When a railway servant is removed or dismissed from service or dies while in service, credit of earned leave shall be allowed at the rate of 2 ¹/₂  days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.
3. If a railway servant has availed of extraordinary leave and/or period of absence has been treated as dies non during the previous half year, the credit to be afforded to his leave account at the commencement of the next half year shall be reduced by 1/10th of the period of such leave and/or dies non subject to a maximum of 15 days.
4. While affording credit of Leave on Average Pay fraction of a day shall be rounded off to the nearest day.

   Sub-Rule 524(4) inserted vide Railway Board's letter No. E(P &A)I-96/CPC/LE-5 dated 07-02-97  (RBE 24/1997) ACS No. 43/R-I

   Railway Ministry's decision.- Concession to Railway servants on the North-East Frontier Railway. Once in a calendar year, the staff proceeding on leave on average pay to or via Calcutta, Lucknow or Patna will be granted additional leave, not debitable to their leave account on the following scale :-

   (i)	Staff headquartered at Siliguri Station or at stations west of Siliguri -	02 days.
   (ii)	Staff headquartered at Stations east of Siliguri but on the North Bank of Brahmputra, including Darjeeling-Himalayan Section and at Pandu (Gauhati)	04 days.
   (iii)	Staff Headquartered at Stations to the east of Pandu	06 days.

   (Railway Ministry’s letter No.E(G)58ADI-I dt.15-02-1958)

   ---

Indian Railway Establishment Code
Volume I (1985 Edition)
Advance Correction Slip No. 43 Rule 524-RI

The Following may be inserted after sub-rule 3 of Rule 524 of Indian Railway Establishment Code Volume-I :-

(4) "While affording credit of Leave on Average Pay fraction of a day shall be rounded off to the nearest day."

[Authority : Railway Board's Letter No. E(P&A)I-96/CPC/LE-5 dated 7.2.97 (RBE 24/1997)]

525. Leave applicable to school staff.-

1.  
   1. The leave account of a teacher, principal, headmaster, librarian, laboratory assistant or a waterman working in the railway school shall be credited in advance with Leave on Average Pay in two instalments of five days each on the first day of January and July, of every year.
   2. If a teacher, principal, headmaster, librarian, laboratory assistant or a waterman working in the railway school has availed of extraordinary leave and /or some period of absence has been treated as dies-non during a half-year, the credit to be afforded to his leave account at the commencement of the next half-year shall be reduced by 1/30^th of the period of such leave and/or dies non subject to a maximum of five days.
   3. The credit for the half-year in which a teacher, principal, headmaster, librarian, laboratory assistant or a waterman working in the railway school is appointed/ ceases to be in service shall be allowed at the rate of 5/6^th day for each completed month of service which he has rendered or is likely to render in the half-year in which he is appointed/ceases to be in service.
2. Subject to the provisions of sub-rule(1), a Railway servant serving in a railway school shall not be entitled to any leave on average pay in respect of the duty performed in any year in which he avails himself of the full vacation.
3.  
   1. In respect of any year in which a Railway servant avails himself of a portion of the vacation, he shall be entitled to leave on average pay in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation:

      Provided that no such leave shall be admissible to a railway servant not in permanent employ in respect of the first year of his service.

   2. If , in any year, the Railway servant does not avail himself of any vacation, leave on average pay shall be admissible to him in respect of that year under Rule 523.

      Explanation.- For the purpose of this rule, the term 'year' shall be construed not as meaning a Calendar year in which duty is performed but as meaning twelve months of actual duty in a Railway school.

      Note 1.- A Railway Servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forego such vacation or portion of a vacation:

      Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.

      Note 2.- When a Railway servant serving in a railway school proceeds on leave before completing a full year of duty, the leave on average pay admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.

      Note 3.- The leave on average pay, if any, admissible under sub-rule(3) will be in addition to the leave on average pay admissible under sub-rule(1)

4. Vacation may be taken in combination with or in continuation of any kind of leave under these rules:

   Provided that the total duration of vacation and leave on average pay taken in conjunction, whether the Leave on average pay is taken in combination with or in continuation of other leave or not, shall not exceed the amount of Leave on average pay due and admissible to the Railway servant at a time under Rule 523.

5. The LAP under this rule at the credit of a railway servant at the close of the previous half-year shall be carried forward to the next half-year, subject to the condition that the leave so carried forward plus the credit for the half-year do not exceed the maximum limit of 240 days.

526. Leave on half average pay.

1.  
   1. A railway servant, permanent or temporary, other than one who is serving in a Railway school, shall be entitled to leave on half average pay of 20 days in respect of each completed year of service.
   2. The leave due under clause(a) may be granted on medical certificate or on private affairs.
   3. The amount of leave on half average pay that can be availed of in one spell irrespective of its being combined with any other kind of leave or not shall be limited to 24 months.
2. If a railway servant is on leave on the day on which he complete a year of service, he shall be entitled to half pay leave without having to return to duty.
3. the leave on half average pay will be credited to the leave account of the Railway Servant on 1^st January and 1^st July each as indicated below:-
   1. the account of leave on half average pay of every Railway servant except Railway School Teachers and other staff (such as Lab Assistant, Assistants and Librarian in Railway Schools) shall be credited with leave on half average pay in advance, in two instalments of 10 days each on the first day of January and July of every calendar year.
   2. the leave shall be credited to the leave account at the rate of 5/3 days for each Completed Calendar Month of service which the railway servant is likely to render in the half year of the Calendar year in which he/she is appointed.
   3. the credit for half year in which the railway servant is due to retire or resigns from service shall be allowed at the rate of 5/3 days per completed month up to the date of retirement/resignation
   4. when a railway servant is removed or dismissed or dies while in service , credit of leave on half average pay shall be allowed at the rate of 5/3 days per completed calendar month in which the railway servant is removed or dismissed from service or dies while in service.
   5. Leave on half average pay under these rules may be granted on medical certificate or on private affairs provided that in the case of railway servants, not permanently employed, no leave on half average pay shall be granted unless the authority competent to grant leave has reasons to believe that the railway servant will return on its expiry, except in the case of a railway servant who has been declared completely or permanently incapacitated for further service by a Medical authority.
   6. while calculating the completed month of service the month may be rounded off to the next higher if it exceeds more than 15 days (for example a railway servant has completed a year’s service as on 11-05-1985, he may be given the benefit of LHAP from May since it exceeds 15 days to December 1985 for 13 days, viz. 5/3 X 8=13¹/_2.
   7. where a period of absence **or suspension of a railway servant 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 one-eighteenth of the period of ‘dies non’, subject to a maximum of ten days.

      **Substituted vide Advance Correction Slip No. 88 issued under Railway Board's letter No. E(P&A)I-2003/CPC/LE-4 dated 19.06.2003 (RBE 100/2003).

   8. while affording credit of half pay leave fraction of a day may be rounded off to the nearest day.

      EXPLANATION:

      Sub-clauses (7) & (8) under sub-rule(3) of Rule 526 of Indian Railway Establishment Code, Volume I (1985 Edition) have been incorporated with the President’s approval effective from 04-07-1987. Incorporation of these rules have been necessitated due to amendments made by the Department of Personnel & Training in the Central Civil Services (Leave) Rules,1972 vide their Notification No. 13014/1/87 Estt.(L) dated 17-07-1987. It is clarified that retrospective effect given to these rules will not adversely affect any employee to whom these Rules apply.

      Railway Ministry's decision.- It is not necessary that a railways servant should return to duty before availing of half-average pay leave which he has earned during this spell of leave. As the half-average pay leave becomes due on completing a year's service which term includes extraordinary leave, the leave account can be credited with the amount of such leave, as soon as it is earned. If a railway servant who is already on leave, subsequently applies for an extension of leave, his application can be treated as a fresh application for leave and in such circumstances there is no objection to the grant of half pay leave in continuation of the leave already granted to him. There is also no objection to the grant of such leave during a spell of leave already granted to him into half pay leave. In such cases it will be necessary to revise the original leave account and subsequent leave will have to be granted according to the amended leave accounts.

      (Rly. Bd.’s letter No. E(G)56-CPC/LR/8 dt. 13-01-1958).

527. Commuted leave. - Commuted leave not exceeding half the amount of leave on half average pay due may be granted on medical certificate to railway servant subject to the following condition:-

1. the authority competent to grant leave is satisfied that there is reasonable prospect of the railway servant returning to duty on its expiry;
2. when commuted leave is granted, twice the amount of such leave shall be debited against the leave on half average pay due;
3. there is no limit to the number of days of commuted leave to be availed of during the entire service;
4. leave on half average pay up to a maximum of 180 days shall be allowed to be commuted during the entire service where such leave is utilised for an approved course of study which is certified to be in the public interest by the leave sanctioning authority.
5. where a railway servant who has been granted commuted leave and resigns from service or at his request is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as leave on half average pay and the difference between the leave salary in respect of commuted leave and leave on half average pay shall be recovered:

   Provided that no such recovery shall be made if the retirement is compulsorily thrust upon him by reason of ill health incapacitating the railway servant for further service or in the event of his death.

6. commuted leave may be granted at the request of the railway servant even when leave on average pay is due to him.

528. Leave not due.

1. Leave not due may be granted to a railway servant in permanent employment subject to the following condition:-
   1. leave not due shall be limited to the leave on half average pay is likely to earn thereafter;
   2. leave not due during the entire service shall be limited to a maximum of 360 days on medical certificate;
   3. Leave not due shall be debited against the half pay leave he is likely to earn subsequently;
2.  
   1. Where a railway servant who has been granted leave not due resigns from service or at his request permitted to retire voluntarily without returning to duty the leave not due shall be cancelled, his resignation or retirement taking effect from the date on which such leave had commenced and the leave salary shall be recovered.
   2. Where a railway servant who having availed himself of leave not due returns to duty but resigns or retires from service before he has earned such leave he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently.

      Provided that no leave salary shall be recovered under clause (a) or clause (b) if the retirement is compulsorily thrust upon him by reason of ill health incapacitating the railway servant for further service or if he is retired compulsorily on disciplinary grounds or due to pre-matured retirement under para 620 of Manual of Pension Rules or the provisions relating to compulsory retirement of non-pensionable Railway servants on rendering 30 years of service or in the event of his death.

Note - Leave not due, under Rule 528 and 529, is leave admissible under the Rules and where it can be granted, the grant of Extraordinary leave under Rule 530 will be irregular unless specifically applied for by the Railway servant in writing.

529. Leave not due to temporary railway employees.- Subject to the provisions of clause (i) and clause (iii) to rule 528(1), leave not due may be granted to temporary railway servants who are suffering from TB, Leprosy, Cancer or Mental illness, for a period not exceeding 360 days during the entire service on medical certificate if the railway servant concerned has put in at least one year's railway service:

Provided that the post from which the railway servant proceeds on leave is likely to last till his return to do duty; and the request for leave is supported by a medical certificate.

Note.-Leave not due, under Rule 528 and 529, is leave admissible under the Rules and where it can be granted, the grant of Extraordinary leave under Rule 530 will be irregular unless specifically applied for by the Railway servant in writing.

530. Extraordinary leave.

1. Extraordinary leave may be granted to a railway servant in special circumstances:-
   1. when no other leave is admissible, and
   2. when other leave is admissible, but the railway servant applies in writing for the grant of extraordinary leave.
2. Unless the President in view of the exceptional circumstances of the case otherwise determines, no temporary railway servant shall be granted extraordinary leave on any one occasion in excess of the following limits:-
   1. three months, without a medical certificate.
   2. six months where the railway servant has completed 1 year’s continuous service on the date of expiry of leave of the kind due and admissible under these rules including three months extraordinary leave under clause (a) and his request for such leave is supported by a medical certificate as required by these rules.
   3. eighteen months where the railway servant has competed one year's continuous service and is undergoing treatment for -
      1. pulmonary tuberculosis or pleurisy of tubercular origin, in a recognised sanatorium, Railway Hospital and Railway Chest Clinics.
      2. tuberculosis of any other part of the body certified by a qualified TB Specialist/Civil Medical Officer.
      3. leprosy in a recognised leprosy institution or hospital recognised by the State Administrative Medical Officer concerned.
      4. Cancer or for mental illness in an institution recognised for the treatment of such disease or by a Medical officer of Specialist of railway or government.
   4. twenty-four months where the leave is required for the purpose of prosecuting studies certified to be in public interest, provided the railway servant concerned has completed three years continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three months extraordinary leave under clause(a).
3.  
   1. Where a railway servant is granted extraordinary leave in relaxation of the provisions contained in clause(d) of sub-rule(2), he shall be required to execute a bond (Annexure-II) undertaking to refund to the railway during such leave plus that incurred by other agency with interest thereon in the event of his not returning to duty on the expiry of such leave or quitting the service before a period of 3 years after return to duty.
   2. The bond shall be supported by sureties from two permanent railway servants having a status comparable to or higher than that of the railway servant.
4. Two spells of extraordinary leave, if intervened by any other kind of leave, shall be treated as one continuous spell of extraordinary leave for the purpose of sub-rule(2).
5. The authority competent to grant leave may commute retrospectively periods of absence without leave into extraordinary leave.

   Note 1.- The concession of extraordinary leave up to 18 months will be admissible also to a railway servant suffering from pulmonary tuberculosis, who receives, treatment at his residence under a tuberculosis specialist recognised as such by the State Administrative Medical Officer concerned and produces a certificate signed by that specialist to the effect that he is under his treatment and that he has reasonable chances of recovery on the expiry of the leave recommended.

   Note 2.- Institutions recognised by the Government of India for the purpose of treatment of Central Government servants and their families will be deemed as recognised for the purpose of grant of extraordinary leave.

   (Railway Board's letter No. F(E)52/LE-2/3 dt.15-6-1960).

   Note 3.- No limit in case of permanent Railway servants, but all kinds of leave together shall not exceed 5 years in one spell.

   Note 4.- where a temporary railway servant fails to resume duty on expiry of the maximum period of extraordinary leave granted to him/her or where he/she is granted a lesser amount of extraordinary leave than the maximum amount admissible, and remains absent from duty for period which, together with the period of extraordinary leave granted, exceeds the limit up to which he/she could have been granted such leave under sub-rule(1) above, he/she shall unless the President in view of the exceptional circumstances of the case otherwise determines, be removed from service after following the procedure laid down in the Discipline and Appeal Rules for Railway servants.

531. Leave to probationers and a railway servant on probation.

1.  
   1. A railway servant on probation including a probationer under training for a post in Railway service Group A shall be entitled to leave under these rules as if he had held his post Substantively otherwise than on probation.
   2. If, for any reason, it is proposed to terminate the services of a probationer, any leave which may be granted to him shall not extend-
      1. beyond the date on which the probationary period as already sanctioned or extended expires; or
      2. beyond any earlier date on which his services are terminated by the orders of an authority competent to appoint him.
2. A person appointed to a post on probation shall be entitled to leave under these rules as a temporary or permanent railway servant according as his appointment is against a temporary or a permanent post.

   Provided that where such person already holds a lien on a permanent post before such appointment, he shall be entitled to leave under these rules as a permanent railway servant.

See rule 537 for general Conditions for grant of leave to Apprentices

532. Leave to Special Class Railway Apprentices. - Special Class Railway Apprentices may be granted leave on full stipend for a period not exceeding one month in any year of apprenticeship provided that except on grounds of ill health, the leave shall not be granted to an apprentice if it would interfere with his training. Leave in excess of one month in any year may be granted on grounds of ill health and when the excess leave is so granted, the apprentice shall not be eligible for any stipend for the excess period.

See rule 537 for general Conditions for grant of leave to Apprentices

533. Leave to Apprentice Mechanics.-

Apprentice Mechanics in Railway Workshops may be granted leave on full stipend for a period not exceeding 16 days and on half stipend on medical certificate for a period no exceeding 20 days in any year of apprenticeship.

Note 1.- Journeymen and similar other apprentices/trainees recruited for initial training on the Railways before they are appointed against the working posts in Group C service, during the period of their training may be granted leave under this rule.

Note 2.- Leave to probationary Assistant Station Masters and Commercial Clerks and all others who are trained for employment and are not put on the time scale during the period of training shall be regulated under this rule.

534. Leave to Trade Apprentices.- Trade apprentices may be granted leave on full stipend for a period not exceeding 12 days and leave on half stipend on medical certificate for a period not exceeding 15 days in any year of apprenticeship.

See rule 537 for general Conditions for grant of leave to Apprentices

535. Leave to other apprentices. - Apprentices under training for Group C posts in all other departments who are posted to supervisory posts after training such as Apprentice Train Examiners, Apprentice Permanent Way Inspectors, Stores Apprentices etc. may be granted leave like Apprentice Mechanics mentioned in rule 533. Apprentices who are appointed as Skilled workmen after training may be granted leave like trade mentioned in rule 534.

See rule 537 for general Conditions for grant of leave to Apprentices

536. Extraordinary leave to apprentices. - Apprentices, other than special class apprentices, may be granted by the General Manager extraordinary leave (without stipend) under the rules applicable to temporary railway servants. The General Manager may re-delegate his powers under this rule to the Heads of Departments and officers in not below Junior Administrative grade.

See rule 537 for general Conditions for grant of leave to Apprentices

537. General conditions for grant of leave to apprentices.

1. In all cases mentioned in rules 531 to 536 leave will be non-accumulative and no leave shall be granted if it would interfere with the training.
2. On subsequent absorption, without a break, if the period of apprenticeship or training as probationer, is treated as service, recalculation of leave may be allowed as is permissible under the normal operation of the rule.

538. Leave to persons re-employed after retirement.

1. In the case of persons re-employed after retirement the provisions of these rules shall apply as if he had entered railway service for the first time on the date of his re-employment.
2.  
   1. If a railway servant, who quits the public service on compensation or invalid pension or gratuity, is re-employed and if his gratuity is thereupon refunded or his pension held wholly in abeyance his past service thereby becoming pensionable on ultimate retirement, he may at the discretion of the authority sanctioning the re-employment and to such extent as that authority may decide count his former service towards leave.
   2. A railway servant who is dismissed or removal from the public service but is reinstated on appeal or revision is entitled to count his former service for leave.

539. Leave to Workshop staff.

1. Skilled artisans as also semi-skilled and un-skilled workman will earn leave on average pay, half average pay and commuted leave not leave not due in accordance with these rules.
2. Workshop staff may be allowed to take leave with pay, if due, or without pay for periods not less than half a day. For this purpose leave for half a day means authorised absence from duty for over half an hour either during the first period before interval or the second period of any day on which the workshop remains open for both the periods. This concession, however, is restricted to six occasions in a year.

Railway Ministry's decision.- The practice of granting half a day’s leave against leave account of staff other than those employed in workshops may be allowed to continue where it is covered by express orders on the subject.

(Rly. Ministry’s letter no. F(E)49LE/25 dt. 05-09-1949.)

540. Leave preparatory to retirement.- A railway servant not desirous of encashment of leave on average pay at his credit at the time of retirement on superannuation may be permitted by a competent authority to take leave preparatory to retirement to the extent to leave on average pay due not exceeding 240 days together with half pay leave due subject to the condition that such leave extends up to and includes the day preceding the date of retirement.

Note.-The leave granted as preparatory to retirement shall not include extraordinary leave.

541. Leave beyond the date of retirement or quitting service.

1. Except as otherwise provided under these rules, no leave/ shall be granted to a railway servant beyond
   1. the date of his retirement, or
   2. the date of his final cessation of duties; or
   3. the date on which he retires by giving notice to the appointing authority or he is retired by the competent authority by giving him notice or pay and allowances in lieu of notice in accordance with the terms and conditions of his service or
   4. the date of his resignation from service.
2. Where the service of a railway servant has been extended or continued in re-employment beyond the age of superannuation, he may be allowed the benefit of encashment of leave on the date of cessation of service on expiry of extension or re-employment in respect of leave on average pay at his credit on the date of superannuation plus leave on average pay earned during extension or re-employment reduced by leave on average pay availed of during such period, subject to a maximum of 240 days.

   EXPLANATION:

   The above amendment of Rule 541(2) of Indian Railway Establishment Code, Volume I (1985 Edition) has been incorporated with the President’s approval effective from 01-07-1986. Incorporation of this rule has been necessitated due to amendments made by the Department of Personnel & Training in the Central Civil Services (Leave) Rules,1972 vide their Office Memorandum No. 14028/19/86-Estt(L) dated 29th September,1986 consequent upon the decision taken by the Government on the recommendations of the Fourth Pay Commission relating to leave vide the Ministry of Finance Department of Expenditure Resolution No. 14(1) /IC/86 published in the Gazette of India on 13-09-1986. It is clarified that retrospective effect given to these rules will not adversely affect any employee to whom this rule applies.

542. Leave on termination of employment.-

1.  
   1. Leave shall not be granted on termination of employment to a railway servant who has been dismissed or removed from service or whose services has been terminated under the 'Railway Services (Safeguarding of National Security) Rules 1954’.
   2. Apprentices will continue to be governed by the rules applicable to them and leave on termination of will not be admissible to them. Likewise, persons whose service are lent by commercial concerns or semi-Government organisations on terms which include payment of leave salary contribution, cannot be granted such leave.
2. Leave (Terminal) to temporary railway servants.- In the case of temporary railway servants, leave on average pay due and admissible at the time may be granted at the discretion of the sanctioning authority on the termination of service on account of retrenchment or on abolition of posts before attaining the age of superannuation. In cases where any notice of termination of services is required to be given under the terms of employment of the temporary railway servant and the railway servant is relieved before the expiry of the notice, such notice or the un-expired portion thereof should run concurrently with the leave granted.

   Note.- A question has been raised whether a temporary Railway servant granted terminal leave continues to be in Railway service during the period of such leave. It has been decided that a temporary Railway servant continues in service during that part of terminal leave only which runs concurrently with the notice period and ceases to be in railway service on the expiry of the notice period, the leave to the extent it goes beyond the notice period being treated as a terminal benefit only.

   Railway Ministry's decision-It is not necessary to extend the temporary post to cover the period of the leave granted to a railway servant at the end of his temporary employment.

(2) Leave on termination of appointment may also be granted to the temporary railway servants in the following cases-

1. Re-employed pensioners who are treated as new entrants in the matter of leave, subject to the condition that such pensioners will not be entitled to draw their pension during the terminal leave if the pension was held in abeyance during the period of re-employment;

   (Rly. Board’s letter No. F(E)59/LE-1 dt. 13-6-1959.)

2. Persons employed for a period exceeding one year on contract basis;
3. Unqualified persons who may have to vacate their temporary posts to make room for qualified candidates;
4. Persons whose services may have to be dispensed with as matter of administrative convenience as an alternative to the initiation of disciplinary proceedings against them; and
5. Railway servants who resign their posts for reasons of ill-health or for other reasons beyond their control.

   Note.- In cases of resignation other than those mentioned in sub-rule (v) above, the sanctioning authority may, at his discretion, allow half the amount of leave on average pay at the credit of the railway servant on the date of termination of his service, subject to the condition that it does not exceed half of the maximum amount of leave on average pay which the railway servant can avail himself of at a time.

The leave salary payable under these rules shall be drawn in rupees in India.

544. Leave Salary.

1. Except as provided in sub-rules (5) and (6) a railway servant who proceeds on leave on average pay is entitled to leave salary equal to the pay drawn immediately before proceeding on leave on average pay.

   Note.- In respect of any period spent on foreign service out of India, the pay which the railway servant would have drawn if on duty in India but for foreign service out of India be substituted for the pay actually drawn in calculating average pay.

2. A railway servant on half average pay leave or leave not due is entitled to leave salary equal to half the amount specified in the sub-rule(1).
3. A railway servant on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule(1).
4. A railway servant on extraordinary leave is not entitled to any leave salary.
5. A railway servant who is permitted during leave preparatory to retirement, to take up any other service or employment under an employer other than the Central Government, his leave salary shall be restricted to the amount of leave salary admissible while on leave on half average pay.
6. Where a railway servant is re-employed and if on such re-employment he is granted leave earned by him during the period of re-employment the leave salary is based on the pay drawn by him exclusive of the pension and pensionary equivalent of other retirement benefits.
7. If, in the case of a railway servant who retires or resigns from service, the leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any, over-drawn.
8. Where the quantum of leave on average pay already availed of by a railway servant who is dismissed or removed from service or who dies while in service is in excess of leave credited in the half year, the overpayment of leave salary shall be recovered.

545. Leave Salary to Workshop Staff.

1. Leave salary of workshop staff on leave on average pay shall be equal to the pay which the railway servant would have drawn had he remained on duty but does not include any increase which might have accrued to him during the currency of the leave.
2. Leave salary during half average pay leave shall be equal to one half of the leave salary in sub-rule (1) above and on commuted leave, twice the leave salary as admissible of leave on half average pay.

546. Leave salary to Running staff.

1. In the case of permanent running staff, the leave salary on leave on average pay for the first 60 days shall be at the substantive pay or on average pay, whichever is greater, and thereafter at substantive pay.
2. In the case of temporary running staff the leave salary shall be on average pay up to 60 days and beyond 60 days at average pay or the pay the staff would have drawn had he remained on duty, whichever is less.
3. Leave salary during leave on half average pay and commuted leave shall be calculated in sub-rule(2) of rule 545.

547. Reckoning of special pay for leave salary. - Special pay granted to different categories of staff shall be taken into account for the purpose of calculation of average pay.

Railway Board’s decision.- It is clarified that the last pay drawn in such cases will be inclusive of Special pay.

548. Advance of leave Salary. - A railway servant (both permanent and temporary) including a railway servant on foreign service proceeding on leave for a period not less than 30 days may be allowed an advance in lieu of leave salary up to a month's pay and allowance subject to the following condition:

1. The advance of leave salary shall be sanctioned in whole rupees.
2. No advance may be granted when the leave is taken for less than a month/30 days.
3. The amount of advance should be restricted to the amount of leave salary for the first month of leave that is clearly admissible to the railway servant after deductions on account of Income Tax, Provident Fund, House Rent, repayments of advances, etc. so that there is no financial risk involved.
4. The advance should be adjusted in full in the leave salary bill in respect of the leave availed of. In case where the advance cannot be so adjusted in full the balance will be recovered from the next payment of pay or leave salary.
5. The advance may be sanctioned by the General Manager, or by any officer to whom the power may be specially delegated in the case of railway servants in Group A, B, C & D.
6. The advance in respect of temporary railway servants will be sanctioned subject to the furnishing of surety of a permanent railway servant.
7. The amount of advance will be debited to the Head of Account to which the pay etc. of the railway servant is debited and the adjustment of the advance shall be watched by the Accounts Officer concerned.

549. Cash equivalent of leave salary in case of death in service.-

In case a railway servant dies while in service the cash equivalent of the leave salary that the deceased employee would have got had he gone on leave on average pay that would have been due and admissible to him but for the death on the date immediately following the date of death and in any case not exceeding leave salary for {300}* days, shall be paid to his family in the manner specified in Rule 549-A without any reduction on account of pension equivalent of Death-cum-Retirement Gratuity.

Note.- Dearness Allowance appropriate to leave salary is also admissible.

** substituted vide Railway Board's letter No. F(E)III/97/LE1/8 dt. 04-05-1998 (RBE 93/98) ACS No. 62

549-A. Payment of Cash equivalent of Leave salary in case of death etc. of railway Servant. -

In the event of death of a Railway Servant while in service or after retirement or after final cessation of duties but before the actual receipt of cash equivalent of leave salary payable under Rules 549 and 550, such amount shall be payable-

1. to the widow, and if there are more widows than one, to the eldest surviving widow if the deceased was a male Railway employee or to the husband, if the deceased was a female railway employee;

   Explanation: The expression "eldest surviving widow" shall be construed with reference to the seniority according to the date of the marriage of the surviving widows and not with reference to their ages;

2. failing a widow or husband, as the case may be, to the eldest surviving son; or an adopted son;
3. failing (i) and (ii) above, to the eldest surviving unmarried daughter;
4. failing (i) to (iii) above, to the eldest surviving widowed daughter;
5. failing (i) to (iv) above, to the father;
6. failing (i) to (v) above, to the mother;
7. failing (i) to (vi) above, to the eldest surviving brother below the age of eighteen years;
8. failing (i) to (vii) above, to the eldest surviving unmarried sister;
9. failing (i) to (viii) above, to the eldest surviving widowed sister;
10. failing (i) to (ix) above, to the eldest surviving married daughter; and
11. failing (i) to (x) above, to the eldest child of the eldest pre-deceased son.

ADVANCE CORRECTION SLIP NO. 62
INDIAN RAILWAY ESTABLISHMENT CODE,
VOLUME-I, 1985 EDITION (REPRINT EDITION - 1995)

Rule 549 of R-I

In Rule 549 substitute the figure "300" instead of the existing "240" appearing in the 5th line thereof

[Authority : Railway Board's letter No. F(E)III/97/LE1/8 dated 10.11.1997 (RBE 157/1997), & 04.05.98 (RBE 93/1998)]

550. Cash payment in lieu of unutilised leave on average pay on the date of retirement.-

1. All railway servants retiring on superannuation on or after 30-9-1977 may be paid cash equivalent of leave salary in respect of period of leave on average pay at their credit at the time of retirement subject to the following condition:
   1. In case of retirement on attaining the age of superannuation-
      1.  
         1. The payment of cash equivalent of leave salary shall be limited to a maximum of {300}** days of leave on average pay;

            ** substituted vide Railway Board's letter No. F(E)III/97/LE1/8 dated 4.5.98 (RBE 93/98) ACS No. 63.

         2. The cash equivalent of leave salary thus admissible will become payable on retirement and will be paid in one lump sum as one time settlement;
         3. Cash payment under this rule will be equal to leave salary as admissible for leave on average pay and dearness allowance admissible on that leave salary at the rates in force on the date of retirement. No compensatory (City) allowance and/or house rent allowance shall be payable
         4. The authority competent to grant leave shall suo-moto issue order granting cash equivalent of leave on average pay at credit on the date of retirement.
      2. A Railway servant availing a part of leave on average pay as leave preparatory retirement will also be eligible for the benefits of this rule for the leave on average pay that remains at credit on the date of retirement.
      3. The rule (A) shall not apply to-
         1. cases of premature or voluntary retirement; and
         2. persons who are compulsorily retired as a measure of punishment under the Railway Servants (Discipline & Appeal) Rules, 1968.

      Railway Ministry's decision 1.- In the interest of simplification, the cash payment for unutilised leave on average pay shall be made in the manner indicated below:

      Cash Payment=	Pay admissible on the date of retirement plus D.A. admissible on that date	X	Number of unutilised leave on average pay at credit on the date of retirement subject to a maximum of {300}** days.
      	30

      **(Railway Board’s letters No. F(E)III/79/LE1/12 dated 17.9.79
       and PC-IV/86/LE/1 dated 24-10-86 [RBE 208/86]).

      ** substituted vide Railway Board's letter No. F(E)III/97/LE1/8 dated 4.5.98 (RBE 93/98) ACS No. 63.

      Railway Ministry’s decision 2 - Railway servants who after putting in 30 years of qualifying service but before attaining the age of 58 years, want to retire from service by giving prescribed notice of 3 months in writing, are also entitled to leave salary and allowances, i.e. terminated leave benefits, if any, admissible during such leave/ leave in lump sum as a one time settlement.

      (E(P&A)I-79/JCM(DC)/3 dt.5-9-1979 )

      Railway Ministry's decision 3 - A Railway servant giving notice of voluntary retirement after completion of 20 years of service/qualifying service, may also apply before expiry of notice, for the leave standing at his credit which may be granted to him to run concurrently with the period of notice. The period of leave, if any, extending beyond the date on which the railway servant should have been retired on attaining the age of superannuation, may be allowed as terminal leave as stated in para 1 above. Leave salary for the Leave on Half Pay portion of the above terminal leave is subject to deduction of Pension/ pensionary equivalent of other retirement benefits.

      **{Railway Ministry's decision 4 - Encashment of unutilised leave on average pay (LAP) will be allowed to those Railway servants who are compulsorily retired as a measure of punishment under the disciplinary rules where the disciplinary authority has not imposed any cut in the amount of pension. In such cases, the authority competent to grant leave can sanction cash equivalent of leave salary for leave on average pay (LAP), if any, at the credit of Railway servants on the date of such retirement, subject to a maximum number of days permissible under the rule, in the manner specified in Railway Ministry's decision No. 1 of Rule 550-A. However, encashment of unutilised leave on average pay (LAP) will not be allowed to those Railway servants who are compulsorily retired as a measure of punishment under the disciplinary rules, where the disciplinary authority has imposed a cut in the amount of pension.}

      ** Inserted vide Railway Board's letters No. and No. F(E)III/2001/LEI/I, dated 17.5.2001(RBE 94/2001) ACS No. 83

   2. In case of premature/voluntary retirements:-
      1.  
         1. The Railway Servant who retires by giving notice to the Government or is retired by giving him notice or pay and allowances in lieu of such notice in accordance with the terms and conditions of his service may be granted suo-moto by the authority competent to grant leave, cash equivalent of the leave salary in respect of Leave on Average Pay at his credit, subject to a maximum of {300}** days and also in respect of all the half pay leave at his credit provided this period does not exceed the period between the date on which he so retires or is retired from service and the date on which he would have retired in the normal course after attaining the age prescribed for retirement under the terms and conditions governing his service.

            ** substituted vide Railway Board's letter No. F(E)III/97/LE1/8 dated 4.5.98 (RBE 93/98) ACS No. 63.

         2. The cash equivalent shall be equal to the leave salary as admissible for leave on average pay and /or equal to the leave salary as admissible on half pay leave plus Dearness allowance admissible on that leave salary for the first {300}** days, at the rates in force on the date the railway servant so retires or is retired from service.

            ** substituted vide Railway Board's letter No. F(E)III/97/LE1/8 dated 4.5.98 (RBE 93/98) ACS No. 63.

         3. The pension and pension equivalent or other retirement benefits and adhoc relief/graded relief on pension shall be deducted from the leave salary paid for the period of half pay leave, if any, for which the cash equivalent is payable.
         4. The amount so calculated shall be paid in one lumpsum as one time settlement. No House Rent Allowance, or City Compensatory Allowance shall be payable;

            Provided that if leave salary for the half pay leave component falls short of pension and other pensionary benefits cash equivalent of half pay leave shall not be granted.

            {Provided ...} **

            ** deleted vide Railway Board's letter No. F(E)III/82/LE1/2 dated 21-07-98 (RBE 165/98) ACS No. 68

      2. Where the services of railway servant are terminated by giving notice or by payment of pay and allowances in lieu of notice or otherwise in accordance with the terms and conditions of his appointment, he may be granted suo-moto by the authority competent to grant leave such equivalent in respect of leave on average pay at his credit on the date on which he ceased to be in service, subject to a maximum of {300}** days.

         ** substituted vide Railway Board's letter No. F(E)III/97/LE1/8 dated 4.5.98 (RBE 93/98) ACS No. 63.

      3. A Railway servant who is re-employed after retirement may, on termination of his re-employment, be granted suo-moto, by the authority competent to grant leave, cash equivalent in respect of Leave on Average Pay at his credit on the date of termination of his re-employment subject to a maximum of {300 }** days including the period from which encashment was allowed at the time of retirement.

         ** substituted vide Railway Board's letter No. F(E)III/97/LE1/8 dated 4.5.98 (RBE 93/98) ACS No. 63.

         The cash equivalent under sub-para (ii) and (iii) above shall be equal to leave salary admissible for leave on average pay plus D.A. admissible on that leave salary at the rates in force on the date the Railway servant ceases to be in service. The amount so calculated would be paid in one lumpsum as one time settlement and no City Compensatory Allowance and House Rent Allowance shall be payable. In case of the re-employed railway servants, the cash equivalent shall be based on the pay drawn, exclusive of the pension and pension equivalent of other retirement benefits.

      4. A railway servant who is declared by a Medical Authority to be completely and permanently incapacitated for further service may be granted, suo-moto by the authority competent to grant leave, cash equivalent of leave salary in respect of leave due and admissible on the date of his invalidation from service, provided that the period of leave for which he is granted cash equivalent does not extend beyond the date on which he would have retired in the normal course after attaining the age prescribed for retirement under the terms and conditions governing his service. The cash equivalent then payable shall be equal to the leave salary so calculated under (i) above.

         A Railway servant not in permanent employ or temporary employ of more than 3 years shall not, however, be granted cash equivalent of leave salary in respect of half pay leave standing at his credit on the date of his invalidation from service.

   3. In case of Railway servant retiring from service on attaining the age of retirement while under Suspension or while disciplinary proceedings are pending against him at the time of retirement:-

      The authority competent to grant leave may withhold whole or part of cash equivalent of LAP, in the case of a Railway servant who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him, if in the view of such an authority there is possibility of some money recoverable from him on conclusion of proceedings against him. On conclusion of the proceedings he will become eligible to the amount withheld after adjustment of Railways dues, if any.

   4. In the cases of resignation or quitting of service:-

      The railway servant may be granted suo-moto, cash equivalent in respect of leave on average pay at his credit on the date of cessation of service to the extent of half of such leave at his credit subject to a maximum of {150}** days by the authority competent to sanction leave.

      ** substituted vide Railway Board's letter No. F(E)III/97/LE1/8 dated 4.5.98 (RBE 93/98) ACS No. 63.

Railway Ministry's decision 1. Encashment of Leave on Half Average Pay (LHAP) on superannuation. {ACS No. 67}

In pursuance of the Award given by the Board of Arbitration (JCM) in C.A. Reference No. 1 of 1986, the President is pleased to decide that w.e.f. 14th July, 1982, the entire Leave on Half Average Pay (LHAP) at the credit of Railway servants who retire on superannuation shall be allowed to be encashed subject to the condition that pension and pension equivalent of other retirement benefits shall be deducted from the amount payable as cash equivalent, as provided in Rule 550-B(i) of Indian Railway Establishment Code, Vol. I, 1985 edition.

The encashment will be subject to the following conditions:-

1. The benefit will be admissible in respect of past cases on receipt of applications to that effect from the pensioners concerned by the offices concerned.
2. In respect of future retirees, the amount of encashment of Leave on Half Average Pay (LHAP) will be calculated and paid together with encashment of Leave on Average Pay (LAP).
3. Calculation of cash equivalent in respect of Leave on Half Average Pay (LHAP) at the credit shall be made mutatis mutandis in the manner given in Board’s letter No. F(E)III/82/LE1/2 dt. 11.2.1983 which is as under:-

   Cash Payment in lieu of half pay leave component=	Half pay leave salary plus Dearness Allowance if admissible minus pension, pension equivalent of gratuity and relief on pension if Dearness Allowance is admissible on Half pay leave	X	Number of days of half pay Leave due on the date of retirement on superannuation.
   	30

4. the amount so calculated shall be paid in one lump-sum as one time settlement.

   [Authority Railway board’s letters No. F(E)III/90/LE1/1 dated 20.5.93 (RBE 81/93), 12.10.93 (RBE 150/93) & 14.7.98 (RBE 154/1998)]

Railway Ministry's decision 2. - Encashment of LHAP to Railway servants retiring with SRPF(C) benefits {ACS No. 67}

The issue of prescribing the formula for calculating the equivalent pension/PEG of SRPF retirees for the purpose of deduction from LHAP encashment of retirement etc. has been examined in consultation with DOP&T.

In cases of persons retiring with SRPF benefits, the amount of employer’s contribution plus the interest thereon may be treated as pensionary benefits. For the purpose of calculating the pension the following formula may be adopted:-

For calculating pension equivalent of Gratuity (PEG) the formula will be as follows :-

[Authority : Railway Board’s letters No. F(E)III/90/LE1/1 dated 27.5.94 (RBE 43/94), 18.12.95 (RBE 136/95)  and 14.7.98 (RBE 154/1998)]

Railway Ministry's decision 3. - Extension of the benefit of encashment of LHAP to cases of death while in service or after superannuation. {ACS No. 67}

The question of extending the benefit of encashment of Leave on Half average Pay (LHAP) as per Board’s letter of even number dated 20.05.1993 in cases of death, on or after 14.07.1982, while in service or after superannuation but before actual receipt of cash equivalent of Half Pay Leave Salary, has been under consideration in consultation of Department of personnel & Training. It has now been decided that the provisions of Board’s letter dated 20.5.1993 may be made applicable to such cases of death of Railway employees. However, for the purpose of calculating the deductions as per formula prescribed in Para 2(iii) of the said letter in respect of those died/ die while in service, the family pension and the pension equivalent of death gratuity may be taken into account in place of pension and pension equivalent of gratuity, respectively. In case of death after superannuation, the formula for calculating the deductions will be the same as prescribed in the letter dt. 20.05.1993. The amount of Half Pay Leave encashment will be payable to the family of the deceased Railway employee in the manner specified in Rule 549-A of Indian Railway Establishment Code, Vol.1 1985 Edition (Re-print Edition 1995). The other conditions will remain the same as in the letter dated 20.05.1993.

[Authority : Railway Board’s letters No. F(E)III/90/LE1/1 dated 8.5.95 (RBE 41/1995) and  14.7.98 (RBE 154/1998)]

ADVANCE CORRECTION SLIP NO. 63
INDIAN RAILWAY ESTABLISHMENT CODE,
VOLUME-I, 1985 EDITION (REPRINT EDITION - 1995)

Rule 550 of R-I

The following corrections may be made in Rule 550 :-

1. In Part - A of this rule pertaining to cases of retirement on attaining the age of superannuation, under sub-clause (a) of clause (1) thereof, substitute the figure "300" instead of existing figure "240".
2. After Rule 550-A, substitute the figure "300" instead of existing "240" appearing in Railway Ministry's decision No. 1.
3. Below Railway Ministry's decision No. 1 of Rule 550 - A substitute the following :

   "(Railway Board's letter No. F(E)III/79/LE1/12 dated 17.9.79 and PC-IV/86/LE/1 dated 24.10.86 (RBE 208/86)."

   Instead of the existing "(Ministry of Home Affairs DOP O.M. No. 14028/3/79-LU dated 31.7.79."

4. In Part B of this rule pertaining to cases of premature/voluntary retirements under sub-clauses (a) & (b) of clause (i) thereof, substitute the figure "300" instead of "240".
5. In Part B of this rule under clauses (ii) and (iii) thereof, substitute the figure "300" instead of "240".
6. In Part D of this rule pertaining to cases of resignation or quitting of service, substitute the figure "150" instead of the existing "120".

[Authority : Railway Board's letter No. F(E)III/97/LE1/8 dated 10.11.1997 (RBE 157/1997), & 04.05.98 (RBE 93/1998)]

ADVANCE CORRECTION SLIP NO.67
INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME-I,
1985 EDITION (REPRINT EDITION - 1995)

Rule 550/R-I

At the end of Rule 550, the following may be inserted as Ministry of Railways' Decisions :-

1. Encashment of Leave on Half Average Pay (LHAP) on superannuation.

   In pursuance of the Award given by the Board of Arbitration (JCM) in C.A. Reference No. 1 of 1986, the President is pleased to decide that w.e.f. 14th July, 1982, the entire Leave on Half Average Pay (LHAP) at the credit of Railway servants who retire on superannuation shall be allowed to be encashed subject to the condition that pension and pension equivalent of other retirement benefits shall be deducted from the amount payable as cash equivalent, as provided in Rule 550-B(i) of Indian Railway Establishment Code, Vol. I, 1985 edition.

   The encashment will be subject to the following conditions:-

   1. The benefit will be admissible in respect of past cases on receipt of applications to that effect from the pensioners concerned by the offices concerned.
   2. In respect of future retirees, the amount of encashment of Leave on Half Average Pay (LHAP) will be calculated and paid together with encashment of Leave on Average Pay (LAP).
   3. Calculation of cash equivalent in respect of Leave on Half Average Pay (LHAP) at the credit shall be made mutatis mutandis in the manner given in Board’s letter No. F(E)III/82/LE1/2 dt. 11.2.1983 which is as under:-

       

      Cash Payment in lieu of half pay leave component=	Half pay leave salary plus Dearness Allowance if admissible minus pension, pension equivalent of gratuity and relief on pension if Dearness Allowance is admissible on Half pay leave	X	Number of days of half pay Leave due on the date of retirement on superannuation.
      	30

   4. the amount so calculated shall be paid in one lump-sum as one time settlement.

   [Authority Railway board’s letters No. F(E)III/90/LE1/1 dated 20.5.93 (RBE 81/93), 12.10.93 (RBE 150/93) & 14.7.98 (RBE 154/1998)]

2. Encashment of LHAP to Railway servants retiring with SRPF(C) benefits

   The issue of prescribing the formula for calculating the equivalent pension/PEG of SRPF retirees for the purpose of deduction from LHAP encashment of retirement etc. has been examined in consultation with DOP&T.

   In cases of persons retiring with SRPF benefits, the amount of employer’s contribution plus the interest thereon may be treated as pensionary benefits. For the purpose of calculating the pension the following formula may be adopted:-

   Pension =	Total amount of employer’s contribution to SRPF	plus	interest till the date of retirement.
   	Commutation factor as per age on next birthdayX12

   For calculating pension equivalent of Gratuity (PEG) the formula will be as follows :-

   PEG =	Special Contribution to PF
   	Commutation factor  X12

   [Authority : Railway Board’s letters No. F(E)III/90/LE1/1 dated 27.5.94 (RBE 43/94), 18.12.95 (RBE 136/95)  and 14.7.98 (RBE 154/1998)]

3. Extension of the benefit of encashment of LHAP to cases of death while in service or after superannuation.

   The question of extending the benefit of encashment of Leave on Half average Pay (LHAP) as per Board’s letter of even number dated 20.05.1993 in cases of death, on or after 14.07.1982, while in service or after superannuation but before actual receipt of cash equivalent of Half Pay Leave Salary, has been under consideration in consultation of Department of personnel & Training. It has now been decided that the provisions of Board’s letter dated 20.5.1993 may be made applicable to such cases of death of Railway employees. However, for the purpose of calculating the deductions as per formula prescribed in Para 2(iii) of the said letter in respect of those died/ die while in service, the family pension and the pension equivalent of death gratuity may be taken into account in place of pension and pension equivalent of gratuity, respectively. In case of death after superannuation, the formula for calculating the deductions will be the same as prescribed in the letter dt. 20.05.1993. The amount of Half Pay Leave encashment will be payable to the family of the deceased Railway employee in the manner specified in Rule 549-A of Indian Railway Establishment Code, Vol.1 1985 Edition (Re-print Edition 1995). The other conditions will remain the same as in the letter dated 20.05.1993.

   [Authority : Railway Board’s letters No. F(E)III/90/LE1/1 dated 8.5.95 (RBE 41/1995) and  14.7.98 (RBE 154/1998)]

ADVANCE CORRECTION SLIP NO.68
INDIAN RAILWAY ESTABLISHMENT CODE,
VOLUME-I, 1985 EDITION (REPRINT EDITION - 1995)

Rule 550-B (i)/R-I

The Second Proviso to Rule 550 -B(i) shall be deleted.

[Authority : Railway Board's letter No. F(E)III/82/LE1/2 dated 28.10.85, & 21.7.98 (RBE 165/1998)]

ADVANCE CORRECTION SLIP NO. 83
INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME-I
1985 Edition (Re-print Edition, 1995)

Rule 550/R-1.

The following may be inserted below Railway Ministry's decision. 3 of Rule 550-A:

"Railway Ministry's decision 4..... Encashment of unutilized leave on average pay (LAP) will be allowed to those Railway servants who are compulsorily retired as a measure of punishment under the disciplinary rules where the disciplinary authority has not imposed any cut in the amount of pension. In such cases, the authority competent to grant leave can sanction cash equivalent of leave salary for leave on average pay (LAP), if any, at the credit of Railway servants on the date of such retirement, subject to a maximum number of days permissible under the rule, in the manner specified in Railway Ministry's decision No. 1 of Rule 550-A. However, encashment of unutilized leave on average pay (LAP) will not be allowed to those Railway servants who are compulsorily retired as a measure of punishment under the disciplinary rules, where the disciplinary authority has imposed a cut in the amount of pension."

[Authority : Board's letters No. F(E)III-77/LE-1/4, dated 12.8.1987 (RBE 334/1987) and No. F(E)III/2001/LEI/I, dated 17.5.2001(RBE 94/2001)]

Special Kinds of Leave

551. Maternity leave.

1. A female railway servant (Including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of {135}** days from the date of its commencement.

   ** substituted vide Railway Board's letter No. E(P&A) I-97/CPC/LE-6 dated 8.12.1999 (RBE 303/1999).

2. {Total period of Maternity Leave on account of miscarriage/ abortion should be restricted to 45 days in the entire career of a female railway servant.}**

   ** substituted vide Railway Board's letter No. E(P&A) I-94/CPC/LE-6 dated 28.4.97 (RBE 54/97) ACS No. 44

   EXPLANATION:

   The above amendment of Rule 551 of Indian Railway Establishment Code, Volume I (1985 Edition) has been incorporated with the President’s approval effective from 01-01-1989. Incorporation of this rule has been necessitated due to amendments made by the Department of Personnel & Training in the Central Civil Services (Leave) Rules,1972 vide their notification No. 11012/1/85 Est. (L) dated 6-6-1988 published in the Gazette of India on 18-06-1988. It is certified that retrospective effect given to these rules will not adversely affect any employee to whom this rule applies.

3.  
   1. Maternity leave may be combined with leave of any other kind.
   2. Notwithstanding the provision in sub-rules of Rule 527 any leave (including commuted leave up to 60 days and leave not due) up to a maximum of 1 year, may, if applied for, in continuation of maternity leave be granted without the production of Medical Certificate.

   EXPLANATION:

   The above amendments of Rules of Indian Railway Establishment Code, Volume I (1985 Edition) has been incorporated with the President’s approval effective from 01-01-1989. Incorporation of these Rules has been necessitated due to amendments made by the Department of Personnel & Training in the Central Civil Services (Leave) Rules,1972 vide their notification No. 11012/1/85 Estt. (L) dated 6-6-1988 published in the Gazette of India on 18-06-1988. It is clarified that retrospective effect given to these rules will not adversely affect any employee to whom this rule applies.

4. Leave in further continuation of leave granted under clause (b) of sub-rule(3) may be granted on production of a medical certificate for the illness of the female railway servant. Such leave may also be granted in case of illness of a newly born baby, subject to production of medical certificate to the effect that the condition of the ailing baby warrants mother's personal attention and that her presence by the baby's side is absolutely necessary.
5. The maternity leave shall not be debited against the leave account.

   Note.- Abortion induced under the Medical Termination of Pregnancy Act 1971 shall also be considered as a case of abortion under sub-rule (2).

Indian Railway Establishment Code, Volume I,
(1985 Edition). Advance Correction Slip No. 44

Rule 551 R.I.

Sub Para(2) of Rule 551 of Indian Railway Establishment Code Vol. I may be substituted in Rule 551 with the following :

"Total period of Maternity Leave on account of miscarriage/ abortion should be restricted to 45 days in the entire career of a female railway servant."

[Authority : Railway Board's letter No. E(P&A) I-94/CPC/LE-6 dated 12.9.94 (RBE 70/94) and 28.4.97 (RBE 54/97)]

Rule 551 (A) - Paternity Leave.

A male railway servant (including an apprentice) with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife i.e. upto 15 days before or upto six months from the date of delivery of child and if such leave is not availed of within this period it shall be treated as lapsed. It 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 shall not be refused under any circumstances. Paternity Leave too, like Maternity Leave can be sanctioned only in a single spell. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

[Authority : Board's letter No. E(P&A)I-97/CPC/LE-6 dated 10.11.1997 (RBE 154/1997)
and 3.4.1998 (RBE 71/1998),8.4.1999(RBE 63/1999) and 1.10.1999 (RBE 249/1999)]

Inserted vide Advance correction slip No. 73 issued under Railway Board's letter No. E(P&A)I-97/CPC/LE-6 dated 08.12.1999 (RBE 303/1999)

551(B). ##### {A male casual Railway employee who has been grated temporary status with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement period of his wife. The leave should be applied for and availed of, at least partly, or at least commence within a period of 135 days of childbirth. The Paternity leave can commence prior to childbirth so long as the date of birth of child falls during the period of such leave. It shall not be debited against the leave account and may be combined with pro-rata leave on average pay admissible to the casual Railway employees (as in the case of Maternity Leave). Paternity Leave too, like Maternity Leave, can be sanctioned only in a single spell. During the period of such leave he shall be paid wages, in respect of the working days equal to the wages drawn immediately before proceeding on leave.}

[Authority: Board's letter No. E(P&A)I-98/CPC/LE-6 dated 21.05.1999 (RBE 110/1999)]

##### Inserted vide Advance Correction Slip No. 76 issued vide Railway Board's letter No. E(P&A)I/98/CPC/LE-6 dated 11.02.2000 (RBE 22/2000).

552. Special disability leave for injury intentionally inflicted.-

1. The authority competent to grant leave may grant special disability leave to a railway servant (whether permanent or temporary) who is disabled by injury intentionally inflicted or caused in, or in consequence of due performance of his official duty or in consequence of is official position.
2. Such leave shall not be granted unless the disability manifested itself within 3 months of the occurrence to which it is attributed, and person disabled acted with due promptitude in bringing it to notice.

   Provided that the authority competent to grant leave, if it is satisfied as to the cause of disability, may permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.

3. The period of leave granted shall be such as is certified by the Authorised Medical Attendant of the Railway servant concerned to be necessary. It shall not be extended except on the certificate of that authority and shall in no case exceed 24 months.
4. Such leave may be combined with leave of any other kind.
5. Such leave may be granted more than once if the disability aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.
6. Special disability leave shall be counted as duty in calculating service for pension and shall not except the leave granted under proviso to clause (b) of sub-rule (7) be debited against the leave account.
7. Leave salary during such leave shall-
   1. for the first 120 days of any period of such leave, including a period of such leave granted under sub-rule (5) be equal to leave salary while on leave on average pay; and
   2. for the remaining period of any such leave, be equal to leave salary during half pay leave.
   3. Provided that a railway servant may, at his option be allowed leave salary as in sub rule (a) for period exceeding 120 days and in that event a period of such leave shall be debited to his half pay leave account.
8. In the case of a person to whom the Workmen's Compensation Act, 1923 (18 of 1923) applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation under payable under section 4(1)(d) of the said act.
9. The provision of this rule apply to a railway servant disabled in consequence of service with a Military force, if he is discharged as unfit for further military service, but is not completely in permanently incapacitated for further civil service and to a railway servant not so discharged who suffers a disability which is certified by a medical board to be directly attributable to his service with a Military force; but in either case, any period of leave granted to such a person under military rules in respect of that disability shall be reckoned as leave granted under this Rule for purpose of calculating the period admissible.

553. Special disability leave for accidental injury.-

1. The provisions of rule 552 shall apply also to a railway servant, whether permanent or temporary, who is disabled by injury accident incurred in, or in consequence of due performance of his official duties or in consequence of his official position or by illness incurred in the performance of any particular duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the post which he holds.
2. The grant of special disability leave in such case shall be subject to the further conditions:-
   1. that the disability if due to disease must be certified by the Authorised Medical Attendant of the Railway servant concerned to be directly due to the performance of the particular duty:
   2. that if the Railway servant has contracted such disability during service otherwise than with a military force, it must be in the opinion of the authority competent to sanction leave, exceptional in character; and
   3. that the period of absence recommended by the Authorised Medical Attendant may be covered in part by leave under this rule and part by any other kind of leave, and that the amount of special disability leave granted on average pay shall not exceed 120 days.

554. Hospital leave.

1. Hospital leave may be granted to railway servants other than in Group A or Group B, while under medical treatment for illness or injuries if such illness or injury is directly due to risks incurred in the course of official duties.
2. Hospital leave shall be granted on production of medical certificate from an Authorised Medical Attendant.
3.  
   1. Hospital leave may be granted for such period as the authority granting it may consider necessary on leave salary :-
      1. equal to leave salary while on leave on average pay for the first 120 days of any period of such leave; and
      2. equal to leave salary during half pay leave for the remaining period of any such leave.
   2. The amount of hospital leave which may be granted by the General Managers to railway servants is unlimited.
4. Hospital leave shall not be debited against the leave account and may be combined with any other kind of leave which may be admissible provided the total period of leave, after such combination, does not exceed 28 months.

Note.- If the railway servant is one to whom the Workmen's Compensation Act, 1923 (18 to 1923) applies the amount of leave-salary payable during hospital leave shall be reduced by the amount of compensation payable under Section 4(1)-(d) of the said Act. When a disablement regarded at first as temporary, proves to be a permanent disablement and Compensation becomes payable under clause (b) or (c) of Section 4(1) of the Workmen's Compensation Act, the hospital leave-salary should be restored to the full amount admissible under the above rule.

**{President’s Decision No. 1}- General Managers are empowered to relax the provisions of this rule in individual cases meriting sanction of Hospital Leave beyond a period of 120 days on leave salary equal to leave salary while on leave on average pay. Such cases are to be reviewed by the CMO personally and entered in a register to be maintained by CMO so that at any time the extent of the problem can be checked. Also, such cases are to be put up to the FA & CAO for his concurrence before these are put up to the General Manager for sanction. These powers are to be exercised personally by the General Managers and are not to be delegated further.

** Renumbered vide Railway Board's letter No. E(P&A) I-96/JCM/DC-1 dated 15.5.98 (RBE 101/98) ACS No. 65

**{President’s Decision No. 2 - Divisional Railway Managers (DRMs)/Chief workshop Engineers (CWEs) are empowered to relax the provisions of Rule 554-R.I.,1985 edition in individual case, meriting sanction of Hospital Leave beyond a period of 120 days on leave salary equal to leave salary while on Leave on Average Pay, subject to such cases being reviewed by the Medical Superintendents and concurred in by Senior Divisional Accounts Officer/Associate Accounts officer. Also, a list of such cases should be put up to the General Managers half yearly for their post-facto approval. These powers are to exercised personally by the DRMs/CWEs and are not to be delegated further. It has also been decided that cases that occurred during the intervening period, i.e. from 1985 onwards, where the Railways have already sanctioned Hospital Leave for periods beyond 120 days on leave salary equal to leave salary while on leave on average pay, need not be re-opened.

[ Authority: Railway Board’s letter No. E(P&A)I-89/JCM/DC-5 dated 14.1.1993 (RBE 6/93)]

President’s Decision No. 3 - It has been further decided that the Heads of non-divisional units, such as Workshops , Stores Depots, Zonal Training Centres, etc. in the Junior Administrative Grade/Selection Grade are also empowered to sanction Hospital Leave beyond a period of 120 days in relaxation of the provisions of Rule 554 , R.I., 1985 edition in individual cases, meriting sanction of Hospital Leave beyond a period of 120 days on leave salary equal to leave salary while on leave on average pay. Where the Heads of such non-divisional units are in lower than JA grade, all cases of grant of Hospital Leave beyond a period of 120 days in relaxation of the provisions quoted above should be put up to the controlling SAG officer for sanction. The grant of Hospital leave beyond 120 days in relaxation of the rules mentioned above in all cases shall however be subject to such cases being reviewed by the Medical Superintendents and concurred in by Senior Divisional Accounts Officer/Associate Accounts officer. Further as stipulated in Board’s letter of even number 14-01-93, a list of such cases should be put up to the General Managers half-yearly for their post-facto approval. Papers to General Managers should be routed through the controlling SAG officers. It may also be ensured that the payment against Hospital leave wherever due is made regularly and not allowed to pend.

[Authority: Railway Board’s letter No. E(P&A)I-89/JCM/DC-5 dated  22.06.1993 (RBE 97/93)]

President’s Decision No. 4 - It has also been decided that such cases of railway servants injured on duty during the intervening period from 1985 to 14.1.1993 and where Hospital Leave was not granted beyond 120 days on full average pay may be reviewed by the Railways, and accordingly leave should be regularised, by the General Manager as Hospital Leave beyond 120 days on full average pay in terms of extant orders on the merit of each case for the intervening period from 1985 to 14.1.93.

The old cases will be regularised with the personal sanction of the General Manager with concurrence of F.A. & C. A. O.

[Authority: Railway Board’s letter No. E(P&A)I-96/JCM/DC-1 dated  31.7.96 (RBE 60/96)]}

** Inserted vide Railway Board's letter No. E(P&A) I-96/JCM/DC-1 dated 15.5.98 (RBE 101/98) ACS No. 65

ADVANCE CORRECTION SLIP NO. 65
INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME - I
1985 EDITION (Reprint Edition - 1995)

The following amendment may be made to Rule 554 of Indian Railway Establishment Code, Volume-I, 1985 edition (Reprint Edition - 1995) :-

Rule 554 - Hospital Leave

President's decision appearing below Note under sub-clause (4) may be numbered as "President's decision No. 1" and the following may be inserted thereunder as President's decision No. 2, 3 & 4.

President’s Decision No. 2- Divisional Railway Managers (DRMs)/Chief workshop Engineers (CWEs) are empowered to relax the provisions of Rule 554-R.I.,1985 edition in individual case, meriting sanction of Hospital Leave beyond a period of 120 days on leave salary equal to leave salary while on Leave on Average Pay, subject to such cases being reviewed by the Medical Superintendents and concurred in by Senior Divisional Accounts Officer/Associate Accounts officer. Also, a list of such cases should be put up to the General Managers half yearly for their post-facto approval. These powers are to exercised personally by the DRMs/CWEs and are not to be delegated further. It has also been decided that cases that occurred during the intervening period, i.e. from 1985 onwards, where the Railways have already sanctioned Hospital Leave for periods beyond 120 days on leave salary equal to leave salary while on leave on average pay, need not be re-opened.

[ Authority: Railway Board’s letter No. E(P&A)I-89/JCM/DC-5 dated 14.1.1993 (RBE 6/93)]

President’s Decision No. 3- It has been further decided that the Heads of non-divisional units, such as Workshops , Stores Depots, Zonal Training Centres, etc. in the Junior Administrative Grade/Selection Grade are also empowered to sanction Hospital Leave beyond a period of 120 days in relaxation of the provisions of Rule 554 , R.I., 1985 edition in individual cases, meriting sanction of Hospital Leave beyond a period of 120 days on leave salary equal to leave salary while on leave on average pay. Where the Heads of such non-divisional units are in lower than JA grade, all cases of grant of Hospital Leave beyond a period of 120 days in relaxation of the provisions quoted above should be put up to the controlling SAG officer for sanction. The grant of Hospital leave beyond 120 days in relaxation of the rules mentioned above in all cases shall however be subject to such cases being reviewed by the Medical Superintendents and concurred in by Senior Divisional Accounts Officer/Associate Accounts officer. Further as stipulated in Board’s letter of even number 14-01-93, a list of such cases should be put up to the General Managers half-yearly for their post-facto approval. Papers to General Managers should be routed through the controlling SAG officers. It may also be ensured that the payment against Hospital leave wherever due is made regularly and not allowed to pend.

[Authority: Railway Board’s letter No. E(P&A)I-89/JCM/DC-5 dated  22.06.1993 (RBE 97/93)]

President’s Decision No. 4 - It has also been decided that such cases of railway servants injured on duty during the intervening period from 1985 to 14.1.1993 and where Hospital Leave was not granted beyond 120 days on full average pay may be reviewed by the Railways, and accordingly leave should be regularised, by the General Manager as Hospital Leave beyond 120 days on full average pay in terms of extant orders on the merit of each case for the intervening period from 1985 to 14.1.93.

The old cases will be regularised with the personal sanction of the General Manager with concurrence of F.A. & C. A. O.

[Authority: Railway Board’s letter No. E(P&A)I-96/JCM/DC-1 dated  31.7.96 (RBE 60/96)]

555. Quarantine Leave.- Deleted

556. Study Leave.-

Study leave may be granted in accordance with the rules prescribed in Appendix V to railway servants to enable them to study scientific, technical or similar problems or to undergo special courses of instruction. Such leave is not debited against the leave account.

Counting of study leave for promotion, pension, seniority, leave and increments.-

1. Study leave shall count as service for promotion, pension and seniority. It shall also count as service for increments as provided in Rules.
2. The period spent on study leave shall not count for earning leave other than half-pay leave under the Liberalised Leave Rules.

Miscellaneous

557. Where any doubt arises to the interpretation of these rules it shall be referred to the Ministry of Railways for a decision. No relaxation of these rules shall be made except with the concurrence of the Ministry of Railways.

FIRST SCHEDULE

(See Rule 503)

AUTHORITIES COMPETENT OF GRANT LEAVE

** Amended vide letter No. F(E)III/2001/LE1/5 dated 12.02.2002 (RBE 15/2002) ACS No. 84

Indian Railway Establishment Code, Volume-I,
1985 Edition (Re-print Edition 1995)

Advance Correction Slip No. 84

Leave Rules (Chapter-V)/R-I

Against item 3 – Study Leave – appearing in the First Schedule (Rule 503), Page 61, the existing provisions under the column "Authority competent to grant leave" may be amended to read as under:

1. Ministry of Railways, in all cases of Study Leave within India and abroad.

2. General Mangers, in all cases of Study Leave within India.

3. Head of Departments and Divisional Railway Managers, in the case of Railway servants in Group ‘C’ and ‘D’ for Study Leave within India.

[Authority: Railway Board’s letter No. F(E)III/2001/LE1/5 dated 12.02.2002 (RBE 15/2002)]

ANNEXURE-I

FORM I

(See Rule 511)

Application for Leave or For Extension of leave

(Except in very urgent cases leave should normally be applied to two months in advance of the date from which it is required)

1. Name of applicant.
2. Leave Rules applicable.
3. Post held.
4. Department/Office/Branch
5. Permanent or Temporary
6. If Permanent, the post & Office where lien is held.
7. Pay, excluding allowances.
8. H.R.A., C.C.A., Conveyance or other compensatory allowances drawn in the post.
9. Nature and period of leave applied for and date from which required
10. Grounds on which leave is applied for.
11. Date of return from last leave, and the nature and period of that leave
12. Address during leave period

Station:

Date:

Signature of Applicant

Remarks and/or recommendation of Branch officer/Controlling officer

Signature:

Designation:

Date :

Certified that LAP for......... days, LHAP for .............days and LWP for ................. days from .......... to............... is admissible. The balance of leave at his credit on ................. will be:

LAP............days
LHAP............days

Signature of the verifying authority/ Accounts officer

Date:

*orders of sanctioning authority.

Signature:

Designation.

Date:

Advice memo regarding leave issued on.......................................

*If the applicant is drawing any Compensatory Allowance, the sanctioning authority should state whether on the expiry of the leave he is likely to return to the same post or to another post carrying a similar allowance.

(The same form may be used by all groups of railway servants. Items not applicable may be scored off)

ANNEXURE II

[See Rule 530(3)(a)(b)]

Bond for temporary Railway servants granted extraordinary leave for study

KNOW ALL MEN BY THESE PRESENTS THAT WE......................resident of ...................... in the district of .................... at present employed as .................... in the Ministry/Office of ........................ (hereinafter called "the Obligor") and Shri/Shrimati/Kumari ............................... son/daughter of ................. of ....................and Shri/Shrimati/Kumari .........................son/daughter of ....................of ..................... (hereinafter called "the sureties") do hereby jointly and severally bind ourselves and our respective heirs, executors and administrators, to pay to the President of India, his successors and assigns (hereinafter called the “Government") on demand the sum of Rs. ........... (Rupees...........) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans or, if the payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all costs between attorney and client and all charges and expenses that shall or may have been incurred by the Government.

WHEREAS the Government has, at the request of the above-bounden Shri/Shri/lKumari ......................... employed as a .................... granted him/her regular leave, followed by extraordinary leave without pay and allowances, for a period of .............. months ........ days with effect from ......... in order to enable him/her to study at ................................

AND WHEREAS the government has appointed/ will have to appoint a substitute to perform the duties of ................ during the period of absence of Shri/Shrimati/Kumari.................... on extraordinary leave.

AND WHEREAS for the better protection of government, the Obligor has agreed to execute this bond with two sureties with such condition as hereunder written:

AND WHEREAS the said sureties have agreed to execute this bond as sureties on behalf of the bounden ..............................

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the above bounden, Shri/Shrimati/Kumari ..................... failing to rejoin on the expiry of the period of extraordinary leave, the post originally held by him/her and service the Government after rejoining for such period not exceeding a period of ............... years as the government may require or refusing to serve the Government in any other capacity as may be required by the Government on a salary to which he/she would be entitled under these rules, the said Shri/Shrimati/Kumari .................. or his/her heirs, executors and administrators shall forthwith pay to the Government on demand the said sum of Rs ............. together with interest thereon from the date of demand at Government rates for the time being in force on Government loans.

AND upon the obligor Shri/Shrimati/Kumari...........and, or Shri/Shrimati/Kumari ............... and, Shri/Shrimati/Kumari ................... the sureties aforesaid making such payment the above written obligation shall be void and of no effect, otherwise it shall be and remain in force and virtue:

PROVIDED always that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted or by any forbearance, act, or omission of the Government or any person authorised by them (whether with or without the consent of knowledge of the sureties) nor shall it be necessary for the Government to sue the obligor before suing the sureties Shri/Shrimati/Kumari .....................and Shri/Shrimati/Kumari ................. or any of them for amounts due hereunder.

The bond shall in all respects be governed by the laws of India for the time being in force and the rights and liabilities hereunder shall where necessary be accordingly determined by the appropriate Courts in India.

The Government of India have agreed to bear the stamp duty payable on this bond.

Signed and dated this......................day of................. one thousand nine hundred and...................

ANNEXURE III

Medical certificate for non-gazetted officers recommended leave or extension of leave or commutation of leave

Signature of the Government Servant........................

I ..................... after careful personal examination of the case hereby certify that Shri/Shrimati/Kumari........... whose signature is given above , is suffering from...................... and I consider that a period of absence from duty of .................. with effect from .................. is absolutely necessary for the restoration of his/her health.

CHAPTER 6

MEDICAL ATTENDANCE AND TREATMENT

SECTION A : DEFINITIONS

601.

1. The authorized medical officer means the Railway medical officer within whose jurisdiction the Railway employee is headquartered or one who is specifically nominated for the purpose.

   (Railway Board’s letter No.89/H/6-1/dated 10-7-1989)

   Note:

   1. The authorized medical officer may as per the requirement of a particular case, refer the case to any other medical officer of the required specialty.
   2. The jurisdiction of a Railway Medical Officer will be taken to cover the railway employees and their beneficiaries residing within a radius of 2.5 km. Of the hospital/Health Unit/Station of the Railway.
2. "Medical attendance" means:-
   1. Attendance on a railway employee, a member of his family or dependent relatives at the consultation room maintained by the authorized medical officer or any Railway hospital/Health unit.
   2. If there is no such consultation room /health unit/ hospital, then attendance in any railway hospital/health unit/ dispensary to which the railway employee or a member of his family or dependent relatives, is referred to by the authorized medical officer.
   3. Attendance on a railway employee at his residence.
   4. Such pathological, bacteriological, other tests etc. or methods of examination for the purpose of diagnosis and treatment as are available in any Railway Hospital and are considered necessary by the authorized medical officer.

      Note: When such facilities are not available in the Railway hospital, then such examination may be conducted in any Government or recognized hospitals (Government hospitals include hospitals run by local bodies), at the instance of the authorized medical officer. State Governments where agreeable, should debit the cost of treatment to the Railway administration concerned, preferring bills or raising debits in such cases. Otherwise reimbursement to railway employees concerned, would be permissible as per rules. Reimbursement of claims on account of such investigations even at non–recognised institutions may be decided by the General Manager in consultation with FA & CAO, provided these were done at the instance of the authorised medical officer and the amount involved does not exceed Rs.1000/- per case.

   5. Such consultation with a specialist or other medical officer in the service of Government, stationed at places served by the Railway administration as the authorized medical officer with the approval of Chief Medical Director, certifies to be necessary to such extent and only in such measure as the specialist or the Medical officer may, in consultation with the authorized medical officer determine.

      Note : A patient should not be referred to –

      1. a specialist or la medical officer not in service of Government.
      2. a specialist or medical officer in the service of Government but posted outside the place served by the Railway.
   6. Consultation with specialist or other medical officer means taking advice on the line of treatment and management but not treatment by the consultant.
   7. If the authorized medical officer feels that the patient’s condition is of a serious nature as to require medical attendance by some person other than himself, with the approval of the Chief Medical Director of the Railway (which shall be obtained before hand) unless the delay entails serious danger to the health of the patient:
      1. send the patient to the nearest specialist or medical officer by whom, in his opinion medical attendance is considered necessary for the patient, or
      2. if the patient is too ill, request such specialist or medical officer to attend the patient.
   8. A specialist or medical officer summoned as above, on production of a certificate by the authorized medical officer on this behalf, will be entitled to travelling allowance as admissible to him under the rules applicable to him.
   9. Honorary specialist attached to government hospitals or recognised hospitals, may be considered as Government specialists for the purpose of this sub-para, subject to the condition that such consultation will be permissible only in places where government specialists are not available and is only on the advice of the authorized medical officer with prior approval of the CMD. The fees paid to Honorary consultants for consultation at their private consulting rooms will be reimbursed to the railway employees in accordance with the rate prescribed for Government specialist. Consultation with honorary specialists at their consultation room will be permissible only in emergent cases.
3.  
   1. Treatment means—
      1. Use of all medical and surgical facilities available at railway hospitals/health units or consultation room of the authorized medical officer.
      2. The employment of such pathological, bacteriological, radiological and other investigations as are considered necessary by the authorized medical officer.
      3. Supply of such medicines, vaccines, sera, as are ordinarily stocked in the hospital.
      4. The supply of such medicines, sera etc. not ordinarily stocked which the authorized medical officer may certify in writing to be essential for the recovery or for the prevention of serious deterioration, in the condition of the patient.
      5. Such accommodation as is ordinarily provided in the hospital, suited to the status of the railway employee concerned. If accommodation suited to the status is not available, accommodation of a higher class may be allowed provided it can be certified by the medical officer incharge of the Government recognized hospital that:--
         1. that accommodation of the appropriate class was not available at the time of admission of the patient, or if subsequently available, the condition of the patient did not permit shifting; and
         2. that the admission of the patient into the hospital could not be delayed due to the nature of illness until accommodation of the appropriate class became available.
      6. such nursing as is ordinarily provided to in-patients by the Hospital (engagement of special nurses will be allowed to the extent indicated in sub-section 3 Section 3 {614} of this Chapter).
      7. The specialist consultation as described above.
      8. Confinement in the case of a female railway employee or a dependent female member of a railway employee's family.
      9. Pre-natal and post-natal treatment received before and after child birth for physiological or other disability attributable to child bearing or child birth.
      10. sterilization irrespective of the fact whether it is intended to serve as a measure of family limitation.

          ----reimbursement of medical expenses for sterility per-se.

          (Railway Board’s letter No. 86/H/6-4/58 dated 21-12-88)

          ----re-canalisation in case of loss of child.

      11. termination of pregnancy under the Medical Termination of Pregnancy Act 1971 and Medical Termination of Pregnancy Rules 1972.
      12. Anti-rabic treatment.
      13. Shifting of the patient for treatment, or for examination from residence to a hospital, or from one hospital to another hospital, in an ambulance belonging to the Railway or Government or a local authority etc.

          Note:

          1. If an ambulance cannot be pressed into service to attend on an exceptionally emergent case, alternative arrangement of taxi of other suitable and available transport vehicle should be made to ensure prompt transport. The payments that may be involved in such case can be made out of contingencies. These powers may be delegated to ADMOs. However, where public transport facilities are hired, these should be reviewed by the competent higher authority.
          2. In exceptional cases when the patients are not fit to resume duty but are discharged from Hospital as amputation, convalescent cases recommended sick leave, Fracture cases with application of plaster of paris etc. with the specific approval in writing of the medical officer, in-charge of the hospital, the facility of transporting patients to their residence in an ambulance may also be allowed free of cost.
      14. Blood transfusion charges paid to a Government institution or any other local organization recognized by the State Government for the supply of blood to patients in hospital.

          Note: (i) There is no objection to the purchase of blood plasma from a chemist or to obtain blood from a private donor, provided the authorized medical officer certifies in writing that it was not available in Government /recognized institution and the price paid for the blood was reasonable . In such cases reimbursement of the charges will be admissible.

      15. Free diet to the extent indicated in sub-section 2 of Section "C" {610} of this chapter.
   2. It does not include:
      1. Dental treatment or the supply of artificial denture except to the extent indicated in para 608 of this chapter.
      2. Massage treatment except that in the case of poliomyelitis, which may be allowed as part of the general treatment.
      3. Testing of eye-sight for glasses except at Railway Hospital where facilities exist for the same.

         Note:

         1. If local conditions warrant, railways may have their own arrangement for manufacturing and supplying glasses to Railway employees and their families and dependents on 'no profit' , 'no loss' basis. The scheme is to be financed from staff Benefit Fund. In the case of Group ‘D’ staff, only 50% of the cost of spectacles may be borne by the SBF.
         2. Reimbursement of charges incurred by a patient by a private oculist is not admissible in any circumstance.
      4. Taxi, tonga or other conveyance charges incurred, to convey a patient from his residence to the hospital or vice versa, except as provide in Para 601 III A(M) above.
      5. Cottage booking fee, admission fee, dhobi charges and charges for Attendants/ ayah at the Hospital.
      6. Special articles of diet not ordinarily provided by the hospital to its in-patients.
      7. Charges incurred on account of treatment for immunizing or prophylactic purpose except at Railway Hospital at the discretion of the authorised medical officer.

         Note: Cost of vaccines, inoculations and injections for prophylactic and a immunizing purposes taken before the commencement of international travel by Railway employees and members of their families and dependent relatives in order to procure health certificates required under international travel regulations, may be reimbursed to them from railway revenues provided they are travelling on duty or are on authorized leave in circumstances in which they are entitled to fares at railway expense.

4. 'Railway Employees' for the rules contained in this Manual mean persons who are members of a service, or who hold posts under the administrative control of the Ministry of Railways, excepting such of the employees of the Ministry of Railways as are covered by the medical attendance and treatment rules issued from time to time by the Ministry of Health and Family Welfare.
5. 'Family members' and Dependent relatives for the purpose of these rules, will include all such persons as are eligible for passes under the Pass Rule.
6. 'Patient' means a person to whom the rules in this chapter apply, and who has fallen ill.

   (Rules 102(7), 102(13), 107(7), 901, 902, 903, 904(ii), Ministry of Railways decision below Rules 908, Note and Ministry of Railways decision below Rule 909(i), Note 2 under Rule 916, 920 of the Indian Railway Establishment Code Volume I, and the notes thereunder, and Paras 1432, 1433, 1435-A, 1437 1441 to 1443, 1445, 1446, 1454, 1455, 1457 (iii), 1502(iv) and 1502(iv) of the Indian railway Establishment Manual and Ministry of railways letter No. E52 NE3/19/3 dated 29th December, 1952, No. MH 59ME1/30/Medical dated 14th May, 1960, No.61/M & H/7/69 dated 23rd June,1961 No.62/H/7/52 dot.22nd October, 1962, No.63/H/1/4 dated 7th August, 1962, No.65/H/1/51 dated 23rd May,1966, No.66/H/1/49 dot.7th March, 1967, No.67/H/1/50 dated 31st January, 1968, No.66/H/1/33 dated 9th December, 1968, No.69/H/1/17 dated 19th August, 1969, No.70/H/13/29 dated 23rd July, 1971 and 13th December, 1971, No.72H/6-1/27 dated 11th January, 1973, No.F(X) I-64-PW4/dated 16th July, 1975, No.E(W)74/PSS-1/11 dated 8th September, 1976, F(X)I-64-PW4/8 dated 16th July, 1975, No.79/H/6-1/31 dated 5th April, 1980 and 87/H/6-1/3 dated 26-6-1987).

Section B: Extent of Application

602. Section B: Extent of Application

Sub-section 1

RAILWAY SERVANTS EMPLOYED IN THE OFFICE OF THE RAILWAY BOARD.
THE RESEARCH, DESIGNS AND STANDARDS ORGANISATION AND OFFICE OF THE RAILWAY LIAISON OFFICER, AT NEW DELHI AND THEIR FAMILIES

All railway servants employed in the offices of the Railway Board, the Research, Designs and Standards Organisation and the Railway Liaison Office whose headquarters are at New Delhi and their families, shall be entitled Medical Attendance and Treatment in accordance with such rules as may be issued from time to time by the Ministry of Health and Family Welfare for medical attendance and treatment of Central Government servants having their headquarters at Delhi and New Delhi.

Note

1. Railway servants of the Research Designs and Standards Organisation and their families while employed at the Chittaranjan Locomotive Works and at Tatanagar will be governed by the Railway Medical Attendance Rules contained in Part II and will be attached to the Chittaranjan Locomotive Works and the Eastern Railway respectively.
2. Railway servants of Groups A & B who are governed by the rules in Sub sec.2 may, on appointment in the offices mentioned in this rule, may be allowed to exercise an option to be governed by the rules in Sub sec.1 or to continue to be governed by the rules in Sub sec.2. A similar option may be allowed in the case of groups C & D employees governed by the rules in Part II who come to the Railway Board’s office from railways on deputation for limited period. Those electing the rules in Sub sec.2 will be regarded as attached to the Northern Railway for this purpose.

Sub-section 2 : Railway employees

Medical attendance and treatment facilities shall be available, free of charge, to all ‘Railway employees’ and their ‘family members and dependent relatives, irrespective of whether they are in Group A, Group B, group C, Group D, whether they are permanent or temporary, in accordance with the detailed rules as given in Section ‘C’ of this chapter.

Note:--Railway staff employed in the offices mentioned below shall be regarded as attached to Railway Administration.

1. Advance Permanent Way Training School, Pune
2. Railway Staff College, Vadodara.
3. Director Railway Movement, Kolkata.
4. RRB Chairman where located.
5. Chief Mining Engineer (Dy. Coal Commissioner Production)
6. RDSO, Lucknow.
7. Dy. Director Railway Stores, Kolkata.
8. DLW, Varanasi.
9. CLW, Chittaranjan.
10. DCW, Patiala.
11. Wheel & Axle Plant, Bangalore.
12. Railway Rates Tribunal, Madras.
13. Chairman & Vice Chairman of Railway Claims Tribunal at places where located.
14. Chairman, Vice Chairman & Members, Indian Railway School of Signal and Telecommunication Engineering, Secunderabad.
15. Tank Wagon Controller, Bombay.
16. MTP, Kolkata, Mumbai, Chennai, Delhi.
17. ICF, Perambur.
18. DCW, Patiala.

(Rule 916(i) under Rule 916 & 918-RI, Paras 1403(b), 1405 & 2306 of Indian Railway Establishment Manual and Ministry of Railway’s letter No. 69/H/1/38 dated 6th October, 1969, No. 71/H/1-1/35 dated 5th November, 1971 and No. 80/H/6-1/3 dated 22nd February, 1980 and No. 89/H/10/1 dated 30-11-1989).

Sub-section 3 : Railway employees on leave/leave preparatory to retirement/post retirement leave

A railway employee on leave including LPR is eligible for medical attendance and treatment.

(Rule 913 R.I. & Para 1410 of IREM)

Sub-section 4 : Retired Railway employee on re-employment

Retired railway employees on re-employment in the Railways are entitled to free medical attendance and treatment facilities free of charge as per details given in Section ‘C’ of this chapter.

(Ministry of Railway’s letter No. E51ME1/3/3 dated 26-2-1951).

Sub-section 5 : Officers and staff of the Commissioner of Railway Safety

The staff and officers attached to this establishment are entitled for free medical attendance and treatment for self and family members in accordance with the detailed rules as given in Section ‘C’ of this Chapter, irrespective of whether they were transferred from the Railways or recruited directly by the Ministry of Tourism and Civil Aviation.

(Ministry of Railways letter No. 66/H/16/3 dated 16-2-1966)

Sub-section 6 : Audit staff

Medical attendance and treatment to the extent available to the Railway employees of corresponding status will be available free of charge to the Railway Audit staff and family members in accordance with the detailed rules as given in Section ‘C’ of this Chapter.

Audit staff attached to Railways should exercise option if they want Railway medical facilities for treatment under Railway or may continue their treatment under the Central Health Services.

(Ministry of Railway’s letter No. E46 ME39/3 dated 24-6-1946 and 64/H/6/158 dated 9-11-64.)

Sub-section 7 : Railway employees on deputation to RITES/IRCON

Railway employees on deputation to the above organizations may be permitted to continue to avail the medical facilities in accordance with the detailed rules as given in section ‘C’ of this Chapter. However, RITES/IRCON should pay annual contribution on the basis of per capita expenditure on a Railway employee on All India Railway Basis, multiplied by the number of Railway employees on deputation, who have opted for these rules.

(Ministry of Railway’s letter No. 79/H/6-3/8 dated 18-7-1980)

Sub-section 8 : Free Medical facilities to whole time employees and officers employed by AIRF/NFIR

1. Whole time employees of Zonal recognized Unions Federations are entitled to free medical treatment for self only.
2. Family members of whole time employees of aforesaid federation/Unions in the hospitals and Health Units is limited to outdoor treatment only.

   (Railway Board letter No. 90/H/6-7/13 dated 22-6-1995)

Sub-section 9 : Quasi Railway Organisation

1. Free medical attendance and treatment facilities are available to the staff themselves of the
   1. Consumer Cooperative societies
   2. Staff Benefit Fund Committees
   3. Railway Institutes
   4. Railway Officers Club
   5. Station Committees

   The family members of these employees will be given free OPD treatment.

2. The family members of the staff of Consumer Cooperative Societies may be given medical attendance and treatment on per capita basis, the charge being calculated on the basis of total expenditure on medical services on All India basis excluding the cost of health service.
3. Medical attendance and treatment facilities are available to the staff and their families of the Cooperative Credit Societies and Bank on per capita basis as stated above.

   Note:--The staff of the canteens on Railways run by cooperative Societies specially formed for the purpose and in the Ministry of Railways office may be extended free medical treatment in OPDs only. For any investigation charges are leviable.

   (MOR’s decision No. 2 deal rule 902 R T. paras 1403 (a), 2922 & 2940 (vi) of Indian Railway Establishment Manual, MOR’s letter No. 64/H/7/116 dated 31-8-1965, 71/H/1-1/18 dated 14th September, 1971 and 73/H/6-1/24 dated 1-10-1973).

Sub-section 10 : Apprentice

Free medical attendance and treatment facilities will be admissible to all apprentices other than those governed by the Apprentice Act, 1961 but not to their family members, on the same scale as available to Railway employees but confined only to the extent facilities are available in Health Units and Railway hospitals. For the purpose of medical attendance and treatment facilities, they may be classified according to the categories for which they are apprentices. For the purpose of recovery of diet charges, the stipend drawn by them should be considered as pay. No reimbursement facilities are available in non-railway institutions, T.B. institutions where beds have been reserved, for railway employees.

Note.—

1. Trade Apprentices who are governed by the Apprentices Act 1961, but come otherwise within the definition of the phrase ‘Family members or dependent relatives’ of a railway employee, will be eligible for medical attendance and treatment facilities, according to the status of the railway employee under the normal rules.
2. Free medical treatment may be offered to apprentices including those governed by the Apprentice Act 1961, when personal injuries are caused to them by accident arising out of and in the course of training as an apprentice.

   (MOR’s decision (i) below Rule 902 are RI, paras 1401, 2401 and 2409 of IREM and MOR’s letter No. MH58ME1/24 Medical dated 12-1-60 and No. E(TRJ)1/67/TRI/15 dated 8-2-1968)

Sub-section 11 : Railway employees enrolled/commissioned in the territorial army

A Railway employees enrolled/commissioned in the territorial army will be entitled to military medical services during the period of training and embodiment. The family members and dependent relatives of the employees will be governed by the railway medical attendance and treatment rules during the above.

(Para 4 II of the IREM)

Sub-section 12 : Private servants

A private servant of a railway employee (i.e. a person employed on whole time basis on a salary in the personal services of the railway employee), who is eligible for passes, is also eligible for medical attendance and treatment as out-door patient and also, to the extent accommodation is available as in-door patient, at all railway hospitals and health units. In case of in-door treatment, charges at 40% of the schedule of charges laid down for out-siders may be levied for the specialized and indoor treatment and for radiological examination.

NOTE.—The out-patient treatment should be confined to short routine illnesses and not diseases requiring prolonged management of cases.

(Rule 932 RI and Railway Board’s letter No. 65/H/7/189 dated 3-2-1967 and 10-11-1967 and No 71/H/1-1/16 dated 29-3-1972)

Sub-section 13 : Casual labour

1. Casual labour project as well as non-project, may be given medical facilities for self only in the out-patients Department. The service cards of the employees may be utilized as the identification cards for this purpose.
2. There should be no artificial break in the service of casual labours.

   Note:

   1. When they develop post-vasectomy complications and require indoor treatment, free, diet is also admissible.
   2. Casual labourers with more than three months service will become entitled to the same rights and privileges as admissible to regular railway employees.

   (Railway Board’s letter No.66/H(EP)/6/74 dated 11-6-1973, No. E(NG)II 77CL-12 dated 3-5-78)

Sub-section 14 : Contractors, their staff and labourers

Staff of contractors engaged by Railway administration are not entitled to free medical attendance and treatment facilities. They and their family members may be treated in railway hospitals and health units in places where there is no other hospitals are available provided the contractor pays the cost of diet, medicines and dressings.

(Para 1409 of IREM)

Sub-section 15 : Commissioned vendors

1. Free medical facilities in OPD are available to Commissioned vendors/bearers engaged in departmental catering as out-door patients for self only. As in-door patient it will be available when they are inured during the course of the duties.
2. The patients treatment should be confined to short routine illness and not disease requiring prolonged management of cases.

   (Railway Board’s letter No. 62/H/1/70 dated 16-2-63 and 61/H/70 pt.a dated 17-3-64 and 71/H/1-1/16 dated 16-6-1971)

Sub-section 16: Central Government employees governed by C.S.(M.A.) Rules 1944

Central Government employees governed by these rules subject availability of accommodation can avail of medical attendance and treatment as admissible to outsiders in railway hospitals on payment of charges prescribed for outsiders. Preference would, however be given to these employees amongst outsiders.

(Railway Board’s letter No.74/H/6-3/14 dated 4-8-75)

Sub-section 17 : Families of railway employees on secondment of foreign service.

The families of railway employees on secondment abroad on foreign service terms left behind in India may be treated at par with the families of retired railway employees governed by the Retired Railway Employees Contributory Health Scheme.

(Railway Board’s letter No. 78/H/6-1/27 dated 21-9-1978)

Sub-section (24) : Identity cards necessary for availing of facilities in railway hospitals

1. If a railway beneficiary does not produce a medical identity card No. medical treatment should be afforded to the railway beneficiary, except emergency first-aid.
2. Licensed Porters, Commissioned vendors, etc. who are not regular railway employees may be issued identity cards with additional endorsement indicating the category to which they belong.
3. For casual labours, their service book will serve as the medical identity card.
4. In emergencies, however, a patient, even in the absence of identification papers has to be attended first, including administration of such medicines and use of such appliances as may be necessary. With welfare inspectors, efforts should be made to establish the patient’s identity. In case of patient is found to be a non-railway beneficiary, he should be treated as an outsider, charged accordingly or transferred to a non-railway hospital as soon as the patients’ condition stabilizes and the expenditure written off with the concurrence of the competent authority.

   (Railway Board’s letter No.79/H/6-1/24 dated 30-7-79, 76/H/6-1/10 dated 25-5-1978 and 79/H/6-1/22 dated 26-7-79.)

Sub-section 18

A Government employee transferred temporarily or permanently to a post under the Ministry of Railways shall be entitled to opt for medical attendance and treatment facilities in the course of the detailed rules as given in Section ‘C’ of this chapter.

Sub-section 19 : Railway employees on deputation in India/abroad posted abroad

1. Railway employees on deputation in India - Railway employees sent on deputation to other Government Departments/ Corporations/ Undertakings may be governed by the medical attendance rules of the borrowing Departments/ Corporations/ Undertakings. The borrowing Departments/ Corporations/ Undertakings may, however, allow the Railway employee, at his option, to enjoy Railway medical facilities provided a contribution to Railway revenues is made by the borrowing Departments/Corporations/Undertakings or by the Railway employee concerned as may be mutually agreed upon between them, at the rates of recovery prescribed from time to time for government employees of his status under the Central Government Health Scheme.

   (Note under Rule 911-R.I.)

2. Railway employees on deputation abroad and India-based Railway employees posted abroad.
   1. Railway employees working in posts outside India and /or sent abroad on deputation may be divided into the following three categories for the purpose of grant of medical facilities, viz.
      1. those who are sent on ‘short-term’ deputation abroad, i.e. when the period of continued stay abroad does not exceed six months;
      2. those who are sent on ‘long-term’ deputation abroad; i.e. for a period in excess of six months; and
      3. India based Railway employees posted abroad.
   2. Railway employees falling under category 1(a) above will be governed by the orders issued by the Ministry of External Affairs from time to time, whereas those falling under i(b) and i(c) above will be entitled to medical facilities as are admissible under the Assisted Medical Attendance Scheme as published by the Ministry of External Affairs and as corrected from time to time.
   3. Subject to the provisions the Assisted Medical Attendance Scheme, the concessions admissible there under are also applicable to wives, children and step-children residing with and wholly dependent on the employees falling under i(b) and i(c) above.

      (Min. of External Affairs Memorandum No. 1(i) 19/MP-55 dated 13th September, 1955).

3. Families in India of employees posted abroad
   1. Free medical attendance and treatment will also be admissible to families in India of employees posted abroad, provided medical attendance and/or treatment is in accordance with the rules and orders in force in India.
   2. The employee concerned should arrange to collect from his family in India all the necessary certificates, bills, receipts, vouchers, etc. that are required to accompany and claim for refund under the relevant rules and orders., He should then submit his claim to his Accounts Officer through the Head of the Mission/Post in which he is serving. The claim should be made out in the salary bill form and supported by the prescribed application form, necessary bills, vouchers and certificates as required under the rules. When the payment is authorized by the Accounts Officer, it should be made payable in India to a person duly nominated by the employee to receive payment on his behalf. Refunds for expenditure incurred in India shall not be made in a foreign currency. The nomination shall generally accompany the claim so that after the claim has been passed by the Accounts Officer, that officer can issue a letter of authority to the nominee to receive the payment. The expenditure on such refunds should be debited to the Railways.

      (Min. of External Affair’s Memorandum No. 1(i) 19MP-55 dated 13th September, 1955).

4. The Controlling Officer—The 'Controlling Officer' in the case of medical claims of the Railway employees serving in Missions/Post abroad will be the Head of the Mission/Post concerned.

   (Note below Rule 35 of Appendix V—R.I.)

Section 'C' –Scope of medical attendance and treatment

603. Section 'C' –Scope of medical attendance and treatment

Sub-section I : General

1. Medical attendance and treatment. - The Railway employees, their family members and dependent relatives are entitled free of charge medical attendance and treatment;
2. In such railway hospitals/health unit or consulting room maintained by the authorized medical officer, at or near the place where the patient falls ill, as can, in the opinion of the authorized medical attendant, provide necessary suitable facilities; or
3. If there is no such hospital, health unit or consulting room about, as mentioned above, any such government hospital/health centres or dispensaries are near the place, as can in the opinion of the authorized medical officer provide the necessary suitable facilities; or
4. If there is no such hospital, as mentioned in paras 2 and 3 above, or any other hospital with which arrangements have been made for the treatment of the railway employees at or near the place as can, in the opinion of the authorized medical officer, provide the necessary and suitable facilities.

NOTE :

1. Allotment of hospital accommodation in railway hospitals depends on the condition and seriousness of the disease and not on the status of the patients,. However, in some government hospitals, accommodation in special wards is provided according to the status of the patient. As far as railway employees are concerned, those drawing basic pay of Rs.1600/- or above per months, would be considered eligible for special wards.
2. Family members may avail of medical facilities from a medical institution referred to in sub-paras 1, 2 and 3 above without the intermediary of the authorized medical officer.

   (Rule 906 R.I., Railway Board’s letter No. 67/H/1/58 dated 23-5-68, 71/H/1-1/6, dated 9th October, 1971, 79/H/6-1/5 dated 3-2-1980 and 82/H/6-1/22 dated 25th May, 1987).

604. Attendance at Residence.

1. Attendance at residence is restricted to :
   1. a gazetted railway employee, when he falls sick, attendance is free,
   2. a non-gazetted railway employee, when he falls sick, and is as a result compelled to be confined at his residence, no charges to be levied.
   3. a member of gazetted/non-gazetted railway employee’s family or dependent relatives, when the authorized medical officer certifies in writing that removal of the patient to a hospital is dangerous or injurious to life. In all such cases, the employee concerned should pay the visiting fee as per schedule.

   Note.—Railway employees are expected not to call the medical officer for minor ailments thereby wasting their time and depriving other patients of their service.

2. For visits at a residence of a railway employee, drawing Rs. 1200 and over per months, for attendance on their family members and dependent relatives, emergent or otherwise, the railway medical officer are entitled to receive fees. The payment of fees in such cases may be regulated by the visit.

605. The medical officer shall be entitled to charge the following fees as indicated below:

No fees for domiciliary visits shall be charged from employees drawing pay of less than Rs.1200 p.m.

(Railway Board’s letter No. 82/H/6-1/22, dated 25-5-1987).

Note:

1. When more than one member of a railway employees family or dependent relative are to be examined at the residence, visiting fees may be charged for each separately.
2. When a railway medical officer is called upon to render assistance to a railway employee or a member of his family or dependent relatives at an outstation, he may be granted travelling allowance as per rule when the medical service rendered is free. When, however, the medical officer is entitled to charge fees as provided above, he may claim travel allowance only if he deposits the fee received into the railway revenues. When preferring such claims for travel allowance, the medical officer should indicate the amount of fees received by him and also certify on the bill that the fee received have already to the railway revenues.
3. No extra fees to be charged for conveyance except for very great distances where the decision of the Chief Medical Director is final. No higher fees for night visit.
4. No railway employee shall be compelled to adopt any of the foregoing system of payment for medical attendance or to employ any railway medical officer for this purpose.
5. A railway employee may obtain services of a medical officer of a lower grade than that of the medical officer to whose services he is entitled, on payment of the scale of contract fees or fees by the visits fixed for the medical officer he chooses.

   (Rule 330, 903(3), 921-929 and 931 RI, note below no.1453 of the IREM and Railway Board’s letter No.62/H/1/20 dated 6-5-64 and 65/H/7/44 dated 7-10-66).

606. Special provisions regarding female and children beneficiaries.—At places where there are no railway hospitals or government hospitals, female beneficiaries and children of railway employees upto 12 years of age, may directly obtain medical attendance and treatment without the intermediary of the authorized medical officer from the nearest Govt./Private Hospital.

(Rule 919 R.I. and Ministry of Railway’s decision no.1 thereunder, paras 1446 (v) and (vi) of the IREM and Railway Board’s Letter Nos. 64/H/154 dated 11th December 1964, 6/H/11/9 dated 20th March 1967, 76/H/11/11 dated 17th April 1970 and 80/H/6-4/15 dated 21st August 1980.)

607. Supply of artificial limbs and appliances.—A railway employee, a member of his family or dependent relatives whether inured on duty or not, requiring artificial limbs and appliances, would be entitled to reimbursement of both hospitalisation charges and full cost of artificial limbs and appliances, as also cost of repairs, renewals and adjustments thereof from time to time payable from railway revenues subject to the following conditions:-

1. Production of a certificate from a specialist in the concerned speciality in the railway hospital that the above was essential.
2. Apparatus repairs renewals or adjustments being done at the Rehabilitation department of a medical College, Artificial Limb Centre of Pune or other organizations and centres recognized for the purpose by the Central/State Government concerned.
3. The cost of repairs or adjustment of a limb appliances should not exceed the cost of replacement of that limb appliances.

   Note.—The above para does not apply or replacement of heart pace makers and heart valves.

   (Railway Board’s letter No. 80/H/6-4/33 dated 5-12-80 and Feb. 1980).

608. Provision of dental treatment:-

1. Free treatment be given to railway employees and beneficiaries incurred to following ailments in all railway dental clinics and at all places where railway dental attention facilities have been provided.
   1. Extraction
   2. Scaling and gum treatment
   3. Root canal treatment
   4. Filling of teeth
2. In addition, free dental treatment of a major type is also admissible in cases where it is considered as a part of any general or consequential ailment and when the teeth are the source of disturbance. Treatment of such conditions may include treatment of any condition involving the operations on gums, for extraction of growths, surgical operations needed for the removal of Odontomes and impacted wisdom teeth.

   Note:

   1. Arrangements may be made to hire the services of a local dentist to work part time in a railway hospital. In such cases no charges should be levied for normal cases like extraction, scaling etc. but for other items like filling of cavities etc., a schedule of charges maybe prescribed and recoveries made from such staff .
   2. The supply of artificial dentures is excluded from the scope of dental treatment.

      (Para 1440 of the IREM and Railway Board’s letter No. E57MES/85/Medical dated 9/10 March 1961 and 62/H/7/31 dated 30-4-1962)

609. Donation of blood.

1. No prior permission of the Government is required for donating blood in Blood Banks attached to railway hospitals or Government hospitals or if called upon in emergencies to donate blood in any Blood Bank.
2. No prior permission is necessary for acceptance of an amount on account of donation of blood, since it is considered that receipts from the sale of blood does not attract the provisions of Rule RII 2035 {1334} and 2216.
3. When a railway employee or a member of his family donates blood to a railway hospital or a government hospital, he may receive payment at the rate of Rs. 50/- (Rupees fifty only ) per donor per bottle or blood i.e. 300 c.c. However, no incentive money should be paid to voluntary blood donors against their wishes and every effort should be made to encourage the voluntary free Blood donors.

   The Railway may consider issue of cards to voluntary blood donors with the offer of free replacement if the donor needs blood transfusion for self within a period of 12 months.

   (Authority: Railway Board’s letter No. 84/H/6-1/17 dated 4-6-85 and 90/H/68/3 dated 15-3-91.)

4. Railway employee who donates blood to a railway hospital on a working day may be granted special Casual Leave, for that day.
5. A railway employee who comes from out-station to donate blood to a railway hospital may be granted a complementary pass of the same class as admissible to him under the normal rules to cover the journey. He may be allowed a minimum journey time apart from one day special casual leave.
6. As blood is a therapeutic substance used in treatment of patients, expenditure incurred for obtaining blood shall be debited to ordinary railway revenues and allocated under the head ‘medicines’.

   Note:

   1. As far as possible, railway employees should be encouraged to donate blood voluntarily and not with any mercenary motive.
   2. Hence there should be no occasion to force a person to accept the permissible payments.
   3. Blood collected for use in Non-Railway hospitals should not qualify for payment from Railway revenues, even if the collection has been done in Railway premises.

      (Railway Board’s letter No. 65/H/7/248 dated 5-2-1966.)

610. Sub-section 2- instructions regarding diet. - Diet to be provided in railway hospitals, railway administration should, as a result, provide cooked food to all the in-patients in railway hospitals.

Scale (1) : the scale of diet to be served in railway hospitals should be drawn up by the railway administration with a view to suit the local conditions and basic caloric requirement of the patient.

Scale (2) : Scale of diet provided in railway hospitals should be published in the weekly gazette once a year for general information .

Charges

611. Diet supplied to patients in railway hospitals will be charged as per following schedule:

(Railway Board’s letter No.86/H/8-1/39, dated 22-3-90.)

Note:

1. Special articles of food not ordinarily provided by railway hospitals to inpatients shall be dealt for separately.
2. General Managers have powers to sanction free diet to railway employees injured in the course of duty for such period as they remain indoor patients not extending beyond one year after they are declared permanently unfit and discharged from service. This provision applies to all railway employees gazetted or non-gazetted irrespective of pay limits.
3. Free diet is admissible to casual labour while undergoing treatment in railway hospitals in connection with accident cases following under Workman’s Compensation Act and other cases referred to under sub-section 16 of  Section B of this Chapter.
4. Passengers and trespassers injured or taken ill and removed to a railway hospital may be dieted at the expense of the Railways. The expenditure being treated as a part of ordinary expenses of working in the railway hospitals.
5. The charges of diet when supplied by non-Government/recognized hospitals to railway employees, when not indicated separately in the tariff, should, for reimbursement purposes be reckoned to the 20% of the flat rate charge.
6. Pay limits referred to basic pay and/are exclusive of dearness pay.
7. Diet provided by hospital is for patients only. In exceptional cases diet may have to be provided to patients attendants who of necessity had to stay in hospital having come from outside long distances or in serious cases. Such cases should be charged to recover full costs and all overheads and should be on the high side to be a disincentive.
8. A patient taking diet from the hospital on discharge may be charged for the full day if he has been admitted before 12 hours and, only half diet charges, if he has been admitted after 12 hours.

612. Review of diet charges. - The Railways should periodically revise the rates of recovery against diet charges in consultation with their FA&CAO in respect of such of the in-patients who are no supplied free diets. The rates to be fixed on "No profit no loss" basis. The rates must be reviewed every three years. Action for review should be initiated one year in advance on the basis of last two years so that the revised charges are made effective immediately after three years. The revised rates will apply prospectively.

613. Option for hospital diet. - The patient not entitled to free diet must give in writing whether he prefers to have his own diet or wants to get hospital diet on payment as prescribed. Patients who have exercised their option for hospital diet to start with will not ordinarily be allowed to change over to own diet during the stay in hospital and vice-versa.

(Items (51) of Appendix VII-GIII, Section III of Chapter XIV of the IREM and Railway Board’s letters MH59NES/418 Med. Dated 4th November 1960, 61 M&H/1/32 dated 4th Sept. 1961, PC68/D-1/4 dated 6th June 1970 72/H/6-3/12 dated 16th August 1972, 75/H/6-1/9 dated 16th July  1977, 79/H/6-3/14 dated 25th November 1979.)

Sub-section 3: Instructions regarding Nursing

614.

1. Nursing in railway hospitals. - All in-patients in railway hospitals should be provided ordinary and special nursing to the extent possible.
2. Engagement of special nurse. - Engagement of special nurses should be considered on merits. The attending medical officer should recommend the employment of special nurses only where their services are absolutely essential and that too for the minimum period necessary.

   (Rule 903(V) and 933-RI and progressions 1438 1439 of the IREM and Railway Board’s letter No. MH60ME1/4 Med. Dated 10-3-1960).

3. Nursing in non-railway hospitals.
   1. For ordinary nursing provided in a Government recognized hospitals, the charges are normally included in the hospital bills and are not separately recovered from the patient. If, however, these charges are recovered separately they are reimbursed.
   2. Where special nursing is required, a certificate from the Medical officer incharge of the hospital should be obtained before hand. The necessary recommendations be made in the form of a certificate as given as an annexure to this chapter. As for the reimbursement of charges in such cases, the railway employee should bear cost upto 25% of his pay for which special nursing was arranged. The rest being borne by the Railway administration. This does not, however, apply in the case of the railway employee who is injured on duty.

615. Railway employees injured on duty. - A railway employee injured on duty in addition to treatment ordinarily admissible to others be entitled, free of cost, to such special nursing as the authorized medical officer may certify in writing to be essential for the recovery or for the prevention of serious deterioration in the condition of the railway employee.

Note.—The above concessions will also be admissible to railway employees on duty who receive injuries in connection with severe disturbances. For this purpose, railway employee in a disturbed area shall be considered on duty and any injury received by him as a result of those disturbances shall be held to have been received in the hours of duty, unless the facts of the case give a clear indication to the contrary. This also applies to railway employees on leave in a disturbed area in whose case it should be presumed, unless the acts of the case give a clear indication to the contrary, that he was attacked/injured in case he is a railway employee.

Sub-section (4) : Reimbursement

616. Reimbursement allowed if medical attendance is at the instance of the authorized medical officer. - A railway employee obtaining treatment for himself or member of a family or dependent relative should consult his authorized medical officer first and proceed in accordance to his advice. In case of his failure to do so, his claim for reimbursement will not be entertained as provided. All claims for reimbursement should be scrutinized with a view that the authorized medical officer or any other medical officer who is either of equivalent rank of immediately junior in rank to the authorized medical officer and attached to the same hospital/health unit as the authorized medical attendant was consulted in the first instance.

(Rules 905, 919 RI, Para 1443 to 1448, 1452, 1457 (i) of the IREM and Railway Board’s letter No. 67/H/1/11 dated 4-3-1968 and 71/H/1-1/6 dated 9-11-1971).

617. Treatment in an emergency.—In an emergency if a railway employee has to go for treatment including confinement to a government hospital/recognized hospital or a dispensary run by a philantherapic organisation without prior consultation with the authorized medical officer, reimbursement of the expenses incurred to the extent otherwise admissible, will be permitted if after a careful examination of the circumstances of the case, the competent medical authority accords ex-post facto approval. In such case, before reimbursement is admitted, it will be necessary to obtain in addition to other documents prescribed, a certificate in the prescribed form from the medical superintendent of the hospital to the effect that the facilities provided were the minimum and essential for the patients treatment.

Note :

1. In such cases, GMs are delegated powers to allow reimbursement of medical expenses upto a of Rs. 3000/- in each case in private institution and upto Rs. 10000/- in recognized/Government hospitals.

   (Railway Board’s letter No. 91/H/6-4/26 dated 20-11-95.)

2. CMDs are authorized to reimburse claims upto Rs.1000/- of railway employees in the event of special investigations (laboratory tests etc.) got done from non-recognised institutions on the advice of the authorized medical officer in the absence of such facilities in the railway hospital. These cases should be decided in consultation with FA&CAO provided these were done at the instance of the authorized medical officer. These powers will not be re-delegated.

   It has also been decided that claims above those permitted in Note (1) and (2) above, be referred to the Railway Board for consideration along with FA&CAO’s comments and the circumstances which necessitated such investigations being done at non-recognised institutions.

   (Railway Board’s letter No. 91/H/6-4/26 Pt. dated 5-1-94 & 4-5-94)

3. Sterility-per-se. - Cases of treatment of sterility may also be treated at par with other cases for reimbursement under the existing rules.

   (Railway Board’s letter No.86/H/6-4/58 dated 21-12-1988)

4. Recognition of CATSCAN test for reimbursement.
   1. General Managers are fully empowered to sanction charges levied at a Government hospital for catscan.
   2. In case cat scan in a government hospital is not possible in time CMD will arrange for catscan at a reasonably priced private institution. In such case, General Manager is empowered to sanction Catscan facility charges upto Rs.2000/- in each case. MRI, CMDs can within their power sanction Rs.3000/-. For fees beyond this amount, concurrence of associate finance be obtained and proposals submitted to Railway Board for consideration and sanction. Chief Medical Director should ensure that prior permission is accorded to get this Catscan done only in very deserving and definitely needed cases.

      (Railway Board’s letter No.86/H/3/3 dated 22-1-1987)

5. General Managers have been delegated powers for granting post-facto sanction even in cases where prior permission of Chief Medical Director could not be obtained for reimbursement of expenses incurred on Cat scan upto Rs.2000/- only in each case done in Government hospitals.

   (Railway Board’s letter No.88/H/6-4/80 dated 12-5-89)

6. Chief Medical Directors are empowered to sanction Catscan fee charges upto Rs.2000/- in each case. Powers are also delegated for granting post-facto sanction.

   (Railway Board’s letters No.88/H/6-4/57 dated 21-12-88 and 88/H/6-4/80 dated 9-9-89)

7. Chief Medical Directors can sanction reimbursement of the cost of hearing aid for employees and dependent family members upto Rs. 1500/-. The cost shall be paid to the firm directly. Cases where cost of hearing aid exceeds the limit of Rs. 1500/- they should be referred to the Railway Board duly concurred by the FA&CAO.

   (Railway Board’s Letter No. 85/H/6-4/28 dated 26-9-1988.)

8. Reimbursement of expenses on purchase/replacement repair/adjustment of artificial electronic larynx. – Reimbursement of the cost of the artificial electronic larynx should be made to the railway employees and their family members governed by the Railway medical attendance rules on the recommendations of the Director General Health Services. The payment would, however, be made by the administrative authority direct to the supplying agency and not to the railway employee concerned.

   (Railway Board’s letter No. 82/H/6-1/21 dated 11-10-1984.)

9. Provision of specialized medical services to construction staff. - General Managers on merits in such areas can decide provided provision of such consultants is within the norms laid down by Railway Board for appointment of consultants. Cases not falling within the framework of these norms shall be referred to the Board for approval.

   (Railway Board’s letter No. 89/H/2-3/5 dated 24-7-89.)

10. Utilising the service of an Anaesthetist from outside during emergencies. - When Railway Anaesthetist is not available because the post/posts is/are vacant or the anaesthetist had/have gone on leave/sick or is not on duty elsewhere/out of station, the services of an anaesthetist from outside may be utilized on payment of Rs. 150 per case towards professional charges.

    (Railway Board’s letter no. 88/H/6-1/29 dated 6-1-89.)

618. Families accompanying railway officials proceeding on tour.

1. Medical expenses incurred on treatment of a member of railway employee's family accompanying him on tour can be reimbursed on the same scale and conditions on which they can reimbursed to the railway employees himself, if illness occurs during that period and treatment is taken in a government or railway hospital.
2. The above concession is not admissible if a railway employee takes a member of his family along with him with the intention of obtaining treatment in a place other than his headquarters.

   (Rule 916 RI)

619. Treatment at residence.

1. Where owing to the absence or of a suitable hospital (railway or otherwise) or owing to the severity of the illness or other causes considered adequate by the authorize medical officer, a railway employee receives treatment at his residence, the expenses incurred by the railway employee for such items and services as to what have been admissible to the patient otherwise, would be reimbursable.
2. The above claims must be accompanied by a certificate by the authorized medical officer stating the reasons for his opinion as referred to above, and indicating the cost of treatment admissible to the patient otherwise. Such cost should take into account the charges for medicines and dressings, as also amount of money, if any, paid to the authorized medical officer.

   (Rule 908 RI and note 4 below Rule 916 RI)

620. Payment of charges. - Payment to Government recognized hospital on account of hospital charges should in the first instance be made by the railway employee concerned to the hospital authorities and the reimbursement thereof claim at the railway administration later.

Note. - State Government where agreeable should debit the railway administration concerned by preferring bills for those items for which reimbursement is permissible. Those Government recognized hospitals which press for advance deposit of money for treatment of cases referred to them, the medical officer concerned may be allowed an imprest of Rs. 500/-. The holder of the imprest should submit their report for the amount spent.

(Note : below Rules 909(2) and 917 RI, Para 1431 of the IREM and Railway Boards Letter No. E 56ME1/34/Med. Dated 6-9-61.)

621. Claims to be preferred within six months. - All Claims for reimbursement should be preferred within six months of the date of completion of the treatment as shown in the Essentiality certificate of the authorized medical officer. A claim for reimbursement of medical charges not countersigned and preferred within six months of the date of completion of the treatment, should be subject to investigation by the Accounts Officer, where a special sanction is accorded on an application from the railway employee for reimbursement of any charges in relaxation of the rules, the sanction will be deemed to be operative from the date of its issue, and the period of six months for preferment of claim will count from that date.

(Note 2 below Rule 909(2) RI and para 1412 of the IREM).

622. Forms for preferring claims. - The railway employee claiming reimbursement for expenses occurred on account of medical attendance and treatment in a government recognized hospital should claim in a prescribed form accompanied by the necessary documents indicated in the forms.

(Para 1430, 1453 of IREM)

623. All claims for reimbursement should first be carefully scrutinised by the competent authority, should in consultation with the authorized medical officer where contrary, will disallow any claims or items, which do not satisfy rules and orders on the subject. These should be disposed of without delay.

(Rule 1458 of IREM)

624. Rate and schedule of charges.

1. The rates and schedule of charges of government/recognized hospitals concerned may be obtained from the respective state government.
2. In the case of government/recognized hospitals, the tariff which does not indicate the accommodation and diet charges separately, 20% of the flat rate should be reckoned as diet charges and 20 % as charges for accommodation.

   (Para 1436(2) and 1456(B) of the IREM)

625. Expenses incurred as outdoor patient. - Reimbursement of medical expenses incurred as an out-door patient in a railway hospital/health unit or in a government/recognized hospital is permitted.

(Note 3 below Rule 906 RI)

626. Items and services not covered by the definition of the term ‘Treatment’. - Expenditure incurred by a railway employee or a member of his family or dependent relatives on items and services not covered by the definition treatment will not be reimbursable.

627. Reimbursement of costs of medicines which are neither ordinarily stocked nor available in railway medical institutions but are purchased from the market.

1. To minimize claims for reimbursement of cost of items inadmissible, the medical officers concerned with the treatment of the patients, should determine that essentiality certificates should not be issued in respect of items which are not medicines but which are primarily food tonics etc. A decision should depend whether the drug element is small in comparison with the food contents of the proportion prescribed. A propriety item should not be prescribed if a non-propriety prescription of a similar therapeutic value is available. Necessary guidelines should be taken from the Indian Railway Pharmacopoea.
2. The charges for the cost of medicines which are reimbursable will be allowed only if the claim for reimbursement thereof is accompanied by the cash memo and a essentiality certificate duly countersigned by the authorized medical officer in the prescribed Proforma as given in the annexure. Every cash memo must be countersigned by the doctor prescribing the medicines and the essentiality certificate must contain the name of the medicines prescribed and the amount incurred on the purchase of each medicine, whether or not the original prescription have been submitted.

   Note.—The underlined idea is to ensure that the medicines actually considered essential by the authorized medical officer and they may be purchased and consumed by the patient as directed.

3. Sales tax paid on these medicines will be reimbursable.
4. The charges for packing and postage if incurred will not be reimbursable.
5. Ordinarily expenses on account of the cost of medicines intended for injections prescribed at the consulting room of the authorized medical officer but administered at the residence of a patient who is a member of the family or dependent relative of a railway employee will not be reimbursable. In serious cases however the reimbursement is regular vide sub–para (2) above.
6. The State Government where agreeable should debit the railway administration concerned by preferring bills or by raising debits in respect of cost of medicines, vaccination etc. not ordinarily available at hospitals which are certified in writing to be essential for the recovery or prevention of serious deterioration in the condition of a railway beneficiary who is admitted to a non-railway government hospital for treatment at the instance of the authorized medical officer. If the State Government concerned are not agreeable to such an arrangement, reimbursement to the railway employee concerned would be permissible as per rules.

   ( Ministry of Railway’s decision No. 1,2,3 below Rule 903 RI and paragraph 1434 and 1435 (a) of the IREM).

Not Listed

629. The cost of heat valves, pace-makers and pulse generators, as well as the replacement of pulse generators in the case of railway beneficiaries will be made only on the recommendations of the CMD by the administrative authority would make the payment involved direct to the supplying agencies and not to the railway employees concerned.

(Railway Board’s letter No. 78/H/6-4/16 dated 12-12-78 and 81-H/6-4/37 dated 4-6-1982).

630. Items and services rendered in connection with medical attendance and treatment. - Charges for items and services rendered in connection with (but not included in) medical attendance and treatment of a patient entitled to railway medical attendance and treatment facilities shall be determined by the authorized medical officer and paid by the patient.

(Rule 909 RI)

631. Reimbursement of medical expenses incurred abroad. - The matter has been reconsidered by the Government and it has been decided that, in supersession of all previous orders on the subjects, the following guidelines should be adopted in dealing with the cases relating to requests for medical treatment abroad and matters relating thereto:

1. As a rule, reimbursement of cost of medical treatment incurred abroad should not be allowed.
2. In exceptional cases, necessitating treatment of a kind yet to be widely established in the country, where railway employees, on medical advice, choose to go on their own, reimbursement could be authorized by the Ministry of Railways, but should be limited to the expenditure that would have been incurred had such treatment been received in India in a Govt. Hospital or a recognized hospital. However, the question of reimbursement of air passage in such cases shall not arise at all.
3. Foreign Exchange may be released to railway employee for purpose of treatment abroad to the same extent as is permissible to private citizen.
4. The facilities for specialist treatment, as available in Railway Hospitals or other Government/ recognized hospitals should be availed by the railway employees.

Sub-section (5) : Other genera instructions regarding medical attendance and treatment:-

632.

1. Duties of Rly. Medical Officers in urgent cases. - Whenever a railway beneficiary calls a railway medical officer for medical assistance for himself or for his family members or dependent relatives the medical officer is so called upon shall if the cause is represented as urgent render such assistance as may be necessary without hesitation leaving the question of urgency or of his being authorized medical officer and fees etc. to the enquired into and settled afterwards.

   (Rule 910 R.I.)

2. Issue of passes under medical advice. - When a railway employee or a member of his family or dependent relatives travel under medical advice passes or PTOs of any class may be made available by any convenient train including mail trans at the discretion of the General Manager.

   (Railway Board’s letter No. 1000/TG/3 dated 7-11-49).

3. Provision of an attendant to a railway employee referred to railway/recognized hospital. - Normally depending upon the severity of the condition of the case the authorized medical officer may issue pass for one attendant to accompanying the patient. If however the authorised medical officer feels the necessity for two attendants he may issue a pass for two attendants with a certificate recorded in writing indicating the urgency and necessity.

633. Maintenance and repairs of ambulance cars. - Ambulance cars should invariably be maintained in good running condition. Regular servicing and repairs where necessary may be carried out promptly by any commercial concern in the same manner as is done in the case of staff cars. Timely replacement must be made and planned for. Effort should also be made to have good selected drivers.

( Railway Board’s letter No. 66/H/2/18 dated 23-1-68, 70/H/13/29 dated 23-7-71, 77/H/7/19 dated 17-1-78 and 78/H/4/12 dated 2-5-1978).

634. Use of ambulance cars by lady doctors in emergency.

1. Lady doctors when called to visit a patient may be allowed the use of ambulance cars for going to see the patient and also to bring her back to her residence/ hospital in the following circumstances.
   1. When she has to attend an emergency.
   2. When the call for the house received by her from a remote area.
   3. When the call is received from an unknown quarter.
   4. When the call is received late at night.
2. Validity of the points made for eligibility of use of the ambulance cars would be decided by the head of the hospital concerned.
3. It is not necessary on the visit the lady doctor should bring the patient for admission if it is considered not necessary to admit the patient.
4. No mileage allowance would be admissible to the lady doctor for such class. If she draws any consolidated allowance there would be automatically proportionate deduction in the same for such use in the ambulance cars.

   (Railway Board’s letter No. 76/H/22/60 dot. 18-1-1977).

SECTION D—INFECTIOUS DISEASES AND QUARANTINE

635. The rules in this part shall not apply to railway servants employed in the office of the Railway Board, the Research, Designs and Standards Organization and the Office of the Railway Liaison Officer, whose headquarters are at New Delhi and who are governed by the rules in Part I. Such railway servants shall be governed by the rules applicable to staff in the Government of India Secretariat.

636. For the purpose of the rules in this Section

1. "Household" includes any member of the family of a railway servant resident with him; any lodger or other person who at the time occupies any part of the same unit of residence; any servant of the above living in the same residence.
2. "Medical Officer" means the authorized medical attendant as defined in rule 603(1).
3. "Quarantine" means any restriction imposed upon the movements of a railway servants or upon his intercourse with other railway servants or other persons, designed to prevent the conveyance of disease by him to such other railway servants or persons; such restriction being imposed when any member of the railway servant’s household is known, or on acceptable information believed, to be suffering or to have suffered within a period prior to cognisance of the fact by the quaranting authority not greater than that of the maximum incubation period of such disease, from a quarantinable disease.
4. "Quarantinable diseases" means small pox, cholera, plague, typhus fever, cerebro-spinal meningitis, diphtheria or such other diseases, as may have been declared to be infectious by a State Government within the areas under its administration
5. "Infectious diseases" mean any of the following disease, - Chicken pox, cholera, diphtheria, leprosy, measles, mumps, plague, scarlet fever, small-pox, typhus fever, typhoid fever, whooping cough, cerebro-spinal meningitis or such diseases as may have been declared to be infectious by State Government within the area under its administration.

637. Report of infectious diseases.

1. Any railway servant who knows or has reason to suspect that either he himself or any member of his household is suffering from an infectious disease shall at once advise his superior official to this effect or, if working at the medical sectional headquarters, shall himself directly notify the Medical Officer.
2. The railway servant's superior official notified under (1) above shall take necessary steps to notify immediately the Medical Officer in sectional charge. The message shall specify the suspected illness and the name, designation and address of the railway servant and whether his residence is within railway premises, or if otherwise approximately how far therefrom. If the disease suspected to have occurred in the household is a quarantinable disease, the railway servant concerned should, as early as feasible, be provisionally relieved from duty and debarred from mingling with other railway servants or persons.

   Note.—Regarding quarantine leave, see Rule 555.

638. Verification of disease when a railway servant resides within the prescribed beat of a Medical Officer. - It will be the duty of railway servant residing within the prescribed beat of Medical officer, in whose household a case of an infectious disease is suspected to have occurred to facilitate the access of the Medical Officer to examine the members supposed to be affected or such other members of the household as in the opinion of the Medical Officer may have contracted the disease.

639. Verification of disease when a railway servant resides beyond the prescribed beat of a Medical Officer. - A railway servant, living beyond the prescribed beat of a Medical Officer who knows or suspects a member or members of his household to be suffering from an infectious disease, should endeavour to take immediate steps to procure the examination of the member or members of the household by a medical practitioner, registered or having registrable qualifications, and to procure a certificate from him stating the nature of the illness. The certificate in question should be directed under cover to the Medical Officer in sectional charge through the railway servant’s immediately responsible superior.

640. Duty of person under quarantine. - A railway servant to whom a "Quarantine admission certificate" has been issued shall not, until the issue of certificate terminating his period of quarantine ("Quarantine discharge certificate")

1. either himself frequent or permits members of his household to frequent places of public resort such as institutes, reading rooms places of worship and the like, or
2. if resident in railway premises, leave without the express permission of the Medical officer, the station or any part thereof which the Medical Officer may consider proper, in the interests of the health of the public, to define, or
3. permit any railway servant or any member of the family of a railway servant or any other person not being a member of the Medical or Sanitary staff or other expressly authorized person, to enter his house or hold unnecessary communication with himself or a member of his household.

641. Duty of staff not under quarantine in whose household an infectious disease is verified. - A railway servant in whose household a non-quarantinable infectious disease, viz., chicken-pox, measles, mumps, scarlet fever ,typhoid fever, leprosy or whooping cough is verified to be present in a contagious phase within a prior period not greater than the usual incubation period of such disease, shall attend at railway dispensary or hospital or other convenient place determined by the Medical officer at intervals arranged by the latter for examination, and will continue to do so until such time as it appears that the likelihood of the railway servant contracting the malady in question no longer exists. The railway servant shall also facilitate for a similar period such examination of the members of his household by the Medical Officer as the latter may reasonably deem requisite or, should the railway servant reside beyond the prescribed beat of the Medical Officer, he shall, when called upon, furnish a medical report obtained from a qualified medical attendant certifying to the health of household.

642. When for lack of a railway infectious disease hospital or of isolation wards in a railway hospital or of accommodation in a railway hospital, it is declared by a Medical Officer, not below the rank of Divisional Medical officer, to be necessary in the interests of the railway that the cases of infectious diseases occurring among the members of the family a servant residing in a railway colony should be removed to a civil hospital for treatment the charges which may ordinarily be leviable by the civil hospital in such cases may be met from railway revenues.

Medical attendance and treatment facilities maybe given to family members of the consumer co-operative societies and to the staff and to the members of their families of the co-operative credit societies and Banks on per capita basis. The per capita charge should be calculated on the basis of total expenditure on the medical services (excluding health services) incurred on Railway employees in India during the preceding financial year.

SECTION E—TREATMENT FOR SPECIAL DISEASES, VIZ. TUBERCULOSIS, CANCER, POLIOMYELITIS AND MENTAL DISEASES

643.

1. Railway servants and their families will received, free of charge, treatment for tuberculosis, to the extent facilities are available in railway hospitals. Railway servants and their families may also receive, free of charge, treatment for tuberculosis, in non-railway institutions sanatoria where separate annexes or bed have been reserved for the purpose subject to the condition that the number admitted at any one time does not exceed the number of beds provided in the annexes or reserved beds in the sanatoria at the cost of railway revenues.

   Note. - Cost of special medicines or extra diet should be borne by the Railway administrations if the cost of reservation per bed per annum does not include such charges.

2. Such railway servants and their families may also be allowed re-imbursement, as admissible under the rules, when on the advice of their Railway authorized medical attendant, they go to and are admitted in non-reserved accommodation in the Tuberculosis Institutions recognized for the purpose of medical treatment of Central Government servants and their families suffering from tuberculosis subject to the following certificates being given by the authorized attendant--
   1. Immediate sanatorium or hospital treatment is necessary.
   2. No Railway reserved bed is available.

      Note.—For this purpose the Chief Medical Director of the Railway should contact the Medical Superintendents of the approved sanatoria and refer to them the cases of tuberculosis for admission and treatment subject to the conditions that—

      1. the standard of treatment provided by them is good and efficient;
      2. the patient should as far as possible be admitted to a free ward;
      3. if (2) is not possible, the patient should be admitted to the lowest class of paying wards, where charges shod be comparable to those paid for reserved beds, or upto Rs. 2,400 per bed, per annum, in other sanatoria;
      4. in case the patient prefers to be in paying/costlier ward even when accommodation is available in a free/lowest class of paying ward, he may be allowed to do so but additional cost should not be borne by the Railway.
3. In cases of post-treatment check-up of railway servants who were suffering from tuberculosis, the charges levied by the sanatorium should be borne by the Railway administration where it is considered by the District/Divisional Medical Officer concerned that the patient should be sent in person for a follow-up observation to the sanatorium, subject to the provision that none of the beds reserved for railway servants was vacant; in the sanatorium at the time, to accommodate such a person.

644. A railway servant or a member of his family or dependent relative (who is eligible to receive treatment in non-railway hospitals) may receive free treatment for cancer, poliomyelitis, cerebral palsy and spastics at the nearest recognised hospital providing such treatment subject to the condition that such treatment if recommended by the authorized medical attendant. If the Medical Superintendent of the recognised hospital to whom the patient is sent for treatment by the authorized medical attendant, recommends that special treatment is necessary at the Tata Memorial Hospital, Bombay, in the case of cancer, and the Children’s Orthopaedic Hospital, Bombay in the case of poliomyelitis, cerebral palsy and spastics, such patient may also receive free treatment at these hospitals.

Note .—For the purpose of this rule, cancer may be defined to include any malignant new growth.

Railway Board’s decision.—Advances may be granted to those railway servants whose pay does not exceed Rs. 900/- per month in cases of specialized treatment for cancer, and Rs. 500/-per month in the case of Polio cerebral palsy or spastics Paralysis on the terms and conditions mentioned below:--

1. The advance would be admissible only in cases where a railway servant or a member of his family is being treated as an in-Patient in one of the recognized hospitals for cancer.
2. The application for an advance should be supported by a certificate from the medical officer-in-charge that the patient is being treated as an in-patient in the hospital such a certificate should also indicate the probable duration of stay of the patient in the hospital and the anticipated cost of treatment which would otherwise be reimbursable under the rules and be also countersigned by the authorized medical attendant.
3. The advances should not in any circumstances, be allowed in a case where treatment is being obtained at the residence of the railway servant or at the consulting room of the authorized medical attendant or as an out-patient at a hospital.
4. The amount of the advance will in each case be limited to four months pay of the railway servant concerned or Rs.500 in the case of cancer and two months pay of the railway servant concerned or Rs. 200/- in the case of polio cerebral palsy or spastics paralysis or such other amount as the medical officer-in-charge of the hospital may recommend, whichever is the lowest.
5. Not more than one advance should be granted in respect of the same illness.
6. The amount of the advance should be adjusted against the subsequent claim for reimbursement of the expenditure as admissible under the medical attendance and treatment rules and the balance, if any, recovered from the pay of the railway servant concerned in two equals monthly instalments after the discharge of the patient from the hospital.
7. An advance under these orders will be admissible only to those railway servants whose pay does not exceed Rs. 500 p.m. The term ‘Pay’ for this purpose shall be as defined in rule 103(35).
8. In the case of temporary railway servants the grant of an advance under these orders would be subject to the production of surety from permanent railway servant not governed by the payment of Wages Act.

   ( Railway Board’s letter No.E52ME1/19/Medical, dated the 21st April 1956).

645. Consultation and/or treatment for mental diseases. - A Railway servant or a member of his family or dependent relative suffering from mental disease may receive consultation and /or treatment in the nearest Government recognized Mental Hospital, on the advice of the authorized medical attendant and with the prior approval the Chief Medical Officer, subject to the condition that the duration of the treatment for which reimbursement of medical expenses will be admissible to the Railway servant concerned should no to exceed six months unless the Medical Superintendent of the Mental Hospital concerned, certifies that treatment for a reasonable period upto one year in two or more separate spells (i.e., 6 months or less at a time) beyond the six months limit is likely to lead to complete recovery of the patient.

Note

1. A list of mental hospitals for treatment of Railway servants and the members of their families suffering from mental diseases is given in Appendix V of the Indian Railway (Establishment ) Manual.
2. The amended rule will take effect from 7th March 1962

CHAPTER 7

LAW SUITS AND CRIMINAL CHARGES AGAINST RAILWAY SERVANTS

701.

1. A railway servant may be involved in legal proceedings in the following types of cases, viz., the cases in which acts are done-
   1. in the execution or performance of the official duty,
   2. not in the execution or the official duty, but by virtue of, or having connection with the official position, and
   3. in neither of the above capacities.
2. All claims for reimbursement of legal expenses falling under items (i) and (ii) above shall invariably be referred to the Railway Board for their consideration irrespective of whether or not in such cases the Railway Administration finds any justification for reimbursement of legal expenses. Cases falling under item (iii) may be those in which a person may be guilty of bribery, illegal gratification, corruption, etc., accepted or committed not by virtue of his official position but in his private dealings. No reimbursement will be admissible in such cases.
3. Normally, reimbursement of the fees of only one (or the senior) counsel should be considered. The fees should comprise of professional charges only and should ordinarily exclude other charges such as travelling allowance, clerkage, etc.
4. The Union Public Service Commission shall be consulted in regard to cases of type (i) of rule (1) above under Article 320 (3)(d) of the Constitution on any claim for a cost incurred by a railway servant in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his official duty. In other cases of type (ii) above it is not obligatory to consult the Union Public Service Commission, though the Government may do so if considered necessary.
5. The General Manager my frame subsidiary rules prescribing the procedure to be followed by a railway servant in arranging for his defence. Failures to observe this procedure may result in the reimbursement of the legal expenses incurred by him being withheld.

702.

1. Suits arising out of circumstances connected with the execution or performance of the Official duties or position of the railway servant.
   1. Proceedings initiated by Private parties.—When a suit arising out of circumstances connected with the duty of a railway servant is brought against him the following provisions shall apply
      1.  
         1. if the railway servant is used by a party claiming from him wages of money arising out of transactions in which he is concerned only in his official capacity, and bonafide on behalf of Government, it will be necessary for the railway servant to defend the suit by pleading that Government should be made the defendant as the party really interested.
         2. if however, the suit against the railway servant is for damages in respect of an alleged act of the railway servant as an employee of government, i.e. a suit for wrongs, the party aggrieved may, as a general rule, bring the suit against such railway servant, and it would be no defence for the latter to contend that he has a right to look to the party by whose act he has been aggrieved, whether he could or could not have sued that party’s principal.
         3. whether the suit falls under sub-rule (i) or sub-rule (ii) of this rule, the railway servant who fails to defend the suit or to reply to the plaint in person or by counsel as the circumstances may require, becomes personally responsible.
      2.  
         1. If the government, on consideration of the facts and circumstances of the case consider that it will be in the public interest that government should themselves undertake the defence of the railway servant in such proceedings and if the railway servant agrees to such a course, the railway servant should be required to make a statement in writing as in Annexure ‘A’ and thereafter government should required to make a statement in writing as in Annexure ‘A’ and thereafter government should make arrangements for the conduct of the proceedings as if the proceedings had been instituted against the government.

            ANNEXURE ‘A’

            (Here enter description of the proceedings)

            The Government of India having been pleased to undertake my defence in the above proceedings, I hereby agree to render such assistance to Government as may be required for my defence and further agree that I shall not hold Government in any way responsible if the proceedings end in a decision adverse to me.

            .......................................

            Signature of the Government servant

            Dated....................................

            Where in a civil suit a railway servant is sought to be made liable for damages for acts or negligence in discharge of his official duties of civil nature and Government is impleaded on the grounds of vicarious liability, the Government should arrange for the defence of the railway servant also, provided the defence of the Government and the railway servant are substantially the same and there is no conflict of interest. Each case should be examined in consultation with the Law Officers before undertaking common defence. If it is decided to arrange for the defence of the railway servant, the railway servant, should be required to make a statement in writing as in Annexure B.

         2.  
            1. If the railway servant proposes to conduct his defence in such proceedings himself, the question of re-imbursement of reasonable costs incurred by him for his defence may be considered in case the proceedings conclude in his favour. In determining the amount or costs to be so reimbursed, the government will consider how far the Court has vindicated the acts of the railway servant. The conclusion of the proceedings in favour of the railway servant will not by itself justify reimbursement.
            2. To enable the railway servant to meet the expenses of his defence, the Government may sanction, at their discretion, an interest free advance not exceeding Rs. 500/- or the government servant’s substantive pay for three months, whichever is greater, after obtaining from the railway servant a bond in the form reproduced as Annexure ‘B’.

               The recovery of the advance may be made in not more than twenty four equal monthly instalments, the exact number being determined by the sanctioning authority provided the advance is recovered before the date of retirement. The recovery of the advance should commence on the first issue of pay/leave salary/subsistence allowance following the month in which the advance is drawn. The advance is recoverable from each issue of pay/leave salary /subsistence allowance till it is repaid in full. At the time of reimbursement of legal expenses, the entire balance of advance outstanding against the railway servant should be recovered from the amount reimbursed to him. If the amount reimbursed is less that the outstanding balance of the advance, the remaining amount will be recovered instalments as already fixed. In the case of grant of more than one advance the recovery of such advances should run concurrently.

            3. No second advance in respect of the same proceedings will be admissible. There will, however, be no objection to the grant of more than one advance if they relate to different proceedings against a railway servant.
            4. Where advance is sanctioned to a temporary railway servant, he should be asked to furnish a surety of a permanent railway servant of equivalent or higher status not governed by the Payment of Wages Act, in the format Annexure C.
            5. The amount of advance is debited under the minor head "Other Advances" subordinate to Major Head "Loans to railway servants" under Section "P-Loans and advances by the Central Government."
   2. Proceedings initiated by Government.—Government will not give any assistance to a railway servant for his defence in any proceedings, civil or criminal, instituted against him by the State in respect of matters arising out of or connected with his official duties or his official position. Should however, the proceedings conclude in favour of the railway servant, the government will entertain his claim for reimbursement of costs incurred by him for his defence and if government are satisfied from the facts and circumstances of the case that the Railway servant was subjected to the strain of the proceedings without proper justification, they will consider whether the whole or any reasonable proportion of expenses incurred by the railway servant for his defence should reimbursed to him.
   3. Proceedings initiated by railway servant on his being required by government to vindicate his official conduct.—A railway servant may be required to vindicate his conduct in a court of law when specific allegations are made in the Press against him as an individual public officer. The question whether costs incurred by the railway servant in such cases should be reimbursed by the Government and if so to what extent, should be left over for consideration in the light of the result of the proceedings. Government may, however, sanction an interest-free advance not exceeding Rs. 500 or railway servant’s substantive pay for three months whichever is greater in each case on the execution of a bond by the railway servant in the form reproduced in Annexure ‘B’. In determining the amount of costs to be reimbursed on the conclusion of the proceedings, the Government will consider to what extent the Court has vindicated the acts of the railway servant in the proceedings. Conclusion of the proceedings in favour of the railway servant will not by itself justify reimbursement.
   4. Proceedings instituted by a railway servant Suo-Moto with the previous sanction of Government to vindicate his conduct arising out of or connected with his official duties or position.—If a railway servant resorts to a court of law with the previous sanction of the government to vindicate his conduct arising out of or connected with his official duties or position, though not required to do so by government, he will not ordinarily entitled to any assistance, but government may, in deserving cases sanction advances in the manner indicated above, but no part of the expenses incurred by the railway servant will be reimbursed to him even if he succeeds in the proceedings.
   5. Proceedings instituted against a railway servant by another railway servant in respect of matters connected with the former's official position or duties.—Where, on the basis of the facts and circumstances of the case, it is considered that it would be in public interest to defend a railway servant in a case filed against him by another railway servant in respect of matters connected with the former's official duties or position latter railway servant be treated as a 'private party' and assistance given to the former in terms of Rule 702(I)(1)(b). This will not apply to cases in which the railway servant(s) has/have been impleaded as correspondent(s) by the other railway servant(s) in suits against the Government in regard to conditions of service, such as seniority etc.
   6. Proceedings in respect of matters not connected with the official duties or position of the railway servant. - Government will not give any assistance to a railway servant or reimburse the expenditure incurred by him in the conduct of proceedings in respect of matters not arising out of or connected with his official position, irrespective of whether the proceedings were instituted by a private partly against the railway servant or vice-versa.
   7. Procedure for conducting defence.
      1. It shall rest entirely with government to determine whether it would be just and proper that the defence should be undertaken at the expense of government. If there is a prima facie evidence that a railway servant has acted improperly, he should be left to conduct his own defence, leaving the question of reimbursement to him of the legal expenses incurred by him to be considered by government subsequently on its merits.
      2. Where suits or criminal charges are brought against railway servants, arising out of circumstances connected with their duty, the General Manager of a railway is empowered to undertake their defence by employing such legal assistance as may be considered necessary should, however, the law charges in any particular case be estimated to exceed Rs, 10,000 the prior sanction of the President shall be obtained to the expenditure being incurred. Any costs awarded by the Court to the railway cannot be set off against the expenditure for the expenditure for the purpose of this limit.

      Railway Ministry’s orders.

      1. The prior approval of the Railway Ministry should invariably be obtained in regard to fees to lawyers proposed to be engaged except in cases in respect of which standing arrangements have been made i.e. cases handled by the Railway Advocates/Central Government standing Counsel.
      2. Where a lawyer in engaged at more than Rs. 750/- per day in the Supreme Court or in a Court of Bombay or Calcutta or at more than Rs. 400 per day elsewhere, it should be regarded as a high fee and accordingly the express prior sanction of the Railway Ministry should be obtained.
      3. If in any case it is considered essential to engage the Attorney General or the Solicitor General to appear in any Court, the approval of the Ministry should be obtained.
      4. The fees of the Advocate General and other Law Officers of State Governments engaged on behalf of the Central Government are not governed by any general agreement between the officers and the Government of India. Fees are not paid in Special Police Establishment cases to these officers except to those part-time officers whose terms require payment by the State Government in similar cases. In other cases, fees may have to be fixed according to the merits of each case. When fees are paid to them, these will be subject to the instructions contained in sub-paragraph (b) above.

         The procedure in cases where the total fee payable to a lawyer appearing in several cases before a Court on the same day, or a consolidated fee fixed per case, exceeds the prescribed ceiling limits would be as follows—

         1. It will not be possible to lay down definite limits when fees are fixed per case. The reasonableness or otherwise of fees in such cases will depend on several factors such as the estimated duration of the trial the size of the record to be studied, etc., and it will be for the Railway Administration to judge whether the fees proposed are considered high. If it is considered that the fees per case demanded by the lawyer are prima-facie high, then the procedure laid down in sub-paragraph (b) above should be followed. If however, the High Court has laid down the scale of fees in regard to any class of cases payment upto the limits so laid down can be regarded as reasonable.
         2. When a lawyer is engaged for a number of cases for which he has to appear in the Court on one and the same day and total amount of fee connected, with those cases exceed the prescribed limits. if the for each case is within those limits, the procedure laid down in sub-paragraph (b) above need not be followed.

            ---

            ANNEXURE ‘B’

            BY THE BOND I ........................................... *having taken an advance of Rs............... (Rupees.....................................only) from the President of India (hereinafter called the "Government") promise to pay to the Government the said sum of Rs. ........... in ......................** equal monthly instalments of Rs............... payable by the 10th every month commencing from .....................................................#

            2. AND I agree that in case I cease to be in Government service for any reason whatsoever, the entire balance of the amount shall become at once due and payable and that in case I fail to pay the same before the date of expiry of six months from the date on which the payment of last instalment under this bond would have become due but for any ceasing to be in Government service, whichever date is earlier, the Government without prejudice to any other right to which it shall be entitled under any law for the time being in force, shall recover the entire balance of the amount from me.

            Dated this...........................day of.............................20 ...

            (Signature of Government servant )

            Witness to signature

            1. .......................................

            2.........................................

            Accepted

            ....................................

            (Signature)

            ...................................

            (Designation)@

            For and on behalf of the President of India

            ---

            * Here give the name and other particulars of Government servant including the post held by him.

            ** Here mention the number of instalments.

            # Here mention the date of commencement of the first instalment.

            @ Here mention the designation of the officer who is authorized to execute the bond under Article 299 (1) of the Construction.

            ---

            ANNEXURE ‘C’

            SURETY BOND

            KNOW ALL MEN BY these presents that I ................................. son of Shri............................... resident of .......................................... in the District of ............................ at present employed as a permanent ................................... In the .................................. (hereinafter called "he Surety") am held and firmly bound to the President of India (hereinafter called "the Government") which expression shall include his successors and assignees in the sum of Rs. ................. (Rs...........................................) only with all costs between attorney and client and all charges and expenses that shall or may have been incurred by or occasioned to the Government to be paid to the Government for which payment to be well and truly made I hereby bind myself, my heirs, executors, administrators and representatives firmly by these presents. As witness my hand this.........................................day of......................... one thousand nine hundred and ninety......

            WHEREAS the Government has agreed to grant to Shri.............................. a resident of ..................... in the District of...................... at present employed as temporary/quasi-permanent in the ....................... (hereinafter called "the borrower") at the borrower's own request an advance of Rs. ............... (Rs. ............................. only) for the ................................. and whereas the borrower has undertaken to repay the said amount in .......... equal monthly instalments.

            AND whereas in consideration of the Government ha