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Maternity leave
Act Rules Indian Laws
Regulation 45 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Maternity leave for female employees is available on full leave pay for up to 180 days at one time, subject to an overall service ceiling of 360 days. Hysterectomy-related leave and medically certified miscarriage or abortion leave fall within that ceiling. Eligible commissioning mothers and employees adopting a child below one year may receive maternity leave from the date custody of the child is given, subject to applicable conditions and documentation.

Sick leave
Act Rules Indian Laws
Regulation 44 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Sick leave accrues at twenty days per year of service, subject to a cumulative ceiling, and ordinarily requires a medical certificate unless the leave does not exceed three days. It is generally available on half pay. After three years of service, an employee may seek full-pay sick leave within the prescribed aggregate limit, with full-pay leave debited at twice the period taken. Leave is credited half-yearly, cannot be taken for a half day, and first-year pro-rata leave requires prior permission.

Encashment of Ordinary Leave
Act Rules Indian Laws
Regulation 43 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Ordinary leave may be encashed once per calendar year for between ten and thirty days if the required leave balance is retained. Employees with more than eight years' service who did not join through direct recruitment in Grade A or as Multi-Tasking Staff have a reduced balance requirement. Cash equivalent of unavailed leave may be granted on death or medically certified permanent incapacity. On resignation after required probation and notice, half of the leave credit may be encashed, subject to a five-month cap.

Ordinary leave
Act Rules Indian Laws
Regulation 42 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Ordinary leave accrues at 30 days annually, credited in 15-day instalments every half year, and is capped at 300 days. When the balance reaches 286 days or more, the next credit is held in an additional account and leave taken during that half year is deducted from it. Leave exceeding the ceiling lapses at the relevant half-year end. Accrual stops during continuous non-casual leave exceeding six months, while proportionate credits apply for shorter service. Ordinary leave normally requires a minimum five-day period, advance application, and pay equal to leave pay.

Regulation 41 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Special hardship leave is available to eligible employees for family-care or health purposes, subject to prior approval and discretionary assessment of administrative exigencies and individual merits. It is limited to an aggregate maximum of two years during service and is generally without pay, perquisites, and allowances, except house allowance and eligible medical-treatment claims in India. The leave cannot be used to avoid transfer, posting, or placement. Resignation or voluntary retirement may result in compensation or recovery obligations, while outside trade, employment, business, or profession may lead to cancellation and recall.

Special Casual Leave
Act Rules Indian Laws
Regulation 40 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Special casual leave may be granted for quarantine, duty-related bodily injury supported by a medical certificate, civil-defence-related training or duties, exceptional circumstances, and specified family-planning procedures. Except for exceptional circumstances, combined casual leave and special casual leave cannot exceed forty-five days in a calendar year, with excess absence treated as another admissible form of leave. Employees with benchmark disabilities may receive approved leave for disability-related programmes and disability-specific requirements, subject to work exigencies and conditions determined by the Competent Authority.

Casual leave
Act Rules Indian Laws
Regulation 39 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Casual leave is limited to twelve working days per calendar year, subject to minimum and maximum periods for each spell. It cannot be combined with other leave except special casual leave, and public holidays cannot extend continuous absence beyond the prescribed limit without conversion of the entire absence into Ordinary Leave. Leave is credited annually or on a pro-rata basis, requires prior sanction or timely intimation, and excess leave on retirement or resignation is adjusted against Ordinary Leave or dues. Half of unused leave is credited to Ordinary Leave at year end.

Regulation 38 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Leave eligibility during suspension and disciplinary proceedings is restricted. Leave may not be granted to an employee who is under suspension or against whom disciplinary proceedings are pending.

Regulation 37 of the International Financial Services Centres Authority (Employees' Service) Regulat...
37. The Competent Authority may require an employee, who has availed of leave on medical grounds for a period of more than three days, to produce a medical certificate of fitness before she resumes duty even though such leave was not actually granted on the basis of a medical certificate. =============... ... ...

Regulation 36 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employees returning from leave must ordinarily resume duty at the station where they were posted immediately before commencing leave. They may be required to report at another station where a specific contrary instruction directs a different reporting location.

Regulation 35 of the International Financial Services Centres Authority (Employees' Service) Regulat...
35. An employee shall, before proceeding on leave, intimate to the Competent Authority her location(s) and contact details while on leave, and shall keep the Competent Authority informed of any change in her location(s) previously furnished. Explanation : The term location in this regulation is intended to cover the broad location of the employee such as a state (in case of travel within India) or Country (in case of travel outside India). =============... ... ...

Regulation 34 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Employee leave commences on the first working day immediately after the last working day on which the employee reported for duty. Leave terminates on the working day immediately before the employee resumes duty after returning from leave. The applicable starting and ending points are tied to the working days surrounding the employee's duty status.

Regulation 33 of the International Financial Services Centres Authority (Employees' Service) Regulat...
33. (1) Leave cannot be claimed as a matter of right. (2) The discretion to refuse or revoke any kind of leave is reserved with the Competent Authority, and an employee already on leave may be recalled by the Competent Authority when it considers so necessary due to work exigencies or otherwise in the interest of the Authority. (3) The employee may join the duty before the expiry of the sanctioned leave, with intimation to the Competent Authority. (4) Save as otherwise specifically ... ... ...

2024 (4) TMI 1430
Case Laws Indian Laws
-
N.J.JAMADAR, J. For the Applicant : Mr. Taraq Sayed with Ms. Ashwini Achari For the Respondent : Mrs. Aruna S. Pai, Spl. P.P. For the State : Mr. Prashant Jadhav, APP P.C. 1. Heard the learned Counsel for the parties. 2. The applicant who is arraigned in F.No.NCB/MZU/CR-92/2021 for the offences punishable under Sections 21(b), 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has preferred this application to enlarge him on bail. 3. A specific inf... ... ...

Regulation 32 of the International Financial Services Centres Authority (Employees' Service) Regulat...
32. The power to grant leave shall vest in the Competent Authority. =============... ... ...

Kinds of leave
Act Rules Indian Laws
Regulation 31 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Leave entitlement includes casual, ordinary, sick, special, maternity or paternity, extraordinary, accident, study, compensatory, and other Authority-specified special leave. Leave pay is drawn at the full or half rate applicable to the leave type, but no pay is admissible during extraordinary leave.

Domicile
Act Rules Indian Laws
Regulation 30 of the International Financial Services Centres Authority (Employees' Service) Regulat...
30. (1) Every employee shall, on her appointment, declare her domicile in writing to the Authority, and if such domicile is not her place of birth, she must establish the same to the satisfaction of the Competent Authority. (2) No employee who has once indicated her domicile, shall be allowed to alter the same unless the employee satisfies the Authority that the change is bona-fide and in no case may an employee be permitted to change her domicile in such a manner as to increase the cost ... ... ...

Regulation 29 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Promotion to a higher grade retains the existing increment date where the employee has not reached the maximum of the pre-promotional incremental scale. If the employee has reached that maximum, the next promotional-grade increment is due one year from actual promotion. Where a post-scale benefit, including personal allowance or stagnation increment, would accrue in the pre-promotional grade within that year, the promotional-grade increment becomes due on the date that benefit accrues.

Re-fixation of pay
Act Rules Indian Laws
Regulation 28 of the International Financial Services Centres Authority (Employees' Service) Regulat...
28. (1) Subject to such special or general instructions as may be issued by the Authority, the pay of an employee appointed through direct recruitment, or from one grade in the Authority to another, shall initially be so fixed in the scale of pay of the post in which the employee is appointed that it is not less than her substantive pay. (2) On confirmation in the higher grade, the pay of an employee shall be fixed at such appropriate stage as may be decided by the Competent Authority. ... ... ...

Increments
Act Rules Indian Laws
Regulation 27 of the International Financial Services Centres Authority (Employees' Service) Regulat...
Annual increments accrue yearly irrespective of probationary, officiating, or substantive service. Deputed employees ordinarily receive increments based on their Authority joining date, subject to protection of the lending organisation's increment date where necessary to avoid pecuniary loss. Leave without pay generally does not count unless authorised, while higher-grade officiating service counts for relevant increments. Withholding is limited to disciplinary action, and stagnation increments may be granted at the final scale stage.

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