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Grant of Leave on Medical Grounds
INDIAN RAILWAY ESTABLISHMENT CODE VOLUME - I, CHAPTER 5 deals with LEAVE RULES
The following rules belongs to Medical Related Leaves
519. Grant of leave on Medical Certificate.- General rules.
520. Grant of leave on Medical Certificate to Group A and Group B officers.
521. Grant of leave on Medical Certificate to Group C & D Railway servants.
522. Leave to a Railway Servant who is unlikely to be fit to return to duty.
551. Maternity Leave.
551(A) Paternity Leave.
551 (B) Paternity leave to male casual Railway employee who has been granted temporary status.
552. Special disability leave for injury intentionally inflicted.
553. Special disability leave for accidental injury.
554. Hospital leave.

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 1st April to 30th June in Summer, from 1st October to 15th 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.


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.

[ 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)]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.

 




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