(Referred to in note 6 to
rule 5.57)
Rules for payment of fees to expert witnesses summoned in Criminal Courts.
1. When any Court has to form an opinion upon a point of foreign law, or of science
or of science or art, or upon the identity of handwriting or finger impressions, a person who called to give an opinion in view of his special skill in such foreign law, science or art, or in question of identity of handwriting, or finger impression, is an expert witness and his evidence is expert evidence.
Explanation : The question whether evidence is expert or not must be judged by the purpose for which the witness is called, and the nature of the facts to which the witness testified in examination-in-chief. Evidence is not to be classed as expert merely on the strength of cross-examination. If the witness is called primarily to testify to facts observed by him in his ordinary or in his professional capacity, his evidence is ordinary evidence, if, however, he is called primarily to give an opinion based on his special knowledge or skill, but not on any previous acquaintance with the facts of the particular case, which before the court, his evidence is expert evidence.
Examples : - (i) A doctor who is called on account of his special knowledge to give an opinion on the question whether a particular person is physically capable of doing an act, which is attributed to him, gives expert evidence. If he is called to describe injuries which he has himself seen, or to attest a certificate of injuries which he has supplied, his evidence is not expert of his examination he uses technical terms in describing the injuries or if he is asked to give an opinion regarding the effect of the injuries on the constitution of the injured person.
(ii) A goldsmith who was called on account of his technical knowledge to advice the court where a particular ornament was made would be giving expert evidence, if the opinion was one which could be given by a goldsmith, but it would not be expert knowledge if he was merely identifying an ornament made be himself.
(iii) A small arms expert called from a Government arsenal to state whether the marks on a bullet could be caused by the rifling of a particular kind of rifle or revolver, or whether a shot could travel a particular distance, gives expert evidence.
II. Subject to the provisions of rule III to V below, expert witnesses who happen to be Government employees are bound by the ordinary rules relating to payment of traveling allowance and subsistence allowance to Government employees called as witness. These rules are contained in Traveling Allowance Rules.
III. In any case in which it is absolutely necessary to summon either the Chemical Examiner or his Assistant, to give evidence in court, the following fees shall be paid :-
For each appearance in court :--
In Headquarters Outside Headquarters
Chemical Examiner, Rs. 16 Rs. 100 with 1st class railway
Fare and all traveling expenses.
Assistant Chemical Examiner Rs. 10 Rs. 100 with 1st class railway
Fare and all traveling expenses
In a case, in which the above fees are payable to the Chemical Examiner or his Assistant, by Government no payment shall be made. He will draw traveling allowance, at the usual rates admissible under the Traveling Allowance Rules. In other cases in which traveling allowance is admissible under the Traveling Allowance Rules and fees are payable by private persons, such fees should be credited to Government.
IV The following scale of fees has been prescribed for medical men of different classes summoned as expert witnesses :--
|
SN |
Class of Medical Officer |
For giving evidence in a criminal case in a station
where he resides |
For giving evidence in a station other than the one |
|
1. |
Civil Surgeon Principal Medical Officer, Senior Medical Officer or other Medical Officer of equivalent standing |
Rs.16 to Rs.50 |
Rs.16 to Rs.50 plus traveling allowance at tour rates |
|
2. |
Medical Officer |
Rs.10 to Rs.25 |
Rs.10 to Rs.15 per diem plus traveling allowance at tour rates |
|
3. |
Assistant Medical Officer |
Rs.4 to Rs.10 |
Rs.4 to Rs.10 plus traveling allowance |
|
4. |
Private Medical Practitioner |
Rs.16 to Rs.32 |
Rs.16 to Rs.100 per diem provided that the sanction of High Court is obtained to any fee over Rs.32 per diem, plus actual traveling expenses. |
(1) If a Government medical officer is summoned by the court at the instance of the Government he should be treated as being on duty, and he should be allowed to draw his traveling and daily allowance under the Punjab Traveling Allowance Rules, if the Court is situated away from his headquarters, if the Court is situated at his headquarters, if the Court is situated at his headquarters, he should not be paid anything.
(2) If such an officer is summoned by the Court at the instance of a private person or party, such attendance in the Court should be regarded as private practice of the nature of expert evidence, and should be regulated as follows:-
(i) The officer may accept the fee within the limit prescribed above with the sanction of the Court concerned. If, however, in any individual case, it is considered necessary by the Court, that a fee, in excess of the prescribed limit, should be allowed this be accepted only with the specific sanction of Government in each case, which should be obtained through the Head of the Department in which the officer is serving.
(ii) The appointment of the fees realized from private persons or parties between Government and the medical officer will be in the ratio of 50 : 50 but for accounting purposes it will, in the first instance be necessary that the full amount realized should be credited to Government, the share of the officer being thereafter drawn from the Treasury on a refund bill.
(iii) The officer’s traveling and subsistence allowance should be paid by the private person or party at whose instance he may have been summoned.
V. In the case of certain other particular experts special fees have been fixed as follows.
|
SN |
-- |
For giving evidence in a criminal case in a station
where he resides. |
For giving evidence in a station other than the one
in which he ordinarily resides. |
|
1. |
Government Examiner of Questioned Documents |
... |
See Annexure A |
|
2. |
Officials of the Finger Print Bureau |
No fees... |
No fees |
|
3. |
Non-Official hand-writing experts |
Rs.16 to 32 |
Rs.16 to Rs.100 per diem provided that the Sanction of the High Court is obtained to any payment at rates exceeding Rs.32 per diem: plus actual traveling expenses. |
VI. In order that payments may be easily checked in audit a clear distinction should be drawn between amounts paid as subsistence allowance and amount paid as traveling allowance.
ANNEXURE ‘A’
(Referred to in Rule V)
Rules regulating applications for an payment of the services of the Government Examiner of Questioned Documents.
1. Applications should be sent direct to the Government Examiner of Questioned Documents. Intelligence Bureau, Ministry of Home Affairs, Railway Board Building, Simla-3.
2. (i) Applications received direct from private individuals will not be entertained.
(ii) Applications received from Police Officers below the rank of Superintendent of Police will not be entertained.
3. Acceptable applications fall into two classes :-
A. Official applications from :-
(i) State Governments and Offices subordinate to them.
(ii) Presiding Officers of Criminal Courts (including Sessions Courts); High Court, Court Martial etc.,
B. Other applications - These include-
(i)(a) Cases from private parties in civil suits in Indian Courts:-
These will be accepted only on the requisition of the Court, in which the case is being heard. The party concerned must more the court and it will rest with the Court to take the further steps necessary to obtain the services of the Government Examiner of Questioned Documents.
Explanation: References made by a Court suo moto in civil cases in which the State is not a party will be deemed to be cases from private parties for the purpose of these rules.
(ii) Cases from Municipal Corporations, District Boards, Zila Parishad municipalities, and other local bodies and from Universities, from autonomous corporation and quasi-Government Bodies, e.g. D.V.C. D.T.S. etc.:
(a) Applications from recognized Universities will be received direct.
(b) Application from municipal corporations will be received direct, but from other local bodies will be accepted only, if received through the local district magistrate who should satisfy himself, before forwarding the application, that it is desirable that the Government Examiner of Questioned Documents should be consulted.
(iii) Complaint cases, revenue cases, Tenancy Act cases and other miscellaneous Act cases from Indian Courts:
These cases will be accepted only if forwarded by Presiding Officers of courts:
4. Applications falling under classes A and B will ordinarily be accepted but may be refused at the discretion of the Government Examiner of Questioned Documents if they cannot be undertaken without detriment to his other work.
5. An inclusive fee will be charged in each case, in which an opinion is given and will normally cover the opinion, the cost of photographs and the giving of evidence, limited in class B cases to one day. The inclusive fee for class A cases (see rule 3) will be Rs.220, and for class B cases 250. (This fee does not cover traveling allowance, which is governed by rule 15 below).
6. Subject to the exception stated at the end of this rule, the fee is payable in advance in all cases and each application should be accompanied by a certificate in the following form :
Certified that sum of rupees two hundred and twenty (Rs.220)/two hundred and fifty (Rs.250) has been deposited in the_________________________________Treasury on ____________________, on account of the Government Examiner of Questioned Documents fee in case/suit No._____________________________________and that this amount has been shown under head XIX – Police Central Misc. Fees for the Service of Government Examiner of Questioned Documents, in the Cash Amount of Central subjects for the month of________________________________________and appears at item No._______________________________________in the relevant Receipt Schedule.
Signature of Treasury Officer
Countersigned.
(Signatures of Officer submitting the case).
In special circumstances, which should be stated in the application, class A cases will be accepted without this certificate, but the certificate should be forwarded as soon as possible.
7. In cases where the cost of photographs is exceptionally heavy the fee will be Rs.180 plus the actual cost of the photographs in class A cases and class B cases Rs.200 plus the actual cost of photographs.
In class B cases the authority submitting the cases will be informed of the extra cost involved before it is incurred and will be required to certify that it has been deposited before the Government examiner of Questioned Documents proceeds with the case.
8. x x x x x x
9. (i) In cases in which no opinion is given but photographs are taken, only the actual cost of photographs will be charged, subject to a minimum of Rs.35.
(ii) In cases in which examination has been completed but no opinion could be expressed a consolidated fee of Rs.100 will be charged.
10. No reduction in the fee will be allowed if evidence is not required or is taken on commission.
11. (i) In class B cases an additional fee of Rs.200 will be charged for each day, after the first day on which evidence is given, whether in court or on commission, or on which the officer is detained. The Presiding Officer or the Commission will be requested to certify, before the second and each subsequent day’s work is begun, that the fee for that day and also for any intervening day or days of detention has been deposited, and subsequently to furnish a certificate in rule 6 above.
(ii) A fee of Rs.250/- will be charged in a class B case even for the first day’s evidence if evidence is taken upon an opinion expressed on the same documents when they formed part of a criminal case. Where one class ‘A’ case is split up in Court into several cases, a fee of Rs.150/- (Rupees one hundred and fifty) will be charged for each split up case. Similarly, where one class ‘B’ case is split up in court into several cases, the fee will be Rs.200/- (Rupees Two hundred only) for each split-up case.
12. In cases falling under class B the Government Examiner or his Assistant will be prepared to attend Courts, provided that he can do so without detriment to his other work. When evidence is taken on commission; the commission should be issued to the Senior Sub-Judge, Delhi, and normally should be so worded that either the Government Examiner or his Assistant can give evidence.
13. Presiding Officers of Courts are requested to detain the Government Examiner of Questioned Documents or his Assistant for the least possible time compatible with the requirements of the case. They are also requested to accept, so far as possible, the time and dates for attendance offered by these officers, because other latter frequently have to attend several Courts in the course of one tour.
14. The Government of India, in Ministry of Home Affairs, reserve the right to impose an extra charge in any case in which they consider that the usual fee is incommensurate with the time and labour spent on the case.
15. When the Government Examiner of Questioned Documents or his Assistant is required to travel in order to give evidence or for any other purpose, the authority or party employing his services will be required to pay traveling allowance at the rates laid down for first grade or Officers in the Supplementary Rules of the Government of India for journeys on tour. Traveling allowance will also be payable for the peon accompanying the officer at the rates, fixed for Government of India peons. These payments will be adjusted as directed in the late Home Department letter No. F. 128/VIII/27-Police,dated the 12th January, 1928 (see—Appendix).
In class B cases the Presiding Officer of the Court concerned will be required to certify that the cost of traveling allowance has been deposited before the Government Examiner of Questioned Documents or his Assistant undertakes the journey.
(Referred to in Note I to
Rule 5.64)
General Instructions for regulating the patenting of inventions made by Government employees whose duties involve the carrying out of Scientific or Technical Research
1. In these Instructions:-
(1) “Committee” means the Patents Advisory Committee (see Annexure B).
(2) “Inventor” means any Government employee whose duties involve carrying out of Scientific or Technical Research.
(3) “Department” means that Department of the State Government, in charge of any Research Organization.
( 4) Research Organization” means any technical or scientific establishment under the State Government, where research work is carried out, and includes also an establishment where research work is carried out in addition to any other routine work.
(5) “Secretary” means Secretary of the Patents Advisory Committee.
(6) “Government”—unless otherwise specified, the word “Government” wherever it occurs in these instructions shall means “State Government.”
2. An inventor should not, without the previous permission of the Government, employ a patent Agent or disclose the invention to any person, otherwise than as provided in clause 4, or publish or join any person not connected with the invention in his application for a patent, or file a completer specification, or make any application for a patent in any other country.
Until the Patents Advisory Committee makes a decision under clause 19, the particulars about any invention disclosed by an inventor should be treated as confidential, and deemed to belong to, and held in trust for, Government.
3. Every inventor should, if so ordered, do everything necessary for obtaining a patent whether in Punjab (India), any other part of Indian Union, or any other country, under such conditions as may be prescribed by the Government.
4. Every inventor, who evolves an invention, should promptly disclose it to the Head of the Research Organization, where he is working.
5. Where an inventor discloses his invention to the Head of his Research Organization, with or without a request for permission to file an application for a patent, accompanied by a Provisional Specification, the Head of the Research Organization Should, through a secret communication, forward the information to the Department concerned together with his remarks on :--
(i) The connection, if any, between the invention and the inventor’s official duties;
(ii) The extent to which the inventor has used the facilities provided at Government expense ;
(iii) Whether the results are of such a nature that they should be published instead of being patented ;
(iv) Patenting the invention in foreign countries ;
(v) The estimated needs of the Department concerned and the Government as a whole;
(vi) The probable contribution to public welfare; and
(vii) His recommendations , if any, as to further action deemed appropriate.
6. An inventor, paid out of the Defense Service Estimates of the Union Government, should not apply for or obtain a patent except as provided for in the special regulations prescribed by the Ministry of Defense for that purpose from time to time.
7. An inventor, other than an inventor paid out of the Defense Service Estimates, may file an application for a patent, accompanied by a Provisional Specification, after obtaining the permission of the Head of the Research Organization, where he is working :
Provided that, incase the inventor is himself the Head of a Research Organization, he may file such application without obtaining previous permission of the Government.
The Government hereby authorizes the Head of every Research Organization to grant, in his discretion, to any inventor working under him permission under Rule 5.64 of C. S. R. Vol. I, Part I, to file an application for a patent accompanied by a Provisional Specification :
Provided that, where the Head of a Research Organization does not deem it fit to grant the permission, for instance, where the invention is likely to have utility for Defense purpose, or for the department concerned, he should forward the papers to the Department concerned, together with his remarks.
9. Where an inventor desires to obtain permission in accordance with clause 7, his request to the head of his Organization should be made on the prescribed for shown in annexure “A” which should be filed in quadruplicate.
10. If the Head of a Research Organization decides to grant the permission, he should assigned all the four copies of the forms, return one copy to the inventor retain one copy, and forward the remaining two copies, along with two copies of the Provisional Specification to the Department concerned.
11. If the request for permission is accompanied by a Complete Specification (which should be duplicate), the Head of the Research Organization should, through a secret communication, forward the papers to the Department concerned, together with his remarks on point referred to under sub-paragraphs (i) to (vii) in clause 5.
12. Upon receipt of a communication of an invention from the Head of the Research Organization, the Department concerned should examine the case. If they consider that the results proposed to be patented are of such a nature that they should be published instead of being patented, they will refuse the inventor’s request for permission to take out a patent. The Department may take such steps as they consider expedient for publishing the invention, or for otherwise disposing of the invention. On receipt of intimation of such refusal, the inventor shall abandon his application for patent, if any, filed on the basis of a Provisional Specification. In all other cases the Department concerned should, within 15 days of their receipt of the communication from the Research Organization, forward the papers to the Secretary with their recommendations. While forwarding the papers to the Secretary the following documents should be supplied through a secret communication :-
(i) If the invention was disclosed unaccompanied by a request for permission to take out a patent, full particulars of the invention so disclosed;
(ii) If an application has been made on the basis of a Provisional Specification, a copy each of the application and the Provisional Specification filed at the patent office; and
(iii) If a request for permission has been made to take out a patent on the basis of a Complete Specification, a copy of the Complete Specification.
13. Upon receipt of the foregoing communication from the Department concerned, the Secretary will submit the information for the consideration of the Committee, who will consider whether the permission asked for under Rule 5.64 of C.S.R., Vol. I, part I, should be granted, with or without conditions.
14. If the Committee is satisfied that the invention has no connection whatever with the inventor’s official duties, or does not fall within technical field of activity of the Department concerned, it will, if the inventor has applied for permission to take out a patent, grant him the permission, under rule 5.64 of C.S.R., Vol. I, Part I, without any restriction.
15. If the committee considers that the invention has been made in the course of the inventor’s official duties, or that the invention has resulted from facilities provided at Government expense, it will decide whether an application for a patent should be made to the Controller of Patents and Designs on the basis of a Complete Specification.
16. If the Committee decides that an application for a patent should be made on the basis of a Complete Specification, the Secretary will, if necessary, obtain from the inventor further particulars required for the drafting of the Complete Specification, and take the necessary steps to prepare and file the Complete Specification, within 9 months from the date of the Provisional Specification, if any. The application will be made in the name of the inventor, on the understanding that he will hold the patent in trust for the Government.
17. The Complete Specification and the drawings, if any, required for filing and prosecuting the applications for patents, will be prepared by the Research organization when facilities exist for such purposes and in other cases, by the Secretary, or by such agency as may be appointed by the Committee.
18. All fees up to the stage of acceptance, in respect of every application prosecuted by the Secretary, will be borne by the Committee.
19. On filing a Complete Specification the Committee will consider:-
(i) whether the invention should be published for free use by the public; or
(ii) whether a patent should be taken out for exploitation by Government; or
(iii) whether the inventor should be allowed to take out a patent for his own benefit.
20. If the Department or the Committee decides that the invention should be published for free use by the public, it will refuse the inventor’s request, if any, for permission under Rule 5.64 Civil Services Rules, Volume I, Part I, and the Secretary will not prosecute the application for patent beyond the stage of its acceptance. In all such cases the Committee, on the advice of the Department concerned, will determine ex-gratia payment, if any, and will advise the Department concerned accordingly.
21. If the Committee decides to take out a patent for exploitation, the Secretary will proceed with the application and on obtaining in patent, take the necessary steps to get the inventor’s rights under the patent assigned to the Government.
22. In all cases where the Committee decides to take out patents for exploitation, it will decide also the manner in which the patents should be exploited.
23. Inventions which the Committee considers are of no interest to the Government, either for Commercial exploitation, or publication for free use to the public, will be returned to the inventors, if they so desire, and they will be allowed to take out patents frothier own benefit subject to--
(i) the reservation of the right of the Government to the use of the invention either without payment or on such terms as the Government may consider reasonable; or
(ii) the condition that the inventor will not assign or deal with or grant licenses to any person without obtaining the prior permission of the Government.
ANNEXURE ‘A’
Request for permission to file an application for a patent accompanied by a Provisional Specification direct to the Patent Officer.
(To be filed in quadruplicate)
I/We hereby request permission to file an application for an Indian patent accompanied by a Provisional Specification in respect of___________________________________________________________(here give title of invention). In consideration of grant of such permission I/We declare as follows: -
2. I/We declare that that this invention has/have not been evolved in the course of my/our official duties and as a result of the research and facilities provided at Government expense.
3. Four copies of the Provisional Specifications, which it is proposed to forward to the Controller of Patents and Designs, Calcutta (or an equivalent description of the invention) accompany this request. Immediately after dispatching the application I/We will submit two exact copies of the documents forwarded to the Controller of Patents and Designs.
4. I/We wish to apply for patent, in my/our name on the understanding that I/We of Punjab, will hold the patent when granted, in trust for Governor of the Punjab (here-in-after called Government) and will assign the same to the Government, whenever called up to do so.
5. I/We will, if so ordered, withdraw my/our application for patent.
6. I/we will not file the complete Specification in respect of this invention without the prior permission of the Government, or in the manner as may be directed in the matter.
7. I/We will not apply for a patent in any other country or any of the States of the Indian Union, in respect of this invention, without the prior permission of Government.
Inventor’s signature............................................................................
Designation...............................................................................................
Dated_____________________________________________________
My/Our address for service in the Punjab is________________________________________________________________________________________________________________________________________
Permission granted.
Signature of the Head of the Research Organization__________________________
Designation__________________________________________________
Dated_______________________________________________________
Received one copy.
Signature of the Inventor (or Inventors)__________________________________
Dated____________
ANNEXURE ‘B’
Members of Patents
Advisory Committee
(1) Secretary to Government, Punjab, Health Department-- (President)
(2) Director of Irrigation Research Institute, Amritsar-- (Member)
(3) Director of Industrial Research Laboratory--(Member)
(4) Omitted
(5) Director, Health Services—(Member)
(6) Secretary to Government, Punjab Finance Department --(Member)
(7) Director of Industries, Punjab—(Member, Secretary)
Omitted
(Referred to in note to rule, 8.3 note to rule 8.48 (a), Note to 8.50 Note to Rule 12.1 and Rule 12.2)
(Instructions issued by the Comptroller and Auditor General in order to secure efficiency and uniformity of audit in relation to leave procedure).
CERTIFICATE OF
ADMISSIBILITY
1. Gazetted Government Employees: -Leave should be sanctioned to a Gazetted Government employee only after its* admissibility has been certified by the Accountant-General who has been auditing his pay.
In respect of State Government officers who are being transferred to the Central Government as a temporary measure but continue to be governed by the State Leave Rules, the reporting of the admissibility of leave to such officers should be done by the Accountant-General of the State Government concerned. For this purpose the officer should submit his application for leave in duplicate to such State Audit Officer who should after duly recording the necessary certificate on the application, return one copy of it to the officer concerned direct and the other to the Audit Officer who audits his pay indicating at the same time the lines on which the leave salary is to be calculated and also furnishing simultaneously the necessary particulars about pay, etc., drawn by the officer which may be available in his office and which may be necessary for the latter Audit Officer to know for the calculation of the leave salary if such particulars have not been furnished already.
Note:- See note 2 below Instruction (7) below.
2. Non-Gazetted Government Employees:- Before leave is sanctioned to a non-gazetted Government employee, the authority sanctioning the leave should either consult the leave account and satisfy himself that the leave is admissible, or obtain a certificate to that effect from the officer entrusted with the attestation of the entries in the leave account, when the application for study leave or other leave specifically granted for purposes of study out of India, the authority sanctioning the leave should obtain a certificate of admissibility from the Accountant-General concerned before sanctioning the leave.
In the case of State Government employees transferred as a temporary measure under the Central Government, the authority competent to sanction the leave may get a certificate of admissibility of leave under the State Leave Rules where necessary from the lending office under the State Government concerned.
3. Military Officers: - When a Military Officer becomes subject to the Civil Leave Rules, the Defense Accounts Officer in-charge of his record of pension service will, on application and on being furnished with the date of commencement of active service in Civil employ, furnish to the Accountant-General to whose audit he becomes subject, a memorandum showing the furlough earned, the different kinds of leave taken (distinguishing those which should be deducted from the maximum furlough admissible) and the balance of furlough due under the Military Rules.
4. (a) Application for leave from Military officers/Civil employ whether they are subject to Military Leave Rules or the Civil Leave Rules should be sent through the Civil Accountant-General who audits the pay of the officer going on leave. The Civil Accountant-General will, if he considers it necessary consult Defense Accounts Officer from whose payment the Officer is transferred to the Civil Department before certifying to the leave and specifying the Leave Salary. No Leave should be sanctioned to such an officer before a report is received from the Civil Accountant-General.
(b) In the case of Military Officer subject to the Military Leave Rules the Civil Accountant-General should obtain from the Defense Accounts Officer from whose payment the officer is transferred to the Civil Department a certificate stating the amount of leave to which the officer is entitled and the rate of leave pay and allowances admissible during the said period of leave before issuing a leave salary certificate.
5. Government employees in foreign service:- In the case of a Government employee on foreign service, leave cannot be sanctioned until the Accountant-General of the Government (Central or State), under which he was permanently employed at the time of his transfer to foreign service has certified the amount of Leave and the Leave salary admissible.
Note 1:- For the purpose of his rule, the Accountant-General of the State in which the contributions towards leave salary and pension of a Government employee on foreign service are recovered will act as the Accountant-General of the Central Government.
Note 2:- In the case of Military Officers in temporary civil employee, the Defense Accounts Officer who receives the foreign service contributions of the officers concerned is responsible for certifying to the amount of leave and leave salary admissible; the necessary information in the case of Military Officers subject to the Civil Leave Rules being obtained from the Civil Accountant-General concerned.
Payment of Leave Salary in
India
6. Non-Gazetted Government Employees:- The leave salary of a non-gazetted Government employee on leave in India or on leave out of India cannot be drawn in India except over the signature of the Head of his office; and the latter is responsible for any over-charge.
7. Gazetted Government Employees:- No gazetted employee who holds an active lien can begin to draw his leave salary without producing a leave salary certificate from the Accountant-General, who audited his pay before he proceeded on leave.
Note 1:- An officiating Gazetted Government employee who holds an active or suspended lien on a non-gazetted post, will retain his gazetted status for all purposes (e.g. for issue of notifications, drawl of leave salary and allowances, grant or extension of leave on medical certificate etc.) during the period of leave taken by him including extensions, if any, but before resuming duty as a non-Gazetted officer. The authority sanctioning the leave should in such cases intimate the fact to the head of office where the Government employee is Permanently borne, sufficiently in advance to enable the latter to make the necessary consequential arrangements.
Note 2:- On receipt of the duplicate copy of the application for leave of the officers mentioned in second sub-paragraphs of Instruction (I) of this Appendix with the certificate of the State Audit Officer on the leave, the Audit officer who audits his pay should calculate the leave salary admissible and issue the leave salary certificate to the officer direct in the usual manner.
8. If during leave the Gazetted Government employee desires to change the office at which he receives payment of his leave salary, he must obtain a new certificate from the Accountant-General within whose jurisdiction his leave salary was last paid.
9. If a gazetted Government employee signs his bill himself he must either appear in person at the place of payment or furnish a life certificate signed by responsible officer of Government or some other well known and trustworthy person. If he draws his leave salary through an authorised agent, the agent whether he has or has not a power of attorney, must either furnish a life certificate as aforesaid, or execute a bond to refund overpayments. A life certificate may be given periodically; a bond being given to cover intermediate payments not supported by life certificates.
10. The provisions of paragraph 7 to 9 above apply also to Gazetted Governments employees who spend their leave out of India and who have to draw their leave salary in rupees in India.
Note:- A certificate of residence should be obtained from Government employees who draw their leave salary at the rupee rate.
11. Return to duty - Before returning to duty, a Government employee who has drawn his leave salary in India should obtain a last pay certificate from the Accountant-General within whose jurisdiction his leave salary was last paid, and deliver it to the Accountant-General who audits his pay. Without such certificate he cannot obtain payment of any arrears of leave salary or pay due to him.
12. Leave salary during leave preparatory to retirement - A gazetted Government employee, on leave, preparatory to retirement or refused leave or terminal leave or such other leave on the expiry of which he is not expected to return to duty, should record a certificate on the leave salary bill that during the period for which leave salary is drawn he was not re-employed under Government, local fund or a private employer.
In case of non-gazetted Government employees, similar certificate should be recorded by the drawing officer on the bills in which the leave salary is drawn after obtaining declarations regarding non-employment from them.