Regulation 36A - Special hardship leave - Securities And Exchange Board Of India (Employees' Service) Regulations, 2001

1 [Special hardship leave 4 [ **** ]. 36A. (1) Eligibility. (a) 5 [ An ] employee confirmed in the services of the Board and having completed five years of service in the Board, is eligible to apply for special hardship leave: Provided that special hardship leave before completion of five years of service may be sanctioned in exceptional circumstances for the purposes provided in sub-regulation (2), on an application by such 6 [ **** ] employee and upon recommendation of the approving authority in accordance with sub-regulation (4); (b) A female employee may avail special hardship leave as extension of maternity leave irrespective of completion of service of five years in the Board; (c) Approval of the special hardship leave shall be the sole discretion of the Board, depending upon the grounds including the administrative exigencies of the Board, reason for which the leave is sought for and merits of individual cases; (d) 5 [ An ] employee shall not proceed on special hardship leave without the approval of approving authority in accordance with sub-regulation (4); (e) Special hardship leave shall not be available to 6 [ **** ] employees,- (i) serving abroad under special arrangements or bonds; (ii) who have executed service bonds and have not completed it; (iii) against whom disciplinary proceedings are proposed or pending or who are under suspension, including 6 [ **** ] employees against whom action has been initiated by Government agencies or other law enforcement authorities; (iv) appointed on contract basis; (v) falling under any other category as may be intimated to the employees from time to time. Purpose of special hardship leave. (2) 7 [ An ] employee, eligible under sub-regulation (1), may apply for special hardship leave for the purposes of taking care of the family or children or health grounds of self or dependent family members. Period of special hardship leave. (3) Special hardship leave may be availed for a period not exceeding two years during the entire service, and may be availed for a minimum period of three months once in a year. Approving authority for special hardship leave. (4) Approving authority for special hardship leave for 8 [ **** ] employees in grade D and above, shall be the Whole Time Member in charge of the concerned department where such 8 [ **** ] employee is serving, and in other cases, the approving authority shall be the Executive Director in charge of the concerned department where such 8 [ **** ] employee is serving. Other conditions. (5) Other conditions relating to special hardship leave shall be as follows,- (a) Such leave shall be without pay, perquisites and allowances except house allowance 2 [ and claims for medical treatment availed in India: Explanation:- For the purpose of this clause, claim for the medical treatment, shall include, medical insurance, claim from Medical Assistance Fund, non-policy medical claims, eye refraction and annual health check-up; ] (b) An employee on special hardship leave shall be allowed to retain the accommodation provided by the Board or receive the house allowance, as the case may be; (c) Application for special hardship leave shall be submitted by the employee in grade D and above, at least two months before the date from which leave is to be availed, and in all other case at least one month before the date from which leave is to be availed: Provided that the approving authority shall have discretion to relax the period specified in this clause in appropriate cases; (d) For computing the eligibility to avail special hardship leave, completed years of services shall be reckoned; (e) Special hardship leave once approved, shall be irrevocable; (f) Before expiry of the approved special hardship leave, 9 [ An ] employee shall not resume for duty without permission from the approving authority; (g) Special hardship leave may be availed irrespective of balance of leaves of any other category, and may be combined with any categories of leave except casual leave, special casual leave, Special casual leave in lieu of joining time, and special leave ; (h) Special hardship leave shall not be granted for avoiding transfer or posting or placement, etc.; (i) 9 [ An ] employee, who leaves the services of the Board by resignation or voluntary retirement during the special hardship leave shall be liable to pay compensation to the Board, which shall be a sum equal to 10 [ his ] substantive pay for the period of notice as required of 10 [ his ] in terms of these regulations; 3 [ (ia) 9 [ An ] employee, who leaves the services of the Board by way of resignation or voluntary retirement during the special hardship leave or within five years after resuming office after availing such leave, shall be liable to pay to the Board, an amount equal to the entire house allowance and medical claims paid during such leave: Provided that after approval of the competent authority, based on requisite documentary evidence, examination and certification by the Medical Officer of the Board, the payment of said amount from the 11 [ **** ] employee, who has availed special hardship leave on health grounds of self and that being the reason for which 12 [ he ] is unable to resume office may be waived; ] (j) Board may cancel the special hardship leave and recall the 11 [ **** ] employee and proceed in the matter as deemed fit, in case it is found that such employee is undertaking or engaged in, directly or indirectly, any trade or employment or business or profession; (k) Special hardship leave shall be counted as service for the purpose of seniority; (l) For the period of special hardship leave availed, no other leave shall be credited to such employee; (m) 13 [ An ] employee shall make 13 [ himself ] available during the period of special hardship leave as witness in any investigation, court case, departmental enquiry or any other such proceeding and shall be paid travelling and halting allowance, as the case may be; (n) Board may cancel the special hardship leave at any time and recall the 11 [ **** ] employees in case of exigencies; (o) Board shall not approve, during the special hardship leave period, any fresh loan or advance of whatever nature; (p) 9 [ An ] employee on special hardship leave shall submit the return of immovable or movable or valuable property as required; (q) 9 [ An ] employee availing special hardship leave shall intimate to the Board, 14 [ his ] local address for correspondences and also inform any changes in address for communication, from time to time. ] ************ NOTES:- 1 Regulation 36A substituted by the SEBI (Employees Service) (Amendment) Regulations, 2015, w.e.f. 26-2-2015. Prior to its substitution, said Regulation, as inserted by the SEBI (Employees Service) (Amendment) Regulations, 2013, w.e.f. 8-10-2013, read as under : 36A. Special casual leave for child care.- (1) Special casual leave for child care may be granted to a female employee who is a mother, for taking care of two eldest surviving children who have not attained the age of twelve years, for a period of fifteen days per annum for each child. (2) The special casual leave for child care will be admissible for looking after the various needs of the child like medical needs, educational needs and other child rearing requirements. (3) Special casual leave for child care cannot be clubbed with any other type of leave and the intervening holidays during the period of leave would also be counted for the purposes of the said leave. (4) The special casual leave for child care may be availed in multiple spells in one calendar year and the unavailed leave would lapse at the end of every calendar year. (5) Leave fare concession cannot be availed during the period of the special casual leave for child care. (6) The employee can proceed on special casual leave for child care only after obtaining the approval of such leave from the competent authority : Provided that in case of any genuine exigency, if it is not possible for any employee to obtain such permission in advance, she shall intimate her absence to such authority within 24 hours: Provided further that such authority may condone the delay, if any, in this behalf if he is satisfied that an employee was not in position to intimate her absence for reasons beyond her control. Explanation.-For the purpose of this regulation, the term child shall mean both natural and adopted. 2. Inserted vide Notification No. No. SEBI/LAD-NRO/GN/2019/15 dated 08-05-2019 3. Inserted vide Notification No. No. SEBI/LAD-NRO/GN/2019/15 dated 08-05-2019 4. Omitted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, for female employees 5. Substituted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, A female 6. Omitted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, female 7. Substituted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, A female 8. Omitted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, female 9. Substituted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, A female 10. Substituted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, her 11. Omitted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, female 12. Substituted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, she 13. Substituted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, Female herself 14. Substituted vide Notification No. SEBI/LAD-NRO/GN/2022/111 dated 30-12-2022 before it was read as, her