Section 47   [ View Judgements ]

Seamen's sick leave


(1) A Government servant serving as an officer, warrant officer or petty officer on a Government vessel may, while undergoing medical treatment for sickness or injury, either on his vessel or in hospital, be granted leave, by an authority competent to grant leave, on leave salary equal to full pay for a period not exceeding six weeks:



Provided that such shall not be granted if a Government Medical officer certifies that the Government servant is malingering or that his ill-health is due to drunkenness or similar self-indulgence or to his own action in willfully causing or aggravating disease or injury.



(2) A seaman disabled in the exercise of his duty may be allowed leave on leave salary equal to full pay for a maximum period not exceeding three months, if the following conditions are fulfilled, namely:-



(a) a Government Medical Officer must certify the disability;



(b) the disability must not be due to the seaman's own carelessness or inexperience'



(c) the vacancy cause by his absence must not be filled.



(3) (a) In the case of a person to whom the Workmen's Compensation Act, 1923 (8of 1923), applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under Clause (d) of sub-section (1) of Section 4 of the said Act.



(b) In the case of a person to whom the Employees' State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

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