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Indian Law/Leaves Carried Forward

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Question
Hi,
My company provides 16 days annual leave & 12 days paid sick leaves. Out of these only 5 annual leaves can be carried forward else it gets forfeited.

Is this carry forward clause correct? For all my previous companies, the casual leaves were carried forward to the next year which can also be en-cashed provided we keep at least 50 leaves balance.

Thanks in advance.

Regards
Mufazzal Roowala
+91 9820474506

Answer
Leave Rules are framed by each Company with the approval of its Competent authority normally its Board of Directors.There is no hard and fast Rules in this regard and accordingly it varies from Organisations to Organisations.Therefore, it is fully at the discretion of your Management to frame it.Further, only EL and Medical Leaves can be carried forward subject to a ceiling limit.However,all casual leave expires after the year end.Moreover, only EL could be encashed either during your service period or after its termination or in both the cases.However, casual leave cannot be encashed.If not availed off, it will expire after the expiry of the period.Further,EL & Medical Leaves could be accumulated upto a limit of say 75/100/240/300 days.
In view of the above,leave will depend upon the Leave Rules of your Company.If out of yearly entitlement of 16 days EL, they allow you to carry forward 6 days only,it may be justified.Further, it is very unusual in your Company to allow encashment of C.L. which is an extra benefit enjoyed by you.

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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