8. Leave
8. Leave :
(1) The Chief Justice or a Justice may be entitled to the following leaves:
(a) Casual leave,
(a1) 65 Festival leave,
(b) Home leave,
(c) Sick leave,
(d) Obsequies leave, and
(e) Extra-ordinary leave.
(2) 66 The Chief Justice or a Justice shall be entitled to a casual leave of Six days and a festival leave of Six days 67 with full pay every year.
(3) The Chief Justice or a Justice may be entitled to a home leave with full pay at the rate of One day to every Eleven days of the period of his or her service. The home leave can be accumulated at a maximum of One Hundred Fifty 68 days. Generally, another home leave shall not be sanctioned to the Chief Justice or a Justice without completion of Four months after the date of completion of the last home leave. In setting the period of service for the purpose of home leave, the days of casual leave and festival leave 69 and of public holidays shall also be added to the day of
service.
(3a) 70 The Chief Justice or a Justice whose home leave is accumulated for more than One Hundred Twenty days may be entitled to receive payment of such amount in lump sum by the end of every financial year as may be set at the rate remuneration being drawn by him or her in lieu of the home leave for a maximum period of Thirty days out of that excess home leave accumulated by the last day of the month of Chaitra of that financial year.
(4) 71 The Chief Justice or a Justice may be entitled to a sick leave with remuneration at the rate of Fifteen days each year. Such sick leave not used shall continue to be accumulated; and if a certificate is submitted that
he or she has suffered from any severe and serious disease, he or she may be entitled to an additional sick leave with remuneration for up to Two months if his or her sick leave is not remaining, and after the use of such
additional sick leave with remuneration, to a sick leave without remuneration for a period of additional four months at a time and not exceeding a maximum of Twelve months during the entire period of service.
Provided that, the home leave shall be deducted at the rate of One day for every Two days of additional sick leave while so taking the additional sick leave with remuneration.
(5) If the Chief Justice or a Justice has to observe obsequies himself or herself, the or she shall be entitled to an obsequies leave with full 69 Inserted by the Amending Some Nepal Acts Relating to Constitutional Organs and Other Bodies Act, 2040 (1983). remuneration for a period not exceeding 15 days according to his or her
traditional rites and rituals.
(6) The Chief Justice or a Justice may be entitled to an extra- ordinary leave as follows, and such leave shall be with half remuneration:
(a) Not exceeding One month at a time, and
(b) Not exceeding Three months in total during the period of service.
(7) If a person who is holding a constitutional position, Judge of a Court of Appeal, Judge of a Regional Court 72 or in the service of Government of Nepal is appointed to the office of the Chief Justice or a Justice shall not be deprived of the enjoyment of right to his or her accumulated leave while he or she was in that position or 73 service.
(8) 74 The Chief Justice shall obtain approval of the President 75 for all leaves other than the casual leave and the festival leave, and a Justice shall obtain approval of the Chief Justice for all leaves.
8A. Treatment expenses :
(1) The Chief Justice or a Justice shall be entitled to the medical expenses in the following amount 77 incurred in his or her treatment upon falling ill.
(a) Expenses according to the bills of a hospital of expenses incurred in admitting to the hospital and doing treatment there, and expenses of medicines 72 Amended by the Second Amendment.
purchased according to the prescription of the doctor of the hospital. Provided that, the prescription of doctor has to set down the diagnosis of disease.
(b) Fees charged by and expenses of medicines purchased as per the prescription issued upon examination by any
registered or recognized doctor, Kaviraj, Vaidhya, or health assistant for the treatment of disease where there is not hospital or where it is not necessary to be admitted to a hospital despite the existence of hospital or where he or she could not admit into the hospital or after discharge from the hospital. Provided, that the prescription of doctor has to set down the diagnosis of disease.
(c) Expenses as per the bill of expenses incurred in doing all kinds of surgical operations except plastic surgery.
Provided that, generally expenses of surgical operation done at a nursing home in a place where a hospital is available shall not be provided.
(d) Expenses as the bill of expenses in an amount not exceeding the ceiling as specified by the Government
of Nepal from time to time by publishing a notice in the Nepal Gazette for the equipment including spectacles, teeth, earphone etc.
(e) 80 Where it is required to leave his or her house or rented house and undergo treatment in another district or a
foreign country, the whole amount incurred in the transportation of the patient to and from such a place and the whole amount incurred in the transportation of one attendant is such attendant is required, and Seventy Five percent of the daily allowance to which he or she is entitled for the food expenses.
(2) Notwithstanding anything contained in Sub-section (1), no treatment expenses shall be provided for the expenses of less than Two Hundred Rupees at a time, and not treatment expenses of more than Twelve months’ 81 remuneration receivable by the Chief Justice or a Justice through the whole period of service.
(3) 82 If Government of Nepal may provide additional financial assistance in such a sum as it considers appropriate for the treatment of the chief Justice or a Justice within Nepal if the medical board constituted by
the Government of Nepal recommends for such treatment and for treatment in a foreign country if such medical board recommends that his or her treatment cannot be done within Nepal and should be done in a foreign
country, and this assistance shall be in addition to the treatment expenses to which he or she is entitled pursuant to Sub-section (1).
(4) If the Chief Justice or a Justice dies prior to receiving the treatment expenses receivable person who is held entitled to pension pursuant to Section 7 shall be entitled to that treatment expenses.
(5) 84 If the Chief Justice or a Justice wishes to obtain the treatment expenses receivable pursuant to this Act as an advance, such advance may be provided on the condition of adjustment of amount subsequently, subject
to Sub-section (2), and if, upon such subsequent adjustment, the amount to received as an advance exceeds the amount to which he or she is entitled, such excess amount shall be deducted by installments from the Six months’
remuneration of the Chief Justice and Justice.
Provided that, if the Chief Justice or Justice dies prior to payment of the amount to be so deducted, the remaining amount to be deducted shall be remitted.
(6) 85 If the husband or wife, mother, father or minor son, daughter of the 86 ……….. Chief Justice or a Justice, who is living in an undivided family, the Chief Justice or a Justice shall be entitled to Ninety percent 87
amount of the treatment expenses as per the bill up to half the amount of treatment expenses receivable pursuant to Sub-section (2) on the condition that such amount shall be deducted from the maximum amount of treatment
expenses receivable pursuant to that Sub-section. In making a request for such treatment expenses, a doctor’s prescription mentioning the diagnosis of disease has also to be submitted. Provided that the treatment expenses
receivable pursuant to this Sub-section shall, at one time, not exceed One month’s remuneration of the Chief Justice or a Justice.
(6a) 88 If the husband or wife, mother, father or minor son, daughter of the Chief Justice or a Justice, who is living in an undivided family, falls ill and has to undergo treatment in a foreign country or to undergo operation or treatment upon being admitted to a hospital within Nepal, the Chief Justice or a Justice shall be entitled to Ninety percent amount of the treatment expenses as per the bill of expenses and treatment expenses
incurred as per the treatment prescription of hospital, out of the amount receivable by the Chief Justice or a Justice pursuant to Sub-section (2).
(6b) 89 Notwithstanding anything contained in Sub-sections (6) and (6a), if the husband or wife, mother or father of the Chief Justice or a Justice, living in an undivided family, is an incumbent employee in any
constitutional position or governmental service or in the service of a corporation under governmental ownership and control, he or she shall not be entitled to such treatment expenses.
(7) 90 If, at the time of retirement of the Chief Justice or a Justice, the treatment expense is remaining, with or without taking some none of the treatment expenses receivable during the total period of service pursuant to
Sub-section (2), the Chief Justice or Justice shall be entitled to a lump sum amount to be set by Two-Thirds of that remaining amount of treatment expenses after his or her retirement.
91 Provided that, the Chief Justice or a Justice who is retired within entitlement to pension shall be entitled to a lump sum payment of the whole of such remaining amount at the time of such retirement from service.
(8) 92 Notwithstanding anything contained in Sub-section (7), the Chief Justice or a Justice who has already taken treatment expenses for having served in any constitutional position, Judge of a Court of Appeal, Judge of a Regional Court 93 or in governmental service, shall be entitled to only the amount that remains after deducting the treatment expenses so taken previously.
(9) 94 If the Chief Justice or a Justice who requests for the treatment expenses pursuant to this Section so falls ill as not being able to attend the court, he or she has to request for the sick leave so long as the sick leave is
balance. He or she may request for other leave only when the sick leave is not balance.
(10) 95 The details of the treatment expenses received by the Chief Justice or a Justice pursuant to this Section shall be maintained in the records of leave and personal records of the Chief Justice or Justice.
8B Festival expenses :
(1) The Chief Justice and a Justice shall be entitled to the yearly festival expenses equivalent to One month’s remuneration being drawn by him or her for the festival observed by them as per their religion, culture and tradition.
(2) The Chief Justice and Justice may take payment of the amount as referred to in Sub-section (1) on the occasion of a main festival to be observed as per their religion, culture and tradition, once in one financial year