Paid maternity leave to women employed by private organizations and companies

GOVERNMENT OF INDIA
MINISTRY OF  LABOUR AND EMPLOYMENT
RAJYA SABHA

UNSTARRED QUESTION NO-2641
ANSWERED ON-12.08.2015

Paid maternity leave to women employed by private organizations and companies

2641 . Shri Avinash Pande

(a) whether Government is planning to formulate any policy or guidelines laying down minimum specifications for the provisions of paid maternity leave to women employed by organisations and companies in the private sector; and
(b) if so, the details thereof and if not the reasons therefor?

ANSWER
MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)

(a) & (b): The Maternity Benefit Act, 1961 is a social security legislation enacted to promote the welfare of working women. The Act prohibits the working of pregnant women for a specified period before and after delivery. It also provides for maternity leave and payment of certain monetary benefits to women workers subject to fulfillment of certain conditions during the period when they are out of employment on account of pregnancy. It can be extended to other establishments by the State Governments subject to prior approval of the Central Government.

The following benefits are available under the Maternity Benefit Act, 1961:

(i) Twelve weeks of maternity leave out of which six weeks before the expected date of delivery.
(ii) In case of tubectomy operation, two weeks leave with wages immediately following the day of her tubectomy operation.
(iii) One month maternity leave to a woman worker suffering from illness arising out of pregnancy, delivery, premature birth of child (miscarriage, medical termination of pregnancy or tubectomy operation)
(iv) Two nursing breaks of 15 minutes until the child attains the age of 15 months.
(v) Medical bonus of Rs.3500/- if no pre-natal confinement and post-natal care is provided by the employer free of charge.
(vi) Immunity from dismissal during absence of pregnancy.
(vii) No deduction of wages of woman entitled to maternity benefit.

Further, a proposal to increase the existing maternity leave from twelve weeks to twenty four weeks under the Maternity Benefit Act, 1961, is under consideration of the Government.

rajyasabha.nic.in

Requirement of taking prior permission for leaving station / headquarters from going abroad while on leave – Dopt

G.I., Dept. of Per. & Trg., O.M.F.No.11013/8/2015-Estt.A-III, dated 29.6.2015

Subject: Requirement of taking prior permission for leaving station/ headquarters from going abroad while on leave.

Undersigned is directed to say that a need for further streamlining the procedure for grant of permission for going abroad on private visit has been felt. A draft of instructions and the formats for grant of permission are attached. Comments/ views, if any, in this regard may be sent to the e-mail address mp.ramarao@nic.in latest by 10th July, 2015.


Click to view the original order

Authority: www.persmin.gov.in

FAQ on Children Education Allowance, OTA / NDA, Honorarium/Fee, Leave – Dopt Order April 2015

G.I., Dep. of Pers. & Trg., O.M.No.I-11020/1/2014-Estt.(AL), dated 28.4.2015

Establishment (Allowance) Section

SI.No. Question Answer

Children Education Allowance

1. Whether reimbursement of Children Education Allowance is admissible for the:

(a) Nursery/LKG/UKG as there is no provision of recognition of these classes in most of the States/UTs;

Reimbursement is permissible only if the child is studying in a recognised educational institution.

(b) Third child if either of the first two children is disabled to the extent that he/she cannot go to school;

Reimbursement is allowed to only the two eldest surviving children of the Government servant except when the 2nd child birth results in multiple births or the 3`d child is born due to failure of sterilization operation.

(c) The children borne out of second marriage or the children of second wife/husband in additions to children from first marriage;

Reimbursement is allowed to only the two eldest surviving children of the Government servant.

(d)  Entitlement of number of Note Books.

Reimbursement is permissible for any number of note books as may be prescribed by the recognised educational institution.

OTA/NDA

2. The reasons for not enhancing rates of OTA/NDA

The 5th and the 6th Central pay Commission did not recommend enhancement of rates of OTA/NDA.

Honorarium/Fee

3.  Whether honorarium is payable to the Chairperson/Members of the DPC and also such other Departmental Committees, viz., Committee on Sexual Harassments at work place, etc.?

In terms of the provisions of FR 46 (b), the Central Government may grant or permit a Government servant to receive an honorarium as remuneration for work performed which is occasional or intermittent in character and either so laborious or of such special merit as to justify a special reward. Except when special reasons, which should be  recorded in writing, exist for a departure from this provision, sanction to the grant or acceptance of an honorarium should not be given unless the work has been undertaken with the prior consent of the Central Government and its account has been settled in advance.

Guidelines for payment of Honorarium under FR 46 (b) have already been laid down inter alia vide this Department’s OM No.17011/9/85- Estt. (AL), dated 23.12.1985 and OM No. 17020/1/91- Estt. (AL), dated 18.11 .1991. It has also been clarified that no honorarium should be granted for temporary increases in work.

4. Whether retention of “Fee” for delivering lectures in Government/private bodies is permissible? As per para 6 of DoP&T’s O.M.No. I 6013/1/79-Estt.(AL) dated 11th February, 1980, payments received by Government servants as income from books, articles, papers and lectures on literary, cultural, artistic, technological and scientific subjects including management sciences; will not be subject to crediting one-third of the amount to the general revenues.

Establishment (Leave) Section:

5. Whether male Government servant, who is single parent, can be allowed Child Care Leave? No. CCL can be granted to female employees only.

6.  Whether Bond on Study Leave can be transferred from Central Government to State Government?

No. Bond executed by the Government servant while proceeding on study leave cannot be transferred on his/her appointment in State Government/PSU/Autonomous bodies.

7.  What is the limit of leave encashment while availing LTC by dependents or spouse within the same block year?

The Government Servants governed by the CSS (Leave) Rules, 1972 and entitled to avail LTC may en-cash earned leave up to 10 days at the time of availing both types of LTCs., i.e., `Hometown’ and `Anywhere in India’. However, when the one and the same LTC is being availed of by the Government Servant and his family members separately in a block year, encashment of leave would be restricted to one occasion only.

Click to view the original order

Authority: www.persmin.gov.in

Compulsory Paid Leave During Pregnancy for Female servant (including an apprentice)

Compulsory Paid Leave During Pregnancy

There are provisions which prescribe that a female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement. During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in a written reply to a question by Shri Kirti Azad in the Lok Sabha today.

Source: PIB

Classification of posts in the CCS (Leave) Rules, 1972 – Clarification orders issued by DoPT

G.I., Dept. of Per. & Trg., O.M.No.13026/3/2012-Estt(L), dated 9.3.2015

Subject: Classification of posts in the CCS (Leave) Rules, 1972 — Clarification Reg.

The undersigned is directed to refer to this Department’s Notification No.21/2/75-Estt.(D) dated 11.11.1975 reclassifying the posts under the Central Government as Group ‘A’, ‘B’, ‘C’ & ‘D’ in place of Class ‘I’, ‘II’, ‘III’ & ‘IV’ and to state that wherever the old nomenclature of Class ‘I’ ‘II’, ‘III’ & ‘IV’ are mentioned in the CCS (Leave) Rules, 1972, the same may be read as Group ‘A, ‘B’, ‘C’ & ‘D’, respectively.

Click to view the original order issued by DoPT

Authority : www.persmin.gov.in

Amendment of CCS Rules for Persons with Disabilities

The Department of Personnel & Training (DoPT) has issued a fresh set of Instructions to all Ministries/Departments granting relaxation in the Central Civil Services (Leave) Rules, 1972 for Disabled employees. In an Office Memorandum dated February 25, 2015, the DoPT has reiterated that the disabled employees will be entitled to pay, promotion and other service benefits even if they cannot be taken back to the post they were holding or are adjusted or kept waiting until a suitable vacancy arises.

The medical leave on account of disability will not be subject to ceiling under Rule 12 and any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

The leave applied on medical certificate in connection with disability cannot also be refused or revoked without reference to a Medical Authority, whose advice shall be binding. Leave will also be granted even if the Government servant’s family member submits an application/medical certificate in case the employee is unable to do so on account of the disability.

The services of an employee can neither be terminated nor reduced in rank in case the employee has acquired a disability during his service. Any disabled employee who is not fit to return to duty shall be shifted to some other post. If that is not possible, the disabled employee shall be kept on a supernumerary post until a suitable post is available or he attains superannuation. Besides, no promotion shall be denied to a person simply on ground of his/her disability.

Source: PIB News

Amendment to Central Civil Service (Leave) Rules, 1972 - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act, 1995) - regarding

G.I., Dep. of Per. & Trg., O.M.No.18017/1/2014-Estt(L), dated 25.2.2015

Subject: Amendment to Central Civil Service (Leave) Rules, 1972 – Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995 (PWD Act 1995)-regarding

The Central Civil Services (Leave) Rules, 1972 were amended vide the Department of Personnel and Training Notification No.13026/1/2002-Estt(L) dated the 15/16th January, 2004 consequent to the Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995 (PWD Act 1995) which came into force from 7th February, 1996.

2. Section 47 of the PWD Act, 1995 provides that services of no employee can be terminated nor can he be reduced in rank in case the employee has acquired a disability during his service. The first proviso to the Section 47 lays down that if such an employee is not suitable for the post he was holding, he could be shifted to some other post. However, his pay and service benefits would be protected. The second proviso provides that if it is not possible to adjust such an employee against any post, he would be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. Further, the Clause (2) of Section 47 provides that no promotion shall be denied to a person merely on ground of his disability. In Kunal Singh v. Union of India, [2003] 4 SCC 524, Hon’ble Supreme Court has observed that the very frame and contents of Section 47 of the PWD Act, 1995 clearly indicate its mandatory nature.

3. The issues relating to leave or absence of Government servants who have acquired a disability while in service are required to be dealt with in the light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995. The case of a disabled government servant who is declared fit to resume duty but who may not able to perform the duties of the post he was holding earlier may be dealt with as per the first proviso to Section 47 of the PWD Act, 1995. The second proviso shall apply if it is not possible to adjust him against any existing post. In all such cases, the Government servant so adjusted shall be entitled to the pay scale and other service benefits attached to the post he was holding.

4. A disabled Government servant who is not fit to return to duty shall be adjusted as per second proviso to the Section 47 mentioned above, until he is declared fit to resume duty or attains the age of superannuation whichever is earlier, with the same pay scale and service benefits. On being declared fit for resuming duty, the Government servant who is not fit for the post he is holding, may be adjusted as per the first proviso to Section 47.

5. Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 12 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

6. For a government servant who is unable to submit an application or medical certificate on account of disability, an application/medical certificate submitted by a family member may be accepted. The provisions relating to examination of disabled Government servants and the Medical Authorities competent to issue such certificates are also being amended.

7. Necessary amendments to the Central Civil Services (Leave) Rules, 1972 are being notified separately.

Source : www.persmin.gov.in

[ http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18017_1_2014-Estt.L-25022015.pdf ]

Central Govt employee opts for a surrogate child – What says CCS (Leave) Rules..?

Can Central Govt Female Employees Opting for Surrogate Pregnancy Claim Maternity Leave?

Parenthood is a gift of god. Thanks to the development in medical sciences, childless couples can now opt for surrogate pregnancies. If women employees of Central Government organizations opt for surrogate pregnancies, can they claim maternity leave?

Women employees of Central Government establishments are given Maternity leave for a period of 180 days and male employees are given Paternity Leave for a period of 15 days if they choose to adopt babies. At present, there is no leave entitlements for parents of the surrogate child.

Let’s see what the Indian medical Research Council has to say about couples who choose to have babies through surrogate mothers.

Surrogacy: General Considerations

A child born through surrogacy must be adopted by the genetic (biological) parents unless they can establish through genetic (DNA) fingerprinting (of which the records will be maintained in the clinic) that the child is theirs.Guidelines for ART Clinics in India ICMR/NAMS

Surrogacy by assisted conception should normally be considered only for patients for whom it would be physically or medically impossible/undesirable to carry a baby to term.

Payments to surrogate mothers should cover all genuine expenses associated with the pregnancy. Documentary evidence of the financial arrangement for surrogacy must be available. The ART centre should not be involved in this monetary aspect.

Advertisements regarding surrogacy should not be made by the ART clinic. The responsibility of finding a surrogate mother, through advertisement or otherwise, should rest with the couple, or a semen bank.

A surrogate mother should not be over 45 years of age. Before accepting a woman as a possible surrogate for a particular couple’s child, the ART clinic must ensure (and put on record) that the woman satisfies all the testable criteria to go through a successful full-term pregnancy.

A relative, a known person, as well as a person unknown to the couple may act as a surrogate mother for the couple. In the case of a relative acting as a surrogate, the relative should belong to the same generation as the women desiring the surrogate.

A prospective surrogate mother must be tested for HIV and shown to be seronegative for this virus just before embryo transfer. She must also provide a written certificate that (a) she has not had a drug intravenously administered into her through a shared syringe, (b) she has not undergone blood transfusion; and (c) she and her husband (to the best of her/his

knowledge) has had no extramarital relationship in the last six months.

(This is to ensure that the person would not come up with symptoms of HIV infection during the period of surrogacy.) The prospective surrogate mother must also declare that she will not use drugs intravenously, and not undergo blood transfusion excepting of blood obtained through a certified blood bank.

No woman may act as a surrogate more then thrice in her lifetime

Child Care Leave

 Child Care Leave for removal of limit of 3 spell in a calendar year - reg. 

Ref: - DOPT OM No. 13018/6/2013-Estt (L) dated 05.06.2014

A kind reference is invited on the above cited OM. While we welcome the removal of earlier stipulation of child care leave for minimum period of 15 days at a time, it is requested now to dispense the limitation of three spells in a calendar year.

The condition spelled in the DOPT OM No. 13018/1/2010-Estt (Leave) dated 07.09.2010 limiting the grant of three spells in a calendar year now become a constraint to the less leave takers and needs a revision. 

Child Care Leave (CCL)-Remove the requirement of minimum period of 15 days

No.13018/6/2013-Estt.(L)

Government of India
Ministry of Personnel, Public Grievances and Pension
[Department of Personnel & Training]

New Delhi, the 5th June, 2014

OFFICE MEMORANDUM

Subject: Child Care Leave (CCL) in respect of Central Government Employees as a result of Sixth Central Pay Commission recommendations — Clarification — regarding.

The undersigned is directed to refer to this Department’s O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave(CCL) in respect of Central Government employees. Subsequently, clarifications have been issued vide OMs dated 29.9.2008, 18.11.2008, 02.12.2008 and dated 07.09.2010. Child Care Leave at present is allowed for a minimum period of 15 days. References have been received from various quarters seeking a review of this stipulation.

2. The matter has been considered in consultation with Department of Expenditure, and it has been decided to remove the requirement of minimum period of 15 days’ CCL. There is no change as regards other conditions of this leave.

3. These orders take effect from the date of issue of this Office Memorandum.

( S.G. Mulchandaney )
Under Secretary to the Government of India

source-http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13018_6_2013-Estt.L-05062014.pdf

Also read

Kinds of leave admissible - CCS (Leave) Rules, 1972

To view details, please CLICK HERE. 

Central Civil Services (Leave) Fourth Amendment Rules, 2013

[To be published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section(1)]

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)

NOTIFICATION

New Delhi, the 18th February, 2014

G.S.R.96(e)n exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General ofIndia in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1.. (1) These rules may be called the Central Civil Services (Leave) Fourth Amendment Rules, 2013.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, in rule 53, in sub-rule (4), -
(a) in Forms 7 and 8, after pars 4, the following para shall respectively, be inserted, namely:

‘NOW FURTHER THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT the period of my bond mandating putting in service for the period as specified above, after expiry of the study leave availed by me, shall be extended by a comparable period, equivalent to the ,aggregate periods of leave of any kind availed by me during.the ‘currency of the bond period.”

(b) in Forms 9 and 10, after para 5, the following para shall respectively. be inserted, namely:-

“NOW FURTHER THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT the period of bond, mandating putting in service by the Obligor for. the period as specified above, after expiry of the. study leave availed .by him or her, shall be extended by a comparable period, .equivalent to the aggregate periods of leave of any kind availed by him or her during the currency of the bond period.”

(F. N o. 13026/4/2012-Estt.L )
(MAMTA KUNDRA)
Joint Secretary to he Government of India

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part-11, Section 3, Sub-section (i), vide number S.O. 940 dated the 8th April, 1972 and were last amended vide number G.S.R. 283(E), dated the 4th April, 2012

Source-http://persmin.gov.in/dopt.asp

Execution of Bond for availing Study Leave under rule 53(4) of the CCS(Leave) Rules, 1972 - regarding

No. 13026/4/2012-Estt.(L)

Bharat Sarkar/Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi, the 18 February. 2014

OFFICE MEMORANDUM

Subject: Execution of Bond for availing Study Leave under rule 53(4) of the CCS(Leave) Rules, 1972 - regarding.

The undersigned is directed to state that Government servants are allowed to avail “Study Leave’ in terms of the provisions of rules 50-63 of the CCS (Leave) Rules, 1972. The provisions of rule 53(4) mandates for execution of a bond by the Government Servant who is granted such leave in the relevant format prescribed for the said purpose i.e. Forms 7-10 of the CCS (Leave) Rules, 1972.

2. The said Bond executed by the Government servant requires putting in specified period of service after expiry of the Study Leave as prescribed by provisions of rule 50(5) of the said rules.

3. It has come to the notice of this Department that the provisions of the aforesaid bond are being circumvented and officers who have availed Study Leave proceed on prolonged spells of leave due and admissible to them and thus do not put in active service for the requisite period as indicated in the bond executed by them.

A. In view of the above position, the provisions of the prescribed format of the Bond have been reviewed in consultation with the Department of Legal Affairs and it has been decided that the prescribed forms 7, 8, 9 and 10 of the CSS (Leave) Rules, 1972 may be revised by incorporating a specific clause confirming commitment of the Government servant to put in requisite active service after expiry of the Study Leave. The copies of the revised formats are enclosed herewith. The grant of Study Leave shall continue to be regulated in terms of the relevant provisions of the rules as indicated in para 1 above. Ministry of Home Affairs etc are requested to ensure that the necessary Bond in respect of grant of Study Leave under the CCS (Leave) Rules, 1972 may henceforth be obtained in the revised formats.

5. These orders are being issued after consultation with the C&AG of India in respect of persons serving in the Indian Audit & Accounts Department.

6. Formal amendments to CCS (Leave) Rules, 1972 are being issued separately.

sd/-

(Mukul Ratra)

Director (L&A)

Source: www.persmin.gov.in

Requirement of vigilance clearance for officers going abroad on private visit: DoPT’s clarification to CBDT

No.C-29016/2/2014-Ad.VI(A) 

Government of India 

Ministry of Finance 

Department of Revenue 

(Central Board Direct Taxes)

New Delhi, the 3rd February, 2014.

To 

All CCsIT/DGsIT

Subject:- Private foreign visit- Reg.

Sir/Madam,

I am directed to refer to the subject mentioned above and to state that requirement of vigilance clearance is a pre-requisite for granting permission to the officers/officials on private foreign visit as advised by DOP&T vide O.M. No. 11012/15/2013-Estt.A dated 2nd January, 2014(copy enclosed).

2. It is, therefore, necessary to send application for grant of ex-India leave to the Board at least one month in advance for enabling the Board to complete the requisite formality.

3. This issues with the approval of Member(P&V), CBDT.

Encl. as above.

Yours faithfully,

sd/- 

(Raj Kumar) 

Under Secretary to Government of India

Dopt issued required clarification orders on 2nd Jan 2014 and 1st Sep 2008 as follows...

Requirement of vigilance clearance for officers going abroad on private visit.

No.11012/15/2013 -Estt.A 

Government of India 

Ministry of Personnel, PG & Pensions 

Department of Personnel & Training

North Block, New Delhi 

Dated: January 2, 2014

OFFICE MEMORANDUM

Subject: Requirement of vigilance clearance for officers going abroad on private visit.

The undersigned is directed to refer to Central Board of Direct Taxes, Department of Revenue I.D. No 114847/Ad-VI(A) dated 16.08.2013 and a OM of even no dated 20.09.2013 on the subject mentioned above and to say that as per Rule 17 of the CCS(Leave) Rules, 1972, leave shall not to be granted to a Government Servant whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from service. Leave sanctioning authority shall get prior approval before sanctioning leave for "going abroad" as per O.M. No. 11013/7/94-Esn.(A) dated 18.05.1994 and O.M. No.11013/7/2004-Estt.(A) dated 01.09.2008 (copy enclosed).

2. It is also stated that a blanket order exempting requirement of examination from vigilance angle as proposed in DGIT(Vig.) letter dated 13.05.2013 is not advisable.

3. This issues with the approval of Joint Secretary (F)

sd/- 

(Raja Sarnswat) 

Under Secretary to the Government of India

Requirement of taking prior permission by Government servants for leaving station headquarters for going abroad while on leave.

No.11013/7/2004-Estt. (A) 

Government of India 

Ministry of Personnel, Public Grievances and Pensions 

(Department of Personnel and Training)

North Block, New Delhi, 

Dated the 1st September, 2008

OFFICE MEMORANDUM

Subject: Requirement of taking prior permission by Government servants for leaving station headquarters for going abroad while on leave.

The undersigned is directed to refer to Department of Personnel and Training’s O.M. No. 11013/8/2000-Estt. (A) dated the 7th November, 2000 on the above mentioned subject and to say that in para 2 thereof, it was conveyed that while granting leave the sanctioning authority shall take prior approval , if required, for permitting the officer to go abroad as per the existing instructions.

2. References are being received regarding the competent authority whose permission is to be taken by the leave sanctioning authority before sanctioning leave to a Government servant to go abroad. It is clarified that the competent authority as per the aforesaid Office Memorandum dated the 7th November, 2000 is to the competent authority in terms of the instructions, if any, issued by the Cadre Authority or the administrative Ministries/Departments themselves. Department of Personnel and Training has not issued any instructions in this regard in respect of the Central Government servants. In the absence of any such instructions, the approval of the leave sanctioning authority would imply approval to the visit abroad also. It may be ensured that the leave applications in such cases invariably mention the purpose of going abroad.

sd/-

(A.BALARAM) 

Under Secretary to the Government of India

Source: www.irsofficersonline.gov.in

Overtime Allowance & Compensatory Leave to Central Government employees: OM dated 11-08-1976

To view the copy of order, please click here

Dopt order on the matter of overstay while on deputation..

No. 6/8/2009-Estt (Pay-II)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

Dated 1st March, 2011

OFFICE MEMORANDUM

Subject : Overstay while on deputation.

Undersigned is directed to refer to this Departments OM of even number dated the 17th June, 2010 and to say that as per existing instructions no extension in deputation beyond the fifth year is allowed. Further, as per the OM No.14017/30/2006-Estt (RR) dated the 29th November, 2006, the deputationist officer is deemed to have been relieved on the date of expiry of the deputation period unless the competent authority has with requisite approvals, extended the period of deputation, in writing, prior to the date of its expiry. It is observed that despite these clear instructions, proposals for regularization of overstay of officers on deputation beyond the five year period continue to be received in the Department. It is reiterated that it will be the responsibility of the immediate superior officer to ensure that the deputationist does not overstay. In the event of the officer overstaying for any reason whatsoever, he/she is liable to disciplinary action and other adverse Civil/Service consequences which would include the period of unauthorised overstay not being counted for service for the purpose of pension and that any increment due during the period of unauthorized overstay being deferred with cumulative effect, till the date on which the officer rejoins his parent cadre.

2. All Ministries/Departments may please note that henceforth no ex-post facto approval for regularization of overstay on deputation would be allowed.

sd/-

(Mukesh Chaturvedi)

Deputy Secretary to the Government of India

Source: www.persmin.nic.in

Central Govt.Employees- Leave Rules (FAQ)

1	Frequently  asked Question	Answer
	What are the leave entitlement of Govt. servants serving in a vacation Department w.e.f.  1.9.2008?	Earned  leave  for persons serving  in  Vacation Departments:- 1(a) A Government  servant(other  than  a military officer) serving in a Vacation  Department shall not  be entitled to  any earned leave in respect of  duty performed  in  any year  in which  he  avails himself of  the full vacation. (b)  In  respect of any  year  in  which  a Government  servant avails himself of a portion  of the vacation,  he  shall be  entitled to earned leave in such proportion  of  30 days, as the number of days of  vacation not  taken  bears  to  the  full  vacation:        Provided that no such leave shall  be admissible  to  a Government  servant not in permanent  employ  or  quasi-permanent  employ in respect of the first year of  his service.  (c) If, in any year, the Government servant does  not  avail  himself  of   any  vacation, earned leave  shall be admissible to  him in respect  of that year under rule 26. For the purpose of  this rule, the term ‘year’ shall be  construed not  as  meaning a  calendar year  in which  duty is performed but  as  meaning twelve months of actual duty in a Vacation Department. A Government servant entitled to vacation  shall be considered  to  have  availed  himself  of  a vacation or a portion of a vacation unless he has been  required by general or special  order  of  a higher  authority  to  forgo such  vacation or portion of a vacation: Provided  that  if  he has  been prevented by such order from enjoying more than fifteen days of the vacation,  he   shall  be considered  to  have availed himself of no portion of the vacation. When  a Government  servant  serving  in  a Vacation  Department proceeds  on  leave  before completing a  full year  of duty, the earned leave admissible  to him  shall  be  calculated  not  with reference to  the vacations which  fall during the  period  of  actual duty  rendered before proceeding on  leave  but with reference  to  the vacation  that  falls during  the  year  commencing from  the  date on  which he  completed  the previous year of duty. As per Rule  29(1) the half pay leave account of every Government  servant  (other than a military officer shall  be  credited  with half  pay  leave  in advance, in two installments of  ten days each on the  first  day  of  January  and  July  of  every calendar year.
2	. Whether encashment of  leave is allowed  after LTC is availed.	Sanction of leave encashment should, as  a rule, be lone  in  advance,  at   the time  of  sanctioning the LTC.  However, ex-post facto sanction  of  leave encashment  on  LTC may  be  considered  by  the sanctioning  authority  as  an  exception  in  deserving cases  within  the time  limit prescribed  for submission of claims for LTC.
3	Whether encashment of Leave with LTC  can be availed  at the time when  the LTC is availed by the Government servant only or  can leave be encashed  at the time when LTC is availed by family members?	A Govt. servant can be  permitted to encash earned leave  upto  10  days  either at  the  time of  availing LTC  himself  or when  his  family avails it, provided other conditions are satisfied.
4	Whether leave encashment should be revised on retrospective revision  of pay/D.A?	In  terms  of  38-A  of  CCS(Leave)  Rules, encashment  of EL alongwith  LTC  is  to  be calculated  on pay admissible on the date of availing LTC+DA  admissible on  that  date.  If  pay  or  DA admissible  has been revised with retrospective effect,  the  Govt. servant  would  be  entitled  to encashment of Leave on the revised rates.
5	Whether encashment of Earned Leave allowed  to  a  Govt. servant  prior  to  his joining the  Central  Govt.  is  to   be  taken into account while retiring ceiling of leave encashment  on his  superannuation  and retirement from Central Govt.?	Encashment  of EL  allowed  by  the  State Governments,  Public Sector  Undertakings, Autonomous  Bodies for  services  rendered  in  the concerned Govt. etc. need not be taken into accounl for  calculating the ceiling of   300 days  of   Earned leave to  be encashed as  per CCS(Leave) Rule.
6	. Whether leave  encashment  can  be sanctioned  to  a  Govt.  servant  on  his superannuation while under suspension?	Leave encashment can be sanctioned, however Rule 39(3)  of  CCS  (Leave) Rules,  1972  allows  with holding of leave encashment in the case of a Govt. servant who retires  from  service  on attaining  the age of  superannuation  while  under suspension  or while disciplinary  or  criminal  proceedings  are pending against him,  if  in  view  of  the  authority there  is  a possibility  of   some  money  becoming recoverable  from  him  on conclusion  of   the proceedings against  him. On conclusion of  the proceedings  he/she  will become  eligible  to  the amount so withheld after adjustment of Government dues, if any.
7	Whether leave encashment can be sanctioned  to  a  Govt.  servant  on  his dismissal/removal, from service?	A  govt.  servant who  is  dismissed/removed  from service  or whose  services are terminated ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1).  Hence he is not entitled to any leave encashment.
8	Whether interest is payable  on delayed payment of leave encashment dues?	No, there is no provision in the CCS (Leave) Rule 1972 for payment of interest on leave encashment
9	Whether  a Govt. servant  who  has  been granted study leave may be allowed  to resign  to  take  up  a post  in  other Ministries/Department  of  the Central Govt.  within the bond period?	Yes, As per rule 50(5)(iii) a Govt. servants has to submit a bond  to  serve the Govt. for a period  of 3 years.  As the Govt. servant would  still be  serving the Govt. / Department he may be allowed to submit his technical resignation  to  take up another post within the Central Govt.
10	Whether women employees  of Public sector  undertakings/Bodies  etc. Are entitled to CCL?	Orders  issued  by  DOPT are not automatically applicable  to  the  employees of Central Public Sector Undertakings/Autonomous Bodies, Ranking industry etc. It is for the PSUs/ Autonomous Bodies to  decide the  applicability  of the  rules/instructions issued  for  the central Government employees  to their employees  in  consultation  with  their Administrative Ministries
11	Whether Govt. servant can  be permitted  to leave  station/go abroad while on CCL?	Child care leave is  granted to a woman employee to take care of the needs of the minor children. If the child is  studying abroad or the Govt. servant has to go abroad for taking care of the child, she may do so  subject to other conditions laid down for this purpose.
12	What  is  the intention  behind  the instruction that  CCL  is to  be  treated  like EL  and sanctioned as such	The intention  is  that  CCL  should be availed  with prior  approval  of  leave sanctioning authority  and that the combination  of  CCL with  other leave,  if any, should be  as per the restriction of combination with EL.  The restriction of the limit of  180 days at a stretch  as  applicable in the case of  EL  will  not apply in  case of CCL. The other conditions like CCL may  not be granted for less than  15 days or in more than 3 spells, etc., in a year, will apply.

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