MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL AND TRAINING

NOTIFICATION

New Delhi, the 15th May, 2023

GSR. 374(E).namely- In exercise of the powers conferred by proviso to article 309 read wit clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the 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. Short title and commencement.-(1) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2023.

(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 (hereinafter referred to as the said rules), in rule 43-AA, in sub-rule (1), for the portion beginning with the words “surviving children, on valid adoption” and ending with the words “six months from the date of valid adoption’, the following shall be substituted, namely: –

“surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted Paternity Leave for a period of 15 days, within a period of six months, from the date of accepting the child in pre-adoption foster care or on valid adoption, as the case may be:

Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the Paternity Leave already availed shall be debited from any other kind of leave available to the credit of such male Government Servant”.

3. In the said rules, in rule 43-B, in sub-rule (1), for the portion beginning with the words “surviving children, on valid adoption” and ending with the words “after the date of valid adoption”, the following shall be substituted, namely: –

“surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted child adoption leave, by an authority competent to grant leave, for a period of 180 days, immediately after accepting the child in pre-adoption foster care or on valid adoption, as the case may be:

Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the leave already availed shall be debited from any other kind of leave available to the credit of such female Government Servant’.

[F.No. A-2401 1/6/2023 -Estt. (Leave)]
MANOJ KUMAR DWIVEDI, Addl. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (11), dated 8th April, 1972 vide number S.O. 940, dated the 15th March, 1972 and last amended vide notification number G.S.R. 1209(E), dated the 1st December, 2018 published in the Gazette of India, Extraordinary, Part II, Section II, Sub-section(i), dated the 14th December, 2018.

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The Government has been making concerted efforts to encourage the women to join Government service by providing some special facilities as enumerated below:

(i) maternity leave

(ii) child care leave

(iii) child adoption leave

(iv) special allowance to women with disability

(v) provision of crèche facility

(vi) posting of husband and wife at the same station

(vii) special priority in allotment of residential accommodation

(viii) provision for protection of women from acts of sexual harassment

(ix) special Leave connected with inquiry on sexual harassment

(x) age relaxation for appointment of widows, divorced woman and women judicially separated from their husbands and who are not remarried

(xi) special dispensation for woman officers of All India Services of North East cadre

(xii) exemption from payment of fee for examinations conducted by the Union Public Service Commission and Staff Selection Commission.

(xiii) Nomination of a women employee in Department Promotion Committee (DPCs). Institutional mechanisms, besides the Committees to prevent sexual harassment, exist in Government service for redressal of grievances of various nature of the women employees.

(xiv) Association of a lady member in Selection Committee/Board for 10 or more vacancies (at all levels).

This was stated by the Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in written reply to a question by Shri Parimal Nathwani in the Rajya Sabha today.

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No.1-13/2016-PAT(BSNL)

Dated, the 20-03-2017

OFFICE ORDER

Sub: Grant of Child Adoption Leave of 180 days to female BSNL employees and extension of the facility of paternity Leave to adoptive fathers.

Leave on adoption of a child is admissible to female BSNL employee as per the provisions of Rule 43-B of CCS (Leave) Rule, 1972. As per DOPT OM No.13018/1/2009-Estt.(L) dated 22.07.2009, Child Adoption Leave to women government employees has been enhanced from 135 days to 180 days and extended the facility of Paternity Leave to adoptive fathers. Prior to DOP&T OM No.13018/1/2009-Estt.(L) dated 22.07.2009, the Child adoption leave for 135 days was admissible to the female government servants on adoption of a Child upto one year of age vide DOP&T OM No.13010/1/2004-Estt(L) 31.03.2006.

2. The case for grant of child adoption Leave of 180 days to female BSNL employees and paternity leave to BSNL male employees as per DOP&T OM dated 22.07.2009 has been examined by this office and it has been decided to make the provision of this OM dated 22.07.2009 applicable in BSNL. Accordingly, approval of the Competent Authority is, hereby, conveyed for following:-

(i) Leave of 180 days to the female BSNL employees who are adoptive mothers with fewer than two surviving Children may be granted as Child Adoption Leave on valid adoption of a child upto one year of age, on the lines of maternity leave admissible to natural mothers on the terms and conditions as laid down in DOP&T OM NO.13018/4/2004-Estt.(L) dated 31.03.2006 (Copy enclosed) and

(ii) A male employee with less than two surviving children, on valid adoption of a child below the age of one year, may be granted Paternity Leave for a period of 15 days within a period of six months from the date of valid adoption.

3. These orders shall take effect from the date of issue.

Encl: as above.

(S.P. Bhatta)
Assistant General Manager (Estt.I)
Tel.No.23037477

Signed Copy

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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

Source: www.7thpaycommissionnews.in

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