GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.2022/PED/ H/Misc./ Maternity Benefits

New Delhi, dated: 03.07.2023

General Managers,
All Indian Railways,
Including PUs, RDSO and NAIR.

Sub: Revised terms and condition for Senior Residents working in Railway Hospitals.

Ref: Board’s letter No.88/H/2-1/9 dated 24.06.2008

Terms & conditions for engagement of Senior Resident in Railway Hospitals have been issued vide Board’s letter cited under reference. Leave entitlement for Senior Residents as mentioned in the letter is reproduced below:

• One day weekly off by rotation.
• Entitles to total 20 days leave in one contract year which can be availed as not more than 10 in six months period.
• Not entitled to any vacation or any other type of leave.

Now, it has been decided, with the approval of the competent authority in Railway Board that Senior Residents will be entitled for Maternity leave of 26 weeks of which not more than eight weeks shall precede the date of expected delivery OR remaining tenure of contract period, whichever is less. This is subject to her having completed working period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery in the Railway hospital and fulfilling the other terms and conditions of Maternity Act, 1961.

This issues with the concurrence of Finance (Establishment) Directorate of the Ministry of Railways.

Sd/-
(Dr. A.K. Malhotra)
PED/Health,
Railway Board

The post Engagement of Senior Residents working in Railway Hospitals – avail Maternity leave appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Maternity Benefit (Amendment) Act, 2017, which provides for paid maternity leave to women workers and creche facility by establishments being implemented

Code on Occupational Safety, Health & Working Conditions (OSH), 2020 has special provision relating to employment of women

13 FEB 2023

The Minister of State for Labour and Employment, Shri Rameswar Teli in a written reply to a question in Lok Sabha today informed that the Ministry of Labour and Employment is implementing the Maternity Benefit Act, 1961, as amended vide the Maternity Benefit (Amendment) Act, 2017, which, inter-alia, provides for paid maternity leave to women workers and crèche facility by establishments. Vide Section 5 of the Maternity Benefit Act, 1961, as amended in 2017, the Government has increased paid maternity leave from 12 weeks to 26 weeks of which not more than eight weeks shall precede the date of expected delivery. Depending upon the nature of work assigned to a woman, the Section 5(5) of the Act provides for work from home for such period and on such conditions as the employer and the woman may mutually agree.

CENTRAL CIVIL SERVICES CCS (LEAVE) RULES 1972 – UPDATED AS ON 19.09.2022 – DoPT

Shri Teli said that the Government has taken various steps to improve women’s participation in the labour force and quality of their employment. The Code on Social Security, 2020 has the provisions for enhancement of paid maternity leave from 12 weeks to 26 weeks, provision for mandatory creche facility in the establishments having 50 or more employees, permitting women workers in the night shifts with adequate safety measures, etc.

In the written reply it was stated that the Code on Occupational Safety, Health & Working Conditions (OSH), 2020 has special provision relating to employment of women. As per this, women shall be entitled to be employed in all establishments for all types of work, with their consent, before 6 a.m. and beyond 7 p.m. subject to conditions relating to safety, holidays and working hours or any other conditions to be observed by the employer as may be prescribed by the appropriate Government.

Further, to enhance the employability of female workers, the Government is providing training to them through a network of Women Industrial Training institutes, National Vocational Training Institutes and Regional Vocational Training Institutes.

PIB

The post Creche Facility for paid maternity leave to women workers Under Maternity Benefit Amendment Act 2017 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Latest DoPT Orders 2022

TABLE OF CONTENT

CENTRAL CIVIL SERVICES
LEAVE RULES
CHAPTER I- Preliminary

1. Short title and commencement
(1) These rules may be called the Central Civil Services (Leave) Rules, 1972.
(2) They shall come into force on the 1st day of June, 1972.

2. Extent of application
Save as otherwise provided in these rules, these rules shall apply to Government servants appointed to the civil services and posts in connection with the affairs of the Union, but shall not apply to –

• (a) Railway servants;
• (b) persons in casual or daily-rated or part-time employment;
• (c) persons paid from contingencies;
• (d) workmen employed in industrial establishments;
• (e) persons employed in work-charged establishments;
• (f) members of the All India Services;
• (g) persons locally recruited for service in Diplomatic, Consular or other Indian establishments in foreign countries;
• (h) persons employed on contract except when the contract provides otherwise;
• (i) persons in respect of whom special provisions have been made by or under the provisions of the Constitution or any other law for the time being in force;
• (j) persons governed, for purposes of leave, by the Fundamental Rules or the Civil Service Regulations;
• (k) persons serving under a Central Government Department, on deputation from a State Government or any other source, for a limited duration.

3. Definitions
(1) In these rules, unless the context otherwise requires-

• (a) Administrator ‖ means an Administrator of a Union Territory;
• (b) Audit Officer ‖ means the Accounts and Audit Officer, whatever his official designation, in whose circle the office of the Government servant is situated;
• (c) Authority competent to grant leave ‖ means the authority specified in Column (3) of the First Schedule to these rules, competent to grant the kind of leave specified in the corresponding entries in Column (2) of the said Schedule;
• (d) Completed years of service ‖ or – one year’s continuous service ‖ means continuous service of specified duration under the Central Government and includes the period spent on duty as well as on leave including extraordinary leave;
• (e) Date of retirement ‖ or – date of his retirement ‖ in relation to a Government servant, means the afternoon of the last day of the month in which the Government servant attains the age prescribed for retirement under the terms and conditions governing his services.
  (MOF Notification No. 5(7)-E.IV(A)/75 dated 02.12.1975)
• (f) Department of the Central Government ‖ means a Ministry or a Department of the Central Government as notified from time to time and includes the Planning Commission, the Department of Parliamentary Affairs, the President‘s Secretariat, the Vice-President‘s Secretariat, the Cabinet Secretariat and the Prime Minister‘s Secretariat;
• (fa) “disability” means “specified disability”, “benchmark disability” and “disability having high support needs” as referred to in the Rights of Persons with Disabilities Act, 2016 (49 of 2016).
• (DOPT Notification No. No. 18017/l/2014-Estt. (L), dated 03.04.2018)
• (g) Foreign service ‖ means service in which a Government servant receives his pay with the sanction of Government fromany source other than the Consolidated Fund of India or the Consolidated Fund of any State [or the Consolidated Fund of a Union Territory];
• (h) Form ‖ means a Form appended to the Second Schedule to these rules;
• (i) Government servant in quasi-permanent employ ‖ means-
  • (A) an officer who, having been declared by the Union Public Service Commission to be eligible for appointment to the ministerial Services of the Government of India, has been appointed to a temporary or officiating vacancy on the understanding given to him in writing before he took up the appointment, that that vacancy is expected to become permanent but is not confirmed after completion of three years continuous service;
  • (B) an officer who may be declared as quasi-permanent under the Central Civil Services (Temporary Services) Rules, 1965.
• (j) Government servant in permanent employ ‖ means an officer who holds substantively or provisionally substantively a permanent post or who holds a lien on a permanent post or who would have held a lien on permanent post had the lien not been suspended;
• (k) Head of Mission ‖ means Ambassador, Charge d’ Affaires, Minister, Consul-General, High Commissioner or any other authority declared as such by the Central Government, in the country in which the Government servant undergoes a course of study or training;
• (l) Military Officer ‖ means an officer of the Armed Forces who is-
  • (i) a Commissioned Officer of the Army, the Navy or the Air Force, or
  • (ii) (a) a Junior Commissioned Officer (including an honorary commissioned officer), or an other rank’ of the Army, or (b) a Branch List Officer or rating of the Navy, or
  • (c) an airman including a Master Warrant Officer of the Air Force;
• (m) Vacation Department ‖ means a department or part of a department, to which regular vacations are allowed, during which Government servants serving in the department are permitted to be absent from duty.

(2) Words and expressions used herein and not defined but defined in the Fundamental Rules and Supplementary Rules shall have the meanings respectively assigned to them in the Fundamental Rules and Supplementary Rules.

4. Government servants on temporary transfer or on foreign service

• (1) Government servants to whom these rules apply shall continue to be governed by these rules while on temporary transfer to the Indian Railways or to a State Government or while on foreign service within India.
• (2) In the case of Government servants on foreign service outside India (including service with UN agencies within or outside India) or on temporary transfer to the Armed Forces of the Union, these rules shall apply only to the extent provided in the terms and conditions of foreign service or temporary transfer, as the case may be.

5. Transfer from services or posts governed by other leave rules Unless it be otherwise provided in these rules, a permanent Government servant to whom these rules do not apply –

(a) when transferred temporarily to a service or post to which these rules apply, shall remain subject to the leave rules which were applicable to him before such transfer; and Provided that where a Military Officer not in permanent civil employ has elected to draw civil rates of pay, his leave shall be regulated as per the provisions under these rules:

Provided further that in the event of his release/discharge from the Armed Forces, he shall carry forward the annual leave due to him with effect from the date of such release/discharge.

(DOPT Notification No. 11012/1/85-Estt.(L) dated 23.06.1987)

(b) when appointed substantively to a permanent post to which these rules apply, shall become subject to these rules from the date of such appointment, in which case the leave at his credit under the rules previously applicable to him shall be carried forward subject to the maximum limits of accumulation as laid down in Rule 26. The leave so carried forward shall first be exhausted before the leave earned under these rules is availed of. The leave salary in respect of the leave carried forward shall be borne by the (Department or the Government from which the Government servant proceeds on leave):

(DOPT Notification No. 14028/4/91-Estt.(L) dated 18.09.95)

Provided that in the case of Military Officer, half pay leave equal to the number of days of furlough shall also be carried forward in addition to the earned leave equal to the number of days of annual leave on the date he is so appointed, it would be permissible to grant him under the leave rules of the Armed Forces.

(DOPT Notification No. 11012/1/85-Estt.(L) dated 23.06.1987)

6. Transfer to industrial establishment

If a Government servant governed by these rules is appointed in an industrial establishment wherein his leave terms are governed by the Factories Act, 1948 (63 of 1948), the authority competent to grant leave shall, suo motu, issue an order granting cash equivalent of leave salary in respect of earned leave and half pay leave at his credit subject to a maximum of 300 days and the cash so granted shall be a sum equal to the leave salary as admissible for earned leave and leave salary as admissible for half pay leave plus dearness allowance admissible on that leave salary at the rate in force on the date the Government servant ceases to be governed by the provisions of the said rules:-

Provided that in the event of his return to a post or service to which the Central Civil Services (Leave) Rules, 1972 apply, the benefit of cash equivalent of leave salary payable under Rule 39 shall be modified as under –

• (a) On superannuation. – encashment of leave shall be subject to the condition that the number of days of both earned leave and half pay leave for which encashment has already been allowed under this rule and the number of days of earned leave and half pay leave to be encashed on superannuation does not exceed 300 days;
• (b) On premature retirement. – cash equivalent of unutilized earned leave and half pay leave should be subject to the condition that the number of days of earned leave and half pay leave for which encashment had already been allowed under this rule and the number of days of earned leave and half pay leave to be encashed on premature retirement shall not exceed 300 days.

(DOPT Notification No. 11012/1/2009- Estt.(L) dated 01.12.2009)

Download Central Civil Services (Leave) Rules, 1972 (Updated as on 19.09.2022) PDF

The post CENTRAL CIVIL SERVICES CCS (LEAVE) RULES 1972 – UPDATED AS ON 19.09.2022 – DoPT appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Latest DoPT Orders 2022

No.13018/1/2021 -Estt.(L)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
(Estt. -Leave Section)

Old JNU Campus, New Delhi
Dated the 2nd September, 2022

OFFICE MEMORANDUM

Subject: Grant of 60 days Special Maternity Leave in case of death of a child soon after birth / stillbirth – regarding.

This Department has been receiving several references/ queries requesting for clarification pertaining to grant of leave / maternity leave in case of death of a child soon after birth/Stillbirth. The matter has been considered in consultation with Ministry of Health and Family Welfare. Keeping in view the potential emotional trauma caused due to stillbirth or death of a child soon after birth, which has a far-reaching impact on the mother’s life, it has now been decided to grant a Special Maternity Leave of 60 days to a female Central Government servant in case of death of a child soon after birth / stillbirth on the following conditions;

• In case a Maternity Leave has already been availed by a female Central Government servant and her leave continues till the date of expiry of child soon after birth / stillbirth, the maternity leave already availed till death of the child may be converted into any other kind of leave available in her leave account without insisting for a medical certificate and a Special Maternity Leave of 60 days may be granted from the date of expiry of child soon after birth / Stillbirth.
• In case the maternity leave has not been availed by a female Central Government servant, 60 days of Special Maternity Leave may be granted from the date of expiry of child soon after birth / stillbirth.
• The condition for death of a child soon after birth may be defined as up to 28 days after birth.
• A baby born with no signs of life at or after 28 weeks of gestation may be defined as Stillbirth.
• The benefit of Special Maternity Leave shall be admissible only to a female Central Government servant with less than 2 surviving children and for child delivery only in an authorized hospital.
• “Authorized Hospital” is defined as Government Hospital or Private Hospital empanelled under Central Government Health Scheme (CGHS). In case of emergency delivery in non-empanelled private hospital, production of emergency certificate is mandatory.

3. These orders shall be applicable to Government employees appointed to the civil services and posts in connection with the affairs of the Union of India in terms of Rule 2 of the CCS (Leave) Rules 1972 with effect from the date of issue of this O.M. The past cases, wherever settled in respective Ministries / Departments need not be reopened.

(Sunil Kumar)
Under Secretary to the Government of India

Download Grant of 60 days Special Maternity Leave in case of death of a child soon after birth / stillbirth PDF

The post Special Maternity Leave of 60 days to a female Central Government Employees in case of death of a child soon after birth/stillbirth – DoPT Order appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

भारत सरकार/ GOVERNMENT OF INDIA
रेल मंत्रालय/ MINISTRY OF RAILWAYS
(रेलवे बोर्ड/ RAILWAY BOARD)

RBE No. 80/2022

No. E(P&A)I-2022/CPC/LE-2

New Delhi dated 11.07.2022

The General Managers/PFAs,
All Indian Railways and
Production Units.

Sub: Writ Petition No. 844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s Uol & others – reg.

A copy of DoP&T’s OM dated 29.01.2018 circulating orders dated 17.07.2015 of Hon’ble Delhi High Court in WP No. 844/2014 filed by Ms. Rama Pandey Vs Uol & others regarding grant of Maternity Leave and Child Care Leave to a female government servant who had a child through surrogacy, is enclosed herewith for information and necessary action.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

3. Please acknowledge receipt.

DA: As above

Sd/-
(N P Singh)
Joint Director/E(P&A),
Railway Board

The post Grant of Maternity Leave and Child Care Leave to a female railway government employee who had a child through surrogacy appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Ministry of Defence
New Delhi, the 11th December, 2019
THE NAVY LEAVE REGULATIONS – 2019

S.R.O.105.— In exercise of powers conferred by section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations namely:-

CHAPTER I

GENERAL

1. Short Title. These regulations may be called the Navy Leave Regulations, 2019.

2. Application. They shall apply to Officers (including Special Duties List Officers), Sailors and Artificer Apprentices of the Indian Navy.

3. Claim to Leave. Leave shall not be claimed as of right. Its grant shall be subject to the exigencies of the Service.

4. Classification of Leave. Leave admissible to different categories of personnel shall be of the following kinds, namely:-

(a) Regular Officers (including Special Duties List Officers).

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Leave on invalidment.

(vi) Child Care Leave (for Women officers).

(vii) Child Adoption Leave (for Women officers).

(viii) Paternity Leave on birth of a child.

(ix) Paternity Leave on adoption of a child.

(x) Maternity Leave.

(xi) Study Leave.

(xii) Special Casual Leave.

(b) Short Service Commissioned Officers.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Special Casual Leave.

(vi) Leave on invalidment.

(vii) Leave on termination of engagement.

(viii) Child Care Leave (for Women Officers).

(ix) Child Adoption Leave (for Women Officers).

(x) Paternity Leave on birth of a child.

(xi) Paternity Leave on adoption of a child.

(xii) Maternity Leave.

(c) Sailors.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Compassionate Leave.

(v) Leave on discharge or retirement.

(vi) Paternity Leave on birth of a child.

(vii) Paternity Leave on adoption of a child.

(d) Artificer Apprentices.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Paternity Leave on birth of a child.

(v) Paternity Leave on adoption of a child.

5. Date of Commencement and Termination of Leave.

(a) Leave shall commence on the date on which an individual is relieved from duty if relieved in the forenoon, and on the following day if relieved in the afternoon.

(b) Leave shall terminate on the day preceding the date of re-joining, if an individual re-joins duty in the forenoon, or on the date of re-joining, if he re-joins in the afternoon.

(c) Notwithstanding anything contained in this regulation:-

(i) (aa) Leave of Gorkha Officers shall commence or terminate on the date of crossing the Nepal border; leave of officers domiciled in Bhutan shall commence on the date of crossing the Bhutan border.

(ab) If a sailor, who has availed himself of the additional leave under regulation 46, alongwith Annual Leave or accumulated Annual Leave during the first year of a block of two years is granted Annual Leave or accumulated Annual Leave in the second calendar year of the block, that leave shall commence or terminate on the dates of crossing the Nepal or Bhutan border with no entitlement to the additional leave.

(ii) In case of personnel serving afloat, leave shall terminate on the date of their reporting to the ship on which they are borne; and in case the ship on which they are borne is temporarily away from the home port or from the port where it was scheduled to be at the time, the personnel shall report to the shore establishment of that port and their leave shall be considered as terminated on the date of reporting to the shore establishment.

(iii) For personnel serving ashore ex-India, leave in India shall commence on the date on which such personnel proceed on leave from the shore establishment to which they are appointed or transferred on arrival in India and terminate on the date they are required to report for duty prior to proceeding ex-India.

(iv) The leave of Naval personnel serving in the Andaman and Nicobar Islands and on ships based on these Islands shall commence and terminate on reporting at IN Ships Adyar, Netaji Subhash and Circars.

(v) Leave of Naval personnel serving in the mainland and having their homes in Lakshadweep Islands will begin at Naval Detachment, Kochi/ NCC, Calicut from the date they are put on a vessel for their home island and will terminate on the date of their reporting back at the station aforesaid. They will be transported between the mainland and the Islands by the earliest available suitable merchant ship. The period of travel to and fro between the duty station and Naval Detachment, Kochi/ NCC, Calicut, as well as the period of stay at Kochi/ Calicut till personnel are put on a vessel, will be treated as on duty. Sailors proceeding on Annual Leave/ accumulated Annual Leave, in whose case the period of journey between Naval Detachment, Kochi/ NCC, Calicut and the leave station exceeds two days each way, will be allowed an additional leave in terms of regulation 45(d) of these regulations.

6. Prefixing and Suffixing of Holidays to Leave.

(a) If a recognised holiday (such as a Sunday, Republic Day or the like) falls on the day immediately preceding the day from which leave has been granted or such holiday follows the last day of the leave granted, an individual who is not required for duty on such holiday may with his Commanding Officer’s express permission, leave his station at the close of the day before, or return to duty at the end of such holiday, provided no extra expense is caused to the State.

(b) An individual shall be considered, as on duty, during such holiday, which shall not count against the number of days for which leave is granted.

Explanation I : The concession prefixing or suffixing of holiday to leave shall not be admissible in the case of Gorkha personnel whose leave commences or terminates on the date of crossing the Nepal or Bhutan borders under Regulation 5, Sub-regulation (c).

Explanation II : The concession of prefixing and suffixing of holidays to leave will not be admissible to sailors who enjoy the benefit of additional leave in terms of Sub-regulation (d) of Regulation 45.

Explanation III : Restricted holidays shall be treated as recognised holidays where such holidays are prefixed or suffixed to leave.

7. Place from which Leave is taken and Place at which Duty is resumed on Termination of Leave .

(a) Individual shall ordinarily proceed on leave from, and re-join after expiry of leave at their permanent duty stations.

(b) Officers not below the rank of Captain may be permitted to proceed on, or re-join duty from leave at station other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters)and by the Flag Officer Commanding-in-Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limit of their respective Commands, provided that:-

(i) It is necessary or expedient in the public interest for the officer to perform temporary duty at that time at a station other than his permanent duty station, and

(ii) If the officer concerned is not required to perform the duty, it would be necessary to detail some other person to perform it.

(c) Officers below the rank of Captain may be permitted, provided it results in saving to the State, to proceed on, or re-join duty from, leave at stations other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters) and by the Flag Officer Commanding-in- Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limits of their respective Commands.

(d) Sailors serving in the ships and establishments may, at the discretion of the Commanding Officers, be permitted to proceed on or re-join duty from leave at stations other than their permanent duty stations in which they are serving, provided it results in saving to the State.

Explanation : The provisions of this regulation shall not apply:-

(i) To Casual Leave which counts as duty;

(ii) In the case of officers who are granted leave on the conclusion of course of ten weeks’ duration or more as well as those who are detailed to attend such courses whilst on leave; and

(iii) In case where establishments or units of establishment move temporarily enbloc to places away from their permanent stations as well as to detachments located away from permanent stations.

8. Leave Entitlement. Leave entitlement for officers and personnel attached to other establishments due to disciplinary cases, will be as follows:-

(a) Officers and personnel attached to other establishments, due to disciplinary cases, are not deemed to be performing normal duty and no leave is, therefore, ordinarily permissible to them:

Provided that, in exceptional cases leave due may be granted on extreme compassionate grounds by the authority, who issued orders for their attachment to such establishment.

(b) Personnel permitted to proceed on leave from a station other than the permanent duty station may be permitted to re-join at that station, if necessary.

(c) Leave granted under this regulation shall be restricted to the barest minimum and shall not be granted unless the authority granting the leave is satisfied that it would not hamper or unduly delay the progress of the disciplinary case.

9. Overstayal of Leave.

(a) Officers.

(i) If an officer overstays his leave (except Casual Leave) no pay shall be admissible for the period of overstayal, unless an extension of leave to cover that period is granted by the Competent Authority. Cases of overstayal of Casual Leave beyond the normal entitlement at a time shall be regularised by Naval Headquarters, provided the total period of Casual Leave availed by the officer does not exceed the maximum amount of such leave admissible during the year.

(ii) In cases where the maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Administrative Authorities, the entire spell of Casual Leave including the period of extension or overstayal shall be treated as Annual Leave or Furlough for that year, if due.

(iii) If an officer is compelled to overstay his leave due to natural calamities like floods, earthquakes, landslides, etc, the overstayal upto 30 days in excess of the maximum leave admissible, may be regularised by Naval Headquarters at their discretion by adjustment against his future Annual Leave entitlement or Furlough as may be considered appropriate.

(b) Sailors or Artificer Apprentices. If a Sailor or Artificer Apprentice overstays his leave, the following principles shall apply, namely:-

(i) If found guilty, he shall be dealt with under the Navy Act 1957 and awarded mulcts of pay in accordance with Regulation 41 of the Regulations for the Navy, Part II.

(ii) If not found guilty, (in case of leave other than Casual Leave) an extension to cover the period in question shall be granted by the Leave Sanctioning Authority, which shall be debited to his Annual Leave account for the current year. If no Annual Leave is due for that year, such leave shall be treated as an advance of the next year’s Annual Leave. Cases of overstayal of Casual Leave beyond the normal entitlement at time, shall be regularised by the authorities mentioned in sub-clause (ab) of clause (ii) of sub-regulation (d) and provided the total period does not exceed the maximum amount of such leave admissible during the year. In cases where maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Commanding Officer of the Ship or Establishment, the entire spell of Casual Leave including the period of extension or overstayal, shall be treated as Annual Leave for that year, if due.

(c) In cases of overstayal of Casual Leave due to individual’s own sickness beyond the maximum Casual Leave admissible in a year, the entire period involved (Casual Leave and overstayal thereof) shall, in the first instance, be debited to the Annual Leave entitlement of the year in which Casual Leave is granted, if due. Cases of overstayal of Casual Leave due to individual’s own sickness which are not so covered by their Annual Leave entitlement involve overstayal up to 60 days from the date of falling sick shall be regularised as provided in sub-regulation (d), and by the authorities specified in clause (ii) therein, subject to satisfaction about its genuineness, after making necessary inquiries. 

(iii) Cases involving overstayal beyond 60 days from the date of falling sick shall be submitted to Central Government for orders.

Explanation 1 : In cases where future leave does not accrue to an individual due to his retirement or discharge, the periods mentioned in sub-clause (aa) and (ac) of clause (i) shall be treated as Extraordinary Leave without pay and allowances by the authorities specified in sub clauses (aa) and (ab) of clause (ii).

Explanation 2 : In case where the period of overstayal is required to be adjusted against the following year’s Annual Leave entitlement, the Annual Leave of that year shall be regarded as proportionately consumed for carrying out necessary adjustments. The grant of leave on compassionate grounds in the following year if necessary, shall be dealt with under Regulation 48.

(iv) If a sailor overstays the leave granted to him due to natural calamities like floods, earthquakes and landslides the period of overstayal of leave up to 30 days may be regularised by the Commanding Officer at his discretion (overstayal of accumulated Annual Leave shall be so regularised under the orders of the Administrative Authority) . The first 15 days of the 30 days limit may be treated as Special Leave with full pay and allowances, and the remaining period upto15 days may be adjusted against the future leave entitlement of the individual. In the case of Artificer Apprentices, Special Leave with full pay and allowances upto 15 days may be sanctioned at the discretion of the Commanding Officer. Any period of overstayal of leave beyond 30 days in the case of Sailors or 15 days in the case of Artificer Apprentices, shall be reported to the Chief of Personnel for orders. In such cases, the period of overstayal may be regularised at the discretion of the Chief of Personnel by grant of leave without pay.

The post Navy Leave Rules 2019 to Officers, Sailors and Artificer Apprentices – Gazette Notification appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO: 246

ANSWERED ON: 24.06.2019

Fraud in Granting Maternity Leave

Pankaj Chowdhary
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-

(a) whether the cases of fraud in granting maternity leave with full salary in Employees’ State Insurance Corporation have come to the notice of the Government;

(b) if so, the details thereof; and

(c) whether the Government is likely to take any effective measure to check fraud in granting maternity leave with full salary?

 ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT

(SHRI SANTOSH KUMAR GANGWAR)

(a): Yes, Sir. Suspected cases of fraud have been detected in granting Maternity benefit under Employees’ State Insurance (ESI) Act, 1948.

(b): The Internal audit while conducting the regular audit observed irregularities in maternity benefit payments in Sector 23 & 27 Branch offices of Faridabad in Haryana Region. Prima-facie, the fraud was detected to have been done in collusion with the ESIC staff and some Employers for availing maternity benefit under ESI Act. A complaint has been registered with the Central Bureau of Investigation, Chandigarh for further investigation. Thirteen officials including Managers of the Branch offices and other staff in question, have been placed under suspension so far.

c): The ESIC has already taken the following actions in the aftermath of detection of this suspected fraud: –

i) Special Audit of all the maternity benefit payments made in all Branch offices of ESIC during last three years has been ordered.

ii) Instructions have been issued to all Regional Directors and Sub-Regional office-in charges to ensure strict adherence with the established procedure/Rules/Regulations while making maternity benefit payment. They have also been directed to keep strict vigil on the payments being made through the Branch Offices under their jurisdiction.

The post Fraud in Granting Maternity Leave in ESIC, complaint has been registered with the CBI appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No. 17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhavan, Sansad Marg
New Delhi – 110001
Dated: 17 .05.2019

OFFICE MEMORANDUM

Subject :- Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts.

The undersigned is directed to refer to Department of Posts O.M. of even number dated 27% June 2018 regarding introduction of Maternity Leave for the female Gramin Dak Sevaks (Female GDS) in the Department of Posts.

2. References suggestions have been received seeking clarification about the competent authority for grant of Maternity Leave to Female GDS. In this connection, it is clarified that the Competent Authority for grant of 180 days Maternity Leave to Female GDS BPM/ ABPM; Dak Sevaks will be the concerned Divisional Head.

3. All other terms and conditions of the Department of Posts OM of even number dated 27th June 2018 will remain unchanged.

(S.B. Vyavahare)
Assistant Director General (GDS/PCC)

The post Female GDS Employees – Maternity Leave for the female Gramin Dak Sevaks in the Department of Posts appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Maternity Benefit Rules 2019

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 29th January, 2019

G.S.R. 57(E).- Whereas a draft of certain rules further to amend the Maternity Benefit (Mines and Circus) Rules 1963, among other rules, were published as required by sub-section (1) of section 28 of the Maternity Benefit Act, 1961 (53 of 1961), in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification of the Government of India in the Ministry of Labour and Employment number G.S.R. 413(E), dated the 23rd April, 2018, inviting objections and suggestions from all persons likely to be affected thereby, within a period of three months, from the date on which copies of Official Gazette containing the said notification were made available to the public;

And whereas copies of the said Official Gazette were made available to the general public on the 23rd April, 2018; And whereas the objections and suggestions received on the said draft rules from the public have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 28 of the said Act, the Central Government hereby makes the following rules further to amend the Maternity Benefit (Mines and Circus) Rules, 1963, namely:-

1. These rules may be called the Maternity Benefit (Mines and Circus) Amendment Rules, 2019.
2. They shall come into force on the date of their publication in the Official Gazette.

2. In the Maternity Benefit (Mines and Circus) Rules, 1963, for rule 16, the following rule shall be substituted, namely: –

‘16. Annual return.- (1) The employer of every mine or circus shall, on or before the 1st day of February in each year, upload a unified annual return in Form X online on the web portal of the Central Government in the Ministry of Labour and Employment, giving information as to the particulars specified, in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, register and other documents maintained in electronic form or otherwise

Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

(2) If the employer of a mine or circus to which the Act applies sells, abandons or discontinues the working of the mine or circus, then, he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance, as the case may be, upload online, on the web portal of the Central Government in the Ministry of Labour and Employment, a further unified return in Form X referred to in sub-rule (1) in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance.’

No. Z-20025/23/2018-LRC]
MANISH KUMAR GUPTA, Jt. Secy.

Note: The Maternity Benefit (Mines and Circus) Rules, 1963 was published in the Gazette of India vide notification number G.S.R.1642, dated the 5th October, 1963 and lastly amended vide notification number G.S.R.435(E) dated the 29th May, 2015.

Source: labour.gov.in

The post The Maternity Benefit (Mines and Circus) Amendment Rules, 2019 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Ministry of Labour & Employment
Creche Facilities for Employees

11 FEB 2019

The Maternity Benefit Act, 1961 is enforced and implemented by the respective State Governments in all sectors except in the Mines and Circus Industries. As per the Maternity Benefit (Amendment) Act, 2017, it has been made mandatory for the establishments employing 50 or more employees to provide creche facility, either separately or along with common facilities within a prescribed distance. Time to time, advisories are issued to State Governments for strict enforcement and compliance of the provisions of the Maternity Benefit Act, 1961. Government does not maintain data of defaulters centrally. Implementation of provisions relating to nursing breaks are also enforced by State Governments, except in case of mines and circus.

This information was given by Shri Santosh Kumar Gangwar Union Minister of State (I/C) for Labour and Employment in written reply to a question in Lok Sabha today.

PIB

The post Maternity Benefit Act – Creche Facilities for Employees appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.