GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA
UNSTARRED QUESTION NO-849
ANSWERED ON-12.12.2013
Countries rank in Global Age Watch Index
849 . SHRI ALOK TIWARI
PRABHAT JHA
KUSUM RAI
ARVIND KUMAR SINGH
(a) whether as per the data of Global Age Watch Index, India ranks at 73rd position in elderly care out of 91 countries sampled; and
No.A-24020/01/2013-SS.I
Government of India/Bharat Sarkar
Ministry of Labour & Employment/Shram Aur Rozgar Mantraylya
Social Security Division/Samajik Surakasha Prabhag
Shram Shakti Bhawan, New Delhi.
Dated the 30th July’ 2013
To,
The Director General,
ESI Corporation,
Panchdeep Bhawan,
CIG Marg,
NEW DELHI 110002.
Subject: Clarification regarding grant of CCL and other related benefits - reg.
Sir,
I am directed to refer to ESIC’s letter bearing No. A-40/11/5/2012-E.III dated 27.05.2013 on the subject mentioned above and to say that the matter has been examined in consultation with Department of Personnel and Training.
No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
| Establishment (Leave) Section |
| Leave Encashment with LTC |
| Sl. No. | Frequently asked Questions | Answer |
| 1. | Whether encashment of leave is allowed after LTC is availed? | Sanction of leave encashment should, as a practice, be done in advance, at the time of sanctioning the LTC. However, ex-postfacto 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. |
| 2. | Whether encashment of leave with LTC can be availed at the time when the LTC is availed | Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or when his family avails it provided other conditions are satisfied. |
| 3. | 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 and DA admissible on that |
| 4. | Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees? | The industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on |
| Encashment of Earned Leave on joining Central Government from PSUs & vice versa |
| Sl. No. | Frequently asked Questions | Answer |
| 1. | Whether earned leave encashment allowed by the | Encashment of EL allowed by the State Governments, Public Sector Undertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules. |
| 2. | Whether Leave encashment allowed by Govt. under CCS (Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account? | Encashment of EL allowed by the Govt. under the CCS(Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body/PSU for the post absorption period. |
| 3. | Whether cash equivalent of leave salary in case of | A Government servant who has been permitted to be absorbed in a Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo motu granted cash equivalent of leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D) Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment — {Note below rule 39-D — Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012 ) |
| Leave Encashment on Suspension/Dismissal/Removal |
| Sl. No. | Frequently asked Questions | Answer |
| 1. | Whether leave encashment can be sanctioned to a Govt. servant on his superannuation while under suspension? | Leave encashment may be allowed in such cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding 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 |
| 2. | Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, from | A government servant, who is dismissed/removed from service, 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. |
| Interest on Leave Encashment |
| Sl. No. | Frequently asked Questions | Answer |
| 1. | Whether interest is payable on delayed payment of leave encashment dues? | No. There is no provision in the CCS (Leave) Rules 1972 for payment of interest on leave encashment. |
| Study Leave |
| Sl. No. | Frequently asked Questions | Answer |
| 1. | What is the maximum amount of study leave which can be availed? | The maximum amount of study leave for other than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. (Rule 51(1)}. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. (Rule 51(2)}. |
| 2. | Whether study leave can be clubbed with other leave? | Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54) |
| 3. | What is the validity period of bond to be executed by the Government servant while | Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55). |
| 4. | 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? | As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up |
| Paternity Leave for Child Adoption/Child Adoption Leave |
| Sl. No. | Frequently asked Questions | Answer |
| 1. | How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave | As per notes below rules 43AA and 43B "Child" for the purpose will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child'. |
| Child Care Leave |
| Sl. No. | Frequently asked Questions | Answer |
| 1. | 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, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the |
| 2. | 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 Government servant has to go abroad for taking care of the child she may |
| 3. | 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 on EL. |
| 4. | Whether child care leave has been extended to female industrial employees? | Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43- C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.12012/2/2009-Estt.(L) dated 01-08-2012 } |
| Commuted Leave |
| Sl. No. | Frequently asked Questions | Answer |
| 1. | Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse? | Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases. |
Sd/-
(S. G. Mulchandaney)
Under Secretary
Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf
BHARAT SANCHAR NIGAM LTD.
(A Government of India Enterprise)
CORPORATE OFFICE
PAT SECTION
Bharat Sanchar Bhawan,
H. C. Mathur Lane, New Delhi-01
OFFICE ORDER
NO. 1 -33/2012-PAT(BSNL)/CCL
Dated, the 08-03-2013
Subject:- Grant of Child Care Leave to women employees of BSNL (absorbed/ directly recruited/deputationists/deemed deputationists).
Approval of the Management Committee of the Board is, hereby, conveyed for grant Child Care Leave to women employees of BSNL (absorbed/directly recruited/deputationists/ deemed deputationists) as per the provisions of DOP&T OM No.13018/2/2008-Estt.(L) dated 11.09.2008 and subsequent clarifications issued by DOP&T.
2. These orders shall take effect from the date of issue.
Hindi version will follow.
Sd/
(Sheo Shankar Prasad)
Assistant General Manager (Pers.V)
Source:http://www.bsnleuchq.com/Child%20care%20leave%20orders.pdf
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
No.E[P&A]I-2012/CPC/LE-5
New Delhi, dated: 17.12.2012
The General Secretary,
NFIR,
3, Chelmsford Road,
New Delhi. - 110055.
Dear sir,
Sub: - Grant of Child Care Leave without any reason.
The undersigned is directed to refer to your letter No. I/5(f) dated 14.11.2012 and to state that as per the extant instruction contained in Board's letter dated 23.10.2008 and 12.12.2008, woman railway employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of two years (i.e. 730 days) during their entire service for taking care of upto two children whether for rearing or to look after any of their needs like examination, sickness etc. and that Child Care Leave cannot be demanded as a matter of right.
50479—F.D.—H.G.P., Chd.
No.11/102/2009-3FR
From
Principal Secretary to Government Haryana,
Finance Department.
To
1. All Administrative Secretaries to Government Haryana.
2. All the Heads of Department.
3. Commissioner, Ambala, Hisar, Rohtak and Gurgaon Divisions.
4. All Deputy Commissioners in Haryana.
5. Sub Divisional Officers (Civil) in Haryana.
6. The Registrar, Punjab & Haiyana Higb Court, Chandigarh.
Dated, Chandigarh, the 5th November, 2012.
Subject:- Grant of Child Care Leave (CCL) to Women Government Employees-Delegation of Power.
Sir,
I am directed to invite your attention to Haryana Government Finance Department’s letters no. 11/102/2009-3FR dated 5.7.2012, on the subject noted above. Vide these instructions it was clarified that cases would be sent to the Finance Department for sanction of Child Care Leave (CCL) for a period of more than 120 days if to be spent within India and of 240 days if to be spent out of India. On reconsideration it has now been decided that such leave may be sanctioned by the following authorities to the employees working under them:-
No. 2(9)/2012-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, 27th August, 2012.
OFFICE MEMORANDUM
Subject:- Clarification on the admissibility of House Rent Allowance (HRA) during the Child Care Leave (CCL) - Reg.
The undersigned is directed to refer to Para 6 (a)(i) of this Ministry’s O.M. No.2(37)-E.II(B)/64 dated 27.11.1965, as amended from time to time, on regulation of House Rent Allowance during Leave which stipulates that a Government servant is entitled to draw HRA..... during total leave of all kinds not exceeding 180 days and the first 180 days of the leave if the actual duration of leave exceeds that period; but does not include terminal leave,...... It has also been stipulated, thereunder, that drawal of the allowance (HRA) during the period of leave in excess of first 180 day availed of on grounds other than medical grounds mentioned in sub-para (ii), shall be subject to furnishing of the certificate prescribed in Para 8(d) of the O.M. ibid.
To view the Previous Child Care Leave DoPT ORDER Click the below links
No. 12012/2/2009-Estt.(L)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
New Delhi, the 1st August, 2012.
OFFICE MEMORANDUM
Subject:- Extension of orders for grant of Child Care Leave to all Civilian Female Industrial Employees of the Central Government.
The undersigned is directed to state that the matter regarding extension of benefit of Child Care Leave to all Civilian Female Industrial Employees of the Central Government at par with the civilian female industrial employees of Defence Establishment covered by the CCS (Leave) Rules, 1972 has been under consideration of this Department. It has been decided in consultation with the Ministry of Finance (Department of Expenditure) to extend the benefit of Child Care Leave to all Civilian Female Industrial Employees of the Central Government at par with the civilian female industrial employees of Defence Establishment covered by the CCS (Leave) Rules, 1972 subject to condition provided in rule 43-C of the CCS (Leave) Rules, 1972, as amended from time to time.
No 11/102/2009-3FR
From:
Principal Secretary to Government
Haryana, Finance Department.
To:
1. All the Heads of Department,
2. Commissioner, Ambala, Hisar, Rohtak and Gurgaon Divisions,
3. All Deputy Commissioners and,
4. Sub Divisional Officers (Civil) in Haryana,
5. The Registrar, Punjab and Haryana High Court, Chandigarh.
Dated, Chandigarh the 5th July, 2012.
Subject:- Introduction of Child Care Leave (CCL) for Women Government Employees.
Sir/Madam,
I am directed to invite your attention to Haryana Government, Finance Department's instructions of even number dated 5th February, 2010. 1st October, 2010 and 3rd June, 2011 on the subject noted above. It has also come to notice that the instructions of Child Care Leave are being mis-interpreted, further cases for clarifications on certain were being received in large scale and the request to grant CCL to women Government employees working on adhoc basis/work charged was also under consideration. Keeping in view all above, it has been decided to issue revised consolidated instructions of Child Care Leave for women Government employees.
Government of West Bengal
Finance Department
Audit Branch
No: 1364-F(P)
Kolkata, the 15th February, 2012.
MEMORANDUM
Consequent upon recommendation of the Fifth State Pay Commission for introduction of ‘Child Care Leave’ in favour of female State Government Employees, the matter has been under consideration of the Government for some time past.
After careful consideration of the matter, the undersigned is directed by order of the Governor to say that the Female Govt. employees having minor children may be granted Child Care Leave [CCL] by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during their entire service period for taking care of upto two children upto 18 years of their age whether for rearing or to look after any of their needs like examination, sickness etc. subject to the following conditions.
(i) During the period of such leave, the female employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(ii) It may not be granted in more than 3 (three) spells in a calendar year.
(iii) It may not be granted for less than 15 days in a spell.
(iv) Child Care Leave shall not be debited against the leave account.
(v) It may be combined with Leave of the kind due and admissible.
(vi) Child Care Leave should not ordinarily be granted during the Probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which such leave is sanctioned during probation is minimal.
(vii) Other terms and conditions as applicable to sanctioning Earned Leave shall be applicable in the matter of sanctioning Child Care Leave.
(viii) An account for the purpose shall have to be maintained under proper attestation by the leave sanctioning authority.
2. This order shall take effect from 1st January, 2012.
3. Formal amendments in the relevant rules of the West Bengal Service Rules will be made in due course
Sd/-
A.K. Das
Joint Secretary to the
Government of West Bengal,
Finance Department.
Source: http://www.wbfin.nic.in/writereaddata/CHILD_CARE_LEAVE.pdf
