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Core Purpose

Central Civil Services (Leave) (Amendment) Rules, 2024 extending maternity, paternity and child care leave entitlements to government servants involved in surrogacy arrangements.

Detailed Summary

By G.S.R. 331(E) dated 18th June 2024, the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), exercising powers under the proviso to article 309 of the Constitution, notified the Central Civil Services (Leave) (Amendment) Rules, 2024, effective from publication, amending the Central Civil Services (Leave) Rules, 1972: a new sub-rule (6) is inserted in rule 43 granting 180 days' maternity leave to a surrogate mother and to a commissioning mother with fewer than two surviving children where either or both are government servants; a new sub-rule (6) is inserted in rule 43-A granting 15 days' paternity leave, within six months of the child's delivery, to a commissioning father who is a male government servant with fewer than two surviving children; and a new sub-rule (8) is inserted in rule 43-C granting child care leave to a commissioning mother with fewer than two surviving children in cases of surrogacy; the amendment defines "commissioning mother" as the intending mother of a child born through surrogacy, "surrogate mother" as the woman bearing the child on the commissioning mother's behalf, and "commissioning father" as the intending father of such a child. The principal rules, dated 8th April 1972 (vide S.O. 940 dated 15th March 1972), were last amended vide G.S.R. 374(E) dated 15th May 2023.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-18062024-254780 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 308] NEW DELHI, TUESDAY, JUNE 18, 2024/JYAISHTHA 28, 1946 MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department Of Personnel And Training) NOTIFICATION New Delhi, the 18th June, 2024 G.S.R. 331(E). In exercise of the powers conferred by the proviso to article 309 of the Constitution, 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) (Amendment) Rules, 2024. (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, after sub- rule (5), the following sub-rule shall be inserted, namely:- "(6) In case of surrogacy, the surrogate, as well as the commissioning mother with less than two surviving children, may be granted maternity leave of 180 days, in case either or both of them are Government servants. 3. In the said rules, in rule 43-A, after sub-rule (5), the following sub-rule shall be inserted, namely:- "(6) In case of a child begotten through surrogacy, the commissioning father who is a male Government servant with less than two surviving children may be granted paternity leave of 15 days within the period of 6 months from the date of delivery of the child. 4. In the said rules, in rule 43-C, after sub-rule (7), the following sub-rule shall be inserted, namely:- "(8) In case of surrogacy, the commissioning mother with less than two surviving children, may be granted child care leave. Note 1:- The expression 'commissioning mother' shall mean the intending mother of the child born through surrogacy. Note 2:-The expression 'surrogate mother' shall mean the woman who bears the child on behalf of the commissioning mother.". Note 3:- The expression 'commissioning father' in this rule shall mean the intending father of the child born through surrogacy.". [F.No. A-24011/21/2023-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 (ii), dated 8th April, 1972 vide number S.O. 940, dated the 15th March, 1972 and last amended vide notification number G.S.R. 374(E)dated the 15th May, 2023 published in the Gazette of India, Extraordinary, Part II, Section III, Sub-section(i), dated the 18th May, 2023.

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