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Core Purpose

Notification amending the All India Services (Leave) Rules, 1955 to revise the Child Care Leave entitlement under section 3 of the All India Services Act, 1951.

Detailed Summary

By notification G.S.R. 562(E) dated 28th July 2023, styled the All India Services (Leave) Amendment Rules, 2023, the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, exercising powers under sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951) and after consultation with the State Governments, amends rule 18(D) (Child Care Leave) of the All India Services (Leave) Rules, 1955, to provide that a female member of the Service and a single male member of the Service may be granted child care leave for a maximum of seven hundred and thirty days during entire service, for the two eldest surviving children up to age eighteen, at one hundred per cent of leave salary for the first three hundred and sixty-five days and eighty per cent for the next three hundred and sixty-five days, limited to three spells per calendar year (up to six spells for a single female member) with a minimum spell of five days, maintained in a separate leave account, and not ordinarily granted during probation except in extreme situations; the principal rules were published vide notification No. 5/2/53-AIS(III) dated 12th September 1955 (S.R.O. 1979) and last amended vide notification No. 11019/27/2008-AIS-(III) dated 19.09.2011 (G.S.R. 707(E) dated 21.09.2011); the notification is issued under File No. 11019/04/2020-AIS-III and signed by Kavita Chauhan, Under Secretary.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 442] NEW DELHI, FRIDAY, JULY 28, 2023/ SHRAVANA 6, 1945 CG-DL-E-29072023-247698 1. 11019 /27/2008 -एआईएस -(III) 2011.0919. 707(अ) 2011.09.21 MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING NOTIFICATION New Delhi, the 28 th July, 2023 G.S.R . 562 (E).—In exercise of the powers conferred by sub -section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules further to amend the All India Services (Leave) Rules, 1955, namely: 1. Short tit le and commencement. – (1) These rules may be called the All India Services (Leave) Amendment, Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the All India Services (Leave) Rules, 1955, in rule 18 (D), – (i) for sub -rules (1) and (2) the following sub -rules shall be substituted, namely: – “18 (D) Child Care Leave. – (1) Subject to the provisions of this rule, a female member of the Service and single male member of the Service may be granted ch ild care leave by an authority competent to sanction leave for a maximum period of seven hundred and thirty days during entire service, for taking care of two eldest surviving children, up -to the age of eighteen years, on the grounds of rearing or for look ing after any of their needs, such as education, sickness and the like. (2) During the period of child care leave, member of the Service shall be paid hundred percent of leave salary equal to pay drawn immediately before proceeding on leave for the first three hundred and sixty five days and eighty percent of the pay drawn immediately before proceeding on leave for the next three hundred and sixty five days”; (ii) for sub -rules (5) and (6), the following sub -rules shall be substituted, namely: – ‘(5) Chil d care leave shall not be granted for more than three spells in a calendar year and in case of a single female member of the Service, the child care leave may be granted for up -to six spells in a calendar year: Provided that child care leave may not be gra nted for a period less than five days in a spell. (6) A separate leave account shall be maintained for child care leave and it shall not be debited against the other leave accounts of the member of the Service. (7) Child care leave shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is min imal. Explanation – For the purpose of this rule, “single male” refers to an unmarried or widower or divorcee male member of the Service’. [F. No. 11019/04/2020 -AIS-III] KAVITA CHAUHAN, Under Secy Note: - The principal rules were published vide notifica tion No. 5/2/53 -AIS(III), dated the 12th September, 1955, in the Gazette of India, vide number S.R.O. 1979, dated 12th September, 1955, and last amended vide :– S.No. Notification No. Date G.S.R. No. Date of Publication 1. 11019/27/2008 -AIS-(III) 19.09.2 011 707(E) 21.09.2011 Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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