Child Care Leave in respect of female railway employees as a result of SCPC recommendations - Clarification regarding

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

PC-VI No.229
RBE.No. 144/2010 New Delhi dated 04.10.2010.

No.E(P&A)I-2008/CPC/LE-8

The General Managers/CAOs,
All Indian Railways/Production Units etc.

Subject :      Child Care Leave in respect of female railway employees as a result of Sixth Central Pay Commission recommendations - Clarification regarding

*****

       Please refer to Board's letters of even number dated 23.10.2008, 12.12.2008 and 23.4.2010 regarding grant of Child Care Leave (CCL).

2.        In pursuance of the decision taken by the Government, the Ministry of Railways have decided to delete the condition that CCL can be availed only if the employee concerned has no LAP at her credit, subject to the following conditions:-

(i)        CCL may not be granted in more than 3 spells in a calendar year.

(ii)        CCL may not be granted for less than 15 days.

(iii)        CCL 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 this leave is sanctioned during probation is minimal.

3.        It is reiterated that the CCL is to be treated like LAP and sanctioned as such.

4.        These orders take effect from 1.9.2008. LAP, if any, availed by women employees before availing CCL subsequent to the issue of the Board's letter of even number dated 12.12.2008 may be adjusted against CCL, if so requested by the employee regardless of condition 2(i) and 2(ii) above.

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

6.        Please acknowledge receipt.

s/d
(Dharam Pal)
Director Pay Estt.(P&A)II,
Railway Board

Courtesy: AIRF

Child Care Leave for Central Government employees - Clarification

No. 13018 /1/2010-Estt. (Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

New Delhi, the 7^th September, 2010

Office Memorandum

Sub:    Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission recommendations - Clarification regarding

      The undersigned is directed to say that this Department has been receiving representations from Government Servants through various quarters like the Public Grievances Cell/Associations etc requesting to review the decision to allow Child Care Leave (CCL) only if the employee has no E.L. at her credit.

2.     This Department's O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave in respect of Central Government employees and subsequent clarifications vide O.Ms. dated 29/9/2008, 18/11/2008 and 2/12/2008 were reviewed.

      It has now been decided in consultation with Department of Expenditure, to delete the condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit, subject to the following conditions:-

(i)   CCL may not be granted in more than 3 spells in a calendar year.

(ii)   CCL may not be granted for less than 15 days.

(iii)   CCL 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 this leave is sanctioned during probation is minimal.

3.     It is reiterated that the leave is to be treated like Earned Leave and sanctioned as such.

4.     These orders take effect from 1.9.2008. Earned Leave, if any, availed by women employees before availing CCL subsequent to the issue of the OM 13018/2/2008-Estt.(L) dated 18/11/2008 may be adjusted against CCL, if so requested by the employee.

5.     Hindi version will follow.

(Simmi R.Nakra)
Director

www.persmin.nic.in

New Guidelines for giving concessions and facilities to women employees in the Government during 2009

Clarification regarding the file Notings under the Right to Information Act, revised instructions for making the procedure of reporting of ACRs more transparent, successful completion of the 3rd Round of Mandatory Mid-Career Training for IAS Officers and new guidelines for giving concessions and facilities to women employees in the Government marked the main activities of the Department of Personnel & Training under the Ministry of Personnel, Public Grievances & Pensions during the year 2009.

The major initiatives taken during the year 2009 are as under:

Supply of file notings under Right to Information Act, 2005

The Department has clarified that file noting can be disclosed under Right to Information Act, 2005 except file noting containing information exempt from disclosure under section 8 of the Act.

Revised instructions for making the procedure of reporting ACRs more transparent.

With a view to avoid procedural discrepancies of disclosure of the Performance Appraisal Reports (PAR) to the officer reported upon and to follow the time-schedule of PAR process, as envisaged in the Rules, instructions have been issued that a certificate about disclosure of PAR to the officer reported upon should be enclosed with every PAR while sending the final PAR to this Department for record.

Mandatory Mid-Career Training for IAS Officers

The 3rd round of the Training Programme was successfully completed at Lal Bahadur Shastri National Administrative Academy, Mussoorie in June this year. It may be recalled that the Government had introduced in 2007 a mandatory Mid Career Training Programme (MCTP) for IAS officers, in three different phases of 8 weeks duration. Two rounds of all the three phases were completed in the years 2007-2008.

Provision of concessions and facilities to women

New guidelines have been issued for the representation of Women Members on the various Committees/Boards concerned with selection to Group C&D posts in Central Government which make it mandatory to have one woman member in the selection Boards/Committees where lady candidates are expected to be available for service posts and also dissemination of information about vacancies for recruitment, their basic eligibility conditions through schools and colleges in that area, in additional to normal channels.

Orders were also issued by DOPT in July this year exempting women from payment of fees for competitive examinations/ direct recruitment by interview conducted by UPSC/SSC.

As part of 100 days action Plan for increasing representation of women in Central Government jobs, Ministry of Road Transport and Highways as well as Ministry of Urban Development were requested during the year to make provision of transport facilities to working women for major work places.

The Child Adoption Leave has been enhanced from 135 days to 180 days and Paternity Leave to adoptive fathers increased to 15 days.

In view of the utmost importance attached to the enhancement of women’s status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the children, guidelines were issued to all Ministries and Departments to the effect that when both spouse are in same Central Service or working in same Department and if posts are available, they may mandatorily be posted at the same station. Ministries have been advised to follow these in letter and spirit.

New Pension Scheme for members of All India Service

The Pension of the members of the All India Services appointed on or after 1.1.2004 is regulated by the new Defined Contribution Pension Scheme (known as the New Pension Scheme) notified by the Ministry of Finance (Department of Economic Affairs on 22-12-2003. Benefit Pension Scheme and of GPF are now not available to the members of the service appointed on or after 1.1.2004.

LTC journey for physically handicapped/disabled Government Servants or their dependent family members.

The Department of Personnel & Training has now allowed LTC journey by own car/ private taxi for physically handicapped/ disabled Government Servants or dependant family members.

All India Conference of Central Administrative Tribunal

An all India conference of Central Administrative Tribunal was held in November this year which was attended by the Chief Justice of India, Shri Justice K.G.Balakrishnan, Dr. M.Veerappa Moily, Minister of Law and Justice, Shri Pritihviraj Chavan, Minister of State for Personnel, Public Grievances and Pensions and Dr.Justice Mukundakam Sharma, Judge of the Supreme Court besides the Chairman, Vice Chairmen and Members of all the Benches of the CAT. The in house deliberations held at the conference included the ways for improving the efficiency of various Benches of the Central Administrative Tribunal.

Breast Cancer Survival - Life post diagnosis

At 35, you are a mother of two sweet kids doing household chores and taking care of the family. You suddenly have a feeling of some lump in your breast and you consult your gynecologist. A mammography is advised and unfortunately your reports are not positive- perhaps you are diagnosed with breast cancer. You come home from hospital, highly disheartened and sad. Your tears don't seem to end and it seems that to you that earth will explode today. You are lucky if your husband supports you and accepts you in such a situation as well.

It has been seen in many cases in India where men have married other healthy women due to family pressure and not bothered about supporting their wives diagnosed with breast cancer. The reason for such cases is but obvious- breast cancer treatment is quite costly with a single medicine dose costing as high as Rs.1 lakh.

If you are a government employee, you may get some benefit as government has CGHS and CHS health schemes which sponsor your treatment. If you have a medical insurance policy in your name, go through clauses to find if cancer is covered in the policy. If your financial conditions cannot support cancer treatment, several NGOs and cancer support organizations are there at your help- CPAA(Cancer Patients Aid Association and Roko Cancer to name a few.

Information on Breast Cancer

It has been seen that early diagnosis increases survival rate. So have a look at some useful information about breast cancer.

Symptoms:

-Feeling of lump in your breast or underarm area

-If your nipple stays flat or inverted(not since birth)

-Sudden increase in breast size

-If your breast is always warm and hot to touch sometimes, it may be inflammatory breast cancer

Advice:

-Get mammography done every year when you are above 30 years age.

-Consult your doctor as soon as possible if you find any symptoms.

Here is how you can conduct a self examination:

1. Stand in front of a mirror and look for any visible changes in breasts such as puckering, dimpling or changes in size or shape of breasts. Squeeze each nipple and check for any discharge. Repeat these steps placing your hands on your hips, over your head, and at your side.

2. Raise your right arm and examine carefully every part of your left breast. Move in increasingly smaller circles, from outside to in, using the pads of your index and middle fingers. Gently press and feel for lumps or thickenings if any. Now repeat with your left arm and right breast.

3. Put a pillow under your right shoulder, and your right hand behind your head while you lay down. Again gently massage and feel your breast for lumps or other changes. Now repeat the same with towel under left shoulder with left hand behind head.

Source: Headlinesindia

Women employees allege harassment at workplace

Women employees of Balaji Wafers today took out a rally in protest against the alleged sexual harassment at work place.

In a memorandum submitted to the district collector H S Patel, they alleged that eve teasing and harassment of women employees had become a daily routine in the company.

When they approached management with complaints, they were allegedly misbehaved and insulted, the memorandum said.

The women employees have been on strike for last three days and have warned not to resume work until action is taken by the management in this regard.

They have the support of CPI-M in their protest.

Patel could not be contacted for his comment.
Source: PTI

CCS (Conduct) Rules, 1964 - Guidelines regarding prevention of sexual harassment of working women in the workplace.

No.11013/3/2009-Estt. (A)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

(Department of Pension & Pensioners'Welfare)

North Block, New Delhi
Dated the 3rd August, 2009

OFFICE MEMORANDUM

Subject: CCS (Conduct) Rules, 1964 - Guidelines regarding prevention of sexual harassment of working women in the workplace.

In continuation of Ministry of Personnel, Public Grievances and Pensions,Department of Personnel and Training, Government of India a.M. of even number dated the 21st July, 2009 on the abovementioned subject, the undersigned is directed to say the matter was considered by a Committee of Secretaries and the following decision was taken:-

"As regards provisions for protection of women, it was suggested that the complaints committee mechanism provided under Vishakha guidelines relating to sexual harassment should be strictly in accordance with the judgment and steps should be taken to ensure that the committee is effective and functional at all times. It would also be desirable for the Committees to meet once a quarter, even If there is no live case, and review preparedness to fulfill all requirements of the Vishakha judgment in the Department/Ministry/organization concerned. DOPT will issue suitable directions.

PROVISIONS OF Rule 14 (2) of the CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965

14 (2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a Government servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof.

Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1964, the complaints Committee established in each ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been prescribed for the complaints committee for holding the inquiry into the complaints of sexual harassments, the inquiry as far as practicable in accordance with the procedure laid down in these rules.

Recruitment of Women in Defence Forces

Women are inducted in the Defence Forces as officers. There is no discernible declining trend in the recruitment of women officers. A number of steps aimed at enhancing recruitment of talented officers (both men and women) in the Armed Forces have been taken. All officers including those in Short Service Commission (SSC) are now eligible to hold substantive rank of Captain, Major and Lieutenant Colonel after 2, 6 and 13 years of reckonable service respectively. The tenure of women SSC officers has also been increased from 10 to 14 years. The Government have approved grant of Permanent Commission to SSC (Women) officers prospectively in Judge Advocate General (JAG) Department and Army Education Corps (AEC) of Army and their corresponding Branch / Cadre in Navy and Air Force, Accounts Branch of the Air Force and Naval Constructor of the Navy.

This information was given by Minister of Defence Minister Shri AK Antony in a written reply to Shri Syed Shahnawaz Hussain in Lok Sabha today.

Women in Government Jobs

Women in Government Jobs

As per the census of Central Government employees conducted by the Directorate General of Employment & Training, Ministry of Labour and Employment in 2004, 9.68 per cent of Central Government employees were women. The percentage of women employees in Central Government at present, group-wise is not available.

No forecast of the number of women employees at the end of eleventh five-year plan is available. However, their number is expected to increase as a result of women friendly policies of the Government.

This information was given by the Minister of State in the Ministry of Personnel, Public Grievances & Pensions, Shri Prithviraj Chavan in a written reply to a question in Rajya Sabha today.

Source:PIB

Guidelines regarding prevention of sexual harassment of working women in the workplace.

No.11013/3/2009-Estt. (A)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

(Department of Pension & Pensioners'Welfare)

Lok Nayak Bhawan,New Delhi-110003
dated the 21st July, 2009

OFFICE MEMORANDUM

Subject: CCS (Conduct) Rules, 1964 - Guidelines regarding prevention of sexual harassment of working women in the workplace.

The undersigned is directed to refer to Department of Personnel and Training's O.M. No. 11013/10/97-Estt. (A) dated 13.02:1998 and 13.07.1999, O.M. No. 11013/11/2001-Estt. (A) dated 12.12.2002 and 04.08.2005 and O.M. No. 11013/312009-Estt. (A) dated 02.02.2009 on the abovementioned subject and to say that it is necessary to have in place at all times an effective Complaint Mechanism for dealing with cases of sexual harassment of working women and to create awareness in this regard, particularly amongst working women. The Salient features of the Complaint Mechanism and inquiry procedure are as follows”>

(i) Rule 3 C of the CCS (Conduct) Rules, 1964 provides that no Government servant shall indulge in any act of sexual harassment of any women at her work place. Every Government servant who is in charge of a work. Place shall take appropriate steps to prevent sexual harassment to any woman at such work place."Sexual harassment" includes such unwelcome sexually determined behaviour,whether directly or otherwise, as --

(a) physical contact and advances;
(b) demand or request for sexual favours;
(c) sexually coloured remarks;
(d) showing any pornography; or./-
(e) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

(ii) Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.

(iii) The complaint mechanism should be adequate to provide, where necessary, a Complaints Committee, a special councellor or other support service, including the maintenance of confidentiality.

The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.
The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.

The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.

(iv). The Committee constituted for redressal of the complaints by the victims of sexual harassment shoulq be headed by an officer sufficiently higher in rank so as to lend credibility to the investigations.

(v) The Complaints Committee established in each Ministry or Department or Office for inquiring into complaints of sexual harassment shall be deemed to be the inquiring Authority appointed by the Disciplinary Authority and that the Complaints Committee shall hold, if no separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into such complaints, the inquiry, as far as practicable in accordance with the procedure laid down in the said rules. [In 2004 a provision was added to rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (copy enclosed) to this effect].

(vi) The Complaints Committee in terms of Cabinet Secretariat's Order No.1 dated 26.09.2008 will inquire into complaints made against officers of the level of Secretary and 'Additional Secretary and equivalent level in the Government of India in the Ministries/Departments and Organisations directly under the control of the Central Government (other than the Central PSUs). The existing Complaints Committee established in each Ministry or Department or Office will, inquire into complaints of sexual harassment against only those Government servants who are not covered by the Cabinet Secretariat's Order NO.1 dated 26.09.2008.

(vii) It may be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary,should be made promptly and adequately publicized. The composition of the Complaints Committee• be also posted on the websites of the concerned Ministries/Departments/Offices

Concerted effort to increase representation of women in Central Government Jobs

No. 35021/2/2009-Estt.(C)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

(Department of Personnel and Training)

North Block,New Delhi,
dated the 3rd July, 2009

OFFICE MEMORANDUM

Sub: Concerted effort to increase representation of women in Central Government Jobs.

*******

The undersigned is directed to say that the President's address to the joint Session of Parliament inter-alia,. made the following commitment:

" Concerted effort to increase representation of women in Central Government Jobs "

2. As a part of the Action Plan of this Department approved by the Minister of State for Personnel, Public Grievances & Pensions for implementing the above commitment, this Department has already issued instructions vide a.M.No.3502112/2009-Estt(C) dated 30 th June,2009 making it mandatory to have one woman member in the Selection Boards/Committees for making recruitment to 10 or more vacancies and where lady candidates are expected to be available for the service/post. under the Central Government Even where the vacancies are less than 10, no effort should be spared in including a lady officer in such CommitteeslBoards.

3. In order to ensure that adequate lady candidates are attracted to Central Government jobs and to encourage them to apply for vacancies in the Central Government, it has now been decided that all advertisements/circulars for recruitment to Central Government jobs should invariably mention prominently that "Government strives to have a workforce which reflects gender balance and women candidates are encouraged to apply."

4. Accordingly all MinistrieslDeptts.lRecruiting agencies are requested to ensure that all vacancies advertisements/circulars for posts in Central Government contain the above message prominently. Every effort may also be made to give wide publicity to the extent feasible about all women friendly policies and concessions/facilities available to women empolyees in the Central Government,while making recruitment to posts in the Central Government.

Related Posts:
Representation of Women Members on the various Committees/Boards concerned with selection to Group C&D posts

INTERNATIONAL WOMENT'S DAY CELEBRATION The Ministry of Women and Child Development is organizing day-long celebrations on the occasion of International Women’s Day on 8th March. The Ministry will release Gender Development Index and a report on Gender Empowerment Measures in India in a function to be organized at Siri Fort Auditorium. Discussion on various legislative measures including case studies on domestic violence will also be held on the day. The Ministry has also launched awareness campaign for empowerment of women. Several public private partnership initiatives have been made under the campaign. A report on Bell Bajao campaign and on appointment of Protection Officers for the implementation of Child Marriage Act and Prohibition of Domestic Violence Act will also be released on this occasion. Folk dances and songs by women’s group will also be present on the occasion.

Maternity Leave enhanced to 180 days and introduction of Child Care Leave

No.130l8/212008-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
****

New Delhi, the 11th September, 2008.

OFFICE MEMORANDUM

Subject: Recommendations of the Sixth Central Pay Commission relating to enhancement of the quantum of Maternity Leave and introduction of Child Care Leave in respect of Central Government employees.

Consequent upon the decisions taken by the Government on the recommendations of the Sixth Central Pay Commission relating to Maternity Leave and Child Care Leave, the President is pleased to decide that the existing provisions of the Central Civil Services (Leave)Rules, 1972 will be treated as modified as follows in respect of civilian employees of the Central Govemment:-

(a) The existing ceiling of 135 days Maternity Leave provided in Rule 43(1) of Central Civil Services (Leave) Rules, 1972 shall be enhanced to 180 days.

(b) Leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) that can be granted in continuation with Maternity Leave provided in Rule 43(4)(b) shall be increased to 2 years.

(c) Women 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. Child Care Leave shall not be admissible if the child is eighteen years of age or older. During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. It may be availed of in more than one spell. Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate). It may be combined with leave of the kind due and admissible.

2. These orders shall take effect from 1st September, 2008.

3. In view of paragraph 2 above, a women employee in whose case the period of 135 days of maternity leave has not expired on the said date shall also be entitled to the maternity leave of 180 days.

4. Formal amendments to the Central Civil Services (Leave) Rules, 1972 are being issued separately.

5. In so -far as persons serving in the Indian Audit & Accounts Departments are concerned, these orders are issue in consultation with the Comptroller & Auditor General of India.

6. Hindi version will follow.

Special Allowance for child care for women with disabilities and Education Allowance for disabled children

No.1201l/04/2008-Estt. (Allowance)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

New Delhi, the 11th Sep 2008

OFFICE MEMORANDUM

Sub: Recommendations of the Sixth Central Pay Commission- implementation of decisions relating to Special Allowance for child care for women with disabilities and Education Allowance for disabled children of Govt. employees.

Consequent upon the decision taken by the Government on the recommendations made by the Sixth Central Pay Commission for providing extra benefits to women employees with disabilities especially when they have young children and children with disability, the President is pleased to issue the following instructions:-
(i) Women with disabilities shall be paid Rs.lOOO/-per month as Special Allowance for Child care. The allowance shall be payable from the time of the child's birth till the child is two years old.
(ii) It shall be payable for a maximum of two children.
(iii) Disability means a person having a minimum Disability of 40% as elaborated in Ministry of Welfare's Notification No. 16-18/97-NI.I dated 1.6.2001. (Annexure)
(iv) The above limit would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%.

2. Reimbursement of Education Allowance for disabled children of Government employees shall be payable at double the normal rates prescribed. The annual ceiling fixed for reimbursement of Children Education Allowance for disabled children of Government Employees is Rs.24000. The rest of the conditions will be the same as stipulated vide OM No.l201l/03/2008-Estt. (Allowance) dated 2nd September, 2008 on the subject. OM No.12011/03/2008-Estt.(Allowance)dated 2nd September 2008 on the subject.

3.Disability means a perso having a minimum Disability of 40% as elaborated in Ministry of Welfare's Notification No.16-18/97-NI.I dated 1.6.2001. (Annexure).

4. These orders shall be effective from 1st September, 2008.

5. Insofar as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Audit General of India.

6. Hindi version will follow.