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F.R. 101

Section VI — Exceptions and Special Concessions

Text of the ruleపాఠం

The Government may make rules regulating the grant to Government servants under its control of—

(a) maternity leave to female Government servants; and

(b) leave on account of ill-health to members of subordinate services specified in such rules, whose duties expose them to special risk of accident or illness.

Such leave is not debited against the leave account

Rulingsరూలింగ్స్ 6

Hospital leave to temporary or officiating servants
(1)

(1) A Government servant who holds only a temporary or officiating post and has no lien on permanent post is not entitled to hospital leave, but only to leave under Rule 103.

(2)

(2) Maternity leave may be granted in continuation of other kinds of leave.

(3)

(3) [Not Printed]

Calculation of hospital leave
(4)

(4) The exact intention of the Subsidiary Rules 4 and 5 under Rule 101(b) is as follows :—

(i) The six months' leave referred to in Subsidiary Rule 3 is admissible to the Government servants referred to in Rule 2 in every three years of service , that is to say, a constable may not take more than six months hospital leave before he has completed his third year of service ; not more than six months between completing his third and sixth year and so on.

(ii) The three months' leave on average pay referred to in Subsidiary Rule 4 should be reckoned as part of the six months referred to in Subsidiary Rule 3, that is, the Government servants mentioned in Subsidiary Rule 2 are eligible for three months' leave on average pay followed by three months' leave on half average pay in every three years of service. The total period of hospital leave should still not exceed six months during any period of three years. An application for hospital leave should be examined to see how much hospital leave the individual will have taken during the period of three years, counting back from the date on which the hospital leave applied for will expire.

Press Employees
(5)

(5) The Subsidiary Rules under Rule 101(b) are applicable to all "press employees" including piece workers, permanent and temporary, the men paid from the contingencies and those on daily wages. (6) The limit of eight months is not applicable when hospital leave is taken in combination with ordinary leave on average pay on medical certificate.

Explanation of detention in hospital

(7) Attendance by a policeman unfit for duty at a hospital as an out- patient is not "detention in hospital" for the purposes of the above rule.

Subsidiary rulesఅనుబంధ నియమాలు 2

Subsidiary Rules under Rule 101(a) — Maternity leave

[(1) A competent authority may grant maternity leave of full pay to married female Government servants for a period of ninety days].

[G.O.Ms. No. 219, Fin. & Plg., Dt. 25-6-1984]

Explanation :—The provisions of these rules shall apply to the grant of maternity leave in cases of confinement and shall apply to such leave in cases of miscarriage [including abortion] subject to the following modifications, namely :

[Ins. by G.O.Ms. No. 129, Finance, Dt. 13-8-1985]

(i) that the leave does not exceed six weeks ; and

(ii) that the application for the leave is supported by a certificate from a Registered Medical Practitioner.

Note :—Approved probationers in superior service governed by the Andhra Pradesh Leave Rules, 1933, shall be eligible for maternity leave as for permanent Government servants.

(2) Maternity leave may be combined with leave of any other kind, but any leave applied for in continuation of the former may be granted only if the request be supported by a medical certificate.

[Note :—Regular leave in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to the female Government servant producing a medical certificate to the effect that the condition of the ailing baby warrants mother's personal attention and her presence by the baby's side is absolutely necessary].

[G.O.Ms. No. 2391, Finance, Dt. 3-10-1960]

(3) All Heads of Departments and other competent authorities may grant maternity leave to women Government servants under their control subject to the restrictions laid down in the Subsidiary Rules under Rule 66.

Subsidiary Rules under Rule 101(b) — Hospital Leave

(1) The grant of hospital leave is subject to the condition that the leave salary is not in addition to the benefits to which the employee may be entitled under Section 4(1)(d) of the Workmen's Compensation Act but is inclusive of them.

[(2) All last grade Government servants and subordinates of the following classes, whether in last grade or superior service are eligible for hospital leave :

Police Head Constables and Constables, Daffadars, Jails Matrons, and Head Warders and Warders, Foresters, Forest Guards, Forest Reserve Watchers, Head Warders, Warders and Servants in Mental Hospitals, Petty Officers of the Excise Department, Press Employees and Syces in the Animal Husbandry Department, Leading Fireman, Fireman, Firemen-drivers, Driver-mechanics, Workshop Staff, Ambulance Drivers and Ambulance Attendants in the Fire Service Department.

[Vide Rule 46 of C.S.L. Rules, 1972]

(2-A) A Government servant who holds only temporary or officiating post and has no lien on a permanent post is not entitled to hospital leave. The provision shall not apply to a Police Constable or Head Constable or a Forest Reserve Watcher or a Leading Fireman or Fireman in the Fire Service Department or any of the employees of the Government Press including men paid from Day-extra establishment and menials paid from contingencies but exceeding those classified under Ministerial Services.

Note : —The concession will not apply to the workshop staff, fireman drivers, drivers, mechanics, ambulance-drivers or ambulance attendants as they do not undertake special risks in the course of their duties.

(3) Hospital leave on half average pay may be granted for a period not exceeding six months in every three years service to a Government servant of one of these classes mentioned in Subsidiary Rule 2 when he is detained in hospital or is receiving medical aid as an outpatient, that is to say, a Government servant may not take more than six months hospital leave before he has completed his third year of service, not more than six months between completing his third year and sixth year of service and so on. It is inadmissible when such treatment is necessitated by intemperance or irregular habits. It may be combined with other leave which may be admissible provided that the total period of leave so combined shall not exceed 28 months.

(4) If the detention in hospital was due to an injury received or a disease contracted in the course of duty, and it is also certified not to have been due to imprudence, average pay may be allowed for a period not exceeding three months in every three years. If the medical officer certifies that the injury or disease necessitates detention in hospital, that there is no hospital within convenient distance to which the patient may be sent and that home treatment is possible, treatment as an out-patient may be considered to be detention in hospital for the purpose of this sub-rule.

(5) The following menials employed in the Government Medical Institutions are liable to contract illness in the performance of their duty. If the head of the office is satisfied that an illness has been contracted or aggravated through the discharge of their duty, they may be allowed half pay while it continues whether a substitute is paid or not ; but the period of leave on half pay shall not exceed six months in any one term of three years, whether the leave is taken in one period or by instalments; Dhobis, Barbers, Attendants, Ambulance Attendants, Lascars, Ayahs, Sweepers, Disinfecting Coolies, Cooks, Maties, Water-men and Women, Chauffeurs, or Ambulance Car Drivers, Drivers of Steam Laundries, Maistries and Assistant Maistries, Carpenters, Painters, Bricklayer and Mason, Tailors, Nursing Orderlies and Thoties.

Notes and notificationsగమనికలు 1

NOTIFICATIONS

1. Maternity Leave - Amendment - Issued

[G.O.Ms.No. 254, Fin. & Plg., (FW. FRI) Dept., Dt. 10-11-1995]

Ref. :—1. G.O.Ms.No. 384, Fin. & Plg. (FR.-I) Deptt., Dt. 5-11-1977.

G.O.Ms.No. 219, Fin. & Plg. (FR.-I) Deptt., Dt. 25-6-1984.

G.O.Ms.No. 291, Fin. & Plg. (FR.-I) Deptt., Dt. 13-8-1985.

ORDER :—In the G.Os. first and second read above, orders are issued to the effect that married female Govt. servants, temporary or permanent, may be granted maternity leave for a period of 90 days.

In the reference 4th read above, Government of India have restricted the grant of maternity leave to female Government servants with less than two surviving children.

Government after careful consideration, have decided that maternity leave in cases of confinement shall be granted to female Government servant with less than two surviving children.

Government hereby order that the competent authority may grant maternity leave on full pay to a married female Govt. servant for a period of 120 days subject to the condition that, it shall be granted to those with less than two surviving children.

These orders shall come into force with immediate effect.

The existing provision of grant of maternity leave not exceeding six weeks in cases of miscarriage (including abortion) and medical termination of pregnancy will continue without any change.

2. Special Provision in contract agreements for providing consolidated amount equal to 45 days of salary in lieu of Maternity Leave during the maternity leave period to the Women Employees appointed on Contract Basis.

(G.O.Rt. No. 197, W.D.C.W. & D.W., Dept., dated 14-05-2003)

Ref. :— From the Managing Director, APWCFC Ltd., Hyd., Lr. No. 2599/1. WCFC/ A1/02, Dated 22.06.2002.

Order :—In the letter read above, the Managing Director, A.P. Women's Co-operative Finance Corporation Limited, Hyderabad has reported that the Managing Committee of the Corporation in its meeting on 13.05.2002, has resolved to sanction maternity leave to all the women employees working in the Corporation and requested for issue of orders extending the facility of grant of 120 days maternity leave on par with Government Employees to the women employees working on a contract basis including consolidated pay in the corporation.

After careful examination of the proposal, Government hereby permit the Managing Director, A.P. Women's Cooperative Finance Corporation Limited and the Director, Women Development and Child Welfare to make a special provision in the contract agreement in respect of women employees providing for 45 days maternity leave and payment of consolidated amount equal to 45 days of salary during the maternity leave period.

3. Enhancement of Maternity Leave from 90 days to 120 days to the Female Teachers working in Aided Institutions – Orders – Issued.

[G.O. Ms. No. 69, School Education, dated 06-06-2003]

Ref. :- 1. G.O. Ms. No. 254, Fin. & Plg. (FW.FR.I) Dept., Dt. 10-11-1995.

From Commissioner and Director of School Education, Hyderabad
Letter Rc. No. 2627/D1-4/97, Dt. 01-04-2001.

Order :—Government have issued orders authorizing the competent authority to grant maternity leave as full pay in respect of Married Female Government Servants for a period of 120 days vide reference 1st read above, subject to the condition that it shall be provided to those with less than two surviving children.

The Commissioner and Director of School Education, Hyderabad has stated that the Teachers' Organizations are repeatedly demanding for extension of the benefit of 120 days on Maternity Leave to the Women Staff working in the aided Institutions. He has requested the Government to issue necessary orders extending the benefit of Maternity Leave from 90 days to 120 days to the Women Staff working in the aided Institutions also vide reference 2nd read above.

Government after careful examination, here by extend the benefit for enhancement of Maternity leave from 90 days to 120 days to the Female Teachers working in Aided Institutions on par with Female Government servants, subject to the condition that it shall be provided to those with less than two surviving children.

These orders shall come in to force with immediate effect.

4. Paternity Leave to Male Government Employees

(G.O. Ms. No. 231, Finance (FR.I) Dept., dated 16-9-2005)

Ref. :- G.O. Ms. No. 734, G.A (Spl.A) Department, dated 17-2-2004.

Order :—In the reference read above, Government have constituted Pay Revision Commission. Among other things, the Pay Revision Commission, 2005 has recommended for sanction of 15 days Paternity Leave to all the eligible persons and this have to be restricted to two children for a family.

Government have accepted the above recommendations of the Pay Revision Commission, 2005 and accordingly hereby order that the competent authority may grant paternity leave on full pay to married male Government employees, temporary or permanent, for a period of 15 days subject to the condition that it shall be granted to those with less than two surviving children.

These orders shall come into force with immediate effect.

Necessary amendments to the relevant rules will be issued separately.

*5. Abortion Leave – Certain Clarification – Issued.

(Cir. Memo. No. 2415/401/PR.I/2006, Fin. (FR.I) Dept., dated 01-07-2006)

*6. Maternity Leave to Married Women Government Servant Recommendations of Pay Revision Commission, 2010

(G.O.Ms. No. 152, Finance (FR.I) Dept., dated 4-5-2010)

*7. Special Leave to Women Government employees who undergo Hysterectomy operation for a period of 45 days as recommended by Civil Surgeon.

[G.O. Ms. No. 52, Finance (FR.I) Dept., dated 1-4-2011]

Also applies underవీటి కింద కూడా వర్తిస్తుంది

References: ordersఆధారాలు: ఉత్తర్వులు 5

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