This notification details amendments to the Central Civil Services (Leave) Rules, 1972, specifically concerning Child Adoption Leave for female government servants. It outlines the eligibility criteria – fewer than two surviving children and adoption of a child under one year of age – and grants a 135-day leave period with full pay. The leave can be combined with other types of leave. The rules also address scenarios where the child is older than one year, allowing for a reduced leave period based on the child’s age at the time of adoption, up to a maximum of one year. It clarifies that this leave will not be debited against the employee’s regular leave account and specifies consultation with the Comptroller and Auditor General of India for those serving in the Indian Audit and Accounts Department. The notification also includes a list of previously published rules related to leave and a distribution list for the communication.
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(TO BE PUBLISHED IN PART II, SECTION-3, SUB-SECTION (i) OF THE GAZETTE OF INDIA)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING
New Delhi, the 31st March, 2006
NOTIFICATION
G.S.R.- In exercise of the power conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-
- (1) These rules may be called the Central Civil Services (Leave) Amendment Rules, 2006.
(2) They shall come into force on the date of their publication in the Official Gazette. - In the Central Civil Services (Leave) Rules, 1972, for rule $43-\mathrm{B}$, the following shall be substituted, namely:-
43-B. Child Adoption Leave – (1) A female Government servant, with fewer than two surviving children, on valid adoption of a child below the age of one year may be granted child adoption leave, by an authority competent to grant leave, for a period of 135 days immediately after the date of valid adoption.
(2) During the period of child adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) (a) Child adoption leave may be combined with leave of any other kind.(b) In continuation of the child adoption leave granted under sub-rule (1), a female Government servant on valid adoption of a child may also be granted, if applied for, leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period upto one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave. Provided that this facility shall not be admissible in case she is already having two surviving children at the time of adoption.
(4) Child adoption leave shall not be debited against the leave account.
[F.No.13018/4/2004-Estt. (Leave)]
(4)Note.- The principal rules were published in the Gazette of India part II, Section 3, Sub-section(1) vide number S.O. 940 dated the $8^{\text {th }}$ April, 1972 and subsequently amended by –
| Sl. No. | Number and date of Notification | Particulars of Gazette Notification Number and Date |
|---|---|---|
| 1. | F.16(3)E.IV(A)/71 dated the $11^{\text {th }}$ January, 1972 | GSR 3724 dated the $4^{\text {th }}$ November, 1972 |
| 2. | F.4(7)E.IV(A)/72 dated the $30^{\text {th }}$ April, 1973 | GSR1399 dated the $19^{\text {th }}$ May, 1973 |
| 3. | F.5(14)E.IV(A)/73 dated the $13^{\text {th }}$ July, 1973 | GSR 821 dated the $4^{\text {th }}$ August, 1973 |
| 4. | F.14(10)E.IV(A)/73 dated the $11^{\text {th }}$ June, 1974 | GSR Not readily available |
| 5. | F.5(8)E.IV(A)/73 dated the $19^{\text {th }}$ July, 1974 | GSR 818 dated the $23^{\text {rd }}$ August, 1974 |
| 6. | F.14(8)E.IV(A)/74 dated the $2^{\text {nd }}$ Novembr, 1974 | GSR 1242 dated the $23^{\text {rd }}$ November, 1974 |
| 7. | F.16(3)E.IV(A)/74 dated the $20^{\text {th }}$ December, 1974 | GSR 1374 dated the $28^{\text {th }}$ December, 1974 |
| 8. | F.16(5)E.IV(A)/74 dated the $11^{\text {th }}$ April, 1975 | GSR 520 dated the $26^{\text {th }}$ April, 1975 |
| 9. | F.16(8)E.IV(A)/74 dated the $26^{\text {th }}$ May, 1974 | GSR 686 dated the $7^{\text {th }}$ June, 1975 |
| 10. | F.4(1)E.IV(A)/74 dated the $24^{\text {th }}$ June, 1975 | GSR 834 dated the $12^{\text {th }}$ July, 1975 |
| 11. | F.16(5)E.IV(A)/74 dated the $20^{\text {th }}$ September, 1975 | GSR 287 dated the $27^{\text {th }}$ December, 1975 |
| 12. | F.5(7)E.IV(A)/75 dated the $2^{\text {nd }}$ December, 1975 | GSR 2877 dated the $27^{\text {th }}$ December, 1975 |
| 13. | F.5(16)E.IV(A)/73 dated the $15^{\text {th }}$ January, 1976 | GSR Not readily available |
| 14. | F.16(6)E.IV(A)/74 dated the $31^{\text {st }}$ July, 1976 | GSR 1184 dated the $14^{\text {th }}$ August, 1976 |
| 15. | F.6(3)E.IV(A)/75 dated the $7^{\text {th }}$ October, 1976 | GSR 1587 dated the $13^{\text {th }}$ November, 1976 |
| 16. | F.4(9)E.IV(A)/76 dated the $14^{\text {th }}$ March, 1977 | GSR 611 dated the $14^{\text {th }}$ May, 1977 |
| 17. | F.14(11)E.IV(A)/76 dated $12^{\text {th }}$ September, 1978 | GSR 1159 dated the $23^{\text {rd }}$ September, 1978 |
| 18. | F.14025/1/78E.IV(A) dated the $4^{\text {th }}$ October, 1978 | GSR 1255 dated the $21^{\text {st }}$ Oct., 1978 |
| 19. | F.13024/1/78E.IV(A) dated the $29^{\text {th }}$ Aug., 1979 | GSR 1150 dated the $15^{\text {th }}$ September, 1979 |
| 20. | F.11012/1/77E.IV(A) dated $21^{\text {st }}$ Nov., 1979 | GSR 1422 dated the $1^{\text {st }}$ December, 1979 |
| 21. | F.14018/1/80-LU dated the $25^{\text {th }}$ November, 1980 | GSR 1260 dated the $13^{\text {th }}$ December, 1980 |
| 22. | F.16(9)E.IV(A)/76 dated the $31^{\text {st }}$ December, 1980 | GSR 263 dated the $24^{\text {th }}$ January, 1981 |
| 23. | F.11012/2/80-Estt.(L) dated the $24^{\text {th }}$ August, 1981 | GSR 811 dated the $5^{\text {th }}$ September, 1981 |
| 24. | F.14028/9/80-Estt.(L) dated the $1^{\text {st }}$ October, 1981 | GSR 927 dated the $17^{\text {th }}$ October, 1981 |
| 25. | F.14025/9/81-Estt.(L) dated $16^{\text {th }}$ April, 1982 | GSR 423 dated the $8^{\text {th }}$ May, 1982 |
| 26. | F.13023/1/82-Estt.(L) dated $16^{\text {th }}$ April, 1983 | GSR 430 dated the $4^{\text {th }}$ June, 1983 |
| 27. | F.14028/8/82-Estt.(L) dated $27^{\text {th }}$ July, 1983 | GSR 589 dated the $13^{\text {th }}$ August, 1983 |
| 28. | F.13023/2/81-Estt.(L) dated the $12^{\text {th }}$ October, 1983 | GSR 804 dated the $5^{\text {th }}$ November, 1983 |
| 29. | F.14028/6/81-Estt.(L) dated the $17^{\text {th }}$ October, 1983 | GSR 350 dated the $24^{\text {th }}$ March, 1983 |
| 30. | F.13015/11/82-Estt.(L) dated the $25^{\text {th }}$ May, 1984 | GSR 566 dated the $9^{\text {th }}$ June, 1984 |
| 31. | F.18011/3/80-Estt.(L) dated the $12^{\text {th }}$ July, 1984 | GSR 788 dated the $28^{\text {th }}$ July, 1984 |
| 32. | F.14028/1/81-Estt.(L) dated the $19^{\text {th }}$ July, 1984 | GSR 817 dated the $4^{\text {th }}$ August, 1984 |
| 33. | F.14028/16/82-Estt.(L) dated the $31^{\text {st }}$ May, 1985 | GSR 558 dated $14^{\text {th }}$ December, 1986 |
| 34. | F.13014/1/85-Estt.(L) dated the $3^{\text {rd }}$ December, 1985 | GSR 1139 dated the $14^{\text {th }}$ December, 1985 |
| 35. | F.14028/19/86-Estt(L) dated the $9^{\text {th }}$ December, 1986 | GSR 1072 dated the $20^{\text {th }}$ December, 1986 |
| 36. | F.13023/20/84-Estt(L) dated the $11^{\text {th }}$ December, 1986 | GSR 1102 dated the $27^{\text {th }}$ December, 1986 |
| 37. | F.13014/1/87-Estt.(L) dated the $17^{\text {th }}$ June, 1987 | GSR 515 dated the $4^{\text {th }}$ July, 1987 |
| 38. | F.11012/1/85-Estt.(L) dated the $23^{\text {rd }}$ June, 1987 | GSR 516 dated the $4^{\text {th }}$ July, 1987 |
| 39. | F.14018/18/86-Estt.(L) dated the $23^{\text {rd }}$ March, 1988 | GSR 260 dated the $9^{\text {th }}$ April, 1988 |
| 40. | F.11012/1/85-Estt.(L) dated the $6^{\text {th }}$ June, 1988 | GSR 476 dated the $18^{\text {th }}$ June, 1988 |
| 41. | F.13012/12/86-Estt.(L) dated $10^{\text {th }}$ March, 1989 | GSR 198 dated the $25^{\text {th }}$ March, 1989 |
| 42. | F.13026/2/90-Estt.(L) dated the $22^{\text {nd }}$ October, 1990 | GSR 055 dated the $26^{\text {th }}$ January, 1991 |
| 43. | F.11014/3/89-Estt.(L) dated the $2^{\text {nd }}$ May, 1991 | GSR 303 dated the $18^{\text {th }}$ May, 1991 |
| 44. | F.11014/3/89-Estt.(L) dated the $21^{\text {st }}$ Jan., 1992 | GSR 49 dated the $8^{\text {th }}$ February, 1992 || 45. | F.13026/2/90-Estt.(L) dated the 4th March,1992 | GSR 119 dated the 14th March, 1992 |
| — | — | — |
| 6. | F.13026/2/90-Estt.(L) dated the 20th April,1993 | GSR 225 dated the 8th May, 1993 |
| 47. | F.13018/7/94-Estt.(L) dated the 31st March,1995 | GSR 317(E) dated the 31st March, 1995 |
| 48. | F.14028/10/91-Estt.(L) dated the 8th August,1995 | GSR 385 dated the 19th August, 1995 |
| 49. | F.14028/4/91-Estt.(L) dated the 18th Sept.,1995 | GSR 442 dated the 7th October, 1995 |
| 50. | F.14015/2/97-Estt.(L) dated the 31st Dec.,1995 | GSR 727(E) dated the 31st December, 1997 |
| 51. | F.13026/1/99-Estt.(L) dated the 18th April,2002 | GSR 149 dated the 27th April, 2002 |
| 52. | F.13026/1/02-Estt.(L) dated the 16th January, 2004 | GSR 186 dated the 5th June, 2004 |
| 53. | F.14028/1/2004-Estt.(L) dated the 13th Feb., 2006 | GSR under printing |
(S. Meenakshisundaram)
Deputy Secretary to the Government of India
To
The Manager,
Government of India Press,
Mayapuri, Ring Road,
New Delhi – 64Copyright 1999 No.13018/4/2004-Estt.(Leave) New Delhi, 31st March, 2006
Copy also forwarded to:-
1. All Ministries/Department of the Govt. of India.
2. Office of the Comptroller & Auditor General of India.
3. O/of the Controller General of Accounts, Ministry of Finance.
4. Secretaries to Union Public Service Commission/Supreme Court of India/Lok Sabha Sectt./Rajya Sabha Sectt./Cabinet Sectt./Central Vigilance Commission/President’s Sectt./Vice-President’s Sectt./Prime Minister’s Office/Planning Commission/Central Information Commission.
5. All State Governments and Union Territories.
6. Governors of all States/St. Governors of all Union Territories.
7. Secretary, National Council of JCM (Staff Side), 13-C, Feroz Shah Road, New Delhi.
8. All Members of the Staff Side of the National Council of JCM/Departmental Council.
9. All Officers/Sections of the Department of Personnel & Training/Department of Administrative Reforms & Public Grievances/Department of Pension & Pensioners Welfare/PESB.
10. Ministry of Finance, Deptt. of Expenditure, with reference to their U.O.No.45/EV/2006 dated 31.1.2006.
11. Official Language Wing (Legislative Deptt.), Bhagwan Das Road, New Delhi.
12. Railway Board, New Delhi.
13. 300 spare copies.
(S. MEENAKSHISUNDARAM)
DEPUTY SECRETARY TO THE GOVT. OF INDIA# No.13018/4/2004-Estt.(L)
Government of India
Ministry of Personnel, P.G. \& Pensions
Department of Personnel \& Training
New Delhi, the 31st March, 2006
OFFICE MEMORANDUM
Sub: Grant of Child Adoption Leave for 135 days to the female Govt. servants on adoption of a child upto one year of age –
The undersigned is directed to refer to this Department’s OM No.13018/4/89-Estt.(L) dated 25th October, 1989 regarding grant of leave to female Govt. servants on adoption of a child and to say that on having considered the justifications given by the Association of Adoptive Parents (ATMAJA) and the views of the Ministry of Health \& Family Welfare as well as those of the Department of Women \& Child Development, it has been decided to extend the benefit of leave for 135 days to the adoptive mothers with fewer than two surviving children as ‘Child Adoption Leave’ on adoption of a child upto one year of age, on the lines of maternity leave admissible to natural mothers.
2. During the period of Child Adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
3. Child Adoption leave may be combined with leave of any other kind.
4. In continuation of ‘Child Adoption leave’, the adoptive mothers may also be granted, if applied for, leave of the kind due and admissible (including Leave not due and Commuted leave not exceeding 60 (sixty) days without production of Medical certificate)for a period upto one year reduced by the age of the adopted child on the date of legal adoption without taking into account the period of Child Adoption leave, subject to the following conditions.
(i) This facility shall not be admissible to an adoptive mother already having two surviving children at the time of adoption.
(ii) The maximum period of one year leave of the kind due \& admissible (including Leave not due and Commuted leave upto 60 days without production of Medical certificate) will be reduced by the age of the child on the date of adoption without taking into account Child Adoption leave as in following illustrations:
- if the age of the adopted child is less than one month on the date of adoption leave upto one year may be allowed.
- If the age of child is six months and above but less than seven months, leave upto 6 months may be allowed.
- If the age of the child is 9 months and above but less than ten months, leave upto 3 months may be allowed.
- Child Adoption leave shall not be debited against the leave account
- So far as persons serving in the Indian Audit \& Accounts Departments are concerned, these orders are being issued after consultation with the C\&AG of India.
- Relevant rule is being incorporated/amended.
- These orders will have effect from the date of issue.
- Hindi version will follow.
To
(S. Meenakshisundaram)
Deputy Secretary to the Govt. of India
All the Ministries/Departments of the Govt. of India etc.Copy also forwarded to:-
- Office of the Comptroller \& Auditor General of India.
- Office of the Controller General of Accounts, Ministry of Finance.
- Secretaries to Union Public Service Commission/Supreme Court of India/Lok Sabha Sectt./Rajya Sabha Sectt./Cabinet Sectt./Central Vigilance Commission/President’s Sectt./VicePresident’s Sectt./Prime Minister’s Office/Planning Commission/Central Information Commission.
- All State Governments and Union Territories.
- Governors of all States/Lt. Governors of all Union Territories.
- Secretary, National Council of JCM (Staff Side), 13-C, Feroz Shah Road, New Delhi.
- All Members of the Staff Side of the National Council of JCM/Departmental Council.
- All Officers/Sections of the Department of Personnel \& Training/Department of Administrative Reforms \& Public Grievances/Department of Pension \& Pensioners Welfare/PESB.
- Ministry of Finance, Deptt. of Expenditure, with reference to their U.O.No.45/EV/2006 dated 31.1.2006.
- Official Language Wing (Legislative Deptt.), Bhagwan Das Road, New Delhi.
- Railway Board, New Delhi.
- 300 spare copies.
(S. MEENAKSHISUNDARAM)
DEPUTY SECRETARY TO THE GOVT. OF INDIA