Railway Services (Liberalised Leave) Rules, 1949 - Part 5A
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Railway Services (Liberalised Leave) Rules, 1949
Part - 5A
Special Kinds of Leave
551. Maternity leave:
(1) A female railway servant (Including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 90 days(now 135 days) from the date of its commencement. During such period she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(2) Total period of Maternity Leave on account of miscarriage/ abortion should be restricted to 45 days in the entire career of a female railway servant.
EXPLANATION:
The above amendment of Rule 551 of Indian Railway Establishment Code, Volume I (1985 Edition) has been incorporated with the President’s approval effective from 01/01/1989. Incorporation of this rule has been necessitated due to amendments made by the Department of Personnel & Training in the Central Civil Services (Leave) Rules, 1972 vide their notification No.11012/1/85-Estt(L) dated 06/06/1988 published in the Gazette of India on 18-06-1988. It is certified that retrospective effect given to these rules will not adversely affect any employee to whom this rule applies.
(3) (a) Maternity leave may be combined with leave of any other kind.
(b) Notwithstanding the provision in sub-rules of Rule 527 any leave (including commuted leave up to 60 days and leave not due) up to a maximum of 1 year, may, if applied for, in continuation of maternity leave be granted without the production of medical certificate.
EXPLANATION: The above amendments of Rules of Indian Railway Establishment Code, Volume I(1985 Edition) has been incorporated with the President’s approval effective from 01-01-1989. Incorporation of these Rules has been necessitated due to amendments made by the Department of Personnel & Training in the Central Civil Services(Leave) Rules,1972 vide their notification No. 11012/1/85 Estt(L) dated 6-6-1988 published in the Gazette of India on 18-06-1988. It is clarified that retrospective effect given to these rules will not adversely affect any employee to whom this rule applies.
(4) Leave in further continuation of leave granted under clause(b) of sub-rule(3) may be granted on production of a medical certificate for the illness of the female railway servant. Such leave may also be granted in case of illness of a newly born baby, subject to production of medical certificate to the effect that the condition of the ailing baby warrants mother's personal attention and that her presence by the baby's side is absolutely necessary.
(5) The maternity leave shall not be debited against the leave account.
Note: Abortion induced under the Medical Termination of Pregnancy Act 1971 shall also be considered as a case of abortion under sub-rule (2).
Refer: Sub- Rule 551(1) & 551(3) (b) amended vide Railway Board's letter No. E(P&A) I-86/CPC/LE-9 dated 27/01/1989 i.e. ACS-9/R-I. Sub- Rule 551(2) amended vide Railway Board's letter No. E(P&A) I-86/CPC/LE-9 dated 01-02-91 i.e. ACS-16/R-I. Sub-Rule 551(2) amended further Vide Railway Board's ltr. No. E(P&A) I-94/CPC/LE-6 dated 28-04-97 i.e. ACS-44/R-I.
Railway Board’s important letters on the subject of Maternity Leave and Paternity Leave:
No.(P&A) I-97/CPC/LE-6 dt. 10-11-1997
1. Consequent upon the decisions taken by the Govt. on the recommendations of the Fifth central Pay commsission relating to Maternity Leave and Paternity Leave , the President is pleased to decide that the existing provisions of the Liberalised Leave Rules,1949 may be treated as modified as follows in respect of railway employees:-
a) The existing ceiling of 90 days maternity leave provided in Rule 551(i) ibid shall be enhanced to 135 days.
b) A male railway servant (including an apprentice with les than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife.During the period of such leave , he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.Paternity Leave shall not be dbited against the leave account and may be combined with any other kind of leave as in the case of Maternity Leave). It may not normally be refused under any circumstances.
2. These orders take effect from the date the orders were issued by the Department of Personnel & tarining viz 7th October,1997.
3. In the light of paragraph 2 above, a female railway servant in whose case the period of 90 days of Maternity Leave has not expired on the said date shall also be entitled to the Maternity Leave of 135 days. Similarly, Paternity Leave to a male railway employee may also be allowed in the case his wife had given birh to the child on a date prior to 135 days from the date the orders were issued by the Department of Personnel & training viz. 7th October,1997.
(Please see No. E(P&A) I-97/CPC/LE-6 dated 03-04-98 for correction in the last line of the above referred letter)
No. 91/H(FW)/9/7
Clarification of Ministry of Personnel, Public Grievances and Pension: Female Railway Servants undergoing salpingectomy operation alongwith MTP will be entitled to six weeks(now 45 days) maternity leave. Such female Government servants who avail of this facility of maternity leave would not be entitled to additional 14 days of Special Casual Leave, as provided in their O.M. No. 28016/3/78-Estt(A) dated 6th August, 1979 circulated vide the Ministry of Railways’ circular No. 78/H(FW)/9/5 dated 17/01/1981.
No.(P&A) I-92/CPC/LE-3 dt. 04-12-1992
2. The President is pleased to decide that even in the case of adoptive mothers who are Railway employees , the facility of leave of the kind due and admissible not exceeding one year without production of Medical certificate as available to natural mother in accordance with Rule 551 of I.R.E.C. Vol. I, 1985 ed., may be extended subject to the following conditions:-
(i) The facility will not be available to an adoptive mother already having two living children at the time of adoption;
(ii) The maximum admissible period of one year’s leave of the kind due and admissible without production of Medical certificate will be reduced by the age of the child, as in the following illustrations:
- If the age of the adopted child is less than one month, leave up to one year may be allowed;
- If the age of the child is six months, leave up to six months may be allowed;
- If the age of the child is 9 months or more, leave up to three months may be allowed.
- Thus the child would have the mother’s individual attention for at least three months.
552. Special disability leave for injury intentionally inflicted:
(1) The authority competent to grant leave may grant special disability leave to a railway servant (whether permanent or temporary) who is disabled by injury intentionally inflicted or caused in, or in consequence of due performance of his official duty or in consequence of is official position.
(2) Such leave shall not be granted unless the disability manifested itself within 3 months of the occurrence to which it is attributed, and person disabled acted with due promptitude in bringing it to notice.
Provided that the authority competent to grant leave, if it is satisfied as to the cause of disability, may permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.
(3) The period of leave granted shall be such as is certified by the Authorised Medical Attendant of the Railway servant concerned to be necessary. It shall not be extended except on the certificate of that authority and shall in no case exceed 24 months.
(4) Such leave may be combined with leave of any other kind.
(5) Such leave may be granted more than once if the disability aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.
(6) Special disability leave shall be counted as duty in calculating service for pension and shall not except the leave granted under proviso to clause (b) of sub-rule (7) be debited against the leave account.
(7) Leave salary during such leave shall-
(a) for the first 120 days of any period of such leave, including a period of such leave granted under sub-rule (5) be equal to leave salary while on leave on average pay; and
(b) for the remaining period of any such leave, be equal to leave salary during half pay leave; Provided that a railway servant may, at his option be allowed leave salary as in sub rule(a) for period exceeding 120 days and in that event a period of such leave shall be debited to his half pay leave account.
(8) In the case of a person to whom the Workmen's Compensation Act, 1923 (18 of 1923) applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation under payable under section 4(1)(d) of the said act.
(9) The provision of this rule apply to a railway servant disabled in consequence of service with a Military force, if he is discharged as unfit for further military service, but is not completely in permanently incapacitated for further civil service and to a railway servant not so discharged who suffers a disability which is certified by a medical board to be directly attributable to his service with a Military force; but in either case, any period of leave granted to such a person under military rules in respect of that disability shall be reckoned as leave granted under this Rule for purpose of calculating the period admissible.
553. Special disability leave for accidental injury:
(1) The provisions of rule 552 shall apply also to a railway servant, whether permanent or temporary, who is disabled by injury accident incurred in, or in consequence of due performance of his official duties or in consequence of his official position or by illness incurred in the performance of any particular duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the post which he holds.
(2) The grant of special disability leave in such case shall be subject to the further conditions:-
(i) that the disability if due to disease must be certified by the Authorised Medical Attendant of the Railway servant concerned to be directly due to the performance of the particular duty;
(ii) that if the Railway servant has contracted such disability during service otherwise than with a military force, it must be in the opinion of the authority competent to sanction leave, exceptional in character; and
(iii) that the period of absence recommended by the Authorised Medical Attendant may be covered in part by leave under this rule and part by any other kind of leave, and that the amount of special disability leave granted on average pay shall not exceed 120 days.
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