Definition of "Child" under CCS Leave Rules

The Government of India (DOPT) has issued Notification amending the definition of the term "child" for the purpose of availing leave under CCS (Leave) Rules. As per the new note inserted, the term "Child" will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.

Full text of notification is reproduced below :

Government of India

Ministry of Personnel,Public Grievances and Pensions

Department of Personnel and Training

NOTIFICATION

New Delhi, the 4th April, 2012.

G.S.R…..- In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Consititution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Auditor and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) (Third Amendment) Rules, 2012. (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to as the said rules), in rules 43-AA, the existing "Note" shall be numbered as "Note I" and after Note I as so renumbered, the following note shall be inserted, namely :-

Note 2:- "Child" for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child".

3. In the said rules, in rule 43-B, the following note shall be inserted, namely:

‘Note :- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal Law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child".

F.No 13026/5/2011-Estt.(L)

sd/- (Mamta Kundra)

Joint Secretary to the Government of India