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Child Care Leave (CCL) to Railway servant having disabled children

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Circular Info
Railway Board Letter No: 
E[P&A]I-2008/CPC/LE-8 dated 23.04.2010
Date: 
23/04/2010
RBE No: 
58/2010
Circular Subject: 
Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission – Child Care Leave –Waiving of age restriction of 18 years for Government servant having mentally challenged/disabled children

1.            Please refer to Board’s letter of even number dated 23.10.2008 and 12.12.2008 regarding grant of Child Care Leave [CCL].

 

2.         Consequent upon the decision taken by the Government, the Ministry of Railways have decided to permit CCL to female railway employees having disabled children up to the age of 22 years for a maximum period of two years [i.e.730 days] subject to the other terms and conditions stipulated in Board’s above referred letters.  However, it is reiterated that CCL cannot be demanded as a matter of right and under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning Authority. 

 

3.         Disabled Child having a minimum disability of 40% is elaborated in the Ministry of Social Justice  and Empowerment’s Notification No.16-18/97-NI.I dated 01.06.2001 [copy enclosed].  Documents relating to the handicap as specified in the above said Notification dated 1.6.2001, as well as a certificate from the Railway servant regarding dependency of the child on the railway servant would have to be submitted by the female railway employee.   The CCL would be permitted to female railway employees only if the child is dependent on them.

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

***

 

Copy of Extract of the Notification No.16-18/97-NI.I dtd. 01.06.2001 issued by the Ministry of Social Justice  & Empowerment

 

Sub: Guidelines for evaluation of various disabilities and procedure for certification.

 

No.16-18/97-NI.I :  In order to review the guidelines for evaluation of various disabilities and procedure for certification as given in the Ministry of Welfare’s O.M. No.4-2/83-HW.III, dated the 6th August, 1986 and to recommend appropriate modifications/alterations keeping in view the Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995, Government of India in Ministry of Social Justice and Empowerment, vide Order No. 16-18/97-NI.I dated 28.8.98, set up four committees under the Chairmanship of Director General of Health Services –one each in the area of mental retardation, Locomotor /Orthopaedic disability, Visual disability and Speech & Hearing disability.  Subsequently, another  Committee was also constituted on 21.7.1999 for evaluation, assessment of multiple disabilities and categorization and extent of disability and procedure for certification.

 

2.         After having considered  the reports of these committees the undersigned is directed to convey the approval of the President to notify the guidelines for evaluation of following disabilities and procedure for certification:

 

Visual impairment

Locomotor / Orthopaedic disability

Speech & hearing disability

Mental retardation.

 

Copy of the Report is enclosed herewith as Annexure*.

 

3.         The minimum degree of disability should be 40% in order to be eligible for any concessions/ benefits.

 

4.         According to the Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Rules, 1996 notified by the Central Government in exercise of the powers conferred by sub-section [1] and [2] of section 73 of the Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995 [1 of 1996],  authorities to give disability Certificate  will be a Medical Board duly constituted by the Central and the State Government.  The State Government may constitute a Medical Board consisting of at least three members out of which at least one shall be a specialist in the particular field for assessing  locomotor /Visual including low vision/hearing and speech disability, mental retardation and leprosy cured, as the case may be.

 

5.         Specified test as indicated in Annexure*  should be conducted by the medical board and recorded before a certificate is given.

 

6.         The certificate would be valid for a period of five years for those whose disability is temporary and are below the age of 18 years.  For those who acquire permanent disability, the validity can be shown as ‘Permanent’.

 

7.         The State Govt./UT Admn. may constitute the medical boards indicated in para 4 above immediately, if not done so far.

 

8.         The Director General of Health Services, Ministry of Health and Family Welfare will be the final authority, should there arise any controversy/doubt regarding the interpretation of the definitions /classifications/evaluations/ tests etc.                                             

                                                                                                              Sd/-

                                                                                                      [Gauri Chatterji]

                                                                                         Jt. Secy. to the Government of India

NOTE

 

*The Annexure mentioned above  may please be seen from the Ministry of Social Justice and Empowerment Notification. 

 

 

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