Monday, November 17, 2014
7th CPC to visit to Hyderabad
The Commission, headed by its Chairman, Justice Shri A. K. Mathur, proposes to visit Hyderabad from 18th to 20th November, 2014. The Commission would like to invite various entities/associations/federations representing any/all categories of employees covered by the terms of reference of the Commission to present their views.
Your request for a meeting with the Commission may be sent through e-mail to the Secretary, 7th Central Pay Commission at secy-7cpc@nic.in. The memorandum already submitted by the requesting entity may also be sent as an attachment with this e-mail.
The last date for receiving request for meeting is 17th Nov. 2014 (1700 hours).
Can Central Govt Female Employees Opting for Surrogate Pregnancy Claim Maternity Leave?
Parenthood is a gift of god. Thanks to the development in medical sciences, childless couples can now opt for surrogate pregnancies. If women employees of Central Government organizations opt for surrogate pregnancies, can they claim maternity leave?
Women employees of Central Government establishments are given Maternity leave for a period of 180 days and male employees are given Paternity Leave for a period of 15 days if they choose to adopt babies. At present, there is no leave entitlements for parents of the surrogate child.
Let’s see what the Indian medical Research Council has to say about couples who choose to have babies through surrogate mothers.
Surrogacy: General Considerations
A child born through surrogacy must be adopted by the genetic (biological) parents unless they can establish through genetic (DNA) fingerprinting (of which the records will be maintained in the clinic) that the child is theirs.Guidelines for ART Clinics in India ICMR/NAMS
Surrogacy by assisted conception should normally be considered only for patients for whom it would be physically or medically impossible/undesirable to carry a baby to term.
Payments to surrogate mothers should cover all genuine expenses associated with the pregnancy. Documentary evidence of the financial arrangement for surrogacy must be available. The ART centre should not be involved in this monetary aspect.
Advertisements regarding surrogacy should not be made by the ART clinic. The responsibility of finding a surrogate mother, through advertisement or otherwise, should rest with the couple, or a semen bank.
A surrogate mother should not be over 45 years of age. Before accepting a woman as a possible surrogate for a particular couple’s child, the ART clinic must ensure (and put on record) that the woman satisfies all the testable criteria to go through a successful full-term pregnancy.
A relative, a known person, as well as a person unknown to the couple may act as a surrogate mother for the couple. In the case of a relative acting as a surrogate, the relative should belong to the same generation as the women desiring the surrogate.
A prospective surrogate mother must be tested for HIV and shown to be seronegative for this virus just before embryo transfer. She must also provide a written certificate that (a) she has not had a drug intravenously administered into her through a shared syringe, (b) she has not undergone blood transfusion; and (c) she and her husband (to the best of her/his
knowledge) has had no extramarital relationship in the last six months.
(This is to ensure that the person would not come up with symptoms of HIV infection during the period of surrogacy.) The prospective surrogate mother must also declare that she will not use drugs intravenously, and not undergo blood transfusion excepting of blood obtained through a certified blood bank.
No woman may act as a surrogate more then thrice in her lifetime.
Minister Can Even Appoint Paanwala as Secretary: HC
New Delhi: The Delhi High Court today said that the challenge to Centre’s circular on appointment of Secretaries by NDA ministers cannot be entertained as PIL and “a Minister can even appoint a paanwala” if he wants.
A bench of justices B.D Ahmed and S.Mridul directed the counsel for petitioner NGO Society for Voice of Human Rights and Justice to seek instructions and posted the matter for hearing on November 18.
“A minister can even appoint a paanwala as his secretary. This is not a post which is advertised. He may even opt for no secretary at all. Where is the right for consideration?
“There is no public injury in the case and hence this cannot be considered a PIL. It is a service matter. Prima facie, it is covered under the CAT Act. It has to be heard by the Tribunal,” the Bench said.
The HC also said that anybody, who is aggrieved, can file the petition.
“You are looking at the circular from very narrow point of view. There should be some person who is aggrieved. Let him (bureaucrat) come. Why are you shying away from approaching the CAT?,” it said.
The Counsel for NGO, however, said “there is a specific exclusion provided in the notification. This is an attempt to politicise the bureaucracy.”
The Narendra Modi government had on June 19 issued a circular that a person, who had been attached as a personal office staff with Union Minister for last 10 years, be not appointed by NDA Ministers.
Later, DoPT clarified that the circular was applicable to OSDs and Secretaries and not to junior office staffers.
The Court was hearing a PIL filed by Society for Voice of Human Rights and Justice challenging the June 19 circular.
DOPT ORDERS ON CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES
Consulting the Commission where such consultation is necessary. The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission to the Government servant, who shall be required to submit, if he so desires, his written representation or submission on the advice of the Commission, to the Disciplinary Authority within fifteen days; and
(e) recording a finding on each imputation or misconduct or misbehavior.”
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—Sec 3(i)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 31st October, 2014
G.S.R. 769(E).- In exercise of the powers conferred by the proviso co article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller und 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 (Classification, Control and Appel) rules 1965 namely—
1. (I) These rules may be called the Central Civil Services (Classification, Control and Appeal) (SecondAmendment) Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Classification. Control and Appeal) Rules, 1965 (hereinafter referred to as the said rules)
(a) In rule I5, for sub-rules 2A, 3 and 4, the following sub-rules shall be substituted, namely: —
3) (a) In every case where it ta necessary to consult the Commission, the Disciplinary Authority shall forward or cause to be forwarded to the Commission for its advice:
(i) a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and
(ii) comments of Disciplinary Authority on the representation of the Government servant on the Inquiry report and disagreement note, if any and all the cue records of the inquiry proceedings.
(b) The Disciplinary Authority shah forward or cause to be forwarded a copy of the advice of the Commission received under clause (a) to the Government savant, who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, on the advice of the Commission
(4) The Disciplinary Authority shall consider the representation under sub-rule (2) and/ or clause (b) of sub-rule (3), if any, submitted by the Government servant and record its findings before proceeding further in the matter as specified in sub-rules (5) and (6).
(5) If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion the any of the penalties specified in clauses (I) to (iv) of rule 11 should be imposed on the Government servant, it shall, notwithstanding anything contained in rule 16, make an order imposing such penalty.
(6) If the Disciplinary Authority having regard to its findings on ail or any of the articles of charge and on the basis of the evidence adduced during the inquiry Is of the opinion that any of the penalties specified in clauses (V) to (ix) of rule 11 should be imposed on the Government servant, it shall make an order imposing such penalty and it shall not be necessary to give the Government savant any opportunity of making representation on the penalty proponed to be imposed.”;
(b) In rule 16,—
(i) in sub-rule (I),-
(A) for the words, brackets and figure “sub-rule (3)”, the words, brackets and figure ‘sub-rule (5)” shall be substituted;
(B) for clauses (d) and (e), the following clauses shah be substituted; namely: —
“(d) Consulting the Commission where such consultation is necessary. The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission to the Government servant, who shall be required to submit, if he so desires, his written representation or submission on the advice of the Commission, to the Disciplinary Authority within fifteen days; and
(e) recording a finding on each imputation or misconduct or misbehavior.”
(ii) in sub-rule (2) for clauses (vi) and (vii), the following clauses shall be substituted,
“(vi) representation, if any, of the Government servant on the advice of the Commission:
(vii) the findings on each imputation of misconduct or misbehavior; and
(viii) the orders on the case together with the reasons therefor.;
(C) In rule 17, the words “and also a copy of the advice, if any, given by the Commission,” shall be deleted;
(d) In rule 19, in the second proviso, after the words “where such consultation ta necessary”, the words “and the Government servant has been given an opportunity of representing against the advice of the Commission.” shall be added;.
(e) In rule 27, in sub-rule (2), in the proviso, in clause (i) alter the words “where such consultation is necessary” the words “and the government servant has been given an opportunity of representing against the advice of the Commission,” shall be added:
(f) In rule 29, in sub-ruIe (1) in the first proviso, after the words “where such consultation is necessary”. the words“ and the Government servant has been given an opportunity of representing against the advice of the Commission shall be added:
(g) In rule 29-A, in the proviso, after the words “where such consultation is necessary”, the words “and the Government servant has been given an opportunity of representing against the advice of the Commission.” shall be added;
(h) In rule 32 shall be omitted.
[F. No. 11012/8/2011-Estt.(A)]
MAMTA KUNDRA, Jt. Secy.
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