Maharashtra Civil Services (Leave) (Amendments) Rules, 2025

[28th January 2025]

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Maharashtra is hereby pleased to make the following rules further to amend the Maharashtra Civil Services (Leave) Rules, 1981, namely:-

Rule 1.

These rules may be called the Maharashtra Civil Services (Leave) (Amendments) Rules, 2025.

Rule 2.

In the Maharashtra Civil Services (Leave) Rules, 1981(hereinafter referred to as "the principal Rules"), for the word "Bombay" wherever it occurs, the word "Mumbai" shall be substituted.

Rule 3.

In rule 3 of the principal Rules, for the word "Government" the word "Finance Department" shall be substituted.

Rule 4.

In rule 7 of the principal Rules, for the words "that Department" the words "the Finance Department" shall be substituted.

Rule 5.

In rule 15 of the principal Rules, after the Explanation, following Note-1 and Note-2 shall be added, namely:--

"Note-1-The permission to prefix and suffix any number of Saturdays, Sundays and/or public holidays to casual leave and to interpose a holiday or a series of holidays between the period of casual leave allowed. The total period of casual leave and holidays enjoyed in continuation at onetime should not exceed seven days, in exceptional circumstances it may be extended upto ten days.

Note-2-Only eight casual leaves are allowed in one calendar year.".

Rule 6.

For rule 16 of the principal Rules, the following rule shall be substituted, namely:-

"16. Maximum amount of continuous leave.-

(1)     No Government servant shall be granted leave of any kind for a continuous period exceeding five years.

(2)     Unless the Finance Department, in view of the exceptional circumstances of the case, otherwise determines, a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Government service:

Provided that, a reasonable opportunity to explain the reasons for such absence shall be given to the Government servant before provisions of sub-rule (2) are invoked.

Explanation.-A reasonable opportunity means, a notice by R.P.A.D. or electronically to the concerned Government Servant and the concerned Government servant has to submit his reply within thirty days from the date of receipt of notice by R.P.A.D. or electronically.".

Rule 7.

For rule 18 of the principal Rules, the following shall be substituted, namely:-

"18. Application of rules while on temporary transfer to other Government on deputation or on foreign service.-

(1)     Government servants to whom these rules apply shall continue to be governed by these rules while on temporary transfer on deputation to the Central Government or any other State Government,

(2)     A Government servant on deputation in India should submit his application for leave for a period not exceeding 120 days to his employer. If the period is in excess of 120 days, he should submit the application through his employer to the authority, competent to grant the leave.

(3)     A Government servant on deputation in India may be granted by his employer leave for a period not exceeding 120 days, provided that it is certified by the Head of the Office of the concerned Government servant, to be admissible. Leave of longer duration may be granted by the authority who sanctions the transfer.

(4)     A Government servant working in foreign service in India, shall not be granted leave except as per the rules applicable to the services he belongs and he shall not be entitled to leave unless he is relieved and not entitled to leave salary unless he proceeds on leave.

(5)     (a) The employer, as per the condition prescribed by him, shall grant leave to the Government servant who is posted out of India. In specific cases, the Appointing Authority, shall decide with prior consultation to the employer, the condition on which leave shall be granted. The leave salary shall be paid by the employer who sanctioned the leave and that leave shall not be debited to his leave account.

(b) In specific case, the Competent Authority, who sanctioned posting in foreign service, shall arrange with the employer of foreign service and if that employer is willing to contribute as per the rates prescribed in Appendix - IV of the Maharashtra Civil Services (Joining Time, Foreign Services and Payments during Suspension, Dismissal and Removal) Rules, 1981 leave salary contribution in the account of Consolidated Funds of State, then he shall sanction the leave to the Government servant as per the rules applicable to him.".

Rule 8.

In rule 19 of the principal Rules,-

(i)       in the title, for the words "to be certified by Audit Officer" the words "or on deputation to be certified by Head of the Office" shall be substituted and shall be deemed to have been substituted with effect from the 1st January 1990;

(ii)      after the words "foreign service" the words "or on deputation" shall be inserted;

(iii)     for the words "Audit Officer" the words "Head of Office of that Government Servant" shall be substituted and shall be deemed to have been substituted with effect from the 1st January 1990.

Rule 9.

In rule 20 of the principal Rules,-

(i)       in sub-rule (3),-

(a)      in clause (a), for the words "compulsory retirement" the word "superannuation" shall be substituted;

(b)      in clause (b), for the words "compulsory retirement" the word "superannuation" shall be substituted;

(ii)      in sub-rule (5), in clause (a), for the words "compulsory retirement" the word "superannuation" shall be substituted.

Rule 10.

In rule 25 of the principal Rules, sub-rule (1), shall be deleted and shall be deemed to have been deleted with effect from the 1st January 1990.

Rule 11.

In rule 26 of the principal Rules, in sub-rule (3), clause (c) shall be deleted and shall be deemed to have been deleted with effect from the 1st January 1990.

Rule 12.

Rule 28 of the principal Rules shall be deleted and shall be deemed to have been deleted with effect from the 1st January 1990.

Rule 13.

In rule 29 of the principal Rules, the words "on receipt of the report referred to in rule 28" shall be deleted and shall be deemed to have been deleted with effect from the 1st January 1990.

Rule 14.

In rule 30 of the principal Rules, for clauses (a), (b) and (c) the following clauses shall be substituted, namely:-

"(a) In cases where a leave has already been sanctioned by a Department/Office and the Government servant concerned is transferred to another Department/Office where he has to join on expiry of the leave, the responsibility to issue of formal orders sanctioning leave and the payment of leave salary for the period upto leave sanctioned to him, shall devolve on the Department/ Office from which he is transferred.

He has to join the new Department/Office after the period of leave sanctioned by previous Department/Office. If he wants to apply for extension of leave then process of sanctioning extended leave has to be done by new Department/Office, where he is transferred.

If Government servant remains absent without joining new Department/Office, then that period will be treated as unauthorised leave and accordingly the action will be initiated against him.

(b)   In case Government servant on leave is transferred and he has applied/not applied for leave to the Department/Office, then that original Department/Office should inform new Department/Office that he is on leave and he has applied/not applied. Similarly Government servant also should inform to new Department/Office about his leave. If he remains on leave without intimation to his original Department/Office and joins to new Department/Office after the date upto which he has informed to original Department/Office about leave, the period of extended leave without informing to original Department/Office will be considered as unauthorised leave and accordingly action will be initiated against him.

(c)   In case if a Government servant is on leave and he has not applied for leave and he is transferred meanwhile, then he should join original Department/Office instead of new Department/Office. After he is relieved by original Department/Office, he should join the place where he is transferred. His leave without intimation in original Department/Office will be considered as unauthorised leave.".

Rule 15.

For rule 34 of the principal Rules, the following rule shall be substituted, namely:-

"34. Appearance before Medical Board.-

(1)     There shall be sixteen Medical Boards for concerned districts (or as amended from time to time) as mentioned in Appendix-X, for medical examination of the candidates who are selected for the State Government Service as per the provisions of Maharashtra Civil Services Rules.

(2)     Group "A" and Group "B" Government servants shall be examined by the Medical Board.

(3)     Group "C" and Group "D" Government servants shall be examined by the District Civil Surgeon. District Civil Surgeon may refer the candidate to the Medical Board if he feels, opinion of the Medical Board is required.".

Rule 16.

In rule 35 of the principal Rules,-

(i)       in sub-rule (1), for the words "the Civil Surgeon of the concerned district or the Superintendent of St. Georges or J.J Hospitals, Bombay" the words "the Chairman of Medical Board or Civil Surgeon of the concerned district or the Superintendent of Hospital" shall be substituted;

(ii)      in sub-rule (2), for the words "before one of the Boards" the words "before the Board" shall be substituted.

Rule 17.

For rule 36 of the principal Rules, the following shall be substituted, namely:-

"36. Medical Board consist of.-

The Board referred to in rule 34, shall consist of three qualified medical practitioners, of whom one shall be the Dean or Medical Superintendent, Government Medical College, who shall also be the Chairman. For medical examination of female candidate there shall be one female medical officer of Group A shall be the member of the Board, if such female medical officer is not a member then the additional female medical officer of Group A shall be appointed as additional member. The Medical Board shall follow the procedure prescribed under the rules and the guidelines prescribed from time to time under Chapter-19 of the Maharashtra Civil Medical Code, Part I and powers are limited to their districts except sub-rule (1) of rule 35.".

Rule 18.

In rule 37 of the principal Rules, for the words "by the Medical Board, the Civil Surgeon or Superintendent/Dean of St. Georges Hospital" the words "or regularly to be examined, by the Chairman, Medical Board or District Civil Surgeon or Superintendent, Gokuldas Tejpal Hospital, Mumbai" shall be substituted.

Rule 19.

In rule 38 of the principal Rules, for the words "District Medical Officer" at both the places where it occurs, the words "District Health Officer" shall be substituted.

Rule 20.

In rule 40 of the principal Rules,-

(i)       in sub-rule (1), for the words "medical opinion," the words "opinion of Medical expert" shall be substituted;

(ii)      in sub-rule (2), for the words "Civil Surgeon" the words "Chairman, Medical Board or Civil Surgeon" shall be substituted;

(iii)     in sub-rule (5), for the words "District Medical Officer" the words "District Health Officer" shall be substituted.

Rule 21.

In rule 42 of the principal Rules,-

(i)       in the title for the word and letters "Class IV" the word and letter "Group D" shall be substituted;

(ii)      for the word and letters "Class IV" the word and letter "Group D" shall be substituted.

Rule 22.

In rule 47 of the principal Rules, -

(i)       in sub-rule (3), for clause (a), the following shall be substituted:

"(a) A Government servant who has been granted leave on medical ground, after submission of medical certificate of Registered Medical Practitioner shall be allowed to join and medical certificate of fitness in Form-5 in Appendix-V should be obtained from Medical Board. After receiving certificate from Medical Board decision regarding medical leave shall be taken.";

(ii)      in Note 1, after the words "fitness certificate" the words "issued by the Chairman, Medical Board or District Civil Surgeon" shall be inserted.

Rule 23.

In rule 49 of the principal Rules, for the words "excluding Sundays and holidays" the words "including Saturdays/Sundays and holidays" shall be substituted.

Rule 24.

In rule 50 of the principal Rules, in sub-rule (3), for the words and letters "Class I or Class II" the words and letters "Group A or Group B" shall be substituted.

Rule 25.

In rule 51 of the principal Rules, in sub-rule (2), for clause (b), the following clause shall be substituted and shall be deemed to have been substituted with effect from the 11th October 2011, namely:-

"(b) (i) When a Government servant is removed or dismissed from service, earned leave shall be credited to his account at the rate of 2-1/2 days per completed calendar month upto the end of the calendar month preceding the calendar month in which he is removed or dismissed from service.

(ii) When a Government servant dies while in service, the earned leave shall be credited at the rate of 2-1/2 days per completed calendar month till his death.".

Rule 26.

In rule 54 of the principal Rules, in sub-rule (2), in clause (a), after the words "full vacation" the words "however, encashment of that leave is not allowed" shall be added.

Rule 27.

In rule 56 of the principal Rules, for the words "Audit Officer" the words "Head of Office" shall be substituted and shall be deemed to have been substituted with effect from the 1st January 1990.

Rule 28.

In rule 60 of the principal Rules, in sub-rule (1), in clause (a), for sub-clause (iv), the following shall be substituted and shall be deemed to have been substituted with effect from the 11th October 2011, namely:-

"(iv) (a) When a Government servant is removed or dismissed from service, the half pay leave shall be credited in his account at the rate of 5/3 days per completed calendar month upto the end of the calendar month preceding the calendar month in which he is removed ordismissed from the service.

(b) When a Government servant died while in service, the half pay leave shall be credited in his account at the rate of 5/3 days per completed calendar month till his death.".

Rule 29.

In rule 61 of the principal Rules, after sub-rule (3), after proviso, the following sub-rule (4) and clause (a) shall be added and shall be deemed to have been added, with effect from the 27th June 2003 and clause (b) shall be added with effect from the 3rd February 2004, namely:-

"(4)  (a) If a Government servant is participating in the training of 10 days Vipasyana conducted by Vipasyana Research Institute, Dhammgiri, District Nashik in the centers of the State of Maharashtra;

(b) if a Government servant is participating in the training of 10 days Yogavidya conducted by the Kaivalyadham, Lonawala at Lonawala and Mumbai,- Commuted leave maximum of 14 days at one time, may be granted without medical certificate to a Government servant on the following conditions,-

(i)       such leave may be granted one time in a three years and maximum upto six times during his entire service;

(ii)      the Government servant shall submit the photo copies of admission letter of the concerned center along with leave application and while joining the services he has to submit the joining report along with certificate of concerned center;

(iii)     the cost of the training will be borne by the concerned Government servant,

(iv)    leave cannot be claimed as of right.".

Rule 30.

In rule 64 of the principal Rules, after sub-rule (2), after note, the following proviso shall be added:-

"Provided that, for Probationary Officers under Combined Probationary Training Programme no leave (except casual leave) will be sanctioned during complete probation and training period:

Further provided that,-

(1)     In case of exceptional circumstances and unavoidable reasons, (due and admissible) Earned leave/ Half-pay leave will be sanctioned to Probationary Officers with the prior sanction of competent authority. But the total period of such leave will not exceed more than 30 days during the complete probation and training period.

(2)     Probationary lady officer, will be sanctioned maximum 180 days maternity leave during complete probation and training period.

(3)     In case of serious illness/ accident, Probationary Officer will be sanctioned (due and admissible) Earned leave/ Half pay leave/ Commuted leave/ Extra ordinary Leave for the period recommended by the Medical Board.

(4)     For Probationary Officers of cadre Deputy Superintendent/ Assistant Commissioner of police undergoing training of Combined Probationary Training Programme, leave will be sanctioned according to the provisions prescribed in the Rule 357 (Part I) of Police Regulations during the training Period in Maharashtra Police Academy, Nashik.".

Rule 31.

Rule 65 of the principal Rules shall be deleted.

Rule 32.

In rule 66 of the principal Rules, in sub-rule (1), for the words "compulsory retirement" the word "superannuation" shall be substituted.

Rule 33.

In rule 67 of the principal Rules,-

(i)       in the title, for the words "compulsory retirement" the word "superannuation" shall be substituted;

(ii)      in sub-rule (1), in clause (a), for the words "compulsory retirement" the word "superannuation" shall be substituted;

(iii)     sub-rule (2) shall be deleted;

(iv)    in sub-rule (3), in the proviso, for the words "compulsory retirement" the word "superannuation" shall be substituted.

Rule 34.

In rule 68 of the principal Rules, in Note 2,-

(i)       para (b) shall be deleted and shall be deemed to have been deleted with effect from the 1st January 1990;

(ii)      in para (c), for the words "Non-gazetted" the words "Gazetted or Non-gazetted" shall be substituted and shall be deemed to have been substituted with effect from the 1st January 1990.

(iii)     in para (d), the word "Audit/" shall be deleted and shall be deemed to have been deleted with effect from the 1st January 1990.

Rule 35.

In rule 70 of the principal Rules, in sub-rule (6),-

(i)       in clause (a), for the words "compulsory retirement", the word "superannuation" shall be substituted;

(ii)      clause (c) shall be deleted.

Rule 36.

In rule 74 of the principal Rules,-

(i)       for sub-rule (1), the following sub-rule shall be substituted and shall be deemed to have been substituted with effect from the 28th July 1995, namely:-

"(1) A Competent Authority may grant to a female Government servant,-

(a)      in permanent employ,

(b)      not in permanent employ,-

(i)       who has at least one year in continuous service; or

(ii)      who has in a continuous service for at least 33 months on the work charge establishment or remunerated by piece rates or daily wages, who has less than two living children on the date of application, maternity leave for a period of ninety days from the date of its application or commencement.".

(ii)      in sub-rule (1) as so substituted, for the words "ninety days", the words "one hundred and eighty days" shall be substituted and shall be deemed to have been substituted with effect from the 24th August 2009;

(iii)     after sub-rule (1), the following note shall be inserted and shall be deemed to have been inserted with effect from the 24th August 2009, namely:-

"Note:-This facility is restricted to two living children.";

(iv)    after sub-rule (1), the following sub-rule shall be inserted, namely:-

"(1-A) A female Government servant in permanent employment shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Such leave shall not be debited to the leave account.";

(v)      for sub-rule (2), the following shall be substituted and shall be deemed to have been substituted with effect from the 15th January 2016:

"(2) The maternity leave of one hundred and eighty days is permissible to the female servant having joined the Government service through the approved mode of recruitment, and restricted to two children, and, the leave salary to the extent of salary drawn by such female servant prior to availing the leave. Such a leave shall not be debited from the leave account. However, the said maternity leave and leave salary shall be permissible to the Government female servant having service of less than two years, subject to the terms and conditions as followed:

(a)      a bond equal to the pay for six months shall be obtained from the concerned female Government servant before sanctioning the maternity leave. Then only, the maternity leave and leave salary shall be made permissible;

(b)      it shall be binding for such female Government servant to remain in Government service for minimum two years after joining the service from maternity leave. If such a servant intends to relieve or resign from the service before completion of period of two years service or during maternity leave or without resuming the service after maternity leave or after completion of maternity leave, to join any other service where the salary expenditure is not borne from the consolidated fund of the State Government, or, to resign for any other reason, such a female Government servant can resign from the Government service or be relieved after payment of salary equal to the amount paid during the maternity leave availed by her.";

(vi)    in sub-rule (3), for the word and letters "Class IV" the word and letter "Group D" shall be substituted;

(vii)   for sub-rule (4), the following sub-rule shall be substituted and shall be deemed to have been substituted with effect from the 28th July 1995:

"(4) A female Government servant may be allowed leave of the kind due, for maximum of one year, (including sixty days commuted leave and leave not due), without production of a medical certificate, if she so desires, in continuation of the maternity leave,";

(viii)  for sub-rule (5), the following shall be substituted and shall be deemed to have been substituted with effect from the 28th July 1995:

"(5) (a) In a case of miscarriage or abortion, including abortion induced under the Medical Termination of Pregnancy Act, 1971, a maternity leave of maximum forty-five days is permissible to the female Government servant during her entire service period (without considering the number of children surviving):

Provided that, the application for the leave is supported by a medical certificate.

(b) If the female Government servant, due to abortion, requires a rest for longer durations, the period of absence can be regularised by granting due and permissible leave.

(c) The maternity leave availed earlier shall not be considered while granting the maternity leave due to abortion.";

(ix)    in sub-rule (6),-

(a)      for the words "does not have three or more" the words "has less than two" shall be substituted and shall be deemed to have been substituted with effect from the 28th July 1995;

(b)      for the figures and word "90 days" the words "one hundred and eighty days" shall be substituted and shall be deemed to have been substituted with effect from the 24thAugust 2009;

(c)      the following note shall be added and shall be deemed to have been added with effect from the 24th August 2009, namely:-

"Note:- This facility is restricted to two living children.".

Rule 37.

After Rule 74 of the principal Rules, the following rule shall be inserted and shall be deemed to have been inserted with effect from the 20th January 2016 namely:-

"74A. Grant of Special Leave to female Government servant for rearing of a child born out of surrogacy.- Rules regarding Grant of special leave to the female Government servant for the rearing of a child born out of surrogacy have been incorporated in Appendix VI.".

Rule 38.

After rule 74A of the principal Rules, the following rule is being added with effect from 21st September, 2016 and 21 categories of disabled are included with effect from 9th March, 2023, and the condition of age limit of the child with disability is omitted. However, leave cannot be taken for a period of less than 05 days at a time, this condition is being included from 9th March, 2023:-

"74B. Grant of special child rearing leave to the Government servant with disabled child.-

Rules regarding grant of special child rearing leave to the Government servant with disabled child have been incorporated in Appendix VII.".

Rule 39.

After rule 74B of the principal Rules, the following rule shall be inserted and shall be deemed to have been inserted with effect from the 15th March 2017 , namely:-

"74C Grant of special leave to female Government servant for adopting child.- Rules regarding grant of Special Leave to female Government servant for adopting child have been incorporated in Appendix VIII.".

Rule 40.

After rule 74C of the principal Rules, the following additional rule is being inserted and out of the said provision with effect from 23rd July, 2018 to the female Government servant as well as to the male Government servant without wife, or from 15th December, 2018 to the Government servant whose wife is bed ridden with terminal disease:-

"74D. Grant of child rearing leave to Government servant.- Rules regarding grant of child rearing leave to Government servant have been incorporated in Appendix IX.".

Rule 41.

After rule 74D of the principal Rules, the following rule shall be inserted, namely:-

"74E. Special leave for sterilisation operation.- The Competent Authority shall grant, special casual leave to Industrial and non-Industrial State Government servants who has undergone the sterilisation operation under Family Welfare Programme as per the Governmentsorders issued from time to time.".

Rule 42.

In rule 76 of the principal Rules, in sub-rule (2), after the clause (c), the following proviso shall be added, namely:-

"Provided that, the provisions of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), shall be applicable.".

Rule 43.

In rule 77 of the principal Rules, in sub-rule (1), in the Exception, in clause (iii), for the letters and figures "Rs. 225" the letters and figures "Rs.18,000-56,900" shall be substituted.

Rule 44.

In rule 79 of the principal Rules,-

(i)       in the title, after the word "Paralysis" the sign and word "/Aids" shall be inserted and shall be deemed to have been inserted with effect from the 20th January 2005;

(ii)      after the word "Paralysis" the sign and word "/Aids" shall be inserted and shall be deemed to have been inserted with effect from the 20th January 2005.

Rule 45.

In rule 83 of the principal Rules,-

(i)       in sub-rule (1), for the words " Audit Officer" the words "Concerned Drawing and Disbursing Officer or Head of the Department" shall be substituted and shall be deemed to have been substituted with effect from the 1st January 1990;

(ii)      in sub-rule (4), in clause (c), for the words "Audit Officer" the words "Head of the Department" shall be substituted and shall be deemed to have been substituted with effect from the 1st January 1990.

Rule 46.

For rule 88 of the principal Rules, the following rule shall be substituted, namely:-

"88. Rates of study allowance.-The rates of study allowance to be granted to a Government servant who takes study leave in any country, shall be such as may be specially determined by Government in each case.".

Rule 47.

In the principal Rules, wherever the words and letters "Class I, Class II, Class III and Class IV" occur the words and letters "Group A, Group B, Group C and Group D" shall be substituted, respectively.

Rule 48.

In Appendix-I of the principal Rules,-

(i)       in entry at Sr. No.(2), in column (3), in clause (a), for the word and letters "Class II" the word and letter "Group B" shall be substituted;

(ii)      entry at Sr. No.(3), shall be deleted;

(iii)     in entry at Sr. No.(6),-

(a)      in sub-entry (i), in columns (4), (5) and (6),-

(i)       after clause (2), the following clause shall be added and shall be deemed to have been added with effect from the 16th July 1994, namely:-

(ii)      for the figures and word "120 days", at both the places where it occurs, the figures and word "180 days" shall be substituted and shall be deemed to have been substituted with effect from the 16th July 1994;

(iii)     for the words and letters "Class I and Class II" the words and letters "Group A and Group B" shall be substituted;

(iv)    for the word and letters "Class II" the word and letter "Group B" shall be substituted;

(b)      in clause (ii), in column (3), for the word "Schools" the word "Colleges" shall be substituted;

(iv)    in entry at serial No. 10,-

(a)      in column (4), for the words "Authorities competent to make appointments" the words "Appointing Authority" shall be substituted and shall be deemed to have been substituted with effect from the 2nd June 2003;

(b)      in column (5), sub-clause (2) shall be deleted and shall be deemed to have been deleted with effect from the 2nd June 2003.

(c)      in column (6), the following remarks shall be inserted and shall be deemed to have been inserted with effect from the 2nd June 2003:

"Leave may be granted upto ninety days to the servant on temporary post and upto one year to servant on permanent post, however, above this period, the leave may be granted subject to the following conditions:-

(1)     The servant has completed minimum five years continuous service preceding, the period of absence without leave.

(2)     If a servant remains absent without leave and intimate by way of application to his office and in the opinion of the Competent Authority the absence is on reasonable grounds, the Appointing Authority has to take decision to regulate that period by granting leave due and admissible. If the absence is not on reasonable ground departmental enquiry shall be initiated against that servant.

(3)     At the final stage of departmental enquiry of such servant, who remains absent without leave is not reasonable, the view shall be taken so as to declare his entire absence as a Dies-non.

(4)     If a decision has taken to commute the periods of absence without leave into extra ordinary leave or Dies-non, that period shall not be taken into account for any service purpose (including pensionary benefits) and shall be recorded in service book specifically.

(5)     A departmental or legal enquiry shall not be pending on the grounds of absence without leave.

(6)     The Competent Authority has to satisfy and to certify that the servant has not resigned or not compulsory retired or removed from service or dismissed on the ground of absence without leave.

(7)     Responsibility shall be fixed on the Competent Authority who has not initiated departmental enquiry against the concerned servant who remains absent without leave.";

(v)      after entry at serial No.(13), the following entries shall be added and shall be deemed to have been added with effect from the 2nd June 2003:

Rule 49.

In Appendix-II of the principal Rules,-

(1)     in clause (1), in sub-clause (a),-

(i)       in entry (i), for the words and letters "Class I, II and III" the words and letters "Group A, B and C" shall be substituted;

(ii)      in entry (ii), for words and letters "Professors, Readers, Associate Professors, Research Assistants, Lecturers, Assistant Lecturers, Demonstrators, Tutors in Class I, II and III" the words and letters "Professors, Assistant Professors, Director, Physical Training, Junior Lecturer, Tabalji, Music Assistant, Harmonium Player in Group A, B and C" shall be substituted;

(iii)     in entry (iii), for the words and letters "Class I, II and III" the words and letters "Group A, B and C" shall be substituted;

(iv)    in Note, in clauses (v) and (vi), for the word and letters "Class IV" the word and letter "Group D" shall be substituted;

(2)     for clause (6), the following shall be substituted, namely:-

"6. Under the Commission a rate of Fisheries.- The staff attached to the Government Fisheries Commission a rate (except Group D staff).".

Rule 50.

In Appendix-III of the principal Rules,-

(1)     in the title for the words "or paralysis" the sign and words "/paralysis or Aids" shall be substituted and shall be deemed to have been substituted with effect from the 20th January 2005;

(2)     in rule 3, sub-rule (5),-

(a)      after the word "addition to" the word "earned" shall be added;

(b)      in clause (a) of rule (3A), after the word "Paralysis" the sign and word "/Aids" shall be added and shall be deemed to have been added with effect from the 1st January 2006;

(3)     in rule 6, clause (a) of sub-rule(1) for the word "health" the word "interest" shall be substituted.

(4)     in rule 7,-

(a)      in sub-rule (1),-

(i)       for the words and figures "Rs.760" the word, figure and sentence "Rs.38,600- 1,22,800 in 7th pay commission and the Government awarded equal to Time Scale pay time to time in the next pay commission" shall be substituted;

(ii)      in clause (a), for the letters and figures "Rs.25" the letters and figures "Rs.500" shall be substituted;

(iii)     in clause (b), for the letters and figures "Rs.50" the letters and figures "Rs.1000" shall be substituted;

(b)      in sub-rule (2),-

(i)       in clause (a), for the letters and figures "Rs.760" the words and figures "Rs.38,600-1,22,800 in 7th pay commission and the Government awarded equal to Time Scale pay time to time in the next pay commission" shall be substituted;

(ii)      in clause (b), for the letters and figures "Rs.760" the words and figures "Rs.38,600-1,22,800 in 7th pay commission and the Government awarded equal to Time Scale pay time to time in the next pay commission" shall be substituted;

(c)      in sub-rule (3), for the letters and figures "Rs.50" the letters and figures "Rs.1000" shall be substituted;

(d)      in sub-rule (4), in the Note, for the letters and figures "Rs.50" the letters and figures "Rs.1000" shall be substituted;

(e)      in sub-rule (5),-

(i)       in clause (a), for the letters and figures "Rs.30" the letters and figures "Rs.600" shall be substituted;

(ii)      in clause (b), for the letters and figures "Rs.15" the letters and figures "Rs.300" shall be substituted;

(5)     in rule 11,-

(a)      in the title note, for the words "or Paralysis" the words "Paralysis or Aids" shall be substituted;

(b)      for the words "or Paralysis" the sign and words "/Paralysis or Aids" shall be substituted;

(c)      for the letters and figures "Rs. 50" the letters and figures "Rs. 1000" shall be substituted.

Rule 51.

In Appendix IV of the principal Rules, the heading Leave Rules applicable to the Advocate General and rules 1, 2 and 3 there under shall be deleted.

Rule 52.

In Appendix V of the principal Rules,-

(a)      in Form 1,

(1)     entry at serial No.10 shall be deleted;

(2)     in entry at serial No.13, for the words "three or more" the words "more than two" shall be substituted;

(3)     after the entry at serial No.14, the heading Certificate Regarding Admissibility of Leave shall be deleted;

(4)     in entry at serial No. 15 shall be deleted;

(b)      in Form 3, for the words "Authorised Medical Attendant" the words "Authorised Medical Officer" shall be substituted;

(c)      in Form 4, for the words "Authorised Medical Attendant" the words "Authorised Medical Officer" shall be substituted;

(d)      in Form 5, for the words "Authorised Medical Attendant" at both the places where it occurs, the words "Authorised Medical Officer" shall be substituted;

(e)      in Form 6, for the words "behalf of the Government" the words "behalf of the Governor" shall be substituted;

(f)       in Form 7, for the words "behalf of the Government" the words "behalf of the Governor" shall be substituted.

Rule 53.

After Appendix V of the principal Rules, the following Appendix shall be added and shall be deemed to have been added with effect from the 20th January 2016, namely:-

"APPENDIX VI

(see rule 74A)

Grant of special leave to the female servant for the rearing of a child born out of surrogacy

The competent authority may sanction a special leave of 180 days to the female Government servant as a maternity leave, to rear a child born out of surrogacy subject to following terms and conditions:

(1)     Concerned female Government servant shall make an application in advance, to the competent authority in prescribed procedure. It shall be necessary to enclose the agreement of surrogacy, certificate by the concerned medical officer/gynaecologist. Certificate of gynaecologist that all the guidelines issued by the ICMR regarding surrogacy have been followed, shall alsobe required to be enclosed;

(2)     Said special leave shall be admissible for the period of 180 days from date of birth of child;

(3)     This leave shall be admissible only for once during entire service period;

(4)     This leave shall be admissible to the female Government servant having no child and to the female Government servant who has not adopted a child.".

Rule 54.

(1)     After Appendix VI of the principal Rules, the following Appendix shall be added and shall be deemed to have been added with effect from the 21st September 2016:

"APPENDIX VII

(see rule 74B)

Grant of special child rearing leave to the Government servants with disabled child.

Taking into consideration the provisions of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), the Competent Authority may grant Special Child rearing Leave to the Government servant mentioned hereinafter, and the male servant of the State, who has a child and without spouse i.e. father of such a child, for a maximum limit of 730 days out of entire period of service:-

(A)     As per section 2 (z) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, following disabilities:

(1)     Blindness; (2) Low vision; (3) Leprosy cured; (4) Hearing impairment; (5) Loco-motor disability; (6) Mental retardation and (7) Mental illness Such a disability must comply with the disability as defined in the said Act. Also, a medical authority should have certified that the disability is 40% or above,

(2)     A child with autism, cerebral palsy, mental retardation, multiple disabilities and severe disability, as defined in clauses (a), (c), (g), (h) and (o), respectively of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999).

(B)     The terms and conditions for the permissibility of the leave are:-

(1)     It shall be necessary to produce the Certificate of Disability issued by a Civil Surgeon or a Government Medical Officer senior than a civil surgeon or a certificate issued as per the resolutions passed by the Government from time to time;

(2)     The leave cannot be claimed as a matter of right but can be availed with prior permission of competent authority only;

(3)     The leave can be availed till the age of 22 of the disabled child;

(4)     The leave shall be applicable for first two surviving children;

(5)     During such period she/he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave;

(6)     Such a leave can be availed in more than one spells; however, shall be limited to maximum three (spells) in a financial year;

(7)     The account of the Child-rearing Leave shall be kept in the format enclosed herewith and same shall be kept in the service book.
The account shall be properly entered in the service book also;

(8)     The Special Child-rearing Leave cannot be granted during a
probation period; however, if the competent authority is convinced that, such a servant must avail the leave due to serious condition of the disabled child, the special child-rearing leave of a minimum period can be availed during the probation period, in exceptional circumstances. The probation period of the concerned male/female Government servant shall be extended in like proportion;

(9)     If the male/female Government servant, eligible for special child-rearing leave, accepts new appointment for more than one time, then the leave for the periods as different locations shall be combined and a leave of 730 days out of total period of service shall become permissible;

(10)   A Government servant may be allowed leave of the kind due, if she/he so desires and applies up to a maximum period of one year;

(11)   It shall be mandatory for the Government servant to produce a certificate that the disabled child is dependent on such a servant.

(2)     In Appendix VII as so added, for para (A), the following shall be substituted and shall be deemed to have been substituted with effect from the 9th March 2023, namely:-

"(A) As per clause (zc) of section 2 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), disability includes the following categories as specified in the Schedule, -

(1)     Loco Motor Disability

(2)     Leprosy Cured Person

(3)     Cerebral Palsy

(4)     Dwarfism

(5)     Muscular Dystrophy

(6)     Acid Attack Victims

(7)     Blindness

(8)     Low Vision

(9)     Hearing Impaired (Deaf and hard of Hearing)

(10)   Speech and Language Disability

(11)   Intellectual Disability

(12)   Specific Learning Disability

(13)   Autism Spectrum Disorder

(14)   Mental Behaviour / Mental illness

(15)   Multiple Sclerosis

(16)   Parkinsons disease

(17)   Haemophilla

(18)   Thalassemia

(19)   Sickle Cell Disease

(20)   Chronic Neurological Condition

(21)   Multiple Disabilities

(3)     In para (B), clause (3) shall be deleted and shall be deemed to have been deleted with effect from the 9th March 2023.

(4)     The following Note shall be added and shall be deemed to have been added with effect from the 9th March 2023, namely:-

"Note.- The leave cannot be taken for less than five days at a time.".

ANNEXTURE of special child rearing leave to the Government servants with disabled child Name of the department/office:

Name and designation of officer/staff:

Mobile No./Telephone No.

Rule 55.

After Appendix VII of the principal Rules, the following Appendix shall be added and shall be deemed to have been added with effect from the 15th March 2017, namely:-

"APPENDIX VIII

(see rule 74C)

Grant of special leave to female State Government servant for adopting child.

The competent authority may sanction a special leave to the female Government servant who have joined the service through approved mode of recruitment and adopting a child as under:

(A)     (1) If the age of the adopted child is below one year on the date of adoption, a leave of 180 days shall be admissible;

(2) If a child between the age of more than one year and below three years has been adopted, then a leave of 90 days shall be admissible.

The benefit of said leave shall commence from the stage of pre-adoption foster care; and in other cases, same shall be admissible after completion of the legal adoption process.

During such period she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave and such leave shall not be debited to the leave account.

(B)     (1) Required documents/legal papers related to the adoption of child be submitted. If the child is adopted from a adoption society, the papers related to the society shall be produced for grant of leave; no court order is required to be produced. Said orders be produced in the office once a final order is issued by the Court.

(2) Said special leave shall be admissible to the female Government servants having less than two surviving children.

If the female Government servant with one surviving child, obtains such a special leave, the maternity leave and the surrogacy leave for maternity/adopted child shall not be admissible.

(3) There is no bar of service period. However, the female Government servants who have a service period of less than two years, should submit a bond paper while applying for the said leave. It shall be compulsory for the female Government servant to serve the Government for minimum two years; who joins the service after completion of special leave or after completion of the due or permissible leave with the special leave. The female State Government servant, who intends to, join any other service from the service of the State Government, where the salary expenditure is not made by the State Government or from the Consolidated Fund of the State, before completion of minimum two years of service during the special leave period/without joining after the special leave/during the due and permissible leave period along with the leave or without joining the special leave/after completion of the special leave or after joining after the due and permissible leave along with special leave; or to resign for any other reason or to be relieved, such a servant shall be allowed to resign or to be relieved, from the service of Government after payment of salary equal to the salary drawn for the period of child rearing leave and the concerned State Government servant shall furnish a bond of like nature to the office while applying for the leave, without fail.

(C)     Considering the age of the child to be adopted on the date of adoption, due and admissible leaves can be availed without production of medical certificate in addition to the adopted child rearing leave as under. The extra-ordinary leave shall be included in the admissible leave. However, the extra-ordinary leave shall not be counted for the purposes of pension and increments:-

(1)     If the age of the adopted child is less than one month; then the special leave of one year shall be admissible;

(2)     If the age of the adopted child is more than 6 months but less than 7 months; then the special leave of 6 months shall be admissible;

(3)     If the age of the adopted child is more than 9 months and less than 10 months; the special leave of 3 months shall be admissible.".

Rule 56.

After Appendix VIII of the principal Rules, the following Appendix shall be added with effect from 23rd July, 2018 to the female Government servant as well as to the male Government servant without wife, or from 15th December, 2018 to the Government servant whose wife is bedridden with terminal disease:-

"APPENDIX IX

(see rule 74D)

Grant of Child Rearing Leave to the Government servants.

The competent authority may sanction Child Rearing Leave for maximum one hundred and eighty days to the female Government servant of the State Government as well as male Government servant without spouse or whose wife is bed ridden with terminal disease, subject to the following terms and conditions:-

(A)     Female Government servant as well as Male Government servant without wife:

(1)     The grant of leave shall be applicable till attaining the age of 18 years of the children. (The responsibility to ensure that the leave shall not be applicable from the date of attainment of 18 years of age (to the servant) who is on child rearing leave, shall rest with the leave sanctioning officer).

(2)     The leave can be availed to the extent of maximum two months in a year.

(3)     The leave can be availed in the spells of 1/2/3/4 during the (entire) service period, subject to the condition no.1 supra. However, the leave can be availed in a calendar year in three spells.

(4)     The leave shall be entitled for first two surviving children.

(5)     The availing of leave shall be applicable after completion of one year of government service.

(6)     The leave can be sanctioned even if the earned leave and half-pay leave are in credit.

(7)     The leave can be taken in addition to the earned leave, half-pay leave and maternity leave.

(8)     If a leave is taken in one calendar year is continued in next calendar year, such a leave shall be considered for the preceding calendar year.

(9)     During such period she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(10)   The Child-rearing Leave cannot be granted during a probation period; however, if the competent authority is convinced that, such a servant must avail the leave due to serious condition of the child, the child-rearing leave of a minimum period can be availed during the probation period, in exceptional circumstances. The probation period of the concerned male/female Government servant shall be extended in like proportion.

(11)   The Leave Travel Concession shall not be permissible during the leave period.

(12)   The leave cannot be asked as a matter of right and can be availed with prior permission of the competent authority only. The competent authority shall be responsible to take care that no creation of post and recruitment and such sanction of leave would not affect the day to day working, while sanctioning the leave. The servant is not habitual in seeking leaves, should also be considered while sanctioning the leave.

(13)   If the Government servant, eligible for child-rearing leave, accepts new appointment for more than one time, then the leave for the periods at different locations shall be combined and a leave of 180 days out of total period of service shall become permissible.

(14)   The account of the Child-rearing Leave shall be kept in the format enclosed here with and same shall be kept in the service book. The account shall be properly entered in the service book also.

(15)   The State Government servant, who intends to, join any other service from the service of the State Government, where the salary expenditure is not made by the State Government or from the Consolidated Fund of the State, before completion of minimum ten years of service, or to resign for any other reason or to be relieved, such servant shall be allowed to resign or to be relieved, from the service of State Government after payment of salary equal to the salary drawn for the period of child rearing leave and the concerned State Government servant shall furnish a bond of like nature to the office while applying for the leave, without fail.

(B)     Male Government servant whose wife is terminally ill:-

After producing a medical certificate from the Superintendent of J. J. Hospital/District Civil Surgeon (for City)/District Health Officer (for rural area), whose wife is bedridden with disease or mentally ill or incapacitated to rare child, is entitled to Child Rearing Leave for that period as per terms and conditions mentioned at (A) 1 to 15 above.

The wife of Government servant is admitted as in-patient in Hospital and bedridden with disease and unable to take care of child, the male Government servant is entitled to child rearing leave subject to maximum of 180 days, as per the case. In case of death of wife of Government servant after sanction of child rearing leave to Government servant, he is entitled for balance period of Child Rearing Leave maximum period of 180 days.

ANNEXURE of the account of child rearing leave to the Government servants.

Name of the department/office:

Name and designation of officer/staff:

Mobile No./Telephone No.

Rule 57.

After Appendix IX of the principal Rules, the following Appendix shall be added:-

"APPENDIX X

(see rule 34)

There shall be 16 Medical Boards for concerned districts for medical examination of the candidates who are selected for State Governments Service as per the provisions of MaharashtraCivil Services Rules: