THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

provisions should have completed one year of continuous service, including leave periods, if any, tobecome eligible for the grant of maternity leave.The grant of maternity leave is subject to the following further conditions:—Unless, an abortion takes place in a Government hospital or Local fund or Municipal hospital or ina recognised Nursing Home and the respective medical officer-in-charge of the institutions certifiesthat the abortion took place after 12 weeks of pregnancy, the leave should not be granted. Wherethere are no hospital facilities, women Government servants should appear before the authorisedmedical attendant when the sign of abortion still exists or go to him for antenatal examination after 12weeks of pregnancy, so that the authorised medical attendant may be in a position to issue thenecessary certificate.“ Provided that notwithstanding anything contained in this instruction and in instruction I-B and I-C,in the caase of married woman Police personnel, maternity leave may be granted for spontaneousabortion from the seventh week of pregnancy.”Explanation-1:—In the case of maternity leave for miscarriage or abortion, the certificate from aRegistered Medical Practitioner authorised under the Medical Termination of Pregnancy Act, 1971(C.A. 34 of 1971) may be accepted.[G.O. Ms. No. 768, Personnel and Administrative Reforms (F.R.-1), dated 3rd July 1978.—With effectfrom 21st July 1977.]Explanation - 2 :- The term “Spontaneous abortion” refers to the loss of a non-viable foeutusduring pregnancy in naturally occurring events, not elective or due to therapeutic abortion procedures.(G.O.Ms.No.73, Personnel and Administrative Reforms (FR-IV) Department dated 17-6-2005.)1B. A competent authority may grant maternity leave to permanent married women Governmentservants, who undergo medical termination of pregnancy of 12 weeks or more but not exceeding 20weeks under the Medical Termination of Pregnancy Act, 1971 (Central Act 34 of 1971).1-C. A non-permanent married woman Government servant whether appointed in a regularcapacity or under the emergency provisions of the relevant service rules, who undergoes medicaltermination of pregnancy of 12 weeks or more but not exceeding 20 weeks under the MedicalTermination of Pregnancy Act, 1971 (Central Act 34 of 1971) should take earned leave for which sheis eligible. If, however, such a Government servant is not eligible for any earned leave or if the leaveto her credit is less than six weeks, then the competent authority may grant maternity leave for aperiod of not exceeding six weeks or for the period which falls short of six weeks, as the case may be.Non-permanent married women Government servants employed under the emergency provisionsshould have completed one year of continuous service including leave periods, if any, to becomeeligible for the grant of maternity leave:Provided that the grant of maternity leave under Instructions 1-B and 1-C is subject to theconditions that the termination of pregnancy shall be performed at Governemnt Hospitals or otherinstitutions approved under the Medical Termination of Pregnancy Act, 1971 (Central Act 34 of 1971.)[G.O. Ms. No. 1190, Personnel and Administrative Reforms (F.R.I.), dated 25th October 1978.](With effect from 10th August 1976.)Explanation 1.—Approved probationers in superior service governed by the Tamil Nadu LeaveRules, 1933, shall be eligible for the leave specified in Instructions 1-A, 1-B and 1-C as for permanentGovernment servants.Explanation 2.—Maternity leave of six weeks for natural abortion/medical termination of pregnancyunder the medical Termination of pregnancy Act, 1971, (Central Act 30 of 1971) under Instructions IA,IB and IC, shall be granted only for two times to married women Government Servants who have noliving child, or for three times to those who have one living child with a condition to undergosterilisation permanently for the grant of this leave for the third time, or for two times to those whohave two living children with a condition to undergo sterilistion permanently for grant of this leave forthe second time.(with effect from 10th February 1987)[G.O. Ms. No. 513, Personnel and Administrative Reforms (Personnel-J) dated 3rd October 1988.]137