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Study Leave Rules for Government Employees

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0% found this document useful (0 votes)
603 views11 pages

Study Leave Rules for Government Employees

Uploaded by

saurabh9920m
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

(NOTE :- this sub-rule applies to cases of Government servants who

have debit balance in their leave account due to their availing of


departmental leave before the 1st November, 1973, when departmental
leave with leave salary used to be debited to leave account.

50. Conditions for grant of study leave

(1) Subject to conditions specified in this Chapter, study leave may be


granted to a Government servant with due regard to the exigencies of
public service to enable him to undergo, in or out of India, a special course
of study consisting of higher studies or specialized training in a
professional or a technical subject having a direct and close connection
with the sphere of his duty.

(2) Study leave may also be granted-

(i) for a course of training or study tour in which a Government


servant may not attend a regular academic or semi-academic
course if the course of training or the study tour is certified to
be of definite advantage to Government from the point of view
of public interest and is related to sphere of duties of the
Government servant; and

(ii) for the purpose of studies connected with the framework or


background of public administration subject to the conditions
that-

(a) the particular study or study tour should be approved


by the authority competent to grant leave; and
(b) the Government servant should be required to
submit, on his return, a full report on the work done
by him while on study leave;

(iii) for the studies which may not be closely or directly connected
with the work of a Government servant, but which are capable
of widening his mind in a manner likely to improve his
abilities as a civil servant and to equip him better to
collaborate with those employed in other branches of the
public service.

NOTE.- Application for study leave in cases falling under clause (iii)
shall be considered on merits of each case in consultation with the
Department of Expenditure of the Ministry of Finance.

(3) Study leave shall not be granted unless-

(i) it is certified by the authority competent to grant leave that the


proposed course of study or training shall be of definite
advantage from the point of view of public interests;
(ii) it is for prosecution of studies in subjects other than academic
or literary subject:

Provided that an officer of the Indian Economic Service or Indian


Statistical Service may be granted study leave for prosecuting a course of
study for obtaining Ph.D., on a research thesis, subject to the conditions
that-

(a) the subject of research and the institution at which such


research is to be undertaken are got approved by the Chief
Economic Adviser to the Government of India, in case the
applicant is a member of the Indian Economic Service, or by
the Director, Central Statistical Organization, in case the
applicant is a member of the Indian Statistical Service;

(b) the applicant obtains a certificate from the said authority to the
effect that such study will be valuable in the matter of
increasing the efficiency of the officer in the performance of
his duties as a member of the Indian Economic Service or the
Indian Statistical Service, as the case may be; and

(c) in cases where the study is to be undertaken at a foreign


university, the applicant obtains a further certificate that the
facilities for research on the particular subject chosen for study
are not available at any University or other Institution in India:

Provided further that a Medical Officer may be granted study leave


for prosecuting a course of postgraduate study in Medical Sciences if the
Director-General of Health Services certifies to the effect that such study
shall be valuable in increasing the efficiency of such Medical Officer in the
performance of his duties:

Provided also that a specialist or a technical person may be granted


study leave, on merits of each case for prosecuting a postgraduate course of
study directly related to the sphere of his duty in case the Head of the
Department or the Secretary to the Department or Ministry concerned
certifies that the course of study shall enable the specialist or the technical
person, as the case may be, to keep barest with modern development in the
field of his duty, improve his technical standards and competence and thus
substantially benefit the Department or Ministry.

(iii) the Department of Economic Affairs of the Ministry of


Finance agrees to the release of foreign exchange involved in
the grant of study leave, if such leave is outside India:

Provided that in releasing foreign exchange to Government servants


proceeding on study leave abroad, the Department aforesaid shall satisfy
itself whether such Government servant comply with the minimum
educational criteria as specified in the general orders issued by the said
Department from time to time regulating release of foreign exchange to
persons proceeding abroad for higher studies at their expense.

(4) Study leave out of India shall not be granted for the prosecution
of studies in subjects for which adequate facilities exist in India or under
any of the Schemes administered by the Department of Economic Affairs
of the Ministry of Finance or by the Ministry of Education.

(5) Study leave may be granted to a Government servant-

(i) who has satisfactorily completed period of probation and has


rendered not less than five years’ regular continuous service
including the period of probation under the Government;

(ii) who is not due to reach the age of superannuation from the
Government service within three years from the date on which
he is expected to return to duty after the expiry of the leave;
and

(iii) who executes a Bond as laid down in Rule 53(4) undertaking


to serve the Government for a period of three years after the
expiry of the leave

(6) Study leave shall not be granted to a Government servant with


such frequency as to remove him from contact with his regular
work or to cause cadre difficulties owing to his absence on
leave.

51. Maximum amount of study leave

The maximum amount of study leave, which may be granted to a


Government servant shall be –

(a) ordinarily twelve months at any one time, and


(b) during his entire service, twenty-four months in all
(inclusive of similar kind of leave for study or training
granted under any other rules).

52. Applications for study leave

(1) (a) Every application for study leave shall be submitted through
proper channel to the authority competent to grant leave.

(b) The course or courses of study contemplated by the


Government servant and any examination which he proposes to
undergo shall be clearly specified in such application.
(2) Where it is not possible for the Government servant to give full
details in his application, or if, after leaving India, he is to make
any change in the programme which has been approved in India,
he shall submit the particulars as soon as possible to the Head of
the Mission or the authority competent to grant leave, as the case
may be, and shall not, unless prepared to do so at his own risk,
commence the course of study or incur any expenses in
connection therewith until he receives the approval of the
authority competent to grant the study leave for the course.

[Link] of study leave

(1)A report regarding the admissibility of the study leave shall be


obtained from the Audit Officer:

Provided that the study leave, if any, already availed of by the Government
servant shall be included in the report.

(2)Where a Government servant borne permanently on the cadre of one


department or establishment is serving temporarily in another department
or establishment, the grant of study leave to him shall be subject to the
condition that the concurrence of the department or the establishment to
which he is permanently attached is obtained before the leave is granted.

(3)Where the study leave is granted for prosecution of studies abroad, the
Head of the Mission concerned shall be informed of the fact by the
authority granting the leave, provided that where such leave has been
granted by an Administrator, the intimation shall be sent through the
Ministry concerned.

NOTE :- The Head of the Mission shall be contacted by the Government


servant for issue of any letters of introduction or for other similar facilities
that may be required.

(4)(a)Every Government servant in permanent employ who has been


granted study leave or extension of such study leave shall be required to
execute a Bond in Form 7 or Form 8, as the case may be, before the study
leave or extension of such study leave granted to him commences.

(b)Every Government servant not in permanent employ who has been


granted study leave or extension of such study leave shall be required to
execute a bond in Form 9 or Form 10 as the case may be, before the study
leave or extension of such study leave granted to him commences.

(c ) The Authority competent to grant leave shall send to the Audit Officer
a certificate to the effect that the Government servant referred to in Clause
(a) or Clause (b) has executed the requisite bond.
5(a) On completion of the course of study, the Government servant shall
submit to the authority which granted him the study leave, the certificates
of examinations passed or special courses of study undertaken, indicating
the date of commencement and termination of the course with the remarks,
if any, of the authority in charge of the course of study.

(b)If the study is undertaken in a country outside India where there is an


Indian Mission, the certificates shall be submitted through the Head of the
Mission concerned.

[Link] of study leave and combination with leave of other


kinds

(1) Study leave shall not be debited against the leave account of the
Government servant.

(2) Study leave may be combined with other kinds of leave, but in no
case shall be grant of this leave in combination with leave, other than
extraordinary leave involve a total absence of more than twenty eight
months generally and thirty-six months for the courses leading to
PhD. degree from the regular duties of the Government servant.

Explanation :-the limit of twenty-eight months/thirty six months of absence


prescribed in this sub-rule includes the period of vacation.

(3)A Government servant granted study leave in combination with any


other kind of leave may, if he so desires, undertake or commence a course
of study during any other kind of leave and subject to the other conditions
laid down in Rule 57 being satisfied, draw study allowance in respect
thereof

Provided that the period of such leave coinciding with the course of study
shall not count as study leave.

[Link] of study leave extending beyond course of study

When the course of study fall short of study leave granted to a Government
servant, he shall resume duty on the conclusion of the course of study,
unless the previous sanction of the authority competent to grant leave has
been obtained to treat the period of shortfall as ordinary leave.

56. Leave Salary during study leave

(1) Except as provided in sub-rule (3), during Study Leave availed


of outside India, a Government servant shall draw Leave Salary
equal to the pay that the Government servant drew while on duty
with Government immediately before proceeding on such leave
and in addition the Dearness Allowance, House Rent Allowance
and Study Allowance as admissible in accordance with the
provisions of Rules 57 to 60.

(2) (a) Except as provided in sub-rule (3), during Study Leave


availed of in India, a Government servant shall draw Leave
Salary equal to the pay that the Government servant drew while
on duty with Government immediately before proceeding on
such leave and in addition the Dearness Allowance and House
Rent Allowance as admissible in accordance with the provisions
of Rule 60.

(b) Payment of leave salary at full rate under Clause (a) shall be
subject to furnishing of a certificate by the Government servant
to the effect that he is not in receipt of any scholarship, stipend
or remuneration in respect of any part-time employment.

(c ) The amount, if any, received by a Government servant


during the period of Study leave as scholarship or stipend or
remuneration in respect any part-time employment as envisaged
in sub-rule (2) of Rule 57, shall be adjusted against the Leave
Salary payable under this sub-rule subject to the condition that
the Leave Salary shall not be reduced to an amount less than that
payable as Leave Salary during half-pay leave.

(d) No study allowance shall be paid during Study Leave for


courses of study in India.

(3) During the currency of Study Leave within or outside India on or


after 1st day of January 1996, a Central Government servant shall draw
benefits of Revised Pay from the date such revision took place.

57. Conditions for grant of study allowance

(1) A study allowance shall be granted to a Government servant who


has been granted study leave for studies outside India for the
period spent in prosecuting a definite course of study at a
recognized institution or in any definite tour of inspection of any
special class of work, as well as for the period covered by any
examination at the end of the course of study.
(2) Where a Government servant has been permitted to receive and
retain, in addition to his leave salary, any scholarship or stipend
that may be awarded to him from a Government or non-
Government sources, or any other remuneration in respect of any
part-time employment-

(a) no study allowance shall be admissible in case the net


amount of such scholarship or stipend or remuneration
(arrived at by deducting the cost of fees, if any, paid by
the Government servant from the value of the scholarship
or stipend or remuneration) exceeds the amount of study
allowance otherwise admissible:
(b) In case the net amount of scholarship or stipend or
remuneration is less than the study allowance otherwise
admissible, the difference between the value of the net
scholarship or stipend or any other remuneration in
respect of any part-time employment and the study
allowance may be granted by the authority competent to
grant leave.

(3) Study allowance shall not be granted for any period during
which a Government servant interrupts his course of study to suit
his own convenience:

Provided that the authority competent to grant leave or the Head


of Mission may authorize the grant of Study Allowance for a period
not exceeding 14 days at a time during such interruption if it was due
to sickness.

(4) Deleted.

(5) Study Allowance shall also be allowed for the entire period of
vacation during the course of study subject to the conditions that

(a) The Government servant attends during vacation any


special course of study or practical training under the
direction of the Government or the authority competent to
grant leave, as the case may be; or
(b) In the absence of any such direction, he produces
satisfactory evidence before the Head of the Mission or
the authority competent to grant leave, as the case may
be, that he has continued his studies during the vacation:

Provided that in respect of vacation falling at the end of the course of


study, it shall be allowed for a maximum period of 14 days.

(6) The period for which Study Allowance may be granted shall not
exceed 24 months in all.

58. Rates of Study Allowance

(1) The rates of Study Allowance shall be as follows:-

Name of the Country Study allowance per diem

Australia £ 1.00 (Sterling)


Continent of Europe £ 1.65 ,,
New Zealand £ 1.20 ,,
United Kingdom £ 2.00 ,,
United Stats of America £ 2.75 ,,

(2) The rates of Study Allowance prescribed in sub-rule (1)


may be revised by the Central Government from time to
time.

(3) The rates of Study Allowance to be granted to a


Government servant who takes study leave inn any country
other than the one specified in sub-rule (1) shall be such as
may be specially determined by the President in each case.

59. Procedure for payment of study allowance

(1) Payment of study allowance shall be subject to the


furnishing of a certificate by the Government servant to the
effect that he is not in receipt of any scholarship, stipend or
any other remuneration in respect of any part-time
employment.

(2) Study Allowance shall be paid at the end of every month


provisionally subject to an undertaking in writing being
obtained from the Government servant that he would
refund to the Government any overpayment consequent on
his failure to produce the required certificate of attendance
or on his failure to satisfy the authority competent to grant
leave about the proper utilization of the time spent for
which Study Allowance is claimed.

(3) (a) In the case of a definite course of study at a recognized


institution, the Study Allowance shall be payable by the
authority competent to grant leave, if the study leave availed
of is in a country where there is no Indian Mission, and by the
Head of the Mission in other cases, on claims submitted by the
Government servant from time to time, supported by proper
certificates of attendance.

(b) The certificate of attendance required to be submitted in


support of the claims for Study Allowance shall be forwarded
at the end of the terms, if the Government servant is
undergoing study in an educational institution, or at intervals
not exceeding three months if he is undergoing study at any
other institution.

(4) (a) When the programme of study approved does not include,
or does not consist entirely of, such a course of study, the
Government servant shall submit to the authority competent to
grant leave direct or through the Head of the Mission a diary
showing how his time has been spent and a report indicating
fully the nature of the methods and operations which have
been studied and including suggestions as to the possibility of
adapting such methods or operations to conditions obtaining in
India.

(b) The authority competent to grant leave shall decide


whether the diary and report show that the time of the
Government servant was properly utilized and shall determine
accordingly for what periods Study Allowance may be
granted.

60. Admissibility of allowances in addition to Study Allowance

(1) For the first (180) days of the Study Leave, House Rent Allowance
shall be paid at the rates admissible to the Government servant from time to
time at the station from where he proceeded on study leave. The
continuance of payment of House Rent Allowance beyond (180) days shall
be subject to the production of a certificate as prescribed in Para.8 (d) of
Ministry of Finance, O.M. No.2 (37)-[Link] (B)/64, dated 27-11-1965, as
amended from time to time.

(2) Except for house rent allowance as admissible under sub-rule (1)
and the Dearness Allowance and the Study Allowance, where admissible,
no other allowance shall be paid to a Government servant in respect of the
period of study leave granted to him.

61. Travelling Allowance during study leave

A Government servant to whom study leave has been granted shall


not ordinarily be paid Travelling Allowance but the President may in
exceptional circumstances sanction the payment of such allowance.

NOTE- Where a Government servant serving in the Indian Audit and


Accounts Department is on study leave in India, the Comptroller and
Auditor-General of India may, in exceptional circumstances, sanction the
grant of Travelling Allowance.

62. Cost of fees for study

A Government servant to whom study leave has been granted shall


ordinarily be required to meet the cost of fees paid for the study but in
exceptional cases, the President may sanction the grant of such fees:

Provided that in no case shall the cost of fees be paid to a


Government servant who is in receipt of scholarship or stipend from
whatever source or who is permitted to receive or retain, in addition to his
leave salary, any remuneration in respect of part-time employment.
NOTE- Where a Government servant serving in the Indian Audit and
Accounts Department is on study leave in India, the Comptroller and
Auditor-General of India may, in exceptional circumstances, sanction the
grant of the cost of fees paid for the study.

63. Resignation or retirement after study leave or non-completion of


the course of study.

(1) If a Government servant resigns or retires from service or otherwise


quits service without returning to duty after a period of study leave or
within a period of three years after such return to duty or fails to complete
the course of study and is thus unable to furnish the certificates as required
under sub-rule (5) of Rule 53 he shall be required to refund-

(i) the actual amount of leave salary, Study Allowance, cost of fees,
traveling and other expenses, if any, incurred by the Government of India;
and
(ii) the actual amount, if any, of the cost incurred by other agencies such
as foreign Government, Foundations and Trusts in connection with the
course of study,

together with interest thereon at rates for the time being in force on
Government loans from the date of demand, before his resignation is
accepted or permission to retire is granted or his quitting service otherwise:

Provided that except in the case of employees who fail to complete


the course of study nothing in this rule shall apply-

(a) to a Government servant who, after return to duty from study leave,
is permitted to retire from service on medical grounds; or
(b) to a Government servant who, after return to duty from study leave,
is deputed to serve in any Statutory or Autonomous Body or Institution
under the control of the Government and is subsequently permitted to
resign from service under the Government with a view to his permanent
absorption in the said Statutory or Autonomous body or Institution in the
public interest.

(2) (a) The study leave availed of by such Government servant shall be
converted into regular leave standing at his credit on the date on which the
study leave commenced, any regular leave taken in continuation of study
leave being suitably adjusted for the purpose and the balance of the period
of study leave, if any, which cannot be so converted, treated as
extraordinary leave.

(b) In addition to the amount to be refunded by the Government servant


under sub-rule (1), he shall be required to refund any excess of leave salary
actually drawn over the leave salary admissible on conversion of the study
leave.
(3) Notwithstanding anything contained in this rule, the President may,
if it is necessary or expedient to do so, either in public interest or having
regard to the peculiar circumstances of the case or class of cases, by order,
waive or reduce the amount required to be refunded under sub-rule (1) by
the Government servant concerned or class of Government servant.

CHAPTER VII

Miscellaneous

64. Interpretation

Where any doubt arises as to the interpretation of these rules, it shall


be referred to the Government of India in the Ministry of Personnel, Public
Grievances and Pensions for decision.

65. Power to relax

Where any Ministry or Department of Government of India is


satisfied that the operation of any of these rules causes undue hardship in
any particular case, that Ministry or Department, as the case may be, may
be order, for reasons to be recorded in writing, dispense with or relax the
requirements of that rule to such extent and subject to such exceptions and
conditions as it may consider necessary for dealing with the case in a just
and equitable manner:

Provided that no such order shall be made except with the


concurrence of the Ministry of Personnel, Public Grievances and Pensions.

66. Repeal and saving

(1) On the commencement of these rules, every rule, regulation or order,


including Office Memorandum (hereinafter referred to in this rule as the
old rule) in force immediately before such commencement shall, in so far
as it provides for any of the matters contained in these rules, cease to
operate.

(2) Notwithstanding such cesser of operation, anything done or any


action taken or any leave earned by, or granted to, or accrued to the credit
of a Government servant, under the old rule, shall be deemed to have been
done, taken, earned, granted or accrued under the corresponding provisions
of these rules.

Common questions

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Before sanctioning study leave abroad, Government servants must secure approval that the course isn't feasible in India, improve job efficiency, and receive foreign exchange approval. These certifications ensure the government's investment in study leave is justified by concrete benefits to public service and career enhancement .

In countries without an Indian Mission, the competent authority pays study allowance based on monthly claims from the Government servant, supported by attendance certificates or detailed diaries and reports if outside formal educational institutions .

A Government servant must resume duty if the course of study is shorter than the granted study leave period unless they secure prior approval to treat the shortfall as ordinary leave .

A Government servant must execute a bond, as laid down in Rule 53(4), obligating them to serve the Government for a period of three years post-study leave, in addition to having completed probation, at least five years of continuous service, and not being near superannuation within three years after returning .

Study leave is not granted for subjects where sufficient facilities are available in India or for studies under the Department of Economic Affairs or Ministry of Education's schemes to prioritize the expansion of knowledge that cannot be acquired locally, thus ensuring the utility and relevance of foreign study .

The maximum study leave a Government servant can take during their whole service is 24 months, including similar types of leave for study or training granted under other rules. This is subject to not exceeding 12 months at a time .

During study leave in India, a Government servant receives leave salary equivalent to their pay before leave, including Dearness and House Rent Allowances, assuming no additional scholarships or remuneration. Any scholarship or remuneration reduces the leave salary, though not below half-pay leave level .

Applications are assessed on individual merits in consultation with the Department of Expenditure for studies not directly work-related but likely to enhance the civil servant's collaborative abilities and mind broadening, provided this benefits public service .

A Medical Officer may be granted study leave for a postgraduate course of study in Medical Sciences if the Director-General of Health Services certifies that such study will increase the officer's efficiency in performing duties .

Government servants must submit study leave applications through proper channels, specifying courses clearly. If any program changes occur after departure, approval must be sought from the authority before incurring expenses or starting the altered course .

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