THE ALL INDIA SERVICES (STUDY LEAVE) REGULATIONS, 1960

 

In pursuance of sub-rule (1) of rule 17 of the All India Service (Leave) Rules, 1955, the Central Government in consultation with the State Governments concerned hereby makes the following regulations namely:-

1. Short title.-These regulations may be called the All India Services (Study Leave) Regulations, 1960.

2. Definitions.-2 (1) In these regulations, unless the context otherwise requires:

2(1) (a) `Audit Officer' means such officers as may be appointed by the Comptroller and Auditor General of India.

2(1) (b) `Head of Mission' means Ambassador, Charged' Affairs, Ministers, Consul-General, High Commissioner and any other authority declared as such by the Central Government in the country in which the member of the Service undergoes a course of study or training.

2(1) (c) `Pay and Accounts Officer' means such officer as may be appointed by the Ministries of Departments of the Government of India in consultation with the comptroller and Auditor General of India.

2(1) (d) `State Government' means the joint Cadre Authority in relation to a member of an All India Service borne on a Joint Cadre.

2(2) All other words and expressions used in these regulations but not defined shall have the meanings respectively assigned to them in the All India Service (Leave) Rules, 1955.

3. Conditions for grant of study leave.- 3 (1) Subject to the conditions prescribed in these regulations, study leave may be granted to a member of the Service, with due regard to the exigencies of public service, to enable him to undergo, in or out of India-

3(1)(i) a special course of study consisting of higher studies or specialised training in a professional or technical subject having a direct and close connection with the sphere of his duty; or

3(1)(ii) a course of training or study tour, where such course of training or study tour is related to the sphere of his duties even though he/hermay not attend a regular academic or semi-academic course; or

3(1)(iii) studies connected with the framework or background of public administration; or

3(1)(iv) studies which may not be closely or directly connected with the work of the member of the Service, but which are capable of widening his mind in a manner likely to improve his ability as a civil servant and to equip him better to collaborate with those employed in other branches of public service:

Provided that the grant of study leave under clauses (ii) and (iii) shall be subject to the following conditions, namely:-

(a) that the particular course of training, study or study tour is approved by the authority competent to grant study leave; and

(b) that the member of the Service is required to submit, on his return, a full report on the work done by him while on study leave

NOTE.- Applications for study leave falling under clause (iv) shall be considered on merits of each case, in consultation with the Central Government

3(2) study leave shall not be granted unless-

3(2)(i) it is certified by the Government that the proposed course of study or training shall be of definite advantage from the point of view of public interest; and

3(2)(ii) it is for prosecution of studies in subjects other than academic or literary subjects.

3 (3) Study leave out of India shall not be granted-

3 (3)(1) without the prior approval of the Central Government; and

3(3)(ii) for the prosecution of studies in subjects for which adequate facilities exist in India or under any of the Schemes administered by the Government of India.

3(4) Study leave shall not be granted to a member of the Service-

3(4)(i) who has rendered less than `seven years' service under the Government; or

3(4)(ii) who will complete 30 years of qualifying service or attain 50 years of age within three years of the date on which he is expected to return to duty after the expiry of the leave.

Amendment vide Notification No.11020/14/97-AIS(III), dated 23.2.98 GSRNo.57,dt.14.3.98.. 3(5) Study leave shall not be granted to a member of the Service with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave.

3(6) Where a member of the Service borne permanently on the cadre of one State is serving, temporarily in another State or under the Central Government, the grant of study leave shall be subject to the condition thatthe concurrence of the State Government, on whose cadre he is permanently borne is obtained before the leave is given.

4. Maximum amount of study leave that may be granted at a time and during the entire service.- The maximum amount of study leave, which may be granted to a member of the Service, shall be-

4(1) ordinarily twelve months at any one time, which shall not be exceeded save for exceptional reasons; and

4(ii) twenty-four months (inclusive of study leave granted under any other rules) in all during his entire service.

Provided that All India Services officers selected for fellowships approved by Government of India from time to time by general or special order will be granted study leave for entire period of fellowships.

5. Combination of study with leave of other kinds.- "(1) Study leave may be combined with other kinds of leave, but in no case shall be granted 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 Ph.D degree from the regular duties of the member of the Service.

Explanation:- The limit of twenty-eight months or thirty-six months of absence prescribd in this sub regulation includes the period of vacation.'

5(2) A member of the Service granted study leave in combination with any other kind of leave may; if he so desires, commence his study before the end of the other kind of leave but the period of such leave coinciding with the course of study shall not count as study leave.

6. Regulations of study leave extending beyond course of study- When the course of study falls short of study leave sanctioned to the member of the Service shall resume duty on the conclusion of the course of study, unless the previous assent of the government to treat the period of short-fall as ordinary leave has been obtained.

7. Grant of study and other allowance- (1) A study allowance shall be granted to a member of service who has been granted study leave out of India, for the period spent in prosecuting a definite course of study at a recognised institution or in any definite tour or 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:

Provided that the period for which study allowance may be granted shall not exceed twenty-four months in all.

7 (2) (a) The rates of study allowance shall be as follows, namely:-

Name of country Study allowance as per diem

Australia ................................ 1.00 (Pound Sterling)

Continent of Europe................ 1.65 (Pound)

New Zealand............................ 1.20 (Pound)

United Kingdom........................2.00 (Pound)

United States of America............2.75 (Pound)

7(2) (b) The rate of study allowance to be granted to a member of the Service who takes study leave in other countries shall be such as may specially be determined by the Central Government.

7(2) (c) No allowance of any kind, other than the study allowance, house rent "allowance" where admissible, dearness allowance or the travelling allowance, where specially sanctioned under sub-regulation (10)of the regulation 7, shall be admissible to a member of the Service in respect of the period of study leave granted to him.

7(3) Study allowance may be paid at the end of every month provisionally subject to an undertaking in writing being obtained from the member of the Service that he would refund to Government any over-payment consequent on his failure to produce the required certificate of attendance or otherwise.

7(4) A member of the Service may be allowed to draw study allowance for the entire period of vacation during the course of study subject to the conditions that-

(i) he attends during vacation any special course of study or practical training under the direction of the Government; or

(ii) in the absence of any such direction, he produces satisfactory evidence before the Government or Head of Mission, as the case may be, that he has continued his studies during the vacation

7(5) No study allowance shall be drawn during the vacation falling at the end of a course of study except for a maximum period of fourteen days. Note- The period of vacation during which study allowance is drawn shall be taken into account in calculating the maximum period of twenty four months for which study allowance is admissible.

7(6) Study allowance shall not be granted for any period during which the member of the Service interrupts his course of study to suit his own convenience.

Provided that the Government, in case where the study leave is taken in 12 a country where there is no Indian Mission, and the Head of Mission in other case, may authorise the grant of study allowance for any period not exceeding fourteen days at a time during which the member of the Service is prevented by sickness from pursuing his course of study.

7(7) In case of definite course of study at a recognised institution, the study allowance shall be payable by the Government, if the study leave availed of is in a country where there is no Indian Mission, and by the Head of Mission in other cases, on claims submitted by the member of the Service from time to time, supported by proper certificates of attendance.

7(8) The certificate of attendance required to be submitted in support of the claims for study allowance shall be forwarded at the end of the term, if the member of the Service is undergoing study in an educational institution, or at intervals not exceeding three months, if he is undergoing study at any other institution

7(9) When the programme of study approved does not include, or does not consist entirely of such a course of study, the member of the Service shall submit to the Government or Head of Mission, as the case may be, a diary showing how his time has been spent and report indicating fully the nature of the methods and operations which have been studied and including suggestions as to the possibility of adopting such methods or operations to conditions obtaining in India. The Government shall decide whether the diary and report show if the time of the member of the Service was properly employed and shall determine accordingly for what periods study allowance may be granted.

7 (10) A member of the Service shall not ordinarily be paid travelling allowance but the Government may in exceptional circumstances sanction the payment of such allowance.

7 (11) A member of the Service, who is granted study leave, may be permitted to receive and retain, in addition to his leave salary, anyscholarship or stipend that may be awarded to him from a Government or non-Government source. Such a member of the Service shall ordinarily not be granted any study allowance; but in special cases where the net amount of the scholarship or stipend (i.e. the value of the scholarship or stipend minus any cost of fees paid by the member of the Service) is less than the study allowance that would be admissible but for the scholarship or stipend, the difference between the value of the net scholarship or stipend and the usual study allowance may be granted by special sanction.

7 (12) If a member of the Service, who is granted study leave, is permitted to receive and retain, in addition to his leave salary, any remuneration in respect of a part-time employment, he shall ordinarily not be granted any study allowance; but in special case s where the net amount of remuneration received in respect of the part-time employment (i.e.remuneration minus any cost of fees paid by the member of the Service) is less than the study allowance that would be admissible but for the remuneration the difference between the net remuneration and the usual study allowance may be granted by special sanction.

8. Cost of fees for study.- A member of the Service granted study leave shall ordinarily be required to meet the cost of fees paid for the study but in exceptional cases the Government may sanction the grant of such fees:

[ Provided that in no case shall the cost of fees be paid to a member of the Service, who is in receipt of scholarship or stipend, or who is permitted to receive or retain, in addition to his leave salary, anyremuneration in respect of part-time employment, if the quantum of the stipend or scholarship or remuneration from part-time employment is equal to or more than the amount of fees payable:

Provided further that in case where the quantum of scholarship of stipend or remuneration in respect of part-time employment is less than the fees payable, the member of the service may be sanctioned the amount equivalent to the difference between the quantum of such scholarship or stipend or remuneration in respect of part-time employment and the fees.]

9. Resignation or retirement after study leave or non completion of the course of study.- 9(1) Every member of the Service, who has been granted study leave or extension of such leave shall be required to execute a bond as given in Appendix A or Appendix AI, as the case may be, annexed to these regulations before the study leave or extension as such leave granted to him commences. The Government shall send to the Audit Officer and in respect of the Ministry or Department where audit has been separated from accounts to pay and Accounts Officer as well, a certificate to the effect that the member of the Service has executed the requisite bond.

9(2) If a member of the Service resigns or retires from 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 referred to in Appendix `B' to these regulations he shall be required to refund.

(i) the actual amount of leave salary, study allowance, cost of fees, travelling and other expenses, if any, drawn by him for the period of study leave, and

(ii) the actual amount, if any, of the cost incurred in connection with the course of study by other agencies, such as the foreign Government, Foundations, or Trusts.

together with interest theron, at Government 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:

Provided that save in this case of members of the Service who fail to complete the course of study 18[ ] nothing in this regulation shall apply- (a) to member of the service, who on return to duty from study leave, is permitted to retire from service on medical grounds, and

(b) to a member of the service, 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.

9 (3) The study leave availed of by such a member of the Service 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. In addition to the amount to be refunded by the member of the Service under sub-regulation (2), he shall be required to refund any excess of leave salary actually drawn over the leave salary admissible on conversion of the study leave as above.

9 (4) Notwithstanding anything contained in the foregoing sub-regulations, the Government may, if it is necessary or expedient so todo, 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-regulation (2) by the member of the Service concerned or class of members of the Service.

10. Leave salary, during study leave.-

10 (1) During the study leave availed of outside India a member of the service shall draw leave salary equal to amount of pay that the member of the service drew while on duty immediately before proceeding on such leave and in addition the dearness allowance and house rent allowance and study allowance admissible under Regulation .

2110 (2) (a) During study leave availed of in India, a member of the Service shall draw leave salary equal to the pay that the member of service drew while on duty immediately before proceeding on such leave and in addition dearness allowance and house rent allowance.

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

10 (2) (c) The amount, if any received by a member of the service during the period of study leave as scholarship or stipend, or remuneration in respect of any part-time employment as envisaged in sub-regulation (11) and (12) of regulation 7 shall be adjusted against the leave salary payable under this sub-regulation, 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.

10 (2) (d) No study allowance shall be paid during study leave for course of study in India.

10(2) (e) Notwithstanding anything contained in these regulations, a member of the Service who has availed of study leave in connection with a fellowship approved by Government of India from time to time by general or special order shall be entitled to receive the full value of the fellowship and full pay including dearness allowance and house rent allowance that he would have been entitled to had he not received any fellowship."

INSTRUCTION UNDER RULE 10

No.11019/5/99-AIS (III) dated 19.2.99

To-

The Chief secretaries of all States/UTs

Subject: Award of Fellowships by Jawahar lal Nehru Memorial Fund, KK Birla Foundations and IIMS-approval regarding

Sir,

I am directed to say that the question relating to approving the fellowship/fwllows programme awarded by KK Birla foundation, Jawahar lal Nehru Memorial Fund, IIMS as regular courses of studies for the purpose of grant of study leave under the AIS (Study Leave), Regulation, 1960, has been under consideration of the Government of India. It has been decided now to approve these fellwships as approved courses of studies for the purpose of grant of study leave under AIS (Study Leave) Regulation, 1960, in view of these fellowships being of national level standards and involving substantial subject of study. The membetr of the services in receit of these fellowships, will be entitled to receive the full value of the fellowship, in addition to his leave salary, in terms of rule 10 (2)(e) of the AIS (Study Leave) Regulations, 1960. However, all such cases where the members of the services, who have been awarded these fellowship and are being considered for grant of study leave, should be referred to the Government of India for approval. State Governments may grant study leave for these fellowships when pursued in India.

Yours faithfully
(Bharat Prasad)
Under Secretary to G.O.I.

11. Counting of study leave for promotion, pension, seniority, leave and increments- (1) Study leave shall count as service for promotion,pension, seniority and increments, provided that in the case of a member of the Service who, at the time of proceeding on study leave, was officiating in a higher post the study leave shall count for increments to the extent indicated by Government from time to time.

11 (2) [deleted]

12. Procedure for making application for study leave and grant of such leave.- The procedure for making application for study leave and grant of such leave shall be as laid down in the Procedural Instructions given in Appendix B annexed to these regulations.

APPENDIX `A'

[See Regulation 9(i)]

Bond to be executed by the member of the Service proceeding on study leave

KNOW ALL MEN by these presents that I ........... resident of.......... in the District of..................at present employed as.............in the Ministry of................Government of India/under the Government of .............do hereby bind myself, my heirs, executors and administrators to pay to the PRESIDENT of India (hereinafter referred to as "the Government") on demand and without demur the sum of Rs............. (Rupees ......................) together with interest thereon from that date of demand at Government rates for the time being in force on Government loans or if payment is made in a country other than India the equivalent of of the said amount in the currency of that country converted at the official rate of exchange between that country and India together with all costs between attorney and client and all charges and expenses that shall or may have been incurred by the Government.

Dated this day of .....................one thousand nine hundred

and.....................

WHEREAS the above bounden ...............is granted study leave by Government.

AND WHEREAS for the better protection of the Government above bounden

has agreed to execute this bond with such condition as hereunder is written:

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION is that in the event of the above bounden................. resigning or retiring from service without returning to duty after the expiry or termination of the period of study leave or at any time within a period of 3 years after his return to duty, he shall forthwith by Government on demand the said sum of Rs....................(Rupees................) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans.

And upon the above bounden.................making such payment the above written obligation shall be void and of no effect otherwise it shall be and remain in full force and virtue.

Stamp duty payable on this bond shall be borne and paid by the Government.

Signed and delivered by the above bounden..............in the presence

of..................

Accepted for and on behalf of the

President of India/the Governor

 

APPENDIX A.I

[See Regulation 9(i)]

Bond to be executed by the member of the Service granted extension of study leave.

KNOW ALL MEN BY THESE PRESENTS THAT I.....................resident of.................in the District....................at present employed in the Ministry of................... Government of India/under the Government................do hereby bind myself and my heirs, executors and administrators to pay to the President of India (hereinafter referred to as `the Government') on demand and without demur the sum of Rs.............(Rupees...................) together with interest thereon time being in force on Government loans, or if payment is made in a country other than India, the equivalent of the said amount in the from the date of due and of Govt. rates for the currency of that country converted of the official rate of exchange between that country and India together with all costs between attorney and client and all charges and expenses that shall or may have been incurred by the Government.

Signed and dated this.........................day of ............................one thousand nine hundred and..............

WHEREAS I...................... was granted study leave by Government for the period from ..................to................ in consideration of which I executed bond dated....................... for Rs.............. (Rupees.................) in favour of the President of India.

AND WHEREAS the extension of study leave has been granted to me at my

request until......................

AND WHEREAS for the bettern protection of the Government I have agreed to execute this bond with such condition as hereunder is written;

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my resigning or retiring from service without returning to duty after expiry or termination of the period of study leave so extended or at any time within a period of three years after my return to duty I shall forthwith pay to the Government or as may be directed by the Government on demand the said sum of Rs.......................(Rupees.................) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans.

And upon my making such payment the above written obligation shall be void and no effect: otherwise it shall be and remain in full force and virtu.

Stamp duty payable on this bond shall be borne and paid by the Government. Signed and delivered by ................... in present of Witness (I) .................... (2)......................... For and on behalf of President of India.

 

.....................Governor of...............

 

APPENDIX `B'

(See Regulation 12)

 

Procedural instructions for making application for study leave and grant of such leave

1. Except as otherwise provided in these regulations, all applications for study leave shall be submitted with the Audit Officer's or Pay and Accounts Officer's certificate, as the case may be, to Government through the prescribed channel and the course or course of study contemplated andany examination which the member of the service proposes to undergo shall be clearly specified therein. If the course of study is out of India. Government forward to the Head of Mission, if there is an Indian Mission in that country, a copy of the approved programme of study. Ina case where it is not possible for the member of the Service to give full details in his original 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 Mission or the Government, as the case may be. In such case he shall not, unless prepared to do so at his own risk, commence the course of study nor incur any expenses in connection therewith until he receives approval of the Government to the course.

2 (1) On an application for the study leave out of India being sanctioned by the Government, it shall inform the Head of Mission, if there is an Indian Mission in that country of the particulars of the case.

(2) The member of the Service shall also place himself in communication with the Head of Mission, if there is an Indian Mission in that country, and he will arrange any details and issue any letter of introduction that may be required.

3. On completion of a course of study a certificate in form prescribed by Government together with certificates of examinations passed or special courses of study undertaken, indicating the dates of commencement and termination of the course with remarks, if any of the authority in charge of the course of study, shall be forwarded to the Head of Mission concerned. When the study leave has been taken in India or any other country where there is no Indian Mission, such certificates shall be forwarded to the Government which sanctioned the leave.

EXECUTIVE INSTRUCTION `B'

1. All cases, in which the State Government propose to send a member of an All India Service abroad on deputation or on leave due and admissible to him (including study leave) should be referred to the Department ofPersonnel in the case of members of the Indian Administrative Service, the Ministry of Home Affairs in the case of members of the Indian Police Service and the Ministry of Agriculture in the case of the members of the Indian Forest Service.

(Department of Personnel and A.R. letter No. 9/26/71-AIS(III), dated 23-9-1972).

2.1. Applications referred to above are required to be examined in consultation with the Ministries of Finance (Department of Economic Affairs and Expenditure) External Affairs and often the Ministry of Education and S.W. Clearance from the view point of the Foreign Contribution Regulation Act 197....... is also required in most cases. Accordingly, late submission of applications for placement in Foreign Universities or grant of study leave not only causes avoidable inconvenience to the concerned Departments but causes unnecessary anxiety to the applicants themselves.

 

2.2 The following procedure is therefore laid down with a view to facilitating proper examination of such applications:

(i) Applications seeking admission to or grant of study leave for purusing higher studies abroad should be forwarded to this Department atleast 2 months before the last date prescribed for the purpose, unless there are convincing reasons for not doing so.

(ii) Before forwarding applications for grant of study leave to this Department the State Government should satisfy themselves that the applicants fulfil the conditions of eligibility laid down in the AIS (Study Leave) Regulations, 1960. It is imperative that the State Government / Administrative Ministries furnish the certificate prescribed under regulation 3 of the AIS (Study Leave) Regulation 1960.

(iii) While forwarding applications, for placement in foreign Universities / grant of study leave State Governments etc. should furnish full particulars of the course of study, viz. the subjects in which admission is sought the duration of the course, whether it leads to the award of a degree, diploma etc. The duration and nature of the leave required should also be specified.

(iv) The manner in which the officer proposes to finance his stay abroad and in particular,to meet the foreign exchange requirements while on study abroad should be clarify spelt out. In case the officer proposes to seek or avail himself of any financial assistance by way of a scholarship or fellowship or take up part-time employment, the quantum, break up and source of the assistance/ remuneration, should also be mentioned.

(v) Members of the Service concerned and the sponsoring Governments/ Administrative Ministries should not presume the sanction of study leave.

(vi) Applicants should not make any preparations for journey etc. in anticipation of sanction of study leave to avoid frustration. They will do so only at their risk.

(Deptt. of personnel & A.R.'s letter No. 11020/20/77-AIS(III), dated 26th October, 1977).

OFFICE MEMORANDUM

3. [G.O.I. Deptt. of Personnel O.M. No. 11020/20/77-AIS(III), dt. 20-11-78.]

SUBJECT:- All India Service (Study Leave) Regulations 1960-Delegation of powers to the Ministries/ Departments of the Government of India in respect of certain regulations thereunder-

The undersigned is directed to say that the powers of the Central Government to grant study leave in India under the All India Service (Study Leave) Regulations; 1960 to members of the All India Service working in or under them and those who are serving under a foreign Government are delegated to the Ministries / Departments of the Government of India.

2. It may however, be ensured that the concurrence of the State Government on whose cadre the officer concerned is permanently borne is invariably obtained as required under sub-regulation (6) of regulation 3 of the All India Services (Study Leave) Regulations, 1960. Prior concurrence of the Department of Agriculture in respect of members of the Indian Forest Service and the Ministry of Home Affairs in respect of the Indian Administrative Service and Indian Police Service borne on the U.T. Cadre, should also be obtained.

4. (No.11020/6/94-AIS(III) Dated 20.7.94)

To

The Chief Secretaries of all

State Governments

 

Subject: Forwarding of application for grant of study leave in favour of member of service abroad.

Sir,

I am directed to refer to executive instructions issued under AIS(Study leave) Regulation, which provides that before forwarding aplications for grant of Study leave to this Department, the State Government should satisfy themselves that the applicants fulfill the condition of eligibility laid down in the AIS(Study Leave) Regulations.

2. In this regard, several cases have come to the notice of the Government where it has been seen that officers are being recommended for grant of study leave despite the fact that they have not served the Government for 2 or 3 years after returning from a long-term Government sponsored training programme abroad as they are bound to, in terms of the bond all such officers are required to sign before proceeding on training.

3. It is requested that henceforth in such cases, State Governments should give due consideration to this aspect and refrain from sending their recommendations to the Department of Personnel & Training.

Yours faithfully,
(A.K. Thakur)
Director (services)

 

(No.11020/18/94-AIS(III) dated 9.8.94)

Government of India decision under Regulation 3

As per Regulation 3(1)(iv) there is no requirement of submitting the study report, at the end of study leave by a member of service.

Now it has been decided that in cases where study leave is granted under this Regulation, a member of the service should be required to submit, on his/her return, a full report on the work done by him/her on study leave.