Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com ALL INDIA SERVICES (STUDY LEAVE) REGULATIONS, 1960 CONTENTS 1. Short title 2. Definitions 3. Conditions for grant of study leave 4. Maximum amount of study leave that may be granted at a time and during the entire service 5. Combination of study leave with leave of other kinds 6. Regulations of study leave extending beyond course of study 7. Grant of study and other allowance 8. Cost of lees for study 9. [Resignation or retirement after study leave or non-completion of the course of study 10. Leave salary during study leave 11. Counting of study leave for promotion, pension, seniority, leave and increments 12. Procedure for making application for study leave and grant of such leave ALL INDIA SERVICES (STUDY LEAVE) REGULATIONS, 1960 In pursuance of sub-rule (1) of rule 17 of the All India Services (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 :- (1) In these regulations, unless the context otherwise requires: (a) 'Audit Officer' means such officer as may be appointed by the Comptroller and Auditor General of India. (b) 'Head of Mission' means Ambassador, Charge d'Affairs, Minister, 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. (c) 'Pay and Accounts Officer' means such officer as may be appointed by the Ministries or Departments of the Government of India in consultation with the Comptroller and Auditor General of India. 1 [(d) State Government means the Joint Cadre Authority in relation to a member of an All India Services (Leave) Rules, 955. (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 Services (Leave) Rules, 1955. 1. Ins. by Deptt. of Personnel Notification No. 13/4/71-AIS(I), dated 11th January, 1972. 3. Conditions for grant of study leave :- 1 [(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- (i) a special course of study consisting of higher studies or specialised training in a professional or a technical subject having a direct and close connection with the sphere of his duty; or (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 may not attend a regular academic or semi-academic course; or (iii) studies connected with the framework or background of public administration; or (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 abilities 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 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. (2) Study leave shall not be granted unless- (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 (ii) it is for prosecution of studies in subjects other than academic or literary subjects. 2[(3) Study leave out of India shall not be granted- (i) without the prior approval of the Central Government; and (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.] (4) Study leave shall not 3[***] be granted to a member of the Service- (i) who has rendered less than 4[seven years'] service under the Government; or 5[(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.] (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 bis absence on leave. 6 [(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 that the concurrence of the State Govern- ment, on whose cadre he is permanently borne is obtained before the leave is given.] 1. Subs by G.S.R. 965, dated 21st July, 1962. 2. Ins. by Deptt. of Personnel Notification No. 13/4/71-A.I.S. (I), dated 11th January, 1972. 3. Omited for "ordinarily", vide " ALL INDIA SERVICES (STUDY LEAVE) REGULATIONS, 1960" Dt.14th March, 1998 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 57, dated February, 1998, published in the Gazette of India, Part II, Section 3(i), dated 14th March, 1998, p. 200, No. 11 [No. 11020/14/97-AIS (III)] [L] 4. Subs. by G.S.R. 965, dated 21st July, 1962. 5. Subs. by G.S.R. 1617, dated 30th December, 1972. 6. Subs by G.S.R. 1746, dated 20th July, 1969. 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- (i) ordinarily twelve months at any one time, which shall not be exceeded save for exceptional reasons; and (ii) twenty-four months (inclusive of study leave granted under any other rules) in all during his entire service. "Provided that All India Service officers selected for fellowships approved by Government of India from time to time by general or special order will be granted study leave for the entire period of fellowship." 1 1. Ins. by G.S.R. 445, dated 6th June, 1989. 5. Combination of study leave with leave of other kinds :- (1) Study leave may be combined with other kinds of leave, but in no case shall the grant of this leave in combination with leave other than extraordinary leave involve in total absence of more than twenty-eight months from the regular duties of the member of the Service. (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 the member of the Service shall resume duty on the conclusion of the course of study, unless the previous assent of the Government of treat the period of short-fall as ordinary leave has been obtained 7. Grant of study and other allowance :- 1 [(1) A study allowance shall be granted to a member of the Service who has been granted study leave out of India, for the period spent in prosecuting a difinite 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.] 2[(2) (a) The rates of study allowance shall be as follows, namely:- (b) The rates 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. (c) No allowance of any kind, other than the study allowance 3[where admissible, dearness allowance], 4[house rent allowance] or [the travelling allowance] where specially sanctioned under sub- regulation (10) of Rg.7 , shall be admissible to a member of the Service in respect of the period of study leave granted to him.] (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 attendence or otherwise. (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. (5) No study allowance shall be drawn during 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. (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 a case where the study leave is taken in 5[x x x] a country where there is no Indian Mission, and the Head of Mission in other cases, 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) In the case of a definite course of study at a recognised institution, the study allowance shall be payable by the Government, if the study leave availed of is 5[x x x] 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. (8) The certificate of attendance required to be submitted in support of the claim 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 institutions. (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 a 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. (10) A member of the Service shall not ordinarily be paid travelling allowance but the Government may in exceptional circumstance sanction the payment of such allowance. (11) A member of the Service, who is granted study leave, may be 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 source. Such a member of the Service shall ordinarily not be granted any study allowance; but in special case where the net amount of the scholarship or stipend (i.e. the value of the scholarship (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 cases, 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. GOVERNMENT OF INDIA'S INSTRUCTIONS: 7 It is primarily the responsibility of the authorities sanctioning the study leave to ensure that the various conditions governing the grant of study allowance etc. are fulfilled by A.I.S. officers granted study leave. However, in order, to enable audit to check that the bills submitted by A.I.S. officers on account of their study allowance are in order, such officers are required to endorse certificates on their bills to the effect that they are not in receipt of any scholarship or stipend or any remuneration in respect of part- time employment during their study leave, and that the rate at which allowance is claimed is in accordance with the provisions of these regulations. 1. Subs. by. G.S.R. 1691, dated 22nd November, 1975. 2. Subs. by G.S.R. 2779, dated 13th December, 1975. 3. Subs. by. O.S.R. 1431, dated 22nd November, 1975. 4. Ins. by G.S.R. 1040, dated 25th October, 1988. 5. Omitted by Notification No. 3/3/74-AIS (III), dated 28th October, 1975 (w.e.f. 1st November 1973). 7. [G.I., M.H.A. letter No. 13/6/63-AIS (III), dated 12th May, 1964.] 8. Cost of lees 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: 1 [Provided that in no case shall the cost of fee to a member of the Services, who is in receipt of scholarship or stipend, or who is permitted to receive in addition to his leave salary, any remuneration in respect of part-time employment, if the quantum of the stipend, or scholarship remuneration from part-time employment is equal to or is more than the amount of fees payable: Provided further that in a case where the quantum of scholarship or 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 i.e. quantum of such scholarship or stipend remuneration in respect of part- time employment and the fees."] 1. Subs. by G.S.R. 584, dated 13th July, 1986. 9. [Resignation or retirement after study leave or non- completion of the course of study :- 1 [(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 2[(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, 3[ o r mils 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, 4[* * *] 5[Provided that save in the case of member of the Service who fails to complete the course of study] 3[* * *] 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 service 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. (3) The study leave availed of by such a member of the Service shall be converted into regular leave standing at bis 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. 7 [(4) Notwithstanding anything contained in the foregoing sub- regulations, the Government may, if it is necessary or expedient so to do, 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.] 1. Subs. by G.S.R. 1747, dated 12th December, 1964. 2. Subs. by G.S.R. 1857, dated 11th December, 1971. 3. Ins. by G.S.R. 584, dated 13th July, 1986. 4. Omitted by G.S.R. 666, dated 10th June, 1972. 5. Subs. by G.S.R. 584, dated 13th July, 1986. 7. Subs. by C.S.R. 2691, dated 22nd November, 1975. 10. Leave salary during study leave :- (1) 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 Rg.7 to the pay that the member of the service drew while on duty immediately before proceeding on such leave and in addition dearness allowance and house rent allowance.] (2) (a) During study leave availed in India, a member of the Service shall draw leave salary equal to the pay (without allowance 2other than dearness allowance) that the member of the Service draw while on duty immediately before proceeding on such leave. (b) Payment of leave salary at full rate under Cl. (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. (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- regulations (11) and (12) of Rg.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. (d) No study allowance shall be paid during study leave for course of study in India.] 3 "(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 in 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." 1. Subs. by G.S.R. 1040, dated 5th October, 1985. 2. Subs. by vide Department of Personnel Notification No. 11020/2/77-AIS(III), dated 1-10-1977, with effect from 14-5- 1977. (G.S.R. No. 1392, dated 22-10-77). 3. Omitted by D.P. and A.R. Notification No. 11020/4/81-AIS(III), dated 21st December, 1961 i.e. G.S.R. 6, dated 2nd January, 1982. 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. 1 [(2)* * *] 1. Ins. by G.S.R. 455, dated 6th June, 1989. 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.