Rules for the grant of additional leave to Government servants for the study of scientific, technical or similar problems, or in order to undertake special courses of instruction.
The following rules are to study leave only. They are not intended to meet the case of Government servants deputed to other countries at the instance of Government either for the performance of special duties imposed on them or for investigation of specific problems connected with their technical duties. Such cases will continue to be dealt with on their merits under the provisions of Rules 50 and 51 of the Fundamental Rules. The rules apply to the Archaeological Department, the Public Health and Medical Research Departments, the Botanical Survey (including the officers of the Royal Botanical Garden, (Calcutta), the Civil Veterinary Department, the Factory Department, the Geological Survey, the Agricultural Department, the Meteorological Department, the Railway Department (Traffic, Locomotive and Engineering Branches), the Telegraph (including the Wireless) Branch of the Indian Posts and Telegraphs Department, the Zoological Survey, the Education Department, the Public Works Department and the Forest Department (except in respect of continental tours, to which special rules apply). The rules also apply to officers of the Indian Civil Service (irrespective of the source of recruitment), or of the Judicial Branch of the State Civil Service, who have been admitted to the rules for the assistance of officers on leave in the United Kingdom who wish to prosecute their legal studies at one of the Inns. of Court, London, or the King's Inns., Dublin, both during the period when they are reading for the examinations prescribed for a call to the English or the Irish Bar, and also during the period when they are reading in the Chambers of practising Barrister in England, but in their case study leave should not ordinarily be granted after the twelfth year of service. The rules may be extended by the authorities empowered to sanction study leave under Rule I to any Government servant, including a Government servant of a State Service not belonging to any of the Departments mentioned above, in whose case the sanctioning authority is of opinion that leave should be granted in the public interests to pursue a special course of study or investigation of a scientific or technical nature.
Note :-The extension of these rules to the Public Works and Railway Departments does not affect the existing rules under which Government servants are allowed to visit engineering works when on leave in Great Britain.
The powers granted by these rules to the Government of India or to State Government may be delegated by them to the High Commissioner for India, subject to any condition they may think fit to impose.
1-A. Extra leave on half average pay for the purpose of study leave may be taken either in or outside India. It may be granted to a Government servant of any of the departments named above by the Government or Chief Commissioner under whom he is serving, provided that when a Government servant borne permanently on the cadre of one State or Department is serving temporarily in another State or Department the grant of leave is subject to the conditions (a) that the sanctioning authority can make local arrangements to carry on his work in his absence, and (b) that the sanction of the State or Department to which he is permanently attached is
obtained before leave is given. Study leave should not ordinarily be granted to Government servants of less than five years' service or to Government servant within three years of the date at which they have the option of retiring or if they have the option of retiring after 20 years service, within three years of the date at which they will complete 25 years service. Nor should it be granted to Government servants who are about to retire on proportionate pension.
Note: Department of the Government of India may grant study leave to Government servant under their administrative control, subject to the restrictions which apply to the powers of Government.
The grant of study leave should be made with due regard to the exigencies of the public service. In no case should the grant of this leave, in combination with leave other than extraordinary leave or leave on medical certificate, involve an absence of over 28 months from a Government servant's regular duties, or exceed two years in the whole period of a Government service; nor should it be granted with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave. A period of 12 months at one time should ordinarily be regarded as suitable maximum, and should not be exceed save for exceptional reasons.
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When a Government servant has been granted a definite period of study leave and finds subsequently that this course of study will fall short of the sanctioned period to any considerable extent, his absence from duty should be reduced by the excess period of, study leave unless he produces the assent of the sanctioning authority in India to his taking it as ordinary leave.
Except as provided in Rule 6, all applications for study leave should be submitted with the Audit Officer's certificate to the Head of the Department through the prescribed channel and the course or courses of study contemplated and any examination which the candidate proposes to undergo should be clearly specified therein.
If the course of study, is in Europe or America, and Head of the Department should also forward to the Secretary of the High Commissioner for India, General Department, a copy of the approved programme of study. If it is not possible for the Government servant to give full details, as above, in his original application or if, after leaving India, he wishes to make any changes in the programme which has been approved in India, he should submit particulars as soon as possible to the Secretary to the High Commissioner for India, General Department. In such cases, he should 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 to the course through the High Commissioner.
Government servants on leave in Europe or America who wish to convert part of the leave into study leave or to undertake a course of study during leave, should before commencing study and before incurring any expenses in connection therewith, submit a programme of their proposed course of study to the Secretary to the High Commissioner for India, General Department. The programme should be accompanied by an official syllabus of the course, if one is available, and by any documentary evidence that particular course or examination has the approval of the authorities in India. In the absence of such evidence the programme may, if approved by the High Commissioner, be proceeded with, but no study leave allowance will be admissible until the concurrence of the authority concerned in India is received.
Similarly Government servants on leave in the United Kingdom who desire to have it extended for the purpose of study under these rules, should address the Secretary to the High Commissioner for India, but in addition to furnishing a statement of the proposed study they must support their applications with documentary evidence of their having obtained the approval of the authorities concerned in India to their applying for an extension of leave.
They must also produce documentary evidence of the concurrence of the authority concerned in India to the grant of study leave and/or study allowance.
6-A. No course of study will be recognized as qualifying for the grant of study allowance or for study leave for any other purpose, unless it has been approved in atleast broad outline by the sanctioning authority in India in accordance with Rules 5 and 6 above, and unless in cases where it has not been found possible to submit full particulars to the authorities in India, it has been approved in detail by the High Commissioner before it is begun.
A study allowance will be granted 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 works as well as for the period covered by any examination at the end of the course of study. The rates as at present fixed are 16 sh. a day in the United Kingdom, 1 pound a day on the continent of Europe and 30 sh. a day in the United States of America. These rates are liable to revision. The rate to be granted to Government servants who take study leave in other countries including India, will be specially considered by the Government of India or the State Government in each case. In no case will subsistence allowance be granted in addition to study allowance and ordinarily travelling expenses will not be paid, but in exceptional cases claims will be considered on their merits by the Government of India or the State Government.
A study allowance will be admissible upto 14 days for any period of vacation. A period during which a Government servant interrupts his course for his own convenience cannot be considered as vacation. Study aliowance may be given at the discretion of the Government of India or the State Government for any period up to fourteen days at one time during which the officer is prevented by sickness duly certified by a medical practitioner from pursuing the sanctioned course of study. In the case of a Government Servant retiring from the service without returning to duty after a period of study leave the study allowance will be forfeited. If the Government servant is under civil rules the study leave will be converted into ordinary leave to the extent of the ordinary leave standing to his credit at the date of retirement. Any balance of the period of the study leave mentioned above which cannot be so converted will be excluded in reckoning service for pension.
Government servants granted study leave are ordinarily required to meet the cost of fees paid for course of study. In exceptional cases the Government of India or the State Government will be prepared to consider proposals that such fees should be paid by Government.
On completion of a course of study a certificate on the proper form (which may be obtained from the High Commissioner), together with certificates of examinations passed or of special study, shall, when the study leave has been taken in Europe or America, be forwarded to the High Commissioner. When the study leave has been taken in any other country certificates of examinations passed or of special study, which should show the dates of commencement and termination of the course, with any remarks by the instructor, shall be forwarded to the authority which sanctioned the leave. In the case of a definite course of study at a recognized institution the study allowance will be payable by the High Commissioner or by the authority in India, as the case may be, on claims submitted by the Government servant from time to time, supported by proper certificates of attendance. When the programme of study approved under Rule 5 does not include or does not consist entirely of such a course of study the Govt. servant shall submit, to the High Commissioner, or to the authority in India which sanctioned his leave, as the case may be, a diary showing how his time has been spent, and the report indicating fully the nature of the methods and operations which have been studied and including suggestions as to the possibilities of applying such methods or operations to India. The sanctioning authority in India will decide whether the diary and report show that the time of the Government servants has been properly employed, and will determine accordingly for what period the study allowance referred to in Rule 7 may be granted.
Study leave will count as service for promotion and pension but not for leave. It will not affect any leave which may already be due to a Government servant ; it will count as extra leave on half average pay and will not be taken into account in reckoning the aggregate amount of leave on half average pay taken by the Government servant towards the maximum period admissible under the Fundamental Rules.
Note :-The Secretary of State has decided that study leave as well as the special leave granted to officers in civil employ appointed to the Commonwealth Fund Service Fellowship for the period for their absence from duty in India should not be taken into account in calculating service for proportionate pension.
During study leave a Government servant will draw half average pay as defined in Rule 9(2) of the Fundamental Rules, subject to the maximum and minimum laid down in Rules 89 and 90 ibid. The rate of exchange prescribed by the Secretary of State-in-Council for the conversion of leave salary (other than that admissible during the first four months of a period of leave on average pay) shall apply to study leave allowances. A Government servant may, subject to the approval of the proper authorities being obtained as required by Rule 5 or 6, undertake or commence a course of study during leave on average pay, and subject to paragraphs 7 and 8, draw study allowance in respect thereof provided that study allowance is not drawn for an aggregate period exceeding two years, during the whole of a Government servant's service. This rule applies to military officers in civil employment taking leave under the Fundamental Rules.
Note:- A Government servant governed by the Andhra Pradesh Leave Rules, 1933 shall not be eligible for the benefit of the maximum leave salary prescribed in Rule 90 of the Fundamental Rules. He will draw during study leave half-pay subject to the limits prescribed in the Andhra Pradesh Leave Rules, 1933.
On an application for study leave in Europe or America being sanctioned by Government, it should inform the High Commissioner of the particulars of the case. When such leave is sanctioned by a Chief Commissioner, a report should be made to the Government of India, who will inform the High Commissioner. It will be necessary for the Government servant concerned to place himself in communication with the High Commissioner, who will arrange any details and issue any letters of introduction that may be required. If all cases in which study leave in any other country is sanctioned the particulars should be reported to the Government of India.
Note 1:- The Government of India have also decided that extra-ordinary leave may be taken in conjunction with study leave without regard to the maximum prescribed in Rule 2 of the Study Leave Rules.
Note 2:- (a) Government of India's orders regarding Common-wealth Fund Service Fellowships and Rockefeller Foundation Fellowships :-(i) Civilian Officers including Indian Medical Service Officers, in civil employ, appointed to the Commonwealth Fund Service Fellowships should be granted for the period of absence from duty in India special leave on half average pay which should be treated as analogous to study leave, that is, it will count as service for promotion and pension but not for proportionate pension and will not be debited against the officer's leave account.
[G.Os (Department of Education, Health and Lands) Letter 876-G, Dt. 11-6- I 929, G.O.Ms. No. 767, Public, Dt. 19-7-1929 and No. 85, Public (Services), Dt. 10-1-1934)
The Government of India have directed that, in future whenever a civilian officer including officers of the Indian Medical Service in civil employ, is appointed to a Commonwealth Fund Service Fellowship, he should be told that, as the fund grants a "travel allowance" for journeys to and from America, he should in no case draw upon his passage account for the cost of those journeys. These orders do not apply to the passage account of the officer's family.
(ii) Officers in Government service holding Rockfe/ler Foundation Fellowship should be granted the following terms :-(I) Pay that the scholars would have drawn had they remained on duty in India, subject to usual restrictions in hard currency areas. In case family allowance is granted by the Rockefeller Foundation, pay will not be admissible.
(2) No compensatory allowance will be admissible.
(3) Period of absence will be treated as duty and not as leave except in the case of those who are granted family allowance. In such cases the period of absence should be treated as extraordinary leave and as required under Rule 85 the consent of the scholar should be obtained in writing before such leave is granted.
(4) The stipend, travel expenses and other allowances, granted by the Rockefeller Foundation other than the family allowance, will be admissible.
(b) In the case of officers belonging to the State and Subordinate Service and holders of special posts selected for the Commonwealth Fund Service Fellowships, the period of absence from duty will be treated as leave. They will not be eligible for any compensatory allowance while holding the Fellowships.
RULINGS
Eligibility of Non-Gazetted Government Servants to Study
(1) The Study Leave Rules are not ordinarily applicable to non-gazetted Government servants. Any proposals for the grant of study leave to the non-gazetted Government servants under the respective control of the Union and State Governments should be sent to them for consideration only in very exceptional circumstances.
Delegation of powers to the High Commissioner
(2) Under Rule I of the Study Leave Rules the Government of India and the State Government have delegated to the High Commissioner the same powers as those possessed by him prior to the amendment published in Government of India, Finance Department Resolution No. 3-11 CSR/26, Dt. 18-1-1926, and subject to the same conditions as detailed in paragraph 3 below.
The Government of India and the State Government have delegated to the High Commissioner their powers under Rule 8 and published in Government of India, Finance Department, Resolution No. F. 12-R/128, Dt. 26-4-1928, regarding the grant of study allowance during sickness upto a limit of 14 days at one time.
Application for Grant of Concessions allowed by Study
(3) The High Commissioner for India has been permitted to exercise discretion in dealing with applications from Government servants prosecuting courses of study or tours of inspection for the grant of concessions under the Study Leave Rules particularly as regards travelling expenses (Rule 7) and fee (Rule 9), etc.
In order to enable him to deal with such applications, the reports! from India under Rule 13 of the Study Leave Rules, and the documentary evidence furnished to officers under Rule 6 conveying concurrence to the course of study should specially state whether the Government of India or the State Government concerned are prepared to meet the cost of travelling expenses or tuition fees, should the High Commissioner consider their grant desirable. A report under Rule 13 is not necessary in cases where Government servants are on leave out of India and wish to convert part of their leave into study leave or to extend their leave for study but the information will be given in the documentary evidence furnished to the Government servant under Rule 6. In the absence of this information the High Commissioner will have to consult the State Government before exercising discretion.
The limit of two years of absence includes the period of vacation if any.
(4) The limit of 28 months of absence from an officer regular duties prescribed in this rule includes the period of vacation, if any, with which study leave and other leave may be combined.
(5) Study leave is not "active service" within the meaning of Article 8, Civil Service Regulations, and it cannot count for proportionate pension under the Premature Retirement Rules.
(6) [Not Relevant].
Study allowance for the period of private work during study leave
(7) The Government of India and the State Government have agreed to the grant of study allowance to officers for the period during study leave devoted to the collating and elaborating in the form of readable report of the notes made and literature collected during their tour of inspection.
In the case of an officer granted study leave with the object of taking a definite course of study or preparing for a specific examination, attendance at an institution or supervision by a responsible authority is the normal procedure. The Study Leave Rules should be more strictly adhered to in this case and private work at home is not therefore accepted for purposes of study leave.
(8) A Government servant of a vacation department can draw study allowance during vacation if he prosecutes his studies during the period. The period of such vacation will be taken into account in calculating the maximum period of two years for which study allowance is admissible.
(9) Study leave may be granted to an officer of less than five years' service at the discretion of the authority competent to grant the leave.
