Rule - 1.
(1)
These rules may be called the Assam
Study Leave Rules, 1963.
(2)
They shall come into force at once.
Rule - 2. Definitions.
(1)
In these rules, unless the context
otherwise requires:
(a)
"Head of Indian 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 Government servant undergoes a course of study or training;
(b)
"Audit Officer" means such
officer as may be appointed by the Comptroller and Auditor General of India.
(2)
All other words and expressions used
in these rules, but not defined shall have the meanings respectively assigned
to them in the Fundamental Rules.
Rule - 3. Conditions for the grant of study leave.
(1)
Subject to the conditions prescribed
in these rules, study leave may be granted to a Government servant, in or out
of India, with due regard to the exigencies of public service, to enable him to
undergo 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 duties or with work in the teaching line in
the technical and professional subjects.
(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;
(ii)
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.
(3)
Study leave out of India shall not be
granted for prosecution of study or undergoing training in subjects for which
adequate facilities exist in India or under any of the schemes administered by
the State Government or the Government of India.
(4)
Study leave shall not ordinarily be
granted to a Government servant
(i)
who has rendered less than 5 year's
service under the State Government;
(ii)
who is due to retire or has the option
to retire from the Government service within three years of the date on which
he is expected to return to his duties after expiry of the leave.
Rule - 4. Maximum period of study leave.
[(1) A Government servant may be granted study leave upto
three times during his/her service life within the limitation that the total
study leave period during his/her entire service life shall not exceed
24(twenty four) months];
(2) A Government servant granted study leave in combination
with any other kind of leave may, if he so desires, commence his study before
the end of other kind of leave but the period of such leave coinciding with the
course of study shall not count as study leave.
Rule - 5. Regulation of study leave extending beyond the course of study.
When
the course of study or training falls short of study leave sanctioned, a
Government servant shall resume duty on the conclusion of the course of study
or training unless the previous assent of the Government to treat the excess
period of study leave as ordinary leave has been obtained.
Rule - 6. Grant of study and other allowance.
(1)
A study allowance shall be granted for
the period of study leave which may include the period spent in
prosecuting a definite course of study or training at a recognised institution
as also the period covered by any examination at the end of the course of the
study.
(2)
(a) The rates of study allowance shall
be as follows but may be revised from time to time
|
Name of Country
|
Study allowance per diem
|
|
United of Kingdom
|
16$
|
|
Continent of Europe
|
-1
|
|
United States of America
|
30$
|
(b)
The rate of study allowance to be granted to a Government servant who takes
study leave in other countries and in India shall be such as may be specially
determined by Government.
(c)
No allowance of any kind, other than study allowance shall be admissible to a
Government servant in respect 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 Government servant that he would refund to Government any
over payment.
(4)
A Government servant 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 training under the direction of the Government or the
authority competent to sanction study leave, as the case may be; or
(ii)
in the absence of any such direction,
he may produce satisfactory evidence before the Head of Mission, or the
authority competent to sanction study leave, as the case may be that he has
continued his studies during the vacation;
(iii)
no study allowance shall be drawn
during vacation falling at the end of the course of study except for a maximum
period of fourteen days.
(5)
Study allowance shall not be granted
for any period during which a Government servant interrupts his course of study
or training to suit his own convenience:
Provided
that the Government may authorise the grant of study allowance for any period
not exceeding 14 days at a time during which a Government servant is prevented
by sickness, duly certified by a registered medical practitioner, from persuing
his course of study or training.
(6)
In the case of definite course of
study or training at a recognised institution, the study allowance shall be
payable by the Government if the study leave availed of is in India or in a
country where there is no Indian Mission, and by the Head of the Indian Mission
in other cases on claim submitted by Government servant from time to time,
supported by proper certificate of attendance.
(7)
The certificate of attendence required
to be submitted in support of the claims of study allowance shall be forwarded
at the end of the term, of the Government servant is undergoing study or
training in an educational institution, or at intervals not exceeding three
months, if he is undergoing study or training at any other institutions.
(8)
When the programme of study or
training approved does not include or does not consist entirely of such a
course of study or training, the Government servant shall submit to the
Government or Head of Indian 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
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 Government servant was properly employed and shall determine accordingly
for what periods study allowance may be granted.
(9)
A Government servant who is permitted
to receive and retain, in addition to the leave salary, admissible under Rule
10, any scholarship or stipend from a Government or non-Government source or
remuneration in respect of a part-time employment shall not be entitled to any
study allowance.
In
case where special reasons exist, such a Government servant may be granted by a
special order, the difference between the
value
of the net scholarship or stipend or remuneration and the usual allowance,
provided that the value of scholarship or stipend or the amount of remuneration
is less than the study allowance that would be admissible to him but for the
scholarship or stipend or remuneration.
Rule - 7. Cost of fees for study.
A
Government servant study leave is ordinarily required to meet the cost of fees
paid for course of study or training. In exceptional cases Government may
consider proposal for the grant of such fees.
Rule - 8. Execution of bond.
A
Government servant, who has been granted study leave shall be required to
execute a bond as given in Appendix 'A' annexed to these rules before the study
leave is granted, and furnish suitable surety for due fulfilment of the Bond.
As soon as the Bond is executed the leave sanctioning authority shall forward a
certificate to the Accountant General, Assam to the effect that the Government
servant has executed the requisite Bond.
Rule - 9. Registration and retirement.
(1)
If a Government servant resigns or
retires from the service without returning to duty after a period of study
leave or within a period of three years after such return to duty, he shall be
required to refund the full amount of leave salary, study allowance, cost of
fees, travelling and other expenses, if any, drawn by him for the period of
study leave, together with interest thereon from the date of demand at the rate
applicable to Government loans, before his resignation is accepted or
permission to retire is granted:
Provided
that the Government may relax this provision where a Government servants is, on
return to duty, from study leave, forced to retire from service on medical
grounds.
(2)
The study leave availed of by such a
Government servant shall be converted into regular leave standing to his credit
on the date on which the study have 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 can not be so converted,
treated as extraordinary leave. In addition to the amount to be refunded by the
Government servant under the 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 as above.
Rule - 10. Leave salary during study leave.
[(1) During study leave availed of outside India, a
Government servant shall draw leave salary equal to the pay that the Government
servant draw while on duty with Government immediately before proceeding on
such leave and in addition the dearness allowance and house rent allowance.]
[(2) (a) During study leave availed of in India, a
Government servant shall draw leave salary equal to the pay that the Government
servant draw while on duty with Government immediately before proceeding on
such leave and in addition the dearness allowance and house rent allowance.
(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 a scholarship or stipend or remuneration in respect of any part time
employment 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.]
Rule - 11. Counting of study leave for promotion, pension, seniority and increment.
(1)
Study leave shall count as service for
promotion, pension, seniority and increments, provided that in the case of a
Government servant who, at the time of proceeding on study leave was
officiating in a higher post, study leave shall count for increments to the
extent indicated by Government from time to time.
(2)
The period spent on study leave shall
not count for leave [deleted].
(3)
In the case of Government servant to
whom the leave rules in the Fundamental Rules apply, study leave will not count
as service for leave. It will not affect any which may already be due to a
Government servant, it will count as extra leave [Deleted].
Rule - 12. Cancellation of Study Leave.
If
the selected candidate commits breach of any provision of these rules or fails
to join the place of study or training within the prescribed period of
discontinuous the course of study or training or does not make satisfactory
progress in the course for which study leave is granted or is recalled or sent
back for misconduct his leave shall be cancelled, and the provision of Rule 9
shall apply to the extent indicated by Government in the order cancelling the
study leave:
Provided
that Government may authorise continuance or study leave in any case in which
they are satisfied that the candidate discontinued the study or training, or
failed to join the place of study or training, within the prescribed limit on
account of illness or for any other clause beyond his control.
Rule - 13. Procedure for making application for study leave and grant of such leave.
The
procedure for 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
Rules.
APPENDICES
APPENDIX A
I- Bond
to be executed by permanent Government servant proceeding on study leave
Know
All Men by these presents that I ................ resident of..................
in the District of.................. at present employed
as........................ in the Department of/Office of................ do
hereby bind myself, my heirs executors and administrators to pay to the
Governor of Assam (hereinafter referred to as The Government) on demand and
without demur the 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, or, if the payment is made in a
country other than India, the equivalent of the said amount in the currency of
that country converted to official rate of exchange between that country and
India and together with all costs between attorney and client and all charges
and expenses that shall and may have been incurred by the Government.
Dated
this ..................... day of ................. on thousand nine hundred
and.......................................
Whereas
the above bounden ...................... is granted study leave by Government;
And
whereas for the better protection of the Government the 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 ................... interrupting his course of study or training to
suit his own convenience or changing the programme of study or training
approved from time to time, or 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 three years after his return to duty he shall
forthwith pay to the Government on demand and without demur 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 Government.
Signed
and delivered by the above bounden......... ................. in the presence
of......................
Accepted
for and on behalf of the
Government
of Assam.
II- Bond for temporary Government servants proceeding
on study leave
Know
All Men by these presents that We................... resident
of.................. in the District of.................... at ...............
present employed as ......................... in the Department/Office of the
......................... (hereinafter referred to as "the obligor")
and Shri..........................son of............................of and
Shri.................................son
of.........................of.................... sureties on his behalf do hereby
jointly and severally bind overselves, our respective heirs, executors and
administrator to pay to the Governor of Assam (hereinafter referred to as
"the Government") on demand and without demur the 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 or, if the payment is made in a country other than
India equivalent of the said amount in the currency of the country converted at
the official exchange between that country and India and 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 the
Government.
And
whereas for the better protection of Government the above bounden has agreed to
execute this bond with such condition as hereunder is written.
And
whereas the said.................and.................... have agreed to execute
this bond on behalf of the above bounden .......................
Now
the condition of the above written obligation is that the event of the above
bounden............................ interrupting his course of study or
training to suit his own convenience or changing the programme of study
approved from time to time or resigning or retiring from service without returning
to duty or training after the expiry or termination of the period of study
leave or at any time within a period of three years after his return to duty he
shall forthwith pay to Government on demand and without demur 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 loan.
And
upon the above bounden obligor Shri................ ................and, or
Shri.........................and, or Shri....... ............... the sureties
aforesaid 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:
Provided
always that the liabilities of the sureties hereunder shall not be impaired or
discharged by reason of time being granted or by any forebearance act or
omission of the Government or any person authorised by them (Whether with or
without the consent or knowledge of the sureties) nor shall it be necessary for
the Government to see the said obligor before suing the above bounden sureties
Shri.......................and Shri...................or any of them for
amounts due hereunder.
Stamp
duty payable on this bound shall be borne and paid by Government.
Signed
and delivered by the bounden in the presence of
Shri.......................................
Signed
and delivered by the surety above named
................................................................ in the
presence of...........................................................
Singned
and delivered by the surety above named
.............................................................. in the presence
of............................................................
Accepted
for and on behalf of
the
Government of Assam.
APPENDICES
APPENDIX A
I- Bond
to be executed by permanent Government servant proceeding on study leave
Know
All Men by these presents that I ................ resident of..................
in the District of.................. at present employed
as........................ in the Department of/Office of................ do
hereby bind myself, my heirs executors and administrators to pay to the
Governor of Assam (hereinafter referred to as The Government) on demand and
without demur the 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, or, if the payment is made in a
country other than India, the equivalent of the said amount in the currency of
that country converted to official rate of exchange between that country and
India and together with all costs between attorney and client and all charges
and expenses that shall and may have been incurred by the Government.
Dated
this ..................... day of ................. on thousand nine hundred
and.......................................
Whereas
the above bounden ...................... is granted study leave by Government;
And
whereas for the better protection of the Government the 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 ................... interrupting his course of study or training to
suit his own convenience or changing the programme of study or training
approved from time to time, or 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 three years after his return to duty he shall
forthwith pay to the Government on demand and without demur 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 Government.
Signed
and delivered by the above bounden......... ................. in the presence
of......................
Accepted
for and on behalf of the
Government
of Assam.
II- Bond for temporary Government servants
proceeding on study leave
Know
All Men by these presents that We................... resident
of.................. in the District of.................... at ...............
present employed as ......................... in the Department/Office of the
......................... (hereinafter referred to as "the obligor")
and Shri..........................son of............................of and
Shri.................................son of.........................of....................
sureties on his behalf do hereby jointly and severally bind overselves, our
respective heirs, executors and administrator to pay to the Governor of Assam
(hereinafter referred to as "the Government") on demand and without
demur the 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 or, if the payment is made in a country
other than India equivalent of the said amount in the currency of the country
converted at the official exchange between that country and India and 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 the
Government.
And
whereas for the better protection of Government the above bounden has agreed to
execute this bond with such condition as hereunder is written.
And
whereas the said.................and.................... have agreed to execute
this bond on behalf of the above bounden .......................
Now
the condition of the above written obligation is that the event of the above
bounden............................ interrupting his course of study or
training to suit his own convenience or changing the programme of study
approved from time to time or resigning or retiring from service without
returning to duty or training after the expiry or termination of the period of
study leave or at any time within a period of three years after his return to
duty he shall forthwith pay to Government on demand and without demur 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 loan.
And
upon the above bounden obligor Shri................ ................and, or
Shri.........................and, or Shri....... ............... the sureties
aforesaid 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:
Provided
always that the liabilities of the sureties hereunder shall not be impaired or
discharged by reason of time being granted or by any forebearance act or
omission of the Government or any person authorised by them (Whether with or
without the consent or knowledge of the sureties) nor shall it be necessary for
the Government to see the said obligor before suing the above bounden sureties
Shri.......................and Shri...................or any of them for
amounts due hereunder.
Stamp
duty payable on this bound shall be borne and paid by Government.
Signed
and delivered by the bounden in the presence of
Shri.......................................
Signed
and delivered by the surety above named
................................................................ in the
presence of...........................................................
Singned
and delivered by the surety above named
.............................................................. in the presence
of............................................................
Accepted
for and on behalf of
the
Government of Assam.
APPENDIX B
Procedural
instructions for making application for study leave and grant of such leave
1.
The Administrative Department shall draw up a definite
programme of course of study or training including the number of persons to be
trained in each course in consultation with the Planning and Development and
Finance Departments. The programme may be revised from time to time.
2.
All applications for study leave shall be submitted in
the form prescribed in Schedule to this Appendix with the Audit Officer's
certificate to Government through proper channel. If the course of study is out
of India, Government shall forward to the Head of the Indian Mission in that
Country if there is such a Mission in that country, a copy of the approved
programme of study or training. In a case where it is not possible for the
Government servant 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 the Indian Mission or the Government as the case may be. In such cases
he shall not, unless prepared to do so at his own risk, commence the course of
study or training nor incur any expenses in connection therewith until receives
approval of Government to the course which may include any programme of tour
also.
3.
(1) On an application for study leave out of India being
sanctioned by Government, it shall inform the Head of the Indian Mission, if
there is such a Mission in that country of the particulars of the case.
(2)
The Government servant shall also place himself in communication with the Head
of the Indian Mission (if there is such a Mission in that country) who will
arrange any details and issue any letter of introduction that may be required.
4.
The continuation of study leave will depend on the
satisfactory progress and favoruable report from the Head of the Institution in
which the Government servant is prosecuting studies or receiving training. Such
report shall be called for at least once a year by the Administrative
Department.
5.
On completion of a course of study or training a
certificate in proper from together with certificate of examinations passed or
special courses of study or training undertaken, indicating the date of
commencement and termination of the course with remarks, if any, of the
authority in charge of the course of study on training, shall be forwarded to
the Head of the Indian Mission concerned. When the study leave has been taken
in India or any other country where there is no Indian Mission, such
certificate shall be forwarded to the Government which sanctioned the study
leave.
SCHEDULE
FORM TO BE USED BY GOVERNMENT SERVANTS IN MAKING
APPLICATION FOR STUDY LEAVE
1.
Name in full
2.
Father's name in full and present
address
3.
Post held
4.
Pay and allowances drawn in the
present post. (Indicate special pay, if any, separately)
5.
Educational qualification together
with School/College/University certificates (attested copies) and the subjects
studied in the Intermediate, degree and post graduate examinations
6.
Other special qualification, (Give
full particulars)
7.
The period of continuous service under
Government
8.
Age on 1st January (According to
Matric or any other equivalent certificate, attach attested copy)
9.
Have you taken study have previously?
(If yes give full particulars of the total period of leave taken so far, the
courses of study or training undertaken and examination or examinations passed)
10.
Course of study/training and
examination, if any, proposed to be undertaken, (Give full details of the
programme of the study/training showing its duration as also the name of the
country and the institution in which it is proposed to be taken)
The
facts stated above are true to the best of my knowledge and belief. In case of
any false statement, I am liable to any action Government may deem fit and
proper.
|
Date...................
|
Signature of the applicant
|
To be used by the Administrative Department
1.
Where the course of higher
study/specialised training has a direct and close connection with sphere of
duty of the Government servant and shall be definite advantage from the point
of view of public interest:
2.
Whether it will be possible to spare
the services of the Government servant for the duration of study leave without
creating cadre difficulties:
3.
(a) Whether the application is for
leave out of India. If so, whether a certificate of admisiblity has been
obtained from the Audit Officer:
(b)
If the application is for leave in India, whether Audit Officer's certificate
has been obtained in respect of Gazetted Government Servants. In the case of
non-gazetted Government servants the appointing authority's certificate as to
the admissibility of the leave should be obtained.
4.
Whether adequate facilities exist in
India or under any of the schemes administrative by the State Government or
the Government of India for the study/training contemplated:
5.
Whether all the conditions of Rule 3
of the Assam Sudy Leave Rules, 1963 have been fulfilled.
6.
Any special remark as to ability of
the candidate:
Secretary
to the Government of Assam
in
the...............................Department.