Study Leave

 

 STUDY LEAVE

( Rule 197 of WBSR Part- I)

Leave may be granted to Government employees on such terms as Government may by general order prescribe to enable them to study scientific. technical or similar problems or to undergo special courses of instruction. Such leave unless otherwise decided by Government, is not debited against the leave account.

1. Conditions for grant of study leave.-- (1) Subject to the conditions speci fied in this Appendix, study leave may be granted to a Government employee with due regard to the exigencies of public service to enable him to undergo, in or out of West Bengal/India, a special course of study consisting of higher studies of specialised training in a professional or a technical subject having a direct and close connection with the sphere of his duty.

(2) Study leave may also be granted---

 (i) for a course of training or study tour in which a Government employee may not attend a regular academic or semi-academic course if the course of training or the study tour is certified to be of definite advantage to Government from the point of view of public interest and is related to the sphere of duties of the Government employee.

(ii) for the purpose of studies connected with the framework or back-ground of public administration subject to the conditions that 

(a) the particular study or study tour shall be approved by the authority competent to grant leave; and

 (b) the Government employee shall be required to submit, on his return, a full report on the work done by him while on study leave, and

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

Note:

Application of study leave in cases falling under clause (iii) shall be considered on ments of each case in consultation with the Department of Finance.

(3) Study leave shall not be granted unless

(i) it is certified by the authority competent to grant leave that the pro posed course of study or training shall be of definite advantage from the point of view of public interest,

(ii) it is for prosecution of studies in subjects other than academic or literary subject, 

(iii) the Department of Economic Affairs of the Ministry of Finance agrees to the release of foreign exchange involved in the grant of study leave, if such leave is outside India.

(4) Study leave out of India shall not be granted for the prosecution of stud ies in subjects for which adequate facilities exist in India or under any of the Schemes administered by this Government or by the Government of India.

(5) Study leave shall not ordinarily be granted to a Government employee-------

 (i) who has rendered less than five year's service under the Govern ment,

(ii) who is due to retire, or has the option to retire, from the Govern ment service within three years of the date on which he is expected to return to duty after the expiry of the leave.

(6) Study leave shall not be granted to a Government employee with such frequency as to remove him from contact with his regular work or to cause cadre or service difficulties owing to his absence on leave.

2. Maximum amount of study leave.-The maximum amount of study leave which may be granted to a Government employee shall be -------

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

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

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

(b) The course of study contemplated by the Government employee and any examination which he proposes to undergo shall be clearly specified in such application.

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

4. Sanction of study leave.-(1) A report regarding the admissibility of the study leave shall be obtained from the Head of Office:

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

(2) Where a Government employee borne permanently of the cadre of one department or establishment is serving temporarily in another department or establishment, the grant of study leave to him shall be subject to the condition that the concurrence of the department or the establishment to which he is permanently attache is obtained before leave is granted.

(3) Where the study leave is granted for prosecution of studies broad, the Head of the Mission concerned shall be informed of the fact by the authority granting the leave.

Note:

The Head of the Mission shall be contacted by the Government employee for issue of any letters of introduction or for other similar facilities that may be required.

(4) (a) Every Government employee in permanent employ who has been granted study leave or extension of such study leave shall be required to ex ecute a bond in Form 2 or Form 3, as the case may be, before the study leave or extension of such study leave granted to him commences.

(b) Every Government employee not in permanent employ who has been granted study leave or extension of such study leave shall be required to ex ecute a bond in Form 4 or Form 5, as the case may be, before the study leave or extension of such study leave granted to him commences.

(c) The Authority competent to grant leave shall send to the Head of Office a certificate to the effect that the Government employee referred to in clause (a) or clause (b) has executed the requisite bond.

(5) (a) On completion of the course of study, the Government employee shall submit to the authority which granted him the study leave, the certificates of examinations passed or special courses of study undertaken, indicating the date of commencement and termination of the course with the remarks, if any, of the authority-in-charge of the course of study.

(b) If the study is undertaken in a country outside India where there is an Indian Mission, the certificates shall be submitted through the Head of the Mission concerned.

(6) The competent authority to grant study leave is the Government only.

5. Accounting of study leave and combination with leave of other kinds. (1) Study leave shall not be debited against the leave account of the Government employee.

(2) 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 a total absence of more than twenty-eight months from the regu lar duties of the Government employee.

Explanation.--- The limit of twenty-eight months of absence prescribed in this sub-rule includes the period of vacation.

(3) A Government employee granted study leave in combination with any kind of leave may, if he so desires, undertake or commence a course of study during any other kind of leave and subject to the other conditions laid down in rule 8 being satisfied, draw study allowance in respect thereof:

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

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

7. Leave salary during study leave.-(1) During study leave availed of out side India, a Government employee shall draw leave salary equal to the pay (without allowances other than the dearness allowance) that the Government employee drew while on duty with Government immediately before proceeding on such leave, in addition to the study allowance admissible in accordance with the provisions of rules 8 to 10.

(2) (a) During study leave availed in India, a Government employee shall draw leave salary equal to the pay without allowances that the Government employee drew while on duty with Government immediately before proceed ing on such leave.

(b) Payment of leave salary at full rate under clause (a), shall be subject to furnishing of a certificate by the Government employee 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 employee during the period of study leave as scholarship or stipend or remuneration in respect of any part-time employment as envisaged in sub-rule (2) of rule 8, shall be ad justed against the leave salary payable under this sub-rule subject to the con dition that the leave salary shall not be reduced to an amount less than that payable as leave salary during half pay leave.

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

Note:

A Government employee who is granted study leave shall be entitled to draw house rent allowance during the first 120 days of the study leave at the rate admissible to the Government employee from time to time at the station from where he proceeded on study leave. The continuance of payment of house rent allowance beyond 120 days of the study leave shall, however, be subject to the production of certificates as prescribed.

8. Conditions for grant of study allowance.-(1) A study allowance shall be granted to a Government employee who has been granted study leave for studies outside 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.

(2) Where a Government employee has been permitted to receive and re tain, in addition to his leave salary, any scholarship or stipend that may be awarded to him from a Government or non-Government sources, or any other remuneration in respect of any part-time employment

(a) no study allowance shall be admissible in case the net amount of such scholarship or stipend or remuneration (arrived at by deduct ing the cost of fees, if any, paid by the Government employee from the value of the scholarship or stipend or remuneration) exceeds the amount of study allowance otherwise admissible,

(b) in case the net amount of scholarship or stipend or remuneration is less than the study allowance otherwise admissible, the difference between the value of the net scholarship or stipend or any other remuneration in respect of any part-time employment and the study allowance may be granted by the authority competent to grant leave.

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

Provided that the authority competent to grant leave or the Head of Mission may authorise the grant of study allowance for a period not exceeding 14 days at a time during such interruption if it was due to sickness.

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

(a) the Government employee attends during vacation any special course of study or practical training under the direction of the Gov ernment or the authority competent to grant leave, as the case may be; or

(b) in the absence of any such direction, he produces satisfactory evi dence before the Head of the Mission or the authority competent to grant leave, as the case may be, that he has continued his studies during the vacation:

Provided that in respect of vacation falling at the end of the course of study it shall be allowed for a maximum period of 14 days.

(5) The period for which study allowance may be granted shall not exceed 24 months in all.

9. Rates of study allowance.-The rates of study allowance for countries abroad shall be at the rates fixed by Government of India for its employees from time to time.

10. Procedure for payment of study allowance.-(1) Payment of study al lowance shall be subject to the furnishing of a certificate by the Government employee to the effect that he is not in receipt of any scholarship, stipend or any other remuneration in respect of any part-time employment.

(2) Study allowance shall be paid at the end of every month provisionally subject to an undertaking in writing being obtained from the Government em ployee that he would refund to the Government any overpayment consequent on his failure to produce the required certificate of attendance or on his failure to satisfy the authority competent to grant leave about the proper utilization of the time spent for which study allowance is claimed.

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

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

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

(b) The authority competent to grant leave shall decide whether the diary and report show that the time of the Government employee was properly utilised and shall determine accordingly for what periods study allowance may be granted.

11. Admissibility of allowances in addition to study allowance.-No allow ance of any kind other than dearness allowance and house rent allowance referred to in Note below rule 7 and study allowance where admissible, shall be admissible to a Government employee in respect of the period of study leave granted to him. 

12. Travelling allowance during study leave.-A Government employee to whom study leave has been granted shall not ordinarily be paid travelling al lowance but the Governor may in exceptional circumstances sanction the pay ment of such allowance.

13. Cost of fees for study. A Government employee to whom study leave has been granted shall ordinarily be required to meet the cost of fees to be paid for the study but in exceptional cases, the Governor may sanction the grant of such fees:

Provided that in no case shall the cost of fees be paid to a Government employee who is in receipt of scholarship or stipend from whatever source or who is permitted to receive or retain in addition to his leave salary, any remu neration in respect of part-time employment.

14. Resignation or retirement after study leave.-(1) If a Government em ployee resigns or retires from service or otherwise quits service without return ing 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----

(i) the actual amount of leave salary, study allowance, cost of fees, travelling and other expenses, if any, incurred by the Government,

(ii) the actual amount, if any, of the cost incurred by other agencies, such as foreign Governments, foundations and Trusts in connection with the course of study, together with interest thereon at rates for the time being in force on Government loans, from the date of demand, before his resignation is accepted or permission to retire is granted or his quitting service otherwise:

Provided that nothing in this rule shall apply----

(a) to a Government employee who, after return to duty from study leave, is permitted to retire from service on medical grounds; or

(b) to a Government employee 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 Gov ernment with a view to his permanent absorption in the said statutory or autonomous body or institution in the public inter est.

(2) (a) The study leave availed of by such Government employee shall be I converted into regular leave standing at his credit on the date on which the study leave commences, 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 so converted, treated as extraordinary leave.

(b) In addition to the amount to be refunded by the Government employee under sub-rule (1), he shall be required to refund any excess of leave salary actually drawn over the leave salary admissible on conversion of the study leave.

(3) Notwithstanding anything contained in this rule, the Governor may, if it is necessary or expedient to do so, either in public interest or having regard to the peculiar circumstances of the case or class of cases, by order, waive or reduce the amount required to be refunded under sub-rule (1) by the Govern ment employee concerned or class of Government employees.