Rules made by the Governor under rule 84 of the Uttar Pradesh Fundamental Rules

NOTE—The rules in this chapter apply only to government servants under the rule-making power of the Governor. They do not apply to Secretary of State’s officers to whom the Study Leave Rules reproduced below Fundamental Rule 84 in Part I of this volume apply.

146-A. The following rules have been made by the Governor to regulate 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. These rules relate to study leave only. They are not intended to meet the case of government servants deputed to other countries at the instance of the Government, either for the performance of special duties imposed on them or for the 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 Uttar Pradesh Fundamental Rules. These rules apply to the Public Health and Medical Research Departments, the Civil Veterinary Department, the Agricultural Department, the Education Department, the Public Works Department and the Forest Department (except in respect of Continental tours, to which special rules apply). The rules may be extended by the Government to any government servant not belonging to any of the departments mentioned above in whose case they may be 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 Department does not effect the existing rules under which government servants are allowed to visit engineering works when on leave in Great Britain.

1. The powers under these rules may be delegated by the Government to the High Commissioner for India, subject to any conditions they may think fit to impose.

2. 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, provided that when a government servant borne permanently on the cadre of one department is serving temporarily in another department the grant of leave is subject to the conditions (a) that local arrangements can be made to carry on his work in his absence, and (b) that the recommendation of the 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 year’s, or to government servants within three years of the date at which they have the option of retiring.

3. Study leave shall be granted with due regard to the exigencies of the public service. In no case the grant of this leave, in combination with leave other than extraordinary leave or leave on medical certificate, shall 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 servant’s service; nor shall 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 twelve months at one time will ordinarily be regarded as a suitable maximum, and shall not be exceeded save for exceptional reasons.

Audit instructions regarding rule 3

The limit of 28 months of absence from a government servant’s regular duties prescribed in this rule includes the period of vacation, if any, with which study leave and other leave may be combined.

4. A government servant whose study leave is combined with any other kind of leave should be required to take his period of study leave at such a time as to retain, at its conclusion, a balance of other previously sanctioned leave sufficient to cover the period spent in returning to duty.

5. When a government servant has been granted a definite period of study leave and finds subsequently that his course of study will fall short of the sanctioned period to any considerable extent, his absence from duty shall be reduced by the excess period of study leave unless the Government permit him to take that period as ordinary leave.

6. Except as provided in rule 7, all applications for study leave should be submitted with the Accountant General’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, the head of department should also forward to the Secretary to 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 connexion therewith, until he receives approval to the course through the High Commissioner.

7. Government servants on leave in Europe of 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 connexion 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 the particular course, or examination has the approval of the Government. 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 Government is received. Similarly, government servants on leave in the United Kingdom who desire to have it extended for purposes 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 Government to their applying for an extension of leave. They must also produce documentary evidence of the concurrence of the Government to the grant of study leave and/or study allowance.

8. 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 at least broad outline by the Government in accordance with rules 6 and 7 above, and unless, in cases, where it has not been found possible to submit full particulars to the Government, it has been approved in detail by the High Commissioner before it is begun.

9. 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 work, 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 16s. a day in the United Kingdom, £1 a day on the continent of Europe, and 30s. 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 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.

10. Study allowance will be admissible up to fourteen 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 allowance may be given at the discretion of the Government for any period up to fourteen days at one time during which the government servant 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, and 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 study leave mentioned above, which cannot be so converted, will be excluded in reckoning service for pension.

11. Government servants granted study leave are ordinarily required to meet the cost of fees paid for courses of study. In exceptional cases the Government will be prepared to consider proposals that such fees should be paid by the Government.

12. On completion of a course of study a certificate on the proper from (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 on 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-Government. In the case of a definite course of study at a recognized institution the study allowance will be payable by the High Commissioner for India, as the case may be, on claim submitted by the government servant from time to time, supported by proper certificates of attendance. When the programme of study approved under rule 6 does not include or does not consist entirely of such course of study, the government servant shall submit to the High Commissioner or to the Government, 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 suggestion as to the possibility of applying such methods or operations to India. The Government will decide whether the diary and report show that the time of the government servant has been properly employed, and will determine accordingly for what period the study allowance referred to in rule 9 may be granted.

13. 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; 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 Uttar Pradesh Fundamental Rules.

NOTE—In the case of government servants recruited on or after 1st January, 1936, study leave will be counted as extra leave on half average pay calculated in accordance with the provisions of clause (2) of rule 87-A of the Uttar Pradesh Fundamental Rules.

14. During study leave a government servant will draw half average pay as defined in rule 9 (2) of the Uttar Pradesh Fundamental Rules, subject to the maxima and minima laid down in rules 89 and 90 ibid. The rate of exchange prescribed for the conversion of leave (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 6 or 7, undertake or commence a course of study during leave on average pay and, subject to rules 9 and 10, draw study allowance in respect there-of provided that study allowance is not drawn for an aggregate period exceeding two years during the whole period of a government servant’s service.

NOTE—In the case of government servants recruited on or after 1st January, 1936, "leave on average pay" occurring for the second time in this paragraph should be taken to mean "earned leave" and the term "during the first four months of a period of leave on average pay" shown within brackets in this paragraph should be taken to mean "earned leave not exceeding 120 days".

Audit instruction regarding rule 14

A government servant of the vacation department can draw daily allowance during vacation if he prosecutes his studies during the period. The period of such a vacation will be taken into account in calculating the maximum period of two years for which study allowance is admissible.

15. On an application for study leave in Europe of America being sanctioned by the Government, it should inform the High Commissioner of the particulars of the case. 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. In all cases in which study leave in any other country is sanctioned, the particulars should be reported to the Government of India.

Orders of the Governor regarding the above rules

(1) A member of the Provincial Medical Service may be permitted to take ordinary study leave not exceeding one year in the course of his service and in addition to it further study leave not exceeding three months for each post-graduate course from attendance at which he is excused for the purpose of undertaking professional studies eleswhere.

(2) Extraordinary leave may be taken in conjunction with study leave without regard to the maximum prescribed in rule 3 of the rules reproduced above.

(3) The High Commissioner for India has been allowed to exercise discretion in dealing with applications from government servants on study leave for the grant of concessions under the study leave rules (e.g. travelling expenses and fees under rules 9 and 11). To assist the High Commissioner in dealing with such applications, it should be stated in the report furnished with reference to rule 15, or in the documentary evidence referred to in rule 7 in the case of a government servant on leave out of India who may get a part of his leave converted into study leave, whether the Government are prepared to meet the cost of travelling expenses or tuition fees should the High Commissioner consider their grant desirable.

(4) With reference to rules 6 and 15 of the above rules a government servant granted study leave should submit a programme of the study to the High Commissioner for India before embarking on a course of study irrespective of the fact whether the study leave is granted in India or the application for leave is made in England.

(5) Government servants on leave in England who desire to obtain the assistance of the High Commissioner in securing facilities for study should not apply to the High Commissioner without the authority of the Government.

(6) With reference to rule 9 of the rules reproduced above, the following rates of allowances are fixed for government servants permitted to take study leave in India:

Rupees 3 per day for all places other than Calcutta, Madras and Bombay, and a special rate of Rs. 5 per day for these three places.

(7) With reference to rules 9, 11 and 12 of the above rules the Government have delegated powers to the High Commissioner for India in the following matters:

(1) to fix the rate of study allowance to be granted to government servants who take study leave in countries other than Europe or the United States of America;

(2) to grant, in exceptional cases, subsistence allowance and travelling expenses in addition to study allowance;

(3) to grant, in exceptional cases, the cost of fees paid for courses of study in addition to study allowance; and

(4) to decide, in the case of government servants who take study leave in countries other than Europe and America whether the report and diary of the-government servant show that his time has been properly employed, and accordingly to determine the period for which the allowance should be granted.

The delegations in items (1) to (3) are subject to the following conditions:

(1) that in cases where there is any difficulty or doubt a reference is made to the Government; and

(2) that in deciding whether the concessions should be granted, the general principles which guided past practice are observed and that any deviation from the broad lines of policy already accepted is referred to the Government.

(8) With reference to rule 10, of the above rules, the Government have delegated powers to the High Commissioner to grant study allowance for any period up to fourteen days at one time during which a government servant is prevented by sickness duly certified by a medical practioner from pursuing a sanctioned course of study.

(9) When a government servant applies for study leave, he should submit with his application—

(a) an estimate of the expenses to which he expects to be put;

(b) a statement of the financial arrangements that he will make to meet those expenses; and

(c) a signed agreement to the effect that he under takes to serve the Government for a period of at least three years from his return to duty; and, in the event of a branch of this agreement, to pay to the Government the expenditure actually incurred by them on his study leave.

When considering an application for study leave, Government will also consider whether the applicant is in a position to meet the consequent expense.