Rule 60 — CCS

60. Admissibility of allowances in addition to Study Allowance (1) For the first (180) days of the Study Leave, House Rent Allowance shall be paid at the rates admissible to the Government servant from time to time at the station from where he proceeded on study leave. The continuance of payment of House Rent Allowance beyond (180) days shall be subject to the production of a certificate as prescribed in Para.8

(d) of Ministry of Finance, O.M. No.2 (37)-E.II (B)/64, dated 27-11-1965, as amended from time to time. (DOPT Notification No. 13023/1/82-Estt. (L), dated 16.04.1983) (DOPT Notification No. 11014/3/89-Estt. (L), dated 21.01.1992)

(2) Except for house rent allowance as admissible under sub-rule (1) and the Dearness Allowance, where admissible, no other allowance shall be paid to a Government servant in respect of the period of study leave granted to him. (DOPT Notification No. 13023/1/2017-Estt.(L), dated01.01.2018)

61. Travelling Allowance during study leave A Government servant to whom study leave has been granted shall not ordinarily be paid Travelling Allowance but the President may in exceptional circumstances sanction the payment of such allowance.

NOTE- Where a Government servant serving in the Indian Audit and Accounts Department is on study leave in India, the Comptroller and Auditor-General of India may, in exceptional circumstances, sanction the grant of Travelling Allowance.

Provided that in no case shall the cost of fees be paid to a Government servant 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 remuneration in respect of part-time employment.

NOTE- Where a Government servant serving in the Indian Audit and Accounts Department is on study leave in India, the Comptroller and Auditor-General of India may, in exceptional circumstances, sanction the grant of the cost of fees paid for the study.

63. Resignation or retirement after study leave or non-completion of the course of study. (1) If a Government servant resigns or retires from service or otherwise quits service without returning to duty after a period of study leave or within a period of [three years (five years in the case of Central Health Service Officer who has been granted thirty-six months' leave under sub-rule (2) of Rule 51) after] such return to duty or fails to complete the course of study and is thus unable to furnish the certificates as required under subrule (5) of Rule 53, he shall be required to refund— (DOPT Notification No. 1302615/2010-Estt. (L), dated 05.08.2011)

(i) the actual amount of leave salary, cost of fees, travelling and other expenses, if any, incurred by the Government of India; and (DOPT Notification No. 13023/1/2017-Estt.(L), dated 01.01.2018)

(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 except in the case of employees who fail to complete the course of study nothing in this rule shall apply—

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

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

65. Power to relax Where any Ministry or Department of Government of India is satisfied that the operation of any of these rules causes undue hardship in any particular case, that Ministry or Department, as the case may be, maybe order, for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner:

(b) to a Government servant 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 Government with a view to his permanent absorption in the said statutory or Autonomous body or Institution in the public interest.

(2)

(a) The study leave availed of by such Government servant shall be converted into regular leave standing at his 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.

(b) In addition to the amount to be refunded by the Government servant 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 President 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 Government servant concerned or class of Government servants.

Provided that no such order shall be made except with the concurrence of the Ministry of Personnel, Public Grievances and Pensions. (DOPT Notification no. 11012/1/85-Estt.(L) dated 06.06.1988)

CHAPTER VII - Miscellaneous 64. Interpretation Where any doubt arises as to the interpretation of these rules, it shall be referred to the Government of India in the Ministry of Personnel, Public Grievances and Pensions for decision. (DOPT Notification no. 11012/1/85-Estt.(L) dated 06.06.1988)

(2) Notwithstanding such cesser of operation, anything done or any action taken or any leave earned by, or granted to, or accrued to the credit of a Government servant, under the old rule, shall be deemed to have been done, taken, earned, granted or accrued under the corresponding provisions of these rules.

66. Repeal and saving (1) On the commencement of these rules, every rule, regulation or order, including Office Memorandum (hereinafter referred to in this rule as the old rule) in force immediately before such commencement shall, in so far as it provides for any of the matters contained in these rules, cease to operate.

2. 3. Special Disability Leave Study Leave NOTE 2.—. If the Government servant is serving with a State Government, the State Government or such authority as may be specified by that Government:

(a) While taking decision to grant or refuse leave preparatory to retirement prior concurrence of lending authority under the Central Government shall be obtained:

(b) * Not printed. In case the lending authority under the Central Government is not agreeable to the refusal of leave preparatory to retirement, it shall be granted to the Government servant and if the State Government needs the services of the officer during that period, the Government servant may be re-employed by that Government concurrently with the leave preparatory to retirement and leave salary regulated in accordance with the provisions of sub-rule (6) of Rule 40.

(i) Ministry/Department of the Central Government.

(ii) Administrator.

(iii) Comptroller and AuditorGeneral.

(iv) Head of Department.

(v) Any other authority which is the appointing authority.

(i) Ministry/Department of the Central Government.

(ii) Administrator.

(iii) Comptroller and AuditorGeneral.

-:: 53 ::- THE SECOND SCHEDULE [See Rule 3 (h)] FORM 1 [See Rule 14] APPLICATION FOR LEAVE OR FOR EXTENSION OF LEAVE