Government Servant's Acitivities for Higher Education , publication and Broadcase

Government Servant's Acitivities for Higher Education , publication and Broadcase
If your servicing in Government Department, you carried out research work, paper , article which is purely literary, artistic or scientific character then at any stage you need not necessary to take permission from your head of department. If your duties does not involve to carry out scientific or technical research then you are entitled to apply to register your PATENTS . Many Government Servants desire for future study. They may not aware material rules for their studies. e.g. If the Government or Appointing authority granted permission for Master Degree. In Master degree , you required to submit Project, Thesis , Paper. Then for publishing such thesis , article or paper there is no need of further sanction or permission from department. Following are the collection of some Rules applicable for Government servant of Maharashtra and Central Government Servant. Teaching/mecdical faculty is not covered . Many Government servant possesses talent but they did not try to upload their research work on websites. Some times, the Head of the Government Institutions may reject the permission to publish . One of the reason to reject might be lack of legal knowledge therefore to encourage research fellow who are in Government Service , the present article is prepared ) your head of the

MAHARASHTRA RULES
MAHARASHTRA CIVIL SERVICES (LEAVE) RULES –1981
CHAPTER VII- STUDY LEAVE 80. Conditions for grant of study leave (1) Subject to the conditions specified in this chapter, study leave may be granted to a Government servant with due regard to the exigencies of public service to enable him to undergo, in or out of India, 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 duty. (2) Study leave may also be granted(a) for a course of training or study tour in which a Govt. servant 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 Govt. from the point of view of public interest and is related to sphere of duties of the Govt. servant; and (b) for the purposes of studies connected with the framework or back ground of public administration subject to the conditions that-

(i) the particular study or study tour should be approved by the authority competent to grant leave, and (ii) the Govt. servant should be required to submit, on his return, a full report on the work done by him while on study leave; (c) for the studies which may not be closely or directly connected with the work of a Govt. servant, but which are capable of widening his mind in a manner likely to improve his abilities as a civil servant and to equip him better to collaborate with those employed in other branches of the public service. (3) Study leave shall not be granted unless(a) It is certified by the authority competent to grant leave that the proposed course of study or training shall be of definite advantages from the point of view of public interest; (b) It is for prosecution of studies in subjects other than academic or literary subjects: Provided that a Medical Officer may be granted leave for prosecuting a course or post-graduate study in medical sciences, if the Director of Medical Education and Research certifies to the effect that such study shall be valuable in increasing the efficiency of such Medical Officer in the performance of his duties; (c) the Department of Economic Affairs of the Ministry of Finance, Government of India 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 studies in subjects for which adequate facilities exist in India or under any of the schemes administered by the Department Economic Affairs of the Ministry of Finance or by the Ministry of Education, Government of India. 5. Study leave shall not ordinarily be granted to a Government servant a) who has rendered less than five years service under the Government; b) 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 duty after the expiry of the leave.; 6. 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. Note:- Application for study shall be considered on merits of each case in consultation, with the General Administration Department and Finance Department. 81. Maximum amount of study leave The maximum amount of study leave, which may be granted to a Government servant, shall bea) 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 under any other rules) 82. Application 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 or courses of study contemplated by the Government servant and any examination which he proposes to undergo shall be clearly specified in such application. (2) Where it is not possible for the Government servant 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 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 competent to grant the study leave for the course. 83. Sanction of study leave (1) A report regarding the admissibility of the study leave shall be obtained from the Audit Officer: Provided that the study leave, if any, already availed of by the Government servant shall be included in the report. (2) Where a Government servant borne permanently on the cadre of one department or establishment is temporarily in another department or establishment, the grant of study leave to him shall be subject to the condition that he is permanently attached is obtained before leave is granted. (3) Where the leave is granted for prosecution of studies abroad, 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 servant for issue of any letters of introduction or for other similar facilities that may be required. (4) (a) Every Government servant not in permanent employ who has been granted study leave or extension of such study leave shall be required to execute a bond in Form 7 or Form-8, in Appendix-V as the case may be, before the study leave or extension of such study leave granted to him commences. (b) Every Government servant not in permanent employ who has been granted study leave or extension of such study leave shall be required to execute a bond in Form-9 or Form-10, in Appendix as the case may be, before the study leave or extension of such study leave granted to him commences. (g) The authority competent to grant leave shall send to the Audit Officer a certificate to the effect that the Government servant referred to in clause (a) or clause (b) has executed the requisite bond. (5) (a) On completion of then course of study, the Government servant 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. 84. 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 servant. (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 regular duties of the Government servant. Explanation:- The limit of twenty eight month of absence prescribed in this sub-rule includes the period of vacation. (3) A Government servant granted study leave in combination with any other kind of leave may, if he so desires, undertaken or commence a course of study during any other kind of leave and subject to other conditions laid down in rule 87 being satisfied, draw study allowance in respect thereof: Provided that the period of such leave coinciding with the course if study shall not count as study leave. 85. Regulation of study leave extending beyond course of study When the course of study falls short of study leave granted to a Government servant, 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. 86. Leave salary during study leave (1) During study leave availed outside India, a Government servant shall draw leave salary equal to the pay (without allowances other than dearness allowance) that the Government servant drew while on duty with Government immediately before proceeding on leave, in addition to the study allowance admissible in accordance with the provisions of rules 87 to 89. (2) (a) During study leave availed in India a Government servant shall draw leave salary equal to the pay (without allowances other than dearness allowance) that the Government servant drew while on duty with Government immediately before proceeding 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 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 as scholarship, 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 during half pay leave. (d) No study allowance shall be paid during study leave for courses of study in India. 87. Conditions for grant of study allowance

(1) A study allowance shall be granted to a Government servant 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 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. (2) Where a Government servant has been permitted to receive and retain, in addition to his leave salary, any scholarship or stipend that may be awarded to him from a Government or nonGovernment source, 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 deducting the cost of fees, if any, paid by the Government servant, from the value of the scholarship or stipend or remuneration) exceeds the amount of study allowance otherwise. (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 Government servant 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 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 condition thata) the Government servant attends during vacation any special course of study or practical training under the direction of the Government or the authority competent to grant leave, as the case may be; or (b) in the absence of any such direction, he produces satisfactory evidence before the Head of the Mission or the authority competent to grant leave, as the 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. 88. Rates of study allowance (1) The rates of study allowance shall be as follows:Country Study Allowance per dien Australia 1.00 (Sterling)

Continent of Europe 1.65 (Sterling) New Zealand 1.20 (Sterling) United Kingdom 2.00 (Sterling) United States of America 2.75 (Sterling) (2) The rates of study allowance prescribed in sub-rule (1) may be revised by the Government from time to time. (3) The rates of study allowance to be granted to a Government servant who takes study leave in any country other than those specified in sub-rule(1) shall be such as may be specially determined by Government in each case 89.Procedure for payment of study allowances (1) Payment of study allowances shall be subject to the furnishing of a certificate by the Government servant to the effect that he is not in receipt of any scholarship or 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 servant 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 availed of is in a country where there is no Indian Mission in other cases, on claims submitted by the Government servant 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 servant 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 servant 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 indicating fully the nature of the methods and operations which have been studied and including suggestions as to 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 servant was properly utilised and shall determine accordingly for what period study allowances may be granted.

90. Admissibility of allowances in addition to study allowances No allowance of any kind other than the dearness allowance and study allowance shall be admissible to a Government servant in respect of the period of study leave granted to him. 91. Travelling allowance during study leave A Government servant to whom study leave has been granted shall not ordinarily be paid travelling allowance but the Government may in exceptional circumstances sanction the payment of such allowance. 92. 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 Government may sanction the grant of such fees: 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. 93. Resignation or retirement after study leave (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 after such return to duty, he shall be required to refund(a) the actual amount of leave salary, study allowance, cost of fees, travelling and other expenses, if any, incurred by the Government , and (b) 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(i) to a Government servant who, after return to duty from study leave, is permitted to retire from service on medical grounds; or (ii) 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 Government and is subsequently permitted to resign from service under the Government with a view to his permanent absorption is 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 Government may, if it is necessary or expedient to do so, either in public interest or having regard to the peculiar circumstances or 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. ******

Maharashtra Civil Services(General Conditions of Services) Rules, 1999
CHAPTER V ---- PATENTS TO GOVERNMENT SERVANTS ENGAGED IN SCIENTIFIC AND TECHNICAL RESEARCH 50. Restriction for obtaining the patent for an invention made by Government servant A Government servant whose duties involve the carrying out of scientific or technical research shall not apply for or obtain, or cause or permit any other person to apply for or obtain, a patent for an invention made by such Government servant save with the permission of Government and in accordance with such conditions as Government may impose. Note--- The general instructions issued in this connection are contained in Appendix VI. 51. Decision of Government is final on the application of rule 50 If a question arises whether rule 50 applies to a Government servant, the decision of Government shall be final. APPENDIX VI (See rule 50)
1. Instruction for regulating the Patenting of Inventions made by Government Servants under rule 50

(1) In these Instructions -(a) " Committee " means the Patents Advisory Committee. (b) " Inventor " Mans any Government servant whose duties involve carrying out of Scientific or Technical Research. (c) " Department " means Department of Government in charge of any Research Organisation. (d) " Research Organisation " means any technical or scientific establishment under Government where research work is carried out, and includes also an establishment where research work is carried out in addition to any other routine work. (e) " Secretary " means Secretary of the Patents Advisory Committee. (2) The Patent Advisory Committee will consist of the officials mentioned below: Chairman Industries Commissioner, Bombay.

Members The Director of Technical Education, Bombay. The Director of Agriculture, Pune The Director,Haffkine Institute, Bombay. The Director, Department of Chemical Technology, University of Bombay, Bombay Member - Secretary The Joint Director of Industries (Technical Development - II),Bombay. The Said Committee will have powers to co-opt not more than two members. 2. An inventor should not, without the previous permission of Government, employ a Patent Agent or disclose the invention to any person otherwise than as provided in instruction 4 or publish or join any person not connected with the invention in his application for a patent, or file a Complete Specification, or make any application for a patent in any other country. Until the Patents Advisory Committee makes a decision under instruction 19, the particulars about any invention disclosed by an inventor should be treated as confidential and deemed to belong to and held in trust for the Government. 3. Every inventor should, if so ordered, do everything necessary for obtaining a patent whether in India, or any other country under such conditions as may be prescribed by the Government. 4. Every inventor who evolves an invention should promptly disclose it to the Head of the Research Organisation where he is working. 5. Where an inventor discloses his invention to the Head of his Research Organisation with or without a request for permission to filw an application for a patent accompanied by a provisional Specification, the Head of the Research Organisation should, through a secret communication, forward the information to the Department concened together with his remarks on--(i) the connection, if any, between the invention and the inventor's official duties; (ii) the extent to which the inventor has used the facilities provided at Government expenses; (iii) whether the results are of such a nature that they should be published instead of being patented; (iv) Patenting the invention in foreigh countries; (v) the estimated needs of the Department concerned and the Government as a whole; (vi)the probable contribution to public welfare; and (vii) his recpmmendations, if any, as to further action deemed appropriate. 6. An inventor may file an application for a patent accompanied by a Provisional Specification after obtaining the permission of the Head of the Research Organisation where he is working: Provided that, in case the inventor is himself the Head of a Reseach Organisation, he may file such

application without obtaining previous permission of Government. 7. Government hereby authorises the Head of every Research Organisation to grant, in his discretion, to any inventor working under him, permission under rule 50 to file an application for a patent accompanies by a Provisional Specification: Provided that, where the Head of a Research Organisation does not deem it fit to grant the permission for instance, where the invention is likely to have utility for Defence purposes or for the Department concerned, together with his remarks. 8. Where an inventor desires to obtain permission in accordance with instruction 6, his request to the Head of his Organisation should be made on the prescribed form, shown in Annexure ' A ' which should be filed in quadruplicate. 9. If the Head of a Research Organistion decides to grant the permission, he should sign all the four copies of the forms, return one copy to the inventor, retain one copy and forward the remaining two copies alongwith copies of the Provisional Specification to the Department concerned, 10 If the request for permission is accompanied by the Complete Specification (which should be in duplicate) the Head of the Research Organisation should, through a secret communication, forward the papers to the Department concerned, together with his remarks on points referred to under subparagraphs (i) to (vii) in instruction 5. 11. Upon receipt of a communication of an invention from the Head of the Research Organisation the Department concerned should examine the case. If they consider that the results proposed to be patented are of such a nature that they should be published instead of being patented, they will refuse the inventor's request for permission to take out a patent, The Department may take such steps as they consider expedient for publishing the invention, or for otherwise disposing of the invention, On receipt of intimation of such refusal, the inventor shall abandon his application for patent, if any, filed on the basis of a provisional Specification. In all other cases the Department concerned should, within 15 days of their receipt of the communication from the Research Organisation, forward the papers to the Secretary with their recommendations. While forwarding the papers to the Secretary following documents should be supplied through a secret communication i) If the invention was disclosed unaccompanied by a request for permission to take out a patent, full particulars of the invention so disclosed; (ii) If an application has been made on the basis of a Provisional Specification, a copy each of the application and the Provisional Specification filed at the Patent Office ; and (iii) If a request for permission has been made to take out a patent on the basis of a Complete Specification, a copy of the Complete Specification. 12. Upon receipt of the foregoing communication from the Department concerned the Secretary will

submit the information for the consideration of the Committee who will consider whether the permission asked for (under rule 50) should be granted, with or without conditions. 13. If the Committee is satisfied that the invention has no connection whatsoever with the inventor's official duties, or does not fall within a technical field or activity of the Department concerned, it will, if the inventor has applied for permission to take out a patent, grant him the permission without any restriction. 14. If the Committee considers that the invention has been made in the couse of the inventor's official duties or that the invention has resulted from facilities provided at Government expense, it will decide whether an application for a patent should be made to the controller of Patents and designs on the basis of a Complete Specification. 15. If the Committee decides that an application for a patent should be made on the basis of a Complete Specification, the secretary will, if necessary, obtain from the inventor further particulars required for the drafting of the Complete Specification and take the necessary steps to prepare and file the Complete Specification within 9 months from the date of the Provisional Specification, if any. The application will be made in the name of the inventor, on the understanding that he will hold the patent in trust for the Government and will, in due course, assign his rights to the Government. 16. The Complete Specification and the drawing, if any, required for filing and presecuting the applications for patents will be prepared by the Research Organisation when facilities exist for such purposes, and in other cases, by the Secretary, or by such agency as may be appointed by the Committee. 17. All fees up to the stage of acceptance, in respect of every application prosecuted by the Secretary, will be borne by the Committee. 18. On filing a Complete Specification the Committee will consider-(i) Whether the invention should be published for free use by the public ; or (ii) whether a patent should be taken out for exploitation by Government ; or (iii) whether the inventor should be allowed to take out a patent for his own benefit. 19. If the Department or the Committee dicides that the invention should be published for free use by the public, if will refuse the inventor's request, if any, for permission and the Secretary will not prosecute the application for patent beyond the stage of its acceptance. In all such cases the Committee on the advice of the Department concened, will determine the ex-gratia payment, if any, and will advise the Department concerned accordingly. 20. If the Committee decides to take out a patent for exploitation, the Secretary will proceed with the application, and on obtaining a patent, take the necessary steps to get the inventor's under the patent assigned to the Government.

21.In all cases, where the Committee decides to take out patents for exploitation, it will decide also the manner in which the patents should be exploited. 22.Inventions which the Committee considers are of no interest to Government either for commercial exploitation or publication for free use to the public, will be returned to the inventors, if they so desire, and they will be allowed to take out patents for their own benefit subject to-(i) the reservation of the right of Govenment to use of the invention either without payment/or on such tems as the Government may consider reasonable ; (ii) the condition that the inventor will not assign or deal with or grant licence to any person without obtaining the prior pemission of the Government. ANNEXURE ' A ' (See Instruction 8 ) Secret Request for permission to file an application for a Patent accompanied by a Provisional Specification direct to the Patent Office (To be filed in quadruplicate) I/ We hereby request permission to file an application for an Indian patentaccompanied by a Provisional Specification in request of -------------------------------------------------- (here give title of invention). In consideration of grant of such permission I/We agree and declare as follows :2. I/We declare that this invention has not been evolved in the course of my/our official duties and as a result of the research and facilities provided at Government expense. 3. Four copies of the Provisional Specification which it is proposed to forward to the Controller of Patents and Designs, Calcutta (or an equivalent description of the invention) accompany this request. Immediately after despatching the application, I/we will submit two exact copies of the documents forwarded to the Controller of Patents and Designs. 4. I/We wish to apply for a patent, in my/our names(s) on the undertanding that I/we would hold the patent when granted, in trust for the Governor of Maharashtra (hereinafter called Government) and will assign the same to Government, whenever, called upon to do so. 5. I/We will, if so ordered, withdraw my/our application for a patent. 6. I/We will not file the Complete Specification in respect of this invention without the prior permission of the Government or in the manner as may be directed in the matter. 7. I/We will not apply for a patent in any other country in respect of this invention without the prior permission of the Government. Inventor's Signature.......... Designation............. Permission granted. Signature of the Head of the Research Organisation............... Designation........... Date.......... My/Ouraddress for service in India is.............

Date..................................................................Received one copy. Signature of the inventor (or inventors)............................................ Dated By order and in the name of the Governor of Maharashtra, V.PRABHAKAR, Special Secretary to Government. *******

Maharashtra Civil Services (conduct) Rules 1979
9. Prohibition against connection with press or radio (1) No Government servant shall own wholly or in part, or conduct any newspaper or other periodical publication or participate in the editing or management thereof: Provided that the Government may permit any Government servant to own or conduct any newspaper or periodical publication which contains matters of purely non-political nature or character or to participate in the editing or management thereof, and may after giving an opportunity to the Government servant to show cause against withdrawal of permission at any time withdraw the permission. (2) No Government servant shall, except with the previous sanction of the Government or of the prescribed authority or except in the bona fide discharge of his duties— (a) publish a book himself or through a publisher, or contribute an article to a book or a compilation of articles, or (b) participate in a radio broadcast or contribute an article or write a letter to a newspaper or periodical, either in his own name or anonymously or pseudonymously or in the name of any other person Provided that, no such sanction shall be required(i) if such publication is through a publisher and is purely literary, artistic or scientific character or (ii) if such contribution , broadcast or writing is of a purely literary, artistic or scientific character. (3) No Government servant shall , in any radio broadcast or in a letter to a newspaper or periodical or in any document published anonymously, or in his own name or in his own name or in the name of any other person or in any public utterance or in any public place make any statement of fact or express opinion--(a) Which has the effect of an adverse criticism of any current or recent policy or action of the Government or any other Government in India? (b) Which is capable of embarrassing the relations between the Government or any other Government in India; or (c) Which is capable of embarrassing the relations between the Government of India and the

Government of any foreign State; or (d) Which has the effect of aiming his personal grievances? Provided that, nothing in this sub-rule shall apply to any statements made or views expressed by a Government servant in his official capacity or in the due performance of the duties assigned to him.

CENTRAL RULES
F.R. & S.R. – PART III - Leave Rules, CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972 Chapter VI - Study Leave 50. Conditions for grant of study leave: (1) Subject to conditions specified in this Chapter, study leave may be granted to a Government servant with due regard to the exigencies of public service to enable him to undergo, in or out of India, a special course of study consisting of higher studies or specialized 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 servant 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 sphere of duties of the Government servant; and (ii) for the purpose of studies connected with the framework or background of public administration subject to the conditions that(a) the particular study or study tour should be approved by the authority competent to grant leave; and (b) the Government servant should be required to submit, on his return, a full report on the work done by him while on study leave; (iii) for the studies which may not be closely or directly connected with the work of a Government servant, but which are capable of widening his mind in a manner likely to improve his abilities as a civil servant and to equip him better to collaborate with those employed in other branches of the public service. NOTE.- Application for study leave in cases falling under clause (iii) shall be considered on merits of each case in consultation with the Department of Expenditure of the Ministry of Finance.

(3) Study leave shall not be granted unless(i) it is certified by the authority competent to grant leave that the proposed course of study or training shall be of definite advantage from the point of view of public interests; (ii) it is for prosecution of studies in subjects other than academic or literary subject: Provided that an officer of the Indian Economic Service or Indian Statistical Service may be granted study leave for prosecuting a course of study for obtaining Ph.D., on a research thesis, subject to the conditions that(a) the subject of research and the institution at which such research is to be undertaken are got approved by the Chief Economic Adviser to the Government of India, in case the applicant is a member of the Indian Economic Service, or by the Director, Central Statistical Organization, in case the applicant is a member of the Indian Statistical Service; (b) the applicant obtains a certificate from the said authority to the effect that such study will be valuable in the matter of increasing the efficiency of the officer in the performance of his duties as a member of the Indian Economic Service or the Indian Statistical Service, as the case may be; and (c) in cases where the study is to be undertaken at a foreign university, the applicant obtains a further certificate that the facilities for research on the particular subject chosen for study are not available at any University or other Institution in India: Provided further that a Medical Officer may be granted study leave for prosecuting a course of postgraduate study in Medical Sciences if the Director-General of Health Services certifies to the effect that such study shall be valuable in increasing the efficiency of such Medical Officer in the performance of his duties: Provided also that a specialist or a technical person may be granted study leave, on merits of each case for prosecuting a postgraduate course of study directly related to the sphere of his duty in case the Head of the Department or the Secretary to the Department or Ministry concerned certifies that the course of study shall enable the specialist or the technical person, as the case may be, to keep barest with modern development in the field of his duty, improve his technical standards and competence and thus substantially benefit the Department or Ministry. (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: Provided that in releasing foreign exchange to Government servants proceeding on study leave

abroad, the Department aforesaid shall satisfy itself whether such Government servant comply with the minimum educational criteria as specified in the general orders issued by the said Department from time to time regulating release of foreign exchange to persons proceeding abroad for higher studies at their expense. (4) Study leave out of India shall not be granted for the prosecution of studies in subjects for which adequate facilities exist in India or under any of the Schemes administered by the Department of Economic Affairs of the Ministry of Finance or by the Ministry of Education. (5) Study leave may be granted to a Government servant(i) who has satisfactorily completed period of probation and has rendered not less than five years’ regular continuous service including the period of probation under the Government; (ii) who is not due to reach the age of superannuation from the Government service within three years from the date on which he is expected to return to duty after the expiry of the leave; and (iii) who executes a Bond as laid down in Rule 53(4) undertaking to serve the Government for a period of three years after the expiry of the leave. (6) 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. [51. Maximum amount of study leave: (1) The maximum amount of study leave, which may be granted to a Government servant, other than Central Health Service Officers, 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 rules). (2) In respect of Central Health Service Officers, study leave may be granted for thirty-six months for acquiring post graduate qualification, subject to the condition that a Central Health Service Officer who has been granted such study leave shall execute a bond under sub-rule (4) of rule 53 to serve the Governemnt for a period of five years after completion of the study course.] 52. 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 or courses of study contemplated by the Government servant and any examination which he proposes to undergo shall be clearly specified in such application. (2) Where it is not possible for the Government servant 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 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 competent to grant the study leave for the course. 53. Sanction of study leave: (1) A report regarding the admissibility of the study leave shall be obtained from the Audit Officer: Provided that the study leave, if any, already availed of by the Government servant shall be included in the report. (2) Where a Government servant borne permanently on 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 attached is obtained before the leave is granted. (3) Where the study leave is granted for prosecution of studies abroad, the Head of the Mission concerned shall be informed of the fact by the authority granting the leave, provided that where such leave has been granted by an Administrator, the intimation shall be sent through the Ministry concerned. NOTE:- The Head of the Mission shall be contacted by the Government servant for issue of any letters of introduction or for other similar facilities that may be required. (4)(a) Every Government servant in permanent employ who has been granted study leave or extension of such study leave shall be required to execute a Bond in Form 7 or Form 8, as the case may be, before the study leave or extension of such study leave granted to him commences. (b) Every Government servant not in permanent employ who has been granted study leave or extension of such study leave shall be required to execute a bond in Form 9 or Form 10 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 Audit Officer a certificate to the effect that the Government servant referred to in Clause (a) or Clause (b) has executed the

requisite bond. 5(a) On completion of the course of study, the Government servant 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. 54. 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 servant. (2) Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. Explanation:- The limit of twenty-eight months/thirty six months of absence prescribed in this subrule includes the period of vacation. (3) A Government servant granted study leave in combination with any other 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 57 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. 55. Regular of study leave extending beyond course of study: When the course of study fall short of study leave granted to a Government servant, 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.
2[56.

Leave Salary during study leave:

(1) Except as provided in sub-rule (6), during Study Leave availed of outside India, a Government servant shall draw Leave Salary equal to the pay that the Government servant drew while on duty with Government immediately before proceeding on such leave and in addition the Dearness Allowance, House Rent Allowance and Study Allowance as admissible in accordance with the provisions of Rules 57 to 60.

(2) Except as provided in sub-rule (6), during Study Leave availed of in India, a Government servant shall draw Leave Salary equal to the pay that the Government servant drew while on duty with Government immediately before proceeding on such leave and in addition the Dearness Allowance and House Rent Allowance as admissible in accordance with the provisions of Rule 60. (3) Payment of leave salary at full rate under sub-rule (2) 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. (4) The amount, if any, received by a Government servant during the period of Study leave as scholarship or stipend or remuneration in respect any part-time employment as envisaged in subrule (2) of Rule 57, 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. (5) No study allowance shall be paid during Study Leave for courses of study in India. (6) During the currency of Study Leave within or outside India on or after 1st day of January 1996, a Central Government servant shall draw benefits of Revised Pay from the date such revision took place.] 57. Conditions for grant of study allowance: (1) A study allowance shall be granted to a Government servant who has been granted study leave for studies outside India 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. (2) Where a Government servant has been permitted to receive and retain, in addition to his leave salary, any scholarship or stipend that may be awarded to him from a Government or nonGovernment 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 deducting the cost of fees, if any, paid by the Government servant 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 Government servant interrupts his course of study to suit his own convenience: Provided that the authority competent to grant leave or the Head of Mission may authorize 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) Deleted. (5) 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 servant attends during vacation any special course of study or practical training under the direction of the Government or the authority competent to grant leave, as the case may be; or (b) in the absence of any such direction, he produces satisfactory evidence 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. (6) The period for which Study Allowance may be granted shall not exceed 24 months in all. 58. Rates of Study Allowance: (1) The rates of Study Allowance shall be as follows:Name of the Country Study allowance per diem Australia ... £ 1.00 (Sterling) Continent of Europe ... £ 1.65 '' New Zealand ... £ 1.20 '' United Kingdom ... £ 2.00 '' United States of America ... £ 2.75 '' (2) The rates of Study Allowance prescribed in sub-rule (1) may be revised by the Central Government from time to time. (3) The rates of Study Allowance to be granted to a Government servant who takes study leave in any country other than the one specified in sub-rule (1) shall be such as may be specially determined by the President in each case. 59. Procedure for payment of study allowance:

(1) Payment of study allowance shall be subject to the furnishing of a certificate by the Government servant 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 servant 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 recognized 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 servant 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 terms, if the Government servant 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 servant 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 indicating fully the nature of the methods and operations which have been studied and including suggestions as to the possibility of adapting 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 servant was properly utilized and shall determine accordingly for what periods Study Allowance may be granted. 60. Admissibility of allowances in addition to Study Allowance: (1) For the first 3[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. (2) Except for house rent allowance as admissible under sub-rule (1) and the Dearness

Allowance and the Study Allowance, where admissible, no other allowance shall be paid to a Government servant in respect of the period of study leave granted to him. 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. 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: 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 after such return to duty or fails to complete the course of study and is thus unable to furnish the certificates as required under sub-rule (5) of Rule 53 he shall be required to refund(i) the actual amount of leave salary, Study Allowance, cost of fees, traveling and other expenses, if any, incurred by the Government of India; and (ii) the actual amount, if any, of the cost incurred by other agencies such as foreign Government, 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 (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 subrule (1) by the Government servant concerned or class of Government servants.

*******

THE ALL INDIA SERVICES (CONDUCT) RULES, 1968
6. Connection with press or radio—Previous sanction of the Government shall not be required when the member of the service, in the bonafide discharge of his duties or otherwise, publishes a book or contributes to or participates in a public media. Provided that he shall observe the provisions of rules and at all times make it clear that the views expressed, are of his own and not those of the Government. 7. Criticism of Government.—No member of the Service shall, in any radio broadcast or communication over any public media or in any document published anonymously, pseudonymously or in his own name or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion,— i.Which has the effect of an adverse criticism of any current or recent policy or action of the Central

Government or a State Government; or ii. which is capable of embarrassing the relations between the Central Government and the Government of any Foreign State: iii. which is capable of embarrassing the relations between the Central Government and any State Government; or Provided that nothing in this rule shall apply to any statement made or views expressed by a member of the Service in his official capacity and in the due performance of the duties assigned to him. (GOI Instructions: D.P. & A.R. letter No. 11017/9/75—AIS(III), dated the 2nd March, 1976, reproduced under Miscellaneous Executive Instructions at the end of these Rules) 9. Unauthorised communication of information. — No member of the Service shall except in accordance with any general or special order of the Government or in the performance in good faith of duties assigned to him, communicate directly or indirectly any official document or part thereof or information to any Government servant or any other person to whom he is not authorised to communicate such document or information. Explanation.—Quotation by a member of the Service (in his representations to the Head of Office or Head of Department or President) of, or from, any letter circular or office memorandum or from the notes on any file to which he is not authorised to have access, or which he is not authorised to keep in his personal custody or for personal purposes, shall amount to authorised communication of information within the meaning of this rule. IV. PROCEDURE TO BE FOLLOWED IN ACCEPTING OFFERS OF SCHOLARSHIPS/ FELLOWSHIPS AND OTHER KINDS OF GRANTS FROM FOREIGN/ INTERNATIONAL INSTITUTIONS. (i) Offers from correspondence with foreign Governments/institutions for visits abroad/grant of scholarships/fellowships or grants.— The State Governments or the members of the All India Services individually should not negotiate directly with foreign Governments/institutions/agencies and international organisations including Indo-Foreign Cultural Organisations for the grant of Scholarships/fellowships/grants to the members of the All India Services or offers to visit abroad. When such offers of fellowships etc., or offers to visit abroad are received by the State Governments not meant for a particular member of the Service directly from the foreign Governments or organizations the State Government should forward the communication together with the names of the members of All India Services, whom the State Government would like to sponsor for the scholarships, fellowships, etc., to the Ministry/Department of the Government of India who are concerned with the particular Service. (At the same time the State Government should acknowledge receipt of the offers from the foreign

Government of organisation concerned and inform them that all future correspondence in the matter should be addressed by them to the Government of India, Ministry of External Affairs). In other words, such invitations are not to be processed by the State Government or accepted by the members of the All India Services without the approval of the Ministry of External Affairs through the (i) Department of Personnel and Administrative Reforms in the case of the members of the Indian Administrative Service, (ii) the Ministry of Home Affairs in the case of the members of the Indian Police Service and (iii) the Ministry of Environment &Forests in the case of the members of the Indian Forest Service. If however, such offers of fellowship, etc. or offers to visit abroad are addressed to a member of the Service direct or addressed to the State Government intended for a particular member of the Service by the foreign Government, foreign organisation etc., the State Government should straightaway reject the offer made by the foreign Government or foreign organisations, without approaching the Central Government seeking the I concurrence for permitting the members of the service concerned to accept the offer. The question of selection of a member of the Service for fellowship or travel a grant should be left to the Government to decide and not the foreign Governments, foreign organisations etc. The intention behind this restriction is to discourage the possibility of foreign Governments, foreign organisations etc. exercising patronage by means of travel grants etc., and conversely the possibility of members of the Service compromising their positions in some way as a result of these facilities. The names of the members of the All India Services whom the State Government would like to recommend for such fellowships, training courses or travel grants in response to such offers should be sent to the concerned Ministry/Department referred to above who would process the case in consultation with the other Ministries of the Government of India. (ii) Open advertisements by Central Ministries for foreign fellowships.— Applications of members of the All India Services response touch advertisements may be forwarded by the State Governments to the concerned Ministries direct. (iii) Open advertisements by foreign agencies for foreign fellowships.— Applications of the members of the All India Services in response to such advertisements should be routed through (i) the Department of Personnel and Administrative Reforms in the case of the members of the Indian Administrative Service, (ii) the Ministry of Home Affairs in the case of the Members of the Indian Police Service, and (iii) the Ministry of Environment and Forest in the case of the members of the Indian Forest Service. (iv) Officers who wish to go abroad for higher studies at their own cost.—Members of the All India Services who wish to go abroad for higher studies at their own cost may be permitted to seek admission in foreign educational institutions for higher studies in subjects which are advantageous for, or directly relevant to, the discharge of the duties usual o the service to which they belong,

provided they do not apply for financial assistance in the form of fellowships, scholarships, travel grants etc. from the educational institutions. If they want to make any request for financial assistance they should rout their requests through (i) the Department of Personnel and Administrative Reforms in the case of the members of the Indian Administrative Service, (ii) the Ministry of Home Affairs in the case of the Indian Police Service and (iii) the Ministry of Environment & Forests in the case of the member of the Indian Forest Service. 2. Whenever a member of an All India Service goes abroad for a fellowship, training course etc., a copy of the orders issued by the State Governments may be endorsed to the (i) Secretary to the Government of India, Department of Personnel and Administrative Reforms and the Establishment officer to the Government of India, in the case of a member of the Indian Administrative Service, (ii) Secretary to Government of India, Ministry of Home Affairs in the case of a member of the Indian Police Service, and (iii)Secretary to Government of India, Ministry of Environment & Forests the case of members of the Indian Forest Service. 3. The present procedure has been reviewed in the light of the Government’s policy to encourage higher studies in specialized areas by officers in order to gain greater knowledge and exposure to the international environment and also to special areas of learning. In view of the fact that the present system is far too stringent and causes difficulties and delays in the processing of applications because by which officer might miss the opportunity of getting admission etc. The procedure has been simplified as underi) A member of the service applying for higher studies to a reputed foreign university/training institution would require no prior permission of the Government but would be required to keep Government informed of his intention to apply to such universities and also indicate the subjects of study he proposes to pursue. (ii) In case the member of the service is applying for financial assistance to the concerned university which is of standard nature and is available on open merit based criteria, namely, university fellowships, teaching assistantship research assistantship or tuition waiver, Government may only be kept informed. (iii) In case the member of the service proposes to receive financial assistance from any other foreign source which is not of the type mentioned in (ii) above, prior permission of the Government would have to be taken. (iv) The question of taking leave or study leave is a separate issue and would have to be dealt with after the officer obtains admission and applies for the leave. 4. The Government may, however, at any time disallow the officer from pursuing his application for

admission of financial assistance in cases where Govt. is of the view that a member of the service has utilized his official influence to obtain the same or if the Government feels that such course of action is not in the interest of the Government. [Letter No. 11017/18/91-AIS(III)dated 1.7.91.] 5. The above instructions are issued in super session of Ministry of Home Affairs letter No. 6/14/69—AIS(III), dated 21-7-1970 and letter of the same number dated the 6th July, 1971 of the (Deptt of Personnel). [Deptt. of Personnel and A.R. letter No. 9/26/71—AIS(III), dated 25-7-1973]. VIII. JOIN CORRESPONDENCE/EVENING COURSES 1. Permission to join correspondence/evening courses may be given if it is not detrimental to official duties and can be withdrawn at any time: - References are being received in the Department from various Ministries/Departments of the Government of India regarding requests of members of all India Services for Government’s permission for joining correspondence courses, evening classes, language classes etc. 2. The Ministry/Department may examine case on merits and grant necessary permission subject to the following conditions:— (i) The permission does not ipso facto confer any right on the member of the continued posting at a particular station for the duration of the course. (ii) Pursuit of studies by the member of the service should be without detriment to the efficient discharge of his official duties. (iii) The grant of permission will not entitle the member of the service to leave office by any particular time every day. On occasions requiring his presence in office beyond the office hours, he will stay in office till the time required. (iv) The Government will accept no responsibility for his failure to complete the percentage of compulsory attendance prescribed for the course if any, of this account. (v) The permission will not entitle the member of the service to claim leave either for preparation or for the duration of examination. Leave, if any, required for this purpose will be sanctioned subject to title of any exigencies of work. (vi) The Government reserves the right to withdron the permission at any time without assigning any reason. [DP & AR O.M. No. 11017/44/77—AIS(III), dt. 29-12-77.] GOVERNMENT OF INDIA’S DECISIONS UNDER RULE 13 1. Income from literary, cultural or artistic efforts, which are not aided by the knowledge acquired by the member in the course of his service, is not `fee’ for the purpose of SR 12 and can be retained by the officer in full: - A question arose, whether a member of the service could accept royalty of service for his

the publication of a book of literary, artistic, or scientific character and also whether such royalties were to be treated as ‘Fee’ under supplementary Rule 12. It has been decided that the income from literary, cultural or artistic efforts, which are not aided by the knowledge acquired by the member in the course of his service, is not `fee’ for the purpose of SR 12 and can be retained by the officer in full. In other cases, SR 12 will apply and 1/3rd or the amount above Rs. 250 will have to be credited to the Consolidate Fund of India/State. [G.I. M.H.A. letter No. 16/12/59—AIS(III), dated 15th June, 1959]. GOVERNMENT OF INDIA’S DECISIONS UNDER RULE 6 AND RULE 13(4) 1. There is no objection to radio broadcasts or contributions to newspapers, periodicals, etc. on matter relating to sports being made by members of the Service without prior sanction of the Government. [G.I. M.H.A. letter No. 7/23/56—AIS II, dated 27th April, 1956] 2. State Governments can permit a moS to submit thesis for Ph.D. etc. if there are not likely to interfere his due discharge of duties: - A question arose, whether members of the Service can be permitted to submit thesis for Ph.D. etc., the Govt. of India advised that the State Governments themselves could decide each individual case on merits. If the State Government are satisfied that the proposed course of studies is not likely to Interfere with the efficient discharge of officer’s duties, they may, at their discretion, permit the officer. [G.I. M.H.A. F. No. 8/76/62—AIS(III) dated] 3. Sanction of the Government is not necessary for publication of books/articles of literary, artistic or scientific character: - Sanction of the Government is not necessary for publication of a book or article by a member of the service if the ‘work’ is of literary, artistic or scientific character and is not aided by his official duties but the officer should take care that in publishing the book he does not contravene provisions of rule 6 or any other provisions of the All India Services (Conduct) Rules, 1968. 2. Provisions of S.R. 12 are also not attracted in such cases. [G.I. M.H.A. F. No. 8/35/62—AIS(III)] 5. Prior sanction of the Government is necessary under rule 13(4) for accepting remuneration for publication of books/articles of purely literary, artistic or scientific character, though permission is not required for their publication under rule 6: - According to rule 6 of the All India Services (Conduct) Rules, 1968, a member of an All India service is not required to obtain the previous sanction of the Government for publishing a book or for contributing an article to a newspaper, periodical etc. If the subject matter of the book or contribution is of a purely literary, artistic or scientific character and, in the case of a book, it is published through a publisher. A question has

been raised as to whether in such cases a member of an All India Service should obtain the sanction of the Government for accepting remuneration for such publication. 2. Sub-rule (4) of rule 13 ibid provides that no member of an al India Service shall accept any fee for any work done for any public body on for any private person without the sanction of the Government. This provision is independent of the provision contained in rule 6. As such even though a member of an All India Service is not required to obtain the sanction of the Government for publishing a book etc. on a purely literary artistic or scientific subject he has to obtain the sanction of the Government for accepting any remuneration, for the work from a source other than the Consolidated Fund of India or the Consolidated Fund of a State. Similarly, in cases where a member of an All India Services, is required to obtain the sanction of the Government, under rule 6, for the publication of the book etc. the sanction under rule 6, does not automatically imply sanction of the Government under sub-rule (4) of rule 13, and, in cases where the provisions of the sub-rule are attracted, specific sanction there under is necessary. 3. The question whether any portion of the fee, received for the work, should be credited to the Government, is to be decided in accordance with Supplementary Rule 12, as far as the members of and All India Service serving in connection with the affairs of the Union are concerned. In the case of a member of an I.A.S. serving in connection with the affairs of a State, this matter may be regulated by the rules, regulations and orders, applicable to the members of the State Civil Service Class I of that State. (Department of Personnel and A.R. No. 5/4/73—AIS(III), dated 27-4-73). 5. Greater care/discretion should be taken about the provisions of the Official Secrets Act, 1923, while giving permission to serving/retired officers to publish books/articles: - It has been brought to the notice of the Government that some retired officers have published books/articles, which revealed sensitive information on certain operation pertaining to the security of the State/having a bearing on the sovereignty and integrity of India. It has also been noted that such disclosures are not only likely to embarrass the Govt. and the officers concerned, whose names has been revealed, but they are also likely to perilously affect cordial and friendly relations with foreign States. Administrative Ministries/ Departments/Authorities should very carefully and critically review such instances and ensure that necessary follow-up action as envisaged in the Official Secrets Act, 1923/relevant Pension Rules governing the conditions of pension of retired Govt. servants, are taken in time, as and when necessary. Even more important would be the need to exercise greater care/discretion at the time of according permission to serving the case may be, for publication of material which would attract the provisions of the Official Secrets Act, 1923.
(DP&T letter No. 11017/48/92—AIS(III) dated 4.2.1993)

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The Central Civil Services (Conduct) Rules, 1964
(3) Permission to participate in the AIR programmes and to receive honorarium therefor A reference is invited to this Ministry’s Office memorandum No. 25/05/47-Est., dated the 16th June, 1947, on the subject mentioned above (not reproduced). With the issue of the Central Civil Services (Conduct) Rules, 1955 Government servants are now not required to obtain any sanction to broadcast on All India Radio if such broadcasts are purely literary, artistic or scientific character. In such cases the onus of ensuring that the broadcasts are of such a character rests on the Government servant concerned. 2. A Question has, however, arisen whether the permission of competent authority is now necessary for the purpose of acceptance of honorarium under F.R. 46(b) by a Government servant in such cases. The matter has been considered by this Ministry in consultation with the Ministries of Finance and Information and Broadcasting and it has been decided that in cases in which no sanction is required for such broadcasts, no permission is necessary for Government servants to receive the honorarium. 3. In cases where sanction to broadcast is necessary, such sanction, if given, should be taken to carry with it also the sanction to receive the honorarium. 4. These orders have been issued after consultation with the Comptroller and Auditor General and are applicable to employees of the Indian Audit and Accounts Department also.
[MHA OM No. 25/32/56-Ests.(A), dated 15.01.1957]

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