INDIAN INSTITUTE OF TECHNOLOGY (INDIAN SCHOOL OF MINES),

DHANBAD

LEAVE RULES

The Board of Governors enacts the following Leave Rules for the employees of
the Indian Institute of Technology (Indian School of Mines), Dhanbad:-

1 (1) These rules shall come into force from such date as the Board may
appoint therefore.

(2) The leave rules shall be applicable to all employees of the Institute,
whether regular or temporary, on contract in a pay scale unless
otherwise stated differently in their appointment letters/ contract,
or they are governed by any other terms and conditions of service.

2. Definitions

In these rules, unless the context otherwise requires:-

(a) "Commuted Leave" means leave as provided under paragraph 19.

(b) “Vacation” means vacation declared during the intervening periods

of two academic Semesters for the vacation employees of the
Institute.

(c) "Completed years of service" means continuous service of the

specified duration under the Institute and includes periods spent
on duty as well as on deputation and extraordinary leave.

(d) "Earned Leave" means leave earned in respect of periods spent on

duty.

(e) "Half Pay Leave" means leave earned in respect of completed years
of service calculated according to the provisions hereinafter
contained.

(f) “Holidays” means a holiday notified as such by the Institute.

(g) "Leave" includes earned leave, half-pay leave, commuted leave,

leave not due, and extraordinary leave.

(h) “Leave salary” means the monthly amount paid to an Institute

employee on leave.

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 (i) "Sabbatical Leave" means leave granted to any member of the
academic staff for any of the objects mentioned in the following
paragraph 27.

(j) “Leave Year” means the calendar year, i.e. the period commencing
from January 1 to December 31 of the year.

(k) “Pay” means the monthly amount drawn by an Institute employee

and will include:

(i) Basic Pay

(ii) Dearness Allowance Pay
(iii) Dearness Allowance
(iv) Special Pay
(v) Personal Pay
(vi) Any other payment which may be specifically treated as pay
by the Board.

(l) “Average pay” means the average of salary of 10 calendar months

prior to the month in which the leave commences. Half average pay
means half of the average pay as defined above.

(m) “Vacation employee” means that employee who is entitled to the

summer, Puja and winter vacations.

3. Vacation

1. The Institute shall declare summer, winter and Puja vacations during
the intervening periods of two semesters in each calendar year.
The Institute may also declare a mid -semester break in each
semester for the students of Bachelor’s and Master’s Programmes,
which may be availed by the employees involved in teaching.
2. The Institute shall notify the Departments/Academic Centers in
which the teachers and such other academic staff as the Institute
may declare therefor, from time to time, shall be eligible to avail
vacation. Such employees shall be called the Vacation Staff. The
employees, other than teachers of the designated Departments/
Academic Centers and such other academic staff as have been
declared Vacation Staff, shall be treated as Non-Vacation staff.
3. The Institute will notify the period of the summer and winter
vacations each year. The total period of the vacations so declared
shall not be less than 60 days in any given calendar year. However,
a member of the vacation staff cannot avail more than 60 days of
vacation in a calendar year.

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 Provided that a member of the Vacation Staff entitled to vacation
shall not be allowed to proceed on vacation and/ or leave station
until he certified that he has completed all the examination and
other related works assigned to him/her.

Note :(i) Vacation employees can be assigned academic or

administrative duties by the Controlling Officer/
Institute during the vacations.
(ii) Those not availing vacation shall have earned leave
accrued as per rules provided hereafter.
(iii) Vacation may be combined with any other kind of
leave.
(iv) During the first year of service (including the period of
probation) a member of vacation staff shall not be
entitled to vacation. However, such staff shall accrue
earned leave on pro-rata basis as per rules given under
Section 20 of the rules.

4. Right of Leave

Leave cannot be claimed as a matter of right and, when the exigencies so

demand, leave of any description may be refused or revoked by the
authority empowered to sanction the leave.

5. Authority empowered to sanction Leave

(1) Applications for leave shall be addressed to the Board by the

Director and to the Director by the other members of the staff.

(2) Leave may be sanctioned by the Director or by a member of the

staff to whom the power has been delegated by the Director.

(3) The Board may sanction leave to the Director, but the Director can
avail himself of casual leave on his own authority.

6. Commencement and Termination of Leave

(1) Leave ordinarily begins from the date on which leave as such is ac-
tually availed of and ends on the day preceding the one on which
duty is resumed.

(2) Saturdays, Sundays and other holidays or the vacation may be

prefixed as well as suffixed to leave, as applicable, subject to any
limit of absence on leave prescribed under each category of leave.

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7. Combination of Leave

Except as otherwise provided in these ruels, any kind of leave under

these rules may be granted in combination with or in continuation of any
other kind of leave, subject to any limit on the aggregate period of
absence as may be prescribed in such cases.

8. Grant of Leave beyond the Date of Retirement and in the Event of

Resignation

(1) No leave shall be granted beyond the date on which a member of

the staff must compulsorily retire.

Provided that the authority empowered to grant leave may allow

any member of the staff, who had been denied earned leave in
whole or in part on account of exigencies of service, the whole or
any portion of the earned leave so denied even though it extends to
a date beyond the date on which such member of the staff must
compulsorily retire.

Provided further that a member of the staff whose service has been
extended in the interest of public service beyond the date of his
compulsory retirement, or who has been reemployed after his
superannuation may be granted earned leave as under:

(i) During the period of extension, any earned leave due in

respect of the period of such extension and to the extent
necessary, the earned leave which would have been granted
to him under the preceding proviso had he retired on the
date of compulsory retirement;

(ii) After the expiry of the period of extension

(a) the earned leave which could have been granted to him
under the preceding proviso, had he retired on the
date of compulsory retirement, diminished by the
amount of such leave as availed of during the period of
extension and

(b) any leave earned during the period of extension as has

been formally applied for as preparatory to final
cessation of his duties in sufficient time during the
period of extension and refused to him on account of
exigencies of public service and/ or the interest of the
Institute;

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 (v) In determining the amount of earned leave due during the
period of extension the earned leave, if any, admissible under
the preceding proviso shall be taken into account.

Note: For the purpose of this paragraph, a member of the staff may be
deemed to have been denied leave only if a sufficient time before
the date on which he must compulsorily retire or the date on
which his duties finally cease he has either formally applied for
leave and been refused it on the ground of exigencies of service or
has ascertained in writing from the sanctioning authority that
leave, if applied for, would not be granted on the aforesaid ground.

(2) If any employee of the Institute resigns, he shall not be granted

either prior or subsequent to his/her resignation, any leave due to
his/her credit provided that the Director, may, in any case, grant
leave to an employee prior to his/ her resignation if, in the opinion
of the Director, the circumstances of the case justify such grant of
leave.

Provided also that the Director may set-off any leave due to an
employee against his/her prescribed notice period for resignation.

9. Conversion of one kind of leave into another kind

1. At the request of a member of the staff the sanctioning authority

may convert any kind of leave including extraordinary leave,
retrospectively into leave of a different kind which may be
admissible as on the day on which the member of staff proceeded
on leave; but the member of the staff cannot claim such conversion
as a matter of right.

2. If one kind of leave is converted into another, the amount of leave

salary and allowances admissible shall be recalculated and either
the arrears of leave salary and allowances shall be paid or amount
overdrawn shall be recovered, as the case may be.

10. Rejoining of Duty on Return from Leave on Medical Grounds

A member of the staff, who has been granted leave on medical grounds,
shall be required to produce a medical certificate of fitness before
resuming duty.

11. Rejoining of Duty before the Expiry of Leave

Except with the permission of the authority which granted the leave, no
member of the staff on leave may return to duty before the expiry of the
period of leave granted to him.
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12. General

(1) Leave should always be applied for and sanctioned before it is

taken, except in cases of emergency and for satisfactory reasons.
They shall, however, inform the Controlling Authority at the earliest
of the reasons for leave of absence.

(2) Continuous temporary service followed by permanent service

without any break shall be included in permanent service for the
purpose of computation of leave.

13. Kinds of Leave

(1) The following kinds of leave shall be admissible to members of the

staff:-

(a) Casual Leave,

(b) Special Casual Leave,
(c) Project Leave,
(d) Special Leave,
(e) Half-Pay Leave,
(f) Commuted Leave,
(g) Earned Leave,
(h) Extraordinary Leave,
(i) Maternity/Paternity Leave,
(j) Leave to a female employee on adoption of a child,
(k) Hospital Leave,
(l) Quarantine Leave,
(m) Leave not Due,
(n) Sabbatical Leave,
(o) Child Care Leave,
(p) Leave to faculty members on academic grounds.

(2) Casual leave, quarantine leave and holidays shall be treated as

being on-duty.

14. Casual Leave

(1) Casual leave is not earned by duty. A member of the staff on

casual leave is not treated as absent from duty and his pay is not
intermitted. Casual leave cannot be claimed as a matter of right
and its grant is always subject to the exigencies of service and
subject to a maximum of such number of days in the aggregate in a
calendar year, as the Board may fix from time to time.

(2) Casual leave may be granted at the discretion of the

sanctioning authority as and when occasion arises, provided that

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 the total period of absence including Saturdays, Sundays and
other holidays intervening, prefixed or suffixed shall not
ordinarily exceed nine days at a time. Saturdays, Sundays and
holidays, whether intervening, prefixed or suffixed, shall not be
counted as casual leave.

(3) Casual leave cannot be combined with any other kind of leave.
However, casual leave can either be prefixed or suffixed with vacation,
but not the both.

(4) Half-day casual leave can be granted to an employee.

15. Special Casual Leave

(1) Special casual leave, not counting towards ordinary casual leave,
may be granted to a member of the staff when he is:—

(i) summoned to serve as a Juror or Assessor or to give evidence

before a court of law as a witness in a civil or a criminal
case in which his private interests are not at issue;

(ii) deputed to attend a reference library of other institutes or

conferences and scientific gatherings of learned and
professional societies or a training programme in the interest
of the Institute;
(iii) requested/ invited to act as an examiner or an expert in
Selection Committees/ Assessment Committees or any other
academic/ administrative committees at any other
Organization/ Institution;
(iv) required to be absent for any research, sponsored research or
consultancy;
(v) deputed to participate in sports events and related activities;
(vi) required to be absent for vasectomy or tubectomy/ laproscopy
operation to the extent of 6 working days to male employees
and 14 days to female employees;
(vii) an office bearer of a recognized union/forum and is required to
participate in a meeting/ activity of the union/forum;
(viii) required to be absent for any other purposes approved by the
Director/ Board of Governors.

(2) The periods of such leave, as given in sub-section (1) (i) to (1) (viii)
admissible in a calendar year, shall ordinarily not exceed fifteen
days but should, however, be sufficient to cover the period of
absence necessary. The conditions under which such leave will be
granted, will, if necessary, be laid down by the Board.

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16. Project Leave
A member of the staff may also be granted Project leave for an
additional period not exceeding fifteen days in a calendar year for
execution of consultancy work or a sponsored research project.

17. Special Leave

(1) Members of the staff deputed for practical training out of India
shall be entitled to special leave as may be determined by the
Board in each case.
(2) Members of the staff shall be entitled to special leave for attending
Conferences/Seminars/Symposia, etc. abroad, provided that such
member is going in his/her individual capacity and not as a
representative or a delegate of the Institute.
18. Half Pay Leave

(1) The half pay leave admissible to a member of the staff in respect of
each completed year of service shall be 20 days or such number of
days as the Board/Council may fix from time to time.

(2) Half pay leave may be granted to a member of the staff on medical
certificate or on private affairs. No half pay leave may be granted to a
member of the staff in temporary appointment except on medical
certificate.

Provided that, in case of a temporary member of staff, no half pay leave will
be granted unless the authority competent to sanction leave has reason
to believe that the employee will return to duty on the expiry of the leave,
except in the case of an employee who has been declared completely and
permanently incapacitated for further service by a Medical Board appointed
by the Director.

19. Commuted Leave

(1) Commuted leave not exceeding half the amount of half pay leave
may be granted on medical ground to a member of the staff subject to
the following conditions:

(a) When commuted leave is granted, twice the amount of such

leave shall be debited against half pay leave due.

(b) The total duration of earned leave and commuted leave taken in
conjunction shall not exceed 240 days or such number of days
as the Board/Council may decide from time to time, provided
that no commuted leave may be granted under this provision
unless the authority competent to sanction leave has reason to
believe that the member of the staff will return to duty on its
expiry.
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 (2) Half pay leave, up to a maximum of 90 days or such number of
days as the Board/Council may decide from time to time, may be
allowed to be commuted during the entire service where such leave
is utilized for an approved course of study/ training which is
certified to be in the interest of the Institute by the authority
competent to sanction leave.

20. Earned Leave

Earned Leave is admissible to a member of the vacation/ non-vacation

staff.

A. Vacation Staff:

(1) During the period of calendar year, the period of vacation for an
employee entitled to it will be sixty five days or such number of
days as the Board/Council may fix from time to time.

(2) In case such a member of the staff is required to return on duty

during the whole or any part of the vacation, he shall be eligible to
the following amount of earned leave on full pay:

Duration of duty during Eligibility to earned leave on full pay

vacation

Entire vacation Thirty days

No. of days of vacation availed

Part of vacation 30 (1- --------------------------------------)
60

(3) If vacation is combined with earned leave, the whole spell will be
reckoned as earned leave for the purpose of applying the limit up
to which earned leave can be taken at a time.

(4) The accrued leave of every member of the vacation staff shall be
credited with earned leave in the month of January every year and
the total leave as the credit of the employee shall be carried forward
to the next year, subject to the condition that the leave so carried
forward plus the credit of the last year do not exceed the maximum
limit as may be fixed by the Board/Central Government/Council
from time to time.

B. Non-vacation Staff:

(1) The earned leave admissible to a member of the staff other than
vacation staff, shall be thirty days in a calendar year.
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 (2) The leave account of every employee shall be credited with earned
leave in advance in two instalments of fifteen days each on the first
January and first July every year.

(3) The leave at the credit of an employee at the close of the previous
half year shall be carried forward to the next half year, subject to
the condition that the leave so carried forward plus the credit for
the half year do not exceed the maximum limit fixed by the Board/
Council from time to time.

C. Limits of Accumulation and Grant of leave period (applicable to all

members of the staff):

(1) A member of the staff shall cease to earn such leave when the
earned leave amounts to three hundred days or such number of
days as the Board/ Council may fix from time to time.

(2) The maximum amount of earned leave that can be granted to a

member of the staff at a time shall not exceed 50% of the maximum
limit on the accrual of the earned leave. Earned leave may be
granted for a period exceeding 50% of the maximum limit if the
entire leave so granted or any portion thereof is spent outside
SAARC countries, provided that when earned leave exceeding 50%
of the maximum limit is so granted, the period of such leave spent
within SAARC countries, shall not in the aggregate exceed 50% of
the maximum limit.

21. Extraordinary Leave

(1) Extraordinary leave shall always be without leave salary and may
be granted when no other kind of leave is admissible or when other
leave being admissible, the member of the staff concerned
specifically applied in writing for the grant of extraordinary leave.

(2) The period of extraordinary leave shall not count for increment
except when such leave is granted due to sickness on medical
certificate or for pursuing higher studies including post-doctoral
research, provided that in case of any doubt whether the
extraordinary leave taken was for pursuing higher studies
including post-doctoral research or not, the decision of the
Chairman of the Board of Governors shall be final.

(3) (a) Except in the case of a permanent employee, the duration of

extraordinary leave on any one occasion shall not exceed the
following limits:

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 (i) three months;

(ii) six months, in case of an employee who has completed

three years continuous service on the date of expiry of
the leave admissible to him under the rules and his
request for such leave is supported by a Medical
Certificate;

(iii) eighteen months where the employee is suffering from

cancer, mental illness, pulmonary tuberculosis
pleurisy of tubercular origin, tuberculosis of any part
of the body and leprosy or any other disease which has
rendered the employee incapable to perform his duties
as certified by the Chief Medical Officer of the
Institute, and is undergoing treatment either in a
recognized hospital/clinic or under a specialist.
(b) In the case of a permanent employee, the duration of
extraordinary leave on any one occasion shall not exceed two
years for assignments in India or abroad.

(c) Where an employee, fails to resume duty on expiry of the

maximum amount of extraordinary leave granted to him or
where such an employee who was granted a lesser amount of
extraordinary leave than the maximum amount admissible
to him, remains absent from duty for any period which,
together with the period of extraordinary leave granted to
him exceeds the limit up to which he could have been granted
extraordinary leave under sub-rule (a), he shall, unless the
Board in view of the exceptional circumstances of the case
otherwise determine, be deemed to have resigned his
appointment and he shall cease to be in the employment of
Institute.1`This shall, however, be not applicable for force-
majeure conditions.

(4) Two spells of extraordinary leave, if intervened by any other kind of

leave, shall be treated as one continuous spell of extraordinary
leave for the purpose of applying the maximum limit.
(5) The authority empowered to grant leave may commute,
retrospectively, the period of absence without leave into
extraordinary leave.

Note: The power of commuting retrospectively periods of absence

without leave into extraordinary leave is absolute and not
subject to the conditions mentioned in (1) above.

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22. Maternity/Paternity Leave

(1) (a) Maternity leave may be granted to a woman employee with less
than two surviving children, on full pay for a period of 180
days from the date of its commencement. The leave salary will
be equal to pay drawn immediately before proceeding on leave.

(b) Maternity leave for a period not exceeding 45 days in the

entire service can also be granted on full pay in cases of
miscarriage including abortion, (irrespective of the number of
surviving children) subject to the condition that the
application for leave is supported by a medical certificate
from Authorized Medical Attendant (AMA) .

(2) Maternity leave is admissible to temporary employees also.

(3) The Maternity leave shall not be debited to the leave account.

(4) Maternity leave may be combined with leave of any other kind
except casual leave but any leave applied for in continuation of
maternity leave may be granted only if the application is supported
by a medical certificate.

(5) Maternity leave counts as service for increments and for pension.

(6) Paternity leave of fifteen days (in one spell) may be given to a male
employee with less than two surviving children during the
confinement of his wife, i.e., up to fifteen days before or up to six
months from the date of the delivery of the child. It should not
normally be refused under any circumstances.

(7) Paternity leave will not be debited to leave account. Leave salary
will be the pay drawn immediately before proceeding on leave.

23. Leave to a female employee on adoption of a child:

A female employee on adoption of a child, may be granted leave of the kind

due and admissible (including Leave not Due and Commuted Leave not
exceeding 60 days without production of medical certificate) for a period
of one year or till such time the child is one year old, whichever is earlier.
However this facility will not be admissible in case she is already having
two surviving children at the time of adoption.

24. Hospital Leave

(1) Hospital leave may be granted to a member of the staff under

medical treatment for illness or injury if such illness or injury is
directly due to risks incurred in the course of his official duty.
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 (2) Hospital leave may be granted on leave salary, either average or
half average as the authority granting it may consider necessary.

(3) A member of the staff eligible for Hospital leave will be entitled to
such leave without any restriction on the quantum of leave and the
leave can be granted for such period as is considered necessary by
the authority competent to grant it.

25. Quarantine Leave

(1) Quarantine leave is granted when a member of the staff is

precluded under orders of the competent medical authority from
attending office in consequence of an infectious disease in his
family or household. Such leave can be granted only on the
certificate of a medical or public health officer. Maximum duration
of Quarantine leave is ordinarily twenty one days and may be
extended up to thirty days in exceptional circumstances. Any
absence beyond these limits has to be treated as regular leave. A
member of staff on Quarantine leave is not treated as absent from
duty and his pay is not interrupted.

(2) Quarantine leave is not admissible if the member of staff himself is

suffering from an infectious disease.

(3) Cholera, Small-pox, Plague, Diphtheria, Typhus fever and

Cerebrospinal Meningitis can be treated as infectious diseases for
the grant of Quarantine leave. In the case of Chicken-pox,
however, no Quarantine leave can be granted unless the Chief
Medical Officer considers that in view of some doubt about the
nature of the disease there is reason for grant of such leave.

26. Leave Not Due

(1) Save as in the case of leave preparatory to retirement, leave not

due may be granted to a permanent member of the staff, both on
medical certificate and on private affairs, for a period not exceeding
360 days during his entire service out of which not more than 180
days in all can be on private affairs.

(2) Leave not due shall be granted to a member of staff only if the
sanctioning authority is satisfied that there is reasonable chance of
the member of the staff returning to duty on expiry of leave and
shall be limited to half pay leave which he is likely to earn
thereafter.

(3) Leave not due is admissible when no other kind of leave is due and
admissible.

(4) A member of the staff, while on leave not due, is entitled to the
same leave salary as during half pay leave.
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27. Sabbatical Leave

(1) The Sabbatical Leave shall be admissible to a member of the

academic staff—

(i) After the completion of six years continuous service, or more,

with the Institute.

(ii) Where he avails of special leave, after the completion of six

years service or more with the Institute after his return from
such special leave; but in any case such leave shall not
exceed three times (inclusive of special leave in case such
leave has been granted) during the entire service of such a
member of the staff.

(2) The Sabbatical leave may be granted for one or more of the
following objects, namely:

(a) to conduct research or advanced studies in India or abroad

Provided that the applicant should spend the time outside the
institute;

(b) to write textbooks, standards works, research monographs and

other literature. Provided that the initial ground work of
submitting the book proposal form and securing a contract
with a reputed publisher be completed before applying for
leave;

(c) to visit or work in Industrial concerns and technical

departments of the Government to gain practical experience
in their respective fields. Provided that the applicant has to
submit a copy of letter of invitation stipulating the period of
engagement alongwith the application;

(d) to visit or work in a University, Industry or Government

department, research laboratories, or any other Institute, in
India and abroad. Provided that the applicant has to submit a
copy of the letter of invitation stipulating period of engagement
alongwith application; and

(e) any other purpose for the academic development of the staff
member, as approved by the Board of Governors.

(3) The grant of sabbatical leave shall be subject to the following

conditions, namely:

(a) the period of sabbatical leave shall not exceed one year at a
time including vacations, if any, but the Board may grant, in
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 addition, any other leave up to a maximum of 120 days
which the member might have earned during the service at
the Institute.

(b) a member of the academic staff shall, during the period of

sabbatical leave, be paid full salary and allowances as
admissible under the normal rules but he shall not be entitled
to any traveling allowance or any extra allowances in India or
abroad;

(c) no substitute shall be appointed in the vacancy and his work

shall be shared by the other members of the faculty;

(d) a member of the academic staff shall not undertake, during

the period of sabbatical leave, any appointment under any
other organization in India or abroad. However, such a
member of the staff shall be free to receive a scholarship or
fellowship or bursary or any other adhoc honorarium other
than his regular employment;

(e) a member of the academic staff availing sabbatical leave

shall furnish a bond in the prescribed form to serve the
Institute for a minimum period of three years on return to
duty.

Note 1: The requirement of sureties for bonds be waived in respect

to those employees whose Institute subscription to the CPF
is sufficient to cover the amount of salary payable to them
for the duration of the Sabbatical leave.

2. No ceiling in terms of money for fellowship/scholarship be

prescribed in grant of sabbatical leave to academic staff, in
terms of the above provisions of the Statute.

3. Sabbatical leave cannot be granted for studies leading to

higher degrees.

28. Special Disability Leave

(1) Subject to the conditions specified in this section the Board of

Governors may grant special disability leave to an Institute
employee who is disabled by injury unintentionally inflicted or
caused in or in consequence of the due performance of his official
duties or in consequence of his official position or when the
employee was on duty leave or was treated as on-duty.

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 (2) Such leave shall not be granted unless the disability manifested
itself within 90 days of the occurrence to which it is attributed and
the person disabled acted with promptitude in bringing it to the
notice of the Institute. However, the Board of Governors, if it is
satisfied as to the cause of the disability, may permit leave to be
granted even in cases where the disability, manifested itself after
more than 90 days of its occurrence. The period of leave granted
shall be such as is considered necessary by a Medical Board
constituted by the Director.

(3) Such leave shall not be extended except on the recommendation of

a Committee consisting of the following:

(i) Head of the Department/Office concerned,

(ii) Chief Medical Officer,
(iii) One Medical Officer nominated by the Director.

Such leave shall in no case exceed 730 days, may be combined

with any other kind of leave, and may be granted more than once if
the disability is aggravated or reproduced in similar circumstances
at a later date. However, not more than 730 days of such leave
shall be granted in consequence of any one disability.

(4) Leave salary during such leave shall be for the first 120 days on
full average pay and for the remaining period on half average pay.

(5) In the case of person to whom the Workmen’s Compensation Act,

1923, applies, the amount of leave salary payable under this Rule
shall be reduced by the amount of compensation payable under
section 4 (1) (d) of the said Act.

29. Child Care Leave:

Child care leave upto 730 days in entire service period of the female
employee or single male employee is admissible as per the terms and
conditions for the same as issued by the Department of Personnel and
Training, GoI from time to time.

30. LEAVE TO FACULTY MEMBERS ON ACADEMIC GROUNDS:

In addition to the above mentioned leave, the faculty members may be

allowed leave on Foreign Service terms on academic grounds. Such leave
can be short of long as explained below.

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 30.1 LEAVE ON FOREIGN SERVICE TERMS

30.1.1 Definition:

Leave on Foreign Service Terms means leave granted to serve elsewhere

in which the employee receives pay from another organization. This is
basically a mechanism to permit an employee to take up a remunerative
position elsewhere while maintaining lien at the Institute and continuing
to draw increments and retirement benefits at the Institute.

30.1.2 Contributions:

An employee granted leave on Foreign Service terms is required to pay

pension and leave salary contributions if governed by the Pension Scheme
and Institute’s share of CPF, Gratuity contribution and Leave Salary
Contribution if governed by CPF-cum Gratuity Scheme. Besides, the
employee has to pay own contribution towards GPF/CPF. For details, see
Annexure-B.

30.2 SHORT LEAVE ON FOREIGN SERVICE TERMS

30.2.1 Definition:

Any leave of absence for a duration exceeding a month during a semester

and upto a maximum period of one semester with the provision of
prefixing and/ or suffixing vacation periods will be called SHORT LEAVE.

30.2.2 Eligibility:

i. Two full semesters should have been spent at the Institute after
returning from the last Short or Long Leave or after initial joining of
the Institute.
ii. The obligations of any previous bond should have been fulfilled. This
may be relaxed at most once in the tenure of faculty member at this
Institute.

30.2.3 Terms and Conditions:

It must be ensured that prior and proper arrangements are made for the
discharge of responsibilities, such as those concerning sponsored
projects, guidance of research work of students, teaching duties, etc.

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30.3 LONG LEAVE ON FOREIGN SERVICE TERMS

30.3.1 Definition:

Any leave of absence overlapping two or more semesters shall be called

LONG LEAVE.

30.3.2 Eligibility:

i. Five years should have been spent at the Institute, Including leave
as due availed, after joining the Institute or return from the
previous Long Leave or Sabbatical Leave whichever is most recent.
This may be relaxed up to two years for Assistant and Associate
Professor availing Long Leave for the first time in their tenure as
faculty members at this Institute.

ii. Two full semesters should have been spent at the Institute after
return from the last Short Leave. The Institute may relax this
requirement to one semester if short or Long Leave has not been
availed in the ten years preceding the last availed Short Leave.

30.3.3 Terms and conditions:

i. It must be ensured that prior and proper arrangements are made

for the discharge of responsibilities such as those concerning
sponsored projects, guidance of research work of students,
teaching duties etc.

ii. The maximum permissible period of Long Leave is 2 Years.

iii. Not more than 20% (rounded off to the next whole number) of the
existing faculty of a department can be given Long Leave at any
given time.

iv. The person granted Long Leave will execute a bond as given in
Annexure-C to serve the Institute for a period of one year on return
from the leave if the Long Leave is upto one year and for a period of
here years if the Long Leave is for more than one year. The bond
will be for a sum of Rs. 1,00,000/- (Rupees one lakh only).

30.4 TERMS AND CONDITIONS FOR LONG LEAVE FOR HIGHER STUDIES/
TRAINING

Long Leave for prosecuting higher studies/training towards a

degree/diploma shall be granted rarely and under special circumstances by
the Board.

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30.5 DEPUTATION ON FOREIGN SERVICE TERMS

i. A permanent member of the academic staff may be deputed to a

Government organisation or an autonomous body drawing major
funding from the Government of India or an industrial enterprises,
R&D organization or an academic institution of repute, if this is in the
interest of the Institute.

ii. In the case of deputation to higher position in a national

laboratory/institution of national importance/public sector
undertaking or a senior position in a central or state government
department/organisation, the maximum period of deputation will be
five years provided the appointment is in India. In all other cases it
shall be restricted to two years. The period of long leave for such
deputation may be extended by the Board.

iii. There should be at least one year service period left after return from
deputation. This period could be reduced further and even waived
under special circumstances by the Board, depending on merits of
individual cases.

iv. The obligation of any previous bond must be fulfilled for grant of
deputation. The Board may, however, relax this condition in special
cases.

30.6 GENERAL TERMS AND CONDITIONS

i. Leave of absence of any kind given in the Statutes or a combination

thereof during the semester(s) for a period of more than a month for
academic purposes will be treated as Short or Long Leave as the case may
be and will accordingly count a such for qualifying service required for
the sanction of any further Short/Long Leave.

ii. Leave of any kind can be converted into another kind of leave as per
provisions of the Statutes.

iii. Leave sanctioned must be availed for the purposes of which it is granted
and at the place approved. Changes are permissible only with prior
approval of the Institute.

iv. No faculty members shall proceed on leave unless all the prescribed
formalities have been completed and formal orders have been issued.

v. A joining report after availing leave is mandatory. This should include a

statement of activities during the leave period, and should give
information on patents granted, technology transfer achievements etc.

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 vi. If an extension to the leave granted is sought, an application for the same
should reach the Institute at least 3 months before the expiry of leave
already sanctioned. In such cases decision will be communicated in
advance. Unless a sanction for extension is received, the applications is
obliged or rejoin the Institute as per leave already sanctioned. Extension
of leave will automatically extend bond period as per rules.

vii. The grant of Long Leave will be considered by the appropriate

committee(s) whose recommendations will be submitted to the Director.

viii. Overstaying beyond the sanctioned leave may attract disciplinary action
and permission to join the Institute has to be invariably obtained in such
cases.

ix. The Institute may, for good and sufficient reasons to be recorded, grant
relaxation of the conditions given above to the extent considered
reasonable.

31. Vacation and Leave Salary

(1) An employee of the Institute entitled to vacation shall be eligible for

pay and allowances at full rates during the period of vacation.

(2) (a) Except as provided in sub-para (b) below, a member of the

staff on earned leave, is entitled to leave salary equal to
average monthly pay drawn during the 10 completed months
immediately preceding the month in which the leave
commences or the substantive pay to which he is entitled
immediately before the commencement of the leave,
whichever is greater.

(b) A member of the staff who proceeds on earned leave shall be

entitled to leave salary equal to the pay drawn immediately
before proceeding on leave.

(3) A member of staff on half pay leave is entitled to leave salary equal
to the half amount specified in sub-para (2)(a) or (2)(b), as the case
may be.

(4) A member of the staff on commuted leave is entitled to leave salary

equal to twice the amount admissible under sub-rule (3).

32. Increment during Leave

If the annual or any other increment falls due during the leave, other
than casual leave, the effect of increase in pay shall be given from the
day following the date of expiry (last day) of the leave as such, without
prejudice to the normal date of increment.
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33. Limit of Total Absence

A member of staff ceases to be in the service of the Institute if he is

continuously absent from duty for five years, whether with or without leave,
unless the Visitor, in view of the exceptional circumstances of the case
otherwise determines.

34. Cash equivalent of Leave Salary in Certain Cases

In case an employee dies while he is in service, the cash equivalent of the

leave salary that the deceased employee would have got had he gone on
earned leave on the date of death shall be given to his family subject to a
maximum of leave salary for 300 days or any other period as the
Board/Council may fix from time to time.

35. Cash Payment in lieu of Unutilized Earned Leave on the Date of

Retirement.

An employee may be paid cash equivalent of leave salary admissible in

respect of the period of earned leave at his credit at the time of retirement
on superannuation in one lump sum as a one-time settlement subject to a
maximum of such number of days, and further subject to other conditions
as laid down by the Board/Council/Central Government from time to time.

36. Leave Preparatory to retirement:

A Government servant may be permitted by the authority competent to

grant leave to take leave preparatory to retirement to the extent of earned
leave due, not exceeding 300 days together with half pay leave due, subject
to the condition that such leave extends up to and included the date of
retirement.

37. Power to Relax:

Where the Board is satisfied that the operation of any of these rules causes
undue hardship on any particular case, the Board may, 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;

38. Interpretation:

Whenever any conflict or doubt arises as to the interpretation of these rules

the Board’s decision in such cases shall be considered as final and binding
on all concerned. Any inadvertent typographical error in the above Rules
may be corrected by the Institute and shall be reported to the Board in the
subsequent meetings.
_________
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 ANNEXURE– “A”
PROFORMA FOR THE BOND FOR SABBATICAL LEAVE
(On non-judicial stamp paper of Rs. 100/-)

WHEREAS I _________________________________ am granted Sabbatical Leave by

the Institute for the period of _________________ from _________ to ____________

AND WHEREAS in accordance with Rule 27(3)(e) of the Leave Rules of the
Institute and for the better protection of the Institute interest the Obliger has
agreed to execute this Bond with such conditions as hereunder are written:

NOW THE CONDITION OF THE ABOVE OBLIGATION IS THAT I, the

Obliger, do hereby undertake to serve the Institute for a minimum period of three
years from the date of my return to duty from Sabbatical Leave and in the event
of my failing to resume duty after the expiry of termination of the period of
Sabbatical Leave or at any time within a period of three years after my return to
duty or in the event of my removal or dismissal from service for any kind of
misconduct during the aforesaid period. I shall forthwith pay to the Institute
or/on demand a sum equal to the salary including allowances drawn by me from
the Institute during the period of my Sabbatical Leave together with interest
thereon from the date of demand at Government rates for the time being in force
on Government loans.
AND WHEREAS upon my failure to reimburse the required sum
hereinbefore stated the Institute shall be at liberty to recover the said sum from
the amount of my Provident Fund or any other amount standing at my credit with
the Institute or shall be, otherwise, also fully recoverable from me, if no sufficient
credit balance stands in my name.

AND UPON my making such payment the above written obligation shall be
void and of no effect otherwise it shall be and remain in full force and virtue.

THE bond shall be in all respects governed by the laws of India for the time
being in force and rights and liabilities hereunder shall where necessary be
accordingly determined by the appropriate courts in India,

SIGNED AND DELIVERED BY __________________________________________

on this ___________ day of _________________ the year ___________________________

____________________________
Signature of Obliger
In the presence of Witnesses

1. _____________________________
(Signature with full address)
2. _____________________________
(Signature with full address)

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 ANNEXURE– “B”

FOREIGN SERVICE CONTRIBUTIONS

a) Subscription towards GPF/CPF

An employee on foreign service in India or abroad is required to subscribe to the

Fund monthly.

b) Pensionary Contribution

An employee on foreign service in India or abroad, who has opted for GPF – cum –
Pension – cum – Gratuity Scheme, is required to pay pensionary contributions for
the period of foreign service at the rates given in the following table. These rates
are subject to changes made by Government of India for their employees. The
pensionary contribution is worked out on the maximum of pay of the post
irrespective of pay one draws at the time of foreign service.

PENSION CONTRIBUTION (Subject to amendments as per GoI orders on the

subject)

According to G.I., Dept. of Per.& Trg., O.M.No.2/34/2008-Estt.(Pay II), dated

19.11.2009, pension contribution payable during the active period of his foreign
service shall be based on the existing basic pay (pay in the Pay Band Plus Grade
Pay) of the post held at time of proceeding on foreign service and in case he receives
pro forma promotion/financial upgradation while on foreign service on the basic
pay (Pay in the Pay Band Plus Grade Pay) fixed on such promotion/financial
upgradation.

Year of service Rates of monthly contribution expressed as percentage

Group ‘A’ Group ‘B’ Group ‘C’ Group ‘D’
0-1 year 7% 6% 5% 4%
1-2 Years 7% 6% 6% 4%
2-3 ,, 8% 7% 6% 5%
3-4 ,, 8% 7% 7% 5%
4-5 ,, 9% 8% 7% 5%
5-6 ,, 10% 8% 7% 6%
6-7 ,, 10% 9% 8% 6%
7-8 ,, 11% 9% 8% 6%
8-9 ,, 11% 10% 9% 7%
9-10 ,, 12% 10% 9% 7%
10-11 ,, 12% 11% 10% 7%
11-12 ,, 13% 11% 10% 8%
12-13 ,, 14% 12% 10% 8%
13-14 ,, 14% 12% 11% 8%
14-15 ,, 15% 13% 11% 9%
15-16 ,, 15% 13% 12% 9%

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16-17 ,, 16% 14% 12% 9%
17-18 ,, 16% 14% 13% 10%
18-19 ,, 17% 15% 13% 10%
19-20 ,, 17% 15% 13% 10%
20-21 ,, 18% 16% 14% 11%
21-22 ,, 19% 16% 14% 11%
22-23 ,, 19% 17% 15% 11%
23-24 ,, 20% 17% 15% 12%
24-25 ,, 20% 17% 16% 12%
25-26 ,, 21% 18% 16% 12%
26-27 ,, 21% 18% 16% 13%
27-28 ,, 22% 19% 17% 13%
28-29 ,, 23% 19% 17% 13%
29-30 ,, 23% 20% 18% 13%
Over 30 years 23% 20% 18% 14%

c) Institute’s Contribution and Gratuity Contribution for CPF beneficiaries.

An employee on foreign service in India or abroad who has opted for CPF-
cum-Gratuity Scheme is required to pay for Institute’s contribution @10% of
pay which he/she would have been drawing at this Institute had he/she not
proceeded on foreign service.

Besides the above, the Gratuity Contribution at the rate of one fourth of pay
in the preceding para for each completed six monthly period of service has
to be paid.

d) Leave Salary Contribution

An employee on foreign service in India is required to pay towards leave

salary contribution at 11% of pay drawn in foreign service.

e) Interest on Overdue Payment

Foreign service contributions including leave salary due in respect of an

employee on foreign service may be paid annually within fifteen days from
the end of each financial year or at the end of the foreign service, if the
deputation on foreign service expires before the end of a financial year, and
if the payment is not made within the said period, interest must be paid to
the Institute on the unpaid contribution at the rate of two paise per day per
Rs. 100/- form the date of expiry of the period foresaid up to the date on
which the contribution is finally paid.

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 ANNEXURE-C

PROFORMA FOR THE BOND FOR LEAVE ON FOREIGN SERVICE TERMS

(on general stamp paper of Rs. 100/-)

KNOWN ALL MEN BY THESE PRESENTS that we __________________ son of Shri

________________________________ ordinarily residing at _____________________
and__________________________ (surety) S/o ___________________________ ordinarily
residing at____________________, do hereby bind ourselves and our respective heirs,
executors, and administrators to pay to the Indian Institute of Technology (Indian
School of Mines), Dhanbad hereinafter referred to as the Institute, on demand
the sum of Rs. 1,00,000/- (Rupees one lakh only) whereas
the above bounden ______________________________________ has
been permitted by the Institute to accept a teaching/research assignment in
(Country) _______________________ for a period of from _________________________
to _______________________________ NOW THE CONDITIONS OF THE ABOVE
WRITTEN OBLIGATION IS THAT: In the event of the above bounden (obliger)
_____________________________________
a) Not conforming to the terms and conditions on which he has been
permitted to accept the assignment as aforesaid.
b) Failing to rejoin the Institute on or before the expiry of period
hereinbefore mentioned for which he has been permitted to proceed to
_______________________ the post originally held by him in the Institute on
salary which he would have ordinarily drawn if he would not have gone to
______________________________ on Research/Teaching assignment as
aforesaid and serve the Institute for a minimum period of one year if the leave
is for one year and serve for three years if the leave is for more than one year;

He (Obliger) ___________________________________________ and the above bounden

(Surety) ______________________________________________ shall forthwith pay to the
Institute on demand entire amount entire amount paid to him or expended on his
account in respect of the said assignment, travelling expenses, or otherwise on
account of his having been permitted to accept the assignment as aforesaid and
salary or pay during the period of assignment subject to maximum of Rs. 1,00,000/-
(Rupees one lakh only) and interest thereon calculated at six percent per annum
from the date of demand.
And upon their making such refund the above written obligation shall be
void and of no effect, otherwise it shall be and remain in full force and virtue.

PROVIDED ALWAYS that the liability of the said (Surety) __________________________

hereunder shall not be impaired of discharge by reason of extension of time being
granted or by any forbearance, act or omission of the Institute or any person
authorized by it whether with or without the consent or knowledge of the said
(Surety) ___________________________ nor shall it be necessary for the Institute to sue
to said (Obliger) __________________________ before suing the said (Surety)
__________________________________________ for amounts due hereunder.

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 PROVIDED FURTHER that his Bond shall in all respect be governed by the
laws of India.

SIGNED AND DELIVERED on the

__________________________________________ day of ____________________ on
thousand nine hundred and by the above bounden obliger.

_______________
(Obliger)
In the presence of
1. ___________________________
(Signature with full address)

2. ___________________________
(Signature with full address)

Signed and delivered on __________________day of __________________

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