• Bond Transfer

Sir, I am working as Assistant Professor, NIT Silchar. Recently I got prestigious fellowship from DST Govt. of India and IUSSTF to undergo post doctoral research work at USA for 12 months. I applied for sabbatical leave regarding this, but the institute informed, since my service to the present institute is less than six years i have to apply for extraordinary leave, that is leave with out pay for 307 days excluding my earned leave and half pay leave and asked to provide a bond according to FORM 6, wherein  undertaking has to given to refund to the Government the actual amount of expenditure incurred by the Government during such leave plus that incurred by any other agency with interest thereon in the event of my not returning to duty on the expiry of such leave or quitting the service before a period of three years after return to duty. 

Sir, my question is please let me know the rules fro bond transfer if get opportunity to IIT or other NIT after returning from USA. Also, let me know if my present institute declines to forward my application to other IITs or NITs for applying for a particular post.
Asked 4 months ago in Labour from Silchar, Assam
1) submit the bond as required by the NIT 

2) there is a DPE Guideline which lays down that in case if an employee is shifting from a PSU to PSU or government the service bond should be transferred to the new employer. 

3)DPE Guidelines (DPE O.M. No. 15(Enforcement/Transfer of Bond in PSU's
Government of India has has come out with the ciruclar regarding the Bond Enforcement in PSU Companies. As per the circular, if you change jobs within PSUs, within the stipulated bond periods, you are not supposed to pay the bond amount... the bond amount is just transffered from one employer to the other provided that the employers are PSUs. Details of the circular are as given below -

29. DPE/Guidelines/II(c)/29
Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government.

The undersigned is directed to refer to this Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and 23.5.1981 and No. 17/20/84-GM dated 5.2.1985 on the subject mentioned above, which were deleted vide this Department’s O.M. No. 20(5)/95-DPE(GM) dated 10th December, 1997. After deletion of these guidelines, Department of Public Enterprises received references from various quarters for revival of these guidelines to enable them to regularize enforcement/ transfer of bond in the case of public sector employees joining services in Central Govt./State Govt./Autonomous Bodies. The position has been reviewed and after careful consideration, it has been decided to revive this Department’s OMs dated 13.6.1977, 23.5.1981 and 5.2.1985 with the following modifications:

(a) The bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.

(b) The terms of bond whereby an employee of a Central public enterprise receiving scientific and technical training out the expenses of the Govt./Public Sector Enterprises undertakes to repay this specified amount in the event of his failure to serve the enterprise for a stipulated period after completion of his training should not be enforced against an employee who leaves service of public enterprise to secure, with proper permission, employment under the Central Govt., a public enterprise or an autonomous body wholly or substantially owned/financed/controlled by the Central/State Govt. A fresh bond should be taken from the person concerned to ensure that he serves the new employer for the balance of the original period.

(c) To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.

2. All the administrative Ministries/Departments are requested to kindly issue necessary instructions accordingly to the public sector enterprises under their administrative control.

(DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)
2)/2003-DPE(GM)/GL-57 dated 29th July, 2004),

Ajay Sethi
Advocate, Mumbai
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1132 Consultations
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Prior approval before applying to any job outside is generally a part of the service condition. Since the govt is going to spend money on your training it will recover it if you do not join the duty or quit before three years from the date of return. Unless you execute the aforesaid bond the permission wont be granted. 
Ashish Davessar
Advocate, Jaipur
17454 Answers
425 Consultations
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If you apply in accordance with rules and fulfill the eligibility criteria, and the institute does not forward your application then you may move the High Court for necessary relief.
Ashish Davessar
Advocate, Jaipur
17454 Answers
425 Consultations
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During the entire period of service, a faculty member is permitted
to avail long leaves for a total duration not exceeding three
years for academic purposes. The two primary categories of such
leave with full pay are Special Leave and Sabbatical Leave. Applications
should be forwarded through the Head of the Department to
the Dean (FA) who makes suitable recommendation to the Director
(the approving authority). All such applications must be forwarded
with recommendation from the Head of the Department. The Department
must be satisfied that the academic programmes of the Department
will not be adversely affected by granting of such leave
and also make alternative arrangements for taking care of students
who may be working under the concerned faculty member. Further,
the faculty member is also required to make arrangements for ongoing
projects, and such arrangement must be intimated to the Dean
(R&D) in a form available with the IRCC.

(1) Special leave is generally granted to faculty members to
accept academic assignments abroad for availing competitive
scholarships and fellowships such as Humboldt Foundation
fellowship, Boyscast fellowship, Commonwealth
fellowship etc. The faculty member must have put in at
least 3 years of service and should have applied for such
fellowships through proper channel(i.e., the applications
should have been forwarded by the Institute). During the
special leave, the faculty draws full salary in the Institute
in addition to the fellowship amounts.
(2) Sabbatical leave is granted for accepting temporary academic
assignments in Indian or foreign universities or research
institutions, availing fellowships, writing a book
etc. The faculty member should have put in a minimum
of six years of service in the Institute for availing a one
year sabbatical. The Dean (FA) may recommend a shorter
and proportionate amount of sabbatical for a faculty who
falls short of the minimum requirement. For a subsequent
sabbatical, there must be a gap of at least 3 years for a
one semester sabbatical and six years for a two semesters
(3) The Institute requires a bond to be executed by the faculty
members proceeding on a sabbatical, undertaking to serve
the Institute for a minimum period of three years on return
from sabbatical (the period of bond is two years for a one
semester sabbatical). If the faculty member resigns before
completion of the bond period, (s)he will be required to
refund the salary paid by the Institute during the sabbatical
(4) As a policy, the Institute does not extend a sabbatical.
However, a faculty member may request for appending a
maximum of 4 months of earned leave to the sabbatical.
In case the faculty does not join back the duty after this
period, the entire period of sabbatical will be considered
as leave without pay or adjusted fully or partially against
leave due to the faculty.

The above is the leave regulation/rule applicable to your case, you may adopt this measure.
T Kalaiselvan
Advocate, Vellore
12638 Answers
120 Consultations
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