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Section 7: Exercise and delegation of powers under these Regulations

These Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Pay and Allowances) Regulations, 2008.State Regulations of Maharashtra · 1981

[t shall be open to the Committes to prescribe by general or special order, the powers to be cxcreised or delegated under these regulations to the Executive Officer or any other officer of the Trust, 105

CHAPTER -1T DEFINITIONS

5. Definitions- In these regulations, unless the context otherwise Feuires - [1) “Act” means the Shree Siddhi Vinayak Ganpati Temple Trust {Prabhadevi) Act, 1980 (Mah.V1 of 1981}, 2) “cadre’ means_the streagth of 4 service or a part of a service sanctipned as a separate unit, (8] "Committee” means the Management Committes constituted under section 5 of the Act, (4] "Compensitory allowance” means an allowance granted 10 meet personal expenditure necessitated by the special circumstanees in which duty 15 performed. Tt ncludes different types of ravelling allowances.

(8) "Competent Authority”, in relation to the exercise of any power, means the Committee, or any authority o which the power is delegated by or ander these Regulations.

(6) "Date of first appointment’ means the date, the Trust servint assumes the duties of his first post in the Trust service,

(7) *day” means the period beginning from ene midnight and !

ending with the next midnight, (8] "Executive Officer" means the Executive Officer appointed by the Government under section 12 of the Act.

(9) "Duty’, inelades- (a} service as & probationer;

(b joining time;

() @ course of instructions or raining authorised by or under the orders of the Trust, Note 1- The time reasonably required for the journcys between the place of training and the station from which the Trust servant proceeds in order to undergo training, is part of the period of training.

- Note 2- When one or more holidays “follow the period of training, the training period may be deemed to have been extended to vover such holidays.

{d) the period occupied,- - {i} in appearing for a language examination prescribed by the Trust at which a Trust servant has been granted permission to appear;

(i) in attenfi'lnp'; an examination which a Trust servant must pass to become cligible for a higher post in any branch of the Lrust service including the tme reasonably necessary for going to and fro to the place of examinaticon.

7 '!_[‘i:is concession should not be allowed more than twice for each examination, Wote 1.- If an examination is taken immediately before leave, the leave shall be held to have commenced from the date following that of the completion of the examination, In cases where an examination is taken In interruption of leave or immediately after leave, the time occupied in appearing for the examination, including the time necessary for gomg 10 and fro to the place of examination, shall be treated not as duty but as leave, {e) the period for which a Trust servant is required to wait compulsorily until receipt of his posting orders in the cases mentiongd below =

(i) whose orders of transfer are held in abeyance, cancelled or modified while in transit;, or (i} who, on. return from leave or on abolition of the post held by him, has to await receipt of posting orders; or (11t} who. on arrival at the headguarters of the post to which he is posted is not in a pasition to take charge of the post frem the Trust servant to be relieved.

The period availed of to resume duties after the receipt of posting orders shall not exceed the jointing time admissible under the regulations and shall be treated as a continuation of the period of compulsory waiting.

107 {F the period interven ing between the date on whicha Trust | servant is engaged temporarily for special or other duty and the date on which he takes over charge:

Provided that, the period does not exceed the joining time that would be permissible to a Trust servant entitled to joining time.

(10} “first appointment” means the appointment of 2 person who is not holding any appointment under the Trust, even though he may have previously held such an' appointment.

{11} "Government” means the Government of Maharashera,

(12) “Joining time” means the time allowed to a Trust servant to join & new post or to travel to or from a station 1 which he fs posted.

(15} “leave” means permission 10 remain absent from duty granted by a Competent Authority under the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi] Services Regulations, 2008, (14} "Lien” means the title of a Trost servant to hold substantively, either immediately or on the termination of 4 period or periocs of absence, & permanent post, including a tenure post, to which he has been appointed substantively.

(15} “Month" means a calendar month. In calculating a period expressed in terms of months and days complete calendar inonths, irrespective of the number of days in each, should first be caleulsted and the odd number of days Calculated subsequently.

Instructions- Caleulations of period expressed in terms of manths and days should be made as under:- (a} To valeulate 3 months and 20 (Iaya on and from the 25th January, the following method should be adopred:- o T 255 January to 51 January w Q 7 February to April o 8 o 15 May to 15t May oD o0 18 i} 2 20 108 {18) *Permanent post’ means a post cartying a definite rate of pay sanctioned without limit of time.

(19) “Personal Pay" means additional pay granted to a Trust servant,-

(20) "Presumptive pay” of a post, when used with reference to any particular Trust servent, means the pay to which be wounld be entitled, if hie held the said post and were performing its duties, but it does not include special pay unless the Trust servant performs or discharges the wark or responsibility, in consideration of which special pay was | sanctioned.

[} The period commencing on the 80% January, and ending with the @nd March should be deemed as 1 month and 4 days, as indicated below = Yo M D 30th January to 815t January [} [ 2 February i L o 1 March to 27 March [¢] 0 2 : i B B

(16) “Officiate " a Tritst servant officiates in a post when he performs the duties ofa post on which another person holds a lien. A gompetent authority mag. if it thinks fit, appoint a Trust servant to officiate in a vacent post on which no other Trust servant holds a lien.

(17) "Pay” means the amount drawn monthly by a Trust SErvant as- (i} the pay (meluding special dearness pay) which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he 15 entitled by veason of his position in i cadre;

(it} p{ifiéfi_al pay, and special pay; and () any other emoluments which may be specially classified as pay by the Cammittee.

{4) to save him from a loss of substantive pay in respectofa permanent postother than a tenure post due to arevision of pay or due to any reduction of such substantive pay otherwise than as disciplinary measure; or (b} in exceptional circumstances, on other personal considerations.

109

(21) "Probationer” means a Trust servant employed on probation in or against a substantive or temporary vacancy in the cadre of the Trust.

"Note 1- No person appointed substantively to ‘a permanent postin a cadre is a probationer, unless definite conditions of probation have been attached to his appeintment, such as the condition that be must remain on probation pending the passing of certain-examination, Nate 2.- A Trust servant (other than oéne-who halds substantively a permancnt post) appointed on probation a temporary post will be weated for all pmposes as a temporary Trust servant, Note 8- The starus of a probationer is to be considered as hav‘ing the attributes of a @il'l_)stflnti\re status except where the regulations preseribe otherwise.

(22) "Seleetion grade” means a scale of pay which has been sanctioned specifically as a selection grade by an order of the Commitiee with the approval of the Government.

(28) "Special Pay » means an addition, of the nature of pay, to granted by an the emoluments of 4 post or of a Trust servant granted by an order of the committee in consideration of, —

(a) the specially arduous nature of the duties;

(b) a specitic addition to the work or responsibility.

(24) *substantive pay” means the pay other than special pay, personal pay or emoluments classified as pay by Trust under clause (iii) of regulation 17 to which a Trust servant is entitled on account of a post to which he has been appointed substantively or by reasons of his substantive position in a cadre,

(26) “Temporary post " means a post carvying a definite rate of pay sanctoned for a limited time, Note- Substantive appointment to temporary post should be made in a limited number of cases only, as for example, when "posts arc, w” all intents and purposes, quasipermanent or when they have been sanctioned for a period of not less than, or there is reason to believe that they will not terminate within a period of three years. In all other cases, appointments in temporary posts should be made in an officiating capacity only.

Instruction.- The benefit of substantive appeintment to temporary posts contemplated in the above note should not be allowed to be enjoyed by more than one person | - 110 simultaneously. Therefore, where a Trust servant has already heen appointed substantively to temporary post and there is a temporary intervuption in his tenure of the post, it wiuld not be proper to appoint another Trust servant substantively to the post during ~sich temporary interruption. For this purpose, interruptions which are likely to last for less than three years may be treated as temporary. It follows therefore, that where a Trust servant is already appointed substantively to it unless the previous holder of the post'has'heen téansferred from it permanently or unless he has been transferred temporarily and there is reason tw believe that he will remain absent from the post for a pertd of nat less than three years.

(28) “Tenure post’ means & perrrlanent post which an individual Trust servant may net hold, for. more than a limited period without reappointmEnt.

(27) “Time-Seale Pay” means pay which, = (a1} subject o any conditions preseribed in these regulations, rises by periodical increments from a minimum t a MAKImAUIL.

(b) tirne: scflp& are said to be identical, if the minimum, the maximum, the period of increment and the rate of increment of the time-scales are identical.

(€} a post as said to be on the same time-scale as another post on time-scale, if the two time-seales are identical and the posts fall within a cadve, or a Group in a cadre, such cadre or Group having been ereated in order to fill all posts involving duties of apprmrlmateiy the same character or degree of responsibility it a service or establishment or groupof establishments, so that the pay of the holder of any particular post is determined by his position in the cadre or Group and not by the fact that be holds that post,

(28) “Transter” means the movément of a Trust servant from one headgquarter station in which he is employed to another such station either~ () to take up the dutics of a new post; or

(b) i consequence of a change of his headquarters.

(29) “Transit Time " means the actual time required to reach the destination of tour from the headguarters or from one outstation to another outstation by the ordinary mode of travel.

111 (80} “T'rust’ means the Trust constituted under the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Act, 1548 - = [(Mah.VI of 1981).

CHAPTER - 111 PAY

Where this provision sits

ActThese Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Pay and Allowances) Regulations, 2008.
Section7
Marginal noteExercise and delegation of powers under these Regulations
JurisdictionState of Maharashtra
StatusIn force as published by the source

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