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Section 8: Definitions

These Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Joining Time, Suspension,Dismissal and…State Regulations of Maharashtra · 1981

In this regulations, unless the econtext atherwise requires,- ) L (1} "Nt means the Shree Siddhi Vinayak Ganpati 'l'e::ipl:: Trust (Prabhadevi] Act, 1980 (Mali. V1 of 1951).

(2} “Cadre” means the strength of a service or a part of a service sanctioned as a separate unit (8] “Committee” means the Management Committee constituted under section 5 of the Act.

(#) “Compensatory allowance” means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes different types of travelling allowances.

(a) “Competent Authority’, in relation to the exercise of any power, | means the Committee, or any authority to which the power is delegated by or under these regulations.

(6) "Date of first appointment’ means the date, the Trust servant asstnes the duties of his first post in the Trust service.

(7) "day"” means the period beginning from one midnight and ending with the next midnight

(8) "Exeentive Officer” means the Executive Officer appointed by the Government under section 12 of the Act.

(8] “duty” includes,- () service as a probationer;

(I joining time;

(e} a course of instructions or waining authorised by or under the arders of the Trust Note 1- The time reasonably required fbor the journeys 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.

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

() the period oceupied,-

(i) in appearing for a language examination preseribed by the Trust at which a Trust servant has heen granted permission to appear;

(i) in attending an exaniination which a Trust| servant must pass to hecome eligible for a higher post in any branch of the Trust service; ineluding the time reasonably necessary for going tg and fro to the place of eRaTmination.

This concession should not be allowed more than twice for each | examination.

Note 1~ [fdn examination is taken immediately before leave, the leave shall be held to have commenced from the date fallowing thatof the completion of the examination, In cases | where an examination is taken in intertuption of leave or immediately after leave, the time ‘pecupied in appearing for the examination, including the time necessary for going to and fro to the place of examination, shall be treated not as duty but as leave.

(&) the period for swhich & Trust servant is required to wait compulsorily until receipt ofhis posting orders m the cases mentinned below = (i} whase orders of ‘transfer “are held in abeyance, cancelled or modified while in transit;

Or

(ii) who, on return from leave or on abolition of the post held by him, has to await receiptof posting orders; or

(ifi) whos o0 arival at the headquarters of the poss to which he is posted is not in a position to lake charge of the post from the Trust servant to be relieved, The period svailed of 1 resume duties after the receipt of orders shall not exceed the jomting time admissible under the regulations and shall be treated as a continuation of the perind of compulsory waiting;

{F) the period intervening between the date on which a Trust servant is engaged temporarily for special or other duty and the date on which he takes over charge:

v 79

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

(10) "First appointment” means the appointient of a person who is not holding any appointment under the Trust, even though he may have ng any appo 5 ¥ previously held such an appointment.

(11} *Government” means the Government of Maharashira,

(12) “Joining time * means the time allowed to a Trust servant to Join & new post or to travel to or from a station to which he is posted.

(18) "Leave" means permission to remain absent from duty granted by Competent authority under the Shri SiddhiVinayak Ganpati Temple Trust {Prabhadevi) Services (Leave) Regulations, 2008, {14) "Lien" means the titleof'a Trust servant to. Heold substantively, ither immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively.

(1) "Month” means a calendar month. [n caleulating a pericil expressed [ in terms of manths and days complete calendar months, irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently.

Instructions~ Caléulations of period expressed in terms of months and days should be made as underi) To calculate 3 months and 20 days on and from the 25% January, the following method should he adopted:- FoRehe 1) 25t January to S1= January ) Lo T | Febeuary to April o £ e 1st May to 13th May 0 o 18 a 3 20

(h) The period commencing on the 30th Jan uary, and ending with the @rd March should be deemed as 1 month and 4 days, as indicated below - Y M D 30t January to 515 Tanuary o o 2 February o 1 0 15t March to 2nd March 0 0 g ] 1 +

(16) "Officiate” a Trust servant officiates in a post when he performs the | duties of a post on which ancther person holds alien. A competent :u.nl]\(:ril).r may, if it thinks fit, appoint a Trust servant to officiate in a vacant 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 (including special dearness pay) which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre; and (it} puw;al-;?q}', and special pay; and

(i) any other emoluments which may be specially classified, as pay by the Committes.

(18) "Permanent post “means a post carrying a definite ratc of pay sanctioned without Hmit of tme, {19 "Personal Pay” means additional pay granted to a Trust servant.- {a) to save him from a loss of substantive pay in respect of i permanent post other than a tenure post due to a revision of pay or due @ any reduction of such substantive pay otherwise than as disciplinary measure;

or r

(b) o _exc'e‘rpfimla] circumstances, on other personal considerations.

{20} "Presumptive pay” of @ post, when ‘used with reference to any particular Trust servant, means the pay to which he would be entitled, if b held the said post and were performing its duties, butit does not include special pay unless the Trust servant performs or discharges the work or responsibility, in consideration of which special pay was sanctioned.

(21) “Probationer’ means a Trust servant employed on probation in or against a substantive or femporary vacancy in the cadre of the Trust Note 1.~ No person appointed substantively Lo a permanent post in & cadreds a probationer, unless definite conditions of probation have been attached to his appointment, such as the condition that he must remain on probation pending the passing of eertain examination, Note 2- A Trust servant (other than one who holds | substantively a permanent post} appointed on probation to a | temporary post will be treated for all purposes as a temporary Trust servant &1 Note 8, - The status of a probatiener is to be considered as | having the attributes of a substantive status except where the regulations prescribe otherwise, -(22) "selection grade” means a scale of pay, which has been sanctioned specifically as a selection grade by an order of the Committee with the prior approval of the Government {28) "Special Pay" means an addition, of the nature of pay, to the emoluments of a post of ofa Trust ser vant gmutcd by an onier of the |/ Committes in consideration of~ i

(a) the specially arduous nature of the duties;

(b a specific addition to the work or responsibilicy, (2] “substantive pay” means the pay other than special pay, personal pay or ‘emoluments. classified as pay by Trust under clause (i) of subregulation 17 1 which a Trust servant is entitled on account of a post to whichlie has been appointed substantively or by reasons of his substantive | position in a cadre;

[25) "Temporary post” means a post carrying a definite rate of pay sanitioned 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 are, to all intents | and purposes, quasi-permanent or when they have been sanctioned for 1 | period of not less than, or there is reason to beliove that they will not | terminate within a period of three years. Tn all other cases, appointments | in temporary posts should be made in an officiating capacity ouly.

Instructions,- The benefit of substantive appointment to temporary posts i contemplated in the above note should not be allowed 1o be enjoyed by more than one person simu‘.lmn_eouslf. Therefore, where a Trust servant has already been appeinted substantively o temporary post and there is a temporary imterruption in his tenure of the post, it. would not be proper to appoint another Trust servant substantively to the post during such temparary internuption, For this purpese, 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 fl].ruar]y appoin:fll substantively to it unless the previous holder of the post has béen transferred from it permanently or unless he has been transferred temporarily and there is | reason to believe that he will remain absent from the post for a period of | not less than three years, | | {26) "Tenure post ™ means a permanent post which an individual Trust | servant may not hold, for more than a limited period without | reappointment.

{27) “T'ime-Scale Pay " means pay which.- (a) subject to any conditions preseribed in these regulations, rises by periodical increments from a minimum to a maximun, (b} Time-scales are $aitl to be identical, if the minimum, the maximum, the period of increment and the rate of inerement of the time-scales are identical, {c) A post is said to be on the same time-scale as another post on timescale, if the two time-scales are identical and the posts fall within a cadre, | ar a Group in a cadre, such cadre or duties of approximately the same character or degree of¥esponsibility in #service or establishment or group of establishments, so that the pay of the holder of any particular pest is determined by his position in the cadre or Group and not by the fact that he holds that post.

(28} “Transfer” means the movement of & Trust servant from one headquarter station in which he is employed to another such station either, (@) to take up the duties pfa new post; or (b} in consequence of a change of his headquarters.

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

(80) “Trust” means theTm:st- constituted under the Shree Siddhi Vinayak Ganpati Temple Trust(Prabhadevi} Act, 1950 (Mah. V1 of 1981).

CHAFTER LI JOINING TIME

9. When admissible,~ Joining time may be granted to a Trust servant to enable him- {1) to join a new post either at the same or a new station without availing himself of any leave on relinquishing charge of his old post;

(2) to join a new post in a new station on return from, -

(a) leave of not more than 180 days’ duration;

(b} leave other than that specified in sub-clause (a), when he has not had sufficient notice of his appointment to the new post.

Note 1-The authority which ordered the transfer will decide whether Trust servant has not had sufficient notice under clause (b of sub-regulation (£7] of regulation 9, Note 2,-Joining time may also be admissible under this rule to Trust servant shifted enblock from one place to another | 83 in consequence of a change of his headquarters due to | shifting of office.

Where this provision sits

ActThese Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Joining Time, Suspension,Dismissal and Removal) Regulations, 2008.
Section8
Marginal noteDefinitions
JurisdictionState of Maharashtra
StatusIn force as published by the source

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