These Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Joining Time, Suspension,Dismissal and Removal) Regulations, 2008.

" Shree Siddhivinayak Ganpati Temple Trust (Prabhadevi) Services (Joining Time and Payments during Suspension, Dismissal and Removal) Regulations, 2008, Tn exercise of the powers conferred by sub-section {8) of section 18 read with sub-section (2) of section 14 of Shree §iddhi Vinayak Ganpati | Temple Trust (Prebhadevi) Act,1980 (Mah.V1 of 1981), the Shree Siddhi Vinayak Ganpati Temple Trust Maragement Committee, after prior approval of the Governiment of Maharashtea, hereby makes the following regulations, namely i - CHAPTER =1 GENERAL 1. Short title and commencement.- ( 1) These Regulations may be called the Shree Siddhi Vinayal Ganpati Temple Trust (Prabhadevi) Services {Toining Time and Payments during Suspension, Dismissal and Removal) Regulations, 2008, {2) They shall come into force on 4% August 2008 2. Extent of applivation.- Except as otherwise provided by or under these regulations, these regulations shall apply to all persons appointed to the Trust services and posts in connection with the affairs of the Trust. 5. Power of interpretation- if any guestion arises relating to the interpretation of these regulations, it shall be referred to the Commuttee, whose decision thereon shall be final, 4. Power of relaxation~ Where the Committee is satisfied that the operation of any of these ragulations causes or is likely to cause undue hardship in the case of auy Trust servant or class of Trustservants, it may, by an order in writing, exempt any Such Trust servant or class of Trust servants from any provisions of these regulations or may divect that such provisions shall apply to such Trost servants or class of Trust servants with such modifications not affecting the substance thereof 15 may be specified in such order. 5. Validity of terms of contract-The terms of a specific contract enforceable at law, necessarily override the provisions of these regulations. 6. Regulation of claims to pay and allowances.-A Trust servant's claim o pay and allowances is regulated by the Regulations in force at the time respect of which the pay and allowances are earned [ 7. Exercise and delegation of powers under these regulation.- It shall be open to the Committee to preseribe by general or special order, the powers to be exercised or delegated under these regulations to the Executive Officer or any other officer of the Trust. L i CHAPTER II DEFINITIONS 8. Definitions.- 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 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 under- i) To calculate 3 months and 20 days on and from the 25% January, the following method should he adopted:- | 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 (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 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 sub- regulation 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 time- scale, 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 | in consequence of a change of his headquarters due to | shifting of office. 10. Change of appointment at the same station.- (1) Nojoining time is Fadmissible when the change of appointment does not invalve an actusl change of office. (2} Joining time of not more than one day is allowed when,~ (a) the appeintment to a post inanew office does not involve | a change of fesidence from one station to another, or {b) there is an actual change of office in the same station. {3) A holiday or Sunday counts as a day for the purpose aof this rule | 11. Extension of joining time when holidays follow joining time.- | When one or more holidays follow joining time the normal Juining time may be deemed to have been extended to cover such holidays, 12. How joining time is calculated.- (1) The joining time of a Trust Servant in cases involving a transfer from one station to another is subject to a maximum of thirty days. Seven days including Sunday and holidays are allowed for preparation and in addition to 4 period to cover the actual Journey caleulated as follows:- (a} One day for journeys on wansfir 10 a place whether the same district or in an adjoining district (i.e. a district having @ common border at any point; () Two days for journeys on transfer to a place other than those mentioned in clause () above, (2] When a Trust Servant is required to join a new post without availing of the full joining time, the number of days of joining time as admissible under sub-regulation (1), subject to a maximum of ten days, reduced by the number of days acwally availed of, shall be credited to his leave account as earned leave, Note- Sunday does not count a5 a day for the purpose of caleulating the days of actual journey but a holiday shall be included therein, However, Sundays are included in the maximum period of thirty days. 13. Admissibility of joining time when appointment is changed while in transit.- If a Trust seevant is appointed to a new pest while in transit from one post to another, his joining time begins on the day following that on which he receives the order of appointment; but a second period of seven days for preparation will not be allowed to him, 14. Leave taken while in transit.- If'a Trust servant takes leave while in transit from one post to another, the period which has elapsed since he hander over the charge of his old post must be included in his leave: Provided that, in cases where leave on medical grounds is taken after availing of normal joining time, the split up of the spell of absence allowing joining time firat and leave afterwards, may be allowed to stand. | 15. Calewlation of joining time, when appointment is made while on | leave. - (1) If a Trust servant is appointed to a new post while on leave of not move than one hundped eighty days duration, his joining time will be caleulated from his old headquarters to the new headquarters irrespective of the place where he spends leave or receives posting orders. I he is om leave and out of India and veceives the order before he arrives at the port of debarkation, then for the purpose of this regulation, it will be assumed that he received the order at the post to which he is transferred is at the port of debarkation, he miay be allowed joining time of one day. (@) The periad of joining tme admissible to a Trust servant, who proceeds on leave not exceeding one hundred eighty days from his old post and wheo 15 posted to a new post in znother station where he is spending the leave, should be caloulated under regulation 12, This pravision is ‘dlso apphicable to cases falling under clause (b) of sub- regulation {2) of regulanon 9, 16. Joining time to be calculated from place of handing over charge.- If a Trust servant is authorised to make over charge of a post elsewhere than at its headguarters, his-joining time shall be caloulated from the place at which he makes over charge. 17, Joining time to be calculated from the old headguarters to the new headguarters in case of a transfer on tour to the tour station.— IF the headgquarters of a Trust servant while on tour is changed to the tour station itself, or his temporary transfer is converted nto permanent transfer by the tompetent authority, his joining time may be caleulated from the old headquarters to the new headquarzers, in case he actually performs journey to his old headquarters for winding up his households, ele; 18, Extension of joining time when charge consists of several stores or scattered works or offices In cases in which the charge to be transferved consists of several stores and/or scattered works which the relieving and the relieved Trist servants are required to inspect together before the transfer of charge is completed, the Executive Officer may extend the charge joining time by the period required for completing the transfer of charge. 19, Extension of joining time by Committee,- committee may in any case extend the joining time admissible under these regulations. 20. Circumstances in which joining time can be extended by a competent authority.- Within the prescribed maximum of thirty days, a competent authority may, on such conditions as it thinks fit, grant to a | Trust servant a longer period of joining time than admissible under the regulations in the following circumstances:- () when the Trust servant has been unable to use the ordinary mode of travelling or, notwithstanding due diligerice em his part, has spent more time on the journey | than is allowed by the regilations; or ' (b) when such extension is considered necessary for the saving of such expenditure as is caused by unnecessary or purely formal transfer; or {c) when the regulations have in-any particular case operated harshly, as for example when a Trust servant hes, though no fault on his part. missed a steamer or has fallen sick while on the journey. 21. Joining time not admissible when transferred at own request.- [f | a Trust servant @5 transferred at his own reguest, he will not be entitled to sy joining time, The competent authority may grant, at its discretion, leave due and admissible to him, for the period from handing over charge at the old station to taffihg over at the other, if Trust servant applies for it 2¢2. Overstayal- A trust servant who does not join his post within his Joining time is entitled to no pay or leave salary after the end ofthe joining | time. Willful absence from duty after the expiry of jeining time may be | treated as mishehavieur, 23. Pay during joining time.- A Trust servant on joining time shall be regarded as on duty and shall be entitled to be paid as follows.- (a} where joining time is granted under sub-regulation (1) of regulation 2, the pay which he would have drawn; (b) where the joining time is granted under sub-regulation (2} of regulation 9, pay cqual to the leave salary which the Trust servant would have drawn, had he been on earned leave. | from service, cease from the date of such dismissal or removal 235, Gmfit of leave not pe wissible during suspension.- Leave may not = {b) Other compensatory allowance will be based on the | CHAPTER IV PAYMENTS DURING SUSPENSION, DISMISSAL AND REMOVAL 24, Pay and allowances cease from the date of dismissal or removal.- The pay and allowances of a Trust servant, who is dismissed or removed be granted to a Trust servant under suspensien. 26. Subsistence allowance and compensatory allowances during suspension. - A Trust servant under suspension or decmed to have been placed under suspension by an order of the appointing authority shall be entitled to the following payments, namely: - {a) & subsistence allowance at an smouint equal to the leave salary whigh the Trust servant would have drawn if he had been pn leave on halfpay and, inaddition dearness allowance based on such leave salary: Provided that, where the period of suspension exceeds six months, the authority w]‘iudn made or is deemed to have made the order of suspension shall be compgtent to vary the amount of subsistence allowance for any period subsequent to the periad of first six months as followes;- (i} it miay be mereased by a suitable amount, not exceeding “fifty per cent of the subsistence allowance admissible during e pevied of first tuee months if 'in the opinion of the said authorityy the period of suspension has been prolonged for reasons, to berecorded in writing, not directly attributable o the Trust servant; (i) it may be reduced by a suitable amount, not exceeding fitty per cent of the subsistence allowance admissible during the period of the first three months if, in the opinion of the said authority, the period of suspension has been prolonged due to rensons, to be- recorded in writing, directly attributable te the Trust servant; (i) the rate of dearness allowance will be based on the increased or, as the case may be, the decreased amount of subsistence allowsnee admissible under sub-clauses (i) and inereased or, as the case may be, the decreased amount uf| a7 subsistence allowanze admissible under sub-clanses (i) and (i), above: Provided that, the Trust servant shall not be entitled to the compensatory allowances unless the said authority is satisfied that the Trust servant continues to meet the expenditure for which they are | granted 27. Recovery of Trust dues from subsistence allowances and furnishing of non-employment certificate while under suspension.- {1} Notwithstanding anything contained in sub-regulation (1) of] regulation 26, the nuthorily-suspcnding the Trust servant may withhold the payment of dearness allowance and/or compensatory allowances to the Trust servant under suspension and appraopriate the same towards the payment of any amount which may he due to the Trust. (2} The following provisions apply to. the recovery of dues from the subsistence allowance proper- (a) Compulsory deductions- The following deductions should be enforced from the subsistence allowance proper,- (i) Income — Tax and Profession Tax; (i} License foo and allied charges i.e., electricity, water, furniture ete; {iil) Repayment of loans and advances taken from the Trust at such rates as the Executive Officer deems it right to fix; (b} Optional deductions <The fullowing deductions shall not be made except with the Trust servant’s written consent,- (i) Premia due on Postal Life Assurance Policies; (i) Amounts due to Co-operative Stores and Co- operative Credit Societies; (iii} Refund of advances taken from Provident Fund, (e} Other deductions- The deductions of the following nature shall be made from the subsistence allowance - {1} Subseription to Provident Fund; (i} Amounts due on Court attachments; {iii} Recovery of loss caused to the Trust for which a Trust servant is responsible. {3) There is no bar to effecting the recovery of over payments from the subsistence allowance, but the Executive Officer will exercise discretion ta decide whether the recovery should be held wholly in abeyance during the period of suspersion or it should be effected at full or reduced rate ordinarily not exceeding one-third of the wmount of the subsistence allowance only Le. excluding dearness allowance and other compensatory allowinces. '| {£) No payment under regulation 26{1} shall be made unless the Trust “servant fornishes a certificate to the following effect before payment is made every month- “T certify that I'did not aceept any private employment or engage myself in trade or business during the period in question.” If the authority has anyreasons tn doubt this certificates, it may ask any officer of the Trust ta verify the certificate and if the Trust servant is found to have given a false cersificate that should be construed as an act of misconduet and made an additional charge against him. (5) The compensatory local allowance and heuse rent allowance sanctioned at the discretion of the suspending authority under clause (b) of sub-regulation (1} of regulation 26, can be drawn only if the Trust servant under suspension certifies that he or bis family or both resided for the period for which the allowance is elaimed at the station where he was on duty at the time of suspension. 28, Regularisation of pay and allowances and the period of absence from duty where dismissal, removal or compulsory retirement is set aside as a vesult of appeal or review and such Trust servant is reinstated.- (1) When a Trust servant sho has heen dismissed, removed Or compulsorily retiped is re-i nstated as a result of appesl or review or would have been so re-instated but for his refirement on superannuation while under suspension or not, the authority competent o order re- instatement shall consider and make a speeific order - () regarding the pay and allowances to he paid to the Trust “servant for the period of his absence from duty incliding the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be; and (b whether or not the said period shall be treated as a petiod spent on duty. () Where the authority competent to order re-instatement is of opinion | that the Trust servant who had been dismissed, removed or compulsorily | | retived has been fully exonerated, the Trust servant shall, subject to the provisions of sub-regulation (6}, be paid the full pay and allowances to which he would have been entitled, had he not been dismissed, removed &Y or compulsorily ‘retired or suspended prinr to such dismissal, removal or | compulsory retirement, as the case may be: “Provided that, where such authority is of the opinion that the termination of the proceedings instituted against the Trust servant had been delayed due to reasons directly attributable to the Trust servant, it may, after giving him an opportunity to make his representation within sixty days from the date on which the communication in this regard is served shell, subject to the provisions of sub-regulation (7), be paid for the period of such delay, only such amount (not being the whole) of such pay |"and allowances as it may determine. ‘ ' ¢ (3) In a case falling under sub-regulation (2), the period of absence fram duty including the period of suspension preceding dismissal, removal or compulsory retirement, as the case may be, shall be treated as a period | spent on duty for all purposes. {4} In cases other than those covered by sub-regulation (2), including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the appellate or reviewing authority solely on | the ground of non-compliance with the requirements of clause (2) of Article 511 of the Constitution and no, further inquiry is proposed to be held the Trust servant shall, subject to the provisions of sub-regulations (6} and (7), be paid such proportion of the full pay and allowances to which he would have been entitled, had he not heen dismissed, removed or compulsorily retived or suspended prior to such dismissal, removal or | compulsory retirement. as the case may be, as the Executive Officer may determine after giving notice to the Trust servant of the quantum proposed and &fter considering the representation. if any, submitted by him in that connection within such period which in no case shall exceed sixty days from the date on which the notice bas been served, as may be specified in the notice; Provided that, any payment under this sub-regulation to a Trust servant other than a Trust servant who is governed by the provisions of the Payment of Wages Act, 1936 (£of1 2363 shall be restricted to a periad of three years immediately preceding the date on which orders for ro- instatement of such Trust servant are passed by the appellate authority or reviewing authoriry, or immediately preceding the date of retirement on superantiuation of such Trust servant, as the case may be. (5) In a case falling under sub-resulation (4], the period of sbsence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty, unless the Executive Officer specifically directs that it shall be so treated for any specified purpose: Provided that, if the Trust servant so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsary retivement, =fl a0 the case may be, shall Le converted into leave of any kind due and admissible to the Trust servant. Mote- The order of Executive Officer under-the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of - (#) extraordingry leave in excess of three months in the case of a temporary Trust servant; and {b) leave of any kind on excess of five years in the case of a 7 permanent Trust servant. {6) The payment of allowances under sub-regulation () or (4) shall he subject to all ather conditions underwhich such allowances are admissible. (1) The amount dr.:mniqed_ui\flm- the i\:vo\fl'_’so to sub-regulation (2) or (4] shall not be less than the subsistence allowance and other allowances admissible under regulation 26, (8) Any payment made under this regulations to a Trust servant on biis re- instatement shall be subject to adjustment of the anount, iFany, earnad by him through an employment during the periad between the date of vemoval, dismissal or compulsory refirement, as the case may be, and the date of re-instatement, Where the pay and allowances admissible under this regulation are equal toor less than the amounts earned during the emplogiment elsewhere, no :Tfig shall be paix._l to the Trust servant. 0. Regularisation of pay and allowances and the period of absence from duty where dismissal, removal, or compulsory retirement is set aside by a Court of law and such Trust servant is reinstated- (1) “Where the d.ismissnl..r\;;wuval orcompulsory retirement of a Trust servant is setaside by a Court of law and such Trust servant is re-instited without holding any further inquiry, the peried of absence ‘from duty shall be regularised and the Trust sepvant shall be paid pay and allowances in accordance with the provisions of sub-regulations (2) and (3] subject to the directions, ifany. of the Court. (2} (a) Where the dismissal, removal of compulsory retirement of a Trust servant 15 set aside by the Court solely on the ground of non- compliance with' the requirements of cause (@) of Article 311 of the Constitution, and where he 15 not exonerated an merits, the Trust servant shall, subject to the. provisions of sub-regulation {7) of regulation 28, be paid such amount (not being the whole] of the pay and allowances to which he would have been entitied had he not been dismissed, removed or compuisorily retired or suspended pror to such dismissal, rvemoval, or compulsory reticement, as the case may be, as the Executive Officer may determing after giving notice to the Trust servant of the quantum proposed and after considering the representation, if any, submitted by | him, in that connection within such period which in no case shall exceed | sixty days from the date on which the notice has heen served as may be specified in the notice; Provided that, any payment under this sub-regulation to a Trust servant other than a Trust servant who is governed by the provisions of the Payment of Wages Act, 1986 (4 of 1638) shall be restrieted to a period of three years immediately preceding the date on which the judgement of the Court was passed or the date of retirement on superantuationof such Trust servant, as the case may be, {b) The period intervening between the date of dismissal, removal or eompulsory retivement including the period of suspension preceding such Udismissal, removal or | compulsory retirement, as the case may be, and the date of | Judgement of the court shall be regularised in accordance with the provisions contained in sub-regulation (5) of regulation 25, (#) If the dismissal. removal or compulsory retirement of a Trust servant is set aside by the Court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement ineluding the period of suspension preceding such dismissal, removal or compulsory retirerment, as the case may be, and the date of re-instatement ' shall be treated as duty for all purposes and he shall be paid the full pay and allowances for the period, to which he would have heen entitled, had he not heen dismissed, removed or cumpulaorii}' retired or suspended prior ta such disnussal, removal or compulsory retirement, as the case may | Ly (#) The payment of allowances under sub-regulation (2) or suh-regulation (8) shall be subject to all other conditions under which such allowances are admissibile. () Any payment made under this regulation to a Trust servant on his re- instatement shall be subject to adjustment of the amount, ifany, earned by him through an employment during the period between the date of | dismissal, removal or compulsory retirement and the date of re- instatement, Where the pay and allowances are admissible under this rule are equal 10 or less than those earned during the employment elsewhere, nothing shall be paid to the Trust servant. 0. Re-instatement of a Trust servant after suspension and specific order of the Executive Officer regarding pay and allowances etc., and treatment of period as spent on duty.- (1) When a Trust servant who has been suspended is re-instated or would have been so reinstated but for his retirement on superannuation while under suspension, the authority competent to order re-instatement shall consider and make a specific order,- a2 {a) regarding the pay and allowances to be paid to the Trust servant for the periad of suspension ending with re- instatement or the date of his retivement on superannuation as the case may be; and 3 {b) whether or not the said period shall be treated as a period spent on duty. {2) Motwithstanding anything contained in regulation 26, where a Trust servant imder suspension dies before the disciplinary or court procecdings | instituted against him concluded, the peviod between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled, had he not been suspended, subject to adjustment in respect of subsistence allowance already paic (3) Where the authority competent to order re-instatement is of the apinicn that the suspension was wholly unjustified, the Trust servant shall, subject to the provisions of sub-regulation (8}, be paid the full pay and allowances to which he would have been entitled, had he not been suspended - Provided that, where such authority is of the opinion that the termination of the proceeding instituted againse the Trust servant had been delayed due to reasens direetly attributable to the Trust servent, it may, after gving him an riunity to make his representation within sixty days from the date on which the communication in this regard is served on him and after considering the representation, if any, submitted by him; diveet, for reasons to be recorded in writing that the Trust servant shall be paid for the peried of such delay only such amount (not being the whole) of such pay and allowances as it may determine. (4 Ln s case falling under sub-regulation (8}, the period of suspension shall be treated as a period spent on duty for all purposes, (%) In cases other than these falling under ‘sub- regulations (2) and (4), the Trust scrvant shall, subjsct to the provisions of sub-regulations (&) and (9}, be paid such amaunt {not being the whole) of the pay and allowances to which hie would have been entitled, biad be not been suspended, as the Executive Officer may determine, after giving notice to the Trust servant of the quantum proposed and after considering the representation, if any, submitted by himin that connection within such peried which in no case shall exceed sixty days from the date on which the notice has been served, s may be specified in the notice, {B) Where suspension is revoked pending [inalisation of the disciplinary or court proceedings, any order passed under sub-regulation (1), hefore the conclusion of the proceedings against the Trust servant, shall be reviewed on its own motion in sub- regulation (1), who shall make an order according to the provisions of sub-regulation (3) or (), as the case | may be. {7) Inz case falling under sub-regulation (5), the period of suspension shall not be treated as a period spent on duty, unless the Executive Officer specifically directs that it shall be so treated for any specified purpose - Provided that, if the Trust servant so desires, such authority may order that the period of suspension shall be covered into leave of any kind | “due and admissible to the Trust servant. ’ | Note,- The order of the Executive Officer under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of- {a) extracrdinary leave inexcess of three months in the case of a temporary Trust servant; and (b) Teave of any kind in excess of five years in the case of permanent Trust servant. (8) The payment of allowances under sub-regulations (2}, (3}, or (5) shall be subject to all other conditions under which such allowances are admissible. (9] The amount determined undet the provisa to sub- regulation (3} or (8], shall not be less than the subsistence allowance and other allowances | admissible under regulation 26. 51. No extra cost to be incurred by the grant of pay and allowances | under Regulations 28 to 30 without the permission of the Committee.- No extra cost may be incwrred by the grant of pay and allowances under regulations 28 and 20 exceptsub-regulations (2} and (3) of regulation 30 without the permission of the Committee In cases, however, where the cost does not exceed Rs. 20,000/ and where the period during which the Trust servant has remained unemployed during suspension, removal or disnissal from service, does not exceed two years, the excess expenditure may be admitted on the sanction of the authority mentioned in regulations 28 and 29 except sub-regulations (2} and (3) of regulation 50, Note 1~ It 15 necessary under this regulation to obtain the approval of the Commmtiee to the payment of ,- (a) any amount exceeding Rs. 20,000/=; or (b} any amount not exceeding Rs. 20,000/~ if the period in respect of which it is paid, exceeds two years, Nate 2- Departmental Engu m disciplinary matters are generally not completed expeditiously and that at times drag on for a considerably long time. Such enquivics should be held and completed as quickly as possible and that in any case the period skibuld not excead three months from the date a decision has been taken to hold a departmental enquiry. If for any reasons the enquiry is likely to take a longer time, the Enquiry Officer, should submit a report to the Executive Officer giving reasons for the delay and the “latter should obtzin the sanction of the Committee for allowing the Enquiry Officer an extension of time to complete bis enquiry, if hé is satisfied that there is a case for such extension, In case the Executive Officer is himself ‘the Enquiry Officer, he should report the reasons for delay, if any, to the Committee and abtain an extension of time for completing the enquiry. 32. Adjustment of subsistence allowance against final payment.- The amount of subsistence allowance. if any, already diawn 15 to be deducted from the pay _snd allowances of proportion of them, which may be granted under vegulations 28, 20 or 30, as the case may be. 43, Filling in vacant posts substantively dee to reduction, removal or dismissal, after one year.- Posts vacated due to reduction, removal or dismissal of the Trust servant from service, muy be filled substantively only after the expiry of the period of one year of the date of such reduction, removil or dismissal, as the case may be, subject to the condition that the arrangements thus made will be reversed if such Trust servants are re- instated on appeal. 34, Grant of pay and allowances on re-instatement does not cancel officiating arrangement.- The grant of pay and allowances or a proportien of them under regulations 28, 26 or 50 does not cancel any acting arrangements which may have been in force during the period of Trust servant's suspension, removal, dismissal or reduction, Executive Officer Shree Siddhivinayak Ganapati Temple Trust Management Committee