These Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Conduct) Regulations, 2008.

Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Conduct) Regulations, 2004. The Shree Siddhi - Vinayak Ganpati Temple . Trust A {Prabhkadevi) Act, 1980. In exercise of the powers conferred by sub-section (3} of section 18 read with sub-section (2) of section 14 of the Shree siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Act, 1980 (Mah V1 of 1681, the Shree Siddhi Vinayak Ganpati Temple Trust Management Commitiee, hereby makes, with previous approval of the Government of Maharashtra, the following regulutions, namely: - 1. Short title, application and saving - (1) These regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services {Conduct) Regulations, 2008 (2) They shall come into force on 4% August 2008 (9) Exceptas 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. 2, Definitions~ In these regulations, unless the context otherwise raquire, - {a) "Act” means the Shree Siddhi Vinayak Ganpati Temple 'I“rust{Prs'[!_}Egdevj}Act, 1880 (Mah VT of 199 1); {b) “Commitee * means the Management Comunittee constituted under section 5 of the Act; (¢) “Execitive Officer” means the Executive Officer appointed by Government under section 12 of the Act; (d} "Government” means the Government of Maharaghira: (&) "Group A, Group B, Group C and Group D posts” means- the posts as classified under the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (General () "members of family” in relation to the Trust servant includes - (i) the wife or husband, as the case may be, of the Trust servant, whether residing with the Trust servant or not but does not include a wife or husband, as the case may be, separated from the Trust servant by a decree or order of a competent court; T {il) son or daughter or step-son or step-daughter of the Trust servant who is wl:ullj. dcpendcm on him but does not include a son or daughter or step-son or step=- daughter who i no longer in any way dependent on the Trust servant or of whose custody the Trust servant has been deprived by or under any daw; - i - . (i) any other person related, whether by blood or marriage to the Trust servant o to the Trust servant's sponse and wholly dependent on the Trust servant; (g Trust” means Shree Siddhi Vinayak Ganpati Temple Trust Prabhadevi); / {h} “Trust servant” means any person who is appointed toTrust service or post in connection with the affairs of the Trust, £ Duty of Trust servant to maintain integrity, devotion to" (1) Every ']'rfi%}&::want shall at all times, - (i} maintain absolute integrity; (i1) maintain devotion to duty; and (iii} do nothing which is unbecoming of a Trust servant, (2) Every Trust servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Trust servants for the time being under his control and authority. () Trust servant shall, in the performance of his official duties or in the exercise of powers conferred on him act otherwise than in his best Judgement except when he is acting under the direction of his official superior and shall, where he is acting under such direction, obtain the direction in writing, wherever practicable, and where it is not practicable to obtain the direction in writing, he shall obtain the written confirmation of the said divection as soon as possible [#) Nothing in sub-regulation (8] shall be construed as empowering a Trust servant to evade his responsibilities by seeling instructions from, or, approval of, a superior officer or authority when such instructions are not necessary under the scheme of distribution of powers and reaponaibilities. 4, Taking part in politics and cleetions~ {1} No Trust servant shall be s‘member of or be otherwise associated with, any political party or any organisation which takes part in politics, nor shall he take part in, or subscribe in aid of, or assist in any other manner, any political movement or activity. (2} It shall be the duty of every Trust servant to endeavour to prevent any member D{‘I’lifi-rflfl}n’f from takins part in, guhscfilsing i aid of, or assisting in any other manner any movement or activity which is, or which tends directly or indivectly to be, subversive of any Government in India as by law established, and where a Trust servant is unable to prevent a member oft his family from taking part in subscribing in aid of, or assisting inany vther manner, any such movement or activity, he shall makea report to that effect to the Executive Officer. {8) Whether any party is a palitical party, or whether any organisation takes part in politics or whether any movement or activity falls within the scope of this regulation, the decision of the Committee thereon shall be final. (4) No Trust s'ewn'fi‘;%l‘lall canvass or otherwise interfore with or use his influence in connection with, or take part in an election to any legislature or local authority (bercinafter referred to as “the election”}; Provided that. a Trust servant qualified to vote at such election may exgreise his right to vote, and where he does so, he shall give no indication of the mapner in which Lie proposes to vote or has voted, Explanations.- (1) Where a Trust servant assist in the conduct of an election in due performance of'a duty imposed on him by or under any law for the time being in force or by an order of the Competent Authority, be shall not be deemed 1o have contravened the provisions of this regulation; (2) The display by a Trust servant on his persom, vehicle or residence of any electoral symbol shall amount to using his influence in connection with the election and his proposing or seconding the nomination of 4 candidate at the election shall amount to taking part in the election within the meaning of this regulation, and accordingly, the Trust servant shall, in any such eventualities, be deemed to have contravened the provisions of this regulation. n 5. Demonstration and Strikes - No Trust servant shall, - (i)} engage himself or participate in any demonstration which is prejudicial to the interest of the Trist, sovereignty and integrity of " India, the security of the State , friendly relations with foreign States, public order, decency or morality, or which invelves contempt of court, defamation or incitement to an offence; or (i) resort to, or in any way abet, any form of strike in connection with any matter pertaining to his service : Provided that, nothing in this sub-clause shall be deemed to prohibit those Trust servant from resorting to any strike who are expressly permitted 1o resore to such a strile under any law for the time being in force. 6. Prohibition against unauthorised supply of information, ete- No - Trust servant shall, except in aceordance with any general or special order of the Committes or in the performance in good faith of the duties assigned to him, commumeate, directly or indirectly, any official document or any part t hereof or information to any T'rust servant or any other person to whom he is not authorised to communicate such document or information. 7. Subscriptions- No ‘Irust servant shall, except with the previous sanction of the Comumittee or, of the Executive Officer, ask for or accept contributions te, or otharwise associate himself with the raising of, any funds or other collections in" cash or in kind in pursuance of any chject whatsoever. & Gifts.- { 1}Save as otherwise provided in these regulations, no Trust servant shall accept, or pecmit any member of lis family or any person acting on his behalf to accept any gift. Explanation.- The expression "gift” include free transport, bourding, lodging or other service or any other pecuniary advantage when provided to any person other than a near relative or personal friend having no official dealings with the Trust servant, Note I- A casual meal, lift or other soeial lli.l.'iplllfllllt_\’ shall not be desmed to be a gift, Note I- A Trust servant shall avoid accepting lavish hospitality or frequent hospitelity from any individual having official dealings with him or from industrial or commercial fivms, or ganisations or any similar bodies, (2) On occasions, sueh as weddings, anniversaries, funerals or religious = fimetions, when the making ofu gift is in conformity with the prevailing rveligious or social practice, a Trust servant may accept gifts from his near relatives, but he shall make report to the Executive Officer if the value of any such gift exceeds- {i) Rs7500 in the case ofa Trust servantholding any Group A or (i) Rs. 250 in the case of a Trust servant holding any Group C post; and (itf) Rs. 100 in the case of 3 Trust servant holding any Group D post, (8] On such ceeasions as are specified in sub-regulation (2}, a Trust servant may accept gifts trom his personal [riends having no official dealing with him, but he shall make a report to the Exccutive Officer if the value of any such gift cxceeds- (i) Rs.200 in the case of a Trustservant holding any Group A or Group B post; ’ (ii) Rs,100 in the case ofa Trust servant holding any Group C post; and (iii) Rs. 50 in the case of a Trust servant holding any Group D post, 9, Public demonstrations in honour of Trust servants - No Trust servant shall, exgept with the previous sanction of the Committee, receive any complimentary or wvaledictory address or accept any testimonial or attend my meeting or entertainment held in his honour, or in the honour of any other Trust servant: Provided that, nothing in this regulation shall apply to.— (i) a farewell entertaiiment of a substantially private and informal character held o honour of a Trust servant or any other Trust servant on the oeeasion of his retivement or transter or any person who has recently quit the service of the Trust; or (ii) the acceptance of simple and inexpensive entertainment arranged by public bodies or instittions, Note.- Exercise of pressure or influence or any sort on any Trust servant to induce him to subscribe towards any farcwell entertainment even if it is of a substantially private or informal chavacter, and the collection of subscriptions from Group C or Group I employees under , any circumstances for the entertainment of any Trust servant not heinnging to Graup C or Group D, is forbidden. 10. Sitting for portrait.- Nothing in regulation & or regulation 9, shall prevent any Trust servant from sitting at the request of any public body for a portrait, bust or other statue not intended for presentation to him, 11. Purchase of resignation - A Trust servant shall not enter into any pr:(,uniary arrangement for the |'.:fiigna(ion h:,' one of the Trust servants of any office held by him under the Trust for the benefit of any other - person; and any pomination or appointment made consequent upon such resignation shall be cancelled and the parties to the arrangement as are still in service shall be suspended, pending the orders of the Committee, 1%, Private trade or employment - ( 1) No Trust servant shall, except with the previous sanction of the Committes, engage directly or indirectly in any trade or business or undertale any other emplayment Provided that, a Trust servant may, without such sanction, undertale honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific character, subjeet ko the condition that his official duties do not therehy suffer; but he shall not undertale, or shall discontinue such work i so directed by the Execntive Officer. Explanations.- {iy Canvassing by a Trust servant in. support of the business of INSUTANCE Agencypeommission agency, erc. owned or managed by his wifi or any other member of his fimily shall be desmed to be a breach of this sub-regulation. = (it} Ewery Trust seyvant shall report to the Executive Officer, if any member of his family is engaged in a trade or business or owns Or manages an iNSUrance agency or COMMmIssion agency. (i} No Trust servant shall, without previeus sanction of the Executive Officer, except in the discharge of his official duties, take part in the registration, promotion or management of any bank or other company which is required to be registered under the Companies Act, 1956 (1 of 1946), or any other law for the time being in force or any co-operative society for commercial purposes ; Provided that, a Trust servant may take part in the registration, promotion or management of a co-operative society substantially for the benefit of Trust servants, registered under the Maharashtra Co- operative Societies Act, 1060 (Maly XXIV of 1861}, or any other law for the time being in force, or ofa literary, scientific or charitable society vegistered under the Societies Registration Act, 1860 (21 of 1860], or any corresponding law in force ) {4) No Trust servant may accept any fee for any work done by him for any public body or any private person withaut the —sanction of the Executi vr.-()ffioer. (5) No Trust servank i whose case permission to take up commercial ‘employment impm Eel)' aftex retivement is necessary should, while still in service negotiate for any commercial employment after retirement without obtaining -prior permission of the Executive Officer. ; 13. Investment, lending and borrowing - (1) No Trust servant shall speculate in any stock, share or other imvestment. Explanations.- (1) Frequent purchase or sale or both, of shares, securinies or other investment shall be deemed to be speculation within the meaning of this sub-regulation. (2) Mo Trustservans shall make, or permit any member of his family or any person acting on his behalf to make, any investment which is likely to embarrass or anfluence him in the discharge of his official duties. (8) If any question arises whether any transaction is of the nature referved to in subsregulation (1) or sub- regulation {2), the decision of the Committee therean shall be final. (4) (i) No Trust servent shall, save in the ordinary course of business with a bank or a firm of standing duly authorised to conduct banking business, either bimself or through any member of his family or any other person acting on his behalf, - (#) lend or borraw money, as principal or agent, to or from any person within the Tocal limits or with whom he is likely to have official dealings, or otherwise place himsell under any pecuniary obligation to such person; or (b) lend money to any person at interest or in a manner whereby n money or in kind is charged or paid : Providad that, a Trust servant may give to or accept fram a relutive or a personal friend, & purely temporary loan of a small amount firee of interest, or operate a credit account with a bonafide tr'adesnnn or make an advanee of pay to his private employee: Provided further that, nothing in this sub-regulation shall apply in respect of any transaction entered into by a T'rust servant with the previous sanction of the Executive Officer. - (i1} When a Trust servant is appointed or transferred to a post of such nature as would involve him in the breach of any of the provisions of sub-regulation (2) or aub—resnlatmn (%), he shall forthwith report the circumstanees to the Executive Officer, and shall ‘thereafter act in accordance with such order as may be made by the Executive Officer. |5} Notwithstanding anything contamed in sub- regulation (4) - (a) the Commuttee may, regard being had to the circumstances of each case, relax any of the provisions of sub- regulation (4) in the case of Trust servants belonging to Group C or Group D service; (b) the Committee may direct that in relation to loans to, or borrowing, by Trust servants from, any Co-operative saciety registered or deemed to be tegistered under the Maharashtra Co-operative Societies Act, 1960 [Mzh. XXIV of 1961), the provisions of sub- regulation (4] shall apply with such restrictions or relaxation as the Committee may specify, 14, INSOLVENCY AND HABITUAL INDEBTEDNESS - (1} When a Trust servant 18 adjudged-or declared an insolvent or when a meiety of his salary is constantly being attached, or has been continuously under attachment for a period exceeding two years, Of is attached for a sum, which in ordinary circumstances, cannot be repaid within a period of two years, he shall be liable to be dismissed; and in such cases, the Exeeutive Officer shall report the matter to the Committee. 2} Where a moiety of the salary of a Trust servant is attached, the veport shall show the propertion of his debts to the salary, bow far the debts detract from the debtor’s efficiency as a Trust servant, whether the debtor's position is irretrievable, and whether in the circumstances of the case, it is desirable o retain him in the post held by him at the time when the matter is hrought to the notice of the Committee. (8) In every case under this regulation, the burden of proving that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, the Trust servant could not have foreseen or over which he had no control, and has not proceeded from extravagant or dissipated habits shall be upon the Trust servant. 15. Movable, immovable and valuable property.- (1) Every Trust servant shall on his first appointment to any service or post, and thereafter, at such intervals as may be specified by the Committee, submit a return of his assets and liabilities in such form as may be pn\scnbad by the Committee giving the full |ndrt|c:ui.a: 5 I e-gmmng‘ . {a) the immovable. property inherited by him or owned or acquired by him or held by him o lme ar marlfiage, either in his own name or in the name of any member ofhis family or in the name of any other persony; (b) shares, debentures and eash mcluding bank deposits | inherited by him or similarly ewned, acquired or held by him; {c) other movable property mherited by him or similarly owned or acguired or held by him; (d) debts and other liabilities incurred by him directly or indireetly. Note I -Sub-regulation (1 shall not ordinarily apply to Group D servants but the Committee may divect that it shall apply to any such Trust servant or class of such Trust servants, ’ Note I - In all veturns, the values of item of movable property worth less than Rs. 2000/~ may be added end shown as a lamp sum. The values of articles of daily use such as clothes, utensils, crockery, books, ete, need not be included in such return. - Mote Il - Every Trust servant who is in service on the date of the commencement of these regulations shall submit a return under this sub- regulation on or before such date as may be specified by the Committee after such commencement, (@) No Trust servant shall, except with the previous knowledge of the Executive Officer, acquive or dispose of any immovable property by lease, mortgage, purchase, sale, gift, or otherwise either in his own name or in the name of any member of his family - Provided that, the previous sanction of the Executive Officer shall be obtained by the Trust servant if any such transaction is- 0] with a person having official dealing with the Trust servant, or (i) otherwise than through a regular or reputed dealer, 13) Every Trust servant shall report to the Executive Officer every transaction entered into By him either in his own name or in the name of a member of his family in respect of movable property if the valie of such property exceeds Rs, 10,000/~ in the case of a Trust servant holding any Group A or Group B post, or Rs. 5000/~ in the case of 1 Trust servant heldmg any Group C or Group ) post: Provided that, the previeus sanction of the prescribed aut]mrit_y.fi hall be obtained if any such transaction is, - i with a person having official dealing with the Trust servant; or P £ g (i3] otherwise than through a regular or reputed dealer, (4} Notwithstanding anything contained in sub-regulation (2) and (3} any transaction entered into'.'by the spouse or any other member of family of Trust servant out of Ms or her own funds (including stridban, gifts, inheritance, etc.) as distin ct fiom the finds of the Trust servant himself, in his or her name, end i his or her own right, shall not be treated as a transaction entered into by the member of the family of Trustservant within the meaning of sub-regulations (2] and (5). {#] The Commitiee or the Executive Officer may at any time, by general or special order, require a Trustservant to furnish, within a period spec]fied in the order, a full and complete statement of such movable ar immovable property held or acquived by him or on his behalf or by any member of his family as may be specified in the order. Such statement shall, if so required by the Committee or by the Executive Officer, include the details of the means by which, or the source from which, such property was acquired, along with the evidenoe in support of sucl statement, {6) The Committee may exempt any category of Trust Servant belonging to Group € or Group D from any of the provisions of this regulation except sub-regulation (5, Explination- For the purpose of this regulation. the expression “movable property” includes- (a} jewellery, msurance policies the annual premium of which exceeds Rs, 2,000/~ or one sixth of the total annual emoluments received from the Trust whichever is less, shares, securities and debentures; (b) loans, advances by such Trust servant whether secured or not; {C) motor cars, motor cycles or any other means of comveyance; and (d) refrigerators, radios, T_V. sets, any other electronic appliances and gadgets, 16. Vindication of acts and character of Trust servant. - (i} No Trust servant shall, except with the previous sanction of the Committes have Tecourse to any court or to the press for the vindication uf‘au‘y official act which has been the subject matter of adverse criticism or an attack of defamatory character. {2) Nothing in sub- regulation (1) shall be deemed to prohibit a Trust servant from vindicating his private charactér oy any act done hy him in his private capacity and, whé'he'fln_v action for vindieating his private character or any act done by himin private capacity is talen, the Trust servant shall submit areport to the Executive Officer regarding such action. () In according sanction under sub-regulation (1)~ (@) the Committee shiall i each case decicle- (1) whether it will itself'bear the costs of the proceedings; or (i) whether the Trust servant will institute the proceedings at his own cost, and if so, whether in the event of Trust servant succeeding therein, the Commitzee will reimburse him to the extent of the whole or any part of the cost incurred by him us is in excess of the cost or damages, if any, awarded 10 him by the court; and T : (b) where the Commitiee decides to bear the costs of proceedings instituted by & Trust servant, it shall be expressly stated that the amount of compensation, damages or costs awarded by the Court, if any, to the Trust servant shall be first set off against the cost bome by the Committee and the balance, iFany, shall onlpbe retained by the Trust servant. 17. Prevention of sexual harassment of working womanly.- {1} No Trust sevvant shall indulge in any act of sexual harassment of any women at her work place: (2) Every Trust sevvant who is in charge of a work place shall take necessary steps to prevent sexual harassment to any women at such work place. Explanation.- For the purpose of this regulation “sexual haragssment” includes such unwelcome sexually determined behaviour, whether directly or otherwise such as, - (a) physical contact and advances; (b} a demand or request for sexual favours; (#) sexually coloured remarks; {d) showing pornography; or {e) any other unwelcome physical, verbal or nonverbal conduct of a sexual nature, 18 Canvassing of non-official or other ountside influences- No Trust servant shall bring or attemnpt to bring any political or other outside influence to bear upon any suj\erior authori ty in relation to any matter pertajning o hiis service under the Trust, 19. Membership of or asseciation with communal instiim‘.i.on.g.‘— Mo Trust servant shall by writing, speech or deed, or otherwise indulge in any actvity which 1s likely to incite and create feelings of hatred or ill-will between different communities in India on veligious, racial, regional, communal or other grounds. 20. Association of names with public institutions or works- No Trost servant hall, except with the prévious sanction of the Committee,- (a) associate his own name or allow it to be associated with any public institution, such as, libraries, hospitals, schools or roads and the like; or with such objects, as shields, trophies, prizes, medals and cups and the like; or () allow any member of his family living with or wholly dependent on him to associate his name with any such institution or nbject. 21. Contracting of marriages— (1) Ne Trust servant shall enter into, or contract, & marriage witha person having a . spouse living; and (2) No Trust servant, having a spouse living, shall enter into, or contract, a marriage with any person; Provided that, the Committee may permit a Trust servant to enter into, or contract, any such marriage as 1s veferred to in clause | 1) or clause (2), if it 15 satisfied that- ~ (a) such marriage is permissible under the personal law applicable to such Trust servant and the other party to the marriage; and {by) there are other grounds for so deing. (8) A Trust servant wha has married or marries a person other than of Indian Nationality shall forthwith intimate the fact to the Executive Officer. 22, Prohibition against Dowry- No Trust servant shall, - (1) give or take or abet the giving or taking of dowry, or (it} demand, directly or indirectly, from the parents or guardians of a bride or bridegroom, as the case may be, any dowry. Explanation- For the purpose of this regulation, dowry has the same mealung ‘a5 analgued to it in the Dow1y Prohibition Ac,:, 1961 (28 uf'mi‘]) 25, Prohi or permit any member of lis family or any person acting on his behalf, to employ any child below. the age of 14 years for domestic or any other work. n of employment of children. - No Trust servant shall employ, 21. Consumption of intosicating drinks and drugs- A Trust servant shall,- (a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being: (b} not consume any Mtoxicating drink or drugs while on duty or not be under the influence of any intoxicating drinks or drugs during the course of his duty and shall alse take due care that the performance of his dutics at any time is hot affected in any way by the influence of any such drink or drug; (g} refiain from consuming any intoxicating drink or drug in a public place, 25 Interpretation- [f any questwn arises relating to the interpretation of these regulations, itshall be referred to the Committes, whose decision thereon shall be final. 26. Drelegation of Powers - The Cornmittee may, by general .or special order direct that any power exercisable by it or Executive officer under these regulations shall, subject t¢ such conditions, if any, as may be specified in the arder, be exercisable also by such officer or authority as may be specified in the order. Excoutive Oficcr Shree Siddhivinayak Ganapati Temple Trust Management Committee