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

Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services {Pay and Allowances) Regulations, 2008. | The Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi). Act, 1980 Tn exercise of the powers conferved by sub-section 8 of section 13 vead with sub-section (2) of section 14 of the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi). Act1#s0 (Mah VI of 1981), the Shree Siddhi Vinayak Ganpati Temple Trust Management Committee, hereby makes, with the approval of the Government of Muharashtra, the CHAPTER -1 GENERAL 1. Short title and commencement. (1 ) These Regulations may be called Shree Siddhi Vinayak Ganpan Temple Trust (Prabhadevi) Services (Pay and Allowances) Regulations, 2008 {2) They shall come into foree on 4 August 2008, 2, Extent of application~ Except as otherwise provided hy of under these regulations, these regulations shall apply to all persons appointed Lo the Trust services and posts in copnection with the affairs of the Trust 3. Power of interpretation, - If any question arises relating to the interpretation of these regulations, it shall be referred to the Committes, whose decision thereon shall be final. 4, Power of relaxation.- Where the Committee is satisfied that the aperation of any of these regulations causes or is likely to cause undue hardship in the case aBfny Trust servant or elass of Trust servants, it may, by an erder in writing, ¢REMpT any such Trust servant or class of “Trust servants from any provisions of these regulations or may direct that such provisions shall apply to such Trust servants or class of Trust servants with such modifications not affecting the substance thereof as may be specified in such order. 5. Validity of terms of contravt.- The terms of a specfic contract, enforeeable at law necessarily override the provisions of these regulations. 6. Regulation of claims to pay and allowances.- A Trustservant's claim to pay and allowances is regulated by the regulations in force at the time in respect of which the pay and allowances are earned. 7. Exercise and delegation of powers under these Regulations.- [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, 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; () @ 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. {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 {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 = 30th January to 815t January [} [ 2 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. (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, quasi- permanent 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 | 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 (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 (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. (80} “T'rust’ means the Trust constituted under the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Act, [(Mah.VI of 1981). CHAPTER - 111 PAY 8.Pay on first appointment to Trust service.- On first appointment to Trust service, a person shall drawastipend to the extent of initial basic pay of the time-scale attached to the post to which he is appointed, and he will draw a time-scale attached to that post after completion of the probation period satisfactorily, unless, & tegular minimum of the time- scale attached to the post or hipher starting in that time-scale is sanctioned under the authority of regulation 25, 10. Fixarion of pay on appointment to another post.- Save as provided in regulations 11, 12, 15 and 18 where a Trust servant holding a post in a substantive, temporary or officiating capacity, s promoted or appointed in a substantive, temporary or officating capacity, to another post including an ex-cadre post, his initial pay shall be regulated as follows: - (1) When appointment to the new post involves assumption of duties or respensibilities of greater importance than thase attaching to the old post and- (a} if he {5 holding a post not higher than a Group B post, his iitial pay in the time-scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment at the stage at which such pay has acerued and in the case of & Trust servant drawing pay at the maximurm of the pay-scale, by an amount equivalent to the last increment; anid (b) ifhe is holding a post higher than a Group B post, he will draw as initial pay, the stage of the time-scale next above his | pay in respect of the old {lower) post. (2) If the appointment to the new post does not involve such | assumption:- {a). if there is a stage in the time-scale of the new post which is equal to his pay in the old post, he shall draw pay at that stage; (b)if there is no such stage, he will draw pay at the stage next above his pay in the post; (c}in the case coversd by clause (a), he will draw his next ingrement on the date on which he would have received imcrement in the old post and in the case covered by clause {b), he will draw his next increment in the new post on completion of the required period after which an increment is earned in the time-scale of the new post: Provided that, a Trust servant on his appointment to such new post, may at his option, td beexercised within one month from the date of his appointment, elest for fixation of his pay in one of the following manners, namely - (i) either to get his initial pay fixed straightaway with effect from the date of his appointment to the new post; or (i) wr ger his pay fixed with effect from the date of his next increment in the old post, in either case, the date of next increment will fall dug only on completion of the required perind nt‘qualify]"ngsm'ic.e from the date the pay s fixed in the new post. (d) if the minimum of the time-scale of the new post is highet than his pay in the old post, he will draw that {8) When nppfiinfmcnt’m.the new post is made,- (a) on his oWn Pequest; or (k) on account of discharge of 3 Trust servant owing to the abolitien of his permanent post or owing to change in the nature of the duties of that post, and 1fhe opts for acceptance of another appointiment or transfer to another establishment even on a lower pay. if offered, and if the maximum of the time—scale of that post to which he is appointed or tranaferred is less than his pay in vespect of the old post, he will draw that maximum as initial pay. (4) Notwithstanding anything contained in the above sub-regulations where & Trust servant is appointed to a selection grade, his pay shall be fixed at @ stage next above the pay drawn by him immediately before such appointment, If his pay is less than the minimum of the selection grade, he shall draw that minimum as initial pay: Provided that, in cases covered by both sub regulations (1) and (2), il the Trust servant had previously held the same post or another post on the same or identical timescale then save as provided in regulation 12 his initial pay shall not be less than the pay other than the special pay, personal pay, or emoluments classed as pay under clause {iii} of sub regulation {17} of regulation 8, which he drew, on the last such occasion, and he shall count the periad during which he drew that pay on such last | and any previous eccasion for increments in the stage of the time-scale equivalent 1o that pay Note1.- For the purpose of this regulation and regulation 13, a temporary post an a certain rate of pay (fived or time- scale) which is converted into a permanent post on a different rate of pay is not the “same post’, as the permanent post, even though the duties remain the same, In other words in view of sub-regulation (25) of regulation 8, the !0 temporary post is to be regarded as Imvmg ceased boexist T and to have heen replaced by the permanent post. The imcumbent ofthie temporary post is thus entitled only to the pay of the permanent post if it is on a fixed rate of pay or to a minimum of the time-scale of the permanent post ifit is on a time-scale. Note 2.~ In applying this regulation as well as regulation1s in respect ofa Trust servant appointed 1o a post to which a fixed probationary pay below the minimum of the time scale is prescribed, such probationary pay should be deemed w be the first stage of the ime-scale of the post and the minimum as the second stage This note will not apply in case of appointment by promotion from a lower post where the Trust servant is not on probation, Instrugtion 1.- By the strict application of the above regulation ‘it may happen that Trust servant promoted and appeinted to a higher post, he may draw a lower | rate of pay in that post than another Trust servant | Junior @ him in the lower grade but promoted and appointed subsequently to another identical post. In such cases the pay of the senior Trust servant in the higher post should be stepped up to figure equal to the pay as fixed for the junior Trust servant in that higher post under regulation 28 with effect from the date of pramotion of the junior Trust servant and 1t should he subject to following conditions, namely :- {i) both, the jupior and senior Trust servants should belong to one and the same cadre and the post in which they have been promoted or appointed, should be identical and in the same cadre and in the same line of promotion; (1) the scales of pay of the lower and higher postin which they are entitled to dvaw pay should be | identical; (iii) the anomaly should be directly as a result of the application of this regulation. For example, if cven in the lower post the junior Trust servant | draws from time to time a higher rate of pay than the senior by virtue of fixation of pay under the = normal regulations or by grant of advance increments for any other reasdn, these provisions shall not be invaked to step up the pay of the senior Trust servant; (i) the next increment of the senior person whose “pay had beéen stepped up should be drawn on cufilple{.ion of the requisite service with effect from the date of refixation of pay. Instruction 2.- In case, a senior Trust servant promoted is drawing less pay than his junior promoted subsequently to another identical post, the pay of the senior Trust servant should be stepped up 1o & figure equal to the pay of his junior in that higher pest under regulation 8 with effect from the date of promotion of his jumor subject to the fulfilment of the canditions mentioned at clauses (1) to (iv) of instruction 1, abowve: 11. Fixation of Pay on reversion from higher to lower post- The provisions of regulation 10 do not apply in the case of a Trust servant appointed from a higher post to a lower post due to reduction of establishment o reverting te alower post on termination of his officiating promotion to'a higher post. Where the Trust servant reverts to a lower post after & spell of prometion in a higher post, his pay in the lower post should be fixed at the stage in the time-scale of the lower post at which the Trust sevvant wonld have drawn pay but for. His appointment to the higher poat as admissible under regulation 27 12. Pay on re-appointment after a break.- The provisions of regulation 10 do not apply in the case of a Trust servant who is re-appointed after a physical break exceeding twenty-four hours following resignation, removal or discharge on reduction of establishment or after invalidation out of service, Such an appointment amounis tw a fresh appointment for the purpose of regulation 10, and the Trust servant will therefore, draw the minimum of the time=seale: Tf in any case it is considered that a higher vate of pay should be given, the pase can he dealt with under regulation Note ~If the new appointment involves movement from one | station to another, for the purpose of computing “Physical break of more than 24 hours”, the maximum period to cover actual journey shall be excluded. 13, When pay of a post is changed.- The holder of a post, the pay wf which is changed, shall be treated as if he were transferred to a new post on the new pay: Provided that, except in cases where the pay-scale of the post has been changed as a result of change in the duties or responsibilities, he may al his option, retain his old pay until the date on which he has earned his next or any subsequent increment, on the old scale or until he vacates his post or ceases to draw pay in that time-scale. The aption once exercised is final Note 1~ The option to retain the old scale under this regulation is also available to a Trust servant not actually holding the postat the time of revision of the scale provided that,- - ) ) - - iy heholds a lien or suspended lien on that post, or (i} it is eertified by the authority competent to male appointment to the lower post that he would have held that post but for holding a higher post, Note @ - The option exercised under this vegulation should bean option between clear alternatives so that if an option 15 exercised when the alternanives are not clear or the alternatives with reference to which option was exercised are subsequently altered by orders having retrospective effect or otherwise, the option becomes vitiated and. as such must be held to be null and void from the beginning, Note 8- A Trust servant under suspension should be allowed to exercise the option under the above regulation when the pay scale attached to his post is changed, even while he is under suspension. The result of such option will be that when the revised scale of pay takes effect from a date prior to that of suspension, he will be entitled to the benefit | ef the increase in pay, ifany, in respect of the duty period | before suspension, and also in the subsistence allowanee for the period of suspension, [Phowever, the revised scale of pay fakies effect from the date falling within the period of suspension, the benefit of option will acerue to him in respect of the period of suspension only afier his reinstatement, depending on the fact whether the period of suspension 15 treated as duty or not, Nate 4~ The option referred w in the above regulation should be exercised and communicated to the Executive Ofticer within a period of two months from the date of issue of arders sanctioning the revised scale. Failure to do so will mean that the incumbent has automatically come aver to the revised scale from the date from which the revision is effective. 14, Pay on reversion ta lower post as a penalty.- The anthority which orders the transfer of a T'rust servant as a penalty from higher to lower grade or pest, may -allow him to draw any pay, not excecding the maximum of the lower grade or post, which it may think proper:~ Provided that, the pay allowed to be drawn by a Trust servant under this regulation shall not exceed the pay “which he would have drawn by the operation of Regulation 10 read with sub-regulation (1) or (2), as the case may be, of regulation 27. 15, Relation of officiating pay to substantive pay.- (1 '} Except in the cases covered Dy sub-regulation (3) of regulation 10, if the pay of a Trust servant, officiating in a post is at any time, less than his substantive pay, he shall draw his substantive pay, {2) Tf a Trust servant is officiating in a post curying duties and responsibilities of greater importance than those attached to the post held by him in a substantive cipacity and, if there is an enhancement in his substantive pay as 4 result of increment or otherwise, his pay in the pay- scale of the higher post shall he refix at the stage next ahove his subistantive pay, if such refixacion 15 to his advantage. Note- The provisions contained in this regulation will not be applicable in the following cases, namely: (&) 4 Trust servant whose increment 15 withheld with or without permanent cffect, as a measure of punishment, (b} & Trust servant who is on probation. 16. Pay when promotion or appointment found to be erroncous.- Notwithstanding the provisions contained in these regulations, the pay of a Trust servant whose promotion Or appointment to a post is found to be ot to have been erronecus, shall be regulated in accordance with any general or special orders issued by the Committee in thas hehalf. 17. Officiating pay in a post the pay of which is fixed at a rate personal to another Trust servant.- When a Trust servant oificiates in a post, the pay of which has been fixed at avate personzl to another Trust servant, the Committee may permit him to draw pay at any rate not excecding the rate so fixed or, if the rate so fixed bo a time-scale, may grant him initial pay not exceeding the lower stage of that time-scale and future increments not exceeding those of the sanctioned scale. 18. Power to fix officiating pay at alower rate.~ A competent autharity miy fix the pay of an officiating Trust servant at an amount less than that admissible under these regulations. Note 1.~ When the pay of & Trust servant who is appointed to officiate in a post on a time-scale of pay is fixed below the minimum of the time-seale under this regulation, he must not be treated as having-effectual officiated in that post within the meaning of regulation 10 or having rendered duty in it within the meaning of regulation 27; Note 2.~ [n cases in which a vacancy is expected to last less than sixteen days a Trust servant may be placed in charge of the current duties of the post hut no formal appointment to officiate should be made unless a formal appointient is essential for the reasons tobe recorded in writing, Instruction- Reading this regulation with the regulations substantively regulating the rate of officiating pay. and in partigular with regulation 18, it is clear that the power conferred by this regulation, is not exercisable save by a special order passed i an individual case and on the consideration of the facts of that case A general order purporting to eustuniversally the operation of regulation 15 would be wla vires of this regulation. Al[lmugh, the practice of oblaining special orders on every individual case would not be ultra vires of this regulation, it would cause the greatest possible fraud thereon. - 18, Personal pay to decrease in proportion to increase in basic pay.- | Except when the authority sanctioning it orders otherwise, personal pay shall be reduced by any amount by which the recipient’s pay may be | increased and shall cease altogether as soon as his pay is increased by an amount equal to his personal pay. 20. Pay during the course of instructions or training.- When a Trust servant is treated as on duty under sub- regulation 9 (¢) and (d) of regulations &, the authority competent to depute him for a course of instructions or training under sub-vegulation 9 (¢) and (d) of regulation &, may allow during such period of duty, pay (including special pay) equal to the amount he was drawing before joining the training or appearing for the examination, provided he has reason to believe that the Trust servant 15 likely to eontiue to hold the post from which he is deputed during the full peried af the course of instructions or training and records a certificate tor that effect, 21. Pay and allowances to Trust servants who are members of | Territorial Army, when called out for duty.- Trust servants who are | members of the Territarial Army arc entitled, when called out or emboied under section 7(3) of the Territorial Army Act 1948 (56 of 1948) to pay and allowances at Trust serviee rates or military pay and allowances, whichever is greater. Provided that, for the purpose of eomputing Trust service allowances, only those allowanees other than permanent travelling allowance and conveyance allowance, are taken into account as are attached and admissible in respect of the post from which the Trust servant is called out and to which the Trust servant is appointed on return from the Territorial Army. yi Tn eases where the Trust service pay and allowances mentioned above are higher than military pay and allowances, the difference between (i) the Trust service pay and allowances; and {ii) the military pay and allowances shall constituie a charge on the Trust Fund to which service pay of the Trust servant concerned is dubitable. 22. Officiating promotions in place of Trust servants undergoing training.~ No extra cost should be imposed on Trust by way of officiating appointments in places of Trust servants who are treated as on duty under sub-regulation {10) of regulation 6. A competent authority may, however, allow officiating promotions in the places of Trust sevvants undergoing training in cases in whichit hias been authorised by the Committee to do 23, Officiating promotions in place of Trust servants joining Territorial Army.~ Officiating promaotions may be given in places of Trust servants who have joined the Territorial Army and who are treated as on duty under sub-regulation (10) of regulation § during the peviod of embodiment when they ave attending a course of instructions or called up for Military duty. The additional cost involved will be a charge on the Trust fund. 24, Ingrement to be drawn as a matter of course.~ An inerement shall ordinarily be drawn as a matter of course unless it is withheld as a penalty under the velevant provisions of the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services { Discipline and Appeals] regulations, 2008, In ordering the withholding of inerement the withholding authority shall state- (i) the period for which it is withheld; (i} whethier the postponement shall have the effect of postponing future increments; and (iti) whether the period for which the increment has been withheld will be exclusive of any interval spent on Teave hefore the period is completed. 23, Sanction to cross efficiency bar- (1) Where an efficiency bar is prescribed in a time-scale, the increment next above the bar shall not be- allowed to a Trust servant without the specific sanction of the authority empowered to withhold increment under regulation 24 or the relevant disciplinary regulations applicable to the Trust servant or any other authority whom the Committee may, by general or special order, authorise in this behalf {2) On being permitted to cross an efficiency bar previously enforced against him, a Trust servant should come on to the time-scale at such stage as the authority competent to declare the bar removed may fix for him. The pay to-be allowed in such cases shall not exceed the rate of pay that would have been admissibie had he not been held up at the effiviency bar, 26. Overstayal of leave and joining time to count for increments.- A | period of Overstayal of leave and joining time does not count towards increments under regulation 27. $ = 27, Service which coungs for increment.- The following provisions prescribe the conditions on which service counts for increments in a time- scale- {1) Subject to the provisions of regulations 10, 12, 18 and 31, all duty in a post on a ome-scale counts for inerements i that time-scale. For the purpose of arriving at the date of next inerement in that time-scale, the total of all such periods as do not count for inerement in that time-scale shall be added to the normal date of inerement: Provided that, the increment shall be admissible form the 1 of the month in which it acerues. Nate~ Theabove proviso shall not apply to the persons on probation. Exception.- (a) The increment of a Trust servant ‘appointed directly to & pest on probation during the period of probution should be regulated as follows - [i) Thefirstincrement should be released afier one year on_completion of his probationary period and the subsequent increment shall be released on his eompleting the probationary period satisfactorily. (i) A probationer whose probationary period is extended on account of leave taken by him during the prabationary period, shall be allowed to draw, on his completion of the probationary period satistactorily, such pay as he would have drawn had he not been on probation and consequential arrears. {iti) A probationer whose probationary period is extended on account of failure to pass a departmental examination within the prescribed time limit or due to unsatisfactory performance, as the case may be, appointinent to that post on long term basis after | shall be allowed to draw second inerement only with effect from the date of satisfactory completion of the | probationary period and shall not be eligible for arrears. (b) The expression “A Trust sevvant appointed directly to a post” appearing in sub-clause (a) above, includes,- (i) a Trust servant who, while holding substantively, a permanent post’in the cadre, is appointed by selection in apen oumpentlon to another post on prohation: and {ii) a Trust servant whe s so appointed butis granted higher starting pay in the time-scale attached to the post. (2} Subject to the restriction mentioned herein, the following periods shall count for increment in the time-scale applicable to a pustin which a Trust servant was officiating - (i) all leave, except extraordinary leave; (i) extracrdinary leave on mexdical ground, {iil} period spent on traming, The period ta beetuntellis restricted totlhat during which he would have gontinued to officiate in the higher post in the Trust service but for such Lnterruption Provided that the Cammittee may, in any ease in which they are satisfied that the extvaprdinary leave was taken for any cause beyond the Trust servant’s control or for presecuting higher seientific and/or technical studies, direct that the extraordinary leave shall be counted for increments, HNote 1~ In the case of a Trust sevvant who, while officiating in & post, progeeds to attend a vourse of waining or instructions and who is-treated as on duty while undergoing such conrse, the period of such duty will count for inerement in the post in which he was officiating prior to his being sent fw_' training or insiructions, if he is allowed the pay of the officiating post during such period, Note #-The period of leave allowed to count for increment should be restricted to the period during which the Trust servant would have officiated n the post if he had not proceeded on leave, For this purpose, the Executive Officer should furnish the following certificate while allowing the claim for increment:- CERTITICATE, Certified that Shri/Smt/Hom, ....oovinrn e, would have continued to officiate in the post of - .. iF he/she had mot | proceeded on leave for the period from ... Instruction 1.- Note 2 dees not apply e appu'mlecl an dail}' wages or contract basis. Instruction’2.- A certificate referred to in Note 2 above will not be necessary in respect of probationers, (&) If a Trust servant, while officiating in a post or holding a temporary post on a time-scale of pay, 15 appeinted 1o officiate in a higher post or to hold a higher temporary post, his officiating or temporary service in the higher post shall, it he is seappointed to the lower post or is appointed or reappointed to a post on the same time-seale of pay, count for increments in the time-scale applicable to such lower post. The period of officiating service in the higher post which counts for increments in the lower post is, however, restricted to the period during which Trust servant would have officiated in the lower post but for his appeintment to the higher st = This sub-regulation applies also to a Trust servant who is not actually officiating in the lower post at the time of his appointment to the higher post, but who would have so officiated in such lower post or in a post on the same um&sc-alccfimy fad he not been appointed to the higher post, (4) If a Trust servant on reversion from an ex-cadre post to the parent cadre is appointed to 8 post on a scale lower than that of the ex—cadre post but not on the same time-scale as the post held at the time of his transfer to the ex-cadre post, the service rendered on the higher scale in the ex- cadre post shall count for increments in the time-seale applicable to the cadre post. (2) Jolning time counts for increment, - (i) if it is under sib-regulation (1}, of regulation 9 of Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Joining Time, Payments during Suspension, Dismissal and Removal) Regulations, 2008, in the time- scale applicable to the post on which a Trust servant hold a lien or would hold a lien had his lien not been suspended as well as in the time- scale applicable to the post, the pay of which is drawn by a Trust servant during the period; and (ii] 1f it is under sub-regulation (2) of regulation 9 referved to in clause (i) above in the time-scale applicable to the post o i1 ar posts held on the last day of leave before commencement of the joining time. 28, Premature increment~ An authority may grant a premature irerement toa Trost servant on @ time-scale of pay if it has the power to create a post in the same cadre on the same scale of pay. Note.- In the absence of a clear declaration to the effect that the normal date of increment is not te be affected (that s to say that next inérement after the premature increment is ta | - be given on the usual date of increment regardless of the fact that the Trust servant concerned will have been at one stage of the time-scale for less than the normal period) an order aunthoriging the grant of a premature increment shall be deemed to imply that the recipient is to remain on the enhanced rate éf_pay for the full interval prescribed between successive stages of the time-scale before becoming eligible to diaw the next merement after the premature increment. 29, Reduction of pay as a measure of penalty.- (1) If a Trust servant is reduced as a measure of penalty to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective and whether, on restoration, the period of reduetion shall operate to postpone future increments and, if so, to what extent. {2} If a Trust servant 15 reduced a5 @ measure of penalty to a lower service, grade or post, orto a lower time-scale, the authority ordering the reduction may or may not specify the period for which the reduction shall be effective, but where the peried is specified, that authority shall also state whether, restoration, the perind of reduction shall operate to postpone “firture increments ‘and, if so, to what extent. Note. An authority ordering the reduction should expressly state in the order that the period for which the reduction is to he effective will be exelusive of any interval spent on leave before the. period is completed. 30, When an order of withholding increment or reduction is set aside or modified. Where an order of penalty of withholding of increment of a Trust servint or lus reduction to a lower service, grade or post, or toa lower hmr_-!calc or to 8 lower stage in & time-scale, 1s set aside or modified by a gompetent authority on appeal or review, the pay of the Trust servant shall, notwithstanding anything contaned in these regulations, be regulated in the following manner, namely- (@) if the said order is set aside, he shall be given for the period for which such order has been in force, the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn; (b} if the said order s modified, the pay shall be regulated as if the ovder as 50 modified had been made in the first instance. Explanation.- If the pay drawn by a Trust servant in respect of any period prior to the issue of the orders of the competenl auLhDri{}'. under this rr_-s'u]atiun 1 rcviscd, the leave salary and allowances (other than avelling allowance), ifany, admissible w him during that period shall be. revised on the basis of the revised pay. 81, Extent to which past non-continuous officiating or temporary | service counts for increments.- If a person holding ne substantive appointment under the Trust is appeinted to officiate in a permanent post or to hold a temporary post on 4 time-scale of pay, he shall not be allowed to count for purpose of increment in the time-scale, past non-continuous officiating service in such pefmanent post or non-continuous service in such temporary post except to the extent indicated below:- Period of past continuous | Number of inerements which service, should be allowed in the time- scale of the post to which he is appointed. Less than 5 years Nil 5 years and mare but less than | | inerement, Tand half years 7 and half years and mote but Jess | 2 increments, than 10 years 10 years and more 3 inerements. Note 1.- Service shall be deemed to be non-continuous oaly if it is interrupted by actual loss of Trust service, Nate 2- The principle enunciated i sub-regulation (8) of vegulation 27 should apply when such @ person is appointed to officiate in # higher post, permanent or temporary. CHAPTER -1V COMBINATION OF APPOINTMENTS 82, Pay during appointment to two or more posts- A Trust servant already holding a post in a substantive or officiating capacity may be appointed to officiate as a temporary rmeasure in one or more other independent pests at one time or may be given additional charge of one or more independent posts in addition 0 his own. In such cases his pay shall be regulated as follows:" _ (a) In the former case, the highest pay to which he would be entitled if his appuintment to one of the posts stood alone, may be drawn on account of his tenure of that post. (b} For gach other post, he may be permitted to draw additional pay of special pay at 10 per cent. of the presumptive pay of the post linuted to Rs. 500/~ per month irrespective of whether the Trust servant is appeinted to such posts or 15 given additional charge, subject to the condition that such additional pay or special pay should in no case exceed 10 percent of the » presumptive pay of the high,er post limited to Rs. 500/~ per month of which he held additional charge. Even, if a Trust servant is appointed to more than one independent post or is given full or current charge of more than one independent post, the additional pay or special pay should in no case exceed 10 percent of the presumptive pay of the higher post limited to Hs. 500/~ p.m of which he held additional charge. No additional pay ar special pay shall, however, be granted if such | charge is held for a period of less than sixteen days or if a regular | appointment is made for a like peviod. | (¢} No additional pay or special pay shall be admissible to a Trust | servant drawing pay in the scale or extended scale. the minimum of which 1z Rs. 5000 and above Note 1~ The following explaing the distinction which should be drawn between additional pay for helding an additional post or posts and special pay for performing -additional duties:- (i) In cases in which a Trust servant continues to perform the duties of his own ‘post, and assumes, in addition, technically plenary, responsibility for the duties of one or more independent posts, the additional remuneration, if any, which may be sanctioned will be described as additional pay. (i) Tn cases in which a Trust servant, over and above performing his own duties, is required to perform certain duties selected from the sum of duties associated with another post or posts, but the Trust servant is not appointed to hold the additional post or posts, the additional remuneration, if any, which ma)' be -sanctlcmeri will be special pay. Note 2.- Pr, r_surnptwt: pay for the purpose of clause (b) of this regulation should, flwmdulg o suber egulatlon rso) of regulation § be talien what the Trust servant, who is placed in additional charge, will draw as initial pay in the time zeale of the additional post under regulation 10, where he faormally transferred to it. In cases, however, in' which the maximum |~ pay of theother post is less than the pay of the Trust servant in his substantive post, the maxinmum of the pay of the other post should be taken as the presumnptive pay for the purpose of clause (b) of this regulation. Note 5.- Ln cases where a Trust servant is appointed to hold substantively as a temporary measure, or to officiate in two or more independent posts at one time and if 4 compensatory allowance is attached to one or more of the posts. he draws such compensatory allowance as a competent authority may fix; Provided that, such allowance shall not exceed the total of the compensatory allowanees attached to all the posts. Note 4.- In cases where a Trust servant is given additional charge of one or more independent posts in addition o his own, he shall not receive any compensatory allowance attached to the second post, unless it be permanent travelling allowanee or conveyance allowanee, in which case he may be granted such permanent travelling allowance {or ordinary travelling allowance] or conveyance allowance, as the Committes may decide. Note 5.- Additional pay or special pay should be excluded for the purposes for grant of Dearness Allowance, House Rent Allowance and Compensatory Local Allowance, 33, Remuneration when one post is subordinate to another- (1) A Trust servant who is appointed to officiate 45 a temporary measure in two posts of which one 15 subordinate to the other, 15 not entitled o any additional remuneration under regulation 32 save in exceptional circumstances. (2) A Trust servant who, in addition to his own duties, is required to be in charge of the current duties of a second post, may be allowed special pay under clause (b} of regulation 52, when his own post is subordinate to the second post but not when the second post is subordinate to his own POSL. "CHAPTER -V ALLOWANCES 3+. Allowances.- Unless otherwise provided or stipulated in the terms and eonditions of Trust service, every Trust servant’ shall be entitled; inter alia, to dearness allowance, ‘house rent allowance, compensatory lneal allowance, etc, at such rates as determined by the Committee and will be made applicable after obtaining the prior approval of the Government: Provided that, grant of any allowances {other than dearness, house rent and compensatory local allowance shall be subject to the specific sanction of the Government: 35. Travelling Allowance and Daily Allowance on Tour or Transfer.- (1) Save as otherwise provided in these 1'egujar.'|oxu, t.ravr:lling allowance and daily allowance on toup.or transfer, local travelling allowance shall be admissible to the Trust servants at the rates prescribed, from time to time, by the Committee. (2) No :ravei]mg allowance shall be admissible for joining on first appointment in the Trust service. a6. Overtime Allowance.- Notwithstanding the fact that the whele tme of a Trust servant is at the dispoesal of the Trust, the Trust may grant overtime allowance not connting as pay for any purpose to a Trust servant in Group € and D who is required to put in extra working hours on week days in connection with tfifiTtlJfitswork subject to such Lerms, conditions and rates as may be preseribed by the Trust for such overtime allowance, from time o time: Provided that, no overtime allowanee shall be payable for the work done during overtime which has not been specifically approved by the Exccutive Officerand it will not exceed the limit of Rs. 1,500/ -p.m. 87. Leave Travel Allowance.- Leave travel allowance may be paid "to every Trust servant once [ a block of two years commencing from the year of implementation of this regulations in aceordance with the orders of the Committee, in this behalf from time to time: Provided that, leave Travel Allowance will be admissible to the employees on deputation as per terms and conditions of their deputation. 38, Reimbursement of Medical Expenses.- A Trust servant may be reimbursed the expenses on medical treatment of himself or his family at such rates and in such manner as the Committes may determine from time to time. Executive Officer Shree Siddhivinayak Ganapati Temple Trust Management Committee