RULES SUPPLEMENT TO PART - I

EXTRAORDINARY

THE TELANGANA GAZETTE

PUBLISHED BY AUTHORITY

No. 01-A] HYDERABAD, MONDAY, JANUARY 21, 2019.

NOTIFICATIONS BY GOVERNMENT

––x––

REVENUE DEPARTMENT

(Endowments-I)

FRAMING OF THE TELANGANA CHARITABLE AND HINDU RELIGIOUS

INSTITUTIONS AND ENDOWMENTS TRANSFER OF OFFICE

HOLDERS AND SERVANTS RULES, 2019.

[G.O.Ms.No. 07, Revenue (Endowments-I), 16^thJanuary, 2019.]

PRELIMINARY NOTIFICATION

The following draft rules called the "Telangana Charitable and Hindu

Religious Institutions and Endowments Transfer of Office Holders and

Servants Rules, 2019" which the Government of Telangana proposes to make

in exercise of the powers conferred by section 39 read with section 153 of

R.N.I.No.TELMUL/2016/73158.

[Price: `. 3-00.

HSE No.1051/2017-19.

[ 1 ]

G - 696/R.S.P-I.

TELANGANA GAZETTE EXTRAORDINARY

[Part-I

the Telangana Charitable and Hindu Religious Institutions and Endowments

Act, 1987 (Act No. 30 of 1987) is hereby published as required by sub-

section (1) of section 153 of the said Act, for the information of all persons to

be affected thereby and notice is hereby given that the said draft rules shall

be taken into consideration by the Government on or after expiry of thirty

(30) days from the date on which the copies of this Notification as published

in the Telangana State Gazette are made available to the public.

Any objections or suggestions which may be received by the State

Government from any person with respect to the said draft rules before the

expiry of the period specified above will be considered by the State

Government.

Objections or suggestions, if any, shall be addressed to the Secretary to

Government, Revenue (Endowments) Department, Telangana State

Secretariat, Hyderabad, in duplicate.

This order issues with the concurrence of the Finance Department vide

their U.O.No. 008169/589/A1/HRM.I/2018, dated: 22-10-2018.

DRAFT RULES

Short Title - (i) These rules may be called the Telangana Charitable

and Hindu Religious Institutions and Endowments Transfer of Office Holders

and Servants Rules, 2019.

(ii)

These rules shall apply to all Office Holders and Servants of all

Charitable and Hindu Religious Institutions and Endowments including Maths

and Dharmadayams in the State of Telangana.

Definitions:- (1) In these rules, unless the context otherwise requires:-

(a)

"Act" means the Telangana Charitable and Hindu Religious

Institutions and Endowments Act, 1987 (Act No. 30 of 1987).

(b)

"Competent Athority" means the Commissioner, Additional

Commissioner, Regional Joint Commissioner, Deputy Commissioner

or Assistant Commissioner having jurisdiction over the institutions

or Endowments as per the provisions of Sections 8, 9, 10 and 11 of

the Act;

(c)

"Executive Authority" means the Executive Officer of the

Institution or Endowments and where there is no Executive Officer,

January 21, 2019] RULES SUPPLEMENT

the Chairman of the Board of Trustees or the Trustee or the

Mathadhipathi;

(d)

"Office holder or servant" includes a person who holds an office

to which an Inam is granted, confirmed or recognised by the

Government or who is remunerated by the Institutions concerned

and who is either a whole time or a part time functionary;

(e)

The other expressions used in these rules shall have the same

meaning assigned to them in the Act and in the Telangana State

and Subordinate Service Rules.

Transfer of Office Holder or Servant:- Any Office Holder or Servant

attached to a charitable or religious institution or endowment may be

transferred from that institution or endowment to any other institution or

endowment of similar classification under Section 6 of the Act.

Competent Authority for Transfers:- The competent authority shall

effect transfers with the approval of the committee of officers constituted by

the Commissioner of Endowments for this purpose.

Transfer Criteria:- (i) No Office Holder or Servant attached to a

charitable or religious institution or endowment shall be transferred before

completion of two years of service in such institution or endowment;

(ii) No Office Holder or Servant attached to a charitable or religious

institution or endowment shall be continuously retained beyond five years of

service in such institution or endowment;

(iii) Not more than 20 percent of the Office Holders or Servants in

each category attached to a charitable or religious institution or endowment

shall be transferred every year;

(iv) No Office Holder or Servant attached to a charitable or religious

institution or endowment with a service of less than one year before

superannuation shall be transferred.

Procedure:- As far as possible, transfers shall be done after obtaining

preferences of the office holder or servant in a transparent manner. The

guidelines issued by the Government in respect of transfer of government

employees from time to time may be followed to the extent feasible.

TELANGANA GAZETTE EXTRAORDINARY

[Part-I

Printed and Published by the Commissioner of Printing, Govt. of Telangana,

at Govt. Central Press, Chanchalguda, Hyderabad.

V. ANIL KUMAR,

Secretary to Government (FAC).

-------x------

Transfer on Administrative Grounds:- Not withstanding anything

contained in these rules, the Commissioner of Endowments may transfer

any office holder or servant attached to a charitable or religious institution or

endowment from that institution or endowment to any other institution or

endowment of similar classification under section 6 of the Act, on

administrative grounds.

Lien:- Not withstanding any transfer, the lien of an Office Holder or

Servant attached to a charitable or religious institution or endowment, which

is a unit as per Rule 33 of the Telangana Charitable and Hindu Religious

Institutions and Endowments Office Holders and Servants Service Rules,

2000, shall remain and continue in such parent institution or endowment and

the retirement benefits shall be settled and paid by the parent institution.

Unit:- Not withstanding any transfer, each institution or endowment

shall be a unit for the purpose of recruitment, seniority and promotion of an

Office Holder or Servant as per Rule 33 of the Telangana Charitable and

Hindu Religious Institutions and Endowments Office Holders and Servants

Service Rules, 2000, and no promotion of an office holder or servant shall be

made unless there is a sanctioned vacancy in the parent unit.

10. Transfer Benefits:- All the transfers effected basing on the preferences

indicated by office holders or servants shall be treated as request transfers

for the purpose of sanction of Transfer Travelling Allowance and other

benefits.