TELANGANA CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS TRANSFER OF OFFICE HOLDERS AND SERVANTS RULES, 2019

PREAMBLE

In exercise of the powers conferred by sub-section (1) of section 39 read with section 153 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No. 30 of 1987), the Government of Telangana hereby frame the following Rules of the Telangana Charitable and Hindu Religious Institutions and Endowments Transfer of Office Holders and Servants Rules, 2019:-

Rule - 1. 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.

Rule - 2. 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 Authority" 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, 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;

(2)     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;

Rule - 3. 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.

Rule - 4. 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.

Rule - 5. 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.

Rule - 6. 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.

Rule - 7. 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.

Rule - 8. 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.

Rule - 9. 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.

Rule - 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.