07 August 2011
sir, WHAT IS AMOUNT CAN A SECERATARY CAN CLAIM UNDER BPT ACT ,FUTHER IF HE IS THE EXECUTIVE BODY MEMBER WHAT IS THE PROCEDURE TO ACCOUNT HIS SALARY IF IS A FULL TIME WORKER IN A PARTICULAR ORGANISATION.PLEASE HELP REG THIS.
09 August 2011
The relevant provisions per BPT Rules are as under to clarify your query:
Terms and conditions of service of Secretary. ( 1) Appointment to the post of the Secretary shall be made( a) by promotion from amongst the Class III employees of the Charity Organization that is to say, the Office of the Charity Commissioner and the Public Trusts Registration Offices preference being given to persons with Legal qualifications, or 37 (b) by transfer of any officer from any Department of the State Government, or (c) by nomination from amongst candidates, who (i) unless already in the service of the Government of Maharashtra, are not more than 35 years of age : Provided that the upper agelimit may be relaxed in the case of candidates having good qualifications or experience, and (ii) holds at least a degree in Arts, Science, Commerce or Law of a recognized university, and (iii) are either practicing lawyers of not less than two years standing or have at least five years' administrative experience in any responsible position in any Government office or local authority or in any commercial or industrial organization. (2) A person appointed to the post by nomination shall be on probation for two years. (3) A person appointed to the post either by promotion or by nomination shall be required to pass such examination in the regional language and in Hindi as may be prescribed by the State Government. (4) The post of the Secretary shall be permanent and personable. (5) The Secretary shall be the servant of the State Government and shall draw his pay, pension and allowances from the Consolidated Fund of the State. There shall be credited every year, out of the Management Fund to the Public Trusts Administration Fund, all the costs on account of the pay, pension, leave and allowances of the Secretary. 38 (6) Leave and allowances payable to the Secretary shall be regulated by the Bombay Civil Service Rules, 1959. The chairman of the committee shall be competent to grant causal leave to the Secretary, Leave other than casual leave shall be granted by the Charity Commissioner on the recommendation of the committee which shall be recorded in the service book of the Secretary. (7) The Secretary shall be the Chief Executive Officer of the committee and shall be under the administrative control of the Charity Commissioner. (8) The Secretary shall reside at the headquarter of the committee. (9) The services of the Secretary shall be liable to be transferred from one committee to another. (10) The Secretary, if entrusted with the custody of cash, shall be required to furnish security of such amount as shall be determined by the committee. (11) Subject to the provisions of the Act and these rules, the Secretary shall perform such duties and exercise such powers as may be specified in the regulations made by the committee. 31E. Terms and conditions of service of other officers and servants of committee.— (1) Save as otherwise provided in the Act or in these rules and subject to the regulations framed by the committee, the conditions of service, including leave and allowances of the officer other than Secretary are servants of the corresponding rank, and the powers conferred, in relation to Government servants on the heads of Departments by the said rules shall, in relation to such officers and servants of the committee, be exercised by the committee. If for the purposes of this rule, any question arises for determining the rank of an officer or servant of a committee, the question shall be referred to the State Government through the Charity Commissioner and the decision of the State Government thereon shall be final. (2) Subject to the approval of the State Government, the committee may, from time to time, determine the number of officers and servants to be appointed for the efficient performance of the duties and functions of the committee and their designations and qualifications for appointment. Provided that no person shall be appointed as an Accountant unless he has passed an examination in Accountancy recognized by the State Government or possesses the Government Diploma in Accountancy or any other qualification declared to be equivalent thereto by the State Government. (3) Except with the previous sanction of the State Government, no person who has been dismissed from the service of the Government or of any local authority shall be employed in the service of the committee. (4) Any officer or servant of the committee who may be entrusted with the custody of cash shall be required to furnish security of such amount as shall be determined by the committee according to the circumstances of each case. (5) All regulations pertaining to the grant of gratuities to the officers and servants of the committee and the creation and management of contributory provident fund for their benefit shall, subject to the provisions of section 56S, be approved by the committee at a special meeting convened for the purpose by a resolution of not less than twothirds of the members present and voting at such meeting.
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