Section 4 in West Bengal Municipal (Employees' Service) Rules, 2010
4. Definitions
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(1) In these rules, unless the context otherwise requires(1)"the Act" means the West Bengal Municipal Act, 1993 (West Bengal Act 22 of 1993);(2)"Appointing Authority" means the authority empowered to appoint an employee as per provisions of the Act;(3)"basic pay" means the pay, other than any other emoluments which may be specially classed as pay by the State Government or pay granted in view of personal considerations or qualifications, which has been sanctioned for a post held by an employee substantively or in an officiating capacity or to which he is entitled by reason of his position in a post;(4)"clerical staff" means those employees in Category 'B' and Category 'C' services as defined in the West Bengal Municipal Employees' (Classification, Control, Appeal & Conduct) Rules, 2008, and posts whose duties are entirely clerical in nature and includes any other class of employees specially defined as such by order of the State Government;(5)"commuted leave" means leave taken under rule 66;(6)"completed year of service" includes besides period spent on duty, periods of absence on leave whether with or without any leave salary;(7)"conveyance allowance" means allowance in any form such as Motor Car, Motor Cycle, Scooter or Bi-cycle allowance etc. as may be determined by the State Government from time to time;(8)"Day" means a calendar day beginning and ending at midnight but an absence from headquarters, which does not exceed 24 hours, shall be reckoned for all purposes as one day, at whatever hours the absence begins or ends;(9)"Disciplinary authority" means the Chairman of a Municipality, or Notified Area Authority, as the case may be:(10)"duty" includes,(a)service as a probationer provided that such service is followed by confirmation;(b)joining time;(c)the period spent on duly authorized course of instruction or training relating to the works of the Local Body under orders of the Local Body including the time reasonably required for the journeys to and from the place of instruction or training;(d)the number of days actually required to attend a Court of Law or as a witness representing the Municipality or the notified Area Authority or the State Government upon service of summons by such a court;(11)"earned leave" means leave credited under rule 64;(12)"earned leave due" means the amount of earned leave to the credit of an employee on the date immediately preceding the date of effect of this rule under the regulation in force on that day plus the amount of earned leave calculated as prescribed in rule 70, as the case may be, diminished by the amount of earned leave taken after the introduction of these regulation;(13)"employee" means any person who is in the whole-time employment of any Municipality or Notified Area Authority constituted under the Act, and draws his pay from the fund of the Municipality or the Notified Area Authority or from the State Government;(14)"Foreign service" means service in which an employee receives his pay, with the sanction of the Municipality from any source other than the fund of the Local Body;(15)"category A, category B, category C and category ID" means the class or classes of municipal employees as classified in the West Bengal Municipal Employees' (Classification, Control, Appeal and Conduct) Rules, 2008;(16)"half-pay leave" means leave earned in respect of completed years of service under rule 71;(17)"half-pay leave due" means the amount of half-pay leave calculated under rule 68 for the entire continuous service diminished by the amount of leave on private affairs and/or on medical certificate taken, if any, before the introduction of these rules and half-pay leave taken if any on or after that date;Note : If the calculation under this clause results in a minus balance on the date of introduction of these rules, it should be adjusted against the half-pay leave that will be earned subsequently, such minus balance being treated as "leave not due" for the purpose of the 240 days limit in rule 66:(18)"Head of the Department or head of the Office" means the head of any department or office in a Local Body determined by the Board of Councillors of the Local Body concerned;(19)"holiday" means the days declared by the State Government as the holidays, including the holiday, as notified under section 25 of the Negotiable Instrument Act, 1881:Provided that the employees working in water supply (excluding maintenance), burning ghat, burial ground, ambulance, security guards, hospitals and health centres shall not be eligible to get the holidays and instead they shall be eligible for honorarium for such work under clause (20) of this rule;(20)"honorarium" means a remuneration granted to the employees of water supply (excluding maintenance), burning ghat, burial ground, ambulance, security guards, hospitals and health centres, from the fund of the Local Body concerned, for working on holidays at rates as may be fixed by the State Government from time to time;(21)"leave" includes "earned leave", "half-pay leave", "commuted leave", "leave not due" and "extra-ordinary leave";(22)"leave salary" means the salary paid by the Local Body to an employee on leave;(23)"lien" means the right of an employee to hold substantively either immediately or on the termination of a period or periods of absence, a permanent post including a tenure post to which he has been appointed substantively;(24)"Local Body" means a Municipality, or a Notified Area Authority, as the case may be, constituted under the Act;(25)"month" means a calendar month.Note I : In calculating a period expressed in terms of months and days, complete calendar months irrespective of the number of days in each month shall first be calculated and the odd number of days calculated subsequently;Note II: In calculating a period of say 3 months and 20 days from the 25th day of January, 3 months should be taken as ending on the 24th day of April and 20 days on the 14th day of May. In thesame way the period from the 30th day of January to the 2nd day of March should be reckoned as 1 (one) month and 2 days, because one month from the 30th day of January ends on the 28th day of February;(26)"Municipal officer and Municipal employee" means the person appointed to a service or post in connection with the affairs of the municipal administration;(27)"Municipal Service" means the Municipal Service as defined in the West Bengal Municipal Employees (Classification, Control, Appeal and Conduct) Rules, 2008;(23)"members of the family", in relation to a municipal employee, means the wife or husband, as the case may be, and the child or the stepchild of the municipal employee;(29)"officiating not post" means the post which an employee officiates when he performs the duties of a post on which another person holds a lien or when he is appointed by the authority competent to make a substantive appointment to the post to officiate in a vacant post on which no other person holds a lien;(30)"pay" means the amount drawn monthly by en employee as,(i)the pay other than the additional remuneration or pay granted in view of his personal qualifications which has been sanctioned for a post held by him substantively or in officiating capacity or to which he is entitled by reason of his positions;(ii)personal pay, and(iii)any other emoluments which may be classed as pay by the State Government;(31)"permanent post" means a post carrying a definite rate of pay as approved by the State Government;(32)"personal pay" means additional pay granted to an employee to save him from a loss of substantive pay in respect of a permanent post other than a tenure post, due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure;(33)"probationer" means an employee employed on trial in or against a substantive vacancy;(34)"public servant" has the same meaning as in section 21 of the Indian Penal Code, 1860 (45 of 1860);(35)"special compensatory allowance" means an allowance granted to meet personal expenditure necessitated by the special circumstances as may be determined as compensatory allowance from time to time by the Board of Councillors of the Local Body with the sanction of the State Government;(36)"special kind of leave" includes "special disability leave", "study leave", "quarantine leave", "maternity leave", "hospital leave", "special sick leave", "special casual leave" to sportsman and to the delegates attending the conference annual meeting of the employees association, "compensatory leave" and "casual Leave':(37)"subsistence allowance" means a monthly allowance made to an employee who is not in receipt of pay or leave salary during a period of suspension;(38)"substantive pay" means the pay other than personal pay or emoluments classed as pay by Government under sub-clause (iii) of clause (31) of this rule to which an employee is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position;(39)"strike" means strike as defined in clause (q) of section 2 of the Industrial Disputes Act, 1947;(40)time scale pay" means pay which subject to any condition prescribed in these rules rises by periodical increments from a minimum to maximum;Note : 1. Time scales 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;Note : 2. A post is said to be on the same time-scale as another post on a time-scale if the two time-scales are identical and the posts involve duties of approximately the same character or degree of responsibility.(41)"transfer" means the ,move of an employee from one place to another or from one post to another in same scale of pay;(42)"Travelling Allowance" means an allowance granted to an employee to cover the expenses which he incurs in travelling in the interest of the Local Body, and it includes fixed conveyance allowances granted for the maintenance conveyances like Motor Car/Motor Cycle/Scooter/bicycle etc.;(43)"Vacation Department" is the educational institution run by a Local Body to which regular vacations are allowed during which employees serving in the Department are permitted to be absent from duty.(2)Words expressions used in these rules but not otherwise defined shall lave the same meaning as in the Act.
