TARIFF AUTHORITY FOR MAJOR PORTS-The powers conferred by Section 123A read with Section 47H (2) of the Major Port Trusts Act, 1963 (Act No. 38 of 1963), the Tariff Authority for Major Ports with the concurrence of the Central Government, hereby makes the following Regulations namely

REGD. NO. D L.-33004/99 The Gazette of India

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 5] NEW DELHI, THURSDAY, JANUARY 11, 2001/PAUSA 21, 1922

(1)

96 GI/20012 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 4] 34 THE GAZETTE OF INDIA EXTRAORDINARY [PART III—SH 4J 56 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC 4] 78 THE GAZETTE OF INDIA : EXTRAORDINARY [PARI III—SEC-. 4] 9

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_n12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SBC. 4] J2

TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the 11th January, 2001

F. No. A-27011/1/97-TAMP.—In exercise of the powers conferred by Section 123A read with Section 47H (2) of the Major Port Trusts Act, 1963 (Act No. 38 of 1963), the Tariff Authority for Major Ports with the concurrence of the Central Government, hereby makes the following Regulations namely :

1. Short title and Commencement

(1). These Regulations may be called the Tariff Authority for Major Ports (Leave Travel Concession) Regulation, 2001.

(2). They shall come into force on the date of their publication j,n the Gazette of India.

2. Definitions

In these Regulations, unless the context otherwise requires, the following definitions shall apply:

(i). 'Act' means the Major Port Trusts Act, 1963 (Act No.38 of 1963).

(ii). 'Authority' means the Tariff Authority for Major Ports constituted under Section 47A of tiie Act.

(iii). "A Place in India" will cover any place within the territory of India, whether it is on the mainland India or overseas.

(iv). "Block Year" means a block of two calendar years or a block of four calendar years as may be specified by Controlling Authority.

(v). "Chairman" means the Chairperson of the Authority appointed under Section 47 A of the Act.

(vi). "Concession" means the Leave Travel Concession admissible to an employee under these Regulations.

(vii). "Controlling Authority" means the Chairman or any other officer authorised by the Authority.

(viii). "Disciplinary Authority" shall have the same meaning as assigned to it in the Tariff Authority for Major Ports (Classification, Control and Appeal) Regulations.

(ix). "Employee" means any person appointed in the office of the Authority against a post in terms of its Service Regulations notified in the Gazette of India.

(x) "Farnily" means -

(a) the employee's wife or husband, as the case may be, and two surviving unmarried children or stepchildren wholly dependent on the employee, irrespective of whether they are residing with the employee or not;

(b) married daughters who have been divorced, abandoned or separated from their husbands and are residing with the employee and are wholly dependent on the employee;

(c) parents and/or stepmother residing with and wholly dependent on the employee; and,

(d) unmarried minor brothers as well as unmarried, divorced, abandoned, separated from their husbands or widowed sisters residing with and wholly dependent on the employee, provided their parents are either not alive or are themselves wholly dependent on the employee.

EXPLANATIONS:

1. The restriction of the concession to only two surviving children or stepchildren shall not be applicable in respect of (a) those employees who already have more than two children prior to the coming into force of this restriction, i.e. 20-10-1997; (b) children born within one year of the coming into force of this restriction: (c) where the number of children exceeds two as a result of second child birth resulting in multiple births.

2. Not more than one wife is included in the term "Family" for the purpose of these Regulations. However, if an employee has two legally wedded wives and the second marriage is with the specific permission of the Authority, the second wife shall also be included in the definition of "Family".

3. Though it is not necessary for the spouse and children to reside with the employee so as to be eligible for the Leave Travel Concession, the concession in their cases shall, however, be restricted to the actual distance travelled or the distance between the headquarters/place of posting of the employee and the home town/place of visit, whichever is less.

4. Children of divorced, abandoned, separated from their husbands or widowed sisters are not included in the term "Family".

5. A member of the family whose income from all sources, including pension, temporary increase in pension but excluding 15 clearness relief on pension or stipend, etc., does not exceed Rs.1,500/- p.m. is deemed to be wholly dependent on the employee.

(xi). "Government" means the Central Government.

(xii). "Headquarters" means the city or town in which the employee has been posted for the time being.

(xiii) "Home Town" means the city, town, village or any other place declared as such by an employee and accepted by the Controlling Authority.

(xiv) "Member" means the Member (including a part-time Member) of the Authority appointed under Section 47A of the Act.

(xv) "Pay" means basic pay in the pay scale, special pay, dearness pay and any other emoluments classified as pay.

(xvi) "Public Servant" means the same thing as defined under Section 112 of the Act.

3. Application

These Regulations shall apply to all employees who are in whole time employment of the Authority and have completed one year of continuous and regular service in the Authority.

4. Declaration of Home Town

(i). Every employee shall within a period of six months from the date of the commencement of these Regulations or within a period of six months from the date of joining the service or before availing of concession, whichever is earlier, make a declaration to the Controlling Authority in the form attached as Appendix - I, about the State, District/City/Town/Village or any other place in India as his/her Home Town, and the Controlling Authority shall issue a formal acceptance after such verification as may be considered appropriate.

(ii). A declaration made under Regulation 4(i) and accepted by the Controlling Authority shall be final; but, at the request of an employee and on sufficient reasons, the Controlling Authority may, for reasons to be recorded in writing accept a change in the declaration of the Home Town, provided that such a change shall not be effected more than once during the entire period of service.

5. Types of concession and their admissibility

(i). Subject to the approval of the Controlling Authority, an employee may avail of the concession for himself/herself and members of his/her family -

(a) to visit his/her Home Town once in a block of two16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] (b) to visit any place in India once in a block of four years;

provided that an employee or the members of his/her family, in lieu of visiting any place in India, visit the Home Town.

(ii). An employee having his/her family at his/her Home Town may avail of the Home Town concession for himself/herself alone every year instead of having it for both self and family once in two years. This facility will be available to an unmarried employee also.

(iii). The Home Town leave travel concession can be combined with transfer/tour.

(iv). Circular tour tickets can be availed of in conjunction with the Home Town leave travel concession.

(v). The Home Town leave travel concession may be availed of during any leave including study leave, casual leave and special leave.

(vi). The Home Town leave travel concession will be admissible for journeys performed in vehicles operated by State Tourism Development Corporations and Transport Service run by the Government or local bodies and only the tickets issued by the Government body concerned shall be recognised.

6. When both husband and wife are working in the Authority

(i). They may declare their separate Home Towns independent of each other.

(ii). They may claim LTC for their respective families viz. the husband can claim for his parents/minor brothers/sisters and the wife may claim for her parent/minor brothers/sisters.

(iii). The children may claim the concession as members of family of any one of the parents in a particular block.

(iv). The husband or wife who avails LTC as a member of the family of the spouse, cannot claim independently for self.

(v). Where the spouse of an employee is employed in the Government / Public Sector Undertaking / Corporation / Autonomous body etc. which provides LTC facilities, an undertaking to this effect that his/her spouse has not preferred and will not prefer any claim in this behalf to his/her employer shall be taken.

7. Carry forward

The concession to visit Home Town or any place in India, if unutilized during a block year for which it was due, may be carried forward to the first I⁷ year of the next lock of two years or four years, as the case may be and thereafter it shaif lapse unless extended further, by the Controlling Authority.

8. Intended place of visit to be declared

The intended place of visit shall be declared in advance by an employee to the Controlling Authority

9. Change in the declared place of visit

Any change in the declared place of visit shall be intimated to the Controlling Authority before commencement of the outward journey. If, however, it is established that the request could not be made before commencement of the outward journey for reasons beyond the control of the employee, change of destination may be admitted by the Controlling Authority after considering the facts and circumstances of the case.

10. Reimbursement

'Fare' for journeys between duty station and Home Town, both ways, shall be reimbursed by the Authority in full. If an employee resides with his/her family away from the duty station, fares for journeys between place of residence and Home Town, both ways, restricted to that from duty station to Home Town and back shall be reimbursed. Reservation charges may be reimbursed in respect of all classes, but telegram charges for reservation of onward/return journeys etc., shall not be reimbursable.

11. Entitlement

(1) For travel under the scheme of Leave Travel Concession, the entitlements shall be as under:

(A), (i). Journey by Air/Rail:

Entitlement

Pay Range

Rs 18,400 and above.

SI. No. 0).

Air Economy (Y) Class by National Carriers or AC First Class by train, at their option.

AC First Class.

Rs.16,400 and above, but less than Rs.18,400

(ii)

Second AC 2-tier Sleeper Rs 8,000 and above, but less than Rs 16,400.

(iii).

Rs.4,100 and above, but less than Rs 8,000.

(iv).

First Class / AC 3-tier Sleeper /AC Chair Car.*

Second Sleeper

Below Rs 4,100.

(v).

* All employees who are entitled to travel on LTC by First Class /AC 3-tier Sleeper/AC Chair Car may, at their discretion, travel by AC 2-tier Sleeper in cases where any of the trains connecting the originating and destination stations concerned by the direct shortest route do not provide these three18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—S^.r 4]

(iii). Travel by Shatabdi Express Trains:

Note - Entitlement by Rajdhani/Shatabdi Trains would be applicable in cases where journey is actually undertaken by these trains and not for determining entitlement on notional basis. Both ends of the journey, i.e. place of start of the journey and the destination should be directly connected by Rajdhani/Shatabdi Express.

(ii). Accommodation entitlements for travel between the mainland and the Andaman & Nicobar Group of Islands and the Lakshadweep Group of Islands by ships operated by the Shipping Corporation of India Limited will be as follows:

Entitlement

Pay Range

S.No

Rs.8,000 and above.

Deluxe Class.

(0.

First/'A' Cabin Class.

Rs.6,500 and above, but less than Rs.8,000

(ii)

Second/'B' Cabin Class Rs.4,100 and above, but less than Rs 6,500

(iii).

Bunk Class.

Less than Rs.4,100.

(iv).

J9

NOTE - In all cases of travel by AC Taxi, Taxi or Auto rickshaw production of fare receipt will be necessary.

(i). Where a public transport system as aforesaid does not exist, the assistance will be regulated as in case of journeys undertaken on transfer.

(ii). Notwithstanding anything contained in this Regulation, where an employee travelling by road takes a seat or seats in bus, van or other vehicle operated by Tourism Development Corporations in the Public Sector, State Transport Corporations and Transport services run by other Government or local bodies to visit any place in India, the reimbursement shall be either the actual hire charges or the amount reimbursable on the journey to the declared place of visit had the journey been undertaken by entitled class by rail by the shortest direct route, whichever is less. Reimbursement shall not be admissible for journey by a private car (owned, borrowed or hired), or a bus, van or other vehicle owned by private operators.

(2). By Air - The employee may travel by air between places not connected by rail, where an alternative means of travel is either not available or is more expensive.

(3). In regard to places in territory of India connected by shipping services, the entitlement of an employee to travel by ship will be regulated as in the case of journeys by ship undertaken on transfer.

20

T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY

[ P A RT H I —S E C. 4] (4). Travel between places not connected by any other means of transport, an employee can avail of animal transport like pony, elephant, camel, etc. In such cases mileage allowance will be admissible at the same rate as for journeys on transfer.

12. Journey performed by a longer route in one or more modes of

conveyance

When a journey is performed by a longer route (not the cheapest) in two different classes of rail accommodation, the entitled class route rate through the shortest route shall be admissible. Where journey is performed by a longer route in different modes of transport, reimbursement may be made as per entitlement by rail or the actual amount paid for journey by road, which is less. The claim shall be worked out on a proportional basis for each/actual mode of journey/distance covered with reference to the distance by the shortest route.

13. Grant of advance

(i). An advance not exceeding 80% of the estimated expenditure on journey may be granted to an employee.

(ii). An employee drawing advance may furnish railway ticket numbers, etc., to the Controlling Authority within ten days of the drawal of the advance.

(iii). Advance may be drawn separately for self and family.

14. Claims

(i). The employee shall prefer claim for reimbursement of the fare paid by him/her for concession within three months of date of completion of the journey and if an advance had been drawn the claim shall be preferred within one month of the completion of the journey. The employee shall also furnish a certificate to the effect that he/she or his/her family or both actually performed the journey.

(ii). If an employee fails to prefer his/her claim within the period specified in Regulation 14(i), his/her claim for reimbursement shall be 'forfeited and the advance drawn by him/her, if any, shall be recovered in one lump sum from his/her salary for the following month together with interest which will be calculated @ 1% more than the normal rate of interest applicable on GPF/CPF.

15. Fraudulent claim of Leave Travel Concession

(i). If the disciplinary authority is satisfied that there are sufficient reasons to believe that an employee has preferred a fraudulent claim which shall amount to an act of misconduct, it may initiate disciplinary proceedings against him/her and such an employee shall not be allowed the concession till finalisation of such disciplinary proceedings.

21 (ii). If the disciplinary proceedings result in imposition of any penalty, the employee shall not be entitled to two subsequent sets of concession in addition to the sets already withheld during the pendency of the disciplinary proceedings.

(iii). If an employee is fully exonerated of the charge of fraudulent claim of the concession, he/she shall be allowed to avail of the concession withheld earlier as additional set(s) in future block years but before the normal date of superannuation.

16. Power to relax

Save as otherwise provided in these Regulations, where the Chairman is satisfied that operation of any of these Regulations causes undue hardship in any particular case, he may, by order, for reasons to be recorded in writing, dispense with or relax the requirement of that Regulation to such an extent and subject to such exceptions and conditions as he may consider necessary for dealing with the case in a just and equitable manner.

17. Interpretation

If any question relating to the interpretation of these Regulations, arises, it shall be referred to the Authority whose decision thereon shall be final and binding.

18. Residuary matters

Matters with respect to which no specific provisions have been made under these Regulations shall be regulated under corresponding provisions of the Central Civil Services (Leave Travel Concession) Rules, 1988 as amended from time to time and the instructions issued there under by the Government.

19. Repeal and saving

Any Rules and Regulations corresponding to these Regulations in force immediately before the commencement of these Regulations and applicable to the employees to whom these Regulations apply, are hereby repealed;

provided that any order made or action taken there under shall be deemed to have been made or taken under the corresponding provisions of these Regulations;

provided further that such repeal shall not affect the previous operation of the Rules and Regulations so repealed and a contravention of any of the said Regulations shall be punishable as if it were a contravention of these Regulations.

S. SATHYAM, Chairman

[Advt./lll/IV/143/2000(Exty.] 22

T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY

[ P A RT I I I —S E C. 4]

Appendix - 1

HOME TOWN DECLARATION FORM

(See Regulation 4)

1. Name :

2. Designation '•

3. Pay :

4. Class of travel by Rail :

5. Date of continuous appointment :

in service

6. Ancestral Town / Village :

7. District :

8. State :

9 Tne reasons for declaring Ancestral: Town/Village against column 6, whether own property or permanent address.

10. Whether your Town/Village is :

connected with rail? If so, indicate the name of the nearest Rly.Station.

11. Approx. distance of your Ancestral :

TownA/illage from Delhi.

12. Have you already recorded :

declaration of your ancestral Town/ Village in any Govt. records (e.g. in application for selection.

13. The Number of family members

as defined in Regulation 2 (x) and relations with the employees.

(i) Adults (ii) Children

I certify that the information given above is correct to the best of my knowledge and belief. Date; Signature

Name : Designation :

Pruned bwlte Manager. Go* ol India Press. Ring Road, Mavapun. New Delhi-110064 and Published In uie Controller of Publications. Delhi-110054