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 :

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.

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.

THE GAZETTE OF INDIA EXTRAORDINARY

[PAJ.J III—Sr

(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:

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.

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".

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.

Children of divorced, abandoned, separated from their

husbands or widowed sisters are not included in the term "Family".

A member of the family whose income from all sources,

including pension, temporary increase in pension but excluding

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.

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.

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.

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 two

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.

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.

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 shai^f lapse unless extended further, by the Controlling Authority.

Intended place of visit to be declared

The intended place of visit shall be declared in advance by an employee

to the Controlling Authority

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:

SI.

No.

0).

(ii)

(iii).

(iv).

(v).

Pay Range

Rs 18,400 and above.

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

Rs 8,000 and above, but less than Rs 16,400.

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

Below Rs 4,100.

Entitlement

Air Economy (Y) Class by National

Carriers or AC First Class by train,

at their option.

AC First Class.

Second AC 2-tier Sleeper

First Class / AC 3-tier Sleeper /AC

Chair Car.*

Second Sleeper

* 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 three

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART III—S^.r 4]

(iiV

Travel by Rajdhani Express Trains:

SI.

No.

(0-

(ii).

(ill).

Pay Range

Rs. 16,400 and above.

Rs.8,000 and above, but less than Rs. 16,400

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

Entitlement

AC First Class.

Second AC 2-tier Sleeper.

AC 3-tier Sleeper.

(iii).

Travel by Shatabdi Express Trains:

S.No.

(I).

(ii).

Pay Range

Rs. 16,400 and above.

Rs.4,100 and above, but less than Rs,16,400.

Entitlement

Executive Class'

AC Chair Car.

Note -

Entitlement

by Rajdhani/Shatabdi

Trains would

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.

(B).

(i).

Journey by Sea or by River Steamer:

No.

0)-

(ii).

(iii).

(iv).

Pay Range

Rs.8,000 and above.

Rs.6,500 and above, but less than

Rs.8,000.

Rs.4,100 and above, but less than

Rs,6,500.

Below Rs.4,100.

Entitlement

Highest Class.

If there are two classes only on the steamer,

the lower class.

If there are three classes, the middle or the

second class.

If there be four classes, the third class.

The lowest class.

(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:

S.No

(0.

(ii)

(iii).

(iv).

Pay Range

Rs.8,000 and above.

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

Rs.4,100 and above, but less than Rs 6,500

Less than Rs.4,100.

Entitlement

Deluxe Class.

First/'A' Cabin Class.

Second/'B' Cabin Class

Bunk Class.

(C)

(i).

Journey by Road:

(•)•

(il).

(iii)

(iv).

(v)

Pay Range

Rs. 18,400 and

above,

Rs.8,000 and above, but

less than Rs. 18,400.

Rs.6,500 and above, but

less than Rs.8,000.

Rs 4,100 and above, but

less than Rs.6,500.

Below Rs.4,100.

Entitlement

Actual fare by any type of public bus, including

air-condltioined bus: OR

At prescribed rates for AC Taxi/Taxi (AC Taxi

when the journey is actually performed by AC

Taxi) for journey to the places not connected by

rail, subject to condition that the claim shall b«

restricted to the bus fare by entitled class or the

fare actually paid, whichever is less

Same as at (i) above with the exception that

journeys by AC Taxi will not be permissible

Same as at (ii) above with the exception that

journeys by air-conditioned bus will not be

permissible

Actual fare by any type of public bus other than

air-conditioned bus: OR

At prescribed rate for auto rickshaw for journey

to places not connected by rail, subject to

condition that the claim shall be restrictfad to bus

fare by entitled class or the fare actually paid,

whichever is les's.

As at (iv) above with the condition that the claim

shall be restricted to the bus fare by ordinary

bus

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.

•

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(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.

(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.]

•

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Appendix - 1

HOME TOWN DECLARATION FORM

(See Regulation 4)

Name

Designation

'•

Pay

Class of travel by Rail

Date of continuous appointment :

in service

Ancestral Town / Village

District

State

T n e 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