The powers conferred under 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. 6] NEW DELHI, THURSDAY, JANUARY 11, 2001/PAUSA 21, 1922

97 GI/2601

(1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] 3 4 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 h e. 4] 5 6 THE GAZETTE OF INDIA; EXTRAORDINARY [PART III—SEC. 4] 7 8 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART III—SEC, 4]

TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the 11th January, 2001

No. A-24011/2/98-TAMR—In exercise of the powers conferred under 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

(i). These Regulations may be called the Tariff Authority for Major Ports (Joining Time) Regulations, 2001.

(ii). They shall come into force on the date of their publication in the Gazette of India and shall apply to transfers effected on/or after that date.

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 47 A of the Act.

(iii). "Chairman" means the Chairperson of the Tariff Authority for Major Ports, appointed under Section 47 A of the Act.

(iv). "Competent Authority" means the Chairman or any other person authorised by him to exercise the powers under these Regulations.

(v). "Disciplinary Authority" has the same meaning as has been assigned under Tariff Authority for Major Ports (Classification, Control and Appeal) Regulations.

(vi). "Employee" means an employee appointed in the office of the Authority against a post under the respective Service Regulations.

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

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

(ix). "Joining Time" means the time allowed to an employee to join a new post or to travel to a station to which he/she is posted.

(x). "Member" means the Member (including a part-time Member) of the Tariff Authority for Major Ports appointed under Section 47 A of the Act.

(xi). "Pay" means basic pay in the pay scale, plus special pay plus deamess pay and any other emoluments classified as pay.

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

(xiii). "Same Station" means the area falling within the jurisdiction of the municipality or corporation including such suburban municipalities- notified areas or cantonments as are contiguous to the named municipality, etc.

(xiv). "Transfer" means the movement of an employee from one post to another either within the same station or in another station to take up duties of a new post or in consequences of change of his / her headquarters.

3. Application

(i). These Regulations shall apply to all employees appointed in the office of the Authority in terms of its Service Regulations.

(ii). These Regulations shall not apply to the following :

(a). An employee engaged on contract basis.

(b). An employee who is noton whole time employment,

(c). An employee paid out of contigencies.

O^tato'T -^

4. Joining Time when admissible

(i). Joining Time shall be admissible to an employee who is transferred in the interest of the Authority.

(ii). Joining Time shall be admissible to surplus staff transferred from one post to another.

(iii). No Joining Time shall be admissible in the following cases:

(a). In case of temporary transfer for a period not exceeding 180 days;

(b). In case where such transfer is made at the request of the employee.

5. Amount of Joining Time

(i). Same Station

One day's joining time is admissible on transfer to.join a new post within the same station or in another station, which does not involve change of residence.

(ii). Outstation

(a). One day's Joining Time is admissible if change of residence is not involved.

(b). If change of residence is involved, Joining Time will be admissible with reference to the distance between the old and the new stations by direct route and ordinary mode (s) of travel. The admissible Joining Time shall be as given in the Table below:

TABLE

Joining Time Admissible

Distance between the old Headquarters and new Headquarters

Joining Time admissible where the transfer necessarily involves continuous travel by road for more than 200 Km.

2.

1.

3. 12 days 14 days 15 days

1,000 Km or less more than 1,000 Km. Morethan2,000Km.

10 days 12 days 15 days except in cases of travel by air for which the maximum will be 12 days.

6. Commencement of Joining Time

Joining Time shall commence from the date of relinquishment of charge of the old post if the charge is made over in the forenoon and from the following date if the charge is made over in the afternoon.

7. Extension of Joining Time

Extension of Joining Time beyond the limits indicated under Regulation 5 can be granted subject to a maximum limit of 30 days by the Chairman, the guiding principle being that the total period of Joining Time shall be approximately as indicated in Regulation 5 plus reasonable transit time plus holidays, if any, following the extended Joining Time. While computing the transit time, allowance may be made for the time unavoidably spent due to disruption of transport arrangements caused by strike or natural calamities, or the period spent awaiting departure of the steamer or any other mode of transport that may be available for travel to the new station.

8. Actual and not weighted distance

Notwithstanding anything contained in Regulations 4 and 6, distance shall be calculated on the basis of actual expenditure incurred and not on the weighed one for which fair is charged by Railways in some Sections.

9. Holidays

Not withstanding anything contained in Regulations 4, 6 and 7 when holiday(s) follow(s) Joining Time, the normal Joining Time shall be deemed to have been extended to cover such holiday(s).

10. Calculation of Joining Time from old headquarters

Joining Time shall be calculated from the old headquarters in all cases, including the following:

(i). When an employee receives the order in a place other than his / her headquarters.

(ii). Where charge of the old post is made over in a place other than the headquarters.

(iii). Where headquarters is changed while on tour to the station of tour itself.

(iv) Where a temporary transfer is converted into a permanent transfer.

^ l i ^ ) co - 312 THE GAZETTE OF INDIA EXTRAORDINARY [PART HI—Snr. 4]

11. Unavailed Joining Time to be credited to Earned Leave

In case an employee is ordered to join the new post at a new place of posting without availing full Joining Time to which he/she is entitled or he/she proceeds alone to the new place and joins without availing full Joining Time and takes his/her family later within the permissible period for claiming transfer T.A., the unavailed period (full Joining Time limited to a maximum of 15 days minus joining time availed), may be credited to his / her earned leave account. In case the addition results in the total Earned Leave at credit exceeding 300 days, the excess may be ignored.

Note:- This concession shall not be admissible to cases of transfers within the same station.

12. Combination with leave/vacation

Joining Time may be combined with vacation, or leave of any kind except casual leave.

13. Second transfer while in transit

If an employee in transit on transfer is directed to proceed to a place different from that indicated in the original transfer order, he/she shall be entitled, to fresh Joining Time in addition to the Joining Time already availed. The fresh Joining Time may be calculated from the place at which he/she got the revised order.

14. When transfer is cancelled

When the order of transfer is cancelled after the employee has handed over charge of the old post but before taking over of the new post, the period intervening the dates of handing over and taking over shall be treated as Joining Time.

15. Transfer at own request

No Joining Time shall be admissible when the transfer is made at own request of an employee. Regular leave may be availed of to cover the period from the date of relinquishing charge of the old post to the date of assumption of charge of the new post. If holiday(s) intervene(s) between the date of relief at the old station and the date of Joining at the new station, the intervening holiday(s) may be availed as 'holidays' and the employee need not take any leave for such period. The pay for the period so availed shall be borne by the office/ organisation where the official joins after transfer.

16. Joining Time Pay

(i). An employee on Joining Time shall be deemed to be on duty and shall be entitled to Joining Time Pay equal to the pay which was drawn before relinquishment of charge in the old post. In addition, Dearness Allowance13 appropriate to the pay and House Rent Allowance and City Compensatory Allowance as applicable at the old headquarters shall be admissible.

(ii). No Transport Allowance shall be admissible during the Joining Time.

17. Reckoning Joining Time for Increment

(i). Joining Time shall be counted for increment in the substantive post and the post for which pay is paid during that period,

(ii). Joining Time in continuation of leave counts for increments in the time-scale applicable to the post on which the last day of leave before commencement of Joining Time.

(iii). Journey period availed on transfer at employee's own request not regularised as leave shall be treated as dies-non and shall not count for increment, leave or pension.

18. Wilful absence to be treated as misconduct

Wilful absence from duty after expiry of Joining Time shall be treated as misbehaviour / misconduct punishable under the Tariff Authority for Major Ports (Classification, Control and Appeal) Regulations.

19. Power to relax

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

20. Interpretation

If any doubt arises as to the interpretation of these Regulations, it shall be referred to the Authority and its decision thereon shall be final and binding.

21. Residuary matter

Matter with respect to which no specific provisions have been made under these Regulations shall be regulated under corresponding Rules, Regulations and Instructions of the Government applicable to its employees.

22. Repeal and Saving

All Rules, Regulations and Instructions on the subject of Joining Time in force immediately before commencement of these Regulations and applicable to employees of the Authority to whom these Regulations apply, are hereby repealed14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] with effect from the date of publication of these Regulations in the Gazette of India.

Provided that any order made or action taken thereunder 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] Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-] 10064 and Published by the Controller of Publications, Delhi-110054