The powers conferred under Section 123A read with Section 47H(2) of the Major Port Trust 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. 9] NEW DELHI, FRIDAY, JANUARY 19, 2001/PAUSA 29, 1922

167 GI/2001

(1)2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART HI—SEC. 41 34 THE GAZETTE Of INDIA : EXTRAORDINARY [PART I I I ^ S E C, 41 56 THE GAZETTE OF INDIA; EXTRAORDINARY [PART HI—SEC. 41 78 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] 9 \6^mi) toQi-j?.

1112 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] J_314 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC 41

TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the 19th January, 2001

No. A-30012/1/98-TAMP.—In exercise of the powers conferred under Section 123A read with Section 47H(2) of the Major Port Trust 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 Tariff Authority for Major Ports, (Temporary Service) Regulations,2001.

(ii). They shall cbYne into force on the date of their publication in the Gazette of India.

2. Applications

These Regulations shall apply to all officers/employees save

the following:

(i). The Chairman.

(ii). The Member (including a part time Member),

(iii). An employee not in a whole time employment,

(iv). An employee engaged on contract,

(v). An employee paid out of contingencies.

3. 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.

15 (hi). "Appointing Authority" means the Chairman or any other officer so authorised by him.

(iv). "Central Autonomous Body" means a body which is financed wholly or substantially from cess or Central Government grants and includes a Central Statutory Body or a Central University but does not Include a Public Undertaking falling under the purview of the Bureau of Public Enterprises.

(v). "Chairman" means the Chairperson of the Tariff Authority for Major Ports appointed under section 47 A of the Act.

(vi). "Employee" means a person appointed in the office of the Authority against any of the post, in terms of its service Regulations.

(vii). "Financed substantially" means meeting more than 50% expenditure by cess or from Central Government grants.

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

(ix). °ay" means basic pay in the pay scale plus special pay, plus dearnes £"ay and any other emoluments classified as pay.

(x). "Permanent employee" means an employee who holds a substantive or provisionally substantive post or who holds a lien on a permanent post or who would have held a lien on a permanent post had the lien not been suspended.

(xi). "Probationer" means a person appointed on probation to a post in the office of the Authority.

(xii). "Public Servant" has the same meaning as defined under Section 112 of the Act.

(xiii). "Temporary Service" means, the service of an employee in a temporary post or officiating service in a permanent post under the Authority.

4. Termination of Temporary Service

(i). (a). The services of an employee in temporary service shall be liable to be terminated at any time by a notice in writing given either by the employee to the Appointing Authority or by the Appointing Authority to the employee.

(b). The period of such notice shall be one month;

provided that the services of any such employee can be terminated forthwith, and, on such termination, the employee shall be entitled to claim a sum equivalent to the amount of his/her pay plus allowances for the period of the notice at the same rate at which Kf : & t\r termination of16 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART HI—SEC. 4] his/her service or, as the case may be, for the period by which such notice falls short of one month.

(ii). The following procedure shall be adopted by the Appointing Authority while serving notice on such employee under Clause (i) - (a) the notice shall be delivered or tendered to the employee in person;

(b) when personal service is not practicable, the notice shall be served on the employee by registered post (acknowledgement due) at the address of the employee available with the Authority; and, (c) if the notice sent by registered post is returned unserved it shall be published both in Hindi and English in the Gazette of India/two leading newspapers and upon such publication, it shall be deemed to have been personally served on such employee on the date it was published in the Gazette of India/newspapers.

(iii). Where a notice is given by the Appointing Authority terminating services of a temporary employee, or where the service of any employee is terminated either on the expiry of the period of such notice or forthwith by payment of pay plus allowances, the Authority or any other authority specified by the Authority in this behalf or a Head of the Authority, if the said authority is subordinate to him, may on its own motion or otherwise re-open the case, and after making such enquiry as it deems fit -

(a) confirm the action taken by the Appointing Authority; (b) withdraw notice; (c) reinstate the employee in service; or (d) make such other order in the case as it may consider proper;

provided that, except in special circumstances, which shall be recorded in writing, no case shall be reopened under this Regulation after the expiry of three months-

(a) from the date of notice in a case when notice is given; and, (b) from the date of termination of service, in case where no notice is given.

(iv). Where an employee is reinstated in service under Clause (iii) - the order of reinstatement shall specify -

(a) the amount or proportion of pay and allowance, if any, to be paid to an employee for the period of his/her absence between the date of termination of his/her service and the date of his/her reinstatement; and,

(b) whether the said period shall be treated as a period spent on duty for any specified purpose or purposes.

17 5. Termination of service of persons on probation

In case where specific conditions regarding termination of' service without any notice during or at the end of the period of probation (including extended period, if any), have been made in the letter of appointment, the services of the probationer/person on probation shall be terminated in terms of the letter of appointment and not under these Regulations.

6. Payment of cash equivalent of leave salary

(i). Where the services of an employee are terminated by. notice or by payment of pay and allowances in lieu thereof, or otherwise in accordance with the terms and conditions of his/her appointment, he/she shall be granted cash equivalent for the earned leave at his/her credit on the date on which he/she ceases to be in service subject to a maximum of 300 days.

(ii). Where the employee resigns or quits service, he/she shall be granted cash equivalent for the earned leave at his/her credit on the date of cessation of service, to the extent of half of such leave at his/her credit, subject to a maximum of 150 days.

(iii). The cash equivalent payable under Clauses (i) and (ii) shall be calculated as follows:

Pay admissible on the No. of days of Date of cessation plus unutilized earned DA admissible on that leaves for which

Cash equivalent = date X encashment is

30 admissible.

This payment shall be made in one lump sum as a one-time settlement - No HRA or CCA shall be payable.

(iv). Where an employee dies while in service, the cash equivalent of the leave salary that deceased employee would have got had he/she gone on earned leave and that would have been due and admissible to him/her but for the death on the date immediately following the death and in any case not exceeding leave salary for 300 days, shall be paid to his/her family without any reduction on account of pension equivalent of death-cum-retirement gratuity. In addition to the cash equivalent of leave salary admissible under these Regulations, the family of the deceased employee shall also be entitled to payment oniy cf dearness allowance as per orders issued in this behalf separately

7. Termination of temporary service on account of being physically

unfit

Notwithstanding anything contained in these Regulations, the services of an employee in temporary service may be terminated at any time without notice on his/her being declared physically unfit for continuant-J; in service by an authority competent to declare him/her permanently incar-stated for service had his/her appointment beer; permanent.

3. Terminal gratuity payable to temporary employee

(i). Subject to the provisions of Clause (iii), an employee in temporary service who retires on superannuation or is discharged from service or is declared invalid for further service shall be eligible for gratuity at the rate o f-

(a) one-half of a month's pay for each completed year, if he/she had completed not less than five years' continuous service at the time of retirement, discharge or invalidment; and,

(b) one month's pay for each completed year of his/her service, subject to a maximum of fifteen months' or Rupees fifteen thousand whichever, is less, if he/she had completed not less than ten years' continuous service at the time of retirement, discharge or invalidment ;

provided that the amount of terminal gratuity payable under these Regulations shall not be less than the amount which the employee would have got as a matching contribution if he/she were a member of a TAMP CPF Scheme from the date of his/her continuous temporary service subject to the condition that the matching contribution shall not exceed 8 1/3 per cent of his/her pay.

(ii). In the case of an employee in temporary service who is compulsorily retired from service as a disciplinary measure, the provisions of Clause (i) shall apply subject to the modification that the rate of gratuity payable in his/her case shall not be less than two-third of, but in no case exceeding, the rates specified under Clauses (i) (a) and (b) as the case may be.

(iii). In the case of a temporary employee who retires from service on attaining the age of superannuation or on his/her being declared permanently incapacitated for further service by the appropriate medical authority, after he/she has rendered temporary service of not less than ten years or who has sought voluntary retirement by giving three months' notice in writing on completion of 20 years of service, provision of Clauses (i) shall not apply and in accordance with the provision of CCS (Pension) Rules, 1972 (till the TAMP (Pension) Regulations are notified in the Gazette of India) -

(a) such an employee shall be eligible for the grant of superannuation, invalid or retiring pension, as the case may be, and retirement gratuity; and,

(b) in the event of his/her death after retirement, the members of his/her family shall be eligible for the grant of family pension.

(iv). In the event of death of an employee in temporary service, his/her family shall be eligible for family pension and death gratuity at the same scale and under the same provisions as are applicable to permanent 19 employees under the CCS (Pension) Rules, 1972, till the TAMP (Pension) Regulations are notified in the Gazette of India.

(v). No gratuity shall be admissible to an employee —

(a) who resigns his/her post or who is removed or dismissed from service as a disciplinary measure; and,

(b) who is re-employed after retirement on superannuation or retiring pension,

provided that an employee in temporary service who resi^nt^ Dm service to take up, with prior permission, an appointment under G^vt, a corporation or a company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by Government shall be paid terminal gratuity at the rate prescribed under Clause (i) in respect of the service rendered by him/her in the Authority;

Provided further that an employee in temporary service who has been absorbed in Central Government or any other Central autonomous body with the permission of the Authority shall have an option to count the service rendered under the Authority for the purpose of pension under Central Government or its autonomous body if it has a pension scheme, instead of drawing the terminal gratuity under Regulation 8(i).

9. Standard performae for termination of service

The following performae prescribed appended to these Regulations shall be used for termination of services of the temporary employee under these Regulations;

(i). Forms I and II are for use in cases where the Appointing Authority is other than Chairman.

(ii). Forms III and IV are to be used in cases where the Appointing Authority is the Chairman.

(iii). Forms V and VI are to be used by the Chairman or the Appointing Authority for termination of service during the currency of the notice of termination of service.

10. Interpretation

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

11. Residuary matters

Matters with respect to which no specific provision has been made under these Regulations, shall be regulated under corresponding provisions of the Central Civil Services (Temporary Service) Rules, 19£5 as amended from time to time.

12. Repeal and Saving

Any rules and Regulations corresponding to these Regulations in force immediately before commencement and applicable to the employees of the Authority are hereby repealed.

provided that any order made or action taken under the rul©s and regulations so repealed shall be deemed to have been made or taken under the corresponding provisions of these Regulations.

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

FORM I

Notice of termination of service under Regulation 4 of the TAMP (Temporary Service) Regulations, 2001.

F. No.

TARIFF AUTHORITY FOR MAJOR PORTS

Gate No. 30, II Floor, J.L. N. Stadium, New Delhi.

Dated

NOTICE

In pursuance of Regulation 4 of the Tariff Authority for Major Ports (Temporary Service) Regulations, 2001, I (name and designation) hereby give notice to Shri/Smt./Kumari that his/her services shall stand terminated with effect from the date of expiry of the period of one month from the date on which this notice is served on, or, as the case may, tendered to him/her.

Station :

Date:

Signature of the Appointing Authority 21

ACKNOWLEDGEMENT

I hereby acknowledge the receipt on this day of notice of termination from service.

Station:

Date:

Signature of the Individual

Designation

FORM II

MK Order of termination of service issued under Regulation 4 of the TAMP (Temporary Service) Regulations, 2001.

F. No.

TARIFF AUTHORITY FOR MAJOR PORTS

Gate No. 30, II Floor,

JL. N. Stadium, New Delhi

Dated

ORDER

In pursuance of Regulation 4 of the Tariff Authority for Major Ports (Temporary Service) Regulations, 2001, I V (name anrt sK??!Jim.rlh e r e by t⁶rminate f°r t h W i th the Service^ of enttled t o "= sumeo.uiva.ent to the a m o u nt S r ^y ^^ ^ ^ t T i⁰ n°t i Ce at t he S a me r a t es at w h i ch he/she was draw^them mmed.ately before the termination of his/her service, or, as the case may be for the period of which such notice falls short of one month.

Signature of the Appointing Authority Station:

Date:

FORM III

Notice of termination of service under Regulation 4 of the TAMP (Temporary Service) Regulations, 2001.

F. No.

TARIFF AUTHORITY FOR MAJOR PORTS

Gate No. 30, II Floor,

J.L. N. Stadium, New Delhi.

Dated

NOTICE

In pursuance of Regulation 4 of the Tariff Authority for Major Ports (Temporary Service) Regulations, 2001 the Chairman hereby gives notice to that his/her services shall stand Shri/Smt./Kumaii terminated with effect from the date of expiry of a period of one month from the date on which this notice is served on, or, as the case may be tendered to him/her.

By order and in the name of the Chairman.

Station :

Date :

Signature of the authority empowered to authenticate documents in the name of the Chairman

ACKNOWLEDGEMENT

I hereby acknowledge the receipt on this day of notice of termination from service.

Station:

Date:

Signature of the Individual

Designation FORM IV

Order of termination of service issued under Regulation 4 of the TAMP (Temporary Service) Regulations, 2001.

F. No.

TARIFF AUTHORITY FOR MAJOR PORTS

Gate No. 30, II Floor,

J.L. N. Stadium, New Delhi.

Dated

ORDER

In pursuance of Regulation 4 of the Tariff Authority for Major Ports (Temporary Service) Regulations, 2001, the Chairman hereby terminates forthwith the services of Shri/Smt./Kumari

and directs that he/she shall be entitled to claim a sum equivalent to the same rate at which he/she was drawing them immediately before the termination of his/her service, or, as the case may be, for the period by which such notice falls short of one month.

By order and in the name of the Chairman.

Station:

Date:

Signature of the authority empowered to authenticate documents in the name of the Chairman.

FORM V

Order of the termination of service issued under Regulation 4 of the TAMP (Temporary Service) Regulations, 2001, during the currency of the notice of termination of services already served on him/her, where the Appointing Authority is the Chairman:

F. No.

TARIFF AUTHORITY FOR MAJOR PORTS

Gate No. 30, II Floor, J.L.N. Stadium, New Delhi. Dated

ORDER

In modification of notice No dated of termination of services of Shri/Smt./Kumari and in pursuance of Regulation 4 of the Tariff Authority for Major Ports (Temporary Service) Regulations, 2001 the Chairman hereby terminates forthwith the services of Shri/Smt./Kumari and directs that he/she shall be paid a sum of equivalent to the amount of pay and allowances for the period by which the said notice falls short of one month calculated at the same rates at which he/she was drawing them immediately before the date of this order.

By order and in the name of the Chairman.

Station:

Date:

Signature of the authority empowered to authenticate documents in the name of the Chairman.

_25

FORM VI

Order of the termination of service issued under Regulation 4 of the TAMP (Temporary Service) Regulations, 2001, during the currency of the notice of termination of services already served on him/her.

F. No.

TARIFF AUTHORITY FOR MAJOR PORTS

Gate No. 30, II Floor, J.L.N. Stadium, New Delhi. Dated

ORDER

In modification of notice No dated of termination of services of Shri/Smt./Kumari and in pursuance of Regulaticn 4 of the Tariff Authority for major Ports (Temporary Service) Regulation^ 2001, I hereby terminates forthwith the services of Shri/Smt./Kunr^ri and directs that he/she shall be paid a sum equivalent to the amount of pay and allowances for the period by which the said notice falls short of one month calculated at the same rates at which he/she was drawing them immediately before the date of this order.

Signature of the Appointing Authority Station:

Dated :

S. SATHYAM, Chairman

[Advt. No. 11 I/I V/143/2000/Exty.] Printed by ihe Manager. Govt of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054