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.

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.

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.

(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

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.

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

: & t\r

termination of

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.

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.

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

encashment is

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

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.

1 8

_ .

THE OAZETTF OF INDIA EXTRAORDINARY

|PART m_ SK- 4|

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

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^

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).

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.

DELHI GAZETTE : EXTRAORDINARY

I PART III—SEC. 41

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

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

ACKNOWLEDGEMENT

I hereby acknowledge the receipt on this day of notice of termination

from service.

Station:

Date:

Signature of the Individual

Designation

FORM II

Order of termination of service issued under Regulation 4 of the TAMP

(Temporary Service) Regulations, 2001.

M K

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

(name anrt

sK??!Jim.rl

h e r e b y

t6rminate

f°

r t h W i t h

the

Service^

enttled t o « = sumeo.uiva.ent to the amount S r ^ y

^ ^ t T i

n°

t i C e at the S a m e rates at w h i c h 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:

THE GAZETTE OF INDIA :

A .

...

.41

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

Shri/Smt./Kumaii

that his/her services shall stand

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

modification

notice

dated

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

services

Shri/Smt./Kumari

and

pursuance

Regulaticn 4 of the Tariff Authority for major Ports (Temporary Service)

Regulation^

2001,

hereby

terminates

forthwith

the

services

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.]

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