In exercise of the powers conferred by Section 123 A read with Section 47H(2) of the Major Port Trusts Act, 1…

REGD NO D L -33004/99

The Gazette of India

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 30] NEW DELHI, TUESDAY, FEBRUARY 6, 2001/MAGHA17,1922

367 GI/2001

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THE GAZETTE OF INDIA EXTRAORDINARY

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TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the 6th February, 2001

No. C-19011/3/98-TAMP.—In exercise of the powers conferred by Section 123 A 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 Govt, hereby make the following Regulations, namely :

1. Short title and Commencement

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

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

2. Application

(i). These Regulations shall apply to all employees save the following:

(a). The Chairman,

(b). The Members (including a part-time Member).

(c). A person subject to discharge from service on less than one month's notice.

(d). A person for whom a special provision is made, in respect of matters covered by these Regulations, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the Chairman before or after the commencement of these Regulations, in regard to matters covered by such special provisions.

3. Definitions

definitbnnsshSa*aRpX'atiOnS' ""*" *" " " ** ^ ^ '^ "*>""**• ^ f° " °W i n⁹ (i). "Act" means the Major Port Trusts Act, 1963 (Act No. 38 of 1963).

22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC, 4]

(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). "Dependent" means any member whose income from all sources, does not exceed Rs. 1500/- p.m. (A child getting stipend, scholarship in excess of Rs. 1500/- p.m. is not considered a dependent).

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

(vii). "Employer" means the Authority,

(viii). "Family" means--

(a) the wife or husband, as the case may be, of the employee, whether residing with the employee or not but does not include a wife or husband, as the case may be, separated from the employee by a decree or order of a competent Court;

(b) son or daughter or step-son or step-daughter of the employee and wholly dependent on him, but does not include a child or step- child who is no longer in any way dependent on the employee or of whose custody the employee has been deprived by or under any law; and,

(c) any other person related, whether by blood or marriage, to the employee or to the employee's wife or husband and wholly dependent on the employee.

(ix). "Government" means the Central Government,

(x). "Master" means the Authority.

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

(xii). "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.

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

4. General

(A). Every employee shall at all times -

(i) maintain absolute integrity;

(ii) maintain devotion to duty; and,

(iii) do nothing which is unbecoming of an employee of the Authority.

(B). (i). Every employee holding a supervisory post shall take all steps to ensure the integrity and devotion to duty of all employees for the time being under his control and authority.

(ii). No employee shall, in the performance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the direction of his official superior.

(iii). The direction of the official superior shall ordinarily be in writing. Oral direction to subordinates shall be avoided, as far as possible. Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter.

(iv). An employee who has received oral direction from his official superior shall seek confirmation of the same in writing as early as possible, whereupon it shall be the duty of the official superior to confirm the direction in writing.

Explanation 1: An employee who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of Clause A(ii).

Explanation 2: Nothing in Clause B(ii) shall be construed as empowering an employee to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are not necessary under the scheme of distribution of powers and responsibilities.

5. Promptness and Courtesy

No employee shall -

(a) in the performance of his official duties, act in a discourteous manner;

and,

(ii) in his official dealings with the public or otherwise adopt dilatory tactics or wilfully cause delays in disposal of the work assigned to him.

24 THE GAZETTE OF INDIA . EXTRAORDINARY [PART III—SEC. 4|

6. Observance of Government's policies

Every employee shall, at all times -

(i) act in accordance with the Government's policies regarding age of marriage, preservation of environment, protection of wildlife and cultural heritage; and,

(ii) observe the Government's policies regarding prevention of crime against women.

7. Prohibition of sexual harassment of working women

(1). No employee shall indulge in any act of sexual harassment of any woman at her work place.

(2). Every employee who is in-charge of a work place shall take appropriate steps to prevent sexual harassment to any woman at such work place.

Explanation: For the purpose of this rule, "sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise, as- (a) physical contact and advances;

(b) demand or request for sexual favours;

(d) showing any pornography; or

(e) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

8. Observance of secrecy

(i). Every employee, including an Adviser or a Consultant shall maintain secrecy regarding the affairs of the Authority and shall not divulge, directly or indirectly, any information of a confidential nature either to a member of the public or to an outside agency or to any other employee of the Authority not entitled to such information unless- (a) divulging of such information is in accordance with the law or in accordance with the practices and usages customary to the Authority; or,

(b) he / she is compelled to divulge such information by judicial or other authority; or,

(ii). Every employee including, an Adviser or a Consultant or person re- employed, shall, before entering upon his/her duties, make a declaration of fidelity and secrecy in the following format;

"I do hereby declare that I will faithfully, truly and to the best of my skills and abilities, execute and perform the duties required of me as the of the Authority and which properly relates to the office or position held by me in or in relation to said Authority.

I further declare that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the Authority; nor will I allow any person to have access to any books or documents belonging or in possession of t,h" Authority or the business of any person having any dealing with the said Authority".

Signature Signed before me.

9. Acts and conducts which amount to misconduct

(i). The following acts, or conduct of an employee may amount to misconduct:

(a). Any act or conduct prejudicial or likely to be prejudicial to the interests of the master or to the reputation of the master.

(b). Any act or conduct inconsistent or incompatible with the due or peaceful discharge of his/her duty to the master.

(c). Any act or conduct which makes it unsafe for the employer to retain him/her in service.

(d). Any act or conduct involving moral turpitude which tends to erode the trust of all reasonable men.

(e). Any act or conduct, which makes the master lose confidence in his/her faithfulness.

(f). Any act or conduct that is open to temptations for non- discharge of duties properly.

(g). If the employee is abusive or if he/she disturbs the peace at the place of his/her employment.

(h). Any insulting and insubordinate act or conduct which is incompatible with the continuance of the relation of master and servant.

367GI/2001—426 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC, 4] (i). Any act or conduct demonstrating habitual negligence in respect of his/her duties.

0). Any neglect by the employee that, inspite of being an isolated occurrence, tends to cause serious consequence.

(ii). The following acts and omissions amount to misconduct

(a). Wilful insubordination or disobedience, whether committed singly or in combination with others, to any lawful and reasonable order of a superior.

(b). Infidelity, unfaithfulness, dishonesty, untrustworthiness, theft, fraud, or dishonesty in connection with the employer's business or property.

(c). Strike, picketing, gherao, striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.

(d). Gross moral misconduct that is to say acts subversive of discipline- Riotous or disorderly behaviour during and after working hours in the office premises or any act subversive of discipline.

(e). Habitual late attendance.

(f). Negligence or neglect of work or duty amounting to misconduct - habitual negligence or neglect of work.

(g). Habitual absence without permission and over-staying leave, (h). Conviction by a criminal court.

10. Employment of near relative of an employee in firms or companies (i). No employee shall use his/her position or influence, directly or indirectly, to secure employment for any person related, whether by blood or marriage to him/her or to the spouse, whether such a person is dependent on him/her or not, in any firm or company.

(ii). No employee shall, except with prior permission of the Competent Authority permit son, daughter or any other member of his/her family to accept employment in any firm or company with which he/she has official dealings or in any other firm or company having official dealings with it.

Provided that when the acceptance of the employment cannot await prior permission of the Competent Authority or is otherwise considered urgent, the employment may be accepted provisionally subject to the permission of Competent Authority and the matter shall be reported to the Competent Authority.

(iii). No employee shall in the discharge of his/her official duties deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his/her family is employed in that company or firm or under that person or if he/she or any member of his/her family is interested in such matter or contract in any other manner and he/she shall refer every such matter or contract to the Competent Authority through his/her official superior and the matter or contract shall thereafter be disposed of according to the instructions of the Competent Authority to whom the reference is made.

11. Private trade or employment

(1). Subject to the provisions of sub-clause (2) of this Regulation, no employee shall, except with the previous sanction of the Authority - (a) engage directly or indirectly in any trade or business, or (b) negotiate for, or undertake, any other employment, or (c) hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not, or

(d) canvass in support of any business of insurance agency, commission agency, etc., owned or managed by any member of his family, or

(e) take part except in the discharge of his official duties, in the registration, promotion or management of any bank or other company registered or required to be registered, under the Companies Act, 1956, (1 of 1956) or any other law for the time being in force, or of any co-operative society for commercial purposes.

(f) participate in or associate himself in any manner in the making of-

(i) a sponsored media (radio or television) programme; or (ii) a media programme commissioned by Government

media but produced by a private agency; or

(iii) a privately produced media programme including video

magazine;

provided that no previous permission shall be necessary in case where the employee participates in a programme produced or commissioned by Government media in his official capacity.

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] (2). An employee may, without the previous sanction of the Authority (a) undertake honorary work of a social or charitable nature, or, (b) undertake occasional work of a literary, artistic or scientific character, or

(d) take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society or of a club or similar organisation, the aims or objects of which relate to promotion of sports, cultural or recreational activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force, or

(e) take part in the registration, promotion or management (not involving the holding of elective office) of a co-operative society substantially for the benefit of employees, registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law for the time being in force;

provided that -

(i) he shall discontinue taking part in such activities, if so

directed by the Competent Authority; and

(ii) in a case falling under Clause (d) or Clause (e) of this sub-regulation, his official duties shall not suffer thereby and he shall, within a period of one month of his taking part in such activity, report to the Competent Authority giving details of the nature of his participation.

(3). Every employee shall report to the Competent Authority if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.

(4). Unless otherwise provided by general or special orders of the Competent Authority, no employee may accept any fee for any work done by him for any private or public body or any private person without the sanction of the prescribed authority.

Explanation: The term 'fee' used here shall have the meaning assigned to it in Fundamental Rule 9 (6-A) of the Government.

12. Employment after retirement

No employee shall within a period of two years from the date when he / she finally ceases to be in the service of the Authority accept or undertake any commercial employment (full time or part time) except with prior written approval of the Competent Authority.

Explanation: For the purpose of this regulation, "Commercial employment" means the following:

(i). Employment in any capacity, including that of an agent under a company, co-operative society, firm or individual engaged in trade, commercial, industrial or professional business and includes a directorship of such a company and partnership of such firm but does not include employment under a body corporate wholly or substantially held or controlled by the Government.

(ii). Setting up a practice, either independently or as partner of a firm, as adviser or consultant in matters in respect of which the retired employee-

(a) has no professional qualification and the matter in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience; or,

(b) the matters in respect of which such practice is to be set up are such as are likely to give his/her clients an unfair advantage by reason of his/her previous official position; or,

13. Connection with the press or other media

(i). No employee shall, except with the prior approval of the Competent Authority, own wholly or in part, or contract or participate in the editing or management of any newspaper or any other periodic publication or electronic media.

(ii). No employee shall, except with the prior sanction of the ^Competent Authority or except in the bonafide discharge of his/ner duties participant in radio broadcast or tele-cast through electronic media or contribute any article or write any letter either in his / her own name or anonymously or in the name of any other person to any newspaper or electronic media or periodical or make public or publish or cause to be published or pass on to others any document, paper or information which may come into his/her possession in his/her official capacity.

(iii). No employee shall, except with the prior approval of the Competent Authority publish or cause to be published any book or any similar printed matter of which he/she is the author or not or deliver talk or lecture in public meeting or otherwise.

Provided that no such approval is, however, required for such broadcast or contribution or publication which is of a purely literary, artistic, scientific, professional, cultural, educational, religious or social character.

30 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]

(iv). An employee publishing a book or participating in a public media shall at all time make it clear that the views expressed by him/her are his/her own and not that of the Authority or the Government.

14. Criticism of the Authority or the Government

No employee shall, in any radio broadcast, telecast through any electronic media or in any document published in his/her own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion which has the affect of an adverse criticism of any current or recent policy or action of the Authority or the Government -

(i) which is capable of embarrassing the relations between the Authority and the Government; or,

(ii) which is capable of embarrassing the relations between the Government and the Government of any foreign state.

15. Demonstrations and strikes

No employee shall -

(i) engage himself / herself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or which involves contempt of court, defamation or incitement to an offence, or

(ii) resort to or in any way abet any form of strike or coercion or physical duress in connection with any matter pertaining to his service or the service of any employee.

16. Joining of associations prejudicial to interests of the country

No employee shall join, or continue to be a member of an association, the objects or activities of which are prejudicial to the interest of the sovereignty and integrity of India or public order or morality.

17. Taking part in politics and elections

(i). No employee shall be a member of or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he/she take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.

(ii). No employee shall stand for election to any legislature or local authority.

(iii). No employee shall canvass or otherwise interfere with, or use his / her influence in connection with or take part in an election to any legislature or local authority.

Explanation: The display by an employee on his/her person, vehicle, or residence of any electoral symbol shall amount to using his/her influence in connection with an election within the meaning of Clause (iii).

18. Evidence before Committee or any other authority

(i). No employee shall, except with the prior approval of the Competent Authority, give evidence in connection with any enquiry conducted by any person, committee or body.

(ii). Where any approval has been accorded under Clause (i), no employee giving such evidence shall criticise the policy or any action of the Authority or of the Government.

(iii). Nothing in this regulation shall apply to,

(a) evidence given at an enquiry before a body appointed by the Govt., Parliament or a State Legislature; or,

(b) evidence given in any judicial enquiry; or,

19. Public demonstration in honour of employees

(i). No employee shall, except with the prior sanction of the Competent Authority, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his/her honour, or in the honour of any other employee of the Authority.

Provided that it shall not apply to,

(a) a farewell entertainment of a substantially private and informal character held in honour of an employee on the occasion of his/her retirement or transfer or on quitting the service of the Authority, or,

(b) the acceptance of a simple and inexpensive entertainment arranged by an Association of the employees of the Authority.

(ii). No employee shall either directly or indirectly exercise pressure or influence on any employee to induce or compel him/her to subscribe towards any farewell entertainment.

20. Seeking outside influence

No employee shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his/her interest in respect of matters pertaining to his/her service under the Authority.

32 __ THE GAZETTE OF INDIA EXTRAORDINARY [PART III—SEC. 4]

21. Absence from duty

(i). No employee shall absent himself/herself from his/her duty or be late in attending office or leave station-without having first obtained the permission of the Competent Authority,

provided that in the case of unavoidable circumstances where availing of prior permission is not possible or is difficult, such permission may be obtained later subject to the satisfaction of the Competent Authority that such a permission could not have been obtained.

(ii). No employee shall ordinarily absent himself/herself in case of sickness or accident without submitting a proper medical certificate,

provided that in the case of temporary indisposition or sickness of a casual nature, the production of medical certificate may, at the discretion of the Competent Authority, be dispensed with.

22. Subscriptions

No employee shall, except with the previous sanction of the Competent Authority ask for or accept contribution to, or otherwise associate himself/herself with the raising of any funds or other collections in cash or in kind in pursuance of any object whatsoever.

23. Gifts

(i). Save as otherwise provided in these Regulations, no employee shall accept or permit any member of his/her family or any other person acting on his/her behalf to accept any gift.

Explanation: The expression "gift" shall include free transport, board, lodging or other service or any other pecuniary advantage provided by any person other than a near relation or personal friend having no official dealings with the employee.

Note: (a). A casual meal, lift or other social hospitality shall not be deemed to be a gift.

(b). An employee shall avoid acceptance of lavish or frequent hospitality from any individual or concern etc. having official dealings with him/her.

(ii). On occasions such as marriages, anniversaries, funerals or religious functions when the making of gifts is in conformity with the prevailing religious or social practice, an employee may accept gifts from his/her near relatives or from his/her personal friends having no official dealings with him/her but shall make a report to the Authority, if the value of such a gift exceeds the following limits,

(a) rupees five thousand in the case of an employee holding any Group 'A' post;

(b) rupees three thousand in the case of an employee holding any Group 'B' post;

(d) rupees five hundred in the case of an employee holding any Group 'D¹ post.

(iii). In any other case, an employee shall not accept any gift without the sanction of the Competent Authority if the value exceeds-

(a) rupees one thousand in the case of an employee holding any Group 'A' or Group 'B' post; and,

(b) rupees two hundred and fifty in case of an employee holding any Group 'C or Group 'D' post.

Note: As a normal practice an employee shall not accept any gift from a person or institution having official dealings or is likely to have official dealings with him / her.

24. Dowry

No employee shall -

(i) give or take or abet the giving or taking of dowry; or

(ii) demand directly or indirectly, from the parent or guardian of a bride or bridegroom, as the case may be, any dowry,

Explanation I: In the Dowry Prohibition Act, 1961 (28 of 1961), "Dowry" means any property or valuable security given or agreed to be given directly or indirectly, (a) by one party to a marriage to the other party to the marriage, or, (b) by the parents of either party to a marriage or by any other person or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahar in the case of persons to whom the Muslim Personal Law (Shariat) applies.

Explanation II: The words "valuable Security" as per the expression in section 30 of the Indian Panel Code (45 of 1860) denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, registered, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

25. Subletting and vacation of the Authority / Government accommodation

(i). Save as otherwise provided in any other law for the time being in force, no employee shall sublet, lease or otherwise allow occupation by any other person of accommodation which has been allotted to him/her by the Authority or the Government.

367GI/2001— 534 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] (ii). An employee shall, after the cancellation of his/her allotment of the official accommodation vacate the same within the time limit prescribed by the allotting authority.

26. Investments, lending and borrowing

(i). No employee shall speculate in any stock, share or other Investment, provided that nothing in this sub-regulation shall apply to occasional investment made through stock brokers or other persons duly authorised and licensed or who have obtained a certificate of registration under the relevant law.

Explanation: Frequent purchase or sale or both, of shares, securities or other investments shall be deemed to be speculation within the meaning of this sub-clause.

(ii). No employee shall make, or permit any member of his/her family or any person acting on his/her behalf to rhake> any investment which is likely to embarrass or influence him / her in the discharge of his/her official duties. For this purpose, any purchase of shares out of the quota reserved for Directors of Companies or their friends and associates shall be dwffied to be an investment which is likely to embarrass the employee.

(iii). If any question arise* whether any transaction is of the nature referred to in Clausa (I) or (ii) the decision of the Competent Authority thereon shall be final.

(iv). (A) No employee shall, save in the ordinary course of business with a bank or a public limited company, either himself or through any member of his/her family or any other person acting on his/her behalf - (a) lend or borrow Or deposit money, as a principal or an agent, to, or from or with, any person or firm or private limited company within the local limits of his/her authority or with whom he/she is likely to have official dealings or otherwise place himself/herself under any pecuniary obligation to such person or firm or private limited company; or

(b) lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid.

Provided that an employee may give to, or accept from, a relative or a personal friend a purely temporary loan of a small amount free of interest, or operate credit account with a bonafide tradesman or make an advance of pay to his/her private employees.

Provided further that nothing in this sub-regulation shall apply in respect of any transaction entered into by an employee with the previous sanction of the Competent Authority.

(B). When an employee is appointed or transferred to a post of such nature as would involve him/her in the breach of any of the provisions of Clause (ii) or (iv) he/she shall forth with report the circumstances to the Competent Authority and shall thereafter act in accordance with such order as may be made by such authority.

Explanation

(i). In the case of an employee who does not have a definite territorial jurisdiction, the term persons "within the local limits of his/her authority would mean the persons with whom the employee has official dealings.

(ii). It is not possible to define the term "small amount" comprehensively. Each case may be decided on merits, and in deciding cases, the status of the individual concerned and the amount involved shall be taken into account.

(iii). Purely temporary loans of small amounts, free of interest, can be taken by an employee from personal friends and relations even if they reside within the local limits of his/her authority. No sanction of the Competent Authority will be necessary in such cases. However, if the amount is large, previous sanction of the Competent Authority shall be necessary.

Note: With a view to enable the administration of the Authority to keep a watch over transactions, the employees shall furnish information in the prescribed forms to the Competent Authority in the following cases -

(i). Group 'A' & 'B' employees: If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 50,000 during the calendar year.

(ii). Group 'C & 'D¹ employees: If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 25,000 during the calendar year.

27. Insolvency and habitual indebtedness

An employee shall so manage his/her private affairs as to avoid habitual indebtedness or insolvency. An employee against whom any legal proceeding is instituted for the recovery of any debt due from him/her or for adjudging him/her as an insolvent, shall forthwith report the full facts of the legal proceedings to the Competent Authority.

28. Movable, immovable and valuable property

(A). Every employee shall, on his/her first appointment to any post in the Authority submit a return of his/her assets and liabilities, in such form as may be prescribed by the Authority, giving full particulars regarding the following:

^6 THE GAZETTE OF INDIA . EXTRAORDINARY [PART III—SEC. 4]

(i). The immovable property inherited by him/her or owned or acquired by, or held by him/her on lease or mortgage, either in his/her own name or in the name of any member of his/her family or in the name of any other person.

(ii). Shares, debentures and cash including bank deposits inherited by him / her or similarly owned, acquired or held by him/her.

(iii). Other movable property inherited by him / her or similarly owned, acquired or held by him/her.

(iv). Debt and other liabilities incurred by him / her directly or indirectly.

Note-1: In all returns, the values of items of movable property worth less than Rs. 10,000 may be added and shown as a lump-sum. The value of articles of daily use such as clothes, utensils, crockery, books etc. need not be included in such return.

Note-2: Where an employee already holding a post is appointed to any other post in the Authority he/she shall not be required to submit a fresh return under this clause.

(B). (i). Every employee holding any Group 'A' or 'B' post shall submit an annual return in such form as may be prescribed by the authority in this regard giving full particulars regarding the immovable property inherited by him/her or owned or acquired by him / her or held by him/her on lease or mortgage either in his/her own name or in the name of any member of his/her family or in the name of any other person.

(ii). No employee shall except with the previous knowledge of the Competent Authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his/her own name or in the name of any member of his/her family,

provided that the previous sanction of the Competent Authority shall be obtained by the employee if any such transaction is with a person having official dealings with him/her.

(iii). Where an employee enters into a transaction in respect of movable property either in his/her own name or in the name of the member of his/her family, he/she shall, within one month from the date of such transaction, report the same to the Competent Authority, if the value of such property exceeds Rs. 15,000 in the case of an employee holding Group 'A' or 'B' post or 10,000 in the case of an employee holding any Group 'C & 'D' post,

provided that the previous sanction of the Competent Authority shall be obtained by an employee if any such transaction is with a person having official dealings with him/her.

(iv). The Competent Authority may, at any time, by general or special order, requiFe an employee to furnish, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him/her on his/her behalf or by any member of his/her family as may be specified in the order. Such statement shall if so required by the Competent Authority include the details of the means by which, or the source from which, such property was acquired.

Explanation -1

The expression "movable property" includes,

(a) jewellery, insurance policies, the annual premia of which exceeds Rs 10,000 or one sixth of the total annual emoluments received from the Authority, whichever is less, shares, securities and debentures, (b) all loans, whether secured or not, advanced or taken by the employee, (c) motor cars, motor cycles, horses or any other means of conveyance, and,

(d) refrigerators, radio, radiogram and television sets etc

Explanation -2

For the purpose of this Regulation "lease" means, except when it is obtained from, or granted to, a person having official dealings with the employee, a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.

29. Vindication of acts and character of the employee

(i). No employee shall, except with the previous sanction of the Competent Authority, have recourse to any court or to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of a defamatory character.

Provided that if no such sanction is received by the employee within a period of three months from the date of receipt of his/her request by the Competent Authority, he/she shall be free to assume that the permission as sought for has been granted to him/her.

(ii). Nothing in this regulation shall prohibit an employee from vindicating his/her private character or any act done by him/her in his/her private capacity and where any action for vindicating his/her private character or any act done by him/her in private capacity is taken, the employee shall submit a report to the Competent Authority regarding such action

30 Restriction regarding marriage

(i). No employee shall enter into, or contract, a marriage with a person having a spouse living.

T) IE 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| (ii). No employee having a spouse living, shall enter into, or contract, a marriage with any person.

Provided that the Competent Authority may permit the employee to enter into, or contract, any such marriage as is referred to in Clauses (i) and (ii), if it is satisfied that such a marriage is permissible under the personal law applicable to such an employee and the other party to the marriage.

(iii). An employee who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Competent Authority.

31. Consumption of intoxicating drinks and drugs

An employee shall -

(a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he/she may happen to be for the time being;

(b) not be under the influence of any intoxicating drinks or drugs during the course of his/her duty and shall also take due care that the performance of his/her duties at any time is not affected in any way by the influence of such drink or drug;

(d) not appear in a public place in a state of intoxication; and,

(e) not use any intoxicating drinks or drugs to excess.

Explanation -1

For the purpose of this Regulation "public place" means any place or premises (including clubs, even exclusively meant for a member when it is permissible for the member to invite non-members as guests, bars and restaurants, conveyance) to which the public have or are permitted to have access, whether on payment or otherwise.

Explanation-ll

The special provisions are:

(a). There need be no restriction on serving of liquor in the precincts of foreign embassies, foreign embassies may also be allowed to serve liquor in halls,/lounges of hotels and clubs provided such hall/lounges are exclusively reserved or taken on hire by them to entertain a select number of invitees.

(b). The exemption referred to in (a) above may also be extended to parties hosted by others in honour of foreigners, subject to the conditions that the number of invitees does not exceed 100 (one hundred), and those hosting such parties obtain permit from the Deputy commissioner/Collector/Distt. Magistrate concerned.

(c). Service of drinks to foreigners in bar or special rooms earmarked for the purpose in hotels and restaurants approved by the Ministry of Tourism and Civil Aviation may be permitted. In such approved hotels, there may not also be objection to the service of beer both to foreigners and Indians, but the facility of service of wine in dining rooms shall be restricted to foreigners only.

(d). Clubs may be permitted to be provided for service of drinks in their ba^ rooms only. Beer, however, may be permitted to be served anywhere within the precincts of such clubs.

(e). Alcoholic beverages may be permitted to be served in official parties hosted by the Authority in "closed lounges" in hotels, etc, where important foreign visitors are required to be entertained.

Note: An employee shall refrain from consuming intoxicating drinks even at official parties arranged by a Foreign Mission whether within the Mission premises or in hall/lounges exclusively reserved. The same position will obtain in respect of consumption of intoxicating drinks at parties arranged by the Authority when foreigners are entertained or at similar parties hosted by others.

32. Acts of misconduct

A breach of any of the provisions of these Regulations shall be deemed to constitute a misconduct punishable under the Tariff Authority for Major Ports (Classification, Control and Appeal) Regulations, 2001 as amended from time to time.

33. The Appointing Authority of an employee shall be the authority competent to dismiss or remove him/her from service.

34. Forms

The Authority may use the requisite Forms, Memorandae and Orders etc., available in the Central Civil Service (Conduct) Rules, 1964 as amended from time to time for the purpose of these Regulations subject to appropriate modification or replacement of expression.

35. 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.

36. 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 (Conduct) Rules, 1964 as amended from time to time applicable to its employees.

37. 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 of the Authority are hereby repealed.

40 THE GAZETTE OF INDIA EXTRAORDINARY [PART III—SEC 4]

Provided that any order made or action taken under the rules and regulations so repealed 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 Rules and Regulations shall be punishable as if it were a contravention of these Regulations.

S. SATHYAM, Chairman

[ AD VT-III/IV/143/2000/£xty. ] Printed by the Manager, Oovl. of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110034.