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 :

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.

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.

Definitions

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f ° " ° W i n 9

(i).

"Act" means the Major Port Trusts Act, 1963 (Act No. 38 of 1963).

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.

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.

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.

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[PART III—SEC. 4|

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.

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;

(c)

sexually coloured remarks;

(d)

showing any pornography; or

(e)

any other unwelcome physical, verbal or non-verbal conduct of

a sexual nature.

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,

(c)

he/she is instructed to do so by a superior officer in the

discharge of his/her duties.

(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;

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.

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.

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(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,

(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.

•

[

—

]

(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

(c)

participate in sports activities as an amateur, 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,

(c)

undertaking work involving liaison or contact with the office or

officers of the Authority or Government.

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.

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,

(c)

evidence given at any departmental enquiry ordered by the

Competent Authority.

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.

_ _

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;

(c)

rupees one thousand in the case of an employee holding any

Group 'C post; and,

(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.

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(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:

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

Restriction regarding marriage

(i).

No employee shall enter into, or contract, a marriage with a person

having a spouse living.

]

)

•

[

—

(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;

(c)

refrain from consuming any intoxicating drinks or drugs in a public

place;

(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.