In exercise of the powers conferred by Section 123 A read with Section 47H(2) of the Maior Port Trusts Act. 1963(Act No 38 of 1963)Thc Tariff Authority for Major Ports with the concurrence of the Central Government, hereby makes the following Regulations namely

REGD NO D L -33004/99 The Gazette of India

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 35] NEW DELHI, THURSDAY, FEBRUARY 15, 2001/MAGHA 26, 1922

465 GI/2001

(1)2 THE GAZETTE OF INDIA EXTRAORDINARY |PART III—SEC 4] 3 [PARTIII-^SEC.4] 4 THE GAZh'l'l'H OF INDIA: EXTRAORDINARY 5 ft_ THE GAZETTE OF INDIA: EXTRAORDINARY [PART in—SEC. 4] 7 8 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 4] 9 10 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SFC. 41 11 12 THE GAZETTE OF INDIA: EXTRAORDINARY [PART HI—SEC. 4] 13 14 ^ ^ _ _ _ __ THE OAZETTE OF INDIA-EXTRAORDINARY [PAR r III—SEC 4J 15

TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the l^th February 2001

Part F. No. A-27011/1/97- TAMP.— In exercise of the powers conferred by Section 123 A read with Section 47H(2) oflhcMaior Port Trusts Act. 1%1 (Act No 3 8 o n % 3) Ihc Tariff Authority for Major Ports with the concurrence of the Central Go\ ernment, hereby makes the follow 1 ng Regulations namely

1. Short title and Commencement

(i) These Regulations may be called the Tariff Authority for Major Ports (Travelling Allowance and Daily Allowance) Regulations, 2001

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

(lii) They shall apply to all employees in whole time employment of the Authority 2. Definitions

In these Regulations, unless the context otherwise requires, the following definitions shall apply

(i) "Act" means the Major Port Trusts Act, 1963 (38 of 1963)

(II) "Authority" means the Tariff Authority for Major Ports constituted under Section 47A of the Act

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

(iv) "Controlling Authority" means the Chairman or any other officer of the Authority authorised by him in this behalf

(v) "Dependent" means a family member whose income from all sources, including pension does not exceed Rs 1,500/- pm Children getting stiphened, scholarship, etc in excess of Rs 1,500/- p m are not considered as dependents (vi) "Employee" means an employee appointed in the office of the Authority against a post under the respective Service Regulations

(vn) "Family" means the spouse of an employee of the Authority residing with him/her and two surviving children or step children residing with and wholly dependent upon the employee, whose income from all sources does not exceed I f,

„ _ _ _„ T HE G A Z E T TE OF T 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] Rs. 1,500/- p.m. It includes parents, step mother, unmarried sisters, minor brothers and married daughters who have been divorced, abandoned and separated from their husbands, if residing with and wholly dependent upon the employee. Widowed sisters are also included, if residing with and wholly dependent upon the employee (provided their father is either not alive or is himself dependent on the employee).

Note-1: In the case of spouse, the necessary condition will be 'residing with', whereas for other members of the family both the conditions 'residing with' and 'wholly dependent' shall be met.

Note-2: The restriction of two surviving children as indicated above shall not apply in respect of existing children of an employee born up to 31-12-98 and a child born within one year of the restriction coming into force and also in case of multiple births after one child.

Note-3: Not more than one spouse is included in the expression 'family', (viii). "Government" means the Central Government.

(ix). "Headquarters" means the city or town in which the employee is posted for the time being

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

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

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

(xiii), "Temporary transfer" means transfer of an officer or employee from the headquarters, to any other place of duty for a period not exceeding 180 (one hundred and eighty) days.

(xiv). "Tour" means a journey undertaken by an employee at places other than his/her headquarters on official duty and includes the journey performed to undergo training or study sponsored by the Authority.

(xv). "Transfer" means transfer of an employee from one headquarter to another place for a period exceeding 180 (one hundred and eighty) days.

3. Accommodation and mileage Allowance entitlements for Journeys on

Tour/Transfer

An employee who is on tour or on temporary transfer under the orders of the Controlling Authority shall be entitled to claim hotel tariff, daily allowance and travelling allowance.

4. Hotel Tariff

(i). An employee (excluding a Group 'D' employee) of the status specified in17 table-l below shall be entitled to reimbursement of actual hotel tariff (including taxes, if any) equivalent to the tariff leviable in the hotel:

TABLE - I

S.No.

Entltlement of a single room in Hotel Pay range

1.

2,

3.

Rs.224007- and above

5-Star, ITDC or equivalent.

(1)-

Rs. 16400 and above but less than

(2).

4-Star, ITDC or equivalent.

Rs.22,400/-

Rs.8000 and above but less than

(3).

3-Star, ITDC or equivalent.

Rs. 16,400/-

Rs.6500/- and above but less than

(4).

2-Star, ITDC or equivalent.

Rs.8000/-

Rs.3200/- and above but less than

(5).

Ashok Yatri Niwas or equivalent.

Rs.6500/-

Rs.2550 and above but less than

(6).

Rs,150A per day to be paid in lieu of Rs.3200/-

hotel tariff.

(ii). An employee shall attach the original voucher from the hotel to his/her travelling allowance claim in support of the amount claimed but reimbursement of hotel tariff shall, in no case, exceed the entitlement specified in Regulation -4 (i). 5. Calculation of DA

(i) Daily allowance for the entire absence from headquarters i.e starting with departure from Headquarters and ending with arrival at Headquarters will be regulated as follows:

(a). Absence not exceeding 6 hours - Nil (b). Absence exceeding 6 hours but not

exceeding 12 hours

- 70%

(c). Absence exceeding 12 hours - 100%

(ii). The enforced halts en-route, due to breakdown of transport/ communication caused by flood, rain, etc., shall be treated as duty and, D A. shall be admissible at the prescribed rates.

(iii). The period of absence at the station of tour enforced by any natural calamity or communal disturbance or imposition of curfew, etc., shall be regularised by sanction of a special casual leave by the Controlling Authority and DA shall be admissible for such period of absence

(iv). No D.A is admissible for Sundays and Holidays unless the employee is actually and not merely constructively in campIS THE GAZhTI'H OF INDIA. EXTRAORDINARY [PART III—SET 4] (v). No D A. is admissible for leave and restricted holidays availed of while on tour.

(vi). Full D.A is admissible for the first 180 days of continuous halt at a station on tour/temporary transfer/training. No DA is admissible for a continuous halt at a station on tour or temporary transfer/training, beyond 180 days

(vii). Tour ends on return to headquarters. Tour to the same place again is treated as fresh one and D.A. shall be admissible at full rates.

6. Eligibility of Daily Allowance for free board and lodging, etc.

(i)- (ii). (iii). (iv).

Free board and lodging availed Free board alone Free lodging alone Stay in office building free of cost

25% D.A, 50% D.A. 75% D.A 75% D.A.

7. Entitlement of Daily Allowance

(i). An employee of the pay range specified in column (2) of the Table- Ii below, when on tour or temporary transfer shall be entitled to a Daily Allowance for the period of his/her absence from headquarters at the rates specified in the corresponding entry in column (3), of the Table

T A B L E - II

Pay Range

Rates of D.A.

payable per day

3

Rs. 16,400/- and above Rs.8000/- and above but less than Rs. 16,400/- Rs.6,500/- and above but less than Rs.8,000/- Rs.4,100/- and above but less than Rs.6,500/-. Below Rs.4,100/-

Rs 260/- Rs.230/- Rs.200/- Rs.170/- Rs.105/-

Note : For officers in the pay range of Rs.22,400/- and above, board and lodging charges as per actual plus Rs.100/- as incidental charges shall be admissible

(ii). When an employee is transferred, in addition to himself/herself, he/she shall be entitled to full D.A rates for adult members of family whereas for the dependent children below 12 years of age D A. at half the rates for adults shall be admissible.

8. Entitlement of Travelling Allowance

(i) An officer or employee shall 'be entitled to draw Travelling Allowance when on tour or on temporary transfer, if such transfer is not at the request of the employee.

(ii). The Travelling Allowance on tour is admissible from duty point/residence at headquarters to duty point at the distant station and vice versa. It comprises the following:

(a). Fare for journeys by rail/road/air/sea, etc. (b). Road mileage for road journey otherwise than by bus (c). D.A. for the entire period of absence from headquarters including journey period.

(iii). The categories of officers and employees and entitlement for journeys on tour by Air and Rail shall be determined in accordance with the scales indicated in Table - III below:

T A B L E - I II

Mode of Travel

Page Range

SI. No.

3.

2

1,

2. Rail

1 Air Air

.__„_

AC-First Class AC-2-Tier Sleeper

(1)-

(2)

(3)

(4).

—

First Class /AC-3 Tier Sleeper/ AC Chair Car First Class / AC-3 Tier Sleeper / AC Chair Car. Second Sleeper.

Rs.16,400/- and above Rs.8,000/- and above but less than Rs. 16,400/- Rs 6,500/- and above but less than Rs.8,000/* Rs.4,100/- and above but less than Rs.6,500/-. Below Rs.4,100/-

(5)

Note 1(a). Travel by Air within the country shall be permissible on tour in the case of officers in'receipt of Rs 16,400/- and above at their discretion, provided that officers drawing pay between Rs. 12,300/- and Rs. 16,400/- may also be permitted to travel by Air at their discretion if the distance involved is more than 500 km and the journey cannot be performed overnight by direct train service/direct slip coach service.

(b), In the case of international travel, officers of and above the level of Secretary to the Govt, of India and of equivalent status shall be entitled to travel by first class, officers of the level of Additional Secretaries and Joint Secretaries and of equivalent status by Business/Club Class and all other officers by Economy Class Note 2. All officers/employees who are entitled to travel on tour/transfer by First Class /II AC-MI Tier Sleeper/AC Chair Car may, at their discretion, travel by II AC2-Tier sleeper where any of the trains connecting the originating and destination stations concerned by the direct shorter route do not provide these classes of accommodation.

Note 3. Notwithstanding anything contained in Regulation 8(iii), the Chairman may, if satisfied that the journey by air is in the interest of the Authority, permit any officer or employee to travel by air or to travel by a higher class than he / she is entitled under Regulation 8(iii).

(iv). Entitlement for journey by Road:

The pay ranges for travel by public bus / auto-rickshaw / scooter/motor cycle, full taxi / own car shall be as indicated in the Table IV below:

TABLE IV

Pay range

Entitlement

3.

2. Rs.22,4007- and above

S.No.

1.

(D-

Actual fare by any type of public bus, including air conditioned bus:

Or At prescribed rate for AC/Ordinary taxi when the journey is actually performed by AC/Ordinary Taxi or by own car;

(2).

Rs. 16,400/- and above but less than Rs,22,400/-

(3). Rs.8,000/- and above but less than Rs. 16,400/-

(4).

Rs.6,500/- and above but less than Rs.8,000/- .

Or At prescribed rate for auto rickshaw for journey by auto rickshaw, own scooter/motor cycle, moped etc. Same as at (1) above with the exception that journey by AC Taxi will not be permissible Same as at (1) above with the exception that journey by AC Taxi will not be permissible. Same as at (3) above with the exception that journeys by air conditioned buses will not be allowed.

(5).

Rs.4,100/-and above but less than Rs.6,500/-

Actual fare by any type of public bus other than air conditioned bus;

Below Rs.4,100/-

Or At prescribed rates for auto rickshaw, own scooter/motor cycle/moped, etc Actual fare by ordinary public bus only (6).

Or At prescribed rates for auto rickshaw, own scooter / motor cycle / moped etc.

(v). The mileage allowance for road journeys shall be regulated at the following rates in places where no specific rates have been prescribed either by the Director of Transport of the concerned State or of the neighbouring States -

(a) for journeys performed in own car/taxi Rs.8.00 per km. (b) for journeys performed by auto

rickshaw / own scooter etc. Rs.4.00 per k m

(vi). Entitlement by Sea or by River Steamer

The general entitlements for journeys by Sea or by River Steamer21 shall be as indicated Table V below:

TABLE V

(vii). Entitlement for the travel between the main land and the Andaman & Nicobar Group of Islands and the Lakshadweep Group of Islands by the ships operated by the Shipping Corporation of India Limited shall be as given in Table - VI below:

TABLE VI

(viii). During any halt by an employee on tour or temporary transfer, he/she will be entitled to reimbursement of actual expenditure incurred on local conveyance subject to a maximum of Rs.500/- per day.

Note- For the purpose of this Regulation 'fare' includes reservation charges, charges for providing food, bed rolls or any other facility, sur- charge, tariff, if any included in the ticket, agency charges for booking and also includes cancellation charges if the journey is cancelled in the interest of the Authority.

9. Entitlement of T.A. when deputed for Training

Notwithstanding anything contained in the preceding Regulations, an employee is entitled to get the benefits when he/she is deputed to undergo a course of training in India as follows

(i). If the training exceeds 180 days, option to draw either T.A. as on transfer or T.A. as on tour plus D.A. for the first 180 days shall be Dermitted.

165'til/sira/ - '/22 THE GAZETTE OF INDIA: EXTRAORDINARY [PAIH i n —S I C. 4) (ii). If theoretical and practical training are imparted in two different stations, D.A. in the second station will commence afresh irrespective of whether D.A. was drawn for 180 days or less in the first station.

(iii). When an employee on training at a particular station is required to proceed on tour to another station he/she will be entitled to draw D.A. at full rates for stay in the touring station. However, any such period spent on tour shall be reckoned for computing 180 days of halt at the training station.

(iv). No T.A./D.A. is admissible for training at the headquarters irrespective of the distance between normal duty point and the training centre.

(v). An employee drawing D.A. during training will be entitled to draw H.R.A. and C C A. only at the rates admissible at his /her headquarters from where he / she has been deputed to training. When no D.A. is admissible beyond the 180 days, the H.R.A. and C C A. shall be admissible only at the rates applicable at his / her headquarters.

10. Entitlement of T.A. on Temporary Transfer

(i). In the case of a transfer exceeding 180 days, the journeys from headquarters to the station of deputation and back performed by an employee will be treated as on tour and D.A. shall be admissible for the first 180 days only.

(ii). Joining time is not admissible. Only actual transit time spent on tour is admissible.

(iii). No advance of pay is admissible.

(iv). If an employee/officer is initially transferred for a period exceeding 180 days and later on it is reduced to 180 days or less, the T.A. claim originally allowed shall not be changed to his/her disadvantage.

(v). If an employee/officer is initially transferred for a period of 180 days or less and later on it is extended beyond 180 days, the T.A. already drawn shall be adjusted in the T.A. claim but D.A. shall be admissible upto the date of issue of the revised order.

11. Entitlement of T.A. on Transfer

(i). When an employee is required to move from one headquarter station to another such station on account of either to take up a new post or change in his/her headquarter, he/she shall be entitled to draw TA on transfer.

(ii). T.A. is admissible only if the transfer is in the interest of the Authority and not in the case of one's own request.

(iii). When an employee is transferred from one station to another he/she shall be entitled to a composite transfer grant which includes lump sum transfer grant and packing allowance as follows:

(a). One month's basic pay for transfer to stations located at a distance of more than 20 kms.

(b). One third of one month's basic pay for transfer to stations located at a distance of less than 20 kms, within the same city / municipal jurisdiction, if a change of residence is actually involved.

Note - Packing allowance is granted at flat rates and forms part of the Composite Transfer Grant. The grant of this allowance is not related to the quantity of personal effects transported.

(iv). When an officer/employee transports his/her personal effects on transfer by rail, his/her entitlement for such shall be as follows:

Pay range

S.No.

Rs.16,400/- and above.

(1).

(2). Rs. 12,000/- and above but less than Rs. 16,400/-

(3), Rs.8,000/- and above but less than Rs.12,000/-

Entitlement Full four wheeler wagon or 6000 kg. by goods train, or one Double Container. Full four wheeler wagon, or 6000 kg.r by goods train, or one Single Container. Full four wheeler wagon, or 5000 kg. by goods train, or one Single Container. 3000 kg. by goods train.

(4).

Rs.6,500/- and above but less than Rs.8,000/-

(5).

Rs.4,100/- and above but less than Rs.6,500/- Below Rs.4,100/-

(6).

(v). When an employee transports his personal effects on transfer to a station connected by road, his/her entitlement for such transportation shall be as follows:

Pay range

S.No.

Rs. Per Km. 3.

2.

1.

Rs.30.00 Rs.15.00 Rs 7.60 Rs.600

Rs.8,000/- and above Rs.6,500/- and above but less than Rs.8,000/- Rs.4,100/- and above but less than Rs.6,500/- Below Rs.4,100/-

(1). _£2l. (3). (4).

(vi). When an employee transports his personal conveyance, his/her entitlement for such transportation shall be as follows:

Scale

Pay range

S.No.

3.

2.

1.

Rs.6,500/- and above

(1).

Below Rs.6,500/-

(2).

One motor car, or one motor cycle/scooter, or one horse. One motor cycle / scooter / moped or one bicycle.

(vii). The grade of an employee shall be determined with reference to the posts held by him/her on the date of transfer and the number of fares admissible shall be determined with reference to the actual date of journey.

(viii). No T.A. is admissible for any member added to the family after the date of transfer.

(ix). An employee shall be entitled for an additional fare by the entitled class for self for both onward and inward journeys, if he/she has to leave his/her family behind due to non-availability of Authority's accommodation at the new place of posting.

(x), An officer/employee whose family does not accompany him/her to the new station while joining on transfer when official accommodation is made available to him/her at the new station of posting, has an option to claim T.A. for himself/herself either for the first journey undertaken to join the new post or for the journey subsequently undertaken along with his/her family members.

12. Entitlement for Transfer Incidentals / Dearness Allowance

An employee and the members of his/her family shall not be entitled to transfer Incidentals / Dearness Allowance as well as the road mileage for journeys between the residence and the railway station / bus stand / air port at the departure and arrival as these shall be subsumed in the Composite Transfer Grant referred to in Regulation 11 (iii).

13 Entitlement for Travelling Allowance on Retirement

(i). An employee who retires from the service of the Authority or such employee if incapacitated to serve the Authority because of his/her physical or mental invalidity or such employee, if retrenched without being offered an alternative employment, shall be eligible to claim travelling allowance for himself/herself and the members of his/her family, actual cost of transportation and allowance not exceeding the amount admissible under these Regulations including the transportation of the conveyance owned by the employee.

(ii). The expenditure on transportation of conveyance by an employee on his/her retirement shall be reimbursed notwithstanding the fact that the personal conveyance was purchased by him/her in the Authority's interest at the last station of duty.

(iii). Retiring/retired employee shall be eligible to the Composite Transfer Grant (lump sum transfer grant and packing allowance), equal to a one month's basic pay last drawn if he/she settles down at a place other than the last station of his/her duty located at a distance exceeding 20 kms.

(iv). The transfer incidentals and road mileage for journeys between the residence and the railway station / bus stand, etc., at the old and new25 stations shall be subsumed in the Composite Transfer Grant and shall not be separately admissible.

(v). When a serving employee, on retirement, settles at the last station of duty itself or within a distance of less than 20 km, he / she shall be paid the Composite Transfer Grant equal to one third of the basic pay last drawn by him/her subject to the condition that change of residence is actually involved.

(vi). The entitlement under this Regulation shall be availed by an officer/employee within one year from the date of his/her retirement or retrenchment, as the case may be.

14. Entitlement of T.A. to the family of a deceased employee

When an employee having completed three years of continuous service with the Authority dies while in service, the member of his/her family shall be eligible for the reimbursement of the cost of travel from the headquarters of the deceased employee to his/her home town or to any other place of residence in India where the family wishes to settle down if such travel is undertaken by the members of the family within one year from the date of death of the employee.

15. T.A. not admissible on resignation, dismissal etc.

The entitlements to T.A. is admissible only to an employee who retires on retiring pension or on superannuation, invalid or compensatory pension. It is not admissible to those employees and their family members who -

(i) quit service of the Authority by resignation;

(ii) have been dismissed or removed from service;

(iii) were compulsorily retired from service as a measure of punishment;

(iv) die while on leave preparatory to retirement;

(v) are re-employed;' and,

(vi) have not rendered three years of continuous service.

16. Entitlement of T.A. for journeys performed during suspension

An employee under suspension shall be entitled to draw Travelling Allowance and Daily Allowance as on tour at full rates if he/she is required to perform journeys in connection with attendance in a departmental enquiry held at a place away from the headquarters or place in which the employee under suspension has been permitted to reside.

17. Submission of claim

All claims under these Regulations shall be preferred by an employee within 3 months of the completion of the tour.

18. Payment of advance

(i). An employee shall be entitled to draw eighty percent of the cost of Travelling Allowance and Daily Allowance before commencement of the journey under these Regulations.

(ii). Where an employee has been granted an advance under Regulation 18 (i), he/she shall submit his/her claim along with all connected papers within one monthof completion of journey. If he/she fails to do so, the competent authority may order deduction of the amount in one lump-sum from his/her salary for the following month.

19. Reimbursement of Conveyance charges.

(i). An employee who is required to undertake local journey in the int.ere.st of the Authority in the headquarters or in the temporary duty station, may be reimbursed the actual expenditure of conveyance charges, incurred by him/her on hiring conveyance. The entitlement for hiring of conveyance shall be as follows :

(a). Group 'A' employees - Taxi charges for to and fro journey

Group 'B' employees

(b).

- Scooter (three wheeler auto) charges for to & fro journey.

Group 'C employees

(c).

— Scooter (three wheeler auto) charges for one side and bus fare for one side.

- Bus fare for to and fro journey.

Group 'D' employees

(d).

(ii). The Controlling Authority may, in lieu of grant of conveyance allowance under Regulation 19 (i), grant to an employee whose duty requires extensive travel at the headquarters or temporary duty station, a lump-sum allowance at such rates as may be specified by the Controlling Authority.

20. The Controlling Authority may impose such restrictions, as it may deem fit upon the frequency and duration of journeys to be made on tour by an employee.

21. When an employee is absent from his/her duty while on tour with or without proper sanction, the decision of the Controlling Authority on treatment of such absence shall be final and binding.

22. Power to relax

Save as otherwise provided in these Regulations, where the Authority is satisfied that the operation of any of these Regulations causes undue hardship in any particular case, may by order, for reasons to be recorded in writing, dispense with or relax the requirement of that Regulation to such an extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner27

23. Interpretation

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

24. Delegation of Powers.

The Chairman may, by general or special order, direct that any power exercisable by him shall, subject to such conditions, if any, as may be specified in the order, be exercisable also by such officer of the Authority as may be specified in the order.

25. Residual matters

Matters with respect to which no specific provision has been made under these Regulations, shall be regulated under corresponding provisions of the Government Rules and Regulations applicable to its officers and employees.

26. Repeal and Saving

Any Rule and Regulation corresponding to these Regulations in force immediately before the commencement of these Regulations and applicable to the officers/employees are hereby repealed;

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 Regulations so repealed and contravention of any of the said Regulations shall be punishable as if it were a contravention of these Regulations.

S. SATHYAM, Chairman

LADVT-III/rV/143/2000/Exly.] Printed by the Manager, Govt. "r India Press, Ring Rond, Mayapuri, New Delhi-] 10064 and Published by ihe Controller of Publications, Delhi-110054.