In exercise of the powers conferred by Section 12.A read with Section 47H (2) of the Major Port Trusts Act, 1963 (Act No. 38 of 1963), the Tariff Authority Tor Major Ports ivilh 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. 49] NEW DELHI, WEDNESDAY, FEBRUARY 28, 2001/PHALGUNA 9, 1922 610 GI/2001

(1)2 THE GAZETTE OF INDIA EXTRAORDINARY (PART III—SEC 41 3 4 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTIII—SEC. 41 5 6 THE GAZETTE OF INDIA; EXTRAORDINARY [PART III—SEC. 41 7 8 THE GAZETTE OF INDIA: EXTRAORDINARY [PART HI—SEC. 41 9 610GI/2001—210 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 4] 11 12 THE GAZETTE OF INDIA: EXTRAORDINARY I PART IU—SEC. 41 13 14 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 4] 15 16 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 4] 17 610G1/2001—318 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 4] 19 20 THE GAZETTE OF INDIA: EXTRAORDINARY IPART III—SEC. 4] 21 22 THE GAZETTE OF INDIA: EXTRAORDINARY PART III—SKC. 4] 23 24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART IE—SEC. 4] 25 26 THE GAZETTE OF INDIA: EXTRAORDINARY PART in—SEC. 41 27 28 THE GAZETTE OF INDIA: EXTRAORDINARY PART III—SEC. 41 29 [ P A R T I I I ^ S E C JI 30 THE GAZETTE OF INDIA: EXTRAORDINARY 3 1 3 2

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] ^ 610GI/2001^534 T HE G A Z E T TE OF I N D I A: E X T R A O R D I N A RY I P V KI I f f- Si •> 41 35 36 THE GAZETTE OF INDIA: EXTRAORDINARY [PAKT III—SEC. 4j 37 38 THE GAZETTE OF INDIA. FXTRAORDINARY [PAHTM - S ir 4!

TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the 28th February, 2001

F.No. A-24011/1/98/TAMP.—In exercise of the powers conferred by Section 12.'A read with Section 47H (2) of the Major Port Trusts Act, 1963 (Act No. 38 of 1963), the Tariff Authority Tor Major Ports ivilh the concurrence of the Central Government, hereby makes the following Regulations namely:

1 Short Title and commencement

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

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

(iii). They shall apply to all employees appointed in the office of the Authority in terms of its Service Regulations except to the following • (a). Chairman and a Member (including a part-time Member) of the Authority.

(b). Persons in casual or daily rated or part time employment, (c). Persons paid from contigencies.

(d). Persons employed on contract except when the contract provides otherwise.

2. Definitions

(i). In these Regulations, unless the context otherwise requires, the following definitions shall apply:

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

(b) "Authority" means the Tariff Authority for Ma|or Ports constituted under Section 47 A of the Act.

(c). "Authorised Medical Authority" means a Registered medical practitioner possessing the qualifications included in one of the Schedule to the Indian Medical Council Act, 1956 (102 of 1956) in so far as Group 'D' posts are concerned, a doctor possessing qualifications of a civil surgeon for group 'C and 'B' posts and a doctor possessing qualifications of a specialist or a physician or a surgeon for group 'A' posts.

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

(e). "Complete Years of service or one year's of continuous service" means continuous service of specified duration under the Authority and includes the period spent on duty as well as on leave including extraordinary leave.

(f). "Competent Authority" means the Chairman or any other person authorised by him to exercise the powers under these Regulations.

(g). "Date of retirement or date of his/her retirement" means the afternoon of the last day of the month in which an employee attains the age prescribed for retirement from service under the terms and conditions governing his/her service.

(h), "Employee" means any person appointed in the office of the Authority against a post under the respective service Regulations.

(i). "Foreign Service" means service for which an employee receives, with the approval of the Competent Authority, his pay from any source other than the Fund of the Authority.

(j). "Form" means a Form attached to these Regulations,

(k). "Government" means the Central Government.

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

(m). "Permanent Employee" means an employee who holds a substantive post or provisionally a substantive post or who40 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 4] holds a lien on a permanent post or who would have held a lien on a permanent post had the lien not been suspended.

(ii). Words and expressions used herein and not defined shall have the same meaning as assigned to them in the Fundamental Rules and Supplementary Rules of the Central Government.

3. Competent Authority to grant leave

The Chairman or any other officer authorised by him shall be the Competent Authority to grant any kind of leave.

4. Right to leave

(i). Leave cannot be claimed as a right.

(ii). The right to ask for a particular kind of leave rests with the employee. An employee may be granted half-pay leave if he so requests even when earned leave is due to him/her.

(iii). Leave shall not ordinarily be denied to any employee, especially in the last ten years of his/her career.

(iv). When the exigencies of work so require, the discretion to refuse or revoke any kind of leave will rest with the authority empowered to grant it. But it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the employee.

(v). The Authority shall take care to encourage its employees to take leave regularly in a phased manner to be decided by the Competent Authority without dislocating its work so that an employee after availing leave returns to work keen and refreshed

⁵ F' -e °n temporary transfer or on foreign service

employee to whom these Regulations apply shall continue to be •ned by these Regulations while on temporary transfer to tr~'/State Govt. Deptts. or other organisations or while on foreign "A "3 within India.

- the case of an employee on foreign service outside India (including service with UN agencies within or outside India) or on temporary transfer to the Armed Forces of the Union, these Regulations shall apply only to the extent provided in the terms and conditions of foreign service or temporary transfer, as the case mav ' be.

6. Regulation of claim to leave

The claim of an employee to leave shall be regulated by the Regulations in force at the time the leave is applied for and granted.

7. Maximum amount of continuous leave

Unless the Competent Authority in view of exceptional circumstances of a case otherwise determines, no employee shall be granted leave of any kind, except on medical grounds, for a continuous period exceeding six months. At the discretion of the Chairman subject to the provisions of these Regulations, leave of any kind can be granted for the period not exceeding 5 (five) years.

8. Leave not to be granted in certain circumstances

(i). Leave shall not be granted to an employee whom the Disciplinary Authority has decided to dismiss, remove or compulsorily retire from service.

(ii). Leave shall not be granted to an employee under suspension.

9. Commencement and termination of leave

Leave ordinarily begins on the day on which the transfer of charge is effected and ends on the day preceding that on which the charge is resumed.

10. Effect of dismissal, removal or resignation on leave at credit

(i). Any claim to leave at the credit of an employee, who is dismissed or removed or compulsorily retired or who resigns from the services of the Authority, shall cease from the date of such dismissal or removal or compulsory retirement or resignation.

(ii). Where an employee applies for another post outside the Authority and if such application is forwarded through proper channel and the applicant is required to resign his/her post before taking up the new post, such resignation shall not result in lapse of the claim to leave at credit.

(iii). An employee, who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to revival of leave at his/her credit prior to dismissal or removal, as the case may be.

(iv). An employee, who having retired on compensation or invalid pension or gratuity, is re-employed and allowed to count his/her past-service for pension, shall be entitled to revival of leave at his/her credit at the end of the previous service.

610GI/2001—642 THE GAZETTE OF INDIA: EXTRAORDINARY [PART in—SEC. 4]

11. Transfer to foreign service

If an employee is transferred to foreign service while on leave, he/she ceases, from the date of such transfer, to be on leave and to draw leave salary.

12. Leave to a probationer

(i). (a). A probationer shall be entitled to leave if he / she held his/her post substantively otherwise than on probation.

(b). If, for any reason, it is decided to terminate the services of a probationer, any leave which may be granted to him / her shall not extend beyond the date on which the probationary period as already sanctioned or extended expires, or in case it is decided by the Authority competent to appoint him/her, to terminate his/her services from an earlier date, beyond such earlier date.

(ii). A person appointed to a post on probation shall be entitled to leave under these Regulations as a temporary or a permanent employee according as his/her appointment is against a temporary or a permanent post;

provided that where such a person already holds a lien on a permanent post before such appointment, he / she shall be entitled to leave as a permanent employee.

13. Person re-employed after retirement

In the case of an employee re-employed after retirement, the provisions of these Regulations shall apply as if he / she has entered the service as an employee for the first time on the date of his/her re-employment and he/she is entitled to leave admissible to a temporary employee.

14. Leave to an employee who is unlikely to be fit to return to duty

(A), (i). When the medical authority has reported that there is no reasonable prospect that an employee will ever be fit to return to duty, leave shall not be refused to such employee.

(ii). Leave may be granted, if due, by the Competent Authority on the following conditions:

(a). If the medical authority is unable to say with certainty that the employee will never again be fit for service, leave not exceeding twelve months in all may be granted and such leave shall not be extended without further reference to the medical authority.

(b). If an employee is declared by the medical authority to be completely and permanently incapacitated for further service, leave or an extension of leave may be granted to him/her after the report of the medical authority has been received, provided the amount of leave as debited to the leave account together with any period of duty beyond the date of the report of the medical authority does not exceed ten months.

(B). In the event of an employee being declared by the medical authority to be completely and permanently incapacitated for further service, action as shall be taken as under:

(i). If he/she is on duty, be invalidated from service from the date of relief of his/her duties, which shall be arranged without delay on receipt of the report of the medical authority; if however, he/she is granted leave under Regulation 14 A (i) he / she shall be invalidated from service on the expiry of such leave.

(ii). If the employee is already on leave, he/she shall be invalidated from service on expiry of that leave or extension of leave, if any, granted to him/her under Regulation 14 A(i).

Combination of holidays with leave

(i). When the day immediately preceding the day on which an employee's leave (other than leave on medical certificate) begins or immediately following the day on which his/her leave expires, is a holiday or one of series of holidays, an employee shall be deemed to have been permitted (except in cases where for administrative reasons permission for prefixing/suffixing holidays to leave is specifically withheld) to leave rTis/her station at the close of the day before, or return to it on the day following such holiday or series of holidays, provided that-

(a) his / her transfer or assumption of charge does not involve the handing or taking over of securities or moneys other than a permanent advance ;

(b) his / her early departure does not entail a correspondingly early transfer from another station of an employee to perform his/her duties; and,

(c) the day of his/her return does not involve a corresponding delay in the transfer to another station of an employee who was performing his/her duties during his/her absence or in the discharge of a person temporarily appointed to perform the duties of the post.

(ii). In the case of leave on medial certificate-44 THE GAZETTE OF INDIA: EXTRAORDINARY | PART III—Sit 41 (a) when an employee is certified medically unwell to attend office, holiday(s), if any, immediately preceding the day he/she is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any, immediately succeeding the day he/she is so certified (including that day) shall be treated as part of the leave; and,

(b) when an employee is certified medically fit for joining duty, holiday(s), if any, succeeding the day he/she is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any, preceding the day he / she is so certified shall be treated as part of the leave.

(iii). On condition that departing employee remains responsible for the moneys in his / her charge, the Chairman may, in any particular case, waive the application of Regulation 15(ii)(a).

(iv). Unless the authority competent to grant leave in any case otherwise directs-

(a) if holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the day after the holidays; and ,

(b) if holidays are suffixed to leave, the leave is treated as having terminated and any consequent re-arrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.

(v). (a). A compensatory leave granted to an employee in lieu of duty performed by him/her on Sunday or a holiday for a full day may be treated as a holiday and allowed to be pre-fixed or suffixed to regular leave or casual leave.

(b). Restricted holidays are akin to other closed holidays and as such restricted holiday may also be allowed to be prefixed or suffixed to regular leave or casual leave.

16. Recall to duty before expiry of leave

In case an employee is recalled to duty before expiry of his/her leave, such recall to duty shall be treated as compulsory in all cases and an employee shall be entitled-

(i) to be treated as on duty If the leave from which he/she is recalled is in India from the date on which he/she starts for the station to which he/she is ordered ;

(ii) to draw travelling allowance under the Regulations made in this behalf for the journey and leave salary, until he/she joins his / her45 post, at the same rate at which he/she would have drawn it but for recall to duty ; and,

(iii) to count the time spent on the voyage to India if the leave from which he/she is recalled is out of India, as duty for purposes of calculating leave, and to receive-

(a) leave salary, during the voyage to India and for the period from the date of landing in India to the date of joining his/her post, at the same rate at which he/she would have drawn it but for recall to duty;

(b) a free passage to India;

(c) refund of his / her passage from India if he / she has not completed half the period of his / her leave by the date of leaving for India on recall or three months whichever is shorter; and,

(d) travelling allowance, under these Regulations for the time being in force, for travel from the place of lending in India to the place of duty.

17 Return from leave

(i). An employee on leave shall not return to duty before the expiry of the period of leave granted to him / her unless he/she is permitted to do so by the authority which granted him/her leave.

(ii). An employee on leave preparatory to retirement shall be precluded from returning to duty, save with the consent of the Chairman.

(iii). An employee who has taken leave on medical ground shall not return to duty until he/she has produced a medical certificate of fitness from the Authorised Medical Authority as defined in Regulation 2 (c).

(iv). An employee returning from leave is not entitled, in the absence of specific orders to that effect, to resume as the duties of the post which he / she held before going on leave.

18. Absence after expiry of leave

(i). Unless the authority competent to grant leave extends the leave, an employee who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his/her leave account as though it were half pay leave, to the extent such a leave is due, the period in excess of such leave due being treated as extraordinary leave,46 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC.41 (ii). Wilful absence from duty after expiry of the leave renders an employee liable to disciplinary action.

(iii). The period of absence not covered by grant of leave shall be treated as "dies non" for all purposes viz. increment, leave and pension unless the pension sanctioning authority condones it to treat the period as leave without allowances.

(iv). Period of overstay on leave shall not count for increment.

19. Earned Leave

(i). Earned leave account of every employee shall be credited with earned leave, in advance, in two instalments of 15 days each on the first day of January and July of every calendar year.

(ii). The maximum ceiling limit for accumulation of earned leave shall be 300 (three hundred) days.

(iii). The earned leave at the credit of an employee at the close of the previous half-year shall be carried forward to the next half-year, subject to the condition that leave so carried forward plus the credit for the half-year do not exceed the maximum limit of 300 days.

(iv). If an employee is on leave on the last day of any particular half of a calendar year, he/she shall be entitled to earned leave credited on the first of succeeding half-year provided the authority competent to grant leave has reason to believe that the employee will return to duty on its expiry,

(v). A period spent by an employee in foreign service shall count as duty for purposes of this Regulation, if the contribution towards, leave salary is paid in respect of the unavailed leave earned during foreign service.

(vi). A maximum of 240 days' earned leave may be granted to an employee in India. In the case of a Group 'A' & 'B' employee, earned leave may be granted not exceeding 300 days if the entire leave so granted or any portion thereof is spent outside India, Bangladesh, Bhutan, Myanmar, Sri Lanka, Nepal and Pakistan;

provided that where earned leave for a period exceeding 240 days, is granted under this Regulation, the period of such leave spent in India shall not in the aggregate exceed the aforesaid limit.

20. Calculation of Earned Leave

(i). Earned Leave shall be credited to the leave account of an employee at the rate of 2/4 days for each completed calendar month of service47 which he/she is likely to render in a half-year of the calendar year in which he/she is appointed.

(ii). (a). The credit for the half-year in which an employee is due to retire or resign from the service shall be afforded only at the rate of 2% days per completed calendar month up to the date of retirement or resignation.

(b). When an employee is removed or dismissed from service or dies while in service, credit of earned leave shall be allowed at the rate of 2¹/2 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he/she is removed or dismissed from service or dies in service.

(iii). In case an employee has availed of extraordinary leave and/or some period of absence has been treated as 'dies-non' in a half year, the credit to be afforded to his/her leave account at the commencement of the next half-year shall be reduced by 1/1 Oth of the period of such leave and/or 'dies non' subject to maximum of 15 days,

(iv). While affording credit of earned leave, fractions of a day shall be rounded off to the nearest day.

Half Pay Leave

(i). The half pay leave account of every employee shall be credited with half pay leave in advance, in two instalments of ten days each on the 1st day of January and July of every calendar year.

(ii). (a). The leave shall be credited to the said leave account at the rate of 5/3 days of each completed calendar month of service which he/she is likely to render in the half-year of the calendar year in which he/she is appointed.

(b). The credit for the half year in which an employee is due to retire or resign from the service shall be allowed at the rate of 5/3 days per completed calendar month up to the date of retirement or resignation.

(c). Where an employee is removed or dismissed from service or dies while in service, credit of half-pay leave shall be allowed at the rate of 5/3 days for per completed calendar month preceding the calendar month in which he/she is removed or dismissed from service or dies in service.

(d). Where the period of absence or suspension of an employee has been treated as 'dies non' in a half-year, the credit to be afforded to his / her half-pay leave account at the commencement of next half-year, shall be reduced by one-48 THE GAZETTE OF INDIA; EXTRAORDINARY [Run III—SEC. 4] eighteenth of the period of 'dies non' subject to a maximum of ten days. While affording credit of half-pay leave, fraction of a day shall be rounded off to the next day.

(iii). The leave under this Regulation may be granted on medical certificate or on private affairs;

provided that in the case of an employee not in permanent employment, no half-pay leave shall be granted unless the authority competent to grant leave has reasons to believe that the employee will return to duty on its expiry except in the case of an employee who has been declared completely and permanently incapacitated for further service by the medical authority.

22. Commuted Leave

(i). Half the amount of the half pay leave due may be granted as commuted leave, on medical certificate to an employee subject to the condition that the authority competent to grant leave is satisfied, that there is reasonable prospect of the employee returning to duty on its expiry.

(ii). When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due.

(iii). Half pay leave up to a maximum of 180 days may be allowed to be commuted during the entire service without production of medical certificate where such leave is utilized for an approved course of study certified to be in the Authority's interest by the leave sanctioning authority.

(iv). Where an employee who has been granted commuted leave resigns from service or at his/her request permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the difference between the leave salary in respect of commuted leave and half-pay leave shall be recovered; provided that no such recovery shall be made if the retirement is by the reason of ill health incapacitating the employee for further service or in the event of his/her death.

(v). Commuted leave may be granted at the request of the employee even when earned leave is due to him/her.

(vi). Commuted leave up to a maximum of 60 days may be allowed without production medical certificate in continuation of maternity leave.

(vii). Commuted leave up to 60 days together with any other leave due including leave not due may be granted, without production of -W medical certificate, to an adoptive mother subject to the condition t h a t-

(a) the facility will not be available to an adoptive mother already having two living children at the time of adoption; and, (b) the maximum period of leave that can be granted shall be one year or till such time the child is one year old, whichever is earlier.

(viii). Commuted leave to Group 'A' & 'B' employees can only be granted on production of medical / fitness certificate from an Authorised Medical Authority.

Note Medical certificate issued by AIIMS, New Delhi, PGIM, Chandigarh and JIPMER, Pondicherry shall be acceptable.

23. Leave not due

(i). Leave not due may be granted, except in the case of leave preparatory to retirement, to a permanent employee, limited to a maximum of 360 days during the entire service on medical certificate subject to the following conditions:

(a). The authority competent to grant leave is satisfied that there is reasonable prospect of the employee returning to duty on its expiry.

(b). The leave shall be limited to the half-pay leave that he/she is likely to earn thereafter.

(c). The leave shall be debited against the half pay leave to be earned subsequently.

(ii). Leave not due may also be granted to such temporary employees as are suffering from TB, Leprosy, Cancer or Mental illness, for a period not exceeding 360 days during entire service, subject to fulfilment of conditions mentioned in Regulation 23 (1) (a) to (c) and subject to the following further conditions:

(a). That the employee has put in a minimum of one year service.

(b). That the post from which the employee proceeds on leave is likely to last till his/her return to duty.

(c). That the request for grant of such leave is supported by a medical certificate.

(iii). (a), Where an employee who is granted leave not due resigns from service or at his / her own request is permitted to retire 610 Gl'2001—750 THE GAZETTE OF INDIA. EXTTMORDINARY P \RT III—SEC: 41 voluntarily without returning to duty, the leave not due shall be cancelled and his/her resignation or retirement shall take effect from the date on which such leave had commenced, and the leave salary shall be recovered.

(b). Where an employee who after availing leave not due returns to duty but resigns or retires from service before earning such leave, he/she shall be liable to refund the leave salary to the extent the leave has not been earned subsequently;

provided that no leave salary shall be recovered under clause (a) & (b) above if the retirement is by reasons of ill-health incapacitating the employee for further service or in the event of his/her death; and,

provided further that no leave salary shall be recovered under clause (a) & (b) above if the employee is compulsorily retired prematurely,

(iv). If an employee is suffering from Tuberculosis, the appropriate Medical Authority for recommending leave will be as follows:

(a). An Authorized Medical Attendant.

(b). The Medical officer in charge of a recognized sanatorium.

(c). A Tuberculosis Specialist recognized as such by the State Administrative Medical Officer (SAMO) concerned.

(d). A qualified Tuberculosis Specialist or a Civil Surgeon.

(v). If an employee is suffering from Leprosy, the appropriate Medical Authority for recommending leave will be as follows;

(a) An Authorized Medical Attendant.

(b). The Medical officer in charge of a recognized leprosy institution.

(c) A leprosy Specialist recognized as such by the State Administrative Medical Officer concerned.

(vi). Production of a Medical Certificate shall not be necessary for grant of leave not due in continuation of maternity leave up to a maximum period of one year.

(vii). Leave not due can be granted without medical certificate to an adoptive mother up to a maximum period of one year.

24. Extraordinary Leave

(A) An employee shall be eligible for extraordinary leave when no other leave is admissible and when other leave is admissible but he/she applies in writing only for it.

(B) No temporary employee shall at any time be granted extraordinary leave in excess of the limits prescribed below unless the Chairman is satisfied with the special circumstances of the case;

(i). Three months. (ii). Six months, where an employee has completed one year's continuous service on the date of expiry of leave of the kind due and admissible under these Regulations including three months' extraordinary leave under clause (i) above subject to production of a medical certificate.

(iii). Eighteen months in case of an employee who has completed one year's continuous service and who is undergoing treatment for-

(a) pulmonary tuberculosis or pleuresy of tubercular origin,

in a recognised sanatorium;

(b) tuberculosis of any other part of the body under a qualified tuberculosis specialist or a Civil Surgeon or Staff Surgeon;

(c) leprosy in a recognised leprosy institution under a Civil Surgeon or Staff Surgeon or a specialist recognized as such by the State Administrative Medical Officer concerned; and,

(d). cancer or mental disease in a hospital recognised for

such treatment.

(iv). Twenty four months, when the leave is required for the purpose of prosecuting studies certified to be in the interest of the Authority, provided the employee concerned has completed three year's continuous service on the date of expiry of leave of the kind clue and admissible under these Regulations including three months' extraordinary leave under Regulation 24 (B) (i).

(C). An employee who is granted extraordinary leave in relaxation of the provision contained in Regulation 24 (B) (iv) shall be required to execute a bond/undertaking to refund to the Authority the actual amount of expenditure incurred by it during'such leave plus that incurred by any other agency with interest thereon in the event of his/her not returning to duty on the expiry of such leave or quitting the service before a period of three years, after return to duty. The52 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 41 bond shall be supported by sureties from two permanent employees of the Government or of the Authority having a status comparable to or higher than that of the employee concerned.

(D). An employee belonging to a Scheduled Caste or a Scheduled Tribe may, for the purpose of attending the Pre-Examination Training Course at the Centres, notified by the Govt. from time to time, be granted extraordinary leave by the Chairman in relaxation of the provision of Regulation 24 (B).

(E). Two spells of extraordinary leave, intervened by any other kind of leave, shall be treated as one continuous spell of extraordinary leave for the purpose of Regulation 24 (B).

(F). The authority competent to grant leave may commute retrospectively periods of absence without leave into extraordinary leave.

(G). Extraordinary leave of any kind cannot be termed as leave outstanding at the credit of an employee and it cannot run concurrently with the period of notice given by him/her for seeking voluntary retirement.

25. Maternity Leave

(i). A female employee with less than two surviving children may be granted maternity leave by the authority competent to grant leave for a period of 90 days from the date of its commencement.

(ii). A female employee during the maternity leave shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(iii). Maternity leave not exceeding 45 days may be granted to a married female employee irrespective of the number of surviving children during her entire service period in case of miscarriage including abortion on production of a medical certificate as laid down in Regulation 22.

(iv). (a). Maternity leave may be combined with leave of any other kind.

(b). Notwithstanding the requirement of production of medical certificate contained in Regulations 17, 22 and 23, leave of the kind due and admissible including commuted leave for a period not exceeding 60 days and leave not due, uplo a maximum of one year may, if applied for, be granted in continuation of maternity leave granted under Regulation 25(i).

(v). Maternity leave shall not be debited against the leave account.

"n 26 Leave to a female employee on adoption of a child

A married female employee on adoption of a child, may be granted leave of any kind due and admissible, (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period upto one year or until attainment of age of one year by the child, whichever is earlier However, this facility will not be admissible in case she is already having two surviving children at the time of adoption.

27 Special disability leave for injury intentionally inflicted

(i). The Competent Authority may grant special disability leave to an employee (whether permanent or temporary) not exceeding 24 months, who is disabled by injury intentionally inflicted or caused in or in consequence of his/her official duties.

(ii). Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude in bringing it to the notice provided that the competent authority, if it is satisfied as to the cause of the disability permit leave to be granted even when the disability manifested itself more than three months after the occurrence of its cause.

(iii). The period of leave granted shall be such as is certified by a Authorised Medical Authority.

(iv). Special disability leave may be combined with leave of any other kind

(v). Special disability leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at later stage, but not more than 24 months of such leave shall be granted in consequence of any one disability.

(vi). Special disability leave shall be counted as duty in calculating service for pension and shall not, except the leave granted under the provisions of Regulation 27 (vii) (b) be debited against the leave account.

(vii). Leave salary during such leave shall be regulated as follows:

(a). For the first 120 days of such leave, including a period of leave granted under Regulation 27 (v) equal to the leave salary available for period of earned leave.

(b). For the remaining period of any such leave, equal to the leave salary payable during half pay leave,

provided that an employee may, at his / her option, be54 'THE GAZETTE OF INDIA: FATRA0RD1NARY [PAJU III-—Si,<\ 4] allowed leave salary as contained in Regulation 27 (vii) (a) for a period not exceeding another 120 days, and the balance period if any, shall be debited to his / her half pay leave account.

28 Disability leave for accidental injury

(i). The provisions of Regulation 27 of these Regulations shall apply also to an employee, whether permanent or temporary who is disabled by injury accidentally caused, or in consequence of a due performance of his/her official duties or in consequence of his/her official position or by illness incurred in the performance of any particular duty, which has the effect of increasing his/her liability to illness or injury beyond the ordinary risk attaching to the post which he/she holds.

(ii). The grant of special disability leave in such case shall be subject to the following additional conditions:

(a). The disability if due to disease, must be certified by an Authorised Medical Authority to be directly due to the performance of the particular duty,

(b). The period of absence recommended by an Authorised Medical Authority may be covered in part, by leave under this Regulation and part in by any other kind of leave; but, the amount of special disability leave granted on leave salary equal to that admissible on earned leave shall not exceed 120 days.

29. Leave preparatory to retirement

(i). An employee may be permitted by the authority competent to grant leave to take leave preparatory to retirement to the extent of earned leave due, not exceeding 300 days together with half-pay leave due subject to the condition that such leave extends up to and includes the date of retirement.

(ii). The leave granted as leave preparatory to retirement shall not include extraordinary leave.

(iii). (a). If an employee who is on foreign service in or under any Govt. Deptt. or a local authority applies for leave preparatory to retirement, the decision to grant or refuse such a leave shall be taken by the foreign employer with the concurrence of the Authority.

(b). An employee on foreign service shall also be allowed to encash earned leave at his/her credit on the date of retirement in the manner provided in Regulation 30.

fiv). When an employee is on foreign service in or under a local body other than the one mentioned in Regulation 29(iii) (a) !.-

provided that where an employee continues in service under such foreign employer, he/she shall not be eligible for grant of cash payment in lieu of leave under Regulation 30.

30 Leave/Cash payment in lieu of leave beyond the date of retirement, compulsory retirement or quitting of service

(i). No leave shall be granted to an employee beyond the limits specified below:

(a). The date of his/her retirement.

(b). The date of his/her final cessation of duties.

(c). The date on which he/she retires by giving notice to the Authority or he/she is retired by the Authority by giving him/her notice or pay and allowances in lieu of such notice, in accordance with the terms and conditions of his/her service (d). The date of his / her resignation from service.

(ii) (a) Where an employee retires on attaining the normal age prescribed for retirement under the terms and conditions governing his / her service, the authority competent to grant leave shall suo motu issue an order granting cash equivalent of leave salary for earned leave, if any, at his/her credit on the date of retirement, subject to a maximum of 300 (three hundred) days.

(b). The cash equivalent under clause (a) above shall be calculated as follows and shall be payable in one lump-sum as a one-time settlement. No House Rent Allowance or City Compensatory Allowance shall be payable -

Cash equivalent = Pay admissible on the X Number of days of

date of retirement plus unutilized leave at credit D.A. admissible on on 'he r-aia of retirement that day subject to the limit of 300

days _ __

30 ~~

(iii). The authority competent to grant leave may withhold the whole or a part of cash equivalent of earned leave in the case of an employee who retires from service on attaining the age of superannuation56 THE GAZETTE OF INDIA: EXTRAORDINARY IP ART 111—Sue 41 while under suspension or while disciplinary or criminal proceedings are pending against him/her, if in the view of such authority there is a possibility of some money becoming recoverable from him/her on conclusion of the proceedings. He / she will become eligible to the amount so withheld after adjustment of Authority's dues, if any.

(iv). Where the service of an employee is extended in the interest of the Authority beyond the date of his/her retirement, any earned leave due in respect of the extended period plus the earned leave which was at his/her credit on the date of his/her retirement subject to a maximum of 300 days may be granted

(v). (a). An employee who retires or is retired from service in the manner mentioned in Regulation 30 (i) (c), may be granted, suo motu, by the authority competent to grant leave, cash equivalent to the leave salary in respect of earned and half pay leave at his / her credit subject to a maximum of 300 days provided the period does not exceed the period between that date on which he/she so retires or is retired from service and the normal date of his/her retirement after attaining the prescribed age under the terms and conditions governing his/her service;

provided that if leave salary for the half-pay leave component falls short or pension and other pensionary benefits, cash equivalent to half-pay leave shall not be granted.

(b). When an employee is compulsorily retired as a measure of penalty under the provisions of the Classification, Control and Appeal Regulations of the Authority, and the disciplinary authority has not imposed any reduction in the amount of his / her pension (including gratuity) the authority competent to grant leave shall suo-motu issue an cder granting cash equivalent of leave salary for earned leave, if any, at his/her credit on the date of such retirement, subject to a maximum of 300 days in the manner indicated in Regulation 30 (ii) (b). (vi). (a). Where the services of an employee are terminated by notice or by payment of pay and allowances, in lieu of notice, or otherwise in accordance with the terms and conditions of his/her appointment, he / she may be granted, suo-motu, by the authority competent, to grant leave, cash equivalent in respect of earned leave at his / her credit on the date on which he/she ceases to be in service subject to a maximum of 300 davs.

(b). If an employee resigns or quits service, he/she may be granted suo-motu, by authority competent to grant leave, cash equivalent in respect of earned leave at his/her credit on57 the date of cessation from service, to the extent of half of such leave at his/her credit, subject to a maximum 150 days.

(c). An employee who is re-employed after retirement may, on termination of his / her re-employment, be granted, suo-motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his/her credit on the date of termination of re-employment subject to a maximum of 300 days including the period for which enhancement was allowed at the time of retirement.

(d). The cash equivalent payable under clause (a) above shall be calculated in the manner indicated in clause (b) of sub- Regulation 30 (ii) (b) and for the purpose of computation of cash equivalent under clause (c) above the pay on the date of the termination of re-employment shall be the pay fixed in the scale of post of re-employment before adjustment of pension and the dearness allowance appropriate to that pay.

(vii). The cash equivalent in respect of half pay leave at credit shall be calculated as follows:

Cash payment in Half pay leave salary Number of days of lieu of half pay plus Dearness half pay leave due on leave component Allowance if admissible the date of retirement (minus) Pension, / quitting the service = Pension equivalent of X subject to limit, gratuity and relief on prescribed under the pension if D.A, is Regulation. admissible on half pay lea\/e

„ _ _ __ 30

(viii) (a). For the purpose of calculating pension of a person retiring with CPF benefits the following formula shall be adopted :

Total amount of employer's contribution to CPF plus interest till Pension = the date of retirement

Commutation factor as per age in next birthday x 12

(b). For the purpose of calculating pension equivalent to gratuity (PEG) the formula will be as follows -

Gratuity

PEG = Commutation factor x 12

31 Cash Equivalent

(\). Cash equivalentof leave salary in case of death in service.

610GI/2001—"58 THE GAZETTE OF INDIA: EXTRAORDINARY [PART in—SEC. 41 (a). If an employee dies while in service, the cash equivalent of his/her leave salary due and admissible but for the death, on the date immediately following the death not exceeding 300 days, shall be paid to his/her family without any reduction on account of pension equivalent to death-cum-retirement- gratuity.

(b). In addition to the cash equivalent of leave salary admissible under this Regulation, the family of the deceased employee shall also be entitled to payment of dearness allowance (DA) only as per orders issued in this behalf separately.

(ii). Cash equivalent of leave salary in case of invalidation from service.

An employee who is declared by the medical authority to be completely and permanently incapacitated for further service may be granted, suo-motu, by the authority competent to grant leave, cash equivalent to leave salary in respect of leave due and admissible, on the date of his/her invalidation from service, provided that the period of leave for which he/she is granted cash equivalent does not extend beyond the date on which he/she would have retired in the normal course after attaining the age prescribed for retirement under the terms and conditions governing his/her service. The cash equivalent thus payable shall be equal to the leave salary as calculated under Regulation 30 (ii) (b) of these Regulations. Employee not in permanent employment shall not however be granted cash equivalent of leave salary in respect of half-pay leave standing at his / her credit on the date of his/her invalidation from service.

(iii). Cash equivalent of leave salary in the event of death of an employee while in service or after retirement or after final cessation of duties but before actual receipt of its cash equivalent of leave salary under Regulations 30, 31 (i) to (iii) the amount shall be payable as follows:

(a). To the widow, and if there are more widows than one, to the eldest surviving widow if the deceased was a male employee, or the husband, if the deceased was a female employee.

[The expression "eldest surviving widow' shall be construed with reference to the seniority according to the dale of the marriage of the surviving widows and not with reference to their age".]

(b). Failing a widow or husband, as the case may be, to the

eldest surviving son or adopted son.

(c). Failing (a) & (b) above to the eldest surviving

unmarried daughter.

(d). Failing (a) to (c) above, to the eldest surviving widowed59 daughter.

(e). Failing (a) to (d) above, to the father,

(f). Failing (a) to (e) above, to the mother.

(g). Failing (a) to (f) above, to the eldest surviving brother

below the age of eighteen years.

(h). Failing (a) to (g) above, to the eldest surviving

unmarried sister.

(i). Failing (a) to (h) above, to the eldest surviving

widowed sister.

(j). Failing (a) to (i) above, to the eldest surviving married

daughter.

(k). Failing (a) to (j) above, to the eldest child of the eldest

pre-deceased son.

32. Leave Salary

(i). An employee who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave,

(ii). An employee on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in the Regulations,

(iii). An employee on commuted leave is entitled to leave salary equal to the amount admissible under the Regulations,

(iv). An employee on extraordinary leave is not entitled to any leave salary,

(v). If an employee retires or resigns from the service and the leave already availed by him/her exceeds the leave a' his/her credit necessary recoveries shall be effected,

(vi). When the quantum of earned leave already availed of by an employee, who is dismissed or removed from service or who dies while in service, is in excess of leave at his/her credit, the over payment of leave salary shall be recovered in such cases except in a death case.

33. Mode of payment of Leave Salary

The leave salary payable under these Regulations shall be drawn in rupees in India.

34. Advance of leave salary

An employee proceeding on leave for a period not less than a month (3060 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC. 4] days) may be allowed an advance in lieu of leave salary upto one month's pay and allowances admissible on the leave salary subject to deductions on account of Income Tax, Provident Fund, House Rent, Recovery of Advances, etc.

35. Eligibility to leave of contract employees

(A). Persons appointed on contract basis in various posts in the Authority shall be entitled to leave as follows:

(i). Earned leave as admissible to an employee.

(ii). Half-pay leave/commuted leave as admissible to a temporary employee.

(iii). Extraordinary leave -

(a) in the case of a contract appointments for one year or

less, no extraordinary leave shall be granted;

(b) in the case of a contract appointment for more than one year but not more than 5 years, extraordinary leave as admissible to a temporary employee shall be granted subject to the condition that the total extraordinary leave sanctioned during the entire contract period shall not exceed 90 days;

(c) when the contract appointment is for more than 5 years extraordinary leave as admissible to a temporary employee may be granted; and,

(d) when the contract appointment is for an indefinite period, the employee will be entitled to extraordinary leave as admissible to a permanent employee.

(B). Encashment of leave: The person appointed on a contract basis will, suo-motu, be allowed encashment of earned leave at credit on the date of termination of contract subject to ceilings as follows :

Period of contract appointment

Maximum earned leave for which encashment will be allowed at the time of termination of contract

No encashment

2 years or less

50 days

More than 2 years upto 5 years

100 days

More than 5 years upto 10 years

150 days

More than 10 years upto 15 years

200 days

More than 15 years upto 20 years61

250 days

More than 20 years upto 25 years

300 days

More than 25 years -

The encashment of earned leave will, however, be subject to the condition that total earned leave for which encashment will be allowed together with the earned leave or full-pay leave for which encashment had been allowed in previous appointments, if any, under the Govt. or Autonomous Body or Bodies or Public Sector Undertaking (s) shall not exceed 300 days.

36. Casual leave

An employee shall be eligible for casual leave as are admissible to Govt. servants during a calendar year subject to the following :

(i). Casual leave can be combined with special casual leave but not with any other kind of leave.

(ii), Casual leave cannot be combined with joining time.

(iii). Sundays and Holidays falling during the period of casual leave are not counted as part of casual leave.

(iv). Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to casual leave.

(v). Casual leave can be taken while on tour, but no daily allowance will be admissible for the period.

(vi). Casual leave can be taken for half-day also,

(vii). LTC can be availed during casual leave.

(viii). Officials joining during the middle of a year may avail casual leave proportionately.

(ix). Casual leave cannot be carried forward to the next calendar year. Unutilised casual leave shall lapse at the end of a calendar year.

37 Holidays

(i). An employee shall be eligible to observe the National Holidays/Occasional Holidays/Restricted Holidays and other holidays announced by the Govt. during a calendar year for its employees and such other holidays as may be determined by the Authority.

(ii). An employee put on duty on the Holidays mentioned in sub-clause62 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—Sue. 4] (i) above except on National Holidays may be paid over time allowance according to the usual rates.

(iii). An employee put on duty on National Holidays may be paid OTA at double the rate of usual rates admissible.

(iv). Restricted Holidays may be availed by an employee only with advance permission in writing.

38. Forms

The following requisite 'forms' prescribed and annexed to these Regulations, as amended from time to time, will be applicable to these Regulations:

39. Residual matters

Matters with respect to which no specific provisions have been made under these Regulations, shall be regulated under the corresponding provisions of the Govt. Rules / Regulations applicable to Govt. servants.

40. Interpretation

Where any doubt arises as to the interpretation of these Regulations, it shall be referred to the Authority whose decision thereon shall be final and binding.

41. Power to relax

Where the Authority is satisfied that the operation of any of these Regulations causes undue hardship in any particular case may, for reasons to be recorded in writing, dispense with or relax the requirements 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 manner.

42. Repeal and Saving

(i). On the commencement of these Regulations, every rule, regulation or order, including instructions in force immediately before such commencement shall, in so far as it provides for any of the matters contained in these Regulations, cease to operate.

(ii). Notwithstanding such cessation of operation, anything done or any action taken or any leave earned by, or granted to, or accrued to the credit of an employee, under the rules, regulations and orders so repealed, shall be deemed to have been done, taken, earned, granted or accrued under the corresponding provisions of these Regulations.

S. SATHYAM, Chairman

[No. ADVT-in/TV/143/2000-E.xty.]64 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SEC, 41

TARIFF AUTHORITY FOR MAJOR PORT5f

FORM - A,

APPLICATION FOR LEAVE OR FOR EXTENSION OF LEAVE 1. Name of applicant. 2. Post held. 3. Section / Division / Name of Officer with whom attached. 4. Pay.

5. House rent and other compensatory allowances drawn in the present post. 6*. Nature and period of leave applied for and date from which required. 7. Sundays and holidays, if any, proposed to be prefixed / suffixed to leave. 8. Grounds on which leave is applied for. 9. Date of return from last leave, and the nature and period of that leave. 10. I propose / do not propose to avail myself of leave travel concession for the block v e a rs during the ensuing leave.

11 • Address during leave period.

Signature of Applicant

(with date) \Z. Remarks a n d / or recommendation of the Controlling Authority,

Signature (with date)

Designation CERTIFICATE REGARDING ADMISSIBIL1TY OF LEAVE

13, Certified that

(nature of leave) tor

(period) from to is admissible under Regulation .... of the TAMP (Leave) Regulations 2001

Signature (with date) .

Designation • M Orders of the authority competent to grant leave

Signature (with date)

Designation * If the applicant is drawing any compensatory allowance, it should also be indicated in the orders that on the expiry of leave, the employee is likely to return to the same post or to another post carrying similar allowance.

= 1 0

TARIFF AUTHORITY FOR MAJOR PORTS FQRM-B.

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r lute I — The Earned Leave due should be expressed in days.

30 31 32 33 34 35 36

N A R Y

[ M.iie 2 --- When a TAMP employee is appointed during the course of a half-year of a particular calendar year, earned leave should be i n.-il i led .ii i he rate ot "2'/: d.iys fur each completed calendar month and the fraction of a day will be rounded to the nearest day.

Iloic 3 — Period of extraordinary ' ea ve should be noted in red ink.

P A R T I I I

—

S E C 4

]67

TARIFF AUTHORITY FQR MAJOR FORTS

FORM - C.

MEDICAL CERTIFICATE FOR OFFICER EQUIVALENT TO GAZETTED

OFFICERS RECOMMENDED LEAVE OR EXTENSION OF LEAVE OR

COMMUTATION OF LEAVE

Signature of the employee

I,

after -arerul personal examination of the case hereby certify that Shri / Shrimati / Kumari whose signature is given above, is suffering from and I consider that a period of absence from duty of with effect from is absolutely necessary for the restoration of his / her health

Civil Surgeon / Staff Surgeon/ Authorised Medical Attendant D a t ed

' Dispensary NOTE 1. — This form should be adhered to as closely as possible and should be tilled in riAcr the signature of the ' employee has been taken. The certifying officer is not at liberty to certify that the employee . requires a change from or to a particular locality or that he is not fit to proceed to a particular locality. Such certificates should only be given at the explicit desire of the administrative authority concerned to whom it is open to decide, when an application on such grounds has been made to him. whether the applicant should go before a Civil Surgeon / StaiFSurgeon Authorised Medical Attendant to decide the question of his / her fitness for service.

NO FEZ. — No recommendation contained in this certificate shall be evidence of a claim to anv leave not admissible to the cmplovee.

TARIFF AUTHORITY FOR MAJOR PORTS

F O R M - D.

MEDICAL CERTIFICATE FOR LEAVE OR EXTENSION OF LEAVE OR

COMMUTATION OF LEAVE

Signature of the employee

I,

after careful personal examination of the case hereby certify that Shri / Shrimati / Kumari whose signature is given above, is suffering from and I consider that a period of absence from duty of with effect from is absolutely necessary for the restoration of his / her health.

Authorised Medical Attendant Hospital / Dispensary or other Registered Medical Practioner Dated

NOTE 1. — The nature and probable duration of the illness should be specified.

NOTli 2. — This I'oim should be adhered to as closely as possible and should be filled in alter the signature of the employee has been taken. The certifying officer is not at liberty to certify that the employee requires a change from or to a particular locality, or that he is not fit to proceed to a particular locality Such certificates should only be given at the explicit desire of the administrative authority concerned, to whom it is open to decide, when an application on such grounds has been made to him, whether the applicant should go before a Civil Surgeon or Staff Surgeon to decide the question of his / her fitness for service.

NO IE 3.— Should a second medical opinion be required, the authority competent to grant leave should arrange for the second medical examination to be made at the earliest possible date by a medical officer not below the rank of a Civil Surgeon or Stall Surgeon, who shall express an opinion both as regards the facts of illness and as regards the necessity for the amount of leave recommended and for this purpose he may either require the employee to appear before himself or before a medical o ^ c er nominated by himself NO I E — No recommendation contained in this certificate shall be evidence of a claim to any leave not admissible to the employee69

TARIFF AUTHORITY FOR MAJOR FORTS

FORM - E.

MEDICAL CERTIFICATE OF FITNESS

TO RETURN TO DUTY

Signature of the- . - employee

We. the members of the Medical Board

I Civil Surgeon / Staff Surgeon,

Authrised Medical Attendant of Registered Medical Practitioner

do hereby certify that we /1 have carefully examined Shri / Shrirnati / Kumari whose signature is given above, and find that he / she recovered from his / her illness and is now fit to resume duties in the Authority.

We / 1 also certify that before nrriving at this decision, we / I have examined the original medical certificates (s) and stateincnt(s) of the case (or certified copies IhereoO on which leave was granted or extended and have taken these into consideration in arriving at our/ my decision.

Members of the Medical Board

(I) (2)

(3)

Civil Surgeon / Staff Surgeon, Authorised Medical Attendant, Registered Medical Practioner Dated

NOTE. — The original medical certificate(s) and statement(s) of the case on which the leave was originally granted or extended shall be produced before the authority required to issue the above certificate. For this purpose, the original certificate(s) and stntement(s) of the ense should be prepared in duplic one copy being retained bv the employee concerned.

TARIFF AUTHORITY FOR MAJOR PORTS

FORMAL

BOND FOR TEMPORARY EMPLOYEE GRANTED EXTRAORDINARY LEAVE IN RELAXATION OF REGULATION 24 (C).

KNOW ALL MEN BY THESE PRESENTS THAT WE residents of at present employed as In the Tariff Authority for Major Ports (hereinafter called "the Obligor") and Shri / Shrimati / Kumari son/daughter of of (hereinafter called "the sureties"), do hereby jointly and severally bind ourselves and our respective heirs, executors and administrators, to pay to the Chairman, .', his successors and assigns (hereinafter called (Rupees the "Authority") on demand the sum of Rs • ••) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans or, if the payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all costs between the attorney and client and all charges and expenses that shall or mav have been incurred by the Authority.

WHEREAS the Authority has at the request of the above bounden Shri / Shrimati /

Kumnri ... employed as a , granlcd hfa / her regular leave, lollowcd by extraordinary leave without pay and allowances, for a period of *.,... months d avs 'vith effect from in order to enable him / her to study at AND WltEREAS the Authority hax appointed / will have to appoint a substitute to perform the duties of during the period of absence of Shri , Shrimati / Kumari on extraordinary leave.

AND WHEREAS for the better protection of the Authority, the obligor has agreed to execute this bond with two sureties with -ach condition as hereunder written

AND WHEREAS the said sureties have agreed to execute this bond as sureties on behalf of the bounden

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the above bounden, Shri / .Shrrmati / Kuman . . . failing to rejoin on (he expiry of the period of extraoidinary leave, the post originally held by him/her and serve the Authority after rejoining for such period not exceeding a period of years as the Authority may require or refusing to serve the Authority in any other capacity as may be required by the Authority on a salary to which he / she would be entitiled under tne rules, the said Shri / Shrimati / Kumari or his / her executors and administrators shall forthwith pay to the Authority on demand the said sum of Rs together with interest thereon from the date of demand at Government rates for the time beine in force on Government loans.

AND upon the obligor Shri / Shrimati / Kumari and or Shu; ;

Shrimati / Kumari .• and, or Shri Shrimati / Kumari the

sureties aforesaid making such payment the above written obligation shall be void ana of

effect, otherwise Hfhall be and remain in force and virtue :

PROVIDED ALWAYS that the liability of the sureties hereunder shall not be

impaired or discharged by reason of time being granted ur by any forbearance, act or

omission of the Authority or any person authorised by them (whether with or without the

consent or knowledge orthe sureties) nor shall it be necessary for the Authority to sue the

obligor before suing the sureties Shri / Shrimati / Kumari and Shri /

Shrimati / Kumari or any of them for amounts due hereunder.

The bond shall in all respects be governed by the laws of India for the time being in

force and rights and liabilities hereunder shall be accordingly determined by

the appropriate Courts in India.

The Tariff Authority for Major Ports have agreed to bear the stamp duty payable on

this bond.

Signed and dated this day of two thousand.

Signed and delivered by the obligor Signed and delivered by the surety above above named Shri / Shrimati / Kumari named Shri / Shrimati / Kumari In the presence of

In the presence of

Witness: 1 Witness: 1

2

2

Signed and delivered by the surety above named Shri / Shrimati / Kumari

In the presence of

Witness : 1

2

ACCEPTED

For and on behalf of the

Tariff Authority for Major Ports

Printed by the Manager, Oovt. of India Press, Ring Road, M*y"pun,_ New Delhi-11UUM I