In exercise of the powers conferred under Section 123A 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 Government, hereby makes the following Regulations about the method of recruitment to its Group B posts

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

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 67] NEW DELHI, TUESDAY, MARCH 20, 2001/PHALGUNA 29, 1922

870 GI/2001

(1) 2 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC, 4] 3 4 THE GAZETTE OF INDIA EXTRAORDINARY

|PARI III—Str 4| 5 6

T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY

[ P A RT I I I —S E O. 41 7 8 THE GAZETTE OF INDIA : EXTRAORDINARY

[PART III—SEC. 4] 9 8/n GI/2001—2 10 THE GAZETTE OF INDIA : EXTRAORDINARY

|PAK t TTI—SEC 4] 11 12 THE GAZETTE OF INDIA • EXTRAORDINARY

[P.\RT III—SEC 4] 1.1 H THE GAZETTE OF INDIA : EXTRAORDINARY

[PART HI—SEC. 41 15 16 THE GAZETTE OF INDIA : EXTRAORDINARY [P*R r III—Si--. 41 _IJ 870 GI/2001—.1 18 THE GAZETTE OF INDIA EXTRAORDINARY

|PART III—SFr 4] 19 2<> THEGAZETTE OF INDIA EXTRAORDINARY

[PART III—Sac 4] 21 22 THE GAZETTE OF INDIA : EXTRAORDINARY

|PAK I 111—SE<- 4] 23 24 THE GAZETTE OF INDIA . EXTRAORDINARY

[PART III—SEC 4] 25 870 GI/2001—4 26

THE GAZETTE OF INDIA . E X T R A O R D I N A RY

IPAK I III—SE<- 41 27 28 THE GAZETTE OF INDIA ; EXTRAORDINARY

[PART HI—SEC 4] 29 TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the 20th March, 2001

No. A-12018/2/97-TAMP.—In exercise of the powers conferred under Section 123A 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 Government, hereby makes the following Regulations about the method of recruitment to its Group ' B' posts

1. Short title and commencement

(i). These Regulations may be called the Tariff Authority for Major Ports, (Recruitment to Group 'B' posts) Regulations, 2001.

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

2. Definitions

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

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

(ii). "Appointing Authority" means the Chairman or any other officer so authorised by him.

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

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

(v). "Deputation" means borrowing the services of an employee of any other organisation by the Authority.

(vi). "Employee" means a person appointed in the office of the Authority against any of the posts in terms of service regulations but does not include a probationer.

30 THE GAZETTE OF INDIA EXTRAORDINARY

| PAR r III—Sn-. 4] (vn). "Foreign Service" means the service for which an employee receives with the approval of the Appointing Authority, his / her pay from any source other than the Fund of the Authority

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

(ix). "Group 'B' Posts" means the same thing as defined in the Central Civil Service (Classification, Control & Appeal) Rules, 1965 as amended from time to time until otherwise defined in the Tariff Authority for Major Ports (Classification, Control & Appeal) Regulations,

(x). "Medical Officer" means the Medical Authority as defined under Regulations 2(x) of the TAMP (Medical Examination) Regulations as may be notified

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

(xn). "Other Backward Classes" means such castes or tribes or parts of or groups within such castes or tribes as are deemed under Articles 15(4) and 16(4) of the Constitution to be the Other Backward Classes.

(xiii). "Probationer" means a person appointed on probation to a post in the Authority, (xiv). "Public Servant" means the same as defined under Section 112 of the Act. (xv). "Schedule" means the Schedule attached to these Regulations.

(xvi). "Scheduled Castes" means such castes or tribes or parts of or group within such castes, or races or tribes as are deemed under Article 341 of the Constitution to be the Scheduled Castes.

(xvii). "Scheduled Tribes" means such tribes or tnbals communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 of the Constitution to be the Scheduled Tribes.

3. Application

These Regulations shall apply to the posts specified in column (2) of the Schedule - 1.

4. Number of Posts, Classification and Scale of Pay

The number of posts, their classification and the scale of pay attached thereto shall be as specified in columns (3) to (5) of Schedule - I.

5. Method of recruitment

(i). The method of recruitment, age limit, qualifications and other matters relating to the said posts shall be as specified in columns (6) to (15), of the Schedule aforesaid.

31 (ii). Where juniors, who have completed their qualifying/eligibility service are being considered for promotion, all their seniors shall also be considered provided they are not short of the requisite qualifying/eligibility service by more than one year and have successfully completed their probation period.

(iii). The departmental candidates in the feeder category who are in the direct line of promotion shall not be eligible to be considered for appointment on deputation. Similarly, deputationists shall not be eligible for consideration for appointment by promotion.

6. (A). Determination of Age Limit and other qualifications

The crucial date for determining the age limit (for purposes of Col.7 of the Schedule) shall be the closing date for receipt of applications from candidates in India. However, in the case of candidates belonging to the states of Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland, Tnpura, Sikkim, Ladhak Division of J & K State, Lahaul & Spiti District and Pangi Sub-Division of Chamba District of Himachal Pradesh, the Union Territory of Andaman & Nicobar Islands or Union Territory of Lakhshadweep it shall be 14 days after the date specified for others.

(B). Age relaxation

(i). Age shall be deemed as on the first day of the calendar year.

(ii). The age specified against the post in the schedule shall be relaxed subject to the orders / instructions relating to the matter issued by the Govt from time to time.

Note: Norms of age relaxation prescribed under this Regulation shall also be applicable to the employees of the Authority.

(C). Educational qualifications

Wherever educational qualification is prescribed for eligibility to a post through direct recruitment, the candidates shall possess the requisite Degree from a recognised University incorporated by an Act of Parliament or State Legislature in India or other Educational Institutes established by an Act of Parliament or declared to be deemed as Universities under Section 3 of the University Grants Commission Act, 1956 or a foreign University recognised by the Central Government from time to time. However the candidates who have passed their examinations from reputed private sector institutes like IMT, Ghaziabad orXLRI, Jamshedpur, etc., shall be considered.

(D). Experience

Wherever experience is prescribed for eligibility to a post, the candidates shall possess the requisite experience from recognised institutions which include Central and State Govt. offices, Union and State Legislature Secretariats, Secretariats of the Supreme Court, the High Courts and the Subordinate Courts, Central and State Public Sector Undertakings, Statutory bodies of the Central or the State Governments, 32 THE GAZETTE OF TNP1A EXTRAORDINARY

[PART TIT—for. 4} Commissions, Tribunals and the other Institutions established by law / notifications of the Union or State Govts.

Experience Certificates obtained from sundry private institutions, etc. shall not be taken into consideration for grant of eligibility.

(E). Concessions to Scheduled Castes and Scheduled Tribes

(i). Where experience is prescribed for any post, the same is relexable in respect of Schedule Castes / Scheduled Tribes candidates.

(ii). When a post reserved for SC is exchangeable with a post reserved for a ST, STs also shall be advised to apply for the post.

(iii). When a post reserved for ST is exchangeable with a post reserved for a SC, SCs also shall be advised to apply for the post.

(F). Nationality

For appointment to any post in the Authority, a candidate must be either - (i). (a) citizen of India; or,

(b) a subject of Nepal; or, (c) a subject of Bhutan; or, (d) a Tibetan refugee who came over to India before 1 January 1962 with the intention of permanently settling in India; or,

(ii). a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, the East African Countries of Kenya, Uganda, United Republic of Tanzania, Zambia, Malawi, Zaire, Ethopia or, Vietnam with the intention of permanently settling in India;

provided that a candidate belonging to categories described in (i) and (ii) above shall be a person in whose favour a certificate of eligibility has been issued by the Govt. of India. A candidate in whose case a certificate of eligibility is necessary and is yet to be issued by the Government of India he/she may apply for the post and his/her candidature may be accepted for selection but the offer of appointment shall be given only after the necessary eligibility certificate issued to him/her by the Government of India is produced before the Authority.

7. Disqualification

No person shall be eligible for appointment to any of the said posts if he / she -

(i). has entered into or contracted a marriage with a person having a spouse living;

or,

(ii). having a spouse living, has entered into or contracted a marriage with any person;

33 provided that the Authority may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this Regulation.

Note: Every employee on his/her appointment in the Authority shall furnish his/her marital declaration in the prescribed form annexed to these Regulations as Schedule-II.

(iii). does not fulfill the conditions prescribed in Regulation 6(F); or,

(iv). directly or indirectly attempts to influence any member of the Selection Committee or any officer of the Authority or suppress any material fact in relation to his/her candidature or provides any false statement or particulars.

8. Source of Recruitment

All the vacancies for direct recruitment/deputation/absorption shall be notified to the Publications Division of the Ministry of Information and Broadcasting for publication in the "Employment News".

9. Reservation for Scheduled Castes, Scheduled Tribes and Other Backward

Classes

Appointments to the posts mentioned in the Schedule -1 shall be made subject to the orders relating to reservations for SCs/STs, and OBCs issued by the Government from time to time.

10. Mode of Selection

(i). Applications / nominations of the eligible candidates, received shall be placed before a Selection Committee which shall proceed with the selection procedure and prepare a panel of candidates against each post and send its recommendations to the Appointing Authority.

(li). The panel of selected candidates shall remain operative for a period of one year from the date of approval of the panel by the Appointing Authority.

Provided that the Authority may, at its discretion, extend the validity of the panel from such further period not exceeding one year as it may consider necessary.

11. Medical Examination and Character & Antecedents Verification

(i). The following formalities shall be completed prior to making appointments:

(a). Direct Recruits shall be got medically examined by a Medical Officer nominated by the Appointing Authority for the purpose.

(b). The candidate who is found unfit on the advice of the Medical Officer shall be given another chance to re-appear before the Medical Board.

(c). No travelling or other allowances shall be permissible to the candidates for appearing before the Medical Officer / Medical Board.

870 GI/2001 — 5 34 THE GAZETTE OF INDIA : EXTRAORDINARY

[PART III—SEC, 4] (d). In case on a representation being made, a candidate is found "unfit" for the post on the basis of the second opinion of the Medical Board also, the offer of appointment made, if any, shall stand cancelled.

(e). The character and antecedents of the candidate shall be got verified through the local police. The verification shall be made in the places where the candidate had stayed for more than one year during the preceding 5 years. In the event of an adverse report, the offer of appointment made, if any, shall stand cancelled.

(ii). 'Notwithstanding anything contained in Clause (i) the medical examination of physical fitness of the employees shall be regulated in terms of the provisions contained in the TAMP (Medical Examination) Regulations as may be notified from time to time,¹

12. Probation

A person selected for appointment shall initially be appointed on probation for a period of two years which can be extended by a suitable period if the Appointing Authority is not satisfied with the general performance of the candidate.

13. Completion of Probation

(i). The probation period, including the extended period, if any, shall stand terminated if the Appointing Authority is satisfied with the general performance of a probationer failing which the Appointing Authority shall have the right to terminate his/her services.

(ii). Upon successful completion by a probationer of his/her probation, the Appointing Authority shall issue a formal order to that effect.

14. Confirmation

(i). When a probationer has successfully completed the period of probation or the extended period specified in Col. 11 of Schedule I as may be decided by the Appointing Authority through a formal order to that effect issued under Regulation 13 (ii), he/she shall be confirmed against a substantive post.

(ii). Where a probationer is declared unfit for the post in which he/she has been on probation, after the expiry of the period of probation or the extended period, his/her services shall be terminated forthwith.

15. Permanent absorption

(i). Permanent absorption of a person appointed under provision of Col 13 of the Schedule I shall be considered as per provisions laid down in Fundamental Rules / Supplementary Rules of the government as amended from time to time and the instructions issued there under.

15 (ii). Once a person is appointed/absorbed in a permanent post in the Authority his/her lien on the previous permanent post shall stand terminated.

(iii). Officiation in a post as a stop gap arrangement shall not confer any right of claim of the post.

16. Termination

(i). The Appointing Authority may terminate the services of a confirmed employee by giving him / her three months' notice in writing or by paying him/her three months emoluments in lieu thereof. Where the services of the employee have not been confirmed, the Appointing Authority may terminate the services of the employee by giving him / her one month's notice in writing or one month's emoluments in lieu thereof.

(ii). An employee may resign from the service of the Authority by giving three months' or one month notice as the case may be, in writing provided that the Appointing Authority may, at its discretion, either reduce the notice period or altogether dispense with the requirement of notice in appropriate cases.

17. Pay Scales

The scales of pay for the posts under the Authority shall be as specified in Column 5 of the Schedule - 1.

18. Fixation of pay and allowances

(i). Pay of a person appointed to any post mentioned in the Schedule - I shall be fixed in accordance with such orders as the Government may issue from time to time.

(ii). The pay of re-employed pensioners shall be fixed in terms of Department of Personnel and Training, O.M. No. 3/1/85-Estt (P.ll) dated the 31st July 1986 (Fixation of pay of the Re-employed Pensioners) order 1986 as amended from time to time.

(iii). Allowances admissible to the employee of the Government shall be admissible in the Authority.

(iv). Appointing Authority may grant advance / extra increments up to five increments to an employee keeping in view higher qualifications or special experience possessed by him / her.

(v). After the grant of extra increment, if any, under Clause (iv), an employee shall be eligible to draw his/her next increment on the normal date of increment.

36 THE GAZETTE OF INDIA EXTRAORDINARY

[PART III—SEC 41 19. Seniority

Seniority shall be in the order in which a person is recommended by the Selection Committee. Inter-se seniority shall be maintained in accordance with the instructions issued by the Government from time to time.

20. Initial Constitution

(i). A person appointed in the office of the Authority through local Employment Exchange / by open advertisements in the Newspapers against sanctioned post before notification of these Regulations in the Gazette of India, shall be treated as a regular employee and his/her services shall be treated as regular service for all purpose (including promotion and retirement benefits) with effect from the date of his/her joining the Authority

(n). Notwithstanding any thing contained in Regulations 15 on his/her absorption, the services of the person, appointed in the Authority on deputation from the Government Department / Autonomous Body / Public Sector Undertaking / Major Ports etc., before notifying these Regulations in the Gazette of India, shall be treated as regular service for all purposes (including promotion and retirement benefits) from the date of his/her joining the Authority on deputation basis.

21. Oath of Allegiance

(i). Oath of Allegiance - All new entrants to the service in the office of the Authority shall take Oath of Allegiance to the Constitution of India.

Note The prescribed form contains two alternatives, viz., 'swear' and 'solemnly affirm'. Those who are conscientious objectors to Oath-taking shall make a solemn affirmation. This shall be explained to the candidate clearly and, in the form (as per form annexed as schedule - III to these Regulations) one of the alternatives shall be struck off before the candidate signs.

(n). Administering the Oath - The Oath shall be administered by the Head of Office of the Authority or by any other officer nominated in his behalf to look after the administration. The candidate shall be asked to take the Oath and to sign the form, giving name, designation and date in the presence of the nominated officer.

(in). Maintenance of Register - A register shall be maintained for recording all cases of 'Oath-taking¹.

(iv). Language used - A person may choose to take the Oath in Hindi or English language.

(v). Retention of record - The Oath of Allegiance duly signed by the candidate shall be kept in the Service Book.

37 22. Provident Fund

The General Provident Fund (Central Services) Rules 1960 shall mutatis-mutandis be applied to regular employees appointed directly by the Authority until notification of Regulations of the Authority on the subject.

23. Conduct and Discipline

(i). Every employee appointed against a post mentioned in Col.2 of Schedule I shall be a 'Public Servant¹. He shall be governed by the Tariff Authority for Major Ports (Conduct) Regulations and Tariff Authority for Major Ports (Classification, Control and Appeal) Regulations as notified from time to time and clarifications, instructions or orders issued thereunder by Authority.

(ii). Instructions, interpretations, and orders of the Authority under the Regulations specified above shall apply mutatis-mutandis to every employee governed by these Regulations.

24. Age of superannuation

(I). Except as otherwise provided in this Regulation every employee shall retire from service on the afternoon of the last day of the month in which he / She attains the age of sixty years: provided that In case of an employee whose date of birth is the first of a month shall on attaining the age of superannuation shall retire from service on the afternoon of the last day of the proceeding month.

(ii) The Authority may retire any employee on, or at any time after, the completion of fifty five years of age or thirty years of total service in case he/she has entered the service of the Authority before attaining the age of 35 years and in all other cases on attaining the age of fifty five years, if in the opinion of the Appointing Authority the services of an employee are no longer required in the interest of the Authority.

(iii). Subject to the provisions of Regulation 16 (ii) an employee may also, if he / she so desires, and subject to the other terms of appointment to the contrary, if any, retire from service on completion of fifty years of age.

25. Retirement benefits

(i). A person appointed to any post mentioned in the Schedule -1 shall be eligible to have retirement benefits and other benefits in terms of the provisions contained in CCS (Pension) Rules, 1972 as amended from time to time and the related instructions issued by the Government thereunder until notification of Regulations relating to retirement benefits by the Authority.

(ii). An employee who is ineligible to get pension as per the existing Rules / Regulations, shall not be entitled for pension thereafter even if the Rules / Regulations are changed subsequently but without retrospective effect.

38 THE GAZETTE OF INDIA : EXTRAORDINARY

[PART IIT—Syr. 4] 26. Special Provision In case of undue hardship or injustice

Where the Appointing Authority is of the opinion that the determination of seniority of any employee in accordance with these Regulations may, or is likely to, cause undue hardship or injustice in any particular case, the Appointing Authority may, for reasons to be recorded in writing, determine the seniority in a just and equitable manner.

27. Miscellaneous

(i). Notwithstanding anything contained in these Regulations, the other related conditions of service of the employees shall be regulated under the provisions of the following Regulations of the Authority as notified from time to time:

(a). Tariff Authority for Major Ports - (Travelling Allowance & Dearness Allowance) Regulations.

(b). Tariff Authority for Major Ports - (Leave Travel Concession) Regulations, (c). Tariff Authority for Major Ports - (Leave) Regulations, (d). Tariff Authority for Major Ports - (Conduct) Regulations, (e). Tariff Authority for Major Ports - (Classification, Control and Appeal) Regulations.

(f). Tariff Authority for Major Ports -(Joining Time) Regulations, (g). Tariff Authority for Major Ports - (Medical Attendance and Treatment) Regulations.

(h). Tariff Authority for Major Ports - (Temporary Service) Regulations, (i). Tariff Authority for Major Ports - (Provident Fund) Regulations, (j). Tariff Authority for Major Ports - (Contributory Provident Fund) Regulations.

(k). Tariff Authority for Major Ports - (Medical Examinations) Regulations. (I). Tariff Authority for Major Ports - (Pension and Gratuity) Regulations, (m). Tariff Authority for Major Ports - (Computation of Pension) Regulations, (n). Tariff Authority for Major Ports - (House Building) Regulations.

(ii). Where any of the above Regulations are not notified in the Gazette of India or no provision is made in these Regulations or in any other separate Regulation formulated by the Authority, the Rules and Regulations applicable to the Govt. employees shall be applicable to the employees of the Authority.

28. Power to relax

The Authority may, for reasons to be recorded in writing, relax any of the provision of these Regulations with respect to any class or category of persons or posts; but, no such relaxation shall be given with retrospective effect.

29. Interpretation

If any question relating to the interpretation of these Regulations arises, the matter shall be referred to the Authority.

30. Saving

Nothing in these Regulations shall affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes/Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Government from time to time in this regard.

S O H E D U L E -I

1 9 4 0

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(ii). The maximum age limit for deputation / absorption shall be 56 years on the last date of receipt of applications.

P A R T

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(iii).Should have good knowledge of office procedure, Rules and Regulations relating to Establishment and General Administration and their applications in right perspective. Should be familiar with drafting of notes and handling correspondence independently.

(B).Desirable . Should have working knowledge on computer/ personal computer etc.

4 1 4 2

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(B).Desirable : Should have proficiency in typing on electronic typewriter/working on computer/ personal computer.

i

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(A). Promotion: Not Applicable.

14 Composition of Group 'B' D.P.C., shall be :

15 Not Applica- ble 11 Two years for direct recruitment

Not Applicab le

(a). Chairman: Chairman (b). Member : Member (c). Secretary : Member

T H E By deputation / absorption failing which by direct recruitment

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• (B). Deputation / Absorption : Employees of the Central Govt. / Autonomous bodies holding - (i) an analogous posts; or (ii) post in the scale of pay Rs.4000-6000 or equivalent with 5 years service in the grade with Cash and Accounts Training from ISTM or equivalent and possessing 5 years experience of cash accounts and budget work; or (iii). SAS Accountant or SAS passed clerk with 3 years experience in the scale of pay of Rs.5000- 8000 from any of the organised Accounts Departments, (iv). Possessing the educational qualification as prescribed under Col.9.

E X T R A O R D

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P A K

I Note: (i). UDCs of the Authority with five years service and who have undergone Cash & Accounts Training successfully can also be considered. In case of their selection they will be deemed to have been appointed on promotion, (ii). The period of deputation shall not ordinarily exceed 3 years. (iii). The maximum age limit for "absorption" sha!! be 56 years on the last date of receipt of application.

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S C H E D U L E - II

M A R I T AL D E C L A R T I ON (See Regulation 7)

I,

S/o, D/o, W/o

declare as under:-

(i). That I am unmarried / widower / widow.

(ii). That I am married and have only one wife living.

(iii). That I am married and have more than one wife living.

Application for grant of exemption is enclosed.

(iv). That I am married and that during the-lifetime of my spouse I have contracted another marriage. Application for grant of exemption is enclosed

(v). That I am married and my husband has no other living wife, to the best of my knowledge.

(vi). That I have contracted a marriage with a person who has already one wife or more living, Application for grant of exemption is enclosed.

*2. I solemnly affirm that the above declaration is true that I understand that in the event of the declaration being found to be incorrect after my appointment, I shall be liable to be dismissed from service.

Dated Signature

NOTE: Please delete clauses not applicable.

*Applicable in the case of clauses (i), (ii) and (v).

56 THE GAZETTE OF INDIA EXTRAORDINARY

[PAKI III—Str. 4]

SCHEDULE-I

FORM OF OATH /AFFIRMATION

(See Regulation 21)

" I,

, do swear / solemnly affirm that I will be faithful and bear true allegiance to India and to the Constitution of India as by Law established, that I will uphold the sovereignty and integrity of India, and that I will carry out the duties of my office with loyalty, honesty and impartiality.

(SO HELP ME GOD)

Signature ..

Name

Designation...

Date.

S. SATHYAM, Chairman

[ADYT/III/I V/143/2000/Exty ] Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publication!, Delhi-110034