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. i GA , 'h ' - . - A: . :A A . i [PART Tl—SEC. 3 ( I )]

G.S.R. 101(E).—In exercise of the powers conferred by sec- tion 126, read with section 28 of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby makes the following Regulations, namely :—

PART I—General

1. Short title and commencement :—(1) These regulations may be called the Tuticorin Port Employees (Classification, Control and Appeal) Regulations, 1979.

(2) They shall come into force on the date of their pub-

lication In the Official Gazette.

2. Definitions :—In these regulations, unless the context

otherwise requires,—

(a) "Act" means the Major Port Trust Act, 1963 (38

of 1963);

(b) "Appointing authority" in relation to an employee means the authority prescribed as such in the Sch- edule ;

(c) "Board", "Chairman" and "Head of Department"

shall have the same meanings as In the Act,

(d) "disciplinary authority" means the authority compe- tent under these regulations to impose on an emp- loyee any of the penalties specified in regulation R;

(e) "employee" means an employee of the Board and includes any such person on foreign service ot whose services are temporarily placed at the dispo- sal of the Board and also any person in service of the Central or a State Government or a local or Other authority whose services are temporarily placed at the disposal of the Board.

(f) "Schedule" means the Schedule annexed to these legu-

latlons.

3- Application :— (1) These regulations shall apply to

overy employee of the Board but shall not apply to :—

(a) persons In casual employment ;

(b) persons liable to the discharged from service OP

less than one month's notice; and

(c) persons for whom special provision is made in res- pect of matters covered by these regulations, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the Board before or after the commencement of these regulations, in regard (o matters covered by such special provisions;

(2) Notwithsanding anything contained in sub-regulation (1) the Board may by order exclude from the operation of all or any of these regulations any class or classes of emp- loyees.

(3) If any doubt arises as to whether these regulations or any of them apply to any person, the matter shall be referred to the Board for its decision.

PART Il-Classification

4. Classification of posts :—(1) AH posts under Board other than those ordinarily held by persons to whom these regulations do not apply, shall be classified as follows :

Class I Posts Scales carrying a maximum of not less

than Rs. 1,300.

Class II Posts Scales carrying a maximum of Rs. 900

and above but below Rs, 1,300.

Class m Posts Scales carrying a maximum of Rs, 290

and above but below Rs. 900.

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Class IV Posts Scales carrying u maximum of less than

Rs. 290.

(2) Any other made by the competent authority and in force immediately before the commencement of these i emula- tions relating to classification of posts in the Port of Tuticorin and the Tuticorin Port Trust shall continue in force until altered rescinded or amended by an order of the Board under sub-regulation (1).

PART m. Appointing authorities

5. Appointment to posts :—(i) All appointments to the posts under the Board which are covered by clause (a) of sub-section (1) of section 24 of the Act shall be mads by the Central Government after consultation with the Chairman.

(ii) all appointments to other Class I and Class II posts under the Board which are not covered by clause fa) of sub- section (1) of section 24 of the Act shall be made by the authorities as specified in the Schedule.

6. Appointments to other posts :—All appointments, other

than the appointments referred to in regulation 5, shall be made by the authorities specified in this behalf in the Schedule.

PART IV—Suspension

7. Suspension—(J) An employee may be placed under

suspension—

- (a) where a disciplinary proceeding against him is con-

templated or is pending; or

(b) where a case against him in respect of any criminal

offence is under Investigation, inquiry or trial.

(2) The order of suspension shall be made—

(a) in the case of an employee holding a post referred to in clause (a) of sub-section (1) of section 24 of the Act by the Chairman;

(b) In any other case by the appointing authority :

Provided that no such order relating to an employee holding a post referred to in clause fa) of sub- section fl) of section 24 of the Act shall have effect until it is approved by the Central Govern- ment,

(3) An employee shall bo deemed to have been placed

under suspension by an order of appointing authority—

(a) with effect from the date of his detention, if he h detailed in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eifiht hours;

(h) with effect from the date of his conviction if in the event of a conviction for an offence, he is sen- tenced to n term of imprisonment exceeding fortv- eight hours and is not forthwith dismissed or re- moved or compulsorily retired consequent to such conviction.

Explanation.—The period of forty-eight houra referred to in clause (b) of this sub-rcgulMion shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.

f4) Where a penalty of dismissal, removal or compulsory retirement from' service imposed upon an employee under suspension is set aside in appeal or on review under these regulations and the case is remitted for further inquiry or nction or with any other directions the order of his suspen- sion shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or com- pulsory retirement and shull remain in force until further orders.

(5) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is set aside or declared or rendered void in consequence, of, or by, a decision of a court of law, and the disciplinary autho- rity on a consideration of the circumstances of the case, de- cides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be

deemed to have been placed under suspension by the autho- rity competent to do so from the date of the original order of dismissal removal or compulsory retirement and shall continue to remain under suspension until further orders.

(6) (a) An order of suspension made err deemed to have been made under this regulation shall continue to remain in force until it id modified or revoked by the authority com- petent to do so.

(b) Where an employee is suspended or is deemed to have been suspended, (whether in connection with any dis- ciplinary proceeding or otherwise), and any other discipli- nary proceeding is commenced against him during the con- tinuance of that suspension, the authority competent to place him under suspension may for reasons to be recorded by him in writing, direct that the employee shall continue to be under suspension until the termination of all or any of such proceedings.

(7) An order of suspension made or deemed to have been made under this regulation shall continue to remain in force until it is modified or revoked by the authority com- petent to do, ov by any authority to which that authority li subordinate.

PART V—Discipline

8. Pcnalties._The following penalties may, for good and sufficient reasons und as hereinafter provided, be imposed on an employee, namely :—

Minor Penalties :

(i) Censure;

(ii) Withholding of his promotion.

(iii) Recovery from his pay of the whole or part oi any pecuniary loss caused by him to the Board by negligence or breach of orders;

(iv) Withholding of increments of pay ;

Major penalties :

(v) Reduction to a lower stage In a time-scale of pay for a specified period with further directions as to whether or not the employee will earn increments of pay during the period of such reduction and whether or not the employee will earn increments will or will not have the effect of postponing the future increments of his pay ;

Cvi) Reduction to a lower time-9cale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the employee to the time-scale of pay ; grade, post or service from which he was reduced with or without further direction regard- ing conditions of restoration to the grade or post, or service from which the employee was reduced and his seniority and pay on such restoration to that (jrade, post or service ;

(vii) Compulsory retirement;

(viii) Removal from service which shall not be a disquali-

fication for further employment;

(ix) Dismissal from service which shall ordinarily be

a disqualification for future employment.

Explanation.—The following shall not amount to a

penalty within the meaning of this regulation, namely :—

(i) Withholding of increments of an employee for failure to pass a departmental examination in accordance with the regulations or orders governing the post or the terms of his appointment ;

(ii) Stoppage of an employee at the efficiency for failure time scale on the ground of his unfitness to cross the bar ;

(iv) Reversion to a lower grade or post of an employee officiating in a higher grade or post on the ground that he is considered, after trial, to be unsuitable for such higher grade or post or on administrate e grounds unconnected with his condiut;

(v) Reversion to his permanent grade or posL of an employee appointed on probation to another grade or post during or at the end of the period of proba- tion in accordance with the terms of his appoint- ment or the regulations and orders governing proba- tion ;

(vi) Replacement of the services of an employee whose services have been borrowed from the Central or a State Government or an authority under the control of the Central or a State Government fit the disposaf of the authority which had lent hi¹! services;

(vii) Compulsory retirement of an employee in accor- dance with the provisions relating to his superan- nuation or retirement;

(viii) Termination of the services :—-

(a) of an employee appointed on probation during or at the end of the period of probation in accord- dance with the terms of his appointment or the regulations and orders governing probation ; or

(b) of an employee employed under an agreement in accordance with the terms of such agreement;

(c) of a temporary employee under rule 5 of Tuti- corin Port Employees (Temporary Service) Regulations, 1979.

9. Disciplinary authorities,—The authorities mentioned in the Schedule shall be competent to impose the penalties on the employees of different grades and services as indicated in the said Schedule.

10. Procedure for imposing major penalties.—(1) No order imposing any of the penalties specified in clauses (v) to (ix) *of regulation 8 shall be made except after an inquiry held, as far as may be, in the manner provided in this regulation and regulation 11.

(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or mis-behaviour against an em- ployees, it may itself inquire into, or appoint an authority to inquire into, the truth thereof.

Explanation.—Where the disciplinary authority itself holds the inquiry, any reference in sub-reguFation (7), sub-regula- tion (20) or sub-regulation (22) to the inquiring authority shall be construed as a reference to the disciplinary authority.

(3) Where it is proposed to hold an inquiry against an employee under this reguFation or regulation 11, the disci- plinary authority shall draw up or cause to be drawn up—

(i) the substance of the imputations of misconduct or misbehaviour Into deflnltes and distinct articles of charge ;

(ii) a statement of the imputation of misconduct oi misbehaviour in support of each article of charge, which shall contain—

(a) a statement of all relevant facts including any admission of confession made by the employee ;

(b) a list of documents by which, and a list of wit- nesses by whom, the articles of charge are pro- posed to be sustained.

(4) The disciplinary authority shall deliver or cause to be delivered to the employee a copy of the article of charge, the statement of the imputations of misconduct or misbe- haviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall re- quire the employee to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.

(5)(a) On receipt of the written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as arc not admitted or if it considers it necessary so to do, appoint, under sub-regulation (2), an inquiring authority for the purpose, and where all the articles of charge have been admitted by I he employee in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act In the manner raid down in re- gulation 11.

(b) If no written statement of defence issubmitted by the employee the disciplinary authority may itself inquire into the articles of charge or may, if it considers it necessary so to do, appoint under sub-regulation (2), an inquiring authority for the purpose.

(c) Where the disciplinary authority itself inquires into any articles of charge or appoints an inquiring authority for holding an inquliy into such charge, it muy, by an order, appoint any person to be known as the "Presenting Officer" to present on its behalf the case in support of the articles of charge.

(6) The disciplinary authority shall wheic it is not the

inquiring authority, forward to the inquiring authority

(i) a copy of the articles of charge and the statement of tne imputations of misconduct or misbehaviour ;

(ii) a copy of the written siatement of defence, if any,

submitted by the employee ;

(iii) a copy of the statements of witnesses, if any referred

to in sub-regulation (3) ;

(iv) evidence providing the delivery of the documents referred to in sub-regulation (3) to the employee ; and

(vj a copy of the order appointing the "Presenting

Officer".

(?) The employee shall appear in person before the in- quiring authority on such day and at such time within ten working days from the date of receipt by him of the articles of charge and the Statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing, speciiy in this behalf or within such further time, not exceeding ten days, as the inquiring authority may allow.

(8) The employee may take the assistance of any other employee to present the case on his behalf, but shall not engage a legal practitioner for the purpose unless the Present- ing Officer appointed by the disciplinary authority is a legal practitioner or the disciplinary authority having regard to the circumstances of the case, so permits.

Note : —The employee shall not take the assistance of any employee who has two pending disciplinary cases in which he has to give assistance.

(9) If the employee who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he plends guilty to any of the articles of charge, ihc inquiring authority shall record the plea, sign the recor dand obtain the signature of the employee thereon.

(10) 'Ihe inquiring authority shall return a finding of guilt in respect of those articles of charge to which tho employee pleads guilty.

(11) The inquiring authority shall, if the employee fails to appear wiihin the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a Inter date not exceeding thirty days, after recording an order that the employee may, for the purpose of preparing his defence —

0) inspect within five days nf Ihe order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in tho fist referred to in sub-regulation (3) ;

(ii) submit a list of witnesses to be examined on his

behalf;

Note :—If the employee applies orally or in writing for the supply of copies of the statements of wit- ness mentiuned in the list referred to in sub- rcgulation (3), the inquiring authority shall, fur- nish him with such copies as early as possible and in any case not later than three days beforo the commencement of the examination of the wit- nesses of the disciplinary authority.

(iii) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow, for the dis- covery or production of any documents which arc in the possession of the Board but not mentioned in the list referred to in sub-regulation (3).

Note :—The employee shall indicate in the notice the rele- vance of the documents required by him to be dis- covered or produced by the Board.

(12) The inquiring authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition ;

Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.

(13) On receipt of the requisition referred to in sub- regulation (12), every authority having the custody or pos- session of the requisitioned documents shall produce the same before the inquiring authority :

Provided that if the authority having the custody or pos- session of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the interest of the Port Trust, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the employee and withdraw the requisition made by it for the production or discovery of such documents.

(14) (a) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority.

(b) The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the employee.

(c) The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross- examined, but not on any new matter, without the leave of the inquiring authority.

(d) The inquiring authority may also put such questions

to the witnesses as it thinks fit.

(15) (a) If it appears necessary before the close of the case on the side of the disciplinary authority, the inquiring autho- rity may, in itt> discretion, allow the Presenting Officer to produce evidence not included in the list given to the em ployee or may itself call for new evidence or recall and re- examine any witness and in such case the employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an ad- journment of the inquiry for three clear days before the pro- duction of such new evidence, exclusive of the day of ad- journment and the day to which the inquiry is adjourned.

(b) The inquiring authority shall give the employee an opportunity of inspecting such documents before they are taken on the record.

(c) The inquiring authority may also allow the employe* to produce new evidence, if it is of the opinion that the pro- duction of such evidence is necessary in the interest of justice.

Note :—New evidence shall not be permitted or called foi and no witness shall be recalled to fill up any gap in the evrience. Such evidence may be called for only when there is an Inherent lacuna or defect in the evidence which has been produced originally.

(16) (a) When the case for the disciplinary authority i.s closed, the employee shall be required to state his defence, orally or in writing, as he may prefer.

(b) If the defence is made orally, it shall be recorded and the employee shall be required to iign the record, in eithei case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.

(17) (,a) The evidence on behalf of the employee shall then be produced and the employee may examine himself on hi* aide if he so prefers.

(b) The witnesses produced by the employee shall then be examined and may be cross-examined on behalf of the disciplinary authority.

(18) The inquiring authority, may, after the employee closes his case, and shall, if the employee has not examined himsell, generally question him on the circumstances appear- ing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.

(19) The inquiring authority may, after the completion oi the production of evidence, hear the Presenting Officer, if any. appointed, and the employee, or permit them to file written briefs of their respective cases, if they to desire.

(20) If the employee to whom a copy of the articles of charge has been delivered, does not submit the written state- ment of defence on oi before the date specified for the pur- pose or does not appear in person before the inquiring autho- rity or otherwise fails or refuses to comply with the provisions of this regulation, the inquiiing authority may hold the inquiry cx-partc.

(21) (a) Where a disciplinary authority competent to impose any of the penalties specified in clause (i) to (iv) of regulation 8 but not competent to impose any of the penalties specified in clauses (vj to (ix) of regulation 8, has itself inquired into or caused to be inquired into the articles of any chaigc and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in clauses l,v) to (ix) of regulation 8 should be imposed on the employee, that authority shall forward the records of the inquiry to such disciplinary autho- rity as is competent to impose the last mentioned penalties.

(b) The disciplinary authority to which the records arc so forwarded may act on the evidence on the record or may. if it is of the opinion that further examination oi any of the witnesses i& necessary in the interests of justice, recall the witness and examine, crossHSxamine and re-examine the witness and may impose on the employee such penalty as it may deem fit in accordance with these regulations.

(22) Whenever any inquiring authority, after having heard and recorded the whole or any part oi the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeed- ed by another inquiring authority which has, and which exer- cises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, oi partly recorded by its predecessor and partly recorded by itself ;

Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as herein before provided

(23) (i) After the conclusion of the inquiry, a report shall

be prepared and it shall contain—

fa) the articles oi" charge and the statement pf imputa-

tions of miN-conduct or mis-behaviour ;

(b) the defence of the employee in respect of each arti-

cle of charge ;

(c) an assessment of the evidence in respect of each

article of charge;

(d) the findings on each article of charge and the reasons

therefor.

Explanation.—If in the opinion of the inquiry authority, the proceedings of the inquiry establish any article of charge different from the original articles of charge, it may record its findings on such article of charge :

Provided that the findings on such article of charge shall not be recorded unless the employee has either admitted the facts on which such article of charge is based or has a reason- able opportunity of defending himself against such article of charge.

(ii) The inquiring authority, where it is not itself the dis- ciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include—

(a) the report prepaied by it under clause (i) ;

(b) the written statement of defence, if any, submitted

by the employee ;

(c) the oral and documentary evidence produced in the

course of the inquiry ;

(d) the written briefs, if any, filed by the Presenting Officer or the employee or both during the course of inquiry ; and

(ej the orders, if any, made by the disciplinary authority

and the inquiring authority in regard to the inquiry.

11. Action on the inquiry report.—The disciplinary autho- i ity, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of regulation 10 as far as may be.

(2) The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and records its own findings on such charge, if the evidence on record is sufficient for the purpose.

(3) If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of regulation 8 should be imposed on the employee, it shall notwithstanding any thing contained in regulation 12 make an order imposing such penalty.

(4) If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (v) to (ix) of regulation 8 should be imposed on the employee, it shall make an order imposing such penalty and it shall not be necessary to give the employee any opportunity of making representation on the penalty proposed to be imposed on the basis of the evidence adduced during the inquiry ;

Provided that in every case where it is necessary to cou- sult the Central Government the record of the inquiry shall be forwarded by the disciplinary authority along with iti recommendations to the Central Government for passing order.

12. Procedure for Imposing Minor Penalties :—(1) No order imposing any of trie penalties specified in clauses (i) to (iv) of regulation 8 shall be passed except after—

(a) Informing in writing the employee of the proposal to take action against him and of (he allegations on which it is proposed to be taken and giving him an opportunity to make any representation he may wish to make against the proposal ;

(b) holding an inquiry in the manner laid down in sub- regulations (3) to (23) of regulation 10, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary ;

(c) taking the representation, if any, submitted by th" employee under clause (a) and the record of in- quiry, if any, held under clause (b) into conside- ration;

(d) recording a finding on each imputation of mis-

conduct or misbehaviour; and

(c) consulting the Centarl Government where such con

sultation is necessary.

(2) The record of the proceedings of such cases shall in-

clude—

(i) a copy of the intimation to the employee of the

pioposal to take action against him ;

(11) a copy of the statement of imputations of miscon-

duct oi misbehaviour delivered to him.

(iii) his representation, if any ;

(iv) ihe evidence produced during the inquiry ;

(v) the advice of the Central Government, if any ;

(vi) the findings on each imputation of misconduct or

misbehaviour ; mid

(vii) the orders on the case together with the reasons

therefor.

(3) Notwithstanding anything contained in clause (b) of sub-regulation (1), ii in a case it is proposed, after consi- dering the representation, if any, made by the employee under clause (u) of that sub-regulation to with-hold increments of pay anj such withholding of increments is likely to allect adversely the amount of pension payable to the employee or to withhold increments of pay for a peiiod exceeding thlee yeais oi to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-regulations (3) to (23) of regulation 10, before making an order imposing on the employee any such penalty.

13. Communication of orders.—Orders made by the dis- ciplinary authority shall be communicated to the employee who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authority, and a copy oi' its Iindings on each article of charge, or where the disciplinary authority is not the inquiry authority, a copy of the report of the inquiring authority and a state- ment of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of Ihe inquiring authority (unless they have already been supplied to him).

14. Common proceedings.—(1) Where two or more em- ployees arc concerned, in any case, the Chairman or the authority competent lo impose a penalty of dismissal from service on all such employees may make an order directing that disciplinary action against all of Ihcm may be taken in a common proceeding.

Note :—1L the authorities competent to impose the penalty of dismissal on such employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the other authorities.

(2) Subject to the provisions of sub-section (1) of section 25 of the said Act, and regulation 9, any such order shall specify—

(i) the authority which may function as the disciplinary

authority foi I he puipose of such* common proceed- ings*

(ii) the penalties specified in regulation 8 which such disciplinary authority shall be competent to impose: and

(iii) whether the procedure prescribed in regulations 10 and 1 1 oi regulation 12 or regulation 17 may be followed in the proceeding,

15. Special procedure in certain cases.-—Notwithstanding;

anything contained in regulations 10, 12 and 14 —

(i) wheie a penally !•> imposed on an employee on the ground of conduct which had led to his con- viction on a criminal charge, or

(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing it is not reasonably practicable to hold an inquiry in !'i- manner provided in these regulations ; or (iiil where ihe Chairman is satisfied that in the inte- rest of the security of the port it is not expedient to follow such procedure, the disciplinary authority may consider the circumstances of the case and pass such orders thereon us it deems fit ;

Provided that the approval of the Central Government shall be obtained for passing such orders in relation to an employee referred to in clause (a) of sub-section (1) of section 24 of the said Act.

16. Provisions regarding officers lent by the Board.— (I) Where the services of an employee are lent by the Boaid to ii State or Central Government or an authority subordinate to them or to a local or other authority (here- inafter in this regulation referred to an "the borrowing authority"), the borrowing authority shall have the powers of the appointing authority for the purpose of placing such employee under suspension and of the disciplinary authority for the purpose of conducting a discipilinary proceeding against him :

Provided that the borrowing authority shall forthwith inform the Board of the circumstances leading to the order oC suspension of sucn employee or the commencement of the disciplinary proceedings ; as the case may be.

(2) In the light of the findings in the disciplinary proceed-

ings conducted against an employee —

(i) if the borrowing authority is of the opinion that any of the penalties specified in clauses (I) to (iv) of regulation 8 should be imposed on the employee, it may, after consultation with the Board, make such orders on the case as it deems necessary :

Provided that in the event of a difference of opinion between the borrowing authority and the Board, the services of an employee shall be repl- aced at the disposal of the Board.

(ii) it the borrowing authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of regulation 8 should be imposed on the employee, it shall replace his services at the disposal of the Board and transmit to it the proceedings of the inquiry and thereupon the Board may, pass such orders as it may deem necessary .

Provided that before passing any such order the disciplinary authority shall comply with the pro- visions of these regulations.

Explanation :—The disciplinary authority may make an order under this- clause on the record of the inquiry trans- mitted to it by fhe borrowing authority, or after holding such further inquiry as it may deem necessary as far as may be, in accordance with regulation 10.

17. Provisions regarding officers borrowed by the Board :— (1) Where an order of suspension is made or a discipli- nary proceeding is taken against an employee whose services have been borrowed from the Central Government or a State Government or an authority subordinate thereto or a local or other authority, (he authority lending his services (hereinafter in these regulations referred to as Ihe "lending authoiity)" shall forthwith be informed of the circumstances leadinK lo the order of his suspension or the commencement of the disciplinary proceedings as the case may be.

(2) In (he light of the findings in the disciplinary pro-

ceedings taken against the employee —

(i) if it is decided that any of the penalties specified in clauses (i) to Civ) of regulation 8 should be imposed on him the disciplinary authority may subject to the provisions of sub-regulation (3) of regulation 11, after Consultation with the lending authority pass such orders on the case as it deems necessary ;

Provided that in the event of a difference of opinion bet- ween the borrowing authority and the lending authority the services of the employee shall be replaced at the disposal of the lending authority.

(ii) if the disciplinary authority is of the opinion that any of the penalties specified in clause (v) to (ix) of regulation 9 should be imposed on the employee,

it shall replace his services at the disposal or trie lending authority and transmit it with the procee- d ngs of tbe inquiry tor such action as it deems necessary.

PART VI—APPEALS

18. Orders made by Central Government not appealable :— Notwithstanding anything contained in this part, no appeal shall lie against (i) any order made with the approval of the Central Government ; (ii) any order passed by an in- quiring authority in the course of an inquiry under r e f- lation 10.

19. Appeals against orders of suspension :—An employee may appeal against an order of suspension to the authority to which the authority which made or is deemed to have made the order is immediately subordinate.

20. Appeals against orders imposing penalties.—(1) The authorities mentioned in the schedule shnll be competent to entertain appeals against the orders imposing the penalties indicated in the Schedule,

(2) Any employee of a Board aggrieved by an order in- volving his reduction in rank, removal or dismissal may, within the time mentioned in regulation 22 and in the manner laid down in regulation 23 prefer an appeal —

fa) to the Central Government, where such order is

passed by the Chairman ;

(b) to the Chairman, in any other case :

Provided that where the person who made the order appealed against becomes, by virute of his subsequent appointment the appellate authority in lespect of such order, an appeal against such order, shall lie to the Central Governicnt and the Central Government in relation to that appeal shall be deemed to be the appellate authority for the pur- poses of this regulation,

21. Appeals in ther cases.—An appeal against an order—

fa) stopping an employee at the efficiency bar in the time scale on the ground of his un-fitness to cross the bar ;

(b) reducing or withholding the pension or denying the

maximum pension admissihle to the employee;

(c) determining the pay and allowances for the period of suspension to be paid to an employee on his re- instatement or determining whe'her or not such period shall be treated as a period spent on duty for any purpose; and

(d) reverting to a lower grade or post an employee offi- ciating in a higher grade or post otherwise than as a penalty; shall lie, in the case of an order made in respeel of any employee, to the authority to whom an appeal :ig;iinst nn order imposing upnn him the penalty of dismissal from service, would lie.

Explanation.—In this regulation—

(i) "employee" includes a person who has ceased to be

in the employment of the Board ;

fii) "pension" includes additional pension, gratuity and

any other retirement benefit.

22. Period of limitation for appeals.—No appeal preferred under this Part shall be entertained unless such nppeal is preferred within n period of foity-fivc days from the date on which u uipy of the order appealed against is delivered to the appellant ;

Provided that the appellate authority mny enlertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient causes for not preferring the appeal In time.

23. Form and contents of appeals.—fl) Every person pre- ferring an appeal shall do so separately and in bis own name.

(2) The appeal shall be addressed to the authority to whom ihe appeal lies, shall contain all material statements and argu- ments on which the appellant relics, shall not contain any dis- rcspcc'ful or improper language and shall be complete in it-

self.

24. Submission of appeals..—Every appeal shall be submitted through Ihe authority which made the order appealed against:

Provided that a copy of the memorandum of appeal may

bo submitted direct to the appella'e authority,

25. Withholding of appeals.—(I) The authority which made

ihe order appealed against may withho'd the appeal If—

(i) it is an appeal against an order from which no appeal

lies; or

lii) it does not comply wi'h uny of the provisions of regu-

lation 2fl ; or

uiij it is not submitted within the period specified in regu-

lation 22 and no cause is shown for the delay ; or

tiv) it is a icprcsentation of an appeal already decided and

no new facts or circumstances are adduced :

Piovided that an appeal withheld on the ground only that ll does not comply with the provisions of regulation 23 shall be returned to the appellant and if it is re-submitted within one month thereof after compliance of the said provisions, shall not be withheld,

(2) Where an appeal is withheld, the appellant shall be

rnfoimed of the facts and the reasons therefor.

(3) M the commencement of each quarter, a lisl of appeals withheld by any authority during the previous quarter to- gether with the reasons for withholding them shall be fur- nished by thai authority to the appellate authority.

26. Transmission of appeals.—(1) The authority which made the order appealed against shall, without any avoidable delay, transmit to the appellate authority every appeal which is not withheld under regulation 25 logether with its comments thereon and the relevant records.

(2) The authority to which (he appeal lies may direct trans- mission to it of any appeal withheld under regulation 25 and thereupon such appeal shall be transmitted to that authority together with the comments of the authority withholding the uppcnl and the relevant records.

27. Consideration of appeal.—(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of regulation 7 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

(2) In the case of an appeal against an order imposing any of the penalties specified in regulation 8 or enhancing any penally imposed under the said regulation, the appellate autho- rity shall consider—

(a) where the procedure laid down in those regulations has been complied with, and if not, whether such non-compliance has resulted in denial of justice;

(b) whether the findings of the disciplinary authority are warranted by the evidence on the record ; and (c) whether the penalty imposed is adequate, inadequate

or service; and pass orders —

(i) confirming, enhancing, reducing, or setting aside the

penalty ; or

lli) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case:

Provided that—

(i) if the enhanced penalty which the appclla c authority proposes to impose is one of the penalties specified in clauses fv) to fix) of regulation 8 and an inquiry

under regulation 10 has not already been held in Llie case, the appellate authority shall, subject to the provisions of regulation 15, itself hold such inquiiy or direct that such inquiry be held in accordance with the provisions of regulation 10 and thereafter on a consideration of the proceedings of such, in- quiry and aEter giving the appellant a reasonable opportunity, as far as may be in accordance with the provisions of sub-regulation (4) of regulation 11 of making a representation against the penalty proposed on the basis of Ihc evidence adduced during such inquiry, make such orders as it may deem fit ;

UiJ if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of regulation 8 and an inquiry under regulation 10 has already been held in the case, the appellate authority shall, after giving (he appellant a reasonable opportunity as far as may be in accord- ance with the provision of sub-iegulation (4) of regu- lation 11, of making a representation Jgainst the penally proposed on the basis of the evidence adduc- ed during such enquiry ; make such orders as it may deem fit; and

fiii) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given j reasonable opportunity, as far as may be in accord- ance with the provisions of regulation 10, of makins a representation against such enhanced penalty.

(3) In an appeal against any order specified in regulations 19 to 21, the appellate authority shall consider all the cir- cumstances of the case and make such orders as may deem just and equitable.

28. Implementation of orders in appeal.—The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

PART VII—Review

29. Review.—(1) Notwithstanding anything contained In

these regulations—

(i) the Central Government; or

(ii) the Board ; or

(iii) the Chairman ; or

(iv) the appellate aiithoiily, within six months of the date of the orders proposed to be reviewed, or

(v) any other authority, specified in this behalf by the Board by a general or special order, and within such time as may be prescribed in such general or special order :

mny at any time either on his or iis own motion or otherwise call for the records of any inquiry and review any order m;ide under these regulations from which no appeal is allowed, but no appeal has been preferred or from which no appeal is allowed after consultation with the Central Government where such consultation is necessary and m a y-

fa) confirm, modify or set aside the order; or

(c) remit the case to the authority which made the outer or to any other authority directing such authority to make such iurthcr inquiry as it may consider proper h) the circumstances of the case ; ot

(d) pa-.s such other orders as it may deem fit:

Provided that no order imposing or enhancing any penalty shall he made by any reviewing authority unless ihe employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in clauses iv) to (i.\) of regulation 8 or to enhance the penally imposed by the order sought to be reviewed to any of the penalties specified in these clauses; no such penalty shall be imposed except after an inquiiy in the manner laid down in regulation 10 and after giving a reasonable opportunity to the employee concerned of showing cause against the penalty proposed on the evidence adduced during the inquiry and except after consultation with the Central Government where such consul- tation is necessary :

Provided further that no power of review shall be exercised by the Chairman, or any other authority specified in clause (iv) of sub-regulation (1) as the case may be, unless—

(i) the authority which made the order in appeal; or 'ii) the authority to which an apjieal would lie, where no

appeal h:r* been preferred, is subordinate to him.

(2) No proceedings for review shall be commenced until

after—

(i) the expiry of the period of limitation for an appeal ;

or

(ii) the disposal of the appeal, where any such appeal

has been preferred.

(3) An application for review shall be dealt with in the tame manner as if it were an appeal under these regulations.

PART VIIf—Miscellaneous

30. Service or orders notices, etc.—Every order, notice and other process made or issued under these regulations shall be served in person on the employee concerned or com- municated to him by registered post:

Provided that if a notice oi order or other process made or issued under these regulations sent by registered post is refused by the employee it shall bo deemed to have been served on him.

31. Power to relax time limit and condone delay. Save as otherwise expressly provided in these regulations, the authority competent under Ihese regulations to make any order may, for good and sufficient reasons or if, sufficient CHUSC is shown, extend the time specified in these regulations for anything required to be done under these regulations or condone anv delay.

32. Interpretation. -Where a doubt arises as to whether any authority is sub-ordinate to, or higher than, any other authority or as to the interpretation of any of Ihe provisions of these regulations, the matter shall be referred to the Cen- tral Government for its decision.

SCHEDULE

(See regulations 2(b), 2 (f) 6, 9 and 20)

Appointing Authority

Description of post

Appellate Authority

Authority competent to impose penalties which it may impose [with reference to clauses (i) to (ix) in regulation 8]

Authority

1

2

3

Central Government after consultation with the Chairman.

[I. Posts covered by clause (a) of sub-section (1) of section 24 of the Major Port Trusts Act, 1963.]

Penalties

4

5

(i) to (iv) (v) to (ix)

Central Government Central Government

(a) Chairman (b) Chairman with prior approval of Central Government

All

Central Government II. Classes I and 11 posts [other than those covered by clause (a) of sub-sec- tion 1 of section 24 of the Major Port Trusts Act, 1963].

Head of a Department

i n. Class III

Head of Department

All Chairman

Head of a Department

IV. Class IV

Head of a Department All Chairman]

[PET—67/78] D. K. JAIN. Joint Secy.

1208 GI/78—7

1208 GI/78—8

1208 GJ/78—9

G.S.R. 102(E).—In exercise of the powers conferred by sec- tion 126 read with section 28, of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby makes the following regulations, namely ;

1. Short Title and Commencement : (1) These regulations may be called the Tuticorin Port Employees (Leave) Regula- tions, 1979.

2. They shall come into force on 1st day of April, 1979.

2, Application : These regulations shall apply to all per- sons who are employed in the service of the Board on or after the commencement of these regulations.

3. Definitions : In these regulations, unless the context

otherwise requires :

(a) "commuted leave" means leave taken under regu-

lation 23,

(b) "competent authority" means the authority to whom powers have been delegated by the Board in this regard ;

(c) "completed year of service" and "one year's service" means continuous of the specified dura- tion under the Central Government of Erstwhile Tuticorin Minor Port Trust or the Board and in- cludes the period spent on duty as well ae on leave including extra-ordinary leave.

(d) "earned leave" means leave earned in respect of

periods spent on duty ;

(e) "earned leave due" means the amount of earned leave to the credint of an employee on the date of commencement of these regulations under the rules in force prior to that date plus the amount of earned leave calculated under regulation 21 di- mished by the amount of earned leave taken on or after the commencement of these regulations ;

(f) "employee" means an employee of tho Board ;

(g) "employee in permanent service" means an employee who holds substiintively a permanent post or who holds a lien on a permanent post or who would hold a lien on a permanent post had the lien not been suspended ;

(hj "employee in qunsi-pcriminent service" means an employee who has been declared quasi-permanent under the relevant rules ;

(i) "half pay leave" means leave earned in respect erf

completed years of service ;

(j) "half pay leave due" means the amount of h.'.lf pay leave, calculated under regulation 22 for the entira service, diminished by the amount of half-pay leave on private affairs and on medical certificate, taken b;foic the commencement of these regulations and half pay leave taken on or after that date;

(k.) "leave¹" includes earned leave, half pay leave, com- muted leave, leave not due and extra-ordinaiy leave;

ill) words and expressions used herein and not defined but defined in the Major Port Trusts Act, 1961 (38 of 1963), shall hike the meanings, respectively, assigned to them in that Act

t:\planation :

The period of suspension of an employee which is treated as dies non, should be reckoned as service for the purpose of these regulations.

4. Employees on transfer or on foreign service.—(1) The employees to whom these regulations apply shall con- tinue to be governed by these regulations while on temporary transfer to the State or Central Government or while on foreign service within India.

(2) In the case of cnpolyees on foreign service outside India (including service with U. N. Agencies within or outside Tndia) or on temporary transfer to the ;umed 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 may be.

5. Right to leave.—Leave cannot be claimed as of right. The aulnority empowered to grunt leave shall have discretion to Brant leave or to refuse or revoke leave at any time according to the exisgencies of the Board's service, but it shall not be open to that authority to alter the kind of leavte due and applied for except at the written request of the em- p'oyec.

6. Regulation of claim to leave.-—An employee's claim to leave is regulated by the regulations in force at the time the leave is applied for and granted.

7. Effect of dismissal or removal or resignation on leave at credit,—(ll Fxcept as provided in sub-regulation (2), anv claim to leave at the credit of an employee who is dismissed or removed or who resigns from Board's service ceases from the date of such dismissal or removal or resignation.

(2) An employee who is dismissed or removed from service and is re-instated on appeal or revision, shall be entitled to count for leave his service prior to dismissal or removal, as the case may be.

E. Commutation of one kind of leave into another.—(1) At the request of an employee the authority which granted him leave may commute it retrospectively into leave of a different kind which was dvK and admissible to him at the time the leave was granted, but the employee cannot claim such com- mutation as a matter of right.

(2) The commutation of one kind of leave into another shall be subject to adujstment of leave salary on the basis of leave finally granted to the employee, that is 1o say, any amount paid to "him in excess shall be recovered or any arrears due to him shall be paid,

Note : Extra-ordinarv leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due subject to the provisions of regulation 9. Combination of different kinds of leave.—Except as otherwise provided in these regulations, any kind of leave under these regulations may be granted in combination with or in continuation of any other kind of leave.

Explanation : Casual leave which is not recognised as leave under these regulations shall not be combined with any other kind of leave admissible under these regulations.

10. Maximum amount of continuous leave.—Unless the Board, in view of the exceptional circumstances of the case, otherwise determines, no employee shall be granted leave of any kind of or a continuous period exceeding five years.

11. Application for leave.—Any application for leave or for extension of leave shall be made in Form 1 to the authority competent to grant leave.

12. Leuve account—A leave account shall be maintained in Foini No. 2 foi each employee by the authority authorised by the Board.

13. Verification of title to leave.—(1) No leave shall be granted to an employee until a report regaiding its ndmissibility has been obtained from the authority maintaining the leave account.

(2) (a) Where there is reason to believe that the ob- taining of admissibility report will be unduly de- layed, the authority competent to grant leave may calculate, on the basis of available information, the amount of leave admissible to the employee and issue provisional sanction of leave for a period not exceed- ing 60 days.

(b) The grant of leave under this sub-regulation shall be subjet to verification by tho authority maintain- ing the leave account and a modified sanction for the period of leave may be issued where necessary.

Note : In the case of leave preparatory to retirement of refused leave, an undertaking for recovery of the leave sulaiy, it" any, paid in excess shall be taken from the employee,

14. Cirant of leave on medical certificate.—ill) An appli- cation for leave on medical certificate made by an employee shall be accompanied by a medical certificate in Form No. 3 given by the Ports Medical Officer defining as clearly as possible the nature and probable duration of the illness :

Provided that if the employee falls ill in places, where the Ports Medical Officer is not available medical certificate shall be obtained from any authorised medical attendant and in places where no uuthoirsed medical attendant is available the medical certificate shall be obtained from a Registered Medical practi- tioner.

(2) A Medical Officer shall not recommend the grant of leave if any case in which there appears to be no reasonable prospect that the employee concerned will ever be flt to resume his duties and in stich cases the opinion ihat the employee is permamently unfit for Board service shall be recorded in the medical certificate,

(3) The authority competent to grant leave may at its discretion secure a second medical opinion in case of certi- ficate issued by an authorised medical attendant or Registered Medical Practitioner by requesting the Port Medical Officer to have the applicant medically examined' on the earliest possible date.

(4) It shall be the duty of the Medical Officer referred to in sub-regulation (3) to express an opinion both as regards the facts of the illness and regards the necessity for Ihe amount of leave recommended and for that purpose he may either icquirc the applicant to appear before him or before a medical officer nominated by him.

(5) The grant of a medical certificate under this regulation docs riot ip itself confer upon the employee concerned any right to lcme; the medical certificate shall be forwarded to the authority competent to grant leave and order's of that authority awaited.

(6) The authority competent to grant leave may in its dis- cretion, waive the, production of a medical certificate in case of an application for leave for a period not exceeding three days at a time. Such leave shall not, however, be treated as leave on medical certificate and shall be debited against leave other than leave on medical grounds.

15 Leave to an employee who is unlikely to be fit to return to duty.—(1) (a) When ft medical authority has re- ported that there is no reasonable prospect that the em- ployee will ever be fit to return to dtuy, leave shall not neces- sarily be refused to such employee.

(b) The leave may be granted, if due, by authority compe-

tent to grant leave on the following conditions ;

(i) If the medical authority is unable to say with cer- tainty 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 a medical authority;

(ii) If an employee is declared by a medical authority to be completely and permanently incapacitated for further service leave or an extension of leave may be granted to him 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 six months.

(2) An employee who is declared by a medical authority to be completely and permanently Incapacitated for further service shall :

(a) if he is on duty, be invalided for service from the date of relief of his duties, which should be arranged without delay on receipt of the report of the medical authority if, however, he is granted leave under sub- regulation (1) he shall be invalided from service on the expiry of such leave ;

(b) if he is already on leave, be invalided from service on the expiry of that leave or extension of leave, if any, granted to him under sub-regulation (1).

16. Commencement and termination of leave.—Except as provided in regulation 17, leave ordinarily begins on tho day on which the transfer of charge is effected and ends on the day preceding that on which the charge is resumed.

17, Combination of holidays with leave.—(1) When the day, immediately preceding the day on which an employee's leave begins or immediately following the day on which his leave expires, is a holiday or; one of a services of holidays, the employee may be permitted to leave his 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 transfer or assumption of charge does not invoivo the handing or taking over of securities or of moneys other than a permanent advance.

(b) his early departures does not entail a correspondingly early transfer from another station of an employee to perform bis duties; and

(c) the delay in his return does not involve a corres- ponding delay in the transfer to another station of the employee who was performing his duties during his absence or in the discharge from Boards service trf a person temporarily appointed to it.

• M²^ °nuC o n d l t i on t he dePartl'nB employed remains respon-

sible for the moneys in his charge, the Head of Deaprtrnent may, In any particular case waive the application of clause (a) of the proviso to sub-regulation (1).

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

Note 1 : Compensatory leave granted in lieu of duty performed by an employee on Sunday or a Holiday for a full day may be treated as a holiday for the above purpose.

Note 2 : Prefixing and suffixing holidays to leave, other than leave on medical certificate, shall be allowed automatically except in cases where for administra- tive reasons permission for prefixing or suffixing holidays to leave is specifically withheld. In the case of leave on medical certificate, if the day on which an employee is certified medically fit for rejoining duty happens to be a holiday, he shall be automati- cally allowed to suffix such holiday (s) to his medical leave and such day(s) shall not be counted as leave.

18. Recall to duty before expiry of leave.—(1) All orders recalling an employee to duty before the expiry of his leave shall state whether the return to duty is optional or com- pulsory.

(2) Where the return to duty is optional, the employee

shall not be. entitled to any concession.

(3) Where the return to duty is oompulsory, the employee

shall be entitled:—-

(a) if the leave from which he is recalled is in India, to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw—

(i) travelling allowance under rules made in this

behalf for the journey; and

(ii) leave salary, until he joins his post, at the same rate at which he would have drawn it but for recall to duty;

(b) if the leave from which he is recalled is out of India, ti> count the time spent on the voyage, to India as doty for purposes of calculating leave, and to re- ceive—

(i) Leave salary, during the voyage to India and for the period from the date of landing in India to the date of joining the post at the same rate at which he would have drawn it but for recalled to duty;

(ii) a free passage to India;

(iii) refund of his passage from India if he has noi completed half the period of his leave by tho date of leaving for India as on recall, or three months, whichaver is shorter;

(iv) travelling allowance, under the rules for the time being in force, for travel from the place of landing in India to the place of duty.

19. Return From Leave :—(1) An employee on leave ihall not return lo duty before the expiry of the period of leave granted to him unless he is permitted to do so by the authority which granted him leave.

(2) Notwithstanding anything contained in sub-regulation (1) an employee on leave preparatory to retirement shall be precluded from returning to duty save with the consent of the authority competent to appoint him to the post from which he proceeded on leave preparatory to retirement.

(3) An employee who has taken leave on medical certificate may not return to duty until he has produced a madical certificate of fitness in Form No. 4 obtained from the Porti Medical Officer or Authorised Medical Attcndent or a Re- gistered Medical Practitioner.

(4) (a) An employee returing from leave is not entitled m the absence of specific orders to that affect, to resume as a matter of course the post which he held before going on leave.

(b) Such employee shall report his return to duty to the authority which gi anted him leave or to the authority, if any, specified in the order granting him the leave and await order.

Notc; An employee who bad been sutfering from tuberculosis may be allowed to resume duty on the basis of fitness certificate which recommends light work, for him.

Explanation :—(1) 'Registered Mediae! Practioner' for the purpose of this regulation shall include Regis- tered allopathic, Ayurvedic, Unani or Homeopathic Medical Practioners i.e. Registered Doctors, Vaids, Hakims and Homeopaths.

(ii) Notwithstanding anything contained in the preceding sub-paragraph the leave sanctioning authority, may in its discretion, either altogether waive the require- ments of a medical certificate or may accept a certificate from a Vaid, Hakims or a Homeopath in case of applications for leave on grounds of sickness for a period not exceeding 3 days a I a time. Such leave shall not however, be treated as leave on medi- cal certificate and shall be debited against leave other than leave on medical grounds.

20. Absence after expiry of leave.—(1) Unless 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 deleted against his leave account as through it were half pay leave to the extent such leave is due, the period in excess of such leave duo being treated as extraordinary leave.

(2) Wilful absence from duty after the expiry of leave will

render an employee liable to disciplinary action.

2J, Earned Leave And Calculation Of Earned Leave:— (1) (a) (i) An employee shall be entitled to earned leave at the rate of 30 days for each calender year.

(ii) The leave account of every employee shall be credited with earned leave in advance in two instalments of 15 days each on the 1st January and July ever yyear.

(iii) When an employee is appointed during the course of a calender year, earned leave should be credited to his leave account at the rate of 2£ days for each completed month of service which is likely to render in the calendar half year in which he is appointed.

Note;.—If an employee is appointed on the 13th March, the. number of complete months for his service in that httif year will be 3 and the credit will be 3x 2 £r- 7-i-days rounded to 8 days, if he is appointed on 20th April, the number of complete months will be only 2 and the credit will be 2 x 2J "= J days.

(iv) The credit for the half year in which an employee Is due to retire or resigns from the service shall be afforded only at the rate of 2^ days per completed calender month, uplo the date of retirement or resignation.

(vj 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 2j- days per completed calender month upto the end of the calender month proceeding the calender month in which he is removed or dismissed from service or dies in service.

(b) The leave at credit of an employee at the close of the previous half year shall be carried forward to the next hajf year, subject to the condition that the leave so carried for- ward plus the credit for the half year do not exceed the maximum limit of 180 day*.

(2) Subject fo the provisions of the regulations 5 and 29, the maximum earned leave that may be granted at a time shall be 120 days,

(3) If an employee has taken extraordinary leave during the previous half year, the credit to be afforded under sub- regulation (1) at the commencement of the next half year shall be reduced by 1/10 of the period of extraordinary leave availed of during the previous hull year subject to a maximum of 15 days.

(4) While affording credit of earning leave, tractions oi

a day shall be rounded oil to the nearest day.

22 Half Pay Leave:—(1) (a) An employee shall be entitl-

ted to half pay leave of 20 days in respect of each completed year of service.

(b) The leave due under clause (a) may be granted on

medical certificate or on private slinks;

Provided that in the case of an employee not in perms- rent empoyee or quasi-permanent employee no half pay leave may be granted unless the authority com- petent to grant leave has reason 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 incapneitated for fur- ther service by a medical authority.

(2) If an employee is on leave on the day in which he completes a year of service, he shall be entitled to half pay leave without having the return to duty.

23. Commuted leave :—(1) Commuted leave not exceeding half the amount of half pay leave duo may be granted on medical certificate to an employee subject to the following conditions :

(a) the authority competent to grant leave is satisfied that there is reasonable prospect of the employee re- turning to duty on its expiry;

(b) when commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due;

(c) the authority competent to grant leave obtains an undertaking from the employee that in the event of his resignation or retiring voluntarily from service he shall refund the difference between the leave salary drawn during commuted leave and thnt ad- missible dicing half pay leave.

(2j Half pay leave upto a maximum of 180 days may be allowed to be commuted during the entire service (without production of medical certificate) where such leave is utilised for an approved course of a study certified to be in the public interest by Ihe leave sanctioning authority.

(3) Where an employe* who hns been granted commuted leave resigns from service or at his request i;, 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 bo recovered ;

Provided that no such recovery bhall be made if the rc- t/rcment is by reason of ill-health incapacitating the emp oyee for further service or in the event of his death.

Note : Commuted leave may he granted at (he request

of the employee even when earned leave is due to him.

24. Leave not duo

(1) Save in the case of leave preparatory to retirement

leave not due muy be granted to an employee in permanent condition⁰/ ^a s i"p e r m a n e nt emri°y subject to the following

(a) the authority competent fo grant leave is satisfied, thai there is reasonable prospect of the employee return- ing to duty on its expiry;

tb) leave not due shall be limited to the half pay leave

nc ii likely fo earn thereafter;

fc) leave not due during the entire service shall be limited to a maximum of 360 days, out of which not more than 90 days at , time and 180 da™ in all ma> be otherwise than on medical certificate,

(d) leave not due shall be debited against the half pay

leave the employee may earn subsequently.

(2) Leave not due may be granted to te.npurarv employee-, wh0 a re sufferlnj from T. B., Leprosy, Cancer or Mental illneu for a period not exceeding 360 days durmg the entire

service subject to the fulfilment of conditions in clauses (a), (b) and (d) of sub-regulation (1) subject to the following further conditions :—

(i) that the employee has put in a minimum of one year

of service;

(ii) that the post from which the employee proceeds on leave is likely to last till his return to duty and;

(iii) that the request tor grant of such leave is supported by a medical certificate as envisaged in clauses (c) and (d) of sub-regulation (2) of regulation 25.

(3) (a) Where an employee who has been granted leave not due resigns from service or at his lequest per- mitted to retire voluntarily without returning to duty the leave not due shall be cancelled, his resignation or retirement taking effect from the date on which such leave had commanced and the leave salary shall be recovered.

(b) Where an employee who having availed himself of leave not due returns to duty but resigns or retires from service before he has earned such leave, he shall be liable to refund the leave salary to th* extent the leave has not been earned subsequently;

Provided that no leave salary shall be recovered under clause (.a) or clause (b) if the retirement is by reason of ill-health incapacitating the employee for further service or the event of his death,

25. Extra-ordinary leave :

(1) Extraordinary leave may be granted to the employee when no other leave is admissible, but the employee applies in writing for the grant of extraordinary leave.

(2) Unless the Chairman in view of the exceptional circum- stances of the case otherwise determines, no employee who is not in permanent employ or quasi-permanent employ, shall be granted extraordinary leave on any one occasion in excess of the following limits :—

(a) three months without medical certificate;

(.b) six months for common ailments, where the employee has completed one year's continuous service on the date of leave of the kind due and admissible under these regulations including three months extra- ordinary leave under clause (a) and his request for such leave is supported by a medical certificate as required by these regulations ;

(c) upto eighteen months on medical certificates where the employee who has completed one year's conti- nuous service is undergoing treatment for cancer, mental illness, pulmonary tuberculosis or plucrisy of tubercular origin tuberculosis of nny part of the body and leprosy;

(d) eighteen months, where the employee who has com- pleted one year's continuous service is undergoing treatment for —

(1) pulmonary tuberculosis or pleurisy of tubercular

origin, in a recognised sanatorium ;

NOTE : The concession of extra-ordinary leave upto eighteen months shall be admissible also to an employee suffer- ing from pulmonary tuberculosis or pleurisy of tubercular origin who receives treatment at his residence under a tuber- culosis specialist recognised as such by the State Administrative Medical Officer and produces a certificate signed by that specialist to the effect that he is under his tratement and thai he has reasonable chances of recovery on the expiry of the leave recommended.

ffi) tuberculosis of any other part of the body by a qualified tuberculosis specialist or a Civil Surgeon or Staff Sugcon, or

(iii) leprosy in a recognised leprosy institution or by a Civil Surgeon or Staff Surgeon or a specialist in leprosy hospital recognised as such by the State Administrative Medical Officer concerned.

(e) twenty-four months, where the leave is required for the purpose, of prosecuting studies certified to be in the public interest, provided the employee concern- ed has completed three years 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 (a).

(3) (a) Where an employee is granted extraordinary leave in relaxation of the provisions contained in clause (ej of sub-regulation (2), he shall be re- quired to execute a bond in Form No. 5 under- taking to refund to the board the actual amount of expenditure incurred by the Board during such leave plus that incurred by any other agency with interest thereon in the event of his not returning to duty on the expiry of such leave or quitting the service before a period of 3 years after return to duty.

(b) The bond shall be supported by sureties from two permanent employees having status comparable to or higher than that of the employee.

(4) Employees belonging to the Scheduled Castes oi the Schedule Tribes may, for the purpose of attend- ing the pre-examination Training Course at the centres notified by the Board from time to time, be granted extraordinary leave by Heads of Depart- ment in relaxation of the provisions of sub-re- gulation (2).

(5) Two spells of extraordinary leave, if intervened by any other kind of leave, shall be treated as one continuous spell of extraordinary leave for the purposes of sub-regulation (2).

(6) The authority competent to grant leave may comr mute retrospectively periods of absence without leave into extraordinary leave.

Explanation 1 : Technically, an employee on a casual leave is not treated as absent from stay, and his pay is not intermitted. Casual leave, however, must not be given so as to cause evasion of the rules regarding :—

(i) date of reckoning pay and allowances,

(ii) charge of office,

(Iii) commencement and end of leave,

(iv) return to duty or so as to extend the terms of leave

beyond the time admissible by regulation.

Explanation 2 : Special casual leave may be allowed to an employee for a period not exceeding 30 day.¹; in any one calender year. The period of absence in excess of 30 days should be treated regular leave of the kind admissible under the leave regulation"! applicable to the persons concerned. For this purpose employee may, as a special case, be permitted to combine special casual leave with regular leave. Special casual leave should not, however, be grant- ed In combination with ordinary casual leave.

Explanation 3 : The special casual leave may be allowed

only :—

(a) for undergoing sterlisation operations and for trade union activities recognised by the Board, and

(b) for participation in sporting events of national or international importance and when the employe? concerned is selected for such participation,

(i) in respect of international sporting events by anv National Sports Federation or Association re- cognised by the All Tndia Council of Sports end approved by the Ministry of Education, or

(ii) in respect of events of national importance, when the sporting event in which participation takes place, is held on an interzonal or inetr-circle-basis and the employee concerned takes part in the event in a team as a duly nominated representa- tive on behalf of the Port, State, 7xsne or Circle as the case may be,

The concession is not to be allowed for participating either in a national or international sporting event in which such participation of the employee concerned takes place in a personal capacity and not in a representative capacity,

26. Leave to a Probationer, Person on Probation Bnd an

Apprentice

( l ) ( a) A probationer shall be entitled to leave under

these regulations as if he had held his post sub- stantively otherwise than on probation.

(b) If, for any reason, it is proposed to terminate the services of a pobationer, any leave which may be granted to him shall not extend,

fi) beyond the date on which the probationary period as already sanctioned or extended expires, or

(ii) beyond any earlier date on which his services are terminated by the orders of an authority com- petent to appoint him.

(2) 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 hin appointment is against a temporary or a permanent post :

Provided that where such person already holds a lien on a permanent post before such appointment, he shall be entitled to leave under these regulations as a permanent employee.

(3) An apprentice shall be entitled to—

(a) leave, on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship :

(b) extraordinary leave under regulation 25,

27. Persons Reemployed after Retirement,

In the case of person re-employed after retirement the provisions of these regulations shall apply as if he had entered Board's Service for the first time on the date of his re-employment.

28. Leave Preparatory to Retirement :

(I) An employee may be permitted by the competent authority to take leave preparatory to retirement to the ex- tend of eamed leave due not exceeding 180 days as prescrib- ed in regulation 21 together with half pay leave due, subject to th© condition that such leave extends upto and includes the pay preceding the date of retirement.

Note : The leave granted as leave preparatory to retirement shall not include extra-ordinary leave.

29. Leave beyond the date of Retirement or QuittrnR of Service.—(1) Except as provided hereinafter, no leave shall oe granted to an employee beyond

(a) the date of his retirement, or

(b) the date of his final cessation of duties, or

(c) the date on which he retires by giving notice to the Board, or he is retired by the Board by giving Dim notice or pay and allowances In lieu or such notice, m accordance with the terms and conditions of his service, or

fd) the date of hin resignation from service, oi

(e) the date from which leave preparatory to retire-

TLZZZZIX73had *not *" "** (2) Where an employee has, in sufficient time, before

the date oi his retirement—

(a) formally applied for leave due as preparatory to retirement and the leave has been refused in whole or In part, or

(b) ascertained in writing from the authority competent to grant leave that such leave if applied for would not be granted.

on account of exigencies of public service, than he may be granted from the date of retirement, the amount of earned leave as denied. Increase by the amount of earned leave by him during the period between the date on which leave preparatory to retirement was to commence and the date of retirement, and decreased by such leave, if any availed of during the same period, subject to the maximum limit of 120 days.

Note : Compulsory retention inservice or recall, from leave preparatory to retirement shall be treated as constructive refusal of leave preparatory to re- tirement

(3) Where an employee who had been prevented from ap- plying for leave preparatory to retirement by reason of having been under suspension is reinstated within 180 days preceding thc date of retirement and in whose case the authority competent to order reinstatement holds that the suspension was wholly unjustified, he shall be allowed to avail himself of such leave as he was prevented from applying for subject to a maximum of 180 days.

(4) Where an employee, who retired from service on attaining the age of retirement while under suspension, was prevented from applying for leave prepartory to retirement on account of having been under suspension and In whose case the authority competent to order reinstatement holds that the suspension was wholly unjustified, he shall be allowed to avail himself of leave at his credit subject to a maximum of 180 days after the termination of proceedings as if it had been refused as aforesaid.

(5) Where the service of an employee has been extended In the interest of public service beyond the date of retire- ment, he may be granted eamed leave, subject to a maximum of 180 days as follows :—

fi) during the period of extension, any earned leave due In respect of the period of such extension tind to the extent necessary, the earned leave which could have been granted to him under sub-rrgula- tion (2) had he retired on the date of retirement,

(ii) after the expiry of the period of extension :

fa) the eamed leave which could have been granted to him under sub-regulation f2) had he retired on the date of retirement diminished bv the amount of such leave availed of during the period of extension; and

(b) any leave earned during the period of extension as has been formally applied for as nreparatory to final cessation of his duties in sufficient time during the extension and refused to him on account of the exigencies of the public service.

, , (⁶¹ An employee to whom, clause fc) of sub-rejnilatton [• aVrVV may ™ < t r a n t ed k aw due and admissible to him which mav extend bevond rh- date on which he retires or is rerlr-rl from oervicc but not e^ndina bevond the date on which he attains the atre of retirement :

Provided that fhe cmninvre, whn > retirrrt bv the Board by jrjvmc him n"v an* allowances in lieu of notice mav annlv for W, w Wn the period for which such w and allowances were tfver,. ar,d where h- h granted leave £ i , ! Te Th^ *!"" *e *"r™* o r fv for the period of leave' " " " "; rt"* "-nnrf for ,-hK-h n ,v r,fld allowance in lieu of notice have been allowed.

(7) Where th* servfo of PTI cmrjlovee. not In nermanent

employ, ^terminated by notice or bv pamen of ™v and

"^-io^ft"^^i£S

the terms and conditions of his appointment he may be

grouted earned leave to hie credit, subject to a maximum of 120 days, even though such leave extends beyond th" date on which he ceases to be hi service. If the employee himself resigns or quits service, he may be granted earned leave to the extent of half of such leave to his credit subject to a maximum of 60 days.

Provided that the leave so granted to such employee other than an employee re-employed after the date of retirement does not extend beyond the date of his retirement.

30. Cash Equivalent of leave salary in case of Death in Service.—In case an employee dies while in service, the cash equivalent of the leave salary that the deceased employee would have got has not gone on earned leave that would have been due and admissible to him but for the death on the date immediately following the death and in any case not exceeding leave salary for 180 days, shall be paid to his family.

Note : In addition to the cash equivalent of leave salary admissible under the regulation, the family of the deceased employee, shall also be entitled to pay- ment of dearness allowance as per orders issued in this behalf from time to time.

31. Encashment of Unutilised Earned Leave on the date of Retirement on superannuation.—The employees be paid cash equivalent of leave salary in respect of the period of earned leave at their credit at the time of retirement on superannuation subject to the following conditions :—

(a) the payment of cash equivalent of leave salary shall be limited to a maximum of 180 days earned leave;

(b) the cash equivalent of leave salary thus admissi- ble will become payable on retirement and will be paid in one lumrtsum as one time settlement;

(c) cash payment under this regulation will be equal to leave salary as admissble for earned leave nnd dearness allowance admissible on that leave salary at the rates in force on the date of retirement;

(d) the authority competent to grant leave shall

suo moto issue order granting cash •quivalent of earned leave at credit on the date of retirement.

Explanation.—This regulation shall not apply to cases Of premature or voluntary retirement under the New Tuti- corin Port employees (Retirement) Regulations, 1978 Persons who are compulsorily retired as a measure of punishment under the disciplinary regulation will also not be covered by these regulations.

32. Leave Salary.—(1) Except as provided in sub-regula- tions 5 and 6, an employee on earned leave is entitled to leave salary equal to the pay drawn immediately before pro- ceeding on earned leave.

(2) An employee on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-regulation (1).

(3) An employee on commuted leave is entitled to leave salary equal to the amount admissible under sub-regulation (1).

(4) An employee on extraordinary leave is not entitled'

to any leave salary.

(5) (a) An employee who fa granted leave beyond the date of retirement or quitting of service, as the case may be, as provided under regulation 30 shall be entitled during such leave to leave salary as admissible under this regulation, reduced by the amount of pension and pension equivalent of other retirement benefits.

(b) If during such re-employment he is granted leave earn- ed hv him during the period of re-employment, the leave salary shall be based on the pay drawn by him exclusive of the nerislon and pension equivalent of other retirement benefits.

(6) Tn the case of a person to whom the irniMovee's State Insurance Act, 1948 C34 of IMS') apnlies, leave salary rmva- ble during leave other than earned leaw. shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

(7) (a) If in the case of an employee who retires or resign; from service the leave availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any, over drawn.

(b) Where the quantum of earned leave alreudy availed of by an employee who is dismissed or removed from service or who dies while in service is in excess of the leave credited the over payment of leave salary shall be recovered in such cases.

Explanation.—(i) An employee who is granted terminal or refused leave under the provisious of regulation 30 shall be paid in lump-sum the amount equivalent to leave salary and allowances, If any, admissible during such leave for the entire period of such leave as one-time settlement.

(ii) No permission for private employment during leave preparatory to retirement shall be granted. How- ever, an employee on leave preparatory to retirement may in a special case be permitted to take up emp- loyment with public Sector Undertakings without any restriction in the rate of the leave salary admis- sible to him.

33. Drawal of leare salary.—The leave salary payable under

these regulations shall be drawn in rupees in India.

34. Advance of Leave Salary.—An employee including an employee on foreign service proceeding on leave for a period not less than 30 days may be allowed an advance in lieu of leave salary upto a month pay including allowances, as pro- vided in General Financial Rules 1963 subject to deduction on account of Tncome-tax, Provident Fund, House Rent re- covery of advances, etc.

35. Maternity Leave,—(1) A female employee (including an apprentice) may be granted maternity leave by an authority competent to grant leave for a period of 90 days from the date of its commencement. During such period she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

Note,—In the case of a person to whom the Employees State Insurance Act, 1948 (34 of 1948) applies the amount of leave salary payable under this regulation shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

(2) Ma'emity leave may also be granted in case of mis- carriage, including abortion, subject to the conditions that—

(a) the leave does not exceed six weeks ; and

(b) the application for the leave is supported by a medi-

cal certificate as laid down in regulation 14.

(3) Maternity leave may be combined with leave of any other kind but any leave applied for in continuation of the former may be granted only if the request is supported by a medical certificate; provided no medical certificate is neces- sary if the employee applies for any kind of leave due includ- ing commuted leave in continuation of materity leave upto a maximum of 60 days.

(4) Leave in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to production of medical certificate to the effect that the condi- tion of the ailing baby warrants mother's personal attention and that her presence by (he baby's side is absolutely neces- "arv.

(5) The maternity leave shall not be debited against the

leave account.

Explanation,—The abortion induced under the Medical Termination of Pregnancy Act, 1971 should also be consider- ed as a c;ise of abortion for the purpce of crantinn maternity leave.

36. Special Disability Leave for Injury Intentionally In- flicted.—41) The authority competent to grant leave may grant special dioability leave to an employee whether perma- nent or temporary) who is disabled by iniurv intentionaliv inflicted or caused in, or in consequence of his official posi- tion.

(2) Such Icnve shall not be granted unless the disabilltv manifested itself within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude i" bringing it to notice.

Provided that the authority competent to grant leave may, if it ia satisfied as to the cause of the disability, permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.

(3) The period of leave granted shall be such as is certified by the Medical Officer and shnll in no case exceed 24 months.

(4) Special disability leave may be combined wilh leave

of any other kind.

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

(6) Special disability leave shall be counted as duty in cal- culating service for pension and shall not, except the leave granted tinder the proviso to clause (b) of sub-regulation (7) be debited against the Jeavc account.

(7) T.eave salary during such leuve shall—

(a) for the first 120 days of any period of such leave, including a period of such leave granted under sub- regulation (5) be equal to leave salary while on earn- ed leave ; nnd

(b) for the remaining period of any such leave, be equal

to leave salary during half pay leave.

Provided that an employee may, at his option, be allowed leave salary as in clause (a) for a period not exceeding an- other 120 days and in that event the period of such leave shall be debited to his half pay leave account.

(8) (a) In the case of a person to whom the Workmen's Compensation Act, 1923 (8 of 1923) applies, the amount of leave salary payable under this regulation shall be reduced by the amount of compensation payable under clause (d) of sub-section (1) of section 4 of 1he said Act.

(b) In the case of person to whom the Bmploycc's State Insurance Act, 1948 (34 of 1948) applies the amount of leave salary payable under this regulation nhall be reduced by the amount of benefit payable under the said Act for the corresponding period.

37. Special Disability Leave for Accidental Injury.—(1) TJre provision of regulation 36 shall apply also to an employee whether permanent or temporary, who is disabled by injury accidently incurred in, or in consequence of, (he duo perform- ance of his official duties or in consequence of his official position, or by illness incurred in the performance of any particular duty which has (he effect of increasing his liability to illness or injury beyond the ordinary risk attaching to 1he post which he holds.

(2) The grant of special disability leave in such case shall

be subject to the further conditions :

(i) that the disability of due to disease, must be certified by the Port Medical Officer to be directly due to the performance of the particular duty.

(if) that, if the employee has contracted such disability during service, it must be, in the opinion of the autho- rity competent to sanction leave, exceptional in charac- ter ; and

(iii) that the period of absence recommended by the Port Medical Officer may be covered in part by leave under this regulation and in part by any other kind of leave and that the amount of special disability leave granted on leave salary equal to that admissi- ble of earned leave shall not exceed 120 days.

38. Hospital Leave,—(I) The authority competent to flrant leave may grant hospital leave to an employee whose duties involve the handlinR of dangerous machinery explosive mate- rials, poisonous drugs and the like, or the performance of hazardous tasks, while under medical treatment in a hospital or othetwjse, for illness on injury if such illness or injury is 1208 Gl/78—10

directly due to risks incurred in the course of their official duties.

(2) Hospital leave shall bo granted on the production of

medical certificate from the Port Medical Officer.

(3) Hospital leave may be granted for such period as the authority granting it may consider necessary on leave salary—

(1) equal to leave salary while on earned leave for the

first 120 days of any period of such leave ; and

(2) equal to leave salary during half pay leave for the

remaining period of any such leave.

(4) Hospital leave shall not be debited against the leave account and may be combined with any other kind of leave which may be admissible, provided the lotal period of leave, after such combination, does not exceed 28 months.

(5) (a) In the case of a person to whom the Workmen's Compensation Act, 1923 (8 of 1923) applies, the amount of leave salary payable under the regulation shall be reduced by the amount oC compensation payaple under clause (d) of sub-section (1) of action 4 of the said Act.

(b) In the case of a person to whom the Employees' State Insurance Act, 1948 (34 of 1948) applies, the amount of leave salary payable under the regulation shall be reduced by the amount of benefit payable under the said Act for the corres- ponding period.

39. Seamen's Sick Leave.—(1) An employee servicing on board a vessel may, while undergoing medical treatment for sickness or injury, either on his vessel or in hospital, be granted leave, by authority competent to grant leave, on leave salary equal to full pay for a period not exceeding six weeks :

Provided that such leuve shall not be granted if ihe Port Medical Officer certifies that the employees is malingering or that his ill-health is due to drunkenness or similar self-indul- gence or to his own action in wilfully causing or aggravating disease or injury.

(2) A Seamen disabled in the exercise of his duty may be allowed leave on leave salary equal to full pay for a maximum period not exceeding three months, if the following conditions are fulfilled, namely :-••

(a) A Port Medical Officer must certify the disability;

(b) the disability muwl not be due to the Seaman's own

carelessness or inexperience ;

(c) the vacancy caused by his absence must not be

filled.

(3) (a) In the case of a person to whom the Workmen's Compensation Act 1923 (8 of 1923) applies, the amount of leave salary payable under this regulation shall be reduced by the amount of compensation payable under clause (d) of sub-section (1) of section 4 of the said Act.

l.b) In the case of a person to whom the Employees' State Insurance Acl, 1948 (34 of 1948) applies the amount of leave salary payable under this regulation shall be reduced by the amount of benefit payable under the said Act for the cor- responding period.

(4) Seaman's sick leave shall not be debited against the leave account and may be combined with any other kind of leave which may be admissible provided the lotal period of leave after such combination docs not exceed 28 months.

40. Quarantine Leave.—(1) Where, in consequence of the pre- sence of an infectious disease referred to in sub-regulation (2) in the family or house-hold of an employee lit his place of duty, residence or so-jotirn, his attendance at his office is considered hazardous to the health of other employees, such employee may be granted quarantine leave.

(2) (a) For the purposes of sub-regulation (1), cholera, small-pox, plague, diptheria, typhus fever and cerebroapinal meningitis may be considered as infectious diseases. Chicken- pox shall not, however, be considered as an infectious disease unless the Board Medical Officer or Public Health Officer considers that because of doubt as to the true nature of the disease (for example, small-pox), there is reason for the grant of such leave.

(b) In the case of on employee stationed in an area under th'.- udministiation of u Stale Government such other diseases as may have been declared by that Government as infectious for the purpose of quarantine leave rules in force in that Suite, may also be considered as infee ions disease for the purpoic of this regulation.

13) (a) Quarruntine leave may be granted by Head of the oflice on the certificate of a Board Medical Officer or public Health Ollicer for a period noL exceeding 21 days or, in ex- ceptional cucumytanccs, 30 days.

(b) Any leave necessary in excess of this period shall be trealed as leave due and admissible and shall be debitahle to the leave account of the employee.

(4) Quarruntine leave, subject lo the maximum laid down in sub-regulation (3), may al:>o be granted ; when necessary, in continuation of other leave.

(5) An Employee on quarantine leave shall be treated as on duly. No substitute shall be appointed while he is on such leave.

41. Condition for grunt of Study Leave.—(1) Subject to the conditions specified herein, study leave may be granted to an employee with due regard lo the exigencies of public service to enable him to undergo, in or out of India a special course of s'udy consisting of higher studies or a technical subject hav- ing direct and close connection with the sphere of his duty.

(2) Study leave may alyo be granted :—

(i) for a course of training or utudy hour in which an employee may not attend a regular acedemic or semi-academic course if the course of training or the study lour is certified to be of definite advantage to the Board from the point of view of public interest and is related to sphere of duties of the employee; • and

(ii) for the purposes' of studies connected with the frame- work or back-ground of public administration sub- ject to the conditions that—•

(a) the particular study or study tour should be ap- proved by the authority competent to grant leave ; and

(b) the employee should be required to submit on his return, a full report on the work done by him while on, study leave ;

(iii) for the sludjeu which may not be closely or direct- ly connecicd with the work of an employee but which are capable of widening his mind in a manner likely to improve his abilities as an employee and to equip him better to collaborate with those employed in other branches of the public service.

Note : Application for study leave in cases falling under

Class (iii) shall be considered on merits of each case.

(3) Study leave shall not be granted unless—

(i) It is certified by the authority competent to grant leave that the proposed course of study or training shall be of definite advantage from the point of view of public interest.

(ill It is for prosecution of studies other than academic

or literary subjects :

Provided that a Medical Officer may be granted study leave for prosecuting a course of Post-graduate study in Medical Sciences if the Chief Medical Officer of the Board certifies to the effect that such study shall be valuable in increasing the efficiency of such medical Officer in the perfor- mance of his duties.

Provided further that a specialist or a technical per- son may be granted study leave on merits of each case, for prosecuting a post graduate course of a study directly related to the sphere of his duty in case the head of Department certifies that the course of study shall enable the specialist or the technical person as the case may be, to keep abrest with the modern development with field of his duty improve his technical standards and competence and thus substantially benctii the Board;

(iii) the Department of Economic Affairs of the Ministry of Finance agrees to the release of foreign exchange involved in the grant of study leave, if such leave is outside India.

(4) Study leave out of India shall not be granted for the prosecution of studies in subjects for which adequate faci- lities exist in India or under any of the Schemes administered by the Department of Economic Affairs of the Ministry of Finance or by the Ministry of Edtication.

(5) Study leave shall not ordinarily be granted to an

employee—

(i) who has rendered less than five years' service under

the Government;

(ii) who is due to retire, or has the option to retire, from the Board's service within three years of the date on which he Is expected to return to duty after the expiry of the leave.

(6) Study leave shall not be granted to an employee with Buch frequency as to remove him from contact with his re- gular work or to cause cadre difficulties owing to his absence on leave.

42. Maximum amount of study leave :

The maximum amount of study leave, which may be gran-

ted to an employee, shall—

(a) ordinarily twelve months at any one time; and

(b) during his entire service Lwenty-four months in all (inclusive of similar kind of leave for study or train- ing granted under any other rules).

43. Application for study leave :

(1) (i) Every application for study leave shall be sub- mitted through proper channel to the authority competent to grant leave.

(ii) The course or course of study contemplated by the employee and any examination which he proposes to undergo .shall be clearly specified in such application.

(2) Where it is not possible for the employee to give full details in his application, or if, after leaving India he is to make any change in the programme which has been approved in India, he shall submit the particulars as soon as possible to the Head of the Mission or the authority competent lo grant leave, as the case may be, and shall not, unless pre- pared to do so at this own risk, commence the course of study or incur any expenses in connection therewith until he receives the approval of the authority competent to gram the study Jeave for the course.

44. Sanction of study leave.—(1) A report regarding the admissibility of the study leave shall be obtained from the officer maintaining service records. The study leave, it any, already availed of by the employee shall be included in the report.

(2) Wher© an employee borne permanently on the cadre of one department or establishment is serving temporarily in another department or establishment the grant of study leave to him shall be subject to the condition that the concurrence of the department or the establishment to which he is per- manently attached is obtained before leave is granted.

(3) Where the study leave Ls granted for prosecution of studies abroad, the Head of the Mission concerned shall be informed of the fact by the authority granting the leave through the Ministry concerned.

Note : The Head of the Mission shall be contracted by the employee for issue of any letters of introduction or for other similar facilities that may be required.

(4) (a) Every employee in permanent employ who has been granted study leave or extension of such study leave shall be required to execute a bond in Form No. 6 or Form No. 7 as the case may be, before the study leave or extension of such study leave granted to him commences.

(b) Every employee not in permanent employ who has been granted study leave or extension of such study leave shall be required to execute a bond in Form No. 8 ur Form No, 9 as the case may be, before the study leave or extension of such leave granted to him commences.

(5) (a) On completion of the course of _&tudy the emp- loyee shall submit to the authority which granted him the study leave, certificates of examinations passed or special courses of study undei taken, indicating the date of commen- cement and termination of the course with the remarks, if any, of the authority inchurge of the course of study.

(b) If the study is undertaken in a country outside Irdia where there Is an Indian Mission, the certificates shall bo submitted through the Head of the Mission concerned.

45. Accounting of study leave and combination with! leave of other kinds :—(1) Study leave shaJl not be debited against the leave account of the employee.

(2) Study leave may be combined with other kinds of leave, but in no case shall the grant of this leave in combi- nation with leave olhcr than extraordinary leave, involve a total absence of more than twenty eight months from the regular duties of the employee.

EXPLANATION ; The limit of twenty eight months of absence prescribed in this sub-regulation includes the period of vacation.

(3) An employee granted study leave, in combination with any other kind of leave may, if he so desires, undertake or commence a course of study during any other kind of leave and subject to the other conditions laid down in regulation 48 being satisfied, draw study allowance In respect thereof :

Provided that the period of such leave coinciding with the court-c of study shall not count as study leave

46. Regulation of study leave extending beyond course of study :•—When the course of study falls short of study leave granted to an employee he shall icsumc duty on the con- clusion of the course of a. study, unless the previous sanc- tion of the authority competent to grant leave has been ob- tained to treat the period of short falls as ordinary leave.

47. Leave salary during study leave :—(1) During study leave availed outside India, an employee shall draw leave salary equal to the pay (wilhout allowances other than dear- ness allowance) That the employee drew whole on duty with the Board immediately before proceeding on such leave in addition to the study allowance admissible with the provisions of regulation 48 to 50.

(2) (a) During study leave availed in India, an employee shall draw leave snlnrv equal to the pay (without allowances other than dearness allowances) that the employee draw while on duty immediately before proceeding on such leave.

(b) Payment of leave salary at full rate under clause (a) shall be subject lo furnishing of a certificate by the employee to the effect that he is not in receipt of any scholaiship, stipend or remuneration in respect of any part-time emp- loyment.

(c) The amount if nuv received by an employee during the period of study leave as scholarship of stipend or remu- neration in respect of any part time employment us envisaged in sub-regulation (2) of regulation 48 shall be adjusted against the leave salary payable under this sub-regulation sub- ject to the condition that the leave salary shall not be reduced to an amount less than lhat payable as leave salary during half pay leave.

(d) No study allowance shall be paid during study leave

for courses of study in India.

48. Conditions for grant of study allowance :—(1) A study allowance shall be granted to an employee who has been granted study leave for studies outside India for the period spent in prosecuting a definite course of study at a recognised Institution or in any definite tour of inspection of any special class of work, as well as for the period covered by any examination at the end of the course of study,

(2) Where an employee has been permitted to receive and retain in addition to his leave salary, any scholarship or stipend that may b" awarded to him from any source or any other remuneration in respect of any part time employment—

(a) no study allowance shall be admissible in case the net amount oE such scholarship or stipend or remu- neration (arrived at by deducting the cost of fees if any paid by the employee fiom the value of the scholarship or stipends or remuneration) exceeds the

amount of study allowance otherwise admissible;

(b) in case the nel amount oC scholarship or stipend in remuneration is less than the study allowance other- wise admissible, the difference between the value of net scholarship or stipend or any other remuneration. in respect of any part time employment and • the study allowance may be granted by the authority competent to grant leave.

(3) Study allowance shall not be granted for any period during which employee interrupts his course of study to suit his own convenience :

Provided that the authority competent to grant leave or the Head of Mission may authorise the grant of study allow- ance for a period not exceeding 14 days at a time during such interruption if it was due to sickness.

(4) Study allowance shall also be allowed Cor the entire oeriod of vacation during the course of study subject lo the condition that—

(a) the employee attends during vacation any special course of study or practical training under the direc- tion of the employee or the authority competent lo grant leave, as the case may be; or

(b) in the absence of any such direction, he produces satisfactory evidence before the Heads of. the Mis- sion or the authority competent to grant Icav;, as the case may be, that he was continued his studies during the vacation :

Provided that in res pec I of vacation falling at the end of the course of studv it shall be allowed for a maximum period of 14 days.

(5) The period fcr which study allowance may be granted

shall not exceed 24 months in all.

49. Rates of study allowance :—The ratos of study allow- ance shall he fixed by the Central Government from time to time for these employees.

50. Procedure for payment of study allowance :—(1) Sub- ject to sub-regulation (2)(b) of regulation 48 payment of study allowance shall be subject to furnishing a certificate by the employee to the effect that he is not in receipt of any scholarship, stipend or any older remuneration in tes- pect of any part-time employment.

(2) Study allowance shall be paid at the end of every month provisionally subject to an undertaking in writing being obtained from the employee he would refund to the Board any over-payment consequent on his failure to produce the required certificate of attendance or on his failure to salisfy the authority competent to grant leave about the proper uti- lisation of the time spent for which study allowance is claimed.

(3) (a) Tn the case of a definite course of study at a re- cognised institution, the study allowance shall be payable by the authority competent to grant leave, if the study leave availed of is in a country when where is no Indian Mission, and by tho Head of the Mission in other cases, on claims submitted by the employee from time to time supported by proper certificate of attendance.

(b) This certificate of attendance required to be submitted in support of the claims for study allowance shall be for- warded at the end of the term if the employee is undergoing study in an educational institution or at intervals not ex- ceeding three months if he is undergoing study at any other institution,

(4) (a) When the programme of a study approved does not include, or docs not consist entirely of such a course of study, the employee shall submit to the authority compe- tent to grant leave direct or through the Head of the Mis- sion a diary showing how his time has been spend and a re- port indicating fullv the nature of the methods and opera- tions which have been studied and including suggestions as to the possibility of adopting such methods or operations tc conditions obtaining in India.

(b) The authority competent to grant leave shall decide whether the diary and report show that the time of the emp- loyee was properly utilised and shall determine accordingly for what periods study allowance may be granted.

51. Admissibility of allowances in addition to study allow- ances :—No allowance of any kind other -than the dearness allowance and study allowance shall be admissible to an emp- loyee in respect of the period of study leave granted to him.

52. Travelling allowance during study leave :— An employee to whom study leave has been granted shall not ordinarily be paid travelling allowance but the Board may in excep- tional circumstances sanction the payment of such allowance.

53. Cost of fees for study:—-An employee to whom study leave has been granted shall ordinarily be required to meet the cost of fees paid for the study but in exceptional cases, the Board may sanction grant of such fees :

Provided that in no case shall be cost of fees be paid to an employee who is in receipt of scholarship or sti- pend from whatever source or who is permitted to receive- or retain in addition to his leave salary, any remuneration in respect of part time employment.

54. Resignation or retirement after study leave:—(1) If an employee resigns or retires from service or otherwise quits service without returning to duty after a period of study leave or within a period of three years after such re- turn to duty, he shall be required to refund—

(i) the actual amount of leave salary, dearness allowance, study allowance, cost of tees, travelling and other expenses, if uny, incurred by the Board; and

(ii) the actual amount, if any, of the cost incurred by other agencies, such as foreign Governments, Foun- dations and Trusts in connection with the course of study.

together with interest thereon at rates for the time being in force on Board loans, from the date of demand, before bis resignation is accepted or permission to retire is granted or his quitting service otherwise;

Provided that nothing in thw regulation shall apply—

(a) to an employee who, after return to duty from study leave, is permitted to retire from service on medical grounds or

(b) to an employee, who after return to duty from study leave, is deputed to serve in any statutory or autonomous body or institution under the control of the Board and is subsequently permitted to icsign from service under the Hoard with a view to his permanent absorption in the said statutory or auto- nomous body or institution in the public interest.

(2) (a) The study leave availed of by such employee shall be converted into regular leave standing at his credit on the date on which the study leave commenced, many regular leave taken in continuation of study leave beinij suitably adjusted for the purpose and the balance of the period of study leave, if any, which cannot be so converted, treated as extraordinary leave.

(b) In addition to the amount to be refunded by the emp- loyee under sub-regulation (1) he shall be required to refund any excess of leave salary actually drawn over the leave salary admissible on conversion of the study leave.

(3) Notwithstanding anything contained in this regulation, the Board may if it is necessary or expedient to do so, either in public interest or having regard to the peculiar circum- stances of the case or cla^s of cases, by order waive or re- duce the amount required to be refunded under sub-regula- tion (1) by the employees concerned or class of employees.

55. Interpretation :—Where any doubt arises as to the inter- pretation of these regulations, it shall be referred to the Cen- tral Government whose decision thereon shall be final.

56. Power to relax:—Where the Board is satisfied that the operation of any of these regulations causes undue hardship in any particular cases it may be order for reasons recorded in writing dispense with or relax the requirements of that regulation too such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner.

FORM 1

(Sec Regulation 11)

APPLICATION FOR LEAVE OR FOR EXTENSION OF LEAVE

1. Name of applicant

2. Post held

3. Department, Office and Section

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 pre-

fixed /suffixed to leave.

*. Grounds on which leave is applied for

9, Date of return from lust leave, and the nature of

period of that leave.

10. I propose/do not propose to avail myself of leave travel concession for the block years during

this leave.

11. Address during leave period.

12. *In the event of my resignation or voluntary retire-

ment from service, I undertake to refund- ed the difference between the leave salary drawn during commuted leave and that admissible had sub-regulation (1) of regulation 24 not been ap- pli.d.

(ii) the leave salary drawn during leave not due which would not have been admissible had sub-resula- tion (1) of regulation 25 not been applied.

SIGNATURE OF APPLICANT (with date)

13. Remarks and/or recommendation of the Controlling

Officer.

SIGNATURE (with date)

Certificate regarding admissibility of Leave.

14. Certified that

(nature of leave) for (period) from to is a admissible under regulation of the Tulicorin

port employees (Leave) Regulation 1978.

SIGNATURE (with date)

Designation

15. Orders of the authority competent to grant leave.

SIGNATURE (wilh date)

Designation

FORM 2

(See Regulation 12)

FORM OF LEAVE ACCOUNT

Ltinuous ser anent ompli

vice nyment

Name of Employee Date of commencement of con D ite of quasi pormancnt/perm

Leave taken Balance Length of E.L. cre- dited at the begin -

R.L. lo be deduc- ted

— — of E.L. Service From (o No. of on return • ning of

(1/1 llh

days from From to half year

of the

leave

Particulars of Completed sorvlce in the months of calendar half- service in yv."r the calendat •— half year

Total E.L. at credit in days. (Col. 4 + 11—6)

(Col.—7-10) From to

period in Col. 5)

No. of days of other kinds of leave (H.P.L., com- muted leave, leave not due & EOL (Col 19 + 22 I-22C +30 | 33) availed of during the previous calendar half year

5

] 2~"~ T 4

6 7 8 9 10 11 12 13 ~

Note 1 : The Earned leave due should be expressed in days. Note 2 : When an employee is appointed during the course of a particular calendar half-year, E.L. should be credited (u 2J days for each completed month and the fraction of a day will bo rounded to the nearest day.

Note 3 : The old leave account in respect of existing employees has to be closed and the balance will have to be carried forward to the new account ia col. 11 while doing so the balance at credit may be rounded off to the nearest day.

Note 4 : The entries in col. 6 should be in complete days. Fraction of a day will be rounded to the nearest day. Note 5 i Period of extra-ordinary leave should be noted in red ink. Note 6 : The entries in columns 12 &, 13 should indicate only the beginning and end of completed years of service at the time the half pay leave commences. Where an employee completes another year of service while on half pay leave, the extra credit should be shown in columns 12 to 16 by making suitable additional entries and this should be taken into account while completing col. 32.

Date of birth

Date of retirement/resignation

I ^eave (on private affairs and on medical certificate including commuted leave and leuve not due).

Leave

Leave taken

Leave at credit Half Pay

Credit of

against the earning on half pay

Commuted leave on Commuted leave without Medical Certificate on Medical Certificate for full pay studies certi/ied lo be in No. of comple- ted year

Commuted leave converted into half pay leave ((vice of Col. 22 & 22C)

• —— public interest (limit to

Leave earned (in days)

from to No. of

days from lo No of ISO days half pay leave days converted into 90 days commuted leave in entire service)

from to No. of

days

14 15 16 17 18 19 20 21 22 22A 22B 22C 23~

Leave not due limited to 360 days in entiic service

On Modical Certificate Otherwise than on Medical Total of leave Total half ray Balance of half Other kinds certificate limited to 1 SO days not due leave laken pay leave on of leave luken • ••— — (Col. 26-1-29) (Col. 19+ return from

from to No. of from to No. of 23 + 30) leave

days days

(Col. 16—31)

24 25 26 27 28 29 30 31 3~2~ " 3.1

tORM 3

(Sec Regulation 14)

MEDTCAL CERTIFICATE I'OR EMPLOYEES RECOM MENDED LEAVE OR EXTENSION OF LEAVE OR COMMUTATION OF LEAVE

Signature of Employee

1 after careful personal examina- tion of the case hereby certify that Shri/Shrimati/Kumari whose signautrc is given above, is suffering from and I consider that a period of absence from duty of with ellect from is absolutely necessary for the re- storation of his/her health.

Authorised Medical Attendant

Hospital/Dispensary

or other Registered Medical Practitioner.

Date

Note 1 : The nature and probable duration of the illness

should be specified.

Note 2 : This Form should be filled in after the signature of the Employee hiis 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 de- sire of the admistrative authority concerned, to whom it is open to decide, when an application ori 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.

Note 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 Staff Surgeon who shall express an opinion both aN regards the facts of illness and as regards the neces- sity for the amount of leave recommmended and necessity for the amount of leave leeommended and for this purpose he may cither require the em- ployee to appear before himself or hefore a medical officer nominated by himself.

Note 4 : No recommendation coniained in Ihis certificate shall bo evidence of a claim to any leave not ad- missible to the employee.

FORM 4

[See Regulation 19(3) ]

MEDICAL CERTIFICATE OF FITNESS TO RETURN TO DUTY

Signature of Employee

We, the member of Medical Board

/ 1 Chief Medical Officer/Medical Officer of the Port Medical Attendant of/Registered Medical Practi- tioner, do hereby certify that We/T have carefully examined Shri/Shriniati/Kumari whose signature Is given above, and find that he/she has recovered from his/ her illness¹ and is now fit to resume duties in Board Servce. We/I also cortify that before arriving at this decision, We/I have examined the original medical certiiicate(s) and state- ment(s) of the case (or certified copies thereof) on which leave was granted or extended and have taken these into con- sideration in arriving at our/my decision.

Membeis of Medical Board

( 1)

(2)

( 3)

Chief Medical Officer/Medical Officer of this Port

Date

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 pur- pose, the original certificate!s) and statemcnt(s) of the case should be prepared in duplicate, one copy being retained by the employee concerned.

FORM 5

[See Regulation 26 (3)]

BOND FOR TEMPORARY EMPLOYEE GRANTED EXTRAORDINARY LEAVE TN RELAXATION OF REGULATION 26(2) (e) FOR STUDY

KNOW ALL MEN BY THESE PRESENTS THAT WE....

resident of in the District of at present employed as in office of the New Tuticorin Port of (hereinafter called "the obligcr") and Shri/Shrimati/Kumari.. , son/daughter of of (hereinafter called Ihe sureties do hereby jointly and severally bind ourselves and our res- pective heirs, executors and administrator to pay to the Board its successors and assigns (together with interest thereon from the date of demand at Government rates for the time being in force on Board 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 attorney and client and all charges and expenses that shall or may have been incurred by the Board.

Whereas the Board has, at the request of the above bound-

en Shri/Shrimati/Kumari employed as a granted him/her regular leave, followed by extraordinary leave without pay and allowances, for a period , months day with effect from in order 1o

enable him/her to study at

And whereas, the Board has 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 Board, the obliger has agreed to execute this Bond with two sureties with such condition as hcreunder written :

And whereas the said sureties have agreed to execute this

bond as sureties on behalf of the bounden.

Now the condition of the written obligation is that in

the event of the above bounden Shri/Shrimat/Kumari failing to rejoin on the expiry of the extraordinary leave, the post originally hold by him/her and serve the Board after rejoining for such period not exceeding a period of years as the Board may require or refusing to serve the Board in any other capacity as may be required by the Board on a salary lo which he/she would be entitled under the regula- tions the said Shri/Shrimati/kumari or his/her heirs, executors and administrators shall forthwith pay to the Board on demand the said sum of Rs together with interest thereon from the date of demand at Government rates for the time being in force on Board loans.

And upon the obliger Shri/Shrimati/Kumari.

and; or Shri/Shrlmatl/Kumari the sureties afore- said making such payment the above written obligation shall be void and of no effect, otherwise it shall be and remain in force and virtue.

Provided always that the liability of the sureties hereunder ihali not be ipaired or discharged by reason of lime bein£ granted or by any forbearance, act or omission of the BoarO or a n' person authorised by them (whether with or without the consent or knowledge of the sureties nor shall it be nccesury for the Board to sue to the obliger before suiting the sureties Shri/Shrimati/Kumari and Shri/ Shrimuti/Kumari or any of them for amoiifits due hereunder.

The bond shall in all respects be governed by the laws of

fndia for the time being in force and the rights and liabilities hereunder shall where necessary be accordingly determined by the appropriate courts in India.

The Board have agreed to bear the stamp duty payable

on the bond.

Signed the dated this day of one

thousand nine hundred and

Signed and delivered by the obliger above named Shri/

Shriinnti/Kutnari in the presence of

1

2

Signed and delivered by the surety above named Shri/Shri-

mati/Kumari in the presence of

Witness

1

2

Signed and delivered by the surety above named Shri/Shri-

mati/Kumari in the presence of

Witness

J

2

Accepted

for and on behalf of the Board,

FORM 6

[Sec Regulation 44 (4)]

BOND TO BE EXECUTED BY AN EMPLOYHE IN PER- MANENT EMPLOY, WHEN PROCEEDING ON STUDY LEAVE

Know nil men by these presents that I resi- dent of in the District of at present employed us in office of New Tuticorin Port as hereby bind myself and my heirs, executors and administrators to pay to the New Tuticorin Port Trust There- inafter called the Hoard) on demand the sum of Rs (Rupees only) together with interest thereon from the date of demand at Government rates for the time being in force on Board loans or, if payment is made in a countrj other than India, the equivalent of the said amount in the cur- rency of that country converted at the official rate of ex- change between that country and India und together with all costs between attorney and client and all charges and ex- penses that shall or may have been incurred by the Board

Whereas I am granted study leave

by Board.

And whereas for the better protection of the Board I have agreed to execute this bond with such condition as hereunder Is written.

Now the condition of the above written obligation is that in the event of mv failing to resume duty or resigning or retiring from service or otherwise quinine service without returning to duty after the expiry or termination of the period of study leave or at nny time within a period of three years after return to duty, I shall forthwith pav to the Board or as may be directed by the Board on demand the ..lid sum of Ra (Rupees only) together with interest thereon from the date of demand at Government rates for the time being in foice on Board lonns.

And upon my making such payment the above written obligation shall be void and of no elfect, otherwise it shall be and remain in full force and virtue.

The bond shall in all respects be governed by the laws of India for the time being in force and the rights and liabilities hereunder shall where necessary be accordingly de- termined by the appropriate courts in India.

The Board has agreed to bear the stamp duty payable on

this bond.

Signed and dated this day of

one thousand nine hundred and /signed and deliveied by

in the presence of

Witness

I

FORM 7

[Sec Regulation 44<4)J

BOND TO BE EXECUTED BY AN EMPLOYEE IN PER- MANENT EMPLOY, WHEN GRANTED EXTENSION OF STUDY LEAVE

Know all men by these presents that, I

in the District of resident of at present employed as in the office of of do hereby bind myself and my heirs, executors and administrators to the New Tuticorin Port Trust (hereinafter called "the Board") on demand the sum of Rs (Rupees only) together with interest thereon from the date of demand at Govern- ment rates for the time being in force on Board loans or, if 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 attorney and client and all charges and expenses that shall or may have been incurred by the Board.

Whereas I was granted study

leave by Board for the period from to in consideration of which T executed a bond dated for Rs (Rupees only) in favour of the Board.

And whereas the cxtention of study leave has been granted

to me at my request until

And whereas for the better protection of the Board I agreed to execute this bond with such condition as hereunder written.

Now the condition of the above written obligation is that in the eveni of my failing to resume duty or resigning or rotiring from or otherwise quitting service without returning lo duty after the expiry or termination of the period of study leave so extended or any time within a period of three years after my return to duty, 1 shall forthwith pay to the Board or ;is may be directed by the Board on demand the said sum of Rs (Rupees only) together with interest thereon from the date of demand at Government rates for the time being in force on Board loans.

And upon my makinK such payment the above written obit- cation shall be void and of no effect otherwise it shall be and remain in full force and virtue. The bond shall in all respects be governed by the laws of India, for the time being in force and the rights and liabilities hereunder shall, where necessnrv. be accordingly determined by the appropriate courts )n India,

The Board have agreed to beHr the stamp duty payable

on this bond.

Signed and dated this day of one /signed and thousand nine hundred and delivered by in the presence of

Witness

1

2

Accepted

for and on behalf of the Board.

FORM a

[See Rejfulation 44 (4)]

Know all men by these presents that we

resident of in the District of at present employed as (called the obliger) and Shri/ Shrimati /Kumari son /daughter of of (hereinafter called sureties) do hereby jointly and severally bind ourselves and our respective heirs., exculors and ad- ministrators to pay to the New Tuticorin Port Trust (here- inafter called "The Board") on demand the sum of Ks (Rupees only) together with interest thereon from the date of demand at Government rates for the time being in force on Board loans or, if payment is rrmdc in a coun- try other than India, the equivalent of the official rate of exchange between that country and India and together with all costs between attorney and client and all charges and ex- penses that shall or may have been incurred by the Board.

Whereas the obliger is granted study leave by the Board.

And whereas for the better protection of the Board, the obliger has agreed to execute the bond with such condition as hereunder is written:

And whereas the said sureties have agreed to execute this

bond as sureties on behalf of the above bounden.

Now the condition of the above written obligation is

that in the event of the Obliger Shri/Shrimati/Kumari

failing to resume duty or resigning from service or otherwise quitting without returning to duty after the expiry or termination of the period of study leave or at any time within a period of three years after his return to duty, the obliger and the sureties shall forthwith pay to the Board or as may be directed by the Board on demand the said sum of Rs (Rupees only) together with interest thereon from the date of demand al Government rates for the time beine in force on Board loans.

And upon the obliger Shri/Shrimati/Kumari

and or Shri/Shrimati/Kumari the sureties aforesaid making such payment the above written obligation shall be void and of no effect, otherwise It shall be and remain in full force and virtue.

Provided always that the liability of the sureties hereunder shall not he impaired or discharged by reason of time being granted or by any forbearance, act of omission of the Board or any person authorised by them (whether with or without the consent or knowledge of the sureties') nor shall it be necessary for the Board to sue the obliger 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 where necessary be accordingly determined by the appropriate courts in India.

The Board have agreed to bear the stamp duty payable

on this bond.

Signed and dated this day of

on thousand nine hundred and /signed and deliver- ed by the obliger above named Shri/Shrimati/Kumari , in the presence of

Witness

1

2

Signc and delivered by the surety above named Shri/Shn-

mati/Kumuri

Witness

1

2

Signed and delivered by the surety above named Shri/Shri-

Shrirnati/Kurnari

in the presence of

Witness

I

.

2

Accepted

for and on behalf of the Board.

FORM 9

[See Regulation 44(4)]

BOND TO BE EXECUTED BY AN EMPLOYEE NOT IN PERMANENT EMPLOY, WHEN GRANTED EXTENSION OF STUDY LEAVE

Know all men by these presents that We

in the District resident of at persent employed as office of

(hereinafter called "the obliger")

and Shri/Shrimati/Kumari

son/daughter of of and Shri/Shrimati/Kumari son/daughter of of (herein- after called the sureties, do hereby jointly and severally bind ourselves and our respective heirs, executors and administrators lo pay to the New Tuticorin Port Trust (.hereinafter called the Board) on demand the sum of Rs (Rupees only) together with interest thereon from the date of demand at Government rates for the time being in force on Board loans or, if 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 exchage between that country and India and together with ;ill costs between attorney and client and all charges and expenses that shall or may have been incurred by the Board.

Whereas the obliger was granted study leave by the Board for the period from to in consideration of which he executed a bond dated for Rs iRupees. only) in favour of Board.

And whereas the extension of study leave has been granted

to the obliger at his request until.

And whereas for the better protection of the Board the obliger has granted to execute this bond with such condition as hereunder is written.

And whereas the said sureties have agreed to execute this

bond as sureties on behalf of the above bounden.

Now the Condition of the above written Obligation is that

in the event of the obliger Shri/Shrimati/Kumari resigning from service without returning to duty, after the expiry or termination of the period of study leave so extended or any time within a period of three years after his return to duty, (he obliger and the sureties shall forthwith pay to the Board or as may be directed by the Board on demand

the said sum of Rs (Rupees only) together with interest thereon from the date of demand at Board rates for the time being in force on Board loans.

And upon the obligcr Shri/Shrimati/Kumari

and, or Snri/Slirimati/Kumari the sureties aforesaid making such payment the above written obligation shall be void and of no effect otherwise it shall be and remain in full force and virtue.

Provided always that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted or by any forbearance, act or omission of the Board or any person authorised by them (whether with or without the consent or knowledge of the sureties) nor shall it be necessary fo rthe Board to sue the obliger before suing the sureties Shrl/Shrimatl/Kumari and Slirl/Shrimatl/Kumarl or any of them amounts due hereunder.

The bond shall in all respect be govrned by the lawa of Tndia for the time being in force and the rights and liabilities hereunder shall where necessary be accordingly determined by the appropriate courts in Tndia.

The Board have agreed to bear the stamp duty payable

on his bend.

Signed and dated this day of

/signed and delivered by the obliger above named Sb.il/ Shrimati/Kumar!

in the presence of—

Witness

1

,

2

Signed and delivered by th esuret yabove named Cri/ in the presence

Shrimati /Kumari of

Witness— I

2

Signed and delivered by the surety above named Shri/

Shrimati/Kumari in the presence of

Witness

1

2

Accepted

for nnd on behlf of tho Board,

1208G1/78—11

G.S.R. 103 (E).—In exercise of the powers conferred by sec- tion 126, read with section 28, of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby makes the following regulations, namely :—

1. Short title and Commencement.—(1) These regulations may be called the Tuticorin Port Trust (Allotment of Re- sidences) Regulations, 1979.

(2) They shall come into force on the first day of April,

1979.

2. Application,—-These regulations shall apply to the allot- ment of residences to all persons who are employed in the service of the Board (hereinafter referred to as "employees").

3. Definitions.—In these regulations, unless the context

otherwise requires—

(a) "allotment" means the grant of permission to occupy a residence in accordance with the provisions of these regulations ;

(b) "allotment year" means the calendar year beginning on the 1st January or such other period as may be notified by the Bonrd or the competent authority;

U") "competent authority" means the Chairman and includes any officer in the service of the Board authorised by him by a general or special order to perform all or any of his functions as a competent authority under Ihese regulations :

(d) "eligible office" means an office under the Board and an office or institution connected with the Board,

whigji hns been di-clared bv the Board as eligible fr>r accommodation under then; regulations ;

(c) "emoluments" means the emoluments as defined In Fundamental Rule 45-C but does not include com- pensatory allowance ;

Provided that in the case of an employee who is under suspension [he emoluments drawn by him on the first day of the allotment year in which he is placed under suspension, or, if he is placed under suspension on the first day of the allotment year, the emoluments drawn by him immediately before the date shall be taken as his emoluments ;

(f) "family" means the wife or husband, as the case may be, and children, step children, legally adopted children, parents, brothers or sisters as ordinarily reside with and are dependent on the employees;

(g) "Government" means the Central Government:

(h) "Port" means the Port of Tuticorin ;

(i) "Priority date" of an employee in relation to a type of residence to which he is eligible under regulation 6 means the earliest date from which he hns been continuously drawing emoluments relevant to n particular type or a higher type in a post under the Board except for periods of leave :

Provided that the date from which an employee has been continuously in service and drawing emoluments relating to a particular type or a higher type in a post under the Gov- ernment, the erstwhile Tuticorin Port Trust or any other Major Port Trust shall be taken as the priority date in refr- pect of such employee :

Provided further that in the case of an employee who is on deputation to any foreign service, the period of foreign service shall, on his reposting in an eligible office under the Board, be included for the purpose of determination of his priority date :

Provided also that where the priority date of two or more employees Is the snme, seniority among them shall be deter- mined (i) by the amount of emoluments drawn by each such employee, the employee in receipt of higher emoluments taking precedence over the employee in receipt of lower emoluments; and (ii) where the emoluments are equal, by the length of service under the Board ;

(j) "rent" means the sum of money payable monthly in accordance with the provisions of the Fundamental Rules in respect of a residence allotted under the these regulations ;

(k) "residence" means any residence for the time being, under the administrative control of the Port ;

(1) "sub-letting" includes sharing of accommodation by an allottee with another person with or without payment of rent by such other person but does not include a casual guest.

Explanation.—Any sharing of accommodation by an allot- tee with close relations shall not be deemed to be "aub-lettin^". The question whether a person is a close relation or not shall be decided by the com- petent authority.

(m) "temporary transfer" means a transfer which in- volves an absence for a period not exceeding four months;

(nl "transfer" means a transfer from the service of the

Board to any other service Or post ;

Co) "type" in relation to an employee means the type of residence to which he is eligible under reflation 6;

(p) words and expressions used herein and not defined but defined in the Major Port Tnigts Act, 1963 (38 o,f 1963), shall have the meanings, respectively, assigned to them in that Act.

4. Ineligibility of Employees owning Houses for Allotment under these Regulations.—(I) No employee shall be eligible for allotment under these regulations or, if the allotment has already been made, to the continued retention thereof, if— (a) he owns or has, since the allotment under these re- gulations, become the owner in full or in part, whether in his own name or in the name of any other person, of a bouse which is located within the limits of any local or adjoining Municipality or 8 kilometres of the place of duty and in which he can, in the opinion of the competent authority, re- aide consistently with his position as an employee of the Board ; or

(b) his wife or any dependent child owns, or has, since the allotment under these rules, become the owner in full or in part, of a house which is located with- in 1he limits of any local or adjoining Municipality or 8 kms. of the place of his duty and in which he can in the opinion of the competent authority re- side consistently with his position as an employee of the Board :

Provided that if the competent authority considers that, in the interest of the Board's work, the presence of an em- ployee Is required in the port area, he may allot residence to him.

(2) Any employee, who, on any date (hereinafter referred to as the relevant date) subsequent to the date of his making application for allotment under these regulations, becomes Ineiinibie for such allotment under clause (a) or clause (b) of sub-regulation (1) shall notifv the fact to the competent authority, within a period of 7 days of the relevant date. Tn the event of the employee's failure to do so, the compe- tent authority may reject the application for allotment or if the allotment has already been made cancel such allotment with effect from the relevant date and reaulre trie employe to vacate the accommodation so allotted forthwith .

(3) Notwithstanding anything contained in sub-regulations (1) and (21, thf competent authority may allot or reaiiot ac- commodation to an employee, if—

(a) the house owned by him, his wife or any dependent child has been requisitioned by the Government; or

(b) it is nroved to the satisfaction of the competent au- thority that such house was given out on lease— (i) before the posting of the employee for service under

the Board ;

(ii) before the acquisition of such bouse by him, his wife or any dependent child and the compefent authority is also satisfied that it is not possible for the lessor for reasons beyond his control to obtain vacant possession of the house ;

(c) the house is or becomes vested in a trust created by the empoyee after obtaining the permission of the Board under the Conduct Rules applicable to him ;

(d) the house belongs to the employee as a member of the Hindu undivided family and the competent au- thority is satisfied that the partition of the house by metes and bounds is not feasibe to make it fit for an independent residence ;

(e) the plinth area of the house is less than one third of the plinth area of the house of the type to which the employee is eligible under regulation 6.

(4) Where accommodation has been allotted or reallotted to an emplovee under sub-regulation (3), the employee shall be liable, with effect from the date specified in the order of allotment or renliotment, to pay standard rent under Funda- mental Rule 45-B, or standard rent under Fundamental Rule 45-A plus 33Vs per cent thereof, or ixxiied standard rent under Fundamental Rule 45-A plus 33-1 /3 per cent thereof where the rents have been pooled or 10 per cent of his emoluments, whichever is the highest, for so long ns he or his wife or any dependent child, as the cane mav be, is un- able to obtain vacant possession of the house referred to above.

(5) If at any time it appears to the competent authority that no efforts have heen made to obtain vacant possession of the house, referred to above it shall be open to it to flive suitable directions as the steps to be taken to obtain vacant possession of the said house and if such directions are not complied with, to cancel the allotment and to require the

allottee to vacate the accommodation foiLhwitli, or to charge rent for tbu accomniod'Uicn under Government of India Ut rr.ii'ii No |2) brlnw Fundamental' Rule 45-H or twice the ht.in laid Jcnt imilri Fundamental Rule 45 A

(6) The allotment to ;in employee to whom the provisions of clause (a) and clau.se (b) of sub-regulation (1) apply "hull be cancelled with effect fiom the dale specified in the order of cancellation. If shall, however, be open to the compe- tent authority to allot or leallot accommodation the Em- ployee on payment of rent under Government of India de- cision No. 2 below Fundamental Rule 45-B or twice the standard rent under Fundamental Rule 45-A or twice the pooled standard rent under Fundamental Rule 45-A where the renls have been pooled or 15 per cent of his emoluments, whichever js the hightcst.

Explanation I.—In this regulation, as employee shall be deemed to own a house in the name of any other person if the employee has acquired or transferred a house in the name of such other person—

(i) without intending thereby a benefit to such other

person ; and

fii) where the employee is in actual or constructive pos- session of the house or enjoys its rents or profits.

Explanation If.—For the purpose of this regulation, an employee uhall be deemed to be the owner of a house if he is in possession thereof under the agreement of sale even- though the title has not been conveyed lo him.

5. Allotment to Husband und Wife.—(1) No employee shall be allotted a residence under these regulations if the wife or the husband, as the case may be, of the said employee has already been allotted a residence, unless such residence is surrendered :

Provided that 'his sub-regulation shall not apply where the husband and wife are residing separately in pursuance of an Order of judicial separation made by any Court,

(2) Where two employees in occupation of separate resi- dences allotted under these rules marry each other, (hey shall, within one month of their marriage, surrender one of Ihe residence;!.

(3) If a residence is not surrendered as required by sub- regulation (2) the allotment of the lower type of residence shall be deemed to have been cancelled on the expiry of such period : and if the residences arc of the same type, the allotment of such one of them as the competent authority may decide shall be deemed to have been cancelled on the expiry of such period.

(4) Where both' husband and wife are employed in the Board, the eligibility of each of them to allotment under these regulations shall be considered independently.

6. Classification of Residence—Save as otherwise provided by thes.'c rcgulalions, an employee shall be eligible for being allotted a residence of the type appropriate to his emoluments shown in the table below :

Type of residence

Category of employee or his monthly emoluments as on the first day of the allotment year in which the allotment

is made

I and Tem- porai y Quarters Less than Rs. 260/ Less than Rs. 500/- but not less than Rs. 260/- Less than Rs. 700/- but not less than Rs. 500/- l.ess than Rs. 1,000/- but not less than Rs. 700/- 1 ess than Rs. 1,650/- but not less than Rs. 1,000/- Less than Rs. 2,500/- but not less than Rs. 1,650/-

Rs. 2,500/- and above.

11 III IV V VI VII

Note :—If sufficient number of employees who arc eligi- ble for a particular type of residence are not available, the

1208 GT/78—12

i evidences of the type maj be allotted to other employee! "*ho are eligible tci QK n et Ijiuhcr or lu^cr type of resi- dences subject to the condition that, R". and uhen eligible em- ployees become available, ihc icsideneei so allotted shnll be vacated by such allottees.

7..Recovery of Rent to be subject of Fundamental Rules.—

For the purpose of recovery of rent for the type of residence allotted under regulation 6 or a type of residence allotted to an employee of the Board at his own request, which ex- ceeds that which is appropriate to the status of the post held by him, the Fundamental Rules as amended from time to time shall apply.

8. Application for Allotment.—i I) An employee who seeks allotment or the continuance of allotment made to him, may apply at any time in that behalf to the competent au- thoiity and he shall apply for the aforesaid purpose when directed by the competent authority to do so, in such form and manner and by such date as may be prescribed by it.

(2) All applications received otherwise than in pursuance of a direction issued under sub-regulation (1) shall bo consi- dered for allotment in the succeeding month if such appli- cations are received before the 20th day of a calendar month.

9. Allotment of Residences and Offers.—(1) Save as other- wise provided in these regulations, a residence, on falling vacant shall be allotted by the competent authority to an applicant having the earliest priority date for that type of residence subject to tho following conditions :—

(i) the competent authority shall not allot a residence of a type higher than that to which the applicant is eligible under regulation 6,

(ii) the competent authority shall not compel any appli- cant to accept a residence of a type lower than that lo which he is eligible under regulation 6,

(iii) the competent authority on request from on appli- cant for allotment of a lower type of residence might allot to him a residence of any type below the type for which the applicant is eligible under regulation 6, on the basis of his priority date for the same.

(2) The competent authority may cancel the existing allot- ment to an employee and allot to him an alternative residence of a same type or in emergent circumstances an alternative residence of any type below the type of residence under the occupation of the employee if the residence in occupation of the employee is required to be vacated :

Provided that when a residence of the same type from which an employee was vacated becomes available at a Inter date, he shall be allotted the same, subject to his eligibility.

(3) A vacant residence may, in addition to allotment to an employee under sub-regulation (1), be offered simultane- ously to other eligible employees in order of their priority dates.

(4) If the competent authority is satisfied that in the interests of the Board's work it is necessary that residences should be allotted to two or more employees it may do so on the following terms and conditions, namely :—

fa) one of them shall be the principal allottee and the

other(s) shall be sub-allottees ;

(b) Ihe principal allottee shall remain personally respon- sible for the rent and for any damage caused to the residence beyond normal wear and tear ;

(c) the rent payable by the sub-allotlecfs) shall not, except with tile pievious sanction of the competent authority, exceed the rent as divided equally between allottees;

(d) the rent payable to the Board by the principal allot- tee shall he the rent payable to the Board by any one of the ajlottecs drawing the highest emoluments an defined under Fundamental Rule 45-0 had the residence been allotted to him direct by the com- petent authority.

1(1. Maintenance of separate Pools or Residence for cer- tain categories oE Rinpioyecs,—(1) Notwithstanding any'hing contained in these regulation¹., the following pools* of ie

(i) residence for Chairman;

(ii) residence for Depu y Chairmnn, if any ;

(iii) pool of residences for Heads of Department ;

(iv) pool of residences for Indy employees, who arc either

unmarried or widows.

(2) The number and type of residences to be placed in these pools shnlt be. determined by the Board from time to time.

(3) The inter-se seniority of the employees eligible for allotment shall be determined in accordance with, their ap- pointments to the port;, which entitle them for consideration of allotment in the pool.

11. Out of Turn Allotments.—(1) Notwi hstanding the provisions of regulation 9, an allotment mny be made by the competent authority on out of turn basis to an employee on grounds of serious illncsis of self or n member of his family in consulta'ion, if considered necessary, with the prescribed medical authority. The priority date for allotment in such cases sha'l be the date on which the application of the employee for out of turn allotment is received by 'fie competent authority.

(2) The Board, in respect of type V, tyre VI and type VII accommodation, ant⁵, the Chairman, in respect of all other cases may allot any residence on out of turn basis in special cases considering the nature of duties or conditions of de- putation of the employees concerned.

12. Noa-acceptance of Allotment on offer or failure to occupy the allotted residence after acceptance.—(1) If an employee fails to accept the allotment within five days or, fails to take po session of the residence after acceptance within eight days, from the datfi of receipt of the Tetter of allotment he shall not be eligible for another allotment for a period of one yenr from the date of allo'ment letter.

(2) If fin employee occupying a lower type of residence is allotted or offered a residence of the type from which he is eligible under regulation fi, or the lower type, he may, on refts.il of the said allotment or offer of allotment be permit- ted to continue in the previously allotment residence on the following conditions, name'y :—

fa) that such un employee shall not be eligible for another allotment for a period of one year from the date of allotment letter for the higher class of accommodation ;

(2) A residence allotted to nn employee may, subject to

sub-regulation (3), be retained on the happening of any of tho events specified in column (1) of the table below for the peiiod sped lied in the corresponding entry in column (.1) thereof, subject to the condition that the residence is required for the bonified use of the employee or members of his family.

TABLE

Events

Permissible period for re- tention of the residence

2

1

One month,

(i) Resignation, dismissal, re- moval or termination of service.

Two months.

(ii) Retirement or terminal leave.

Death of the allottee.

Four months.

(iii)

(iv)

Two months.

Transfer to a place outside the Headquarters.

(v)

Two months.

One proceeding on foreign service in India.

Four months.

(vi) Temporary transfer in India or deputation to a place outside India.

(vli)

For the period of leave but not exceeding 4 months Leave (other than leave preparatory to retirement. refused leave, terminal leave, medical leave, maternity leave or study leavo).

(viii) Leave preparatory to re- tirement or refused leave under regulations 28 or 29 of the Tuticorin Port Employees (Leave) Rcgu- lationa, 1979,

For the full period of leave on full average pay subject to a maximum of 4 mewths. inclusive of the period permissible in the case of retirement.

(ix) Study leave or deputation outside India.

For the period of leave but not exceeding six months.

Study leave in Tndia,

00

For the period of leave but not exceeding six months.

Leave on medical grounds. For the full period of ICKVC (xi)

On proceeding on training. For the full period of training.

(xii)

said table be entitic'l to retain that residence and he may also be eligible for any further allotment :

Provided that if the emoluments of the employee on s-uch re-ernploymenf do not entitle him to the type of residence occupied by him, he shall be allotted a lower type of residence whenever such type of residence falls vacant.

14. Provisions Relating to rent .—(1) Where an allotment of accommodation or alternative accommodation has been accepted, the liability for rent shall commence from the date of accupation or the eighth day from the date of receipt of the allotment letter, whichever is earlier.

(2) An employee who, after acceptance, fails to take possession of that accommodation within eight days from the du'le of leceipt of the allotment letter, sha 1 be charged rent from such date upto a period of one month or upto the date of re^Polinent of thit parricu ar accornmodi-ficu, wh'eh- ever is earlier.

(3) Where an employee, who is in occupation of a resi- dence is allotted ano'her residence, and be occupies the new residence, the allotment of the former residence shall be deemed to be cancelled from the day of occupation of the new residence. He may, however, retain the former resi- dence without payment of rent for that day and the subse- quent day for shifting.

15. Personal Liabi'ity of the Employee for payment of rent till the residence is vacated and furnishing of surety by temporary Employee .—(1) The employee to whom a resi- dence has been allotted shall be personally liable for the rent thereof and for any damage beyond normal wear and tear causd thereto or the furniture, fixtures or fittings or services provided therein by the Board during the period for which the residence has been and remains allotted to him, or where the a'lotment has been cancelled under any of the provisions of these regulations, until the residence along with the out houses appurtenant thereto have been vacated and full vacant possession thereof has been restored to the Board.

(2) Where an employee to whom a residence has been allotted, is neither a permanant, nor a quasi-permanent emp- loyee of the Board, he shall execute a surety bond in the form prescribed in this behalf by the competent authority with a surely, who sh;>l! be a permanent employee of the Board for due payment of rent and other charges due from him in respect of such residence and services or any other resi- dence provided in lieu thereof.

(3) If the surety ceases to be in the service of the Board or becomes insolvent or withdraws his guarantee or ceases to be avai'able for any other reason, the employee shall fur- nish a fresh bond executed by another surety within three days from the date of his acquiring knowledge of such event; and if he fails to do so, the allotment made to him shall, unless otherwise decided by the competent authority, be deem- ed to have been cancelled on the expiry of the time allowed for the purpose.

(4) Without prejudice to any action that may be taken under sections 130 and 131 of the Major Port Trusts Act, 1963 (38 of 1963), an employee shall also render himseif liable to disciplinary action and to such punishment as may be decided upon by competent authority in the case of any breach <5f this regulation.

16. Surrender of an allotment and the period of notice therefor .—An employee may at any time surrender an allot- ment by giv'mi notice in writing so as to reach the competent authority "at!east ten days before the date of vacation of the residence. The s?id allotment shall be deemed to be can- celled with effect from the eleventh day after the dr.y on which the notice received by the competent authority or the date spe- cified in the said notice, whichever is later. If he fails to give f'ue notice, he sb"!l be responsible for payment of rent for ten days or the number of days by which the notice given by him falls short of ten days.

Fiovided that if the competent authority is satisfied that the notice could not be given owing to circumstances beyond the control of the allottee, it may accept a notice for a shorter period.

17. Change of Residence.—(1) An employee to whom a residence has been allotted under these regulations may apply tor a change of residence within the same type. Not more than one change shall be allowed in respect of one type of residence allotted to the employee.

(2) Ai! changes under sub-regulation (1) shall be offered in the order of receipt of applications for the same in tnc office of the competent authority.

(3) If an employee fails to accept a change of residence offered to him within five days of the receipt of such offer of allotment he shall not be considered again for a change of allotment of that typs.

(4) When the competent authority is satisfied that a change under sub-regulations (1) and (2) cannot be given because of practical ciifficu'ties, its decision thereon shall be final.

18. Change of residence in the event of death of a member of family:—An employee may be allowed a change of resi- dence on the death of any member of his family, if he applied for change within three months of such occurrence, provided that the change may be given in a type other than the type of ve'Iaenco as al/e^-dy ailocied to the employee.

19. Mutual Exchange of Residence.—Employees to whom residences of the same, types have been al otted under these regulations may apply for permission to mutually exchange their residences. Permission for mutual exchanges may be granted if both the empolyces are reasonably expected to be on duty under the Board and to reside in their mutually ex- changed residences for atleast six months from the date of approval of such exchange.

20. Maintenance of Residence.—The employee to whom a residence has been al otted shall maintain the residence and pre ruse-, in a c'CE.n c-.-inditicn o t/i? s^israction of the com- petent authority. Such employees shall not grow any tree shrubs or plant;, contrary to the instructions issued by the comnetent authority nor cut or lop off any existing tree or shrubs in any garden, court yard or, compound attached to the residence save with the prior permission, in writing, of the cor.;pete-it authority. Tree, rOartstion or vegetation grown in contravention cf thfc regulation irav be caused to be removed by the competent authority at the risk and cost of the employee concerned.

21. Sab-Lettic? .in.l Sharing of Residences.—(1) No emp- loyee shall share the residence allotted to him or any of the out-house garages and stables appurtenant thereto except with the employees of the Board eligible for allotment under re- gulations and with the previous sanction of the competent authority and under such conditions as it may prescribe. The servant quarters, outhouses, garages, and stables may be used only for benafide purposes, including residences of the servants of (he allotee. or for such other purposes as may be permitted by the competent authority.

(2) No emp'oyee chal! sublet ^he whole of his residence.— Provided that an employee proceeding on leave may ac-

GOW,PV~di-te in he i^-Aicncc ptiv ether employee eligi- ble for allotment under these regulations as a care- taker, for a period not exceeding six months with the permission of the competent authority.

(3) Any employee who shares or sublets his residence shall do so at his own risk and responsibility and shall remain rer-:on;;i'y n^poirrbie f<"- rnT- rent payable in respect of the residence ?nrl for any cbrnage caused to ue residence or its r-ednrfa or grounds or services provi- ded therein by the Board beyond fair wear and tear.

22 Penalties for Evf-ndi of Rate- cr Conditions.—(11 With nut prejudice to any action that may be taken under sections 130 and 131 of the Mafor Trusts Act, 1963 (38 of 1963), the following penalties may, for good and sufficient reasons, be imposed by the competent authority for breach of these regu- lations and the conditions imposed thereunder namely :—

(i) if any employee to whom a residence has been allot- ted •,'ranth'r''iaedly sublets the '-esidence or charges rent from the sharer at a rate which the competent :..j;!i'"-rity considers excessive, cr erects any unauthorised structure in any part of the residence, or ii'es th° residence or any nortion thereof for any purposes other ihan that for which it is meant,

or tampers with the electric or water connection or commits tiny other broach of the regulations, or the terms and conditions of the allotment or uses the residence or premises or permits or suffers the resi- dence or permiifs lo be used for any purpose which the competent authority considers to be impoper, or conducts himself in a manner which in his opinion, is prejudicial to the maintenance of harmonious rela- tions with his neighbours or has knowingly furnished incorrect information in any application or written statement, with u view to securing the allotment, ihe competent authority may wihout prejudice to any other disciplinary action that may be taken against him cancel the al'lutment.

Fxplanation : In this clause, the expression 'employee' includes, unless the context otherwise requires, u member of the employee's family and any per- son claiming through him;

(ii) if the employee has in any application or state- ment suppressed any material fact, the competent authority may cancel the allotment with effect from the date he became ineligible for allotment tinder these regulations;

(iii) if an employee sublets a residence allotted to him or any portion thereof or any of the outhouses, garages or stables appurtenant thereto, in contra- vention of these regulations, he may, without pre- judice to any other oction that may be taken against him be charged enhanced rent not exceeding four limes the standard rent under Fundamental Rulr 45-A. The quantum of rent to be recovered and the period for which the same may be recovered in each case shall be decided by the competent authority on merits. In addition the employee may also be debarred from sharing the residence for such specified period as mny be decided by the competent authority.

(.2) Where action to cancel the allotment Is taken OQ account of unauthorised subletting of the premises, by the allottee, a period ol" sixty days shall be allowed to the allotcc and nny othei person residing with him therein lo vacate the premises. The allotment shall be cancelled with effect fiom the date of vacation of the premises or expiry of the period of sixty days from the date of the orders of cancellation of the allotment, whichever is earlier.

(3) Where the allotment is cancelled for conduct prejudi- cial to the maintenance of harmonious relations with neiRh- bours, the employee, at the discretion of the competent authority, ms>v be allotted another residence in the same type at any other place.

(4) The competent authority shall be empowered to take all or any <.>(• the actions under suh-regulations M) to (3) and also to declare the employee, who commits a breach of these rcgulation.s and instructions issued to him, to be in- eligible for allotment for a period not exceeding three years.

23. Overslayal in residence after cancellation of allot- ment.—Where utter an allotment has been cancelled or is deemed to be cancelled under any provision contained in these regulations, the residence remains or has remained in occupation of the employee to whom it was allotted or of any person claiming through him, such employee shall be liable to pay damages for use and occupation of the resi- dence, services, furniture and garden charges, equal to the market rent as may be determined by the competent autho- rity from time to time :

Provided that an employee, in special cases, may be allowed by the competent authority, to retain a residence on payment of twice the standard rent under Fundamental Rule 45-A or twice the pooled standard rent under Fundamental Rule 45-A whichever is higher foi¹ a period not exceedinfi six months.

24. Continuance of allotments made prior to the issue of these regulations -Any valid allotment under the rules then in force which is snbsistniy immcdialdv before the com- mencement of these iemulations, shall be deemed to be an allotment duly made under these regulations, notwithstand- ing that the employe to whom it has been made is not entitled to a residence of that type under regulation 6 and all the provisions- of these regulations shall apply In rela- tion to that allotment and that employee accordingly.

25. Interpretation of regulations.—If any questloi) arises as to the interpretation of these regulations, the same shall be decided by the Government.

26. Relaxation of regulations,—The Chairman or the Board may, for reasons to be recorded in writing, relax all or any of the provisions of these regulations in the case of any employee or residence or class of employees or type of residence.

27. Delegation of powers.—The Chairman or the Board may delegate any or all the powers conferred upon him or it by these regulations to an officer under his or its control subject to such conditions as he or it may deem fit to impose.

[PET-70/78] D. K. JAIN, Jt. Secy.

G.S.R. 104 (E).—In exercise of the powers conferred by sec- tion 126, read with section 28, of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby makes the following regulations, namely :—-

1. Short title and application :—(1) These regulations nmy be called The Tuticonn Port Trust Employees (Retirement) Regulations, 1979.

(2) They shall apply to all categories of employees of

the Bourd and Shore Labour Establishment.

2. Di'liniliuns :• —In ihcsc regulations unless the context

olheiwise requires, —

(a) '"Board" and "Chairman" shall have the meanings respectively a^siyneJ to them under the Major Port Trust Act, 1963;

(b) "Classes 1, 11, III and IV Services" shall tune the meaning 'respectively assigned to them in the Tuti- corin Port Trust Employees (Classification, Control and Appeal) Regulations, 1978.

3. Age of retirement :—Every employee of the flourd shall retire on superannuation on the afternoon of the lasl day of the month in which he attains the age ol 58 years except as otherwise provided for in these regulations :

Provided that thn Class IV employees of the Hoard, who entered service prior to the commencement of these regulations, shall retire on supei animation on the afternoon of the last day of the month in which they attain the age of 60 years.

4. Rc-cmployment after retirement :—An employee of the Board may, in the interests of the Board, be re-cmploycd in services of the Board after he uttains the age of 58 years .subject tu Ihe observance of the erik'ria laid down in t!¹e Aniitxure to these regulations.

5. Compulsory letiiement before the age nf supei.ninii.i- tion :—Notwithstanding anything contained in these regu- lations, the Chairman shall, if he is of the opinion that it is

in the Board's interest so to do, have the absolute right to retire any employee at any time by giving him notice of not less thun 3 months in writing or by giving 3 months' pay and allowances in lieu of such notice,—

(a) after the employee has nttained the age of—

(i) fifty years in the case of an employee in Class T am' Class TT service who had critered the Board's service before attaining the age of 35 years;

(ii) fifty five years in other cases; or

(b) after he has completed—

(i) 30 years of qualifying service in respect or fin em- ployee who is governed by the Central Civil Ser- vices (Pension) Rules, 1972, which aTe being adopted by (he Tuticorin Port Trust by (Adaptation of Rules) Regulations, 1978; or

(ii) 30 years of service in respect of an employee who is not governed by the Central Civil Services (Pen- sion! Rules, 1972, which are b=ing adapted by

Note :—To determine the retention of an employee In ser- vice beyond the age/servico prescribed, as¹ the case may be, shall be In the interests of the Board, re- views will be made in accordance with the proce- dure laid down by the Chairman from time to time.

6. Voluntary retirement before the age of superannua- tion :—An employee of the Board may, by giving notice of not less than 3 months in writing, retire from the service of the Board,

(a) after he has attained the age of—

(i) fifty years in the case of employees in Class 1 or Class II service who had entered service before attaining the age of 35 years; or

(ii) fifty five years in other cases; or

(b) after he has completed—

(i) 20 years of qualifying service in respect of an emp- loyee who is governed by the Central Civil Services (Pension) Rules, 1972, which are being adapted by the Tuticorin Port Trust (Adaptation of Rules) Re- gulations, 1978; or

(ii) 20 years of service in respect of an employee who is not governed by the Central Civil Services (Pen- sion) Rules, 1972, which are being adapted by the Tuticorin Port Trust (Adaptation of Rules) Regu- lations, 1978.

Note : — (i) It shall be open to the Chairman to withhold permission to an employee who is under sus- pension and who seeks to letire undur this re- gulation.

(ii) 3 months notice referred to in regulations 5 and 6 above may be given before lhe employee attains the age or before he completes the num- ber of years of service specified therein :

Provided that the actual retirement takes place after he has attained the age or has completed the prescribed number of years of service as the case may be.

(iii) While granting pension to an emplovee retirinR voluntarily under sub-clause (i) of clause (b) of regulation 6, weightage upto five years shull be given as an addition to the qualifying sen ice actually rendered by him. The grant of weigh- tage upto 5 years shall, however, be subject to the following conditions :—

7. Conditions for granting pension :—(i) The tolal quail fying service after nllowing the weightagc should not, in any event, exceed 30 years qualifying service, and

(b) The total qualifying service after giving the wdgrrfaee should not exceed the qualifying service M/hich he would have had, if he had retired voluntarily at the lowest age/ minimum services limit applicable to him for voluntary re- tirement prescribed under the pension rules, applicable to him.

ANNEXURE

CRITERIA FOR RE.EMPLOYMENT AFTER

SUPERANNUATION

vide regulation 4

1. No proposal for re-employment beyond the age of super- annuation shall ordinarily be considered.

2. Re-employment can be justified only in very rate and ex- ceptional circumstances. Even in such cases, 60 years uf age should" be the dead-line for non-sciefltinc/no'i-technical posts and 62 years in the case of scientific/technical posts.

3. The over-riding consideration for the grant of re-eraploy- ment is that it must be clearly in the Board's interests and H addition satisfy one of the following conditions, namely :—

(i) that the other employees are not ripe enough to take over the job; or

(ii) that the retiring employee is of outstanding merit. 4. No re-employment should be considered on the ground that a suitable successor is not available unless it is established that action to select a successor had been taken well in advance but the selection could not bo finalised in time for justifiable reasons,

[No. PET-66/78]

New Delhi, the 1st March, (979

GS.R. 1O5(E)—In exercise of the powers conferred by sec- tion 126, read with section 28 and sub-section (1) of sec- tion 88. of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby makes the following first regulations, namely :—

1, Short title and commencement.—d) These regulations may be called the Tuticorin Port Trust (Pension Funri"i Regulations, 1979.

|C2j They shall come into force on the first day of April, 1979

2, Definitions. —In these regulations, imteis the context otherwise requires—

(a) "Act" menns the Major Port Trust Act. 1963 (3R of 1963);

(b) "Board" means the Hoard nf Trustees for the Port of Tuticorin:

fc) "Chairman" means the Chairman of the Board;

Id) "Employee" means an employee of the Board whether permanent or temporary who has died or retire^ or resigned from the service under the Board or whose services have been terminated but does not include any permanent or temporary employee of the Central or State Government or a local body or other authority on deputation wilh the Board;

(c) "Fund" means the Tuticorin Port Trust Pension Fund established under Regulation 3;

ill') "general account" means the general accovml of the Board;

(s) "pension" includes family pension;

(h) "pension rules" means all existing regulations and orders to provide pensions, gratuity and commu- tation of pension which continue to be in force by virtue of the Tuticorin Port Trust (Adaptation of Regulations) Regulations, 1979, or such other re- gulations as may bo framed by the Board In tnis bthalf to replace or modify the aforesaid regula- tions nnd orders.

3. Establishment of the Fund.—There shall be establish- ed u Fund to be called the TiMicorin Porl Trust Pension Fund and there shall be credited thereto-—

(a) such annual contiibution from the general account as the Chairman may deem reasonably sufficient for meeting the future liability of pension and gra- tuity in respect of the employees;

(b) interest and profit on investments belonging to the fund;

ic) any other sum made over to the Fund by way of gift or donation;

(d) refund of any excess payment of pension or gratuity as may be recovered.

4. Administration of the Fund.—The fund shall be admi- nistered by the Chairman.

*. Fxpenrliturc from the Fund.—Expenditure may be In- curred out of the Fund for one or more of the following purposes, namely :—•

(a) payment of pension and family pension JS admis- sible under the pension regulations to the employees or their family members or their dependents, as the case may be;

(b) payment of gratuity death-cum-rctirement gratuity and terminal gratuity be admissible under the pen- sion regulations to the employees or their family members or their dependents, as the case may be;

(O payment of commuted value of pension as admis- sible under the pension regulations.

6. Disbursement of (he Fund.—Disbursement shall Fe made out of the Fund to the employees or their family members or their dependents as per the provisions of the pension regulations under specific sanction of the Chairman.

p 7. Investment of (he Fund.—The Chairman may invest the whole or a part of the fund in public securities or in such other secunt.es us the Central Government may ftp- prove m this behalf.

8. Interpretation.—If any question arises relating to the

l5 lr p^ la ti ?P -of t h e se regulations the same shall be decid- ed by the Chairman.

[PET-62/78]

GAR. 106(E).—In exercise of the powers conferred by sec- tion 126, read witht section 28 of the Major Port Trusts Act 1963 (38 of 1963), the Central Government hereby makes the following regulations, namely :—

1. Short title and commencement : (a) These regulations may be called he Tuticorin Port Employees (Acceptance of Employment after Retirement) Regulations, 1979.

(b) They ihall come into force on the 1st April 1979,

2. Application : These regulation shall apply to all those employees who are holding or who have hold Class I posts under the Board.

3. Definitions : In these regulations, unless the context

otherwise requires,—

(a) "Board" and "Chairman" shall have the same mean- ing assigned to them in the Major Port Trusts Act, 1963 (38 of 1963) ;

(b) "Class I posts" means the posts classified as such by the Board from time to time under the Tuticorin Port Employees (Classification, control and Appeal) Regulations, 1979 ;

(c) "Competent Authority" means the "Chairman" for

the purpose of these regulations.

(d) "Port Trust" means the Tuticorin Port Trust.

1208 GI/7K—13

4. Permission for employment :

(a) No person, who has held a Class I post under the Board immediately before retirement shall accept any commercial employment including an em- ployment as contractor for or in connection with the execution of Board's works or as an employee of such contractor, before the expiry of two years from the date o( retire- ment without obtaining the previous permission of the competent authority.

Explanation: For the purpose of this regulation, the term

"commercial employment" means —

(,i) an employment in any capacity including that of an ngent under a company, co-operative society, firm or individual engaged in trading, commercial, in- dustrial, financial or professional business and in- cludes also a directorship of such company and par- tnership of such firm, but does not include employ- ment under a body corporate, wholly or substan- tially owned or controlled by the Government;

(ii) setting up practice, either independently or as a partner o[ a firm, us adviser or consultant in matters in respect of which the retired employee ;

(a) has no professional qualifications and the matters in respect of which the practice is to be set up or his carried on are relatable to his official know- ledge or experience ; or

(b) has professional qualifications but the matters in respect of which such practice is to be set UP are such as are likely to give his clients an unfair advantage by reason of his previous official posi- tion ; or

(iii) has to undertake work involving liaison or contact

with the offices or officers of the Board.

(2) No person who is covered by these regulations and has not obtained the necessary permission shall be given any contract with the Board.

(3) The officers concerned to whom these regulations apply shall be required to sign at the time of sanctioning the retirement benefits, an undertaking in such form, as may be prescribed by the competent authority, that they shall not accept any commercial employment within two ycais of retirement without obtaining the previous permission of the competent authority.

Note : The undertaking shall be given on a non-judicial stamp paper of appropriate value, the cost of which shall be borne by the retiring officer.

(4) In default, an officer—

(i) If governed by the Pension Regulations of the '. •- Board, shall forfeit his pension for the period during which he is so employed or for such longer period ns the competent authority may direct ; and

(ii) If governed by the contributory Provident Fund Regulations shall be liable to compensate the Board to the extent the competent authority may decide for not honouring the undertaking made earlier to the contrary :

Provided that before imposing any such penalty, such officer shall be given a reasonable opportunity of making representation against the penalty proposed :

Provided further that an officer permitted by the compe- tent authority to take up such an employment during his le^Ve preparatory to retirement shall not be required to obtain fresh permission on retirement for continuance there- in,

(5) t he application for permission to take up an em- ployment within two years of retirement shall be made to the competent authority in Form A appended to regulations (Appendix-A).

5. Conditions for grant of permission : The grant of permission under these regulations shall be subject to the fulfilment of the following conditions, namely :

iA) Whether the officer while in service had any such dealing with the proposed employer as might pro- voke the suspicion that he had shown favour to the latter ;

(b) Whether his duties are such that his official know- ledge and experience could be used to give the employer an unfair advantage ;

(c) Whether his duties ar? such as might bring him

into conflict with th" Port Trust

(d) Whether the proposed employment is of a tho-

roughly reputable kind ;

Note : Employment involving contract or liaison work with the Board shall not be considered as employment of a thoroughly reputable kind; and

(e) Whether there are any exceptional circumstances, which would make the refusal of consent a real hardship to the employee.

6. Permission for employment outside India : (1; No employee (whether grovemed by the Pension or the Contri- butory Provident Fund Schemes of the Trust) who has held a Class I post under the Board immediately before his reti- rement shall accept any employment under a foreign govern- ment or employment outside India without obtaining the previous permission of the competent authority.

(2) The officer shall be required to sign an undertaking to this effect at the time of sanctioning retirement benefits.

t3) in default, an officer,

(a) if governed by the pension scheme of the Trust, shall forfeit the pension for the period during which he is so employed or for such longer period as the Board or the Chairman may direct; and

(b) if governed by the Contributory Privident Fund Scheme of the Trust, shall be liable to compensate the Trust to the extent the Board or the Chairman may decide for not honouring the undertaking made earlier to the contrary :

Provided that before imposing any such penalty, such officer shall be given a reasonable opportunity of making iepre"entation against the penalty proposed :

Provided further that an officer permitted by the compe- tent authority to take up such an employment during his leave preparatory to retirement shall not be required to obtained fresh permission on retirement for the continuance (herein :

Explanation : The employment under a foreign govern- ment shall include employment under a local authority or corporate or any other institution or organisation which functions under the control or supervision of a foreign Government.

7. Reckoning of two years period : The period of two years for the purpose of these regulations shall in the case of an officer who is reemployed after retirement without a break in the same or another class T post, be reckoned from the date from which he finally quits the Board's service.

FORM A

Form of application for permission to accept employment within a period of two years after retirement

1. Name of the Officer (In Block letters)

2. Date of retiremont

3. Particulars of ;he Department In which the officer served during five years preceding retirement (with duration) :

Name of the Department

Post held Duration

From TO

4. Post held at the time of retirement and period for which held:

(c)

Pay scale of the post and the pay drawn by the Officer at the time of retirement :

Duration or nature of the Official dealings with the firm/company, etc.

6. Retirement benefits :

(d) Name of job/post offered

(O Whether post was advertised, if not how wns oiler made.

(i) If governed by the Contri- butory Provident Fund Scheme :

(a) amount of special Contribution .

(() Description of the duties of job/ post

(b) amount of Trust's Contribution :

(c) amount of any other contribution :

(B)

(ii) Tf governed by the Pension Scheme :

Does it involve liaison/contract work with Tulicorin Port Trust •>

(a) Pension expected/sanctioned

(h)

(commutation, if any, should be mentioned)

Remuneration offered for the post/Job.

(b) Gratuity, if any,

7. Details regarding employment pro- posed to be taken up :

8, Any information which Ihc appli- cant desires to furnish in support of his request.

Station :

(a) Name of the firm /company/ co-operative society etc.

Dnte :

(b) Whether the Official had durln"

his official career any dealings with the firm/company etc.

[PET-63/78] D. K. JAIN, Jt Secy.

PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS, 1UNG ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBI IOTIONS, DELHI-1 1 0 0 54 1979