Documentos de Académico
Documentos de Profesional
Documentos de Cultura
com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
CHAPTER-II
(PUBLISHED IN PART II SECTION 3 SUB-
SECTION (i) OF THE EXTRAORDINARY 4 DEFINITIONS – In these regulations
ISSUE OF THE GAZETTE OF INDIA, DATED unless the context otherwise requires:
RD
23 JULY, 2001)
(1) ‘ACT’ means the ‘MAJOR PORT
MINISTRY OF SHIPPING TRUSTS ACT 1963’
(Ports Wing) (2) Board, Chairman, Deputy Chairman
and Heads of Departments shall have
NOTIFICATION the same meaning as assigned to
them in the Act
New Delhi the 23rd July, 2001
(3) CADRE’ means the strength of a
G.S.R.No.548(E) – In exercise of the powers service or a part of a service
conferred by Sub-Section (i) of Section, 124, sanctioned as separate unit
read with Sub-Section (i) of Section 132 of the (4) ‘COMPENSATORY ALLOWANCE‘
Major Port Trusts Act, 1963(38 of 1963), the means an allowance granted to meet
Central Government hereby approves the personal expenditure necessitated by
Chennai Port Trust Employees’ (Pay and the special circumstances in which
Allowances, etc) Regulations, 2001 made by duty is performed. It includes a
the Board of Trustees of the Chennai Port traveling allowance only within the
Trust as set out in the Schedule annexed to country
this Notification.
(5) ‘COMPETENT AUTHORITY’ means
2. The said Regulations shall come into the Appointing Authority’
force on the date of publication of this
Notification in the Official Gazette. (6) ‘DUTY’ includes
SCHEDULE a) (i) service as a probationer
provided that such service is
CHENNAI PORT TRUST (PAY AND followed by confirmation and
ALLOWANCES ETC.) REGULATIONS, 2001
(ii) Joining time
In exercise of the powers conferred
under Section 28 of the Major Port Trusts Act, b) (i) during a course of instruction
1963, the Chennai Port Trust Board hereby or training in India, and
makes the following regulations :- (ii) such other periods of
CHAPTER - I authorized absence as may be
decided as duty by the Chairman
PRELIMINARY
based on the instructions issued by the
1. SHORT TITLE – These regulations shall Government of India from time to time
be called the Chennai Port Trust (Pay and
(7) ‘EMPLOYEE’ means an employee
Allowances, etc.) Regulations, 2001
whether permanent or temporary on a
2. APPLICATION – They shall apply to all time scale of pay borne on the Board’
employees whose posts are borne on the Schedule of Employees
Schedule of Employees of the Chennai Port
(8) ‘FEE’ means a recurring or non-
Trust Board including those who are appointed
recurring payment to an employee
on deputation terms and conditions
from a source other then General
3 DELEGATION OF POWERS – The Board Account of the Port but does not
may delegate with the approval of the Central include
government any powers conferred under
(a) unearned income such as
Section 21 of the Major Port Trusts Act, 1963.
Income from property, dividends and
The powers delegated to various authorities
interest on securities; and
under these regulations are specified in
Appendix 1 (b) income from literary, cultural,
artistic, scientific or technological
1
GSR No.548 (E), dated 23.07.2001 (BR No. 159, dated 28.12.1995)
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
efforts and Income from participation in calculated and the odd number of days
sports activities as amateur calculated subsequently
(9) ‘FOREIGN SERVICE‘means service in (16) ‘OFFICIATE ‘ An employee officiates in
which an employee receives his pay a post when he performs the duties of
under competent sanction from any a post on which another person holds
source other than the General Account a lien. The competent authority may, if
of the Port. he thinks, fit, appoint an employee to
officiate in a vacant post on which no
(10) ‘GOVERNMENT’ means the
other employee holds a lien
Government of India
(17) ‘PAY’ means the amount drawn
(11) ‘HONORARIUM’ means a recurring or
monthly by an employee as –
non-recurring payment granted to an
employee as remuneration for special (i) the pay other than special pay
work of an occasional or intermittent or pay granted in view of his personal
character qualifications, which has been
sanctioned for a post held by him
(12) ‘JOINING TIME‘ means time allowed
substantively or in an officiating
to an employee in which to join a new
capacity, or to which he is entitled by
post or to travel to or from a station to
reason of his position in a cadre, and
which he is posted
includes pay drawn in a temporary
(13) ‘LEAVE SALARY’ means the monthly post;
amount paid to an employee while on
ii) special pay, personal pa ; and
leave or one time yearly payment of
cash equivalent of encashable leave ii) any other emoluments which
as the case may be may be classed as pay by the
Government
(14) ‘LIEN’ means the title of an employee
holding a post substantively (18) ‘PERMANENT POST’ means a post
carrying a definite rate of pay
Provided that all those who are
sanctioned without limit of time
confirmed in the grade of entry or who
have been promoted to a higher post 19) ‘PERSONAL PAY’ means additional
declared as having completed the pay granted to an employee –
probation where it is prescribed or
(i) to save him from a loss of
those who have been promoted on a
substantive pay in respect of a regular
regular basis to a higher post where no
post due to revision of pay or to any
probation is prescribed shall have the
reduction of such substantive pay
benefit of the concept of the lien.
otherwise than as a disciplinary
Provided further right / title of measure ; or
an employee to hold a regular post as
(ii) in exceptional circumstances,
specified above shall be subject to the
on other personal considerations, in
condition that the junior most
accordance with the general orders
employee in the category shall be
issued by the Government
liable to be reverted if he is holding a
promotion post or terminated from (20) ‘PORT’ means the Port of Chennai
service if he is holding the lowest post within such limits as notified by the
as the case may be if at any time the Government under Section 2 (q) of the
number of incumbents is more than the Act
posts available in that category so as
(21) ‘PRESUMPTIVE PAY OF A POST’
to maintain the sanctioned strength.
When used with reference to any
(15) ‘MONTH’ means a calendar month particular employee, means the pay to
unless specified otherwise in any of which he would ; be entitled if he held
the provision of these Regulations, In the post substantively and were
calculating a period expressed in terms performing its duties; but it does not
of months and days, complete include special pay unless he performs
calendar months, irrespective of the or discharges the work or
number of days in each, should be
2
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
3
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
5
1
GSR No. 39 (E), dated 20.01.2005 (BR Nos 68, dated 01.09.2003, 63, dated 15.10.2004)
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
8
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
he is allowed to cross the efficiency bar, the time-scale of pay, count for increment in the
next “ increment above the stage will accrue to time-scale applicable to such lower post. The
him, on the usual date of drawal of increment, period of officiating service in the higher post
if otherwise admissible and not after rendering which counts increment in a lower post is,
one year’s service however, restricted to the period during which
the employee would have officiated in the
21. The following provisions prescribed the
lower post but for his appointment to the
conditions on which service counts for
higher post. This clause applies also to an
increments in a time-scale:
employee who is not actually officiating in the
(1) All duty in a post on a time-scale lower post at the time of his appointment to the
counts for increments in that time-scale. higher post, but who would have so officiated
in such lower post or in a post on the same
Provided that, for the purpose of
time-scale of pay had he not been appointed
arriving at the date of the next increment in
to the higher post.
that time-scale, the total of all such periods as
do not count for increment in that time-scale, (4) Foreign service counts for increments
shall be added to the normal date of in the time scale applicable to –
increment.
(i) the post in the Board’s service
(2) (i) Service in another post, other on which the employee concerned
than a post carrying lower pay referred holds a lien
to in clause (1) of Regulation 12,
(ii) the post in the Board’s service
whether in a substantive or officiating
in which the employee was officiating
capacity, service on deputation out of
immediately before his transfer to
India and leave except extraordinary
foreign service, for so long as he would
leave taken otherwise than on medical
have continued to officiate in that post
certificate shall count for increment in
or a post on the same time-scale but
the time-scale applicable to the post or
for his going on foreign service, and
posts, if any on which the employee
holds a lien. (iii) in the post in which he would
have held in an officiating capacity
(ii) All leave except extraordinary
under the ‘next below rule’
leave taken otherwise than on medical
certificate and the period of deputation (5) Joining time counts for increment.
out of India shall count for increment in
EXPLANATION: for the purposes of this
the time-scale, applicable to a post in
regulation, the period treated as duty under
which an employee was officiating at
sub-clause (b) of clause (6) of Regulation 4
the time he proceeded on leave or
shall be deemed to be duty in a post if the
deputation out of India and would have
employee draws pay of that post during such
continued to officiate but for his
period.
proceeding on leave or deputation our
of India. NOTE:
Provided that the Chairman (1) In the case of an employee who has
may, in any case, in which he is officiated in a higher post in short
satisfied that the extraordinary leave spells on different occasions before he
was taken by the employee due to his is regularly appointed in that post, the
inability to join or rejoin duty or account pay and date of increment should first
of civil commotion or for prosecuting be determined by giving the benefit of
higher scientific or technical studies, past service first under the proviso to
direct that extraordinary leave shall be Regulation 18 (2) and then proviso to
counted for increment and treated as Regulation 21 (1) applied to postpone
qualifying service for pension. the date of increment by spells of non-
qualifying periods, if any occurring
(3) If an employee, while officiating in a
after regular appointment in the post.
post or holding a temporary post on a time-
scale of pay, is appointed to officiate in a (2) The increment of every employee
higher temporary post, his officiating or should be admitted from the first of the
temporary service in the higher post shall, if he month in which it falls due, under the
is reappointed to the lower post, or is operation of the normal rules / orders
appointed or reappoint to a post on the same regulating increment.
9
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
(3) In the case of employees who are last drawn. The grant of the concession
stagnating at the maximum of the will be subject to the condition that may be
scales of pay are eligible for stagnatic laid down from time to time.
increments at the rate of an increment
An employee holding a lower post
which brought them to the maximum of
regularly and officiating in a higher post on
the scale of pay for every two years of
ad hoc basis is also entitled for the
such stagnation. Heads of
incentive increment in the scale of the post
departments are not eligible for
held at the time of sterilization operation.
stagnation increment. Terms and
conditions for grant of such stagnation [the words ‘two/three’- substituted by word
increments shall be decided by the ‘two’ vide GSR No.39(E) dated 20.1.2005]
Government from time to time. (B) Even after one child,
22. Competent authority may grant a employees or their spouses who undergo
premature increment an employee on a time- sterilization operation after having one
scale of pay child may also be granted special
increment. The other conditions laid down
NOTE: remain unchanged.
(1) Future increments after premature The concession will be admissible only to
increment to be regulated in the normal those employees or whose spouses
course, in the absence of special orders to the undergo the sterilization operation on or
contrary. after 4-12-1979.
EXCEPTIONS: The powers under this CLARIFICATIONS:
regulation should not be invoked to grant
premature increment in the following cases: Regulation of sterilization increment (Personal
(i) as reward for meritorious work Pay) in various circumstances
(i) While serving outside the cadre on
(ii) in disregard of the normal rules
deputation / foreign service
governing fixation of pay except in
cases of hardship or where the When an employee qualifies for the
circumstances are unusual special increment while serving outside, the
cadre on deputation / foreign service or
(iii) to take into account the transfer, the rate of special increment to be
monetary equivalent of certain given in the form of personal pay would be
perquisites allowed, special pay determined with reference to employee’s
drawn, or deputation allowance parent grade only, whether he draws his grade
granted in a previous post, for the pay plus deputation allowance or pay in the
purpose of fixing the initial pay on scale of the deputation post.. No deputation
appointment to another post where allowance would be admissible on the
such monetary benefits are not personal pay. The special increment will be
permissible. admissible in addition to the ‘next below rule’
(2) Special increment for undergoing benefit.
sterilization operation: (ii) On reversion from a deputation post /
(A) After 1[two] surviving children the higher post
special increment in the form of personal The employee would continue to draw
pay, not to be absorbed in future increases the special increment at the same quantum of
in pay either in the same post or on his reversion from a deputation post, or on
promotion to higher post may be granted reversion from a higher official appointment
to employees who or whose spouse
undergo sterilization operation. The rate of (iii) Significance of the term ‘not to be
personal pay would be equal to the absorbed in future increases’.
amount of the next increment due at the The special increment to be granted in
time of the grant of the concession and will the shape of personal pay is not to be taken
remain fixed during the entire service. In into account for fixation of pay on promotion.
the case of persons drawing pay at the The benefit of personal pay should continue to
maximum, the rate of personal pay would be available at the same rate even after
be equal to the amount of the increment promotion.
10
1
GSR No. 39 (E), dated 20.01.2005 (BR Nos 68, dated 01.09.2003, 63, dated 15.10.2004)
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
(iv) When held up at E.B. stage / under The personal pay can by drawn be
reduction. either the husband or the wife and there is no
objection to the choice being left to them so
The benefit of special increment would that they can choose the higher of the two
be allowed even if the employee is held up at increments available to them.
the efficiency bar stage of his time-scale.
Since the benefit is to be allowed in the shape (xi) Sanctioning Authority
of personal pay, the grant of the same should The personal pay can be sanctioned by the
not amount to the crossing of efficiency bar by head of the department by issue of suitable
the employee concerned. office order after satisfying himself that the
Once the employee gets the benefit of conditions prescribed are satisfied.
special increment at a particular rate, he would (xii) Hysterectomy
continue to draw the same even if he is
reduced to a lower stage in his time-scale of As hysterectomy is a purely health
pay or reduced to a lower service, grade or measure, it cannot be brought under the
post, by way of penalty under Chennai Port purview of these orders.
Trust Employees’ (Classification, Control and (xiii) Birth of twins
Appeal) Regulations, 1988.
The special increment may be allowed
(v) While under suspension in all cases of sterilization where the couple
During suspension the employee had twins after the birth of their 1[first] children
draws subsistence allowance only. There although the number of children becomes
1
would, therefore, be no question to grant him [three].
the benefit of special increment if he becomes [the words ‘first two’- substituted by word ‘first’’
entitled to that when he is placed under vide GSR No.39(E) dated 20.1.2005]
suspension. However, if he qualifies for the
benefit before he is placed under suspension, (xiv) Under going second sterilization after
the personal pay would be taken into account date of effect
in the computation of subsistence allowances. Persons who have undergone sterilization
(vi) During leave before the date of issue of the orders and have
undergone sterilization again after the date of
During regular leave, the employee draws issue of the orders because the earlier
leave salary. Therefore, he would not be given operation turned out to be a failure will not be
the benefit of special increment during the eligible for the incentive, as the action for
leave period. However, if he qualifies for the sterilization was initiated prior to the issue of
benefit before he proceeds on leave, the the orders.
special increment would be taken into account
in the computation of leave salary. (xv) In case of recanalisation
(vii) While under Training In case of recanalisaton the special
increment may be withdrawn from the date of
If a training for which an employee is recanalisation.
deputed is in the Board’s interest and he gets
pay and allowances of the post from which he (xvi) Minilap operation
is sent on training, the benefit of personal pay ‘Minilap’ operation is a form of female
would be admissible. sterilization (Tubectomy) and as such the
(viii) Effect on cash incentives incumbent is eligible for grant of increment as
per rules.
The personal pay would be admissible
over and above the other cash incentives. (xvii) In case of birth of Triplets
(ix) Date from which the special increment If an employee who already has 1[one]
is admissible living child gets a triplet (Three children) on the
subsequent delivery and thereafter he / she or
For administrative convenience, the his / her spouse undergoes sterilization
benefit should be allowed from the first of the operation, he / she may be granted incentive
month following the date of sterilization. increment.
(x) When both husband and wife are
Board’s employees –
11
1
GSR No. 39 (E), dated 20.01.2005 (BR Nos 68, dated 01.09.2003, 63, dated 15.10.2004)
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
[the word ‘two’- substituted by word ‘one’’ vide (a) If the said order is set aside he
GSR No.39(E) dated 20.1.2005] shall be given for the period such order
has been in force, the difference
23. The authority which orders the transfer
between the pay to which he would
of an employee as a penalty from a higher to a
have been entitled had that order not
lower grade or post may allow him to draw any
been made and the pay he had
pay, not exceeding the maximum of the lower
actually drawn;
grade or post which it may think proper:
(b) If the said order is modified,
Provided that the pay allowed to be
that shall be regulated as if the order
drawn by an employee under this regulation
as so modified had been made in the
shall not exceed the pay which he would have
first instance.
drawn by the operation of Regulation 18 read
with sub-regulation (2) or sub-regulation (3) as EXPLANATION: If the pay drawn by an
the case may be of Regulation 21. employee in respect of any period prior to the
issue of the orders of the competent authority
CLARIFICATION: Once the pay is fixed in the
under this regulation is revised the leave
lower post in the manner indicated above, the
salary and allowances (other than traveling
regulation of increments in the lower post will
allowance), if any, admissible to him during
be made under the normal regulations unless
that period shall be revised on the basis of
the increment in the lower post is withheld.
revised pay.
24 (1) If an employee is reduced as a
26. The Chairman may fix the pay of an
measure of penalty to a lower stage in
officiating employee at an amount less than
his time-scale, the authority ordering
that admissible under these regulations.
such reduction shall state the period
for which it shall be effective and EXPLANATION:
whether, on restoration, the period of
(1) The power conferred under this
reduction shall operate to postpone
regulation is not exercisable save by a
future increment and, if so, to what
special order passed in an individual
extent.
case and on a consideration of the
(2) If an employee is reduced as a facts of the case. A general order
measure of penalty to a lower grade purporting to oust universally the
or post to a lower time-scale, the operation of the pay fixation
authority ordering the reduction may, regulations is not permissible.
or may not specify, the period for
(2) This regulation cannot be invoked in
which the reduction shall be effective;
respect of regular cadre promotions
but where the period is specified, that
where the pay has to be fixed under
authority shall also state whether, on
the relevant regulation.
restoration, the period of reduction
shall operate to postpone future (3) This regulation can be invoked to
increments and if so, to what extent. restrict the increase in pay in a case in
which an employee is appointed to
NOTE: Under sub-regulation (1) of this
hold one or more additional posts or
regulation reduction to a lower stage in the
transferred on deputation / foreign
time- scale, cannot be ordered as a permanent
service to another post outside the line
measure. It can be only for a specific period at
of his promotion or appointed to
the end of which the employee’s pay must be
officiate in a higher post or any other
restored depending upon whether the period of
similar case
reduction shall be cumulative / non-cumulative.
27. The Chairman may issue general or
25. Where an order of penalty of
special orders allowing acting promotions to be
withholding of increment of an employee or his
made in place of employees who are treated
reduction to a lower service, grade or post, or
as on duty under Regulation 4 (5) (b).
to a lower time-scale, or to a lower stage in a
time-scale, is set aside or modified by a 28 Special / Personal Pay
competent authority on appeal or review, the (1) The posts on which special pays are
pay of the employee shall, notwithstanding
admissible to the employees are specified in
anything contained in these regulations, be the schedule of employees.
regulated in the following manner:
12
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
(2) Except when the Chairman orders (1) An employee may be permitted, if this
otherwise, personal pay shall be reduced by can be done without detriment to his official
an amount by which the recipient’s pay may be duties and responsibilities, to perform a
increased, and shall cease as soon as his pay specified service(s) for a private person or
is increased by an amount equal to his body or for a public body including a body
personal pay. administering a local fund and to receive a
remuneration therefore, if the service be
CHAPTER-V
material, a non-recurring or recurring fee. The
ALLOWANCES AND OTHER payment should be from a source other than
ADDITIONS TO PAY Board’s General Fund Account.
29. Grant of Compensatory / Special (2) No employee may undertake work for
Allowance: a private or public body or a private person, or
(i) The grant of compensatory / accept a fee, therefore, without the sanction of
special allowance to the employees the authority as indicated in the delegation of
shall be so regulated that the powers who, unless the employee is on leave
allowance is not on the whole a source shall certify that the work can be undertaken
of profit to the recipient without detriment to his official duties and
responsibilities.
(ii) The rates and conditions for
the grant of compensatory allowance / (3) Unless the Chairman otherwise
special pay/ special allowance shall be decides, an employee may retain the full fee
such as may be prescribed in the received by him up to a limit of Rs.500. If the
schedule of employees from time to fee exceeds the limit, one-third of the fee
time received should be credited to the Board’s
General Fund Account. Non-recurring and
(iii) A compensatory allowance recurring fee should be dealt with separately
attached to a post will cease to be and should not be added for purpose of
drawn by an employee when he crediting one-third of the amount in excess of
vacated the post Rs.500. In the case of the former the limit of
30. (1) Dearness Allowance: Rs.500 prescribed should be applied in each
individual case and in the case of the latter the
Dearness Allowance at such rates as limit should be applied with reference to the
may be prescribed by the Government from total recurring fee received in that financial
time to time shall be payable to the employees year.
in addition to pay. The amount of dearness
allowance shall be adjusted quarterly at the NOTE:
prescribed rate in accordance with the average (1) The above regulation does not apply to
increase in the price index applicable to them. fees received by employees from
(2) House Rent Allowance: universities and other statutory bodies
like the Institute of Port Management,
House Rent Allowance at such rates other Ports and from autonomous
as may be prescribed by the Government from bodies which are financed wholly or
time to time shall be payable to the employee substantially by Government grants /
who are not in occupation of residences loans for their services connected with
provided by the Port. the examination conducted by the
(3) Compensatory (City) Allowance : bodies or for delivering lectures.
The Compensatory (City) Allowance at (2) The above regulation does not apply to
such rates as may be prescribed by the fees received by employees for similar
Government from time to time shall be payable services from public sector
in addition to pay. undertakings / enterprises which are
wholly or substantially owned by
(4) The House Rent and Compensatory Government even though they are not
(City) Allowance payable under different examining body.
circumstances and the general conditions for
the payment shall be regulated in the manner (4) The above regulation does not apply
as in Appendix-3. to payments received by employees
for services rendered for international
31. FEES: bodies like U.N.O., U.N.S.C.O., etc.
13
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
14
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
15
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
period subsequent to the period of the allowance and other allowances equal to the
first three months as follows:- amount b which his earning during such period
or periods, as the case may be, fall short of the
(i) the amount of subsistence
amount, of subsistence allowances and other
allowance may be increased by a
allowances that would otherwise be admissible
suitable amount, not exceeding 50
to him where the subsistence allowance and
percent of the subsistence
other allowances admissible to him are equal
allowance admissible during the
to or less than the amount earned by him,
period of the first three months if,
nothing in this proviso shall apply to him.
in the opinion of the said authority,
the period of suspension has been (1) CLARIFICATIONS:
prolonged for reasons to be
SUBSISTENCE ALLOWANCE
recorded in writing, not directly
attributable to the employee; (a) Initial Grant – An employee under
suspension is entitled to subsistence and other
(ii) the amount of subsistence
allowances from the date and during the
allowance, may be reduced by a
period of suspension under the provisions of
suitable amount, not exceeding 50
this Regulation.
percent of the subsistence
allowance admissible during the Payment of each claim for subsistence
period of the first three months if, and compensatory allowance should be
in the opinion of the said authority, supported by a certificate by the employee
the period of suspension has been concerned to the effect that he was not
prolonged due to reasons, to be engaged in any employment, business,
recorded in writing, directly profession or vocation, during the period to
attributable to the employee; which the claim relates.
(iii) the rate dearness allowance The subsistence allowance shall not
will be based on the increased or, be denied on any ground unless an employee
as the case may be, the is unable to / does not furnish a certificate that
decreased amount of subsistence he is not engaged in any other employment,
allowance admissible under sub- business, profession or vocation, during the
clause (i) and (ii) above. period of suspension.
(b) Any other compensatory (b) FIRST REVIEW – First review of the
allowances admissible from time to subsistence allowances should be made at the
time on the basis of pay of which the end of three months from the date of
employee was in receipt on the date of suspension as this would also give an
suspension subject to the fulfillment of opportunity to the concerned authority to
other conditions laid down for the review no merely the subsistence allowance
drawal of such allowances. but also the substantive question of
suspension.
(2) No payment under sub-regulation (1)
shall be made unless the employee furnished It is obligatory under this regulation
a certificate that he is not engaged in any other that in sufficient time before the expire of the
employment, business, profession or vocation: first three months of suspension, the
competent authority should review each case
Provided that in the case of an
in which the period of suspension is likely to
employee dismissed, removed or compulsory
exceed three months and even if it comes to
retired from service, who is deemed to have
the conclusion that the rate is not to be altered
been placed or to continue to be under
having regard to all the circumstances of the
suspension from the date of such dismissal or
case, specific orders to that effect are to be
removal or compulsory retirement, under sub-
passed placing on the record the
regulation (4) or sub-regulation (5) of
circumstances under which the decision had to
Regulation 7 of the “Chennai Port Trust
be taken.
Employees’ (Classification, Control and
Appeal_ Regulations, 1988” and who fails to (c) SECOND OR SUBSEQUENT
produce such a certificate for any period or REVIEW – Though this regulation does not
periods during which he is deemed to be specifically provide for a second or subsequent
placed or to continue to be under suspension, review, there is no objection to such review (s)
he shall be entitled to the subsistence being made by the competent authority. Such
16
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
17
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
18
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
to provide a post for him should be (3) In a case falling under sub-
examined on the merits of each case, regulation (2), the period of absence from duty
and his post extended for an appropriate including the period of suspension preceding
period. In these circumstances, the dismissal, removal or compulsory retirement,
vacant caused by the extension should as the case may be, shall be treated as a
not, however, be filled. period spent on duty for all purposes.
41. (1) When an employee has been (4) In cases other than those
dismissed, removed or compulsorily retied is covered by sub-regulation (2), the employee
reinstated as a result of appeal or review or shall, subject to the provisions of sub-
would have been so reinstated (but for his regulation (6) and (7) be paid such amount
reinstatement on superannuation while under (not being the whole) of the pay and
suspension or not), the authority competent to allowances to which he would have been
order reinstatement shall consider and make a entitled, had he not been dismissed, removed
specific order: or compulsorily retired or suspended prior to
such dismissal, removal or compulsory
(i) regarding the pay and
retirement, as the case may be, as the
allowances to be paid to the employee
competent authority may determine, after
for the period of his absence from duty
giving notice to the employee of the quantum
including the period of suspension
proposed and after considering the
preceding his dismissal, removal or
representation, if any, submitted by him in that
compulsory retirement, as the case
connection within such period (which in no
may be ; and
case shall exceed sixty days from the date on
(ii) whether or not the said period which the notice has been served) as may be
shall be treated as period spent on specified in the notice.
duty.
(5) In a case falling under sub-
(2) Where the authority competent regulation (4), the period of absence from duty
to order reinstatement is of opinion that the including the period of suspension preceding
employee who had been dismissed, removed his dismissal, removal or compulsory
or compulsorily retired has been fully retirement, as the case may be, shall not be
exonerated, the employee shall, subject to the treated as a period spent on duty, unless the
provision of sub-regulation (6) be paid the full competent authority specifically direct that it
pay and allowances ;to which he would have shall be treated so, for any specified purpose.
been entitled’, had he not been dismissed,
Provided that if the employee so desires such
removed or compulsorily retired or suspended
authority may direct that the period of absence
prior to such dismissal, removal or compulsory
from duty including the period of suspension
retirement, as the case may be.
preceding his dismissal, removal or
Provided that where such authority is of compulsory retirement, as the case may be,
opinion that the termination of the proceedings shall be converted into leave of any kind due
instituted against the employee had been and admissible to the employee.
delayed due to reasons directly attributable to
NOTE: The order of the competent authority
the employee it may, after giving him an
under the preceding proviso shall be absolute
opportunity to make his representation within
and no higher sanction shall be necessary for
sixty days from the date on which the
the grant of –
communication in this regard is served on him,
after considering the representation if any, (i) extraordinary leave in excess
submitted by the employee direct, for reasons of three months in the case of
to be recorded in writing, that the employee temporary employee, and
shall, subject to the provisions of sub-
(ii) leave of any kind in excess of
regulation (7), be paid for the period of such
five years in the case of permanent
delay, only such amount (not being the whole)
employee.
of such pay and allowances it may determine.
(6) The payment of allowances
NOTE – The expression ‘ to which he would
under sub-regulation (2) or sub-regulation (4)
have been entitled’ occurring in sub-regulation
shall be subject to all other conditions under
(2) would imply only the pay and allowances in
which such allowances are admissible.
respect of the post held by the employees
before suspension
19
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
(7) The amount determined under and the date of judgement of the Court shall
the proviso to sub-regulation (2) or under sub- be regularized in accordance with the
regulation (4) shall not be less than the provisions contained in sub-regulation (5) of
subsistence allowance and other allowances Regulation 41.
admissible under Regulation 40.
(3) If the dismissal, removal or
(8) Any payment made under this compulsory retirement of an employee is set
Regulation to an employee on his aside by the Court on the merits of the case,
reinstatement shall be subject to adjustment of the period intervening between the date of
the amount, if any, earned by him, through an dismissal, removal or compulsory retirement
employment during the period between the including the period of suspension preceding
date of removal, dismissal or compulsory such dismissal, removal or compulsory
retirement, as the case may be, and the date retirement, as the case may be, and the date
of reinstatement. Where the emoluments of reinstatement shall be treated as duty for all
admissible under this regulation are equal to or purposes and he shall be paid the full pay and
less than the amounts earned during the allowances for the period, to which he would
employment elsewhere, nothing shall be paid have been entitled, had he not been
to the directions, if any, of the court. dismissed, removed or compulsorily retired or
suspended prior to such dismissal, removal or
42 (1) Where the dismissal, removal or
compulsory retirement, as the case may be.
compulsory retirement of an employee is set
aside by a Court of Law and such an (4) The payment allowances under sub-
employee is reinstated without holding any regulation (2) or sub-regulation (3) shall be
further inquiry, the period of absence from duty subject to all other conditions under which
shall be regularized and the employee shall be such allowances are admissible.
paid pay and allowances in accordance with
(5) Any payment made under this
the provision of sub-regulation (2) subject to
regulation to an employee on his reinstatement
the directions, if any, of the court.
shall be subject to ‘adjustment of the amount,
(2) Where the dismissal, removal or if any, earned by him, earned by him through
compulsory retirement of an employee is set an employment during the period between the
aside by the Court solely on the ground of non- date of dismissal, removal or compulsory
compliance with the requirements of ‘Clause retirement and the date of reinstatement.
(1) or Clause (2) of Article 311 of the Where the emoluments admissible under this
Constitution and where he is not exonerated regulation are equal to or less than those
on merits, the employee shall, subject to the earned during the employment elsewhere,
provisions of sub-regulation (7) of Regulation nothing shall be paid to the employee.
41, be paid such amount (not being the whole)
43. (1) When an employee who has been
of the pay and allowances to which he would
suspended is reinstated or would have been
have been entitled had he not been dismissed,
so reinstated but for his retirement (including
removed or compulsorily retired, or suspended
premature retirement) while under suspension,
prior to such dismissal; removal or compulsory
the authority competent to order reinstatement
retirement, as the case may be, as the
shall consider and make a specific order –
competent authority may determine, after
giving notice to the employee of the quantum (i) regarding the pay and
proposed and after considering the allowances to be paid to the employee
representation of any, submitted by him, in that for the period of suspension ending
connection within such period (which proposed with reinstatement or the date of
and after considering the representation if any, his retirement (including premature
submitted by him, in that connection within retirement), as the case may be : and
such period (which in no case shall exceed
(ii) whether or not the said period
sixty days from the date on which the notice
shall be treated as a period spent on
has been served) as may be specified in the
duty.
notice.
(2) Notwithstanding anything contained
(ii) The period intervening
in Regulation 41 where an employee under
between the date of dismissal, removal or
suspension dies before the disciplinary or the
compulsory retirement including the period of
Court proceedings instituted against him are
suspension preceding such dismissal, removal
concluded, the period between the date of
or compulsory retirement, as the case may be,
suspensions and the date of death shall be
20
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
treated as duty for all purposes and his family sub-regulation (3) or sub0regulatin (5), as the
shall be paid the full pay and allowances for case may be.
that period to which he would have been
(7) In a case falling under sub-
entitled had he not been suspended, subject
regulation(5), the period of suspension shall
to adjustment in respect of subsistence
not be treated as a period spent on duty
allowance already paid.
unless the competent authority specifically
(3) Where the authority competent to directs that it shall be so treated for any
order reinstatement is of the opinion that the specified purpose.
suspension was wholly unjustified, the
Provided that if the employee so
employee shall, subject to the provision of sub-
desires such authority may order that the
regulation(8) be paid the full pay and
period of suspension shall be converted into
allowances to which he would have been
leave of any kind due and admissible to the
entitled, had he not been suspended:
employee.
Provided that where such authority is of the
NOTE: The order of the competent authority
opinion that the termination of the proceedings
under the preceding proviso shall be absolute
instituted against the employee had been
and no higher sanction shall be necessary for
delayed due to reasons directly attributable to
the grant of –
the employee, it may, after giving him an
opportunity to make his representation within (a) extraordinary leave in excess
sixty days from the date on which the of three months in the case of
communication in this regard is served on him temporary employee; and
and after considering the representation, if any
(b) leave of any kind in excess of
submitted by him direct, for reasons to be
five years in the case of permanent
recorded in writing, that the employee shall be
employee.
paid for the period of such delay only such
amount (not being the whole) of such pay and (8) The payment of allowances under
allowances as it may determine. sub-regulation (2), sub-regulation(3) or sub-
regulation(5) shall be subject to all other
(4) In a case falling under sub-
conditions under which such allowances are
regulation(3) the period of suspension shall be
admissible.
treated as a period spent on duty for all
purposes. (9) The amount determined under the
proviso to sub-regulation (3) or under sub-
(5) In cases other than those falling
regulation (5) shall not be less than the
under sub-regulations (2) and (3) the
subsistence allowance and other allowance
employee shall, subject to the provisions of
admissible under Regulation 40
sub-regulations (8) and (9) to be paid such
amount (not being the whole ) of the pay and CLARIFICATIONS:
allowances to which he would have been
(1) Regulation 41 Absolute: Regulation
entitled, had he not been suspended, as the
41 is absolute and unconditional, and it could
competent authority may determine, after
not be absolute if the condition of lien had first
giving notice to the employee of the quantum
to be satisfied. Therefore, the period of
proposed and after considering the
unemployment between the dates of dismissal
representation, if any, submitted by him in that
and reinstatement should count for leave or
connection within such period (which in no
increment.
case shall exceed sixty days from the date on
which the notice has been served ) as may be (2) When suspension regulated as leave,
specified in the notice. consequential recovery inescapable – Where
the period of suspension is ordered to be
(6) Where suspension is revoked
treated as one spent on leave, including
pending finalisation of the disciplinary or the
extraordinary leave, if it is found that the total
court proceedings, any order passed under
amount of subsistence and compensatory
sub-regulation (1) before the conclusion of the
allowances that an employee received during
proceedings against the employee shall be
the period of suspension exceeds the amount
reviewed on its own motion after the
of leave salary and allowances admissible, the
conclusion of the proceedings by the authority
excess will have to the refunded / recovered.
mentioned in sub-regulation (1) who shall
make an order according to the provision of (3) Treatment of period of absence and
payment thereof -
21
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
(a) The decision of the competent procedure required under Article 311
authority under Regulations 41, 42 and of the Constitution.
43 is in respect of two separate and
In such cases
independent matters, viz,
(i) If it is decided to hold a further
(i) pay and allowances for the
enquiry and thus deem the
period of absence; and
employee to have been placed
(ii) whether or not the period of under suspension from the date of
absence should be treated as dismissal / removal / discharge /
duty termination under the Regulation 7
(4) or 7 (5) of the “Chennai Port
(b) It is not necessary that the
Trust Employees’ (Classification,
decision on 3 (a) (i) above should
Control and Appeal) Regulation,
depend upon the decision on 3 (a) (ii)
1988” the employee will be paid
above.
the subsistence allowances from
(c) The competent authority has the date he is deemed to have
the discretion to pay the proportionate been placed under suspension;
pay and allowances and treat the
(ii) If the employee is not ‘deemed’ to
period as duty for any specified
have been under suspension as
purpose (s) or only to pay the
envisaged under 4 (a) (i) above,
proportionate pay and allowances. It
the payment of full pay and
has no discretion to pay full pay and
allowance for the intervening
allowances when the period is treated
period and treatment of that period
as “non-duty”.
as duty for all purpose will be
(d) “If no order is passed directing automatic and compulsory,
that the period of absence be treated provided that where the reinstated
as duty for any specified purpose that employee has secured
period of absence should be treated as employment during any period
“non-duty”. In such an event, the past between the dismissal / removal
service ,i.e., service rendered before discharge / termination and
dismissal, removal, compulsory reinstatement, the pay and
retirement or suspension will not be allowances admissible to him after
forfeited, reinstatement for the intervening
period shall be reduced by the
(e) As Regulation 41 is absolute,
emoluments earned by him during
the law of limitation restricting payment
such employment if such pay and
of arrears of subsistence allowances
allowances exceed such
only for a period of three years in
emoluments. If the pay and
certain circumstances need not
allowances admissible to him are
invoked at the time of paying the
equal to or less that the
arrears of pay and allowances for the
emoluments earned by him
period from the date of dismissal /
nothing shall be paid to him:
removal / compulsory retirement /
suspension to the date of Provided that the amount to be paid under 4
reinstatement in respect of all cases (a) (i) and 4 (a) (ii) above will be determined
where the pay and allowances are subject to the directions, if any, in the decree
regulated on reinstatement in of the court regarding arrears of salary.
accordance with the provisions
(b) As the termination of service of an
contained in Regulations 41.42 and 43.
employee without following the procedure laid
(4) Regulation of Pay on reinstatement down in the “Chennai Port Trust Employees’
on grounds of equity or court judgment etc.- (Classification, Control and Appeal)
Regulations, 1988” or the terms of his
(a) Regulation 41 is inapplicable in
appointment, etc., results in the payment of
cases where dismissal / removal /
arrears by way of pay and allowances, the nee
discharge from or termination of
d for meticulously observing the “proper
service is held by a court of law or by
Procedure” in such cases is once again
an appellate reviewing authority to
impressed on all concerned.
have been without following the
22
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
46. (1) Joining time shall be granted to an 1000 km or less 10 days 12 days
employee on transfer in Board’s interest to
enable him to join the new post either at the More than 1000 km 12 days 15 days
same or a new station. No joining time is
admissible in cases of temporary transfer for a More than 2000 km 15 days 15 days
except in
period not exceeding 180 days. Only the cases of
actual transit time, as admissible in case of travel by
journeys on tour, may be allowed. air for
which the
(2) (i) The joining time shall maximum
will be 12
commence from the date of days
relinquishment of charge of the old
post if the charge is made over in the NOTE: (i) Distance means actual
forenoon or the flowing date if the distance and not weighed mileage for
charge is made over in the afternoon. which fare is charged by the Railways
(ii) The joining time shall be in certain ghat / hill sections.
calculated from old headquarters in all (ii) Extension of joining time
cases. beyond the limits can be granted upto
(iii) Not more than only day’s the maximum limit of 30 days by the
joining time shall be allowed to an Head of Department / Deputy
employee to join a new post within the Chairman and beyond 30 days by the
same station or which does not involve Chairman, the guiding principle being
24
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
that the total period of joining time appointed to a post under the port, may, at the
should be approximately equal to 8 discretion of the Chairman, be treated as on
days for preparation PLUS reasonable joining time while he prepares for and makes
transit time PLUS holidays, if any, the journey to join the post under the Board,
following the extended joining time. and while he prepares for and makes the
While computing the transit time, journey on reversion from the post under the
allowance could be made for the time Port to return to his original employment.
unavoidably spent due to disruption of During such joining time he shall receive pay
transport arrangements caused by equal to the pay, or in the case of joining time
strike or natural calamities, or the immediately following leave granted from the
period spent awaiting the departure of private employment, to the leave salary, paid
the steamer. to him by his private employer prior to his
appointment, to Board’s service, or pay equal
(3) An employee on joining time shall
to the pay of the post in Port service,
be regarded as on duty during that period and
whichever is less.
shall be entitled to be paid joining time pay
equal to the pay which was drawn before CHAPTER – XII
relinquishment of charge in the old post. He FOREIGN SERVICE
will also be entitled to Dearness Allowance, if
any, appropriate to the joining time pay. In FOREIGN SERVICE / DEPUTATION
addition, he can also draw compensatory 47. (1) No employee may be
allowances shall not be allowed conveyance transferred to foreign service against his will.
allowance or permanent travelling allowance.
(2) Transfer to Foreign Service
(4) (i) When an employee joins a new outside India may be sanctioned subject to
post without availing full joining time by approval of the Central Government and
reasons that – restrictions which the Government may deem
(a) he is ordered to join the new fit to impose by general or special order.
post at a new place of posting without 48. A transfer to foreign service is not
availing of full joining time to which he is admissible unless
entitled; or
(i) the duties to be performed
(b) he proceeds alone to the new after the transfer are such as should,
place of posting and joins the post without for public reasons, be rendered by an
availing full joining time and takes his employee,
family later within the permissible period of
time for claiming travelling allowance for (ii) the employee transferred
the family the number of day of joining holds, at the time of transfer a post
time admissible under sub-regulation (3) paid from Board’s General Fund or
subject to a maximum of 15 days reduced holds a lien on a permanent post.
by the number of days of joining time NOTE: The transfer of a temporary employee
actually availed shall be credited to his to foreign service is permissible under this
leave account as earned leave subject to Regulation.
ceiling of 240 days as laid down in the
Chennai Port Trust (Leave) Regulations, 49. If an employee is transferred to a
1987. foreign service while on leave, he ceases from
the date of such transfer to be on leave and to
(ii) Joining time may be combined draw leave salary.
with vacation and / or regular leave of any kind
or duration except casual leave. 50. An employee transferred to a foreign
service shall remain in the cadre or cadres in
(5) An employee who does not join which he was included in a substantive or
his post within his joining time is entitled to no officiating capacity immediately before his
pay or leave salary after the end of the joining transfer and may be given proforma promotion
time. Wilful absence from duty after the expiry while on foreign service.
of joining time may be treated as misbehaviour
for the purpose of Regulation 14. 51. An employee in foreign service will
draw pay from the foreign employer from the
(6) A person in employment other than date on which he relinquishes charge of his
port service or on leave granted from such post in Board’s service. Subject to any
employment, if in the interest of Board is
25
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
26
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
MISCELLANEOUS
63 INTERPRETATION’
If any question arises as to the interpretation of
these regulations, the same will be decided by
the Board.
64 POWER TO RELAX;
The power to relax any of the provisions of
these regulations for a class or category shall
rest with the Board.
65 GOVERNMENT’S RULES TO APPLY;
Notwithstanding anything contained in these
regulations, the provisions of the Fundamental
Rules and Supplementary Rules of the
Government of India as amended from time to
time and Government orders and decisions
thereon shall be adopted with such
modifications or exceptions as the Board may
decide with the prior approval of Central
27
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
under different circumstances shall be suffering from T.B. Cancer or other ailments
regulated as stated below; during the period of their leave taken on
medical certificates issued by the Trust’ Chief
1 LEAVE:
Medical Officer in the forms prescribed.
(i) An employee will be entitled to draw
It is immaterial whether the leave is on
compensatory (city) and house rent
medical certificate from the very
allowances during leave at the same rates at
commencement or is in continuation of other
which he was drawing these allowances
leave as defined in para (i) above. In the case
before he proceeded on leave. For this
of employees suffering from T.B., Cancer or
purpose leave means total leave of all kinds
other ailments, who remain on leave for a
under the Chennai Port Trust (Leave)
period exceeding 8 months, the grant of house
Regulations, 1987,not exceeding 180 days
rent allowance and compensatory (city)
and the first 180 days of the leave if the actual
allowance for the period of leave beyond
duration of leave exceeds the period; but does
8 months, may be decided by the Chairman
not include terminal leave, whether running
irrespective of the period of leave involved so
concurrently with the notice period or not.
long as Medical Certificate in the prescribed
When holidays are combined with leave, the
form is issued by the Trust’s Chief Medical
entire period of holidays and leave should be
Officer.
taken as one spell of leave.
(iii) An employee who is granted study
House Rent Allowance as well as
leave will be entitled to draw compensatory
Compensatory (city) Allowance will be
(city) allowance during the first 180 days of
admissible during L.P.R. subject to submission
study leave at the rates admissible to the
of certificate that the employee concerned and
employee from time to time at the place from
/ of his family continue reside at the same
where he proceeds on study leave. The
place / same station.
continuance of payment of compensatory (city)
NOTE ; (1) In the case of employees who allowance beyond 180 days of the study leave
are originally granted leave on medical will however, be subject to the production of
certificate exceeding 180 days and have certificates prescribed
ultimately to retire from Trust’s service on
(iv) The period of leave immediately after
grounds of invalidity, the entire leave thus
termination of foreign service abroad and
becoming leave preparatory to retirement,
before resuming duty under the Trust has to
recovery of compensatory (city) and house
be treated as continuation of foreign service
rent allowances already drawn need not be
and no HRA/ CCA can be granted for the said
effected. Employees otherwise but do not join
period because these allowances are granted
duty after expiry of such leave owing to death /
with reference to the place of duty.
invalidation during such leave may also be
Accordingly such officers are entitled to HRA /
regulated in the same manner.
CCA if admissible, only with effect from the
(2) In cases, where an employees who is date they assume charge under the Trust on
sanctioned leave whether on medical grounds expiry of leave.
or otherwise does not join duty after availing
2. JOINING TIME:
himself of such leave, and resigns, he shall not
be eligible for compensatory (city) allowance During joining time an employee shall
and house rent allowance for the entire period continue to draw compensatory (city) and
of such leave. The competent authority shall house rent allowances at the same rates at
ensure that the entire amount drawn on this which he was drawing these allowances at the
account is recovered before resignation, etc., station from where he was transferred.
is accepted. Where, however, joining time is affixed to
leave, joining time shall be added to the period
(3) Drawal of these allowances during the
of 180 days referred to in para (1) above
period of leave in excess of first 180 days
unless in any case it is otherwise expressly
availed of on grounds other than medical
provided.
grounds mentioned in sub-para (ii) below shall
be subject to furnishing of the certificates 3. DEPUTATION ABROAD:
prescribed in this regulation.
The employees going abroad on deputation
(ii) The limit of 180 days shall be extended shall be eligible to draw compensatory (city)
to eight months for the purpose of the grant of and house rent allowances as the rates
these allowances in the case of employees admissible to them from time to time at the
30
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
order to spend profitably a period of enforced (i) Pay – The entire period of employee’s
halt due to unavoidable waiting for a passage; absence from his post will be treated as period
and leave granted on personal grounds in of deputation on the full pay which he would
accordance with the provision of sub-para 3 have drawn had he remained on duty.
(c).
The entitlement of an employee to normal
(4). Pay and Allowances: transit time pay will not be affected by leave of
any kind taken in India immediately before the
(a) For employees sent abroad on
commencement of the period of deputation or
training under various financially aided
immediately on return to India at the end of
schemes.
such deputation: leave taken abroad before,
(i) PAY. during or at the end of the period of deputation
on medical ground or in order to spend
The entire period of the employee’s absence
profitably a period of enforced halt due to
from his post will be treated as period of
unavoidable waiting for a passage and leave
deputation on the full pay which he would have
granted on personal grounds in accordance
drawn had he remained on duty.
with the provision of sub-para 3 (c)
(ii) DEARNESS ALLOWANCE:
(ii) Dearness Allowance:
An employee deputed for training
An employee on deputation out of
abroad under the various officially sponsored
India and drawing pay not exceeding the
training schemes may be allowed dearness
prescribed limits may be allowed to draw
allowance at the rate at which he would have
dearness allowance during the first six months
drawn had he not proceeded on deputation
of their stay in one country, at the rate at which
abroad for training, excluding any regular
the allowance would have been drawn, had the
leave taken abroad, even in cases of stay of
employee not proceeded on deputation and
more than six months in a single country.
thereafter, the rate equal to the dearness
The dearness allowance will be allowance may also be granted in cases of
admissible for the entire period of such deputation out of India extending over a period
deputation abroad for training. exceeding six months, provided the deputation
is to more than one country and the period of
(iii) Compensatory (city) Allowance and
the employee’s stay on deputation in any one
House Rent Allowance :
country does not exceed six months.
An employee will be entitled to draw
(c) Compensatory (City) Allowance and
Compensatory (City) Allowance and House
House Rent Allowance:
Rent Allowance during the entire period of
training at the rate admissible to him from time An employee going abroad on
to time. The allowances will not be admissible deputation shall be eligible to draw
for the period of training which is treated as Compensatory (City) and House Rent
special leave or earned leave. Allowances at the rates admissible to them
from time to time for the entire period of
(iv) Recovery of Rent :.
deputation.
An employee proceeding abroad on training,
(d) Travelling Allowance:
the period being treated as duty is, however,
entitled to retain the Board’s accommodation Employees sent abroad will be entitled
for the full period of training on payment of the to travelling allowance including daily
same rate of rent which he was paying before allowance, incidentals, internal travel cost, etc.
proceeding on training, provided the residence in accordance with the traveling allowance
is required for the bonafide use of the regulations.
employee or the members of his family. If the
*******
period of training is covered by grant of special
leave or earned leave, etc., he can retain APPENDIX – V
Board’s quarters on payment normal rent upto FOREIGN SERVICE – CONDITIONS AND
maximum period of four months. BASIS OF TERMS TO FOREIGN SERVICE
(b) For employees sent abroad on 1. FOREIGN SERVICE – TRANSFER ON
deputation / delegation other than on training DEPUTATION:
under financially aided scheme:
33
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
1.1 The terms and conditions should be 3. PAY AND DUTY ALLOWANCE :
settled well in advance before release.
EXERCISE OF OPTION:
1.2 The terms should not be so excessive
3.1 The pay which an employee shall
as to make foreign service more attractive and
receive in such service must be precisely
such as to impose an unnecessary heavy
specified in the order sanctioning the transfer.
burden on the foreign employer.
3.2 An employee on deputation may elect
2. SCOPE :
to draw either the pay in the scale of pay of the
Scope of Term ‘deputation / foreign new post as may be fixed under the
service’ – Restrictions on treating an regulations or his basic pay in the parent
appointment as on deputation / foreign service: department plus personal pay if any, plus
deputation (duty) allowance.
2.1 The terms ‘ deputation / foreign
service’ will cover only those appointments 3.3 The borrowing authority should obtain
that are made by transfer on a temporary basis the option of the employee within one month
provided that the transfer is outside the normal from the date of joining the ex-cadre post
field of deployment and is in the public interest. unless the employee has himself furnished the
option.
2.2 The question whether the transfer is
outside the normal field of deployment or not 3.4 The option once exercised shall be
will be decided by the authority which controls final. However, the employee may revise the
the service or post from which the employee is option under the following circumstances
transferred. which will be effective from the date of
occurrence of the same;
2.3 Appointment of serving employees
made either by promotion or by direct (a) when he receives proforma
recruitment with open market candidates promotion or is appointed to non-
whether on permanent or temporary basis functional selection grade in his parent
shall not be regarded as deputation / foreign cadre;
service.
(b) when he is reverted to a lower
2.4 Permanent appointments made by grade in his parent cadre:
transfer will also not be treated as deputation /
(c) When the scale of pay of the
foreign service.
parent post on the basis of which his
2.5 Temporary appointment made on the emoluments are regulated during
basis of personal requests of employees will deputation / foreign service or of the
also not be treated as deputation / foreign ex-cadre post held by the employee on
service. deputation / foreign service is revised
either prospectively or from a
2.6 In case of appointments on deputation
retrospective date;
/ foreign service to a Major Port and in those
cases where the scale of pay and Dearness (d) Based on the revised / same /
Allowance in the parent cadre post and ex- option / of the employees, in the event
cadre post are similar, a person in the higher of proforma promotion / appointment to
scale of pay shall not be appointed on non-functional selection grade revision
deputation to a post in a lower scale of pay. of scales of pay in the parent cadre,
the pay of the deputationists will be
2.7 In case of appointment on deputation
refixed with reference to the revised
/foreign service from Central Government to
entitlement of pay in the parent cadre.
Chennai Port Trust and in those cases where
However, if the initial option was for
the pay scale and D.A. in the parent cadre
the pay scale of the deputation post
post and ex-cadre post are dissimilar, no
and no change in option already
appointment on deputation / foreign service
exercised is envisaged the pay already
shall be made if by raising the grade pay by
drawn in deputation post will be
one increment plus dearness allowance (s)
protected if the pay refixed is less.
including interim relief; if any, admissible to a
person in parent cadre post exceeds the NOTE : Revision in the rates of DA, HRA or
emoluments comprising pay plus dearness other allowances either in the parent or
allowance (s) including interim relief, if any, at borrowing organization shall not be an
the maximum of the ex-cadre post. occasion for revision of the earlier option.
34
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
35
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
eligibility conditions laid down in the terms of 5.3 Whenever extension of the period of
deputation of the ex-cadre post, his pay in the deputation for the fifth year or the second year
scale of the ex-cadre post, if so opted shall be in excess of the period prescribed in the terms
subject to the restrictions under FR 35. Where of deputation is granted, it would be on the
the terms of deputation of the post have not specific understanding that the officer would
been notified such restrictions may be not be entitled to draw deputation (duty)
enforced if his is ineligible to hold a post in allowance. The officers who opted to draw
equivalent / analogous grade in his own cadre. pay in the scale of the ex-cadre post shall
however, continue to draw pay in that scale
5. DEPUTATION (DUTY) ALLOWANCE
during the extended tenure also.
5.1. The Deputation (Duty) Allowance
5.4 If an employee with the permission of
which is deemed as ‘ Special Pay’ as defined
competent authority proceeds on deputation /
in the Regulation 4 (23) shall be at the
foreign service from one ex-cadre post to
following rates :
another ex-cadre post in the same or another
(a) 5% of the employee’s basic pay organization without reverting to his parent
subject to a maximum of Rs.250/- per month cadre, and if the second ex-cadre post is at the
when the transfer if within the same station. same station as the first ex-cadre post, than
the rate of deputation (duty) allowance would
(b) 10% of the employee’s basic pay
subject to a maximum of Rs.500/- per month in remain unchanged
all other cases. 5.5. In cases where a person on deputation
/ foreign service is transferred by the
The Deputation (Duty) Allowance as above
shall be further restricted as under: borrowing authority from one station to another
without any change in the post held by him the
(i) Pay plus Deputation (Duty) Allowance rate of deputation (duty) allowance will remain
does not exceed the maximum of the scale of the same as was decided at the time of initial
pay of the ex-cadre post posting and will not undergo any change.
(ii) In the cases where pay scales are 5.6. Any special pay drawn by an employee
dissimilar, then pay plus Deputation (Duty) in the parent department should not be
Allowance plus D.A. / A.D.A. / I.R. etc. does allowed in addition to the deputation (duty)
not exceed the pay at the maximum of ex- allowance. However, the Charmin, may by
cadre post plus D.A, I.R., etc, thereon. general or special order suitably restrict the
(iii) Pay plus Deputation (Duty) Allowance deputation allowance where the special pay
as above shall at no time exceed Rs.7,300/- drawn by an employee in the parent cadre is
P.M. allowed to be drawn in addition to basic pay, in
his deputation post.
NOTE: (1) The term ‘same station’ for this
purpose will be determined with reference to 6. CONTRIBUTION: RATE OF LEAVE
SALARY CONTRIBUTION:
the station where the persons were on duty
before proceeding on deputation. 6.1 The monthly rate of leave salary
contribution of employees governed by the
(2) When there is no change in the
Chennai Port Trust (Leave) Regulations in
headquarters with reference to the last post
11% of pay drawn in foreign service.
held, the transfer should be treated as within
the same station and when there is change in 6.2 Rates of pension contribution: The
headquarters it would be treated as not in the rates of pension contributions will be based on
same station. So far as places falling within class of service to which the employee
the same urban agglomeration of the old belongs, his length of service and maximum of
headquarters are concerned they would be the pay held by him at the time of his
treated as transfer within the same station. proceeding on foreign service.
5.2. Special rates on deputation (duty) 6.3 The rates of pension contribution will
allowances may be admissible under separate be expressed as percentage of the maximum
orders in any particular area on account of the monthly pay of the post in the officiating /
condition of living there being particularly substantive grade as the case may be, held by
arduous or unattractive. Where special rates the employee at the time of proceeding on
is more favorable than that under para 5 above foreign service or of the post to which he may
employees deputed to area will be given the receive proforma promotion while on foreign
benefit of the special rate. service plus DA,ADA / ad hoc DA treated as
36
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
pay and interim relief appropriate to such 14-15 15% 13% 11% 9%
maximum pay. Year
6.4 The rate of pension contribution on the
maximum of the pay of the post is laid down 15-16 15% 13% 12% 9%
Year
under the table below:
RATES OF MONTHLY CONTRIBUTION 16-17 16% 14% 12% 9%
PENSION Year
10-11 12% 11% 10% 7% 6.5 If the contributions are paid by the
Year employee himself, the rate of contributions
shall be calculated applying the following
11-12 13% 11% 10% 8% formulae as may be the case.
Year
(a) Where the pension contribution alone
12-13 14% 12% 10% 8% is paid by the employee-
Year L = (F – P) X r / 100
Where L is the leave salary
13-14 14% 12% 11% 8%
Year contribution
37
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
F is the pay actually drawn in Foreign (2) See Regulation 56 for penal interest on
overdue payment of contributions.
Service
7. ADMISSIBILITY OF OTHER PAY,
P is the pension contribution paid by
ALLOWANCES AND BENEFITS
the employee WHILE ON DEPUTATION / FOREIGN
SERVICE :
r is the rate of leave salary contribution
7.1 Any project allowance admissible in a
(b) Where the leave salary contribution is project area in the borrowing organization may
alone payable by the employee. be drawn in addition to deputation (duty)
L = ( F X r / 100 + r ) allowance.
Where L is the leave salary 7.2 Any special pay granted to an
contribution employee in the parent department under FR 9
F is the pay actually drawn in foreign (25) or a corresponding rule of parent
service organization should not be allowed in addition
r is the rate of leave salary to deputation (duty) allowance. However, the
contribution borrowing department may allow in addition to
deputation (duty) allowance under special
(c) Where both the contributions are circumstances any special pay attached to the
payable by the employee. post held by the employee in his / her parent
department, by suitably restricting the
L = ( F – P ) X r / 100 = r deputation (duty) allowance. This will require
Where L is the leave salary the specific and prior approval of competent
contribution authority.
F is the pay actually drawn in Foreign 7.3 In case special pay is attached to the
Service scale of pay of the ex-cadre post and the
P is the pension contribution employee has opted to draw pay also in that
r is the rate of foreign salary scale, in addition to his pay in that scale he will
contribution also be entitled to draw such special pay.
However, such special pay will not be
6.6 Rates of Contributory Provident Fund admissible if he has opted to draw grade pay
Contributions: plus deputation allowance.
An employee who is subscriber to the 7.4 Personal pay, if any, drawn by an
Chennai Port Trust Contributory Fund and who employee in his parent department will
is transferred to Foreign Service shall pay continue to be admissible on deputation /
monthly subscriptions calculated on the rate of foreign service if he opts to draw grade pay
pay drawn in Foreign Service. plus deputation allowance. No deputation
6.7 The foreign employer or the employee allowance on this personal pay will however,
himself, shall pay in addition for the period of be admissible.
active foreign service a contribution 7.5 Increments: The employee will draw
determined by the formula X + XY where X increment in his parent grade or in the grade
equals the amount which would have been attached to the deputation post as the case
credited monthly to the subscriber’s account in may be, depending on whether he has opted
the Contributory Provident Fund had he not for his own grade pay plus deputation (duly)
proceeded on foreign service, the rate of pay allowance or the time scale of the deputation
drawn by him in foreign service being regarded post. If he has opted for time scale of the
as his emoluments for this purpose, and Y deputation post, notional increment shall also
equal the fraction which the amount continue to accrue to him in the post held on
recoverable as leave salary contribution bears regular basis in parent cadre / organization for
to pay(11% of pay drawn in foreign service). the purpose of regulation of pay on reversion
NOTE:- (1) The rates of contribution back to parent post at the end of tenure.
payable on percentage basis should be 7.6 Admissibility of Allowances and
rounded off to the nearest rupee fractions Benefits while on Deputation / Foreign Service:
equal to 50 paise being rounded off to the next
higher rupees. (a) Such allowances as are not admissible
to regular employees of corresponding status
38
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
in the borrowing organization, shall not be 10. PROVIDENT FUND AND OTHER
admissible to the officer on deputation / foreign SPECIAL FUNDS BENEFITS:
service, even if they were admissible in the During the period of deputation, he will
parent organization. continue to subscribe to the Provident Fund
(b) Following allowances will be regulated and other special funds of the Board to which
with mutual consent of the lending and he may be subscribing when he is placed on
borrowing organization: deputation, in accordance with the regulations
of such funds.
(i) HRA / CCA
11. RESIDENTIAL ACCOMMODATION:
(ii) Joining time and Joining time Pay.
He will be entitled to residential
(iii) Traveling Allowances and Transfer accommodation according to the rules of the
T.A. organization to which he is deputed.
(iv) Children Education Allowance 12. COMPENSATORY ALLOWANCES
(v) L.T.C. FOR THE PERIOD OF LEAVE:
beginning or end of the foreign service the 15.4 In cases where extension is beyond
position is not affected. Pay during joining the fifth year or second year in excess of the
time will be fixed under Regulation 46 (3). period prescribed in the terms of deputation,
Contributions during joining time following the same would be allowed only after obtaining
leave will be based on pay drawn while on the approval of the Board where Chennai Port
foreign service. Trust is the lending organization or the
borrowing organization, proposal in this regard
15. PERIOD OF DRAWING DEPUTATION
(DUTY ALLOWANCE ) & TENURE: should reach the lending organization with the
approval of the borrowing department at least
15.1 The period of deputation / Foreign three months before the expiry of the extended
Service shall be subject to a maximum of three tenure with full particulars.
years in all cases except for those posts where
a longer period of tenure is prescribed in the 15.5 When extension of period of
terms of deputation. deputation / foreign service for the first and the
second year in excess of period prescribed in
15.2 The borrowing organizations may grant the terms of deputation is considered by the
extension beyond this limit upto one year, after borrowing organization under powers
obtaining orders of the competent authority delegated to them, the period for extension
where such extension is considered necessary may be so decided upon so as to ensure that
in the public interest with the consent of officer concerned is allowed to continue on
lending authority. deputation till the completion of academic year
15.3 The borrowing organizations may in cases where the officer has school /college
extend the period of deputation for the fifth going children. No proposal for further
year or for the second year in excess of the extension beyond the second year in excess of
period prescribed in the terms of deputation period prescribed in the terms of deputation
where absolutely necessary, subject to the shall be forwarded on the consideration that
flowing conditions: the officer has school / college going children.
Extension beyond this period will be
(i) While according extension for the fifth considered only if it is strictly in the public
year, or the second year in excess of the interest.
period prescribed in the terms of deputation
the directive issued for rigid application of the 15.6 For computing the total period of
tenure rules should be taken into consideration deputation / foreign service the period of
and only in rare and exceptional deputation /foreign service in another ex-cadre
circumstances such extension should be post (s) held preceding the current
granted; appointment without a break in the same or
some other organization shall also be taken
(ii) The extension should be strictly in into account.
public interest and with the specific prior
approval of the borrowing authority; 15.7 If during the period of deputation /
foreign service the basic pay of an employee
(iii) Where such extension is granted, it exceeds the maximum of the scale of pay of
would be on the specific understanding that the post or the fixed pay of the post, on
the officer would not be entitled to draw account of proforma promotion in his cadre
deputation (duty) allowances ; under the next below Rule or otherwise, the
(iv) The extension would be subject to the deputation / foreign service of the employee
prior approval of the lending organization, the should be restricted to a maximum period of
officer on deputation; six months from the date on which his pay
exceeds such maximum and he should be
(v) If the borrowing organization wishes to reverted to his parent department within the
retain an officer beyond the prescribed tenure, said period.
it shall initiate action as above for seeking
concurrence of lending organization, individual 15.8 If during the period of deputation, on
concerned etc. 6 months before the date of account of proforma promotion in the parent
expiry of tenure. In no case it should retain an cadre under the next below rule, the employee
officer beyond the sanctioned terms unless becomes entitled to scale of pay higher than
concurrence of lending organization has been the scale of pay attached to the ex-cadre post,
received. he may be allowed to complete the normal
tenure of deputation subject to 15.7 above but
40
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
41
LatestLaws.com
CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001
undertaking which ever is earlier subject to the The Head of the Department must see that all
following condition: entries are duly made and attested, and that
the book contains no erasure or over-writing,
(a) the leave salary and pension
all corrections being neatly made and properly
contributions should be paid either by the
attested.
undertaking / organization or by the employee
himself. If the employee himself is to pay the 4. Every period of suspension from
contributions it may be specifically so recorded employment and every other interruption of
in the release order and a declaration from him service, if any, must be made with full details
obtained to that effect. of its duration and must be attested.
(b) The employee will be governed by the 5. It shall be the duty of every Head of
rules of the undertaking / organization in Department to initiate action to show the
respect of fixation of pay and allowances and service books to the employee concerned
all other matter. every year and obtain their signature therein,
in token of having inspected the service books.
(c) Resignation from Board’s service with
a view to secure employment in Public ORDER:
Undertaking, autonomous bodies or other
The cost of service book should be
ports with proper permission will not entail
borne by the Board and it should not be
forfeiture of past service for retirement /
returned to the employee on retirement,
terminal benefits.
resignation or discharge from service.
(d) The manner of discharge of pro-rate
However, a certified copy of a service
retirement benefits shall be as approved in
book may be supplied to an employee who
B.R. 249 dated 29.1.1985 and orders issued
asks for it on quitting Board’s service by
from time to time.
retirement, discharge or resignation on
******* payment of a copying fee of Rs.5/-
APPENDIX-VI The Heads of Departments are
permitted to delegate to their subordinate
SERVICE RECORD
officers, power to attest entries in service
(REGULATION – 66) books, except their own service books.
1. A service book in such form and Entries regarding appointment,
manner as the Chairman may prescribe must increment, fixation of pay, etc., should be
be maintained for every employee holding a based on appointment orders, medical
substantive post, on a permanent certificates, increment certificates, pay fixation
establishment or officiating in a post or holding statements, etc.
a temporary post except in respect of
employees officiating in posts or holding The P.F. Account No., nomination to
temporary post, who are recruited for purely Provident Fund, Death-cum-Retirement
temporary or officiating vacancies not likely to Gratuity, Pension, declarations under Leave
last more than one year and are not eligible for Travel Concession Scheme and concession
permanent appointment. availed by employee or family members under
the scheme, etc., should be recorded in the
2. In all cases in which a service book is service books.
necessary under para 1, such a book shall be
maintained for an employee from the date of ******
first appointment to Board’s service. Except in
respect of Heads of Departments, it must be
kept in the custody of the Head of the office in
which he is serving and transferred within from
office to office. The service record of Heads of
Departments will be kept in the custody of
Secretary.
3. Every step in an employee’s official life
must be recorded and attested in this service
book and each entry must be attested by the
Head of Department, if he himself is the Head
of Department by his immediate superior.
42