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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)
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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

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

responsibility, in consideration of which determined by his position in the cadre


the special pay was sanctioned or class and not by the fact that he
holds that post
(22) ‘SCHEDULE’ means the Schedule of
Employees prepared from time to time (28) TRAVELLING ALLOWANCE’ means
under Section 23 of the Act an allowance granted to an employee
to cover the expenses which he incurs
(23) ‘SPECIAL PAY’ means an addition, of
in traveling in the interest of the
the nature of pay, to emoluments of a
Board’s service. It includes
post or of an employee, granted in
allowances granted for the
consideration of
maintenance of conveyance
(i) the special arduous nature of
(29) ‘GENERAL ACCOUNT’ means
duties; or
accounts maintained by the Board for
(ii) a specific addition to the work purpose of accounting the transactions
or responsibility, and includes arising in the course of conduct of
non-practicing allowance Board’s business
granted to Doctors in lieu of
(30) ‘ENTRY POST’ means the post to
private practice
which an employee is appointed at the
(24) ‘SUBSISTENCE GRANT’ means a time of initial appointment to Board’s
monthly grant made to an employee services.
who is not in receipt of pay or leave
CHAPTER – III
salary
GENERAL CONDITIONS OF SERVICE
(25) ‘SUBSTANTIVE PAY’ means the pay
other than special pay, personal pay or 5. MEDICAL CERTIFICATE
emoluments classified as pay under (1) Except as provided under these
Regulation 4 (17) (iii) to which an regulations, no person shall be appointed to
employee is entitled on account of a the Board’s service without a medical
post to which he has been appointed certificate of fitness issued in the manner and
substantively or by reason of his form prescribed by the Chairman. The
substantive position in a cadre Chairman may, in individual cases, temporarily
(26) ‘TEMPORARY POST’ means post relax the production of a medical certificate of
carrying a definite rate of pay fitness on merits
sanctioned for a limited time NOTE: The following classes of employees are
(27)(a) ‘TIME SCALE OF PAY’ means pay exempted from producing a medical certificate
which, subject to any condition of health
prescribed in these regulations rises by (i) A person already in Board’s
periodical increments from a minimum employment on appointment to a new
to a maximum post without break in service, if
(b) Time-scales are said to be Identical of he has already undergone medical
the minimum, the maximum the period examination in respect of any post held
of increment and the rate of the by him
increment of the time scales are (ii) A person appointed after a
identical break in service, if the break is not due
(c) A post is said to be on the same time- to medical reasons or resignation and
scale as another post on a time-scale if does not exceeds one year and if in
the two time-scales are identical and respect of any post previously held by
the posts fall within a cadre, or a class him under the Board he had
in a cadre, such cadre or class having undergone Medical examination
been created in order to fill all posts (iii) A temporary employee who
involving duties of approximately, the has been medically examined in one
same character or degree of office is transferred to another office
responsibility in a service or without break in service
establishment or group of
establishments, so that, the pay of the (iv) A retired Board’s employee, re-
holder of any particular post is employed immediately after retirement

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

(2) The medical requirements, Medical (d) While on leave; and


Classification for appointment, promotion and
transfer to various categories of posts shall be (e) While on suspension
such as may be prescribed by the Chairman
NOTE – condition for retention of lien In the
from time to time
Port service in case of an employee getting
(3) Employees may be required to employed in foreign service on own volition are
undergo periodical medical examination to test as follows
their fitness to hold a post. The periodicity and
(i) The application may be
the manner of such medical examination
forwarded in accordance with the instructions
where necessary shall be prescribed by the
issued therefor by the Chairman
Chairman from time to time
(ii) In case of permanent
6. Unless in any case it be otherwise
employees their lien may be retained for a
provided, the whole time of an employee is at
period of two years. They should either revert
the disposal of the Board and he may be
to the Port within that period or resign from the
employed in any manner required by
Port service. An undertaking to abide by these
competent authority, without claim for
conditions may be taken from them at the time
additional remuneration
of forwarding the applications
7 a) Two or more employees
(iii) As for temporary employees
cannot be appointed substantively to
they should as a matter of rule be asked to
the same regular post at the same time
resign from the Port service at the time of
(b) An employee cannot be release. An undertaking to the effect that they
appointed substantively to two or more will resign from the Port Service in the event of
regular posts at the same time their selection and appointment to the post
applied for may be taken from them at the time
(c) An employee cannot be
of forwarding the applications
appointed substantively to a post on
which another employee holds a lien (iv) In exceptional cases where it
would take some time for the new employer to
8 ACQUIRING LIEN ;
confirm such employees due to some
Unless in any case it be otherwise provided in administrative reasons, the permanent
these regulations an employee on substantive employees may be permitted to retain their lien
appointment to any regular post acquires a lien in the Port service for one more year. While
on that post and ceases to hold any lien granting such permission a fresh undertaking
previously acquired on another post. in respect of permanent employees similar to
the one indicated in sub-para (ii) may be
NOTE: Confirmation in a service or cadre is
taken.
tantamount to acquiring a lien on a post.
10 TERMINATION OF LIEN
9 RETENTION OF LIEN
An employee’s lien on a post may be
Unless his lien is transferred under
Regulation 11, an employee holding in no circumstances, be terminated, even with
his consent of the result will be to leave him
substantively a regular post retains a lien on
without a lien upon a regular post
that post –
11 TRANSFER OF LIEN
(a) While performing the duties of
Subject to the provisions of Regulation
that post;
12, the Chairman may transfer to another
permanent post in the same cadre, the lien of
(b) While on Foreign Service, or
an employee who is not performing the duties
holding a temporary post or officiating
of the post to which the lien relates
in another post
12 TRANSFER
(c) During joining time on transfer
to another post unless he is transferred The Chairman, may transfer an
substantively to a post on lower pay, in employee from one post to another, provided
which case his lien is transferred to the that except-
new post from the date on which he is
relieved of his duties in the old post
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1
GSR No. 39 (E), dated 20.01.2005 (BR Nos 68, dated 01.09.2003, 63, dated 15.10.2004)
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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

(1) On account of inefficiency or EXPLANATION-1 ;


misbehavior; or
For purpose of this Regulation, strike
(2) On his written request for alternate includes a general, token sympathetic, sit-
appointment, an employee shall not be down, pen-down stay-in or any similar strike,
transferred substantively to or, except mass absenteeism from work which is wrongly
in a case covered by Regulation 38 termed as mass Casual Leave and also
appointed to officiate in a post carrying participation in a bandh or any similar
less pay than the pay of the permanent activities, which disrupt official work
post on which he holds a lien
EXPLANATION-2;
13 SUBSCRIPTION TO FUND
Unauthorized absence includes
An employee may be required to absence without leave or overstayal of the
subscribe to a Provident Fund and such other sanctioned leave for more than ten
funds as may be constituted by the Board with consecutive days without insufficient grounds
the approval of the Central Government for the or proper or satisfactory explanation or over-
benefit and welfare of the employee or his staying of joining time.
family subject to such conditions as may be
EXPLANATION-3;
prescribed from time to time.
1
[13-A Recovery of the advances/Loans: In this Regulation ‘competent authority’
means the ‘Government or the authority
The recoveries of all advances/loans specified in Appendix-I.
shall not exceed 50% of the employee’s
emoluments. EXPLANATION-4;

NOTE: The advances/loans means the Interruption or break in service as


advances/loans which are covered under envisaged in this Regulation shall entail the
General Financial Rules of the Central following disabilities.
Government. (i) No pay and allowances will be
[Regulation 13-A incorporated vide GSR admissible during the period of such
No.39(E) dated 20.1.2005] unauthorized absence.

14 UNAUTHORISED ABSENCE (ii) Unless otherwise decided by


the competent authority the past
(1) without prejudice to the provisions service will not count as qualifying
contained in any other regulations of the service for pension and Death-cum-
Chennai Port Trust, a period of unauthorized Retirement Gratuity.
absence - (iii) In case of Earned Leave, 1/10th
(i) During a strike which has been of such period will be deducted from
declared illegal under the provision of the Earned Leave to be credited at the
the Industrial Disputes Act, 1947, or beginning of the next half year. The
any other law or order of Central break unless decided in the manner
Government for the time being in force specified in clause (ii) above will entail
forfeiture of past service and lapse of
(ii) As a result of acting in leave at the credit of the employee
combination or in a concerted manner,
such as during strike, without any (iv) The period will not count for
authority from, or valid reason to the increment. The date of next increment
satisfaction of the competent authority will get postponed to the extent of the
number of days of unauthorized
(iii) Due to desertion of the post for absence but the increment will be
any reason, including overstayal of drawn from the first of the month in
leave / joining time shall be deemed to which it falls due after postponement.
cause an interruption or break in the As far as crossing efficiency bar is
service of the employee, unless concerned; the disabilities should not
otherwise decided by the competent stand and in the way of the employee if
authority he is otherwise found suitable to cross
efficiency bar. Special pay and

5
1
GSR No. 39 (E), dated 20.01.2005 (BR Nos 68, dated 01.09.2003, 63, dated 15.10.2004)
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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

Special allowances should not be (3) Except in the case of personal


withdrawn on the ground that this pay granted in the circumstances defined in
regulation has been invoked Regulation 4 (19)(i) the pay of an employee
shall not be so increased as to exceed the pay
NOTE: The condonation of the interruption or
sanctioned for his post without the sanction of
break in service caused in the
an authority competent to create a post in the
circumstances stated in this regulation
same cadre on a rate of pay equal to his pay
by the competent authority will only
when increased.
remove the disabilities mentioned in
this regulation, but the employee will INSTRUCTION: It is not the intention of this
neither be entitled for payment of pay sub-regulation to grant to an employee less
and allowances for the period nor pay than is permissible under Regulations 18
entitled to count the period of and 19
interruption for pension, gratuity, leave
DECISION: The Regulation does not give the
or increment
power to grant pay in excess of what is
(v) In the case of ‘Absence during permissible under other provision of these
strike period’ the principle of ‘no work, regulation. Thus, it does not enable the grant
no pay’ should not be deviated in of an initial pay higher than what is permissible
dealing with illegal strikes except with under Regulation18. But once an initial pay is
the prior approval of the Central fixed under Regulation 18, Regulation 22
Government. The period of illegal enables the authority to grant advance
strike will not be treated as duty and increment immediately. Thus, in fact
should therefore be treated as ’ dies Regulations 18 and 22 read together enable
non’ for all purposes an authority mentioned in Regulation 22 to fix
initial pay in excess of the amount permissible
(2) Notwithstanding the above provisions,
by Regulation18.
a period of unauthorized absence due to strike
(legal / illegal) shall be regularised in 17. In respect of any period treated as duty
accordance with the orders of Government under Regulation 4 (6) (b) an employee may
issued from time to time be granted such pay as the Chairman may
consider equitable but in no case exceeding
15. RESIGNATION FROM SERVICE’
the pay which the employee would have drawn
(i) An employee who has submitted his had he been on duty.
resignation and whose resignation has been
18. The initial substantive pay of an
accepted ceases to be in the employment of
employee who is appointed substantively to a
the Board from the date of his resignation from
post on a time-scale of pay is regulated as
the Port’s service becomes effective and he
follows;
will not be entitled to pay and allowances. etc.
beyond this date (1) (i) Where an employee holding a
post in a substantive, temporary or
(ii) The authority competent to accept
officiating capacity is promoted or
resignation format of resignation, acceptance
appointed in a substantive, temporary
of resignation, withdrawal of resignation, etc.,
or officiating capacity to another post
are specified in Appendix-I.
carrying duties and responsibilities of
CHAPTER-IV greater importance than those
PAY attaching to the post held by him, his
initial pay in the time scale of the
16. (1) The time-scale applicable to higher post shall be fixed at the stage
the various categories of posts shall be that as next above the pay notionally arrived
may be prescribed in the Schedule of at by increasing his pay in respect of
employees from time to time the lower post by one increment at the
stage at which such pay has accrued;
(2) The pay of an employee
appointed or promoted to a post in the Port’s Provided that the amount to be
service shall be regulated in the time-scale of added to pay in the lower post before
pay applicable to the said post, in accordance fixing the pay in the higher post shall
with these regulations for fixation of pay. not be less than Rs.25/-.
Provided further that where an
employee, is immediately before his
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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

promotion or appointment to a higher (ii) a permanent or temporary post


post, drawing pay at the maximum of on the same time-scale, or
the time-scale of the lower post, his
(iii) a permanent post or a
initial pay in the time scale of the
temporary post on an identical time-
higher post shall be fixed at the stage
scale than the initial pay shall not be
next above the pay notionally arrived
less than pay, other than special pay,
at by increasing his pay in respect of
personal pay or emoluments classified
the lower post held by him, by an
as pay by Regulation 4 (17) (iii) which
amount equal to the last increment in
he drew on the last occasion and he
the time-scale of the lower post or
shall count the period during which he
Rs.25/- whichever is more.
drew that pay on last such occasion for
(ii) When the appointment to the increment in the stage of time-scale
new post does not involve such equivalent to that pay
assumption of duties and
EXPLANATION:
responsibilities of greater importance
he shall draw as initial pay, the stage (1) ON PROMOTION – No orders for crossing
of the time-scale which is equal to his the efficiency bar in the lower scale are
substantive pay in respect of the old necessary for the purpose of fixing the pay
post, or, if there is no such stage, the in the higher promoted post
stage next above the old post held by
(2) REMOVAL OF ANOMALY – As a result of
him.
application of Regulation 18 (1) (i).
Provided that where the initial
(i) In order to remove the anomaly of an
pay of the time-scale of the new post is
employee promoted or appointed to a
higher than his pay in respect of the
higher post drawing a lower rate of pay in
old post held by him he shall draw the
that post than another employee junior to
minimum as the initial pay.
him in the lower grade and promoted or
Provided further that in case appointed subsequently to another
when pay is fixed at the same stage, identical post, the pay of the senior
he shall continue to draw that pay until employee in the higher post should be
such time he would have received an stepped up to a figure equal to the pay as
increment in the time-scale of the old fixed for the junior employee in the higher
post and in cases where pay is fixed at post. The stepping up should be done
the higher stage, he shall get his with effect from the date of promotion of
increment on completion of the period the junior employees and will be subject to
where increment is earned in the time- the following conditions
scale of the new post.
(a) both the junior and senior employees
(iii) When appointment to the new should belong to the same cadre and the
post is made on his own request under posts in which they have been promoted
Regulation 12 and the maximum pay in should be identical and in the same scale
the time-scale of that post is less than
(b) the scales of pay of the lower and
his substantive pay in respect of the
higher posts in which they are entitled to
old post, he will draw that maximum as
draw pay, should be identical; and
initial pay.
(c) the anomaly should be directly as a
(2) If the conditions prescribed in sub-
result of the application of Regulation
regulation (1) are not fulfilled he will draw as
18(1), i.e., if in the lower post the junior
initial pay the minimum of the time-scale ;
employee draws from time to time a higher
Provided, both in cases covered by rate of pay than the senior by virtue of
Sub-regulation (1) and in cases (other than grant of advance increment the above
cases of re-employment after resignation or provision will not be invoked to step up the
removal or dismissal from service), covered by pay of the senior employee.
sub-regulation (2), that if he either-
(i) The refixing of pay of the
(i) has previously held senior employee in accordance with
substantively or officiated in the same the above provisions shall be issued
post, or under Regulation 22. The next
increment of the senior employee will
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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

be drawn on completion of the due to removal of stagnation in the revised


requisite qualifying service with effect scale of pay.
from the date of refixation of pay.
In the event of an employee refusing
(ii) The provisions in (i) above may promotion even after the above concessions
be invoked to step up the pay of a become available, he would be debarred from
senior employee for a second time, in promotion for a period of one year.
case he happens to draw less pay than
19. The holder of a post the pay of which
his junior again, due to stepping up of
is changed shall be treated as if he were
pay of the latter with reference to pay
transferred to a new post on the new pay
of persons further junior to him by
applying the above provisions 20.(1) An increment shall ordinarily be drawn
as a matter of course unless it is withheld. An
(3) OPTION FOR CHOOSING DATE FOR
increment may be withheld for an employee if
FIXATION OF PAY UNDER
his conduct has not been good or his work has
REGULATION 18 (1) ON
not been satisfactory. In ordering the
PROMOTION;
withholding of an increment, the withholding
Under the provisions OF Regulation 18 authority shall state the period for which it is
(1), promotion of a junior person to the higher withheld, and whether the postponement shall
post, after accrual of his increment in the lower have the effect of postponing future
post, gives rise to an anomaly in pay of a increments
persons senior to him who though promoted
(2) Where an efficiency bar is prescribed
earlier has not drawn at any time pay lass than
in a time scale, the increment next above the
that of his junior in the lower post.
bar shall not be given to an employee without
In order to remove the aforesaid anomaly the specific sanction of the authority
the employee may be given an option for empowered to withhold increments under
fixation of his pay on promotion as under: Regulation 20 (1) above the relevant
disciplinary rules applicable to the employee or
(a) either his initial pay may be
of any other authority whom the Chairman may
fixed in the higher post on the basis of
by general or special order authorize in this
Regulation 18 (1) straightway without
behalf.
any further review on accrual of
increment in the pay scale of the lower NOTE:
post, or
(1) On each occasion on which an employee is
(b) his pay on promotion, may be allowed to pass an efficiency bar which
fixed initially at the stage of the time- had previously been enforced against him,
scale of the new post above the pay in he should come on to the time-scale at
the lower post from which he is such stage as the authority competent to
promoted which may be refixed on the declare the bar removed may fix for him,
basis of the provisions of Regulation subject to the pay admissible according to
18 (1) on the date of accrual of next his length of service
increment in the scale of pay of the
(2) A bar applied in a junior time-scale of
lower post
service should not, affect an employee’s
If the pay is fixed under (b) above, the pay in the senior time-scale, he should be
next date of increment will fall due on paid in the latter scale according to the
completion of 12 months qualifying service length of his service, unless his pay in
from the date pay is refixed on the second such scale is itself affected by the
occasion. operation of an efficiency bar or by a
disciplinary order passed
Option may be given within one month
of the date of promotion, Option once (3) The employee should be informed of the
exercised, shall be final. However, revised decision to enforce the bar.
option is permissible at the discretion of the
(4) The cases of all employees held up at an
Chairman provided the date of increment in
efficiency bar should be reviewed annually.
the lower post from which promotion is ordered
is changed due to anomaly rectification or (5) Once the competent authority has
when increment is available in the lower post determined the stage at which the employee
concerned should draw his pay from the date

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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.
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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.
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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 –
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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:

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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.

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

32. Honoraria: (d) any award sanctioned for


services in connection with the
The Chairman may grant or permit an
administration of the customs and
employee to receive an Honorarium payable
excise laws; and
from Board’s General Fund Account as
remuneration for work performed which is (e) any fees payable to an
occasional or intermittent in character and employee for duties which he is
either so laborious or of such special merit as required to perform in his official
to justify a special reward. Except when capacity under any special or local law
special reasons which should be recorded in or by order of Government
writing, exist for a departure from this
35. An employee whose duties involve the
provision, sanction to the grant of acceptance
carrying out of scientific or technical research
of an Honorarium should not be given unless
shall not apply for or obtain, cause or permit
the work has been undertaken with the prior
any other person to apply for or obtain a patent
consent of the Chairman and its amount has
for an invention made by such employees
been settled in advance.
save with the permission of the Central
NOTE: Government and in accordance with such
(1) It should be recorded in writing that the conditions as the Central Government any
nature of special work is such that it impose.
cannot be done without the grant of extra CHAPTER – VI
remuneration which is justified.
COMBINATION OF APPOINTMENTS
(2) Honorarium may also be granted to non-
officials for work done or service rendered 36. The Chairman may appoint an
by them with the prior consent of the employee already holding a post in a
Chairman on terms, conditions and substantive or officiating capacity to officiate,
amount settled in advance. as a temporary measure, in one or more of
other independent posts at one time, under the
33. FEES AND HONORARIA:
Board, provided that no such appointment :-
In the case of both Fees and
(1) of an employee referred to in clause
Honoraria the sanctioning authority shall
(a) of sub-section (1) of section 24 of the Major
record in writing that due regard has been paid
Port Trust Act, 1963 or
to the general principle enunciated in
Regulation 6 and shall record also the reasons (2) to a post referred to in the clause as
which in his opinion justify the grant of the aforesaid shall be made except with the prior
extra remuneration. approval of the Central Government. In such
cases the employee’s pay is regulated as
The Chairman may make rules
follows :
prescribing the conditions and limits subject to
which the authorities subordinate to him may (i) Where an employee is formally
sanction the grant or acceptance of Honoraria, appointed to hold full charge of the
and the acceptance of Fees. duties of a higher post in the same
office as his own and in the same
34. An employee is eligible to receive and,
cadre / line of promotion, in addition to
except as otherwise provided by a general or
his ordinary duties, he shall be allowed
special order or the Chairman, to retain without
the pay admissible to him in the higher
special permission,
post, unless the Chairman reduces his
(a) the premium awarded for any officiating pay under Regulation 26 but
essay or plan in public competition; no additional pay shall, however, be
allowed for performing the duties of a
(b) any reward offered for the
lower post
arrest of criminals or for information or
special service in connection with the (ii) Where an employee is formally
administration of justice appointed to hold dual charges of two
posts in the same cadre in the same
(c) any reward in accordance with
office carrying identical scales of pay,
the provisions of any act or regulation
no additional pay shall be admissible
rules framed thereunder
irrespective of the period of dual
charge

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

Provided that if the employee is 37. No deputation of an employee out of


appointed to an additional post which India shall be sanctioned without the previous
carries a special pay, he shall be approval of the Central government
allowed such special pay,
38. (1) When an employee is, with
(iii) Where an employee is formally proper sanction, temporarily deputed for duty
appointed to hold charge of another out of India either in connection with the post
post or posts which is or are not in the held by him / her or in connection with any
same office, or which, though in the special duty on which he / she may temporarily
same office, is or are not in the same be placed, including Training under various
cadre / line of promotion, he shall be financially aided schemes, he / she may be
allowed the pay of the higher post, or allowed by the Chairman to draw during the
of the higher post, if he holds charge of period of deputation, the same pay which he /
more than two posts, in addition to ten she would have drawn had he / she remained
percent of the presumptive pay of the on duty in the Port.
additional post or posts, if the
(2) An employee on deputation
additional charge is held for a period
may also be granted a compensatory
exceeding 39 days but not exceeding
allowance in foreign country of such amount
3 months
as the Government may decide.
Provided that if in any
(3) The foreign exchange
particular case it is considered
equivalent of pay or compensatory allowance
necessary that the employee should
admissible under sub-regulations (1) and (2)
hold charge of another post or posts
shall be calculated at such rate of exchange as
for a period exceeding 3 months, the
the Government may by order prescribe.
concurrence of the Government where
the appointing authority is the (4) The terms and conditions
Government or the Chairman in other governing such deputation are specified in
cases shall be obtained for payment of Appendix-IV.
the additional pay beyond the period of
CHAPETER – VIII
3 months;
(iv) Where an officer is formally DISMISSAL, REMOVAL AND SUSPENSION
appointed to hold full additional charge 39. The pay and allowances of an
of another post, the aggregate of pay employee who is dismissed or removed from
and additional pay shall in no case service cease from the date of such dismissal
exceed Rs.8,000/- or removal.
(v) No additional pay shall be 40. (1) An employee under
admissible to an employee who is suspension (or deemed to have been placed
appointed to hold current charge of the under suspension) by an order of the
routine duties of another post or posts appointing authority shall be entitled to the
irrespective of the duration of the following payments, namely:-
additional charge
(i) in the case of an employee :-
(vi) If compensatory allowance is
attached to one or more of the posts (a) a subsistence allowance at an
the employee shall draw such amount equal to the leave salary,
compensatory allowances as the which the employee would have drawn
Chairman may fix if he had been on leave on half pay
and in addition, dearness allowance, if
Provided that such allowance admissible on the basis of such leave
shall not exceed the total of the salary;
compensatory allowances attached to
all the posts. Provided that where the period
of suspension exceeds three months
CHAPTER – VII the authority which made or is deemed
to have made the order of suspension
DEPUTATION OUT OF INDIA
shall be competent to vary the amount
of subsistence allowance for any

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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

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

authority shall be competent to pass orders to (f) RESIGNATION DURING


increase or decrease the rate of subsistence SUSPENSION – If an employee who is under
allowance initially granted, according to the suspension submits his resignation, the
circumstances of each case. A second or competent authority should examine with
subsequent review can be made at any time at reference to the merits of the disciplinary case
the discretion of the competent authority against him whether it would be in the Board’s
interest to accept the resignation. Normally an
employee is placed under suspension only in
It is permissible to reduce the amount cases of grave delinquency and it would not be
of subsistence allowance once increased on correct to accept resignation of an employee
the basis of the first review upto fifty percent of under suspension.
the amount of the subsistence allowance
Exceptions may be made only in the
initially granted, if the period of suspension has
cases in which –
been prolonged for reasons directly
attributable to the employee, i.e. by his (i) the alleged offence do not involve moral
adopting dilatory tactics. turpitude or
Similarly, in a case where the amount (ii) the quantum of evidence against the
of subsistence allowance has been reduced accused employee is not strong enough to
after the first review, the same can be justify the assumption that if the
increased upto fifty percent of amount initially departmental proceedings were continued,
granted, if the period of suspension has been the employee would be removed or
prolonged for reasons not directly attributable dismissed from service, or
le to the employee and the employee has
(iii) the departmental proceedings are likely to
given up dilatory tactics.
be protracted that it would be cheaper to
(d) RETROSPECTIVE REVISION – It is the Board to accept the resignation.
considered not advisable that any orders
Where, however, the acceptance of
revising the subsistence allowances should be
resignation is considered necessary in the
given retrospective effect. However, in case
Board’s interest, the resignation may be
an order for variation of subsistence allowance
accepted with the prior approval of the
under Regulation 40 is passed by the
competent authority.
competent (disciplinary or appellate) authority
after quite some time from the expire of the (g) RETIREMENT DURING
requisite three months and that authority is SUSPENSION – Though under retirement
satisfied that the variation has got to be give Regulations / voluntary Retirement Scheme, it
retrospective effect for reasons to be recorded is open to an employee to retire from service in
in writing and orders accordingly, the same his own accord after giving notice, it has been
would be valid and binding on all concerned. provided that in such cases it shall be open to
the appropriate authority to withhold
(e) DEEMED SUSPENSION AND LAW
permission to an employee under suspension
OF LIMITATION - An employee in whose
who seeks to retire under this sub-clause.
case the order of suspension is deemed to
have been continued in force or who is (h) RETIREMENT OF EMPLOYEE
deemed to have been placed under UNDER SUSPENSION – An employee under
suspension from the date of original order of suspension shall be retired from service on the
dismissal / removal/ compulsory retirement date of attaining the age of superannuation.
from service under Regulation 7 (4) or 7 (5) of During the period commencing from the date
the Chennai Port Trust Employees’ of retirement to the date on which the inquiry is
(Classification, Control and Appeal) concluded and final orders are passed by the
Regulation, 1988 is to be paid subsistence and competent authority he shall be paid a
other allowances under Regulation 40 with provisional pension not exceeding the
retrospective effect from the date of order of maximum pension to which he would be
such dismissal / removal / compulsory entitled based on his qualifying service upto
retirement. the date of placing him under suspension. No
gratuity shall be paid until the conclusion of the
It is not necessary to invoke the law of
departmental or judicial proceedings and issue
limitation while paying the arrears of
of final order thereon.
subsistence allowance and other allowances in
such a case.

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

(1) Revision of scale of pay under (vii) Subscription to following special


suspension – funds :-
(i) Cases in which the revised (a) Chennai Port Trust Employees’
scale of pay takes effect from a date House Building Advance
prior to the date of suspension, the Special Family Benefit Fund.
employee will be entitled to the benefit
(b) Chennai Port Trust Employee’s
of increase in pay if any, in respect of
(Contributory Loss in Wages
the duty period before suspension and
Compensation) Fund.
also in the subsistence allowance, for
the period of suspension. (c) Chennai Port Trust Family
Security Fund.
(ii) Cases in which the revised
scale of pay takes effect from a date (b) Optimal Deductions – The
following within the period of recovery of the following deductions
suspension the benefit will accrue to should not be made except with the
the employee in respect of period of employee’s written consent:
suspension, only after his
(c) Non-deductions – The
reinstatement depending on the fact
deductions of the following nature should
whether the period of suspension is
not be made from the subsistence
treated as duty or not.
allowance:
(2) Recoveries from subsistence allowance
(i) Subscription to a Provident Fund.
– The permissible deductions fall as
under – (ii) Amounts due on Court Attachments.
(a) Compulsory deductions – The (iii) Recovery of loss to Board for which
recovery of the following deductions an employee is responsible.
should be enforced from the subsistence
(d) As regards the recovery of
allowance :
over-payment, the competent
(i) Income tax (Provided the administrative authority will exercise
employee’ yearly income discretion to decide whether the
calculated with reference to the recovery should be held wholly in
subsistence allowance is taxable). abeyance or it should be effected at a
rate not exceeding one-third of the
(ii) House rent and allied charges, i.e.,
subsistence allowance only, i.e.,
electricity, water, furniture, etc.
excluding dearness allowance and other
(iii) Rent free quarters concession will compensatory allowances.
cease from the date of
(3) Change of Headquarters – An employee
suspension.
under suspension is regarded as subject
(iv) An employee will not be required to all other conditions of service
to vacate rent free accommodation applicable generally to Board’s
unless the accommodation is employee and cannot leave his place of
specifically attached to any duty.
particular post, however, from the
(4) Attending office during suspension –
date of suspension house rent will
During the period of suspension a
be recovered from him on the
direction to the employee to attend office
assumption that he was not in
and mark attendance daily during
occupation of rent free quarters.
working hours is irregular.
(v) Rent due in respect of an
(5) Where an employee is due to be
employee occupying quarters will
discharged from service on account of
be recovered on the basis of
expiry of the sanction of the post held
subsistence allowance.
by, or otherwise become liable to be
(vi) Repayment of loans and advances retrenched when he is under
taken from the Board at such rates suspension, the question whether he
as the Head of the Department should be so discharged, or whether, to
deems it right to fix. enable disciplinary proceedings being
continued, special steps should be taken

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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

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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
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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 -
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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

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

(c) In all cases where the unless there are exceptional


circumstances leading to en employee’s reasons for not adopting this
reinstatement reveal that the authority which course.
terminated his services, either willfully did not
(iii) An employee against whom a
observe, or through gross negligence failed to
proceeding has been taken for his
observe the “proper procedure” as explained
arrest for debt but who is not
above, before terminating his service,
actually detained in custody may
proceedings should be instituted against such
be placed under suspension by an
authority under Regulation 14 of the “Chennai
order under the “Chennai Port
Port Trust Employees’ (Classification, Control
Trust Employees’ (Classification,
and Appeal) Regulations, 1988” and the
Control and Appeal) Regulations,
question of recovering from such authority the
1988” i.e., only if a disciplinary
whole or part of the pecuniary loss arising from
proceeding against his is
the reinstatement of the employee should be
contemplated.
considered.
(iv) When an employee who is
(5) Regularizing of suspension during
deemed to be under suspension in
criminal proceedings, arrest of detention - The
the circumstances mentioned in
cases of suspension during pendency of
clause (i) or who is suspended in
criminal proceedings or proceedings for arrest
the circumstances mentioned in
for debt or during detention under a law
clause (ii) is reinstated without
providing for preventive detention, shall be
taking disciplinary proceedings
dealt with, in the following manner hereafter –
against him, his pay and
(i) An employee who is detained in allowances for the period of
custody under any law providing suspension will be regulated under
for preventive detention or as Regulation 43, i.e. in the event of
result of a proceeding either on a his being acquitted of blame (if the
criminal charge or for his arrest for proceeding taken against him was
debt shall, if the period of for his arrest for debt) or its being
detention exceeds 48 hours and proved that his liability arose from
unless he is already under circumstances beyond his control
suspension, be deemed to be or the detention being held by any
under suspension from the date of competent authority or to be
detention until further orders as wholly unjustified, the case may be
contemplated in the “Chennai Port dealt with under Regulation 43 (3),
Trust Employees’ (Classification, otherwise it may be dealt with
Control and appeal ) Regulations, under proviso to Regulation 43 (3).
1988”. An employee who is
(6) Erroneous detention or detention
undergoing a sentence for
without basis - In the case of an employee
imprisonment shall also be dealt
who was deemed to have been placed under
with in the same manner pending
suspension, due to his detention in police
a decision on the disciplinary
custody erroneously or without basis and
action to be taken against him.
thereafter released without any prosecution
(ii) An employee against whom a having been launched, the competent authority
proceeding has been taken on a should apply its mind at the time of revocation
criminal charge but who is not of the suspension and reinstatement of the
actually detained in custody (e.g. a employee and if he comes to the conclusion
person released on bail) may be that the suspension was wholly unjustified, full
placed under suspension by an pay and allowances may be allowed.
order of the competent authority
(7) Period of suspension to be treated
under the “Chennai Port Trust
as duty if minor penalty only is imposed – An
Employees’ (Classification, Control
employee could be placed under suspension if
and Appeal) Regulations, 1988”. If
a prima facie case made out justifying his
the charge is connection with the
prosecution or disciplinary proceedings which
official position of the employee or
are likely to end in his dismissal, removal or
involving any moral turpitude on
compulsory retirement, i.e., suspension should
his part, suspension shall be
be resorted to only in those cases where a
ordered under this regulations
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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

major penalty is likely to be imposed on a change of residence from one station


conclusion of the proceedings and not a minor to another station. For this purpose,
penalty. Where departmental proceedings the term ‘same station’ will be
against a suspended employee for imposition interpreted to mean the area falling
of a major penalty finally end with the within the jurisdiction of the
imposition of a minor penalty, the suspension municipality or corporation including
can be said to be wholly unjustified in terms of such of suburban municipalities,
Regulation 43 and the employee concerned notified areas of cantonments as are
should, therefore, be paid full pay and contiguous to the named municipality,
allowances for the period of suspension by etc.
passing a suitable order under Regulation 43.
(iv) In cases involving transfer from
(8) Grant of leave under suspension – one station to another and also
Leave may not be granted to an employee involving change of residence, the
under suspension. employee shall be allowed joining time
with reference to the distance between
CHAPTER –IX
the old headquarters and new
LEAVE headquarters by direct route and
44. The entitlement to leave, leave salary ordinary mode(s) of travel as indicated
and other conditions therefore to employees in the normal joining time may be
are regulated in accordance with the ‘ Chennai deemed to have been extended to
Port Trust (Leave) Regulation, 1987 as cover such holiday(s).
amended from time to time.
CHAPTER – X
Distance between Joining Joining
RETIREMENT the old time time
headquarters and admissible admissible
45. The terms and conditions of retirement the new where the
headquarters transfer
of employees from the Trust’s service are necessarily
regulated under the provisions of the Chennai involves
Port Trust Employees’ (Retirement) continuous
travel by
Regulation, 1976 as amended from time to road for
time. more than
200 kms.
CHAPTER – XI
JOINING TIME (1) (2) (3)

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

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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
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restrictions which may be imposed, the (ii) make regulations prescribing


amount of his pay, the amount of joining time the rate of interest if any, to be levied
admissible to him, his pay during such joining on overdue contributions.
time and terms and conditions of transfer will
56. (1) Contributions for leave salary or
be fixed by the authority sanctioning the
pension due in respect of an employee on
transfer in consultation with the foreign
foreign service may be paid annually within
employer (See Appendix V).
fifteen days from the end of each financial year
52. (1) While an employee is in foreign or at the end of the foreign service, if the
service, contributions, towards the cost of his deputation on foreign service expires before
pension must be paid to Board’s General Fund the end of a financial year, and if the payment
Account on his behalf. is not made within the said period interest
must be paid to the board, at the rate of two
(2) If the foreign service is in India,
paise per day per hundred rupee from the date
contributions must be paid on account of the
of expiry of the period aforesaid upto the date
cost of leave salary also.
on which the contribution is finally paid. The
(3) Contributions due under (1) and (2) interest shall be paid by the employee or the
above shall be paid by the employee himself, foreign employer accordingly as contribution is
unless the foreign employer consents to pay paid by the former or the latter.
them. They shall not be payable during leave
(2) The leave salary and pension
taken while in foreign service.
contribution should be paid separately and no
(4) By special arrangements made dues recoverable from the Board on any
under Regulation 60 contributions on account account should be set off against these
of leave salary may be required in the case of contributions.
foreign service out of India also, the
57. An employee on foreign service may
contribution being paid by the foreign
not elect to withhold contributions and to forfeit
employer.
the right to count as duty on Board’s service
NOTE: Pension throughout this chapter the time spent in foreign employer. The
include Board’s contributions, if any, payable contribution paid on his behalf maintains his
to an employee’s credit in a Contributory claim to pension or to pension an leave salary,
Provident Fund. as the case may, in accordance with the rules
of the service. Neither be nor the foreign
53. The rate of contributions payable on
employer has any right of property in a
account of pension and leave salary shall be
contribution paid and no claim for refund can
such as may be prescribed by the Government
be entertained.
(See Appendix-V)
58. An employee transferred to a foreign
54 (1) The rates of pension contribution
service may not without the sanction of the
prescribed under Regulation 55 will be
Chairman, accept pension or gratuity from his
designed to secure to the employee the
foreign employer in respect of such service.
pension that he would have earned by service
under the Board if he had not been transferred 59. An employee in foreign service may
to foreign service. not be granted leave otherwise than in
accordance with the rules applicable to him
(2) The rates of contribution for leave
and may not take leave or receive leave salary
salary will be designed to secure to the
from the Board unless he actually quits duty
employee leave salary on the scale and under
and goes on leave.
the conditions applicable to him.. In calculating
the rate of leave salary admissible, the pay 60. (1) An employee in foreign service out of
draw in foreign service, less in the case of India may be granted leave by his employer on
employees, paying their own contributions, such conditions as the employer may
such part of pay as may be paid as determine. In any individual case, the
contributions will count as pay. authority sanctioning the transfer may
determine before hand, in consultation with the
55. In case of transfer to foreign service,
employer, the condition on which leave will be
the Board may
granted by the employer. The leave salary in
(i) remit the contributions due in respect of leave granted by the employer will
any specified case or class of cases: be paid by the employer and the leave will not
and

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

be debited against the employee’s leave Government pending formal amendment to


account. these regulations.
(2) In special circumstances the authority 66 A service record should be maintained
sanctioning a transfer to foreign service out of for every employee in the manner as may be
India may make arrangements with the foreign prescribed by the Chairman from time to time.
employer, under which leave may be granted
67 The forms and procedures for the
to the employee in accordance with the rules
purposes of these regulations shall be as
applicable to him as a Board’s employee if the
prescribed by the Chairman from time to time.
foreign employer pays to the Board leave
contribution at the rate prescribed. 68 Any orders passed or action taken
or provisions implemented based on the
61. An employee in foreign service if
Fundamental Rules and Supplementary Rules
appointed to officiate in a post in Board’s
of the government of India prior to the
service, will draw pay calculated on the pay of
commencement of these Regulations, such
the post in Board’s service on which he holds
orders passed or action taken or provisions
a lien and that of the post in which he
implemented shall be deemed to have been
officiated. His pay in foreign service will not be
done under the corresponding provisions of
taken into account in fixing his pay.
these Regulations
62 (1) An employee reverts from foreign
K.V RAO, Jt. Secy.
service to Board’s service on the date on
which he takes charge of his post in Board’s (File No.PR-12016/11/96-PE.I)
service.
Foot Note :
Provided that if he takes leave on the
The Chennai Port Trust (Pay and
conclusion of foreign service before rejoining
Allowances, etc) Regulations, 2001 approved
his post his reversion shall take effect from
by the Central Government and published in
such date as the Head of Department on
the Gazette of India vide Ministry of Shipping’s
whose establishment he is borne may decide.
Notification No. GSR 548(E) dated 23.7.2001.
(2) When an employee reverts from Subsequently amended vide (i) Notification
foreign service to Board’s service his pay will No.GSR 39(E) dated 20.1.2005.
cease to be paid by the foreign employer and
********
his contributions will be discontinued, with
effect from the date of reversion.
CHAPTER XIII

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

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

APPENDIX -I Resignation is an intimation in writing


DELEGATION OF POWERS (REGULATION-3) sent to the competent authority by the
incumbent of a post, of his intention or
Sl. Reg Nature of Authority to Extent of power delegated proposal to resign from office / post either
No. No. powers which is immediately or from a future specified date. A
delegated
(1) (2) (3) (4) (5)
resignation has to be clear and unconditional.
1. 14 Power Chairman Full powers in respect of all 3. CIRCUMSTANCES UNDER WHICH
(1) for employees RESIGNATION SHOULD BE
(iii) condonati Deputy Full Powers in respect of ACCEPTED:
on of Chairman Class II& III employees
interrupti It is not in the interest of the board to
on or Head of Full powers in respect of retain an unwilling Board’s employee in
break in Department Classes III and IV employees
service service. The general rules, therefore, is that a
2. 15 Power to Government For posts covered by resignation of an employee from service
accept Section 24(i)(a) of the Major should be accepted, except in the
and Port Trusts, Act , 1963. circumstances indicated below.
permit
withdraw Chairman For all other Class I posts (i) Where the Board’s employee
al of
resignati Deputy For Class II posts
concerned is engaged on work of importance
on Chairman or and it would take time to make alternative
Higher arrangements for filling the post, the
Authority resignation should not be accepted straight
Heads of For Classes III and IV posts away by only when alternative arrangements
Departments or for filling the post have been made.
Higher
Authority (ii) Where an employee, who is under
3. 20 Grant of Chairman Full powers in respect of all suspension, submits, a resignation, the
Incremen Classes of employees competent authority should examine with
t
(including Deputy Full powers in respect of reference to the merit of the disciplinary case
E.B.) Chairman Classes II & III employees pending against the employee, whether it
would be in Board’s interest to accept the
Full powers in respect of
resignation. Normally, as employees are
Head of Classes III and IV employees.
Department NOTE: Stoppage of placed under suspension only in cases of
increment at E.B. should be grave delinquency it would not be correct to
drawn only with approval of accept a resignation from an employee under
the Chairman.
4. 40 Power to Government For posts covered by
suspension.
grant and Section 24(i)(a) of the Major Exceptions to this regulation would be
review Port Trusts, Act , 1963.
subsisten Chairman For all Classes of employees where the alleged offences do not involve
ce moral turpitude or where the quantum of
allowanc Deputy For Class II and III evidence against the accused employee is not
e Chairman employees
strong enough to justify the assumption that if
Head of For Classes III and IV the departmental proceedings were continued,
Department employees he would be removed or dismissed from
service, or where the departmental
*****
proceedings are likely to be so protracted that
APPENDIX-II it would be cheaper to the Board to accept the
RESIGNATION resignation.

(REGULATION 15) 4. EFFECTIVE DATE OF RESIGNATION:

1. AUTHORITY TO ACCEPT RESIGNATION: A resignation becomes effective when


it is accepted and the employee is relieved of
When an employee tenders his duties. If an employee who had submitted
resignation, the appointing authority in respect a resignation, sends an intimation in writing to
of the service or post in question is the the appointing authority withdrawing his earlier
authority competent to accept the resignation letter or resignation before its acceptance by
of the employee. the appointing authority, the resignation will be
2. FORMAT OF RESIGNATION; deemed to have been automatically withdrawn
and there is no question of accepting the
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resignation. In case, however, the resignation the Government or in or under a body


had been accepted by the appointing authority controlled or financed by the Government.
and the employee is to be relieved from future
(3) When an order is passed by the
date, if any request for with drawing the
appointing authority allowing a person to
resignation is made by the employee before
withdraw his resignation and to resume duty,
his is actually relieved of his duties, the normal
the order shall be deemed to include the
principle should be to allow the request of the
condonation of interruption in service but the
employee to withdraw the resignation. If
period of interruption shall not count as
however, the request for withdrawal is to be
qualifying service.
refused, the grounds for the rejection of the
request should be duly recorded by the 6. RELEASE OF EMPLOYEES FOR
appointing authority and suitably intimated to APPOINTMENT IN CENTRAL PUBLIC
the employee concerned. ENTERPRISES:
5. WITHDRAWAL OF RESIGNATION: An employees who has been selected
for a post in a Central / State Government or
The procedure for withdrawal of the Government of Union Territory or the
resignation after it has become effective and Public Sector Undertakings or State or Central
the employee had relinquished the charge of Public / State or Central autonomous body or
his post are governed by the following other Major Ports or any other local authority /
provisions; body on the basis of his application on his own
(1) The appointing authority may permit a volition and forwarded through Port may be
person to withdraw his resignation in the released only after obtaining and accepting his
Board’s interest on the following provisions, resignation from the Port service. Resignation
namely ; from Board’s service with a view to secure
such employment with proper permission will
(i) That the resignation was tendered by not entail forfeiture of the service for the
the employee for some compelling reasons purpose of retirement/ terminal benefits. In
which did not involve any reflection on his such cases, the employee concerned shall be
integrity, efficiency of conduct and the request deemed to have retired from service from the
for withdrawal of the resignation has been date of such resignation and shall be eligible to
made as a result of a material change in the receive all retirement / terminal benefits as
circumstances which originally compelled him admissible under the relevant regulations
to tender the resignation; applicable to him in Port service in accordance
(ii) That during the period intervening with the orders on the subject issued by the
between the date on which the resignation Government from time to time.
became effective and the date from which the 7. WHEN RESIGNATION A ‘ TECHNICAL
request for withdrawal was made, the conduct FORMALITY’
of the person concerned was in no way
improper, In cases where employees apply for posts in
the same or other departments through proper
(iii) That the period of absence from duty channel and on selection, they are asked to
between the date on which the resignation resign the previous posts for administrative
became effective and the date on which the reasons, the benefit of past service may, if
person is allowed to resume duty as a result of otherwise admissible under regulations, be
permission to withdraw the resignation is not given for purposes of fixation of pay in the new
more than ninety days; and post treating the resignation as a ‘technical
(iv) That the post, which was vacated by formality’
the employee on the acceptance of his *****
resignation or any other comparable post, is
available.
(2) Request for withdrawal of resignation APPENDIX-III
shall not be accepted by the appointing REGULATION OF COMPENSATORY
authority where an employee resigns his (CITY) AND HOUSE RENT ALLOWANCES
service or post with a view to taking up an IN DIFFERENT CIRCUMSTANCES
appointment in or under a private commercial (REGULATION 30)
company or in a corporation or company
The drawal of compensatory (city)
wholly or substantially owned or controlled by
allowances and / of house rent allowance
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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
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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

station from where they proceed abroad on 5. TRAINING IN INDIA:


deputation in the following manner;
An employee ho is sent on training in
(i) Deputation not exceeding one year – India, and whose period of training is treated a
compensatory (city) and house rent duty under regulation 4 (6) shall be entitled to
allowances will be admissible for the entire draw during the entire period of such training
period of deputation. compensatory (city) and house rent
allowances at the rates admissible to him, from
(ii) Deputation exceeding one year – An
time to time, at the either the place of training
employee proceeding on depuration abroad for
or the place of duty from where he proceeded
a period exceeding one year will be eligible for
on training, whichever or more favourable to
compensatory (city) allowance / house rent
him. For claiming the allowances admissible
allowance till such time as his family remains
at the place of duty from where an employee
at the last place of his duty in India. In the
proceeded to another station for training, he
event of an employee applying for family
will be required to furnish the certificate (s)
passage to the place of depuration abroad or
prescribed.
for transfer, travelling allowances in respect of
his family’s journey from the headquarters in NOTE; - An employee who is allowed
India to hometown or any station he will not be travelling allowance as on tour and draws daily
required to refund the amount of allowance at the place of training will draw
compensatory (city) allowance / house rent house rent allowance and compensatory (city)
allowance upto the date upto which the family allowance only at the rate admissible to him at
actually resides at the last headquarters of the his headquarters from where he proceeded on
employee in India. training.
(iii) Deputation initially not exceeding one 6. SUSPENSION:
year but subsequently extended beyond one
The drawal of compensatory (city)
year – Compensatory (city) and house rent
allowance and house rent allowance to an
allowances will be admissible upto the date or
employee under suspension shall be regulated
orders extending the period of depuration
with reference to Regulations 40 and 41
beyond one year. Thereafter, the allowances
subject to his furnishing either or both of the
shall be admissible as per sub-para (ii) above.
certificates prescribed for drawal of allowances
(iv) The drawal of allowances under this for periods beyond 180 days from the date of
sub-para will be subject to the production of suspension.
certificates prescribed.
NOTE: If the headquarters of an employee
4. TRAINING ABROAD : under suspension are changed in the Board’s
interests by orders of a competent authority,
An employee who is deputed for
he shall be entitled to the allowances as
training abroad under the various training
admissible at the new station provided the
schemes sponsored by the Board or operated
furnishes the requisite certificate with
through non-official channels shall be entitled
reference to such station.
to draw compensatory (city) allowance and
house rent allowance during the entire period 7. WOMEN EMPLOYEES NOT PAYING
of such training at the rate admissible to him RENT THEMSELVES:
from time to time at the station from where he In the case of married employee residing
was deputed abroad for training subject to the with her husband, and in the case of an
production of certificates prescribed. unmarried employee residing with her father or
Leave taken during the course of other members of the family who are not
training or immediately after the completion of employees, the rent paid by her husband or,
training abroad to cover stay-overs / stop- as the case may be, by her father or other
overs resulting in the absence of the trainees members of the family, shall be deemed to be
abroad beyond a period of training and as the rent paid by her. Such employees will be
such the employee concerned will not be eligible for house rent allowance, if otherwise
entitled to my compensatory (city) and house admissible under these orders.
rent allowances during the period of leave CERTIFICATES
taken on training abroad irrespective of
whether the leave falls within the first six The certificates required under sub-para 3 (iv),
months of training or immediately after the pars (4), (5) and (6) will be as follows:
completion of the training abroad.
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I. For drawal of compensatory (city) (b) on deputation / delegation


allowance; other than on training under financially
aided schemes.
The employee concerned or his family or
both continued, for the period for which (2) The guiding principles, formulation and
compensatory (city) allowance is claimed, clearance of proposals, period of deputation,
to reside at the same station (whether passage, passport and other fees, daily
within its qualifying limits or in an adjoining allowance, accommodation, foreign
area) from where he was placed under allowances and other allied matters shall be in
suspension / proceeded on leave / accordance with the directions of the Central
deputation / training. Govern.
II. For drawal of house rent allowance; (3) Leave and Transit time:
The employee concerned continued for the An employees deputed for training
period for which house rent allowance is abroad may be allowed upto a maximum of 4
claimed, to retain the house at the same days for completion of pre-departure
station, (whether within its qualifying limits formalities, e.g., medical examination,
or in an adjoining area) from where he was arrangements for passports, etc., and this
placed under suspension / paid rent for it. period may be treated as transit time.
NOTE: 1. The words “adjoining area” used in Where an employee avails himself of
the above certificates refer to an area from earned leave not exceeding 120 days / 4
which an employee normally attends to his months in India, in conjunction with
duties. deputation.;-
2. Family under this regulation means a (a) the normal time taken on the journey
Board’s servant’s wife / husband, children and by the employee from the place where he was
other persons residing with and wholly spending his leave to the sea / air port of
dependent upon him / her. A husband’s wife / embarkation limited to the normal time on the
child / parent having an independent source of journey from his headquarters in India to the
income is not treated as a member of family of Port of embarkation, and
the Board’s servant except when such income
(b) The normal time taken on the journey
including pension (inclusive of temporary
from the Port of disembarkation to his
increase in pension and pension equivalent of
headquarters, may, under the orders of the
DCRG benefits) does not exceed an amount
Chairman, be treated as transit time and
as may be prescribed by the Chairman from
included in the period of deputation.
time to time.
(c) An employee may, subject to the
********
exigencies of Board’s service, be granted
leave while abroad for a period not exceeding
fifty per cent of the actual period of duty
APPENDIX-IV abroad (excluding the transit time from India to
the country of deputation and back and
DEPUTATION OUT OF INDIA – TERMS AND enforced halt) or a fortnight, whichever is less
CONDITIONS for personal reasons. Cases involving grant of
leave in excess of limits indicated above
(REGULATION 38) should be decided by the Government.
(d) The Chairman may grant casual leave
(1) employees may be allowed to proceed in exceptional circumstances to an employee
abroad – subject to the condition that it will not have the
(a) (i) for training under various effect of extending the period of deputation.
financially aided schemes (such as (e) The entitlement of an employee to
Colombo Plan, U.N. Scheme, etc.) and normal transit time, pay will not be affected by
sponsored programmes. leave of any kind taken in India immediately
(ii) to attend meetings / before the commencement of the period of
conference sponsored by I.L.O., deputation or immediately on return to India at
U.N.O., or other foreign Governments the end of such deputation; leave taken
Agencies. abroad before, during or at the end of the
period of depuration on medical grounds or in
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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:

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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.

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

4. PAY FIXATION: occasions the employees should have opted to


draw pay in the scales of pay attached to the
4.1 When an employee on deputation /
ex-cadre posts.
Foreign Service elects to draw pay in the scale
of pay attached to the ex-cadre post, his pay 4.3 In cases of appointment to a second or
may be fixed as under: subsequent ex-cadre post (s) in a higher pay
scale than that of the previous ex-cadre post,
(i) Deputation from Port / Government /
that pay may be fixed with reference to the pay
other organizations to Chennai Port Trust;
drawn in the cadre post and if the pay so fixed
Pay may be fixed under normal rules. happen to be less than the pay drawn in the
previous ex-cadre post, the difference may be
(ii) In foreign service / reverse foreign
allowed as personal pay to be absorbed in
service:
future increases in pay. This is subject to the
(a) When the pay scale of the post condition that on both the occasions the
in the parent cadre and that attached employee should have opted to draw pay in
to ex-cadre post are based on same the scales of pay attached to the ex-cadre
index level and the DA pattern is also posts.
same, the pay may be fixed under the
normal fundamental rules. NOTE. 1: The term parent post basic pay
means the post held on regular basis in the
(b) If the appointment is made to parent organization and pay drawn /
post whose pay structure and / or DA admissible in such a post respectively.
pattern is dissimilar to that in the
2. A officer who may be holding a higher
parent organization, pay may be fixed
by addition to his grade pay, one post on ad hoc basis in the cadre at the time of
proceeding on deputation/ foreign service
increment in the scale of his regular
would be considered to have vacated the post
parent post (and if he was drawing pay
at the maximum of the scale by the held on ad hoc basis and proceeded on
deputation / foreign service from his regular
increment last drawn) and equating the
pay so raised plus dearness allowance post. During his deputation / foreign service,
he shall earn notional increments in his regular
(and additional or ad hoc dearness
post only. On his reversion if he is
allowance, interim relief, etc. if any)
with emoluments comprising of pay reappointed to the higher post on regular or ad
hoc basis his pay will get fixed with reference
plus D.A, ADA, interim relief, etc. if
to the pay admissible in the lower post as on
any, admissible in the borrowing
organization and the pay may be fixed date of promotion. In such case, if his pay
gets fixed at a stage lower that that of his
at the stage in the pay scale of the ex-
cadre post at which total emoluments junior (s) who continued to serve in the cadre,
no stepping up will be admissible as per extent
admissible in ex-cadre post as above
rules insofar as the Trust’s employees are
equal to the emoluments drawn in the
cadre and if there is no such stage, concerned. However, if the pay so fixed is
less that the pay drawn earlier while holding
pay may be fixed at the next higher
stage. the post on ad hoc basis the pay earlier drawn
will be protected. Therefore, those employee
(iii) Pay fixed under (i) and (ii) shall neither who are already holding a higher post on ad
be less than the minimum of the scale of the hoc basis are expecting it shortly in the parent
ex-cadre post nor shall it exceed the maximum cadre may weigh all relevant considerations
of that scale. before opting for deputation / foreign service.
4.2 In cases of appointment from one ex- This note of caution will be applicable to
cadre post to another ex-cadre post where the employee of other organizations wishing to
employee opts to draw pay in the scale of the apply for posts on deputation in Chennai Port
ex-cadre post, the pay in the second or Trust, if governed by similar rules in parent
subsequent ex-cadre posts, should be fixed organization.
under the normal rule as with reference to pay 3. Pay of officer appointed on deputation
in the cadre post only. In respect of / foreign service on ad hoc basis pending
appointments to ex-cadre post, the difference selection of a regular incumbent may also be
may be allowed as personal pay to be regulated in accordance with provision of para
absorbed in future increases in pay. This is 4 or 5 of this Appendix, subject to the condition
subject to the condition that on both the that if the said officer does not fulfill the

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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
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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

Year of Rates of monthly contribution 17-18 16% 14% 13% 10%


service expressed as percentage of the Year
maximum monthly pay of the post in
the officiating / substantive grade, as 18-19 17% 15% 13% 10%
the case may be, held by the Year
employee at the time of proceeding
on foreign service 19-20 17% 15% 13% 10%
Year
Class-I Class- Class- Class-
II III Iv 20-21 18% 16% 14% 11%
Year
0-1 7% 6% 5% 4%
Year 21-22 19% 16% 14% 11%
Year
1-2 7% 6% 5% 4%
Year 22-23 19% 17% 15% 11%
Year
2-3 8% 7% 6% 5%
Year 23-24 20% 17% 15% 12%
Year
3-4 8% 7% 7% 5%
Year 24-25 20% 17% 16% 12%
Year
4-5 9% 8% 7% 5%
Year 25-26 21% 18% 16% 12%
Year
5-6 10% 8% 7% 6%
Year 26-27 21% 18% 16% 13%
Year

6-7 10% 9% 8% 6% 27-28 22% 19% 17% 13%


Year Year

7-8 11% 9% 8% 6% 28-29 23% 19% 17% 13%


Year Year

8-9 11% 10% 9% 7% 29-30 23% 20% 18% 13%


Year
Above 23% 20% 18% 14%
9-10 12% 10% 9% 7% 30
Year years

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

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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

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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:

(c) Following allowances / facilities will be The whole expenditure in respect of


regulated in accordance with the rules as any compensatory allowance (including
explained against each : dearness allowance) for the periods of leave in
or at the end of foreign service shall be borne
(i) Dearness Allowance: The by the foreign employer. A condition to this
employee shall be entitled to dearness effect should be inserted in the terms of
allowance at the rates prevailing in the transfer of foreign service.
borrowing organization or in the
leading organization depending on 13. PROCEDURE FOR PAYMENT OF
whether he has opted for to draw pay PENSION CONTRIBUTION AND
in the time scale of the ex-cadre post LEAVE SALARY CONTRIBUTION:
or his own grade pay plus deputation A condition to the effect that
(duty) allowance. payment of these contributions either by the
(ii) Medical Facilities : This will be foreign employer or the employee himself
regulated in accordance with the rules should be inserted in the terms of Foreign
of borrowing organization. Service. Where the transferee himself is liable
to pay the contributions on account of pension
(iii) Leave: An officer on depuration / contributory provident fund and leave salary it
/ Foreign service shall be regulated by shall be necessary to secure a letter from the
the leave rules of the parent transferee, addressed to the foreign employer
organization. At the time of reversion to pay to the Board from his salary a specific
from the deputation post to the parent monthly sum which would be based on the
cadre, the borrowing organization may foreign service contributions which the
allow him / her leave not exceeding employee himself has to pay which would
two months. The employee should enable for foreign employer lawfully to effect
apply for further leave to his cadre the necessary deductions and remit it to the
controlling authority. Board.
8. REIMBURSEMENT OF TUITION FEES: 13.1 In cases of reserve deputation from
He will be entitled to reimbursement of Central Public Section Undertakings / State
tuition fees of his children subject to the terms Public Section Undertakings / autonomous
and conditions laid down for it from time to bodies to Chennai Port Trust, the question
time and liability in this regard will devolve, on regarding leave salary and pension
the borrowing organization. contributions will be decided by mutual
consent.
9. LEAVE AND PENSION :
14. PERIOD OF FOREIGN SERVICE :
During the period of deputation on
temporary transfer he will continue to be The period of Foreign Service runs from the
governed by the leave and pension regulations date on which the employee hands over
of the Board applicable to him. charge of his post in Board’s service to the
date on which he resumes charge of it. The
period of transit both ways is also part of
foreign service. Even if leave is taken at the
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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

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

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CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001

no further extension of the period of deputation 20 LENDING DEPARTMENT TO PAY D.A.


should be allowed in such cases. AS PART OF CASH EQUIVALENT OF
LEAVE SALARY IN CASE OF
16. PREMATURE REVERSION OF RETIREMENT / DEATH WHILE IN
DEPUTATIONIST TO PARENT FOREIGN SERVICE
CADRE:
20.1 The incidence of expenditure on
Normally, when an employee is appointed on account of dearness allowance payable to an
deputation / foreign service, his services are employee who retires / dies in harness while
placed at the disposal of the parent on foreign service should be paid to him by the
organization at the end of the tenure. Board as a part of cash equivalent of leave
However, as and when a situation arises for salary in lieu of unutilized leave admissible to
premature reversion to the parent cadre of the him at the time of retirement / demise.
deputationist, his services could be so
returned after giving advance intimation of 20.2 No employee will be permitted to
reasonable period to the lending organization receive any remuneration or enjoy any
and the employee concerned. concession not those specified in the order:
and if the order is silent as to any particular
17. SPECIFIC TERMS ABOUT
remuneration or concession it must be
ENCASHMENT OF EARNED LEAVE:
assumed that the intention is that it shall not
The liability on account of “all be enjoyed.
admissible allowances” towards encashment 21. SPECIFIC TERMS ABOUT
of earned leave during the period of deputation PRODUCTIVITY LINKED BONUS :
shall be borne by the borrowing department.
The Trust will bear the liability on account of The liability will be borne by the
pay only. Chennai Port Trust, provided the deputationist
opted for the scale of pay applicable to his
18. RECOVERY OF SPECIAL DISABILITY rank and category in the Chennai Port Trust.
LEAVE SALARY CHARGES ON
In cases, where the deputationist opted for the
ACCOUNT OF DISABILITY INCURRED
scale of pay which he was drawing in his
IN AND THROUGH FOREIGN
SERVICE. parent department prior to the date of his
deputation and draw deputation duty
The foreign employer should in the allowance, the liability will be limited to the
case of employees transferred to a foreign scale of pay as applicable to his rank and
service accept liability for leave salary in category in the Chennai Port Trust for the
respect of disability leave granted on account whole year or proportionately, as the case may
of disability incurred in and through foreign be.
service, even though such disability manifests
22 FOREIGN SERVICE TRANSFER ON
itself after the termination of foreign service.
OWN VOLITION:
The leave salary charges for such leave
should be recovered direct from foreign A permanent employee who has been
employer, a condition to this effect being appointed in an autonomous body / public
inserted in the terms of transfer to foreign sector undertaking financed wholly or
service. substantially by Government or in Government
departments or other Ports on the basis of his
19. TRANSIT PAY AND T.A. OF AN
EMPLOYEE TRANSFERRED FROM own application in response to press
ONE FOREIGN EMPLOYER TO advertisement etc., shall, on his permanent
ANOTHER WITHOUT REVERTING TO absorption in such body be entitled to the
THE BOARD’S SERVICE: same retirement benefits in respect of his past
service under the Board as are admissible to a
In the case of an employee who permanent employee going on deputation and
proceeds on transfer from one foreign getting absorbed therein, except, carry forward
employer to another without reverting to of leave provided they had applied through
Board’s service the transit pay and allowance, proper channel and released after obtaining
traveling allowances should be borne by the acceptance of their resignation from past
foreign employer to whom the employee service.
proceeds on transfer subject to the provisions
of period of deputation read with para 15.6 to 22.1 They may be allowed to retain their
15.8 lien in Board’s service for a period of two years
or till they are permanently absorbed in the

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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.
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