(PUBLISHED IN PART II SECTION 3 SUB ... - Port of Chennai

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001(2) The medical requirements, MedicalClassification for appointment, promotion andtransfer to various categories of posts shall besuch as may be prescribed by the Chairmanfrom time to time(3) Employees may be required toundergo periodical medical examination to testtheir fitness to hold a post. The periodicity andthe manner of such medical examinationwhere necessary shall be prescribed by theChairman from time to time6. Unless in any case it be otherwiseprovided, the whole time of an employee is atthe disposal of the Board and he may beemployed in any manner required bycompetent authority, without claim foradditional remuneration7 a) Two or more employeescannot be appointed substantively tothe same regular post at the same time(b) An employee cannot beappointed substantively to two or moreregular posts at the same time(c) An employee cannot beappointed substantively to a post onwhich another employee holds a lien8 ACQUIRING LIEN ;Unless in any case it be otherwise provided inthese regulations an employee on substantiveappointment to any regular post acquires a lienon that post and ceases to hold any lienpreviously acquired on another post.NOTE: Confirmation in a service or cadre istantamount to acquiring a lien on a post.9 RETENTION OF LIENUnless his lien is transferred underRegulation 11, an employee holdingsubstantively a regular post retains a lien onthat post –(a)that post;While performing the duties of(b) While on Foreign Service, orholding a temporary post or officiatingin another post(c) During joining time on transferto another post unless he is transferredsubstantively to a post on lower pay, inwhich case his lien is transferred to thenew post from the date on which he isrelieved of his duties in the old post1 GSR No. 39 (E), dated 20.01.2005 (BR Nos 68, dated 01.09.2003, 63, dated 15.10.2004)(d)(e)While on leave; andWhile on suspensionNOTE – condition for retention of lien In thePort service in case of an employee gettingemployed in foreign service on own volition areas follows(i) The application may beforwarded in accordance with the instructionsissued therefor by the Chairman(ii) In case of permanentemployees their lien may be retained for aperiod of two years. They should either revertto the Port within that period or resign from thePort service. An undertaking to abide by theseconditions may be taken from them at the timeof forwarding the applications(iii) As for temporary employeesthey should as a matter of rule be asked toresign from the Port service at the time ofrelease. An undertaking to the effect that theywill resign from the Port Service in the event oftheir selection and appointment to the postapplied for may be taken from them at the timeof forwarding the applications(iv) In exceptional cases where itwould take some time for the new employer toconfirm such employees due to someadministrative reasons, the permanentemployees may be permitted to retain their lienin the Port service for one more year. Whilegranting such permission a fresh undertakingin respect of permanent employees similar tothe one indicated in sub-para (ii) may betaken.10 TERMINATION OF LIENAn employee’s lien on a post may bein no circumstances, be terminated, even withhis consent of the result will be to leave himwithout a lien upon a regular post11 TRANSFER OF LIENSubject to the provisions of Regulation12, the Chairman may transfer to anotherpermanent post in the same cadre, the lien ofan employee who is not performing the dutiesof the post to which the lien relates12 TRANSFERThe Chairman, may transfer anemployee from one post to another, providedthat except-4

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001(1) On account of inefficiency ormisbehavior; or(2) On his written request for alternateappointment, an employee shall not betransferred substantively to or, exceptin a case covered by Regulation 38appointed to officiate in a post carryingless pay than the pay of the permanentpost on which he holds a lien13 SUBSCRIPTION TO FUNDAn employee may be required tosubscribe to a Provident Fund and such otherfunds as may be constituted by the Board withthe approval of the Central Government for thebenefit and welfare of the employee or hisfamily subject to such conditions as may beprescribed from time to time.1 [13-A Recovery of the advances/Loans:The recoveries of all advances/loansshall not exceed 50% of the employee’semoluments.NOTE: The advances/loans means theadvances/loans which are covered underGeneral Financial Rules of the CentralGovernment.[Regulation 13-A incorporated vide GSRNo.39(E) dated 20.1.2005]14 UNAUTHORISED ABSENCE(1) without prejudice to the provisionscontained in any other regulations of theChennai Port Trust, a period of unauthorizedabsence -(i) During a strike which has beendeclared illegal under the provision ofthe Industrial Disputes Act, 1947, orany other law or order of CentralGovernment for the time being in force(ii) As a result of acting incombination or in a concerted manner,such as during strike, without anyauthority from, or valid reason to thesatisfaction of the competent authority(iii) Due to desertion of the post forany reason, including overstayal ofleave / joining time shall be deemed tocause an interruption or break in theservice of the employee, unlessotherwise decided by the competentauthorityEXPLANATION-1 ;For purpose of this Regulation, strikeincludes a general, token sympathetic, sitdown,pen-down stay-in or any similar strike,mass absenteeism from work which is wronglytermed as mass Casual Leave and alsoparticipation in a bandh or any similaractivities, which disrupt official workEXPLANATION-2;Unauthorized absence includesabsence without leave or overstayal of thesanctioned leave for more than tenconsecutive days without insufficient groundsor proper or satisfactory explanation or overstayingof joining time.EXPLANATION-3;In this Regulation ‘competent authority’means the ‘Government or the authorityspecified in Appendix-I.EXPLANATION-4;Interruption or break in service asenvisaged in this Regulation shall entail thefollowing disabilities.(i) No pay and allowances will beadmissible during the period of suchunauthorized absence.(ii) Unless otherwise decided bythe competent authority the pastservice will not count as qualifyingservice for pension and Death-cum-Retirement Gratuity.(iii) In case of Earned Leave, 1/10 thof such period will be deducted fromthe Earned Leave to be credited at thebeginning of the next half year. Thebreak unless decided in the mannerspecified in clause (ii) above will entailforfeiture of past service and lapse ofleave at the credit of the employee(iv) The period will not count forincrement. The date of next incrementwill get postponed to the extent of thenumber of days of unauthorizedabsence but the increment will bedrawn from the first of the month inwhich it falls due after postponement.As far as crossing efficiency bar isconcerned; the disabilities should notstand and in the way of the employee ifhe is otherwise found suitable to crossefficiency bar. Special pay and1 GSR No. 39 (E), dated 20.01.2005 (BR Nos 68, dated 01.09.2003, 63, dated 15.10.2004)5

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001Special allowances should not bewithdrawn on the ground that thisregulation has been invokedNOTE: The condonation of the interruption orbreak in service caused in thecircumstances stated in this regulationby the competent authority will onlyremove the disabilities mentioned inthis regulation, but the employee willneither be entitled for payment of payand allowances for the period norentitled to count the period ofinterruption for pension, gratuity, leaveor increment(v) In the case of ‘Absence duringstrike period’ the principle of ‘no work,no pay’ should not be deviated indealing with illegal strikes except withthe prior approval of the CentralGovernment. The period of illegalstrike will not be treated as duty andshould therefore be treated as ’ diesnon’ for all purposes(2) Notwithstanding the above provisions,a period of unauthorized absence due to strike(legal / illegal) shall be regularised inaccordance with the orders of Governmentissued from time to time15. RESIGNATION FROM SERVICE’(i) An employee who has submitted hisresignation and whose resignation has beenaccepted ceases to be in the employment ofthe Board from the date of his resignation fromthe Port’s service becomes effective and hewill not be entitled to pay and allowances. etc.beyond this date(ii) The authority competent to acceptresignation format of resignation, acceptanceof resignation, withdrawal of resignation, etc.,are specified in Appendix-I.CHAPTER-IVPAY16. (1) The time-scale applicable tothe various categories of posts shall be that asmay be prescribed in the Schedule ofemployees from time to time(2) The pay of an employeeappointed or promoted to a post in the Port’sservice shall be regulated in the time-scale ofpay applicable to the said post, in accordancewith these regulations for fixation of pay.(3) Except in the case of personalpay granted in the circumstances defined inRegulation 4 (19)(i) the pay of an employeeshall not be so increased as to exceed the paysanctioned for his post without the sanction ofan authority competent to create a post in thesame cadre on a rate of pay equal to his paywhen increased.INSTRUCTION: It is not the intention of thissub-regulation to grant to an employee lesspay than is permissible under Regulations 18and 19DECISION: The Regulation does not give thepower to grant pay in excess of what ispermissible under other provision of theseregulation. Thus, it does not enable the grantof an initial pay higher than what is permissibleunder Regulation18. But once an initial pay isfixed under Regulation 18, Regulation 22enables the authority to grant advanceincrement immediately. Thus, in factRegulations 18 and 22 read together enablean authority mentioned in Regulation 22 to fixinitial pay in excess of the amount permissibleby Regulation18.17. In respect of any period treated as dutyunder Regulation 4 (6) (b) an employee maybe granted such pay as the Chairman mayconsider equitable but in no case exceedingthe pay which the employee would have drawnhad he been on duty.18. The initial substantive pay of anemployee who is appointed substantively to apost on a time-scale of pay is regulated asfollows;(1) (i) Where an employee holding apost in a substantive, temporary orofficiating capacity is promoted orappointed in a substantive, temporaryor officiating capacity to another postcarrying duties and responsibilities ofgreater importance than thoseattaching to the post held by him, hisinitial pay in the time scale of thehigher post shall be fixed at the stagenext above the pay notionally arrivedat by increasing his pay in respect ofthe lower post by one increment at thestage at which such pay has accrued;Provided that the amount to beadded to pay in the lower post beforefixing the pay in the higher post shallnot be less than Rs.25/-.Provided further that where anemployee, is immediately before his6

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001be drawn on completion of therequisite qualifying service with effectfrom the date of refixation of pay.(ii) The provisions in (i) above maybe invoked to step up the pay of asenior employee for a second time, incase he happens to draw less pay thanhis junior again, due to stepping up ofpay of the latter with reference to payof persons further junior to him byapplying the above provisions(3) OPTION FOR CHOOSING DATE FORFIXATION OF PAY UNDERREGULATION 18 (1) ONPROMOTION;Under the provisions OF Regulation 18(1), promotion of a junior person to the higherpost, after accrual of his increment in the lowerpost, gives rise to an anomaly in pay of apersons senior to him who though promotedearlier has not drawn at any time pay lass thanthat of his junior in the lower post.In order to remove the aforesaid anomalythe employee may be given an option forfixation of his pay on promotion as under:(a) either his initial pay may befixed in the higher post on the basis ofRegulation 18 (1) straightway withoutany further review on accrual ofincrement in the pay scale of the lowerpost, or(b) his pay on promotion, may befixed initially at the stage of the timescaleof the new post above the pay inthe lower post from which he ispromoted which may be refixed on thebasis of the provisions of Regulation18 (1) on the date of accrual of nextincrement in the scale of pay of thelower postIf the pay is fixed under (b) above, thenext date of increment will fall due oncompletion of 12 months qualifying servicefrom the date pay is refixed on the secondoccasion.Option may be given within one monthof the date of promotion, Option onceexercised, shall be final. However, revisedoption is permissible at the discretion of theChairman provided the date of increment inthe lower post from which promotion is orderedis changed due to anomaly rectification orwhen increment is available in the lower postdue to removal of stagnation in the revisedscale of pay.In the event of an employee refusingpromotion even after the above concessionsbecome available, he would be debarred frompromotion for a period of one year.19. The holder of a post the pay of whichis changed shall be treated as if he weretransferred to a new post on the new pay20.(1) An increment shall ordinarily be drawnas a matter of course unless it is withheld. Anincrement may be withheld for an employee ifhis conduct has not been good or his work hasnot been satisfactory. In ordering thewithholding of an increment, the withholdingauthority shall state the period for which it iswithheld, and whether the postponement shallhave the effect of postponing futureincrements(2) Where an efficiency bar is prescribedin a time scale, the increment next above thebar shall not be given to an employee withoutthe specific sanction of the authorityempowered to withhold increments underRegulation 20 (1) above the relevantdisciplinary rules applicable to the employee orof any other authority whom the Chairman mayby general or special order authorize in thisbehalf.NOTE:(1) On each occasion on which an employee isallowed to pass an efficiency bar whichhad previously been enforced against him,he should come on to the time-scale atsuch stage as the authority competent todeclare the bar removed may fix for him,subject to the pay admissible according tohis length of service(2) A bar applied in a junior time-scale ofservice should not, affect an employee’spay in the senior time-scale, he should bepaid in the latter scale according to thelength of his service, unless his pay insuch scale is itself affected by theoperation of an efficiency bar or by adisciplinary order passed(3) The employee should be informed of thedecision to enforce the bar.(4) The cases of all employees held up at anefficiency bar should be reviewed annually.(5) Once the competent authority hasdetermined the stage at which the employeeconcerned should draw his pay from the date8

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001he is allowed to cross the efficiency bar, thenext “ increment above the stage will accrue tohim, on the usual date of drawal of increment,if otherwise admissible and not after renderingone year’s service21. The following provisions prescribed theconditions on which service counts forincrements in a time-scale:(1) All duty in a post on a time-scalecounts for increments in that time-scale.Provided that, for the purpose ofarriving at the date of the next increment inthat time-scale, the total of all such periods asdo not count for increment in that time-scale,shall be added to the normal date ofincrement.(2) (i) Service in another post, otherthan a post carrying lower pay referredto in clause (1) of Regulation 12,whether in a substantive or officiatingcapacity, service on deputation out ofIndia and leave except extraordinaryleave taken otherwise than on medicalcertificate shall count for increment inthe time-scale applicable to the post orposts, if any on which the employeeholds a lien.(ii) All leave except extraordinaryleave taken otherwise than on medicalcertificate and the period of deputationout of India shall count for increment inthe time-scale, applicable to a post inwhich an employee was officiating atthe time he proceeded on leave ordeputation out of India and would havecontinued to officiate but for hisproceeding on leave or deputation ourof India.Provided that the Chairmanmay, in any case, in which he issatisfied that the extraordinary leavewas taken by the employee due to hisinability to join or rejoin duty or accountof civil commotion or for prosecutinghigher scientific or technical studies,direct that extraordinary leave shall becounted for increment and treated asqualifying service for pension.(3) If an employee, while officiating in apost or holding a temporary post on a timescaleof pay, is appointed to officiate in ahigher temporary post, his officiating ortemporary service in the higher post shall, if heis reappointed to the lower post, or isappointed or reappoint to a post on the sametime-scale of pay, count for increment in thetime-scale applicable to such lower post. Theperiod of officiating service in the higher postwhich counts increment in a lower post is,however, restricted to the period during whichthe employee would have officiated in thelower post but for his appointment to thehigher post. This clause applies also to anemployee who is not actually officiating in thelower post at the time of his appointment to thehigher post, but who would have so officiatedin such lower post or in a post on the sametime-scale of pay had he not been appointedto the higher post.(4) Foreign service counts for incrementsin the time scale applicable to –(i) the post in the Board’s serviceon which the employee concernedholds a lien(ii) the post in the Board’s servicein which the employee was officiatingimmediately before his transfer toforeign service, for so long as he wouldhave continued to officiate in that postor a post on the same time-scale butfor his going on foreign service, and(iii) in the post in which he wouldhave held in an officiating capacityunder the ‘next below rule’(5) Joining time counts for increment.EXPLANATION: for the purposes of thisregulation, the period treated as duty undersub-clause (b) of clause (6) of Regulation 4shall be deemed to be duty in a post if theemployee draws pay of that post during suchperiod.NOTE:(1) In the case of an employee who hasofficiated in a higher post in shortspells on different occasions before heis regularly appointed in that post, thepay and date of increment should firstbe determined by giving the benefit ofpast service first under the proviso toRegulation 18 (2) and then proviso toRegulation 21 (1) applied to postponethe date of increment by spells of nonqualifyingperiods, if any occurringafter regular appointment in the post.(2) The increment of every employeeshould be admitted from the first of themonth in which it falls due, under theoperation of the normal rules / ordersregulating increment.9

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001(3) In the case of employees who arestagnating at the maximum of thescales of pay are eligible for stagnaticincrements at the rate of an incrementwhich brought them to the maximum ofthe scale of pay for every two years ofsuch stagnation. Heads ofdepartments are not eligible forstagnation increment. Terms andconditions for grant of such stagnationincrements shall be decided by theGovernment from time to time.22. Competent authority may grant apremature increment an employee on a timescaleof payNOTE:(1) Future increments after prematureincrement to be regulated in the normalcourse, in the absence of special orders to thecontrary.EXCEPTIONS: The powers under thisregulation should not be invoked to grantpremature increment in the following cases:(i)as reward for meritorious work(ii) in disregard of the normal rulesgoverning fixation of pay except incases of hardship or where thecircumstances are unusual(iii) to take into account themonetary equivalent of certainperquisites allowed, special paydrawn, or deputation allowancegranted in a previous post, for thepurpose of fixing the initial pay onappointment to another post wheresuch monetary benefits are notpermissible.(2) Special increment for undergoingsterilization operation:(A) After 1 [two] surviving children thespecial increment in the form of personalpay, not to be absorbed in future increasesin pay either in the same post or onpromotion to higher post may be grantedto employees who or whose spouseundergo sterilization operation. The rate ofpersonal pay would be equal to theamount of the next increment due at thetime of the grant of the concession and willremain fixed during the entire service. Inthe case of persons drawing pay at themaximum, the rate of personal pay wouldbe equal to the amount of the incrementlast drawn. The grant of the concessionwill be subject to the condition that may belaid down from time to time.An employee holding a lower postregularly and officiating in a higher post onad hoc basis is also entitled for theincentive increment in the scale of the postheld at the time of sterilization operation.[the words ‘two/three’- substituted by word‘two’ vide GSR No.39(E) dated 20.1.2005](B) Even after one child,employees or their spouses who undergosterilization operation after having onechild may also be granted specialincrement. The other conditions laid downremain unchanged.The concession will be admissible only tothose employees or whose spousesundergo the sterilization operation on orafter 4-12-1979.CLARIFICATIONS:Regulation of sterilization increment (PersonalPay) in various circumstances(i) While serving outside the cadre ondeputation / foreign serviceWhen an employee qualifies for thespecial increment while serving outside, thecadre on deputation / foreign service ortransfer, the rate of special increment to begiven in the form of personal pay would bedetermined with reference to employee’sparent grade only, whether he draws his gradepay plus deputation allowance or pay in thescale of the deputation post.. No deputationallowance would be admissible on thepersonal pay. The special increment will beadmissible in addition to the ‘next below rule’benefit.(ii) On reversion from a deputation post /higher postThe employee would continue to drawthe special increment at the same quantum ofhis reversion from a deputation post, or onreversion from a higher official appointment(iii) Significance of the term ‘not to beabsorbed in future increases’.The special increment to be granted inthe shape of personal pay is not to be takeninto account for fixation of pay on promotion.The benefit of personal pay should continue tobe available at the same rate even afterpromotion.1 GSR No. 39 (E), dated 20.01.2005 (BR Nos 68, dated 01.09.2003, 63, dated 15.10.2004)10

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001(iv) When held up at E.B. stage / underreduction.The benefit of special increment wouldbe allowed even if the employee is held up atthe efficiency bar stage of his time-scale.Since the benefit is to be allowed in the shapeof personal pay, the grant of the same shouldnot amount to the crossing of efficiency bar bythe employee concerned.Once the employee gets the benefit ofspecial increment at a particular rate, he wouldcontinue to draw the same even if he isreduced to a lower stage in his time-scale ofpay or reduced to a lower service, grade orpost, by way of penalty under Chennai PortTrust Employees’ (Classification, Control andAppeal) Regulations, 1988.(v)While under suspensionDuring suspension the employeedraws subsistence allowance only. Therewould, therefore, be no question to grant himthe benefit of special increment if he becomesentitled to that when he is placed undersuspension. However, if he qualifies for thebenefit before he is placed under suspension,the personal pay would be taken into accountin the computation of subsistence allowances.(vi)During leaveDuring regular leave, the employee drawsleave salary. Therefore, he would not be giventhe benefit of special increment during theleave period. However, if he qualifies for thebenefit before he proceeds on leave, thespecial increment would be taken into accountin the computation of leave salary.(vii)While under TrainingIf a training for which an employee isdeputed is in the Board’s interest and he getspay and allowances of the post from which heis sent on training, the benefit of personal paywould be admissible.(viii)Effect on cash incentivesThe personal pay would be admissibleover and above the other cash incentives.(ix) Date from which the special incrementis admissibleFor administrative convenience, thebenefit should be allowed from the first of themonth following the date of sterilization.(x)When both husband and wife areBoard’s employees –The personal pay can by drawn beeither the husband or the wife and there is noobjection to the choice being left to them sothat they can choose the higher of the twoincrements available to them.1 GSR No. 39 (E), dated 20.01.2005 (BR Nos 68, dated 01.09.2003, 63, dated 15.10.2004)(xi)Sanctioning AuthorityThe personal pay can be sanctioned by thehead of the department by issue of suitableoffice order after satisfying himself that theconditions prescribed are satisfied.(xii)HysterectomyAs hysterectomy is a purely healthmeasure, it cannot be brought under thepurview of these orders.(xiii)Birth of twinsThe special increment may be allowedin all cases of sterilization where the couplehad twins after the birth of their 1 [first] childrenalthough the number of children becomes1 [three].[the words ‘first two’- substituted by word ‘first’’vide GSR No.39(E) dated 20.1.2005](xiv) Under going second sterilization afterdate of effectPersons who have undergone sterilizationbefore the date of issue of the orders and haveundergone sterilization again after the date ofissue of the orders because the earlieroperation turned out to be a failure will not beeligible for the incentive, as the action forsterilization was initiated prior to the issue ofthe orders.(xv)In case of recanalisationIn case of recanalisaton the specialincrement may be withdrawn from the date ofrecanalisation.(xvi)Minilap operation‘Minilap’ operation is a form of femalesterilization (Tubectomy) and as such theincumbent is eligible for grant of increment asper rules.(xvii)In case of birth of TripletsIf an employee who already has 1 [one]living child gets a triplet (Three children) on thesubsequent delivery and thereafter he / she orhis / her spouse undergoes sterilizationoperation, he / she may be granted incentiveincrement.11

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001[the word ‘two’- substituted by word ‘one’’ videGSR No.39(E) dated 20.1.2005]23. The authority which orders the transferof an employee as a penalty from a higher to alower grade or post may allow him to draw anypay, not exceeding the maximum of the lowergrade or post which it may think proper:Provided that the pay allowed to bedrawn by an employee under this regulationshall not exceed the pay which he would havedrawn by the operation of Regulation 18 readwith sub-regulation (2) or sub-regulation (3) asthe case may be of Regulation 21.CLARIFICATION: Once the pay is fixed in thelower post in the manner indicated above, theregulation of increments in the lower post willbe made under the normal regulations unlessthe increment in the lower post is withheld.24 (1) If an employee is reduced as ameasure of penalty to a lower stage inhis time-scale, the authority orderingsuch reduction shall state the periodfor which it shall be effective andwhether, on restoration, the period ofreduction shall operate to postponefuture increment and, if so, to whatextent.(2) If an employee is reduced as ameasure of penalty to a lower gradeor post to a lower time-scale, theauthority ordering the reduction may,or may not specify, the period forwhich the reduction shall be effective;but where the period is specified, thatauthority shall also state whether, onrestoration, the period of reductionshall operate to postpone futureincrements and if so, to what extent.NOTE: Under sub-regulation (1) of thisregulation reduction to a lower stage in thetime- scale, cannot be ordered as a permanentmeasure. It can be only for a specific period atthe end of which the employee’s pay must berestored depending upon whether the period ofreduction shall be cumulative / non-cumulative.25. Where an order of penalty ofwithholding of increment of an employee or hisreduction to a lower service, grade or post, orto a lower time-scale, or to a lower stage in atime-scale, is set aside or modified by acompetent authority on appeal or review, thepay of the employee shall, notwithstandinganything contained in these regulations, beregulated in the following manner:(a) If the said order is set aside heshall be given for the period such orderhas been in force, the differencebetween the pay to which he wouldhave been entitled had that order notbeen made and the pay he hadactually drawn;(b) If the said order is modified,that shall be regulated as if the orderas so modified had been made in thefirst instance.EXPLANATION: If the pay drawn by anemployee in respect of any period prior to theissue of the orders of the competent authorityunder this regulation is revised the leavesalary and allowances (other than travelingallowance), if any, admissible to him duringthat period shall be revised on the basis ofrevised pay.26. The Chairman may fix the pay of anofficiating employee at an amount less thanthat admissible under these regulations.EXPLANATION:(1) The power conferred under thisregulation is not exercisable save by aspecial order passed in an individualcase and on a consideration of thefacts of the case. A general orderpurporting to oust universally theoperation of the pay fixationregulations is not permissible.(2) This regulation cannot be invoked inrespect of regular cadre promotionswhere the pay has to be fixed underthe relevant regulation.(3) This regulation can be invoked torestrict the increase in pay in a case inwhich an employee is appointed tohold one or more additional posts ortransferred on deputation / foreignservice to another post outside the lineof his promotion or appointed toofficiate in a higher post or any othersimilar case27. The Chairman may issue general orspecial orders allowing acting promotions to bemade in place of employees who are treatedas on duty under Regulation 4 (5) (b).28 Special / Personal Pay(1) The posts on which special pays areadmissible to the employees are specified inthe schedule of employees.12

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001(2) Except when the Chairman ordersotherwise, personal pay shall be reduced byan amount by which the recipient’s pay may beincreased, and shall cease as soon as his payis increased by an amount equal to hispersonal pay.CHAPTER-VALLOWANCES AND OTHERADDITIONS TO PAY29. Grant of Compensatory / SpecialAllowance:(i) The grant of compensatory /special allowance to the employeesshall be so regulated that theallowance is not on the whole a sourceof profit to the recipient(ii) The rates and conditions forthe grant of compensatory allowance /special pay/ special allowance shall besuch as may be prescribed in theschedule of employees from time totime(iii) A compensatory allowanceattached to a post will cease to bedrawn by an employee when hevacated the post30. (1) Dearness Allowance:Dearness Allowance at such rates asmay be prescribed by the Government fromtime to time shall be payable to the employeesin addition to pay. The amount of dearnessallowance shall be adjusted quarterly at theprescribed rate in accordance with the averageincrease in the price index applicable to them.(2) House Rent Allowance:House Rent Allowance at such ratesas may be prescribed by the Government fromtime to time shall be payable to the employeewho are not in occupation of residencesprovided by the Port.(3) Compensatory (City) Allowance :The Compensatory (City) Allowance atsuch rates as may be prescribed by theGovernment from time to time shall be payablein addition to pay.(4) The House Rent and Compensatory(City) Allowance payable under differentcircumstances and the general conditions forthe payment shall be regulated in the manneras in Appendix-3.31. FEES:(1) An employee may be permitted, if thiscan be done without detriment to his officialduties and responsibilities, to perform aspecified service(s) for a private person orbody or for a public body including a bodyadministering a local fund and to receive aremuneration therefore, if the service bematerial, a non-recurring or recurring fee. Thepayment should be from a source other thanBoard’s General Fund Account.(2) No employee may undertake work fora private or public body or a private person, oraccept a fee, therefore, without the sanction ofthe authority as indicated in the delegation ofpowers who, unless the employee is on leaveshall certify that the work can be undertakenwithout detriment to his official duties andresponsibilities.(3) Unless the Chairman otherwisedecides, an employee may retain the full feereceived by him up to a limit of Rs.500. If thefee exceeds the limit, one-third of the feereceived should be credited to the Board’sGeneral Fund Account. Non-recurring andrecurring fee should be dealt with separatelyand should not be added for purpose ofcrediting one-third of the amount in excess ofRs.500. In the case of the former the limit ofRs.500 prescribed should be applied in eachindividual case and in the case of the latter thelimit should be applied with reference to thetotal recurring fee received in that financialyear.NOTE:(1) The above regulation does not apply tofees received by employees fromuniversities and other statutory bodieslike the Institute of Port Management,other Ports and from autonomousbodies which are financed wholly orsubstantially by Government grants /loans for their services connected withthe examination conducted by thebodies or for delivering lectures.(2) The above regulation does not apply tofees received by employees for similarservices from public sectorundertakings / enterprises which arewholly or substantially owned byGovernment even though they are notexamining body.(4) The above regulation does not applyto payments received by employeesfor services rendered for internationalbodies like U.N.O., U.N.S.C.O., etc.13

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 200132. Honoraria:The Chairman may grant or permit anemployee to receive an Honorarium payablefrom Board’s General Fund Account asremuneration for work performed which isoccasional or intermittent in character andeither so laborious or of such special merit asto justify a special reward. Except whenspecial reasons which should be recorded inwriting, exist for a departure from thisprovision, sanction to the grant of acceptanceof an Honorarium should not be given unlessthe work has been undertaken with the priorconsent of the Chairman and its amount hasbeen settled in advance.NOTE:(1) It should be recorded in writing that thenature of special work is such that itcannot be done without the grant of extraremuneration which is justified.(2) Honorarium may also be granted to nonofficialsfor work done or service renderedby them with the prior consent of theChairman on terms, conditions andamount settled in advance.33. FEES AND HONORARIA:In the case of both Fees andHonoraria the sanctioning authority shallrecord in writing that due regard has been paidto the general principle enunciated inRegulation 6 and shall record also the reasonswhich in his opinion justify the grant of theextra remuneration.The Chairman may make rulesprescribing the conditions and limits subject towhich the authorities subordinate to him maysanction the grant or acceptance of Honoraria,and the acceptance of Fees.34. An employee is eligible to receive and,except as otherwise provided by a general orspecial order or the Chairman, to retain withoutspecial permission,(a) the premium awarded for anyessay or plan in public competition;(b) any reward offered for thearrest of criminals or for information orspecial service in connection with theadministration of justice(c) any reward in accordance withthe provisions of any act or regulationrules framed thereunder(d) any award sanctioned forservices in connection with theadministration of the customs andexcise laws; and(e) any fees payable to anemployee for duties which he isrequired to perform in his officialcapacity under any special or local lawor by order of Government35. An employee whose duties involve thecarrying out of scientific or technical researchshall not apply for or obtain, cause or permitany other person to apply for or obtain a patentfor an invention made by such employeessave with the permission of the CentralGovernment and in accordance with suchconditions as the Central Government anyimpose.CHAPTER – VICOMBINATION OF APPOINTMENTS36. The Chairman may appoint anemployee already holding a post in asubstantive or officiating capacity to officiate,as a temporary measure, in one or more ofother independent posts at one time, under theBoard, provided that no such appointment :-(1) of an employee referred to in clause(a) of sub-section (1) of section 24 of the MajorPort Trust Act, 1963 or(2) to a post referred to in the clause asaforesaid shall be made except with the priorapproval of the Central Government. In suchcases the employee’s pay is regulated asfollows :(i) Where an employee is formallyappointed to hold full charge of theduties of a higher post in the sameoffice as his own and in the samecadre / line of promotion, in addition tohis ordinary duties, he shall be allowedthe pay admissible to him in the higherpost, unless the Chairman reduces hisofficiating pay under Regulation 26 butno additional pay shall, however, beallowed for performing the duties of alower post(ii) Where an employee is formallyappointed to hold dual charges of twoposts in the same cadre in the sameoffice carrying identical scales of pay,no additional pay shall be admissibleirrespective of the period of dualcharge14

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001Provided that if the employee isappointed to an additional post whichcarries a special pay, he shall beallowed such special pay,(iii) Where an employee is formallyappointed to hold charge of anotherpost or posts which is or are not in thesame office, or which, though in thesame office, is or are not in the samecadre / line of promotion, he shall beallowed the pay of the higher post, orof the higher post, if he holds charge ofmore than two posts, in addition to tenpercent of the presumptive pay of theadditional post or posts, if theadditional charge is held for a periodexceeding 39 days but not exceeding3 monthsProvided that if in anyparticular case it is considerednecessary that the employee shouldhold charge of another post or postsfor a period exceeding 3 months, theconcurrence of the Government wherethe appointing authority is theGovernment or the Chairman in othercases shall be obtained for payment ofthe additional pay beyond the period of3 months;(iv) Where an officer is formallyappointed to hold full additional chargeof another post, the aggregate of payand additional pay shall in no caseexceed Rs.8,000/-(v) No additional pay shall beadmissible to an employee who isappointed to hold current charge of theroutine duties of another post or postsirrespective of the duration of theadditional charge(vi) If compensatory allowance isattached to one or more of the poststhe employee shall draw suchcompensatory allowances as theChairman may fixProvided that such allowanceshall not exceed the total of thecompensatory allowances attached toall the posts.CHAPTER – VIIDEPUTATION OUT OF INDIA37. No deputation of an employee out ofIndia shall be sanctioned without the previousapproval of the Central government38. (1) When an employee is, withproper sanction, temporarily deputed for dutyout of India either in connection with the postheld by him / her or in connection with anyspecial duty on which he / she may temporarilybe placed, including Training under variousfinancially aided schemes, he / she may beallowed by the Chairman to draw during theperiod of deputation, the same pay which he /she would have drawn had he / she remainedon duty in the Port.(2) An employee on deputationmay also be granted a compensatoryallowance in foreign country of such amountas the Government may decide.(3) The foreign exchangeequivalent of pay or compensatory allowanceadmissible under sub-regulations (1) and (2)shall be calculated at such rate of exchange asthe Government may by order prescribe.(4) The terms and conditionsgoverning such deputation are specified inAppendix-IV.CHAPETER – VIIIDISMISSAL, REMOVAL AND SUSPENSION39. The pay and allowances of anemployee who is dismissed or removed fromservice cease from the date of such dismissalor removal.40. (1) An employee undersuspension (or deemed to have been placedunder suspension) by an order of theappointing authority shall be entitled to thefollowing payments, namely:-(i) in the case of an employee :-(a) a subsistence allowance at anamount equal to the leave salary,which the employee would have drawnif he had been on leave on half payand in addition, dearness allowance, ifadmissible on the basis of such leavesalary;Provided that where the periodof suspension exceeds three monthsthe authority which made or is deemedto have made the order of suspensionshall be competent to vary the amountof subsistence allowance for any15

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001period subsequent to the period of thefirst three months as follows:-(i) the amount of subsistenceallowance may be increased by asuitable amount, not exceeding 50percent of the subsistenceallowance admissible during theperiod of the first three months if,in the opinion of the said authority,the period of suspension has beenprolonged for reasons to berecorded in writing, not directlyattributable to the employee;(ii) the amount of subsistenceallowance, may be reduced by asuitable amount, not exceeding 50percent of the subsistenceallowance admissible during theperiod of the first three months if,in the opinion of the said authority,the period of suspension has beenprolonged due to reasons, to berecorded in writing, directlyattributable to the employee;(iii) the rate dearness allowancewill be based on the increased or,as the case may be, thedecreased amount of subsistenceallowance admissible under subclause(i) and (ii) above.(b) Any other compensatoryallowances admissible from time totime on the basis of pay of which theemployee was in receipt on the date ofsuspension subject to the fulfillment ofother conditions laid down for thedrawal of such allowances.(2) No payment under sub-regulation (1)shall be made unless the employee furnisheda certificate that he is not engaged in any otheremployment, business, profession or vocation:Provided that in the case of anemployee dismissed, removed or compulsoryretired from service, who is deemed to havebeen placed or to continue to be undersuspension from the date of such dismissal orremoval or compulsory retirement, under subregulation(4) or sub-regulation (5) ofRegulation 7 of the “Chennai Port TrustEmployees’ (Classification, Control andAppeal_ Regulations, 1988” and who fails toproduce such a certificate for any period orperiods during which he is deemed to beplaced or to continue to be under suspension,he shall be entitled to the subsistenceallowance and other allowances equal to theamount b which his earning during such periodor periods, as the case may be, fall short of theamount, of subsistence allowances and otherallowances that would otherwise be admissibleto him where the subsistence allowance andother allowances admissible to him are equalto or less than the amount earned by him,nothing in this proviso shall apply to him.(1) CLARIFICATIONS:SUBSISTENCE ALLOWANCE(a) Initial Grant – An employee undersuspension is entitled to subsistence and otherallowances from the date and during theperiod of suspension under the provisions ofthis Regulation.Payment of each claim for subsistenceand compensatory allowance should besupported by a certificate by the employeeconcerned to the effect that he was notengaged in any employment, business,profession or vocation, during the period towhich the claim relates.The subsistence allowance shall notbe denied on any ground unless an employeeis unable to / does not furnish a certificate thathe is not engaged in any other employment,business, profession or vocation, during theperiod of suspension.(b) FIRST REVIEW – First review of thesubsistence allowances should be made at theend of three months from the date ofsuspension as this would also give anopportunity to the concerned authority toreview no merely the subsistence allowancebut also the substantive question ofsuspension.It is obligatory under this regulationthat in sufficient time before the expire of thefirst three months of suspension, thecompetent authority should review each casein which the period of suspension is likely toexceed three months and even if it comes tothe conclusion that the rate is not to be alteredhaving regard to all the circumstances of thecase, specific orders to that effect are to bepassed placing on the record thecircumstances under which the decision had tobe taken.(c) SECOND OR SUBSEQUENTREVIEW – Though this regulation does notspecifically provide for a second or subsequentreview, there is no objection to such review (s)being made by the competent authority. Such16

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001authority shall be competent to pass orders toincrease or decrease the rate of subsistenceallowance initially granted, according to thecircumstances of each case. A second orsubsequent review can be made at any time atthe discretion of the competent authorityIt is permissible to reduce the amountof subsistence allowance once increased onthe basis of the first review upto fifty percent ofthe amount of the subsistence allowanceinitially granted, if the period of suspension hasbeen prolonged for reasons directlyattributable to the employee, i.e. by hisadopting dilatory tactics.Similarly, in a case where the amountof subsistence allowance has been reducedafter the first review, the same can beincreased upto fifty percent of amount initiallygranted, if the period of suspension has beenprolonged for reasons not directly attributablele to the employee and the employee hasgiven up dilatory tactics.(d) RETROSPECTIVE REVISION – It isconsidered not advisable that any ordersrevising the subsistence allowances should begiven retrospective effect. However, in casean order for variation of subsistence allowanceunder Regulation 40 is passed by thecompetent (disciplinary or appellate) authorityafter quite some time from the expire of therequisite three months and that authority issatisfied that the variation has got to be giveretrospective effect for reasons to be recordedin writing and orders accordingly, the samewould be valid and binding on all concerned.(e) DEEMED SUSPENSION AND LAWOF LIMITATION - An employee in whosecase the order of suspension is deemed tohave been continued in force or who isdeemed to have been placed undersuspension from the date of original order ofdismissal / removal/ compulsory retirementfrom service under Regulation 7 (4) or 7 (5) ofthe Chennai Port Trust Employees’(Classification, Control and Appeal)Regulation, 1988 is to be paid subsistence andother allowances under Regulation 40 withretrospective effect from the date of order ofsuch dismissal / removal / compulsoryretirement.It is not necessary to invoke the law oflimitation while paying the arrears ofsubsistence allowance and other allowances insuch a case.(f) RESIGNATION DURINGSUSPENSION – If an employee who is undersuspension submits his resignation, thecompetent authority should examine withreference to the merits of the disciplinary caseagainst him whether it would be in the Board’sinterest to accept the resignation. Normally anemployee is placed under suspension only incases of grave delinquency and it would not becorrect to accept resignation of an employeeunder suspension.Exceptions may be made only in thecases in which –(i) the alleged offence do not involve moralturpitude or(ii) the quantum of evidence against theaccused employee is not strong enough tojustify the assumption that if thedepartmental proceedings were continued,the employee would be removed ordismissed from service, or(iii) the departmental proceedings are likely tobe protracted that it would be cheaper tothe Board to accept the resignation.Where, however, the acceptance ofresignation is considered necessary in theBoard’s interest, the resignation may beaccepted with the prior approval of thecompetent authority.(g) RETIREMENT DURINGSUSPENSION – Though under retirementRegulations / voluntary Retirement Scheme, itis open to an employee to retire from service inhis own accord after giving notice, it has beenprovided that in such cases it shall be open tothe appropriate authority to withholdpermission to an employee under suspensionwho seeks to retire under this sub-clause.(h) RETIREMENT OF EMPLOYEEUNDER SUSPENSION – An employee undersuspension shall be retired from service on thedate of attaining the age of superannuation.During the period commencing from the dateof retirement to the date on which the inquiry isconcluded and final orders are passed by thecompetent authority he shall be paid aprovisional pension not exceeding themaximum pension to which he would beentitled based on his qualifying service uptothe date of placing him under suspension. Nogratuity shall be paid until the conclusion of thedepartmental or judicial proceedings and issueof final order thereon.17

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001(1) Revision of scale of pay undersuspension –(i) Cases in which the revisedscale of pay takes effect from a dateprior to the date of suspension, theemployee will be entitled to the benefitof increase in pay if any, in respect ofthe duty period before suspension andalso in the subsistence allowance, forthe period of suspension.(ii) Cases in which the revisedscale of pay takes effect from a datefollowing within the period ofsuspension the benefit will accrue tothe employee in respect of period ofsuspension, only after hisreinstatement depending on the factwhether the period of suspension istreated as duty or not.(2) Recoveries from subsistence allowance– The permissible deductions fall asunder –(a) Compulsory deductions – Therecovery of the following deductionsshould be enforced from the subsistenceallowance :(i) Income tax (Provided theemployee’ yearly incomecalculated with reference to thesubsistence allowance is taxable).(ii)(iii)(iv)House rent and allied charges, i.e.,electricity, water, furniture, etc.Rent free quarters concession willcease from the date ofsuspension.An employee will not be requiredto vacate rent free accommodationunless the accommodation isspecifically attached to anyparticular post, however, from thedate of suspension house rent willbe recovered from him on theassumption that he was not inoccupation of rent free quarters.(v) Rent due in respect of anemployee occupying quarters willbe recovered on the basis ofsubsistence allowance.(vi)Repayment of loans and advancestaken from the Board at such ratesas the Head of the Departmentdeems it right to fix.(vii) Subscription to following specialfunds :-(a)(b)Chennai Port Trust Employees’House Building AdvanceSpecial Family Benefit Fund.Chennai Port Trust Employee’s(Contributory Loss in WagesCompensation) Fund.(c) Chennai Port Trust FamilySecurity Fund.(b) Optimal Deductions – Therecovery of the following deductionsshould not be made except with theemployee’s written consent:(c) Non-deductions – Thedeductions of the following nature shouldnot be made from the subsistenceallowance:(i) Subscription to a Provident Fund.(ii) Amounts due on Court Attachments.(iii) Recovery of loss to Board for whichan employee is responsible.(d) As regards the recovery ofover-payment, the competentadministrative authority will exercisediscretion to decide whether therecovery should be held wholly inabeyance or it should be effected at arate not exceeding one-third of thesubsistence allowance only, i.e.,excluding dearness allowance and othercompensatory allowances.(3) Change of Headquarters – An employeeunder suspension is regarded as subjectto all other conditions of serviceapplicable generally to Board’semployee and cannot leave his place ofduty.(4) Attending office during suspension –During the period of suspension adirection to the employee to attend officeand mark attendance daily duringworking hours is irregular.(5) Where an employee is due to bedischarged from service on account ofexpiry of the sanction of the post heldby, or otherwise become liable to beretrenched when he is undersuspension, the question whether heshould be so discharged, or whether, toenable disciplinary proceedings beingcontinued, special steps should be taken18

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001to provide a post for him should beexamined on the merits of each case,and his post extended for an appropriateperiod. In these circumstances, thevacant caused by the extension shouldnot, however, be filled.41. (1) When an employee has beendismissed, removed or compulsorily retied isreinstated as a result of appeal or review orwould have been so reinstated (but for hisreinstatement on superannuation while undersuspension or not), the authority competent toorder reinstatement shall consider and make aspecific order:(i) regarding the pay andallowances to be paid to the employeefor the period of his absence from dutyincluding the period of suspensionpreceding his dismissal, removal orcompulsory retirement, as the casemay be ; and(ii) whether or not the said periodshall be treated as period spent onduty.(2) Where the authority competentto order reinstatement is of opinion that theemployee who had been dismissed, removedor compulsorily retired has been fullyexonerated, the employee shall, subject to theprovision of sub-regulation (6) be paid the fullpay and allowances ;to which he would havebeen entitled’, had he not been dismissed,removed or compulsorily retired or suspendedprior to such dismissal, removal or compulsoryretirement, as the case may be.Provided that where such authority is ofopinion that the termination of the proceedingsinstituted against the employee had beendelayed due to reasons directly attributable tothe employee it may, after giving him anopportunity to make his representation withinsixty days from the date on which thecommunication in this regard is served on him,after considering the representation if any,submitted by the employee direct, for reasonsto be recorded in writing, that the employeeshall, subject to the provisions of subregulation(7), be paid for the period of suchdelay, only such amount (not being the whole)of such pay and allowances it may determine.NOTE – The expression ‘ to which he wouldhave been entitled’ occurring in sub-regulation(2) would imply only the pay and allowances inrespect of the post held by the employeesbefore suspension(3) In a case falling under subregulation(2), the period of absence from dutyincluding the period of suspension precedingdismissal, removal or compulsory retirement,as the case may be, shall be treated as aperiod spent on duty for all purposes.(4) In cases other than thosecovered by sub-regulation (2), the employeeshall, subject to the provisions of subregulation(6) and (7) be paid such amount(not being the whole) of the pay andallowances to which he would have beenentitled, had he not been dismissed, removedor compulsorily retired or suspended prior tosuch dismissal, removal or compulsoryretirement, as the case may be, as thecompetent authority may determine, aftergiving notice to the employee of the quantumproposed and after considering therepresentation, if any, submitted by him in thatconnection within such period (which in nocase shall exceed sixty days from the date onwhich the notice has been served) as may bespecified in the notice.(5) In a case falling under subregulation(4), the period of absence from dutyincluding the period of suspension precedinghis dismissal, removal or compulsoryretirement, as the case may be, shall not betreated as a period spent on duty, unless thecompetent authority specifically direct that itshall be treated so, for any specified purpose.Provided that if the employee so desires suchauthority may direct that the period of absencefrom duty including the period of suspensionpreceding his dismissal, removal orcompulsory retirement, as the case may be,shall be converted into leave of any kind dueand admissible to the employee.NOTE: The order of the competent authorityunder the preceding proviso shall be absoluteand no higher sanction shall be necessary forthe grant of –(i) extraordinary leave in excessof three months in the case oftemporary employee, and(ii) leave of any kind in excess offive years in the case of permanentemployee.(6) The payment of allowancesunder sub-regulation (2) or sub-regulation (4)shall be subject to all other conditions underwhich such allowances are admissible.19

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001(7) The amount determined underthe proviso to sub-regulation (2) or under subregulation(4) shall not be less than thesubsistence allowance and other allowancesadmissible under Regulation 40.(8) Any payment made under thisRegulation to an employee on hisreinstatement shall be subject to adjustment ofthe amount, if any, earned by him, through anemployment during the period between thedate of removal, dismissal or compulsoryretirement, as the case may be, and the dateof reinstatement. Where the emolumentsadmissible under this regulation are equal to orless than the amounts earned during theemployment elsewhere, nothing shall be paidto the directions, if any, of the court.42 (1) Where the dismissal, removal orcompulsory retirement of an employee is setaside by a Court of Law and such anemployee is reinstated without holding anyfurther inquiry, the period of absence from dutyshall be regularized and the employee shall bepaid pay and allowances in accordance withthe provision of sub-regulation (2) subject tothe directions, if any, of the court.(2) Where the dismissal, removal orcompulsory retirement of an employee is setaside by the Court solely on the ground of noncompliancewith the requirements of ‘Clause(1) or Clause (2) of Article 311 of theConstitution and where he is not exoneratedon merits, the employee shall, subject to theprovisions of sub-regulation (7) of Regulation41, be paid such amount (not being the whole)of the pay and allowances to which he wouldhave been entitled had he not been dismissed,removed or compulsorily retired, or suspendedprior to such dismissal; removal or compulsoryretirement, as the case may be, as thecompetent authority may determine, aftergiving notice to the employee of the quantumproposed and after considering therepresentation of any, submitted by him, in thatconnection within such period (which proposedand after considering the representation if any,submitted by him, in that connection withinsuch period (which in no case shall exceedsixty days from the date on which the noticehas been served) as may be specified in thenotice.(ii) The period interveningbetween the date of dismissal, removal orcompulsory retirement including the period ofsuspension preceding such dismissal, removalor compulsory retirement, as the case may be,and the date of judgement of the Court shallbe regularized in accordance with theprovisions contained in sub-regulation (5) ofRegulation 41.(3) If the dismissal, removal orcompulsory retirement of an employee is setaside by the Court on the merits of the case,the period intervening between the date ofdismissal, removal or compulsory retirementincluding the period of suspension precedingsuch dismissal, removal or compulsoryretirement, as the case may be, and the dateof reinstatement shall be treated as duty for allpurposes and he shall be paid the full pay andallowances for the period, to which he wouldhave been entitled, had he not beendismissed, removed or compulsorily retired orsuspended prior to such dismissal, removal orcompulsory retirement, as the case may be.(4) The payment allowances under subregulation(2) or sub-regulation (3) shall besubject to all other conditions under whichsuch allowances are admissible.(5) Any payment made under thisregulation to an employee on his reinstatementshall be subject to ‘adjustment of the amount,if any, earned by him, earned by him throughan employment during the period between thedate of dismissal, removal or compulsoryretirement and the date of reinstatement.Where the emoluments admissible under thisregulation are equal to or less than thoseearned during the employment elsewhere,nothing shall be paid to the employee.43. (1) When an employee who has beensuspended is reinstated or would have beenso reinstated but for his retirement (includingpremature retirement) while under suspension,the authority competent to order reinstatementshall consider and make a specific order –(i) regarding the pay andallowances to be paid to the employeefor the period of suspension endingwith reinstatement or the date ofhis retirement (including prematureretirement), as the case may be : and(ii) whether or not the said periodshall be treated as a period spent onduty.(2) Notwithstanding anything containedin Regulation 41 where an employee undersuspension dies before the disciplinary or theCourt proceedings instituted against him areconcluded, the period between the date ofsuspensions and the date of death shall be20

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001treated as duty for all purposes and his familyshall be paid the full pay and allowances forthat period to which he would have beenentitled had he not been suspended, subjectto adjustment in respect of subsistenceallowance already paid.(3) Where the authority competent toorder reinstatement is of the opinion that thesuspension was wholly unjustified, theemployee shall, subject to the provision of subregulation(8)be paid the full pay andallowances to which he would have beenentitled, had he not been suspended:Provided that where such authority is of theopinion that the termination of the proceedingsinstituted against the employee had beendelayed due to reasons directly attributable tothe employee, it may, after giving him anopportunity to make his representation withinsixty days from the date on which thecommunication in this regard is served on himand after considering the representation, if anysubmitted by him direct, for reasons to berecorded in writing, that the employee shall bepaid for the period of such delay only suchamount (not being the whole) of such pay andallowances as it may determine.(4) In a case falling under subregulation(3)the period of suspension shall betreated as a period spent on duty for allpurposes.(5) In cases other than those fallingunder sub-regulations (2) and (3) theemployee shall, subject to the provisions ofsub-regulations (8) and (9) to be paid suchamount (not being the whole ) of the pay andallowances to which he would have beenentitled, had he not been suspended, as thecompetent authority may determine, aftergiving notice to the employee of the quantumproposed and after considering therepresentation, if any, submitted by him in thatconnection within such period (which in nocase shall exceed sixty days from the date onwhich the notice has been served ) as may bespecified in the notice.(6) Where suspension is revokedpending finalisation of the disciplinary or thecourt proceedings, any order passed undersub-regulation (1) before the conclusion of theproceedings against the employee shall bereviewed on its own motion after theconclusion of the proceedings by the authoritymentioned in sub-regulation (1) who shallmake an order according to the provision ofsub-regulation (3) or sub0regulatin (5), as thecase may be.(7) In a case falling under subregulation(5),the period of suspension shallnot be treated as a period spent on dutyunless the competent authority specificallydirects that it shall be so treated for anyspecified purpose.Provided that if the employee sodesires such authority may order that theperiod of suspension shall be converted intoleave of any kind due and admissible to theemployee.NOTE: The order of the competent authorityunder the preceding proviso shall be absoluteand no higher sanction shall be necessary forthe grant of –(a) extraordinary leave in excessof three months in the case oftemporary employee; and(b) leave of any kind in excess offive years in the case of permanentemployee.(8) The payment of allowances undersub-regulation (2), sub-regulation(3) or subregulation(5)shall be subject to all otherconditions under which such allowances areadmissible.(9) The amount determined under theproviso to sub-regulation (3) or under subregulation(5) shall not be less than thesubsistence allowance and other allowanceadmissible under Regulation 40CLARIFICATIONS:(1) Regulation 41 Absolute: Regulation41 is absolute and unconditional, and it couldnot be absolute if the condition of lien had firstto be satisfied. Therefore, the period ofunemployment between the dates of dismissaland reinstatement should count for leave orincrement.(2) When suspension regulated as leave,consequential recovery inescapable – Wherethe period of suspension is ordered to betreated as one spent on leave, includingextraordinary leave, if it is found that the totalamount of subsistence and compensatoryallowances that an employee received duringthe period of suspension exceeds the amountof leave salary and allowances admissible, theexcess will have to the refunded / recovered.(3) Treatment of period of absence andpayment thereof -21

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001(a) The decision of the competentauthority under Regulations 41, 42 and43 is in respect of two separate andindependent matters, viz,(i) pay and allowances for theperiod of absence; and(ii)whether or not the period ofabsence should be treated asduty(b) It is not necessary that thedecision on 3 (a) (i) above shoulddepend upon the decision on 3 (a) (ii)above.(c) The competent authority hasthe discretion to pay the proportionatepay and allowances and treat theperiod as duty for any specifiedpurpose (s) or only to pay theproportionate pay and allowances. Ithas no discretion to pay full pay andallowances when the period is treatedas “non-duty”.(d) “If no order is passed directingthat the period of absence be treatedas duty for any specified purpose thatperiod of absence should be treated as“non-duty”. In such an event, the pastservice ,i.e., service rendered beforedismissal, removal, compulsoryretirement or suspension will not beforfeited,(e) As Regulation 41 is absolute,the law of limitation restricting paymentof arrears of subsistence allowancesonly for a period of three years incertain circumstances need notinvoked at the time of paying thearrears of pay and allowances for theperiod from the date of dismissal /removal / compulsory retirement /suspension to the date ofreinstatement in respect of all caseswhere the pay and allowances areregulated on reinstatement inaccordance with the provisionscontained in Regulations 41.42 and 43.(4) Regulation of Pay on reinstatementon grounds of equity or court judgment etc.-(a) Regulation 41 is inapplicable incases where dismissal / removal /discharge from or termination ofservice is held by a court of law or byan appellate reviewing authority tohave been without following theprocedure required under Article 311of the Constitution.In such cases(i) If it is decided to hold a furtherenquiry and thus deem theemployee to have been placedunder suspension from the date ofdismissal / removal / discharge /termination under the Regulation 7(4) or 7 (5) of the “Chennai PortTrust Employees’ (Classification,Control and Appeal) Regulation,1988” the employee will be paidthe subsistence allowances fromthe date he is deemed to havebeen placed under suspension;(ii) If the employee is not ‘deemed’ tohave been under suspension asenvisaged under 4 (a) (i) above,the payment of full pay andallowance for the interveningperiod and treatment of that periodas duty for all purpose will beautomatic and compulsory,provided that where the reinstatedemployee has securedemployment during any periodbetween the dismissal / removaldischarge / termination andreinstatement, the pay andallowances admissible to him afterreinstatement for the interveningperiod shall be reduced by theemoluments earned by him duringsuch employment if such pay andallowances exceed suchemoluments. If the pay andallowances admissible to him areequal to or less that theemoluments earned by himnothing shall be paid to him:Provided that the amount to be paid under 4(a) (i) and 4 (a) (ii) above will be determinedsubject to the directions, if any, in the decreeof the court regarding arrears of salary.(b) As the termination of service of anemployee without following the procedure laiddown in the “Chennai Port Trust Employees’(Classification, Control and Appeal)Regulations, 1988” or the terms of hisappointment, etc., results in the payment ofarrears by way of pay and allowances, the need for meticulously observing the “properProcedure” in such cases is once againimpressed on all concerned.22

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001(c) In all cases where thecircumstances leading to en employee’sreinstatement reveal that the authority whichterminated his services, either willfully did notobserve, or through gross negligence failed toobserve the “proper procedure” as explainedabove, before terminating his service,proceedings should be instituted against suchauthority under Regulation 14 of the “ChennaiPort Trust Employees’ (Classification, Controland Appeal) Regulations, 1988” and thequestion of recovering from such authority thewhole or part of the pecuniary loss arising fromthe reinstatement of the employee should beconsidered.(5) Regularizing of suspension duringcriminal proceedings, arrest of detention - Thecases of suspension during pendency ofcriminal proceedings or proceedings for arrestfor debt or during detention under a lawproviding for preventive detention, shall bedealt with, in the following manner hereafter –(i) An employee who is detained incustody under any law providingfor preventive detention or asresult of a proceeding either on acriminal charge or for his arrest fordebt shall, if the period ofdetention exceeds 48 hours andunless he is already undersuspension, be deemed to beunder suspension from the date ofdetention until further orders ascontemplated in the “Chennai PortTrust Employees’ (Classification,Control and appeal ) Regulations,1988”. An employee who isundergoing a sentence forimprisonment shall also be dealtwith in the same manner pendinga decision on the disciplinaryaction to be taken against him.(ii) An employee against whom aproceeding has been taken on acriminal charge but who is notactually detained in custody (e.g. aperson released on bail) may beplaced under suspension by anorder of the competent authorityunder the “Chennai Port TrustEmployees’ (Classification, Controland Appeal) Regulations, 1988”. Ifthe charge is connection with theofficial position of the employee orinvolving any moral turpitude onhis part, suspension shall beordered under this regulations(iii)unless there are exceptionalreasons for not adopting thiscourse.An employee against whom aproceeding has been taken for hisarrest for debt but who is notactually detained in custody maybe placed under suspension by anorder under the “Chennai PortTrust Employees’ (Classification,Control and Appeal) Regulations,1988” i.e., only if a disciplinaryproceeding against his iscontemplated.(iv) When an employee who isdeemed to be under suspension inthe circumstances mentioned inclause (i) or who is suspended inthe circumstances mentioned inclause (ii) is reinstated withouttaking disciplinary proceedingsagainst him, his pay andallowances for the period ofsuspension will be regulated underRegulation 43, i.e. in the event ofhis being acquitted of blame (if theproceeding taken against him wasfor his arrest for debt) or its beingproved that his liability arose fromcircumstances beyond his controlor the detention being held by anycompetent authority or to bewholly unjustified, the case may bedealt with under Regulation 43 (3),otherwise it may be dealt withunder proviso to Regulation 43 (3).(6) Erroneous detention or detentionwithout basis - In the case of an employeewho was deemed to have been placed undersuspension, due to his detention in policecustody erroneously or without basis andthereafter released without any prosecutionhaving been launched, the competent authorityshould apply its mind at the time of revocationof the suspension and reinstatement of theemployee and if he comes to the conclusionthat the suspension was wholly unjustified, fullpay and allowances may be allowed.(7) Period of suspension to be treatedas duty if minor penalty only is imposed – Anemployee could be placed under suspension ifa prima facie case made out justifying hisprosecution or disciplinary proceedings whichare likely to end in his dismissal, removal orcompulsory retirement, i.e., suspension shouldbe resorted to only in those cases where a23

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001major penalty is likely to be imposed onconclusion of the proceedings and not a minorpenalty. Where departmental proceedingsagainst a suspended employee for impositionof a major penalty finally end with theimposition of a minor penalty, the suspensioncan be said to be wholly unjustified in terms ofRegulation 43 and the employee concernedshould, therefore, be paid full pay andallowances for the period of suspension bypassing a suitable order under Regulation 43.(8) Grant of leave under suspension –Leave may not be granted to an employeeunder suspension.CHAPTER –IXLEAVE44. The entitlement to leave, leave salaryand other conditions therefore to employeesare regulated in accordance with the ‘ ChennaiPort Trust (Leave) Regulation, 1987 asamended from time to time.CHAPTER – XRETIREMENT45. The terms and conditions of retirementof employees from the Trust’s service areregulated under the provisions of the ChennaiPort Trust Employees’ (Retirement)Regulation, 1976 as amended from time totime.CHAPTER – XIJOINING TIME46. (1) Joining time shall be granted to anemployee on transfer in Board’s interest toenable him to join the new post either at thesame or a new station. No joining time isadmissible in cases of temporary transfer for aperiod not exceeding 180 days. Only theactual transit time, as admissible in case ofjourneys on tour, may be allowed.(2) (i) The joining time shallcommence from the date ofrelinquishment of charge of the oldpost if the charge is made over in theforenoon or the flowing date if thecharge is made over in the afternoon.(ii) The joining time shall becalculated from old headquarters in allcases.(iii) Not more than only day’sjoining time shall be allowed to anemployee to join a new post within thesame station or which does not involvea change of residence from one stationto another station. For this purpose,the term ‘same station’ will beinterpreted to mean the area fallingwithin the jurisdiction of themunicipality or corporation includingsuch of suburban municipalities,notified areas of cantonments as arecontiguous to the named municipality,etc.(iv) In cases involving transfer fromone station to another and alsoinvolving change of residence, theemployee shall be allowed joining timewith reference to the distance betweenthe old headquarters and newheadquarters by direct route andordinary mode(s) of travel as indicatedin the normal joining time may bedeemed to have been extended tocover such holiday(s).Distance betweenthe oldheadquarters andthe newheadquartersJoiningtimeadmissibleJoiningtimeadmissiblewhere thetransfernecessarilyinvolvescontinuoustravel byroad formore than200 kms.(1) (2) (3)1000 km or less 10 days 12 daysMore than 1000 km 12 days 15 daysMore than 2000 km15 daysexcept incases oftravel byair forwhich themaximumwill be 12days15 daysNOTE: (i) Distance means actualdistance and not weighed mileage forwhich fare is charged by the Railwaysin certain ghat / hill sections.(ii) Extension of joining timebeyond the limits can be granted uptothe maximum limit of 30 days by theHead of Department / DeputyChairman and beyond 30 days by theChairman, the guiding principle being24

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001that the total period of joining timeshould be approximately equal to 8days for preparation PLUS reasonabletransit time PLUS holidays, if any,following the extended joining time.While computing the transit time,allowance could be made for the timeunavoidably spent due to disruption oftransport arrangements caused bystrike or natural calamities, or theperiod spent awaiting the departure ofthe steamer.(3) An employee on joining time shallbe regarded as on duty during that period andshall be entitled to be paid joining time payequal to the pay which was drawn beforerelinquishment of charge in the old post. Hewill also be entitled to Dearness Allowance, ifany, appropriate to the joining time pay. Inaddition, he can also draw compensatoryallowances shall not be allowed conveyanceallowance or permanent travelling allowance.(4) (i) When an employee joins a newpost without availing full joining time byreasons that –(a) he is ordered to join the newpost at a new place of posting withoutavailing of full joining time to which he isentitled; or(b) he proceeds alone to the newplace of posting and joins the post withoutavailing full joining time and takes hisfamily later within the permissible period oftime for claiming travelling allowance forthe family the number of day of joiningtime admissible under sub-regulation (3)subject to a maximum of 15 days reducedby the number of days of joining timeactually availed shall be credited to hisleave account as earned leave subject toceiling of 240 days as laid down in theChennai Port Trust (Leave) Regulations,1987.(ii) Joining time may be combinedwith vacation and / or regular leave of any kindor duration except casual leave.(5) An employee who does not joinhis post within his joining time is entitled to nopay or leave salary after the end of the joiningtime. Wilful absence from duty after the expiryof joining time may be treated as misbehaviourfor the purpose of Regulation 14.(6) A person in employment other thanport service or on leave granted from suchemployment, if in the interest of Board isappointed to a post under the port, may, at thediscretion of the Chairman, be treated as onjoining time while he prepares for and makesthe journey to join the post under the Board,and while he prepares for and makes thejourney on reversion from the post under thePort to return to his original employment.During such joining time he shall receive payequal to the pay, or in the case of joining timeimmediately following leave granted from theprivate employment, to the leave salary, paidto him by his private employer prior to hisappointment, to Board’s service, or pay equalto the pay of the post in Port service,whichever is less.CHAPTER – XIIFOREIGN SERVICEFOREIGN SERVICE / DEPUTATION47. (1) No employee may betransferred to foreign service against his will.(2) Transfer to Foreign Serviceoutside India may be sanctioned subject toapproval of the Central Government andrestrictions which the Government may deemfit to impose by general or special order.48. A transfer to foreign service is notadmissible unless(i) the duties to be performedafter the transfer are such as should,for public reasons, be rendered by anemployee,(ii) the employee transferredholds, at the time of transfer a postpaid from Board’s General Fund orholds a lien on a permanent post.NOTE: The transfer of a temporary employeeto foreign service is permissible under thisRegulation.49. If an employee is transferred to aforeign service while on leave, he ceases fromthe date of such transfer to be on leave and todraw leave salary.50. An employee transferred to a foreignservice shall remain in the cadre or cadres inwhich he was included in a substantive orofficiating capacity immediately before histransfer and may be given proforma promotionwhile on foreign service.51. An employee in foreign service willdraw pay from the foreign employer from thedate on which he relinquishes charge of hispost in Board’s service. Subject to any25

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001restrictions which may be imposed, theamount of his pay, the amount of joining timeadmissible to him, his pay during such joiningtime and terms and conditions of transfer willbe fixed by the authority sanctioning thetransfer in consultation with the foreignemployer (See Appendix V).52. (1) While an employee is in foreignservice, contributions, towards the cost of hispension must be paid to Board’s General FundAccount on his behalf.(2) If the foreign service is in India,contributions must be paid on account of thecost of leave salary also.(3) Contributions due under (1) and (2)above shall be paid by the employee himself,unless the foreign employer consents to paythem. They shall not be payable during leavetaken while in foreign service.(4) By special arrangements madeunder Regulation 60 contributions on accountof leave salary may be required in the case offoreign service out of India also, thecontribution being paid by the foreignemployer.NOTE: Pension throughout this chapterinclude Board’s contributions, if any, payableto an employee’s credit in a ContributoryProvident Fund.53. The rate of contributions payable onaccount of pension and leave salary shall besuch as may be prescribed by the Government(See Appendix-V)54 (1) The rates of pension contributionprescribed under Regulation 55 will bedesigned to secure to the employee thepension that he would have earned by serviceunder the Board if he had not been transferredto foreign service.(2) The rates of contribution for leavesalary will be designed to secure to theemployee leave salary on the scale and underthe conditions applicable to him.. In calculatingthe rate of leave salary admissible, the paydraw in foreign service, less in the case ofemployees, paying their own contributions,such part of pay as may be paid ascontributions will count as pay.55. In case of transfer to foreign service,the Board may(i) remit the contributions due inany specified case or class of cases:and(ii) make regulations prescribingthe rate of interest if any, to be leviedon overdue contributions.56. (1) Contributions for leave salary orpension due in respect of an employee onforeign service may be paid annually withinfifteen days from the end of each financial yearor at the end of the foreign service, if thedeputation on foreign service expires beforethe end of a financial year, and if the paymentis not made within the said period interestmust be paid to the board, at the rate of twopaise per day per hundred rupee from the dateof expiry of the period aforesaid upto the dateon which the contribution is finally paid. Theinterest shall be paid by the employee or theforeign employer accordingly as contribution ispaid by the former or the latter.(2) The leave salary and pensioncontribution should be paid separately and nodues recoverable from the Board on anyaccount should be set off against thesecontributions.57. An employee on foreign service maynot elect to withhold contributions and to forfeitthe right to count as duty on Board’s servicethe time spent in foreign employer. Thecontribution paid on his behalf maintains hisclaim to pension or to pension an leave salary,as the case may, in accordance with the rulesof the service. Neither be nor the foreignemployer has any right of property in acontribution paid and no claim for refund canbe entertained.58. An employee transferred to a foreignservice may not without the sanction of theChairman, accept pension or gratuity from hisforeign employer in respect of such service.59. An employee in foreign service maynot be granted leave otherwise than inaccordance with the rules applicable to himand may not take leave or receive leave salaryfrom the Board unless he actually quits dutyand goes on leave.60. (1) An employee in foreign service out ofIndia may be granted leave by his employer onsuch conditions as the employer maydetermine. In any individual case, theauthority sanctioning the transfer maydetermine before hand, in consultation with theemployer, the condition on which leave will begranted by the employer. The leave salary inrespect of leave granted by the employer willbe paid by the employer and the leave will not26

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001be debited against the employee’s leaveaccount.(2) In special circumstances the authoritysanctioning a transfer to foreign service out ofIndia may make arrangements with the foreignemployer, under which leave may be grantedto the employee in accordance with the rulesapplicable to him as a Board’s employee if theforeign employer pays to the Board leavecontribution at the rate prescribed.61. An employee in foreign service ifappointed to officiate in a post in Board’sservice, will draw pay calculated on the pay ofthe post in Board’s service on which he holdsa lien and that of the post in which heofficiated. His pay in foreign service will not betaken into account in fixing his pay.62 (1) An employee reverts from foreignservice to Board’s service on the date onwhich he takes charge of his post in Board’sservice.Provided that if he takes leave on theconclusion of foreign service before rejoininghis post his reversion shall take effect fromsuch date as the Head of Department onwhose establishment he is borne may decide.(2) When an employee reverts fromforeign service to Board’s service his pay willcease to be paid by the foreign employer andhis contributions will be discontinued, witheffect from the date of reversion.CHAPTER XIIIGovernment pending formal amendment tothese regulations.66 A service record should be maintainedfor every employee in the manner as may beprescribed by the Chairman from time to time.67 The forms and procedures for thepurposes of these regulations shall be asprescribed by the Chairman from time to time.68 Any orders passed or action takenor provisions implemented based on theFundamental Rules and Supplementary Rulesof the government of India prior to thecommencement of these Regulations, suchorders passed or action taken or provisionsimplemented shall be deemed to have beendone under the corresponding provisions ofthese RegulationsFoot Note :K.V RAO, Jt. Secy.(File No.PR-12016/11/96-PE.I)The Chennai Port Trust (Pay andAllowances, etc) Regulations, 2001 approvedby the Central Government and published inthe Gazette of India vide Ministry of Shipping’sNotification No. GSR 548(E) dated 23.7.2001.Subsequently amended vide (i) NotificationNo.GSR 39(E) dated 20.1.2005.********MISCELLANEOUS63 INTERPRETATION’If any question arises as to the interpretation ofthese regulations, the same will be decided bythe Board.64 POWER TO RELAX;The power to relax any of the provisions ofthese regulations for a class or category shallrest with the Board.65 GOVERNMENT’S RULES TO APPLY;Notwithstanding anything contained in theseregulations, the provisions of the FundamentalRules and Supplementary Rules of theGovernment of India as amended from time totime and Government orders and decisionsthereon shall be adopted with suchmodifications or exceptions as the Board maydecide with the prior approval of Central27

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001Sl.No.APPENDIX -IDELEGATION OF POWERS (REGULATION-3)RegNo.Nature ofpowersAuthority towhich isdelegated*****RESIGNATION(REGULATION 15)APPENDIX-II1. AUTHORITY TO ACCEPT RESIGNATION:When an employee tendersresignation, the appointing authority in respectof the service or post in question is theauthority competent to accept the resignationof the employee.2. FORMAT OF RESIGNATION;Extent of power delegated(1) (2) (3) (4) (5)1. 14(1)(iii)Powerforcondonation ofinterruption orbreak inservice2. 15 Power toacceptandpermitwithdrawal ofresignation3. 20 Grant ofIncrement(includingE.B.)4. 40 Power togrant andreviewsubsistenceallowanceChairmanDeputyChairmanHead ofDepartmentGovernmentChairmanDeputyChairman orHigherAuthorityHeads ofDepartments orHigherAuthorityChairmanDeputyChairmanHead ofDepartmentGovernmentChairmanDeputyChairmanHead ofDepartmentFull powers in respect of allemployeesFull Powers in respect ofClass II& III employeesFull powers in respect ofClasses III and IV employeesFor posts covered bySection 24(i)(a) of the MajorPort Trusts, Act , 1963.For all other Class I postsFor Class II postsFor Classes III and IV postsFull powers in respect of allClasses of employeesFull powers in respect ofClasses II & III employeesFull powers in respect ofClasses III and IV employees.NOTE: Stoppage ofincrement at E.B. should bedrawn only with approval ofthe Chairman.For posts covered bySection 24(i)(a) of the MajorPort Trusts, Act , 1963.For all Classes of employeesFor Class II and IIIemployeesFor Classes III and IVemployeesResignation is an intimation in writingsent to the competent authority by theincumbent of a post, of his intention orproposal to resign from office / post eitherimmediately or from a future specified date. Aresignation has to be clear and unconditional.3. CIRCUMSTANCES UNDER WHICHRESIGNATION SHOULD BEACCEPTED:It is not in the interest of the board toretain an unwilling Board’s employee inservice. The general rules, therefore, is that aresignation of an employee from serviceshould be accepted, except in thecircumstances indicated below.(i) Where the Board’s employeeconcerned is engaged on work of importanceand it would take time to make alternativearrangements for filling the post, theresignation should not be accepted straightaway by only when alternative arrangementsfor filling the post have been made.(ii) Where an employee, who is undersuspension, submits, a resignation, thecompetent authority should examine withreference to the merit of the disciplinary casepending against the employee, whether itwould be in Board’s interest to accept theresignation. Normally, as employees areplaced under suspension only in cases ofgrave delinquency it would not be correct toaccept a resignation from an employee undersuspension.Exceptions to this regulation would bewhere the alleged offences do not involvemoral turpitude or where the quantum ofevidence against the accused employee is notstrong enough to justify the assumption that ifthe departmental proceedings were continued,he would be removed or dismissed fromservice, or where the departmentalproceedings are likely to be so protracted thatit would be cheaper to the Board to accept theresignation.4. EFFECTIVE DATE OF RESIGNATION:A resignation becomes effective whenit is accepted and the employee is relieved ofhis duties. If an employee who had submitteda resignation, sends an intimation in writing tothe appointing authority withdrawing his earlierletter or resignation before its acceptance bythe appointing authority, the resignation will bedeemed to have been automatically withdrawnand there is no question of accepting the28

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001resignation. In case, however, the resignationhad been accepted by the appointing authorityand the employee is to be relieved from futuredate, if any request for with drawing theresignation is made by the employee beforehis is actually relieved of his duties, the normalprinciple should be to allow the request of theemployee to withdraw the resignation. Ifhowever, the request for withdrawal is to berefused, the grounds for the rejection of therequest should be duly recorded by theappointing authority and suitably intimated tothe employee concerned.5. WITHDRAWAL OF RESIGNATION:The procedure for withdrawal ofresignation after it has become effective andthe employee had relinquished the charge ofhis post are governed by the followingprovisions;(1) The appointing authority may permit aperson to withdraw his resignation in theBoard’s interest on the following provisions,namely ;(i) That the resignation was tendered bythe employee for some compelling reasonswhich did not involve any reflection on hisintegrity, efficiency of conduct and the requestfor withdrawal of the resignation has beenmade as a result of a material change in thecircumstances which originally compelled himto tender the resignation;(ii) That during the period interveningbetween the date on which the resignationbecame effective and the date from which therequest for withdrawal was made, the conductof the person concerned was in no wayimproper,(iii) That the period of absence from dutybetween the date on which the resignationbecame effective and the date on which theperson is allowed to resume duty as a result ofpermission to withdraw the resignation is notmore than ninety days; and(iv) That the post, which was vacated bythe employee on the acceptance of hisresignation or any other comparable post, isavailable.(2) Request for withdrawal of resignationshall not be accepted by the appointingauthority where an employee resigns hisservice or post with a view to taking up anappointment in or under a private commercialcompany or in a corporation or companywholly or substantially owned or controlled bythe Government or in or under a bodycontrolled or financed by the Government.(3) When an order is passed by theappointing authority allowing a person towithdraw his resignation and to resume duty,the order shall be deemed to include thecondonation of interruption in service but theperiod of interruption shall not count asqualifying service.6. RELEASE OF EMPLOYEES FORAPPOINTMENT IN CENTRAL PUBLICENTERPRISES:An employees who has been selectedfor a post in a Central / State Government orthe Government of Union Territory or thePublic Sector Undertakings or State or CentralPublic / State or Central autonomous body orother Major Ports or any other local authority /body on the basis of his application on his ownvolition and forwarded through Port may bereleased only after obtaining and accepting hisresignation from the Port service. Resignationfrom Board’s service with a view to securesuch employment with proper permission willnot entail forfeiture of the service for thepurpose of retirement/ terminal benefits. Insuch cases, the employee concerned shall bedeemed to have retired from service from thedate of such resignation and shall be eligible toreceive all retirement / terminal benefits asadmissible under the relevant regulationsapplicable to him in Port service in accordancewith the orders on the subject issued by theGovernment from time to time.7. WHEN RESIGNATION A ‘ TECHNICALFORMALITY’In cases where employees apply for posts inthe same or other departments through properchannel and on selection, they are asked toresign the previous posts for administrativereasons, the benefit of past service may, ifotherwise admissible under regulations, begiven for purposes of fixation of pay in the newpost treating the resignation as a ‘technicalformality’*****APPENDIX-IIIREGULATION OF COMPENSATORY(CITY) AND HOUSE RENT ALLOWANCESIN DIFFERENT CIRCUMSTANCES(REGULATION 30)The drawal of compensatory (city)allowances and / of house rent allowance29

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001under different circumstances shall beregulated as stated below;1 LEAVE:(i) An employee will be entitled to drawcompensatory (city) and house rentallowances during leave at the same rates atwhich he was drawing these allowancesbefore he proceeded on leave. For thispurpose leave means total leave of all kindsunder the Chennai Port Trust (Leave)Regulations, 1987,not exceeding 180 daysand the first 180 days of the leave if the actualduration of leave exceeds the period; but doesnot include terminal leave, whether runningconcurrently with the notice period or not.When holidays are combined with leave, theentire period of holidays and leave should betaken as one spell of leave.House Rent Allowance as well asCompensatory (city) Allowance will beadmissible during L.P.R. subject to submissionof certificate that the employee concerned and/ of his family continue reside at the sameplace / same station.NOTE ; (1) In the case of employees whoare originally granted leave on medicalcertificate exceeding 180 days and haveultimately to retire from Trust’s service ongrounds of invalidity, the entire leave thusbecoming leave preparatory to retirement,recovery of compensatory (city) and houserent allowances already drawn need not beeffected. Employees otherwise but do not joinduty after expiry of such leave owing to death /invalidation during such leave may also beregulated in the same manner.(2) In cases, where an employees who issanctioned leave whether on medical groundsor otherwise does not join duty after availinghimself of such leave, and resigns, he shall notbe eligible for compensatory (city) allowanceand house rent allowance for the entire periodof such leave. The competent authority shallensure that the entire amount drawn on thisaccount is recovered before resignation, etc.,is accepted.(3) Drawal of these allowances during theperiod of leave in excess of first 180 daysavailed of on grounds other than medicalgrounds mentioned in sub-para (ii) below shallbe subject to furnishing of the certificatesprescribed in this regulation.(ii) The limit of 180 days shall be extendedto eight months for the purpose of the grant ofthese allowances in the case of employeessuffering from T.B. Cancer or other ailmentsduring the period of their leave taken onmedical certificates issued by the Trust’ ChiefMedical Officer in the forms prescribed.It is immaterial whether the leave is onmedical certificate from the verycommencement or is in continuation of otherleave as defined in para (i) above. In the caseof employees suffering from T.B., Cancer orother ailments, who remain on leave for aperiod exceeding 8 months, the grant of houserent allowance and compensatory (city)allowance for the period of leave beyond8 months, may be decided by the Chairmanirrespective of the period of leave involved solong as Medical Certificate in the prescribedform is issued by the Trust’s Chief MedicalOfficer.(iii) An employee who is granted studyleave will be entitled to draw compensatory(city) allowance during the first 180 days ofstudy leave at the rates admissible to theemployee from time to time at the place fromwhere he proceeds on study leave. Thecontinuance of payment of compensatory (city)allowance beyond 180 days of the study leavewill however, be subject to the production ofcertificates prescribed(iv) The period of leave immediately aftertermination of foreign service abroad andbefore resuming duty under the Trust has tobe treated as continuation of foreign serviceand no HRA/ CCA can be granted for the saidperiod because these allowances are grantedwith reference to the place of duty.Accordingly such officers are entitled to HRA /CCA if admissible, only with effect from thedate they assume charge under the Trust onexpiry of leave.2. JOINING TIME:During joining time an employee shallcontinue to draw compensatory (city) andhouse rent allowances at the same rates atwhich he was drawing these allowances at thestation from where he was transferred.Where, however, joining time is affixed toleave, joining time shall be added to the periodof 180 days referred to in para (1) aboveunless in any case it is otherwise expresslyprovided.3. DEPUTATION ABROAD:The employees going abroad on deputationshall be eligible to draw compensatory (city)and house rent allowances as the ratesadmissible to them from time to time at the30

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001station from where they proceed abroad ondeputation in the following manner;(i) Deputation not exceeding one year –compensatory (city) and house rentallowances will be admissible for the entireperiod of deputation.(ii) Deputation exceeding one year – Anemployee proceeding on depuration abroad fora period exceeding one year will be eligible forcompensatory (city) allowance / house rentallowance till such time as his family remainsat the last place of his duty in India. In theevent of an employee applying for familypassage to the place of depuration abroad orfor transfer, travelling allowances in respect ofhis family’s journey from the headquarters inIndia to hometown or any station he will not berequired to refund the amount ofcompensatory (city) allowance / house rentallowance upto the date upto which the familyactually resides at the last headquarters of theemployee in India.(iii) Deputation initially not exceeding oneyear but subsequently extended beyond oneyear – Compensatory (city) and house rentallowances will be admissible upto the date ororders extending the period of depurationbeyond one year. Thereafter, the allowancesshall be admissible as per sub-para (ii) above.(iv) The drawal of allowances under thissub-para will be subject to the production ofcertificates prescribed.4. TRAINING ABROAD :An employee who is deputed fortraining abroad under the various trainingschemes sponsored by the Board or operatedthrough non-official channels shall be entitledto draw compensatory (city) allowance andhouse rent allowance during the entire periodof such training at the rate admissible to himfrom time to time at the station from where hewas deputed abroad for training subject to theproduction of certificates prescribed.Leave taken during the course oftraining or immediately after the completion oftraining abroad to cover stay-overs / stopoversresulting in the absence of the traineesabroad beyond a period of training and assuch the employee concerned will not beentitled to my compensatory (city) and houserent allowances during the period of leavetaken on training abroad irrespective ofwhether the leave falls within the first sixmonths of training or immediately after thecompletion of the training abroad.5. TRAINING IN INDIA:An employee ho is sent on training inIndia, and whose period of training is treated aduty under regulation 4 (6) shall be entitled todraw during the entire period of such trainingcompensatory (city) and house rentallowances at the rates admissible to him, fromtime to time, at the either the place of trainingor the place of duty from where he proceededon training, whichever or more favourable tohim. For claiming the allowances admissibleat the place of duty from where an employeeproceeded to another station for training, hewill be required to furnish the certificate (s)prescribed.NOTE; - An employee who is allowedtravelling allowance as on tour and draws dailyallowance at the place of training will drawhouse rent allowance and compensatory (city)allowance only at the rate admissible to him athis headquarters from where he proceeded ontraining.6. SUSPENSION:The drawal of compensatory (city)allowance and house rent allowance to anemployee under suspension shall be regulatedwith reference to Regulations 40 and 41subject to his furnishing either or both of thecertificates prescribed for drawal of allowancesfor periods beyond 180 days from the date ofsuspension.NOTE: If the headquarters of an employeeunder suspension are changed in the Board’sinterests by orders of a competent authority,he shall be entitled to the allowances asadmissible at the new station provided thefurnishes the requisite certificate withreference to such station.7. WOMEN EMPLOYEES NOT PAYINGRENT THEMSELVES:In the case of married employee residingwith her husband, and in the case of anunmarried employee residing with her father orother members of the family who are notemployees, the rent paid by her husband or,as the case may be, by her father or othermembers of the family, shall be deemed to bethe rent paid by her. Such employees will beeligible for house rent allowance, if otherwiseadmissible under these orders.CERTIFICATESThe certificates required under sub-para 3 (iv),pars (4), (5) and (6) will be as follows:31

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001I. For drawal of compensatory (city)allowance;The employee concerned or his family orboth continued, for the period for whichcompensatory (city) allowance is claimed,to reside at the same station (whetherwithin its qualifying limits or in an adjoiningarea) from where he was placed undersuspension / proceeded on leave /deputation / training.II. For drawal of house rent allowance;The employee concerned continued for theperiod for which house rent allowance isclaimed, to retain the house at the samestation, (whether within its qualifying limitsor in an adjoining area) from where he wasplaced under suspension / paid rent for it.NOTE: 1. The words “adjoining area” used inthe above certificates refer to an area fromwhich an employee normally attends to hisduties.2. Family under this regulation means aBoard’s servant’s wife / husband, children andother persons residing with and whollydependent upon him / her. A husband’s wife /child / parent having an independent source ofincome is not treated as a member of family ofthe Board’s servant except when such incomeincluding pension (inclusive of temporaryincrease in pension and pension equivalent ofDCRG benefits) does not exceed an amountas may be prescribed by the Chairman fromtime to time.********APPENDIX-IVDEPUTATION OUT OF INDIA – TERMS ANDCONDITIONS(REGULATION 38)(1) employees may be allowed to proceedabroad –(a) (i) for training under variousfinancially aided schemes (such asColombo Plan, U.N. Scheme, etc.) andsponsored programmes.(ii) to attend meetings /conference sponsored by I.L.O.,U.N.O., or other foreign GovernmentsAgencies.(b) on deputation / delegationother than on training under financiallyaided schemes.(2) The guiding principles, formulation andclearance of proposals, period of deputation,passage, passport and other fees, dailyallowance, accommodation, foreignallowances and other allied matters shall be inaccordance with the directions of the CentralGovern.(3) Leave and Transit time:An employees deputed for trainingabroad may be allowed upto a maximum of 4days for completion of pre-departureformalities, e.g., medical examination,arrangements for passports, etc., and thisperiod may be treated as transit time.Where an employee avails himself ofearned leave not exceeding 120 days / 4months in India, in conjunction withdeputation.;-(a) the normal time taken on the journeyby the employee from the place where he wasspending his leave to the sea / air port ofembarkation limited to the normal time on thejourney from his headquarters in India to thePort of embarkation, and(b) The normal time taken on the journeyfrom the Port of disembarkation to hisheadquarters, may, under the orders of theChairman, be treated as transit time andincluded in the period of deputation.(c) An employee may, subject to theexigencies of Board’s service, be grantedleave while abroad for a period not exceedingfifty per cent of the actual period of dutyabroad (excluding the transit time from India tothe country of deputation and back andenforced halt) or a fortnight, whichever is lessfor personal reasons. Cases involving grant ofleave in excess of limits indicated aboveshould be decided by the Government.(d) The Chairman may grant casual leavein exceptional circumstances to an employeesubject to the condition that it will not have theeffect of extending the period of deputation.(e) The entitlement of an employee tonormal transit time, pay will not be affected byleave of any kind taken in India immediatelybefore the commencement of the period ofdeputation or immediately on return to India atthe end of such deputation; leave takenabroad before, during or at the end of theperiod of depuration on medical grounds or in32

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001order to spend profitably a period of enforcedhalt due to unavoidable waiting for a passage;and leave granted on personal grounds inaccordance with the provision of sub-para 3(c).(4). Pay and Allowances:(a) For employees sent abroad ontraining under various financially aidedschemes.(i)PAY.The entire period of the employee’s absencefrom his post will be treated as period ofdeputation on the full pay which he would havedrawn had he remained on duty.(ii)DEARNESS ALLOWANCE:An employee deputed for trainingabroad under the various officially sponsoredtraining schemes may be allowed dearnessallowance at the rate at which he would havedrawn had he not proceeded on deputationabroad for training, excluding any regularleave taken abroad, even in cases of stay ofmore than six months in a single country.The dearness allowance will beadmissible for the entire period of suchdeputation abroad for training.(iii) Compensatory (city) Allowance andHouse Rent Allowance :An employee will be entitled to drawCompensatory (City) Allowance and HouseRent Allowance during the entire period oftraining at the rate admissible to him from timeto time. The allowances will not be admissiblefor the period of training which is treated asspecial leave or earned leave.(iv) Recovery of Rent :.An employee proceeding abroad on training,the period being treated as duty is, however,entitled to retain the Board’s accommodationfor the full period of training on payment of thesame rate of rent which he was paying beforeproceeding on training, provided the residenceis required for the bonafide use of theemployee or the members of his family. If theperiod of training is covered by grant of specialleave or earned leave, etc., he can retainBoard’s quarters on payment normal rent uptomaximum period of four months.(b) For employees sent abroad ondeputation / delegation other than on trainingunder financially aided scheme:(i) Pay – The entire period of employee’sabsence from his post will be treated as periodof deputation on the full pay which he wouldhave drawn had he remained on duty.The entitlement of an employee to normaltransit time pay will not be affected by leave ofany kind taken in India immediately before thecommencement of the period of deputation orimmediately on return to India at the end ofsuch deputation: leave taken abroad before,during or at the end of the period of deputationon medical ground or in order to spendprofitably a period of enforced halt due tounavoidable waiting for a passage and leavegranted on personal grounds in accordancewith the provision of sub-para 3 (c)(ii)Dearness Allowance:An employee on deputation out ofIndia and drawing pay not exceeding theprescribed limits may be allowed to drawdearness allowance during the first six monthsof their stay in one country, at the rate at whichthe allowance would have been drawn, had theemployee not proceeded on deputation andthereafter, the rate equal to the dearnessallowance may also be granted in cases ofdeputation out of India extending over a periodexceeding six months, provided the deputationis to more than one country and the period ofthe employee’s stay on deputation in any onecountry does not exceed six months.(c) Compensatory (City) Allowance andHouse Rent Allowance:An employee going abroad ondeputation shall be eligible to drawCompensatory (City) and House RentAllowances at the rates admissible to themfrom time to time for the entire period ofdeputation.(d)Travelling Allowance:Employees sent abroad will be entitledto travelling allowance including dailyallowance, incidentals, internal travel cost, etc.in accordance with the traveling allowanceregulations.*******APPENDIX – VFOREIGN SERVICE – CONDITIONS ANDBASIS OF TERMS TO FOREIGN SERVICE1. FOREIGN SERVICE – TRANSFER ONDEPUTATION:33

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 20011.1 The terms and conditions should besettled well in advance before release.1.2 The terms should not be so excessiveas to make foreign service more attractive andsuch as to impose an unnecessary heavyburden on the foreign employer.2. SCOPE :Scope of Term ‘deputation / foreignservice’ – Restrictions on treating anappointment as on deputation / foreign service:2.1 The terms ‘ deputation / foreignservice’ will cover only those appointmentsthat are made by transfer on a temporary basisprovided that the transfer is outside the normalfield of deployment and is in the public interest.2.2 The question whether the transfer isoutside the normal field of deployment or notwill be decided by the authority which controlsthe service or post from which the employee istransferred.2.3 Appointment of serving employeesmade either by promotion or by directrecruitment with open market candidateswhether on permanent or temporary basisshall not be regarded as deputation / foreignservice.2.4 Permanent appointments made bytransfer will also not be treated as deputation /foreign service.2.5 Temporary appointment made on thebasis of personal requests of employees willalso not be treated as deputation / foreignservice.2.6 In case of appointments on deputation/ foreign service to a Major Port and in thosecases where the scale of pay and DearnessAllowance in the parent cadre post and excadrepost are similar, a person in the higherscale of pay shall not be appointed ondeputation to a post in a lower scale of pay.2.7 In case of appointment on deputation/foreign service from Central Government toChennai Port Trust and in those cases wherethe pay scale and D.A. in the parent cadrepost and ex-cadre post are dissimilar, noappointment on deputation / foreign serviceshall be made if by raising the grade pay byone increment plus dearness allowance (s)including interim relief; if any, admissible to aperson in parent cadre post exceeds theemoluments comprising pay plus dearnessallowance (s) including interim relief, if any, atthe maximum of the ex-cadre post.3. PAY AND DUTY ALLOWANCE :EXERCISE OF OPTION:3.1 The pay which an employee shallreceive in such service must be preciselyspecified in the order sanctioning the transfer.3.2 An employee on deputation may electto draw either the pay in the scale of pay of thenew post as may be fixed under theregulations or his basic pay in the parentdepartment plus personal pay if any, plusdeputation (duty) allowance.3.3 The borrowing authority should obtainthe option of the employee within one monthfrom the date of joining the ex-cadre postunless the employee has himself furnished theoption.3.4 The option once exercised shall befinal. However, the employee may revise theoption under the following circumstanceswhich will be effective from the date ofoccurrence of the same;(a) when he receives proformapromotion or is appointed to nonfunctionalselection grade in his parentcadre;(b) when he is reverted to a lowergrade in his parent cadre:(c) When the scale of pay of theparent post on the basis of which hisemoluments are regulated duringdeputation / foreign service or of theex-cadre post held by the employee ondeputation / foreign service is revisedeither prospectively or from aretrospective date;(d) Based on the revised / same /option / of the employees, in the eventof proforma promotion / appointment tonon-functional selection grade revisionof scales of pay in the parent cadre,the pay of the deputationists will berefixed with reference to the revisedentitlement of pay in the parent cadre.However, if the initial option was forthe pay scale of the deputation postand no change in option alreadyexercised is envisaged the pay alreadydrawn in deputation post will beprotected if the pay refixed is less.NOTE : Revision in the rates of DA, HRA orother allowances either in the parent orborrowing organization shall not be anoccasion for revision of the earlier option.34

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 20014. PAY FIXATION:4.1 When an employee on deputation /Foreign Service elects to draw pay in the scaleof pay attached to the ex-cadre post, his paymay be fixed as under:(i) Deputation from Port / Government /other organizations to Chennai Port Trust;Pay may be fixed under normal rules.(ii) In foreign service / reverse foreignservice:(a) When the pay scale of the postin the parent cadre and that attachedto ex-cadre post are based on sameindex level and the DA pattern is alsosame, the pay may be fixed under thenormal fundamental rules.(b) If the appointment is made topost whose pay structure and / or DApattern is dissimilar to that in theparent organization, pay may be fixedby addition to his grade pay, oneincrement in the scale of his regularparent post (and if he was drawing payat the maximum of the scale by theincrement last drawn) and equating thepay so raised plus dearness allowance(and additional or ad hoc dearnessallowance, interim relief, etc. if any)with emoluments comprising of payplus D.A, ADA, interim relief, etc. ifany, admissible in the borrowingorganization and the pay may be fixedat the stage in the pay scale of the excadrepost at which total emolumentsadmissible in ex-cadre post as aboveequal to the emoluments drawn in thecadre and if there is no such stage,pay may be fixed at the next higherstage.(iii) Pay fixed under (i) and (ii) shall neitherbe less than the minimum of the scale of theex-cadre post nor shall it exceed the maximumof that scale.4.2 In cases of appointment from one excadrepost to another ex-cadre post where theemployee opts to draw pay in the scale of theex-cadre post, the pay in the second orsubsequent ex-cadre posts, should be fixedunder the normal rule as with reference to payin the cadre post only. In respect ofappointments to ex-cadre post, the differencemay be allowed as personal pay to beabsorbed in future increases in pay. This issubject to the condition that on both theoccasions the employees should have opted todraw pay in the scales of pay attached to theex-cadre posts.4.3 In cases of appointment to a second orsubsequent ex-cadre post (s) in a higher payscale than that of the previous ex-cadre post,that pay may be fixed with reference to the paydrawn in the cadre post and if the pay so fixedhappen to be less than the pay drawn in theprevious ex-cadre post, the difference may beallowed as personal pay to be absorbed infuture increases in pay. This is subject to thecondition that on both the occasions theemployee should have opted to draw pay inthe scales of pay attached to the ex-cadreposts.NOTE. 1: The term parent post basic paymeans the post held on regular basis in theparent organization and pay drawn /admissible in such a post respectively.2. A officer who may be holding a higherpost on ad hoc basis in the cadre at the time ofproceeding on deputation/ foreign servicewould be considered to have vacated the postheld on ad hoc basis and proceeded ondeputation / foreign service from his regularpost. During his deputation / foreign service,he shall earn notional increments in his regularpost only. On his reversion if he isreappointed to the higher post on regular or adhoc basis his pay will get fixed with referenceto the pay admissible in the lower post as ondate of promotion. In such case, if his paygets fixed at a stage lower that that of hisjunior (s) who continued to serve in the cadre,no stepping up will be admissible as per extentrules insofar as the Trust’s employees areconcerned. However, if the pay so fixed isless that the pay drawn earlier while holdingthe post on ad hoc basis the pay earlier drawnwill be protected. Therefore, those employeewho are already holding a higher post on adhoc basis are expecting it shortly in the parentcadre may weigh all relevant considerationsbefore opting for deputation / foreign service.This note of caution will be applicable toemployee of other organizations wishing toapply for posts on deputation in Chennai PortTrust, if governed by similar rules in parentorganization.3. Pay of officer appointed on deputation/ foreign service on ad hoc basis pendingselection of a regular incumbent may also beregulated in accordance with provision of para4 or 5 of this Appendix, subject to the conditionthat if the said officer does not fulfill the35

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001eligibility conditions laid down in the terms ofdeputation of the ex-cadre post, his pay in thescale of the ex-cadre post, if so opted shall besubject to the restrictions under FR 35. Wherethe terms of deputation of the post have notbeen notified such restrictions may beenforced if his is ineligible to hold a post inequivalent / analogous grade in his own cadre.5. DEPUTATION (DUTY) ALLOWANCE5.1. The Deputation (Duty) Allowancewhich is deemed as ‘ Special Pay’ as definedin the Regulation 4 (23) shall be at thefollowing rates :(a) 5% of the employee’s basic paysubject to a maximum of Rs.250/- per monthwhen the transfer if within the same station.(b) 10% of the employee’s basic paysubject to a maximum of Rs.500/- per month inall other cases.The Deputation (Duty) Allowance as aboveshall be further restricted as under:(i) Pay plus Deputation (Duty) Allowancedoes not exceed the maximum of the scale ofpay of the ex-cadre post(ii) In the cases where pay scales aredissimilar, then pay plus Deputation (Duty)Allowance plus D.A. / A.D.A. / I.R. etc. doesnot exceed the pay at the maximum of excadrepost plus D.A, I.R., etc, thereon.(iii) Pay plus Deputation (Duty) Allowanceas above shall at no time exceed Rs.7,300/-P.M.NOTE: (1) The term ‘same station’ for thispurpose will be determined with reference tothe station where the persons were on dutybefore proceeding on deputation.(2) When there is no change in theheadquarters with reference to the last postheld, the transfer should be treated as withinthe same station and when there is change inheadquarters it would be treated as not in thesame station. So far as places falling withinthe same urban agglomeration of the oldheadquarters are concerned they would betreated as transfer within the same station.5.2. Special rates on deputation (duty)allowances may be admissible under separateorders in any particular area on account of thecondition of living there being particularlyarduous or unattractive. Where special ratesis more favorable than that under para 5 aboveemployees deputed to area will be given thebenefit of the special rate.5.3 Whenever extension of the period ofdeputation for the fifth year or the second yearin excess of the period prescribed in the termsof deputation is granted, it would be on thespecific understanding that the officer wouldnot be entitled to draw deputation (duty)allowance. The officers who opted to drawpay in the scale of the ex-cadre post shallhowever, continue to draw pay in that scaleduring the extended tenure also.5.4 If an employee with the permission ofcompetent authority proceeds on deputation /foreign service from one ex-cadre post toanother ex-cadre post in the same or anotherorganization without reverting to his parentcadre, and if the second ex-cadre post is at thesame station as the first ex-cadre post, thanthe rate of deputation (duty) allowance wouldremain unchanged5.5. In cases where a person on deputation/ foreign service is transferred by theborrowing authority from one station to anotherwithout any change in the post held by him therate of deputation (duty) allowance will remainthe same as was decided at the time of initialposting and will not undergo any change.5.6. Any special pay drawn by an employeein the parent department should not beallowed in addition to the deputation (duty)allowance. However, the Charmin, may bygeneral or special order suitably restrict thedeputation allowance where the special paydrawn by an employee in the parent cadre isallowed to be drawn in addition to basic pay, inhis deputation post.6. CONTRIBUTION: RATE OF LEAVESALARY CONTRIBUTION:6.1 The monthly rate of leave salarycontribution of employees governed by theChennai Port Trust (Leave) Regulations in11% of pay drawn in foreign service.6.2 Rates of pension contribution: Therates of pension contributions will be based onclass of service to which the employeebelongs, his length of service and maximum ofthe pay held by him at the time of hisproceeding on foreign service.6.3 The rates of pension contribution willbe expressed as percentage of the maximummonthly pay of the post in the officiating /substantive grade as the case may be, held bythe employee at the time of proceeding onforeign service or of the post to which he mayreceive proforma promotion while on foreignservice plus DA,ADA / ad hoc DA treated as36

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001pay and interim relief appropriate to suchmaximum pay.6.4 The rate of pension contribution on themaximum of the pay of the post is laid downunder the table below:RATES OF MONTHLY CONTRIBUTIONPENSION14-15Year15-16Year16-17Year15% 13% 11% 9%15% 13% 12% 9%16% 14% 12% 9%Year ofservice0-1Year1-2Year2-3Year3-4Year4-5Year5-6YearRates of monthly contributionexpressed as percentage of themaximum monthly pay of the post inthe officiating / substantive grade, asthe case may be, held by theemployee at the time of proceedingon foreign serviceClass-IClass-IIClass-IIIClass-Iv7% 6% 5% 4%7% 6% 5% 4%8% 7% 6% 5%8% 7% 7% 5%9% 8% 7% 5%10% 8% 7% 6%17-18Year18-19Year19-20Year20-21Year21-22Year22-23Year23-24Year24-25Year25-26Year26-27Year16% 14% 13% 10%17% 15% 13% 10%17% 15% 13% 10%18% 16% 14% 11%19% 16% 14% 11%19% 17% 15% 11%20% 17% 15% 12%20% 17% 16% 12%21% 18% 16% 12%21% 18% 16% 13%6-7Year10% 9% 8% 6%27-28Year22% 19% 17% 13%7-8Year11% 9% 8% 6%28-29Year23% 19% 17% 13%8-9Year9-10Year10-11Year11-12Year12-13Year13-14Year11% 10% 9% 7%12% 10% 9% 7%12% 11% 10% 7%13% 11% 10% 8%14% 12% 10% 8%14% 12% 11% 8%29-30 23% 20% 18% 13%Above30years23% 20% 18% 14%6.5 If the contributions are paid by theemployee himself, the rate of contributionsshall be calculated applying the followingformulae as may be the case.(a) Where the pension contribution aloneis paid by the employee-L = (F – P) X r / 100Where L is the leave salarycontribution37

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001F is the pay actually drawn in ForeignServiceP is the pension contribution paid bythe employeer is the rate of leave salary contribution(b) Where the leave salary contribution isalone payable by the employee.L = ( F X r / 100 + r )Where L is the leave salarycontributionF is the pay actually drawn in foreignservicer is the rate of leave salarycontribution(c) Where both the contributions arepayable by the employee.L = ( F – P ) X r / 100 = rWhere L is the leave salarycontributionF is the pay actually drawn in ForeignServiceP is the pension contributionr is the rate of foreign salarycontribution6.6 Rates of Contributory Provident FundContributions:An employee who is subscriber to theChennai Port Trust Contributory Fund and whois transferred to Foreign Service shall paymonthly subscriptions calculated on the rate ofpay drawn in Foreign Service.6.7 The foreign employer or the employeehimself, shall pay in addition for the period ofactive foreign service a contributiondetermined by the formula X + XY where Xequals the amount which would have beencredited monthly to the subscriber’s account inthe Contributory Provident Fund had he notproceeded on foreign service, the rate of paydrawn by him in foreign service being regardedas his emoluments for this purpose, and Yequal the fraction which the amountrecoverable as leave salary contribution bearsto pay(11% of pay drawn in foreign service).NOTE:- (1) The rates of contributionpayable on percentage basis should berounded off to the nearest rupee fractionsequal to 50 paise being rounded off to the nexthigher rupees.(2) See Regulation 56 for penal interest onoverdue payment of contributions.7. ADMISSIBILITY OF OTHER PAY,ALLOWANCES AND BENEFITSWHILE ON DEPUTATION / FOREIGNSERVICE :7.1 Any project allowance admissible in aproject area in the borrowing organization maybe drawn in addition to deputation (duty)allowance.7.2 Any special pay granted to anemployee in the parent department under FR 9(25) or a corresponding rule of parentorganization should not be allowed in additionto deputation (duty) allowance. However, theborrowing department may allow in addition todeputation (duty) allowance under specialcircumstances any special pay attached to thepost held by the employee in his / her parentdepartment, by suitably restricting thedeputation (duty) allowance. This will requirethe specific and prior approval of competentauthority.7.3 In case special pay is attached to thescale of pay of the ex-cadre post and theemployee has opted to draw pay also in thatscale, in addition to his pay in that scale he willalso be entitled to draw such special pay.However, such special pay will not beadmissible if he has opted to draw grade payplus deputation allowance.7.4 Personal pay, if any, drawn by anemployee in his parent department willcontinue to be admissible on deputation /foreign service if he opts to draw grade payplus deputation allowance. No deputationallowance on this personal pay will however,be admissible.7.5 Increments: The employee will drawincrement in his parent grade or in the gradeattached to the deputation post as the casemay be, depending on whether he has optedfor his own grade pay plus deputation (duly)allowance or the time scale of the deputationpost. If he has opted for time scale of thedeputation post, notional increment shall alsocontinue to accrue to him in the post held onregular basis in parent cadre / organization forthe purpose of regulation of pay on reversionback to parent post at the end of tenure.7.6 Admissibility of Allowances andBenefits while on Deputation / Foreign Service:(a) Such allowances as are not admissibleto regular employees of corresponding status38

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001in the borrowing organization, shall not beadmissible to the officer on deputation / foreignservice, even if they were admissible in theparent organization.(b) Following allowances will be regulatedwith mutual consent of the lending andborrowing organization:(i) HRA / CCA(ii) Joining time and Joining time Pay.(iii) Traveling Allowances and TransferT.A.(iv) Children Education Allowance(v) L.T.C.(c) Following allowances / facilities will beregulated in accordance with the rules asexplained against each :(i) Dearness Allowance: Theemployee shall be entitled to dearnessallowance at the rates prevailing in theborrowing organization or in theleading organization depending onwhether he has opted for to draw payin the time scale of the ex-cadre postor his own grade pay plus deputation(duty) allowance.(ii) Medical Facilities : This will beregulated in accordance with the rulesof borrowing organization.(iii) Leave: An officer on depuration/ Foreign service shall be regulated bythe leave rules of the parentorganization. At the time of reversionfrom the deputation post to the parentcadre, the borrowing organization mayallow him / her leave not exceedingtwo months. The employee shouldapply for further leave to his cadrecontrolling authority.8. REIMBURSEMENT OF TUITION FEES:He will be entitled to reimbursement oftuition fees of his children subject to the termsand conditions laid down for it from time totime and liability in this regard will devolve, onthe borrowing organization.9. LEAVE AND PENSION :During the period of deputation ontemporary transfer he will continue to begoverned by the leave and pension regulationsof the Board applicable to him.10. PROVIDENT FUND AND OTHERSPECIAL FUNDS BENEFITS:During the period of deputation, he willcontinue to subscribe to the Provident Fundand other special funds of the Board to whichhe may be subscribing when he is placed ondeputation, in accordance with the regulationsof such funds.11. RESIDENTIAL ACCOMMODATION:He will be entitled to residentialaccommodation according to the rules of theorganization to which he is deputed.12. COMPENSATORY ALLOWANCESFOR THE PERIOD OF LEAVE:The whole expenditure in respect ofany compensatory allowance (includingdearness allowance) for the periods of leave inor at the end of foreign service shall be borneby the foreign employer. A condition to thiseffect should be inserted in the terms oftransfer of foreign service.13. PROCEDURE FOR PAYMENT OFPENSION CONTRIBUTION ANDLEAVE SALARY CONTRIBUTION:A condition to the effect thatpayment of these contributions either by theforeign employer or the employee himselfshould be inserted in the terms of ForeignService. Where the transferee himself is liableto pay the contributions on account of pension/ contributory provident fund and leave salary itshall be necessary to secure a letter from thetransferee, addressed to the foreign employerto pay to the Board from his salary a specificmonthly sum which would be based on theforeign service contributions which theemployee himself has to pay which wouldenable for foreign employer lawfully to effectthe necessary deductions and remit it to theBoard.13.1 In cases of reserve deputation fromCentral Public Section Undertakings / StatePublic Section Undertakings / autonomousbodies to Chennai Port Trust, the questionregarding leave salary and pensioncontributions will be decided by mutualconsent.14. PERIOD OF FOREIGN SERVICE :The period of Foreign Service runs from thedate on which the employee hands overcharge of his post in Board’s service to thedate on which he resumes charge of it. Theperiod of transit both ways is also part offoreign service. Even if leave is taken at the39

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001beginning or end of the foreign service theposition is not affected. Pay during joiningtime will be fixed under Regulation 46 (3).Contributions during joining time followingleave will be based on pay drawn while onforeign service.15. PERIOD OF DRAWING DEPUTATION(DUTY ALLOWANCE ) & TENURE:15.1 The period of deputation / ForeignService shall be subject to a maximum of threeyears in all cases except for those posts wherea longer period of tenure is prescribed in theterms of deputation.15.2 The borrowing organizations may grantextension beyond this limit upto one year, afterobtaining orders of the competent authoritywhere such extension is considered necessaryin the public interest with the consent oflending authority.15.3 The borrowing organizations mayextend the period of deputation for the fifthyear or for the second year in excess of theperiod prescribed in the terms of deputationwhere absolutely necessary, subject to theflowing conditions:(i) While according extension for the fifthyear, or the second year in excess of theperiod prescribed in the terms of deputationthe directive issued for rigid application of thetenure rules should be taken into considerationand only in rare and exceptionalcircumstances such extension should begranted;(ii) The extension should be strictly inpublic interest and with the specific priorapproval of the borrowing authority;(iii) Where such extension is granted, itwould be on the specific understanding thatthe officer would not be entitled to drawdeputation (duty) allowances ;(iv) The extension would be subject to theprior approval of the lending organization, theofficer on deputation;(v) If the borrowing organization wishes toretain an officer beyond the prescribed tenure,it shall initiate action as above for seekingconcurrence of lending organization, individualconcerned etc. 6 months before the date ofexpiry of tenure. In no case it should retain anofficer beyond the sanctioned terms unlessconcurrence of lending organization has beenreceived.15.4 In cases where extension is beyondthe fifth year or second year in excess of theperiod prescribed in the terms of deputation,the same would be allowed only after obtainingthe approval of the Board where Chennai PortTrust is the lending organization or theborrowing organization, proposal in this regardshould reach the lending organization with theapproval of the borrowing department at leastthree months before the expiry of the extendedtenure with full particulars.15.5 When extension of period ofdeputation / foreign service for the first and thesecond year in excess of period prescribed inthe terms of deputation is considered by theborrowing organization under powersdelegated to them, the period for extensionmay be so decided upon so as to ensure thatofficer concerned is allowed to continue ondeputation till the completion of academic yearin cases where the officer has school /collegegoing children. No proposal for furtherextension beyond the second year in excess ofperiod prescribed in the terms of deputationshall be forwarded on the consideration thatthe officer has school / college going children.Extension beyond this period will beconsidered only if it is strictly in the publicinterest.15.6 For computing the total period ofdeputation / foreign service the period ofdeputation /foreign service in another ex-cadrepost (s) held preceding the currentappointment without a break in the same orsome other organization shall also be takeninto account.15.7 If during the period of deputation /foreign service the basic pay of an employeeexceeds the maximum of the scale of pay ofthe post or the fixed pay of the post, onaccount of proforma promotion in his cadreunder the next below Rule or otherwise, thedeputation / foreign service of the employeeshould be restricted to a maximum period ofsix months from the date on which his payexceeds such maximum and he should bereverted to his parent department within thesaid period.15.8 If during the period of deputation, onaccount of proforma promotion in the parentcadre under the next below rule, the employeebecomes entitled to scale of pay higher thanthe scale of pay attached to the ex-cadre post,he may be allowed to complete the normaltenure of deputation subject to 15.7 above but40

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001no further extension of the period of deputationshould be allowed in such cases.16. PREMATURE REVERSION OFDEPUTATIONIST TO PARENTCADRE:Normally, when an employee is appointed ondeputation / foreign service, his services areplaced at the disposal of the parentorganization at the end of the tenure.However, as and when a situation arises forpremature reversion to the parent cadre of thedeputationist, his services could be soreturned after giving advance intimation ofreasonable period to the lending organizationand the employee concerned.17. SPECIFIC TERMS ABOUTENCASHMENT OF EARNED LEAVE:The liability on account of “alladmissible allowances” towards encashmentof earned leave during the period of deputationshall be borne by the borrowing department.The Trust will bear the liability on account ofpay only.18. RECOVERY OF SPECIAL DISABILITYLEAVE SALARY CHARGES ONACCOUNT OF DISABILITY INCURREDIN AND THROUGH FOREIGNSERVICE.The foreign employer should in thecase of employees transferred to a foreignservice accept liability for leave salary inrespect of disability leave granted on accountof disability incurred in and through foreignservice, even though such disability manifestsitself after the termination of foreign service.The leave salary charges for such leaveshould be recovered direct from foreignemployer, a condition to this effect beinginserted in the terms of transfer to foreignservice.19. TRANSIT PAY AND T.A. OF ANEMPLOYEE TRANSFERRED FROMONE FOREIGN EMPLOYER TOANOTHER WITHOUT REVERTING TOTHE BOARD’S SERVICE:In the case of an employee whoproceeds on transfer from one foreignemployer to another without reverting toBoard’s service the transit pay and allowance,traveling allowances should be borne by theforeign employer to whom the employeeproceeds on transfer subject to the provisionsof period of deputation read with para 15.6 to15.820 LENDING DEPARTMENT TO PAY D.A.AS PART OF CASH EQUIVALENT OFLEAVE SALARY IN CASE OFRETIREMENT / DEATH WHILE INFOREIGN SERVICE20.1 The incidence of expenditure onaccount of dearness allowance payable to anemployee who retires / dies in harness whileon foreign service should be paid to him by theBoard as a part of cash equivalent of leavesalary in lieu of unutilized leave admissible tohim at the time of retirement / demise.20.2 No employee will be permitted toreceive any remuneration or enjoy anyconcession not those specified in the order:and if the order is silent as to any particularremuneration or concession it must beassumed that the intention is that it shall notbe enjoyed.21. SPECIFIC TERMS ABOUTPRODUCTIVITY LINKED BONUS :The liability will be borne by theChennai Port Trust, provided the deputationistopted for the scale of pay applicable to hisrank and category in the Chennai Port Trust.In cases, where the deputationist opted for thescale of pay which he was drawing in hisparent department prior to the date of hisdeputation and draw deputation dutyallowance, the liability will be limited to thescale of pay as applicable to his rank andcategory in the Chennai Port Trust for thewhole year or proportionately, as the case maybe.22 FOREIGN SERVICE TRANSFER ONOWN VOLITION:A permanent employee who has beenappointed in an autonomous body / publicsector undertaking financed wholly orsubstantially by Government or in Governmentdepartments or other Ports on the basis of hisown application in response to pressadvertisement etc., shall, on his permanentabsorption in such body be entitled to thesame retirement benefits in respect of his pastservice under the Board as are admissible to apermanent employee going on deputation andgetting absorbed therein, except, carry forwardof leave provided they had applied throughproper channel and released after obtainingacceptance of their resignation from pastservice.22.1 They may be allowed to retain theirlien in Board’s service for a period of two yearsor till they are permanently absorbed in the41

CHENNAI PORT TRUST (PAY AND ALLOWANCES, ETC.) REGULATIONS, 2001undertaking which ever is earlier subject to thefollowing condition:(a) the leave salary and pensioncontributions should be paid either by theundertaking / organization or by the employeehimself. If the employee himself is to pay thecontributions it may be specifically so recordedin the release order and a declaration from himobtained to that effect.(b) The employee will be governed by therules of the undertaking / organization inrespect of fixation of pay and allowances andall other matter.(c) Resignation from Board’s service witha view to secure employment in PublicUndertaking, autonomous bodies or otherports with proper permission will not entailforfeiture of past service for retirement /terminal benefits.(d) The manner of discharge of pro-rateretirement benefits shall be as approved inB.R. 249 dated 29.1.1985 and orders issuedfrom time to time.*******SERVICE RECORD(REGULATION – 66)APPENDIX-VI1. A service book in such form andmanner as the Chairman may prescribe mustbe maintained for every employee holding asubstantive post, on a permanentestablishment or officiating in a post or holdinga temporary post except in respect ofemployees officiating in posts or holdingtemporary post, who are recruited for purelytemporary or officiating vacancies not likely tolast more than one year and are not eligible forpermanent appointment.2. In all cases in which a service book isnecessary under para 1, such a book shall bemaintained for an employee from the date offirst appointment to Board’s service. Except inrespect of Heads of Departments, it must bekept in the custody of the Head of the office inwhich he is serving and transferred within fromoffice to office. The service record of Heads ofDepartments will be kept in the custody ofSecretary.3. Every step in an employee’s official lifemust be recorded and attested in this servicebook and each entry must be attested by theHead of Department, if he himself is the Headof Department by his immediate superior.The Head of the Department must see that allentries are duly made and attested, and thatthe book contains no erasure or over-writing,all corrections being neatly made and properlyattested.4. Every period of suspension fromemployment and every other interruption ofservice, if any, must be made with full detailsof its duration and must be attested.5. It shall be the duty of every Head ofDepartment to initiate action to show theservice books to the employee concernedevery year and obtain their signature therein,in token of having inspected the service books.ORDER:The cost of service book should beborne by the Board and it should not bereturned to the employee on retirement,resignation or discharge from service.However, a certified copy of a servicebook may be supplied to an employee whoasks for it on quitting Board’s service byretirement, discharge or resignation onpayment of a copying fee of Rs.5/-The Heads of Departments arepermitted to delegate to their subordinateofficers, power to attest entries in servicebooks, except their own service books.Entries regarding appointment,increment, fixation of pay, etc., should bebased on appointment orders, medicalcertificates, increment certificates, pay fixationstatements, etc.The P.F. Account No., nomination toProvident Fund, Death-cum-RetirementGratuity, Pension, declarations under LeaveTravel Concession Scheme and concessionavailed by employee or family members underthe scheme, etc., should be recorded in theservice books.******42