MINISTRY OF TRANSPORT

( Transport Wing )

PORTS
Notification
APPOINTING 29TH FEBRUARY, 1964 AS THE DATE ON WHICH
THE MAJOR PORT TRUSTS ACT,1963 ( 38 OF 1963 ) SHALL
COME INTO FORCE.

New Delhi, the 28th February, 1964.

G.S.R. 296 : - In exercise of the powers conferred by sub - section ( 2 ) of section 1 of the
Major Port Trusts Act, 1963 ( 38 of 1963 ), the Central Government hereby appoints the
29th day of February, 1964, as the date on which the said Act shall come into force.

[ No. 10 - PG ( 54 ) / 61 - Vol.v.]
 THE MAJOR PORT TRUSTS ( ADAPTATION
OF RULES ) REGULATIONS, 1964
G.S.R. 297 : - In exercise of the powers conferred by Section 126, read with Sections 28 and 134,
of the Major Port Trusts Act, 1963 ( 38 of 1963 ), the Central Government hereby makes the following
first regulations, namely :-
1. Short title and commencement :- (1) These regulations may be called the Major Port
Trusts ( Adaptation of Rules ) Regulations, 1964.
(2) They shall come into force on the 29th day of February, 1964.
2. Application :- They shall apply to the Port Trusts of Visakhapatnam, Cochin and Kandla.
3. Definitions :- (a) „Act‟means the Major Port Trusts Act, 1963;
(b) „appointed day‟ means the date on which the Act comes into force;
(c) „Board‟ shall have the meaning assigned to it in the Act;
(d) „existing rules and orders‟ means the rules and orders made under the various Acts and Rules
in force prior to the appointed day in connection with the administration of the ports;
(e) „ports‟ means the Ports of Visakhapatnam, Cochin and Kandla;

* 4. Existing rules to continue :- The existing rules and orders and subsequent amend-
ments thereto made on or after coming into force of the Major Port Trusts ( Adaptation of Rules )
Amendment Regulations, 1976, relating to the following matters shall, to the extent they are not incon-
sistent with the provisions of the Act or any regulations made there under, continue in force namely :-
(i) matters specified in clause (b), clause (c) and clause (e) of section 28 of the Act: and
(ii) matters specified in clause (b) and clauses (e) to (n) of section 123 of the Act;
Provided that the amendments aforesaid shall not be applied unless the Board obtains the ap-
proval of the Central Government.
5. Form of receipt :- The receipt to be given in pursuance of sub-section (2) of Section 42 of
the Act shall be, as far as practicable in the forms in Annexures A,B or C.
6. Period of notice :- The period within which notice of loss or damage shall be given under
sub-section ( 2) of Section 43 of the Act shall be five days, in the case of Visakhapatnam Port Trust and
** [ seven clear working days, in the case of Cochin ] or Kandla Port Trusts, from ** [ the date of
taking charge of such goods by the Board ] under sub-section (2) of Section 42 of the Act.

*** 7. Period of Responsibility :- The period after which no responsibility shall attach to
the Board in respect of goods taken charge of by the Board, shall, under sub-section (1) of section 43
of the Act, be seven clear working days from the date of taking charge of such goods by the Board.
* Substituted w. e. f. 10-9-77 vide Ministry of Shipping & Transport Notification No
PEX - 74 / 76 dated 20-8-77.
** Substituted w.e.f. 1-2-75, by Notification No. B / 4894 / 74, dated 1-2-1975.
*** Added w.e.f. 1-2-75, by Notification No. B / 4894 / 74, dated 1-2-1975.
 APPENDIX - A
COCHIN PORT

RECEIPT

Serial No:...........................................

Boat No:............................................. Steamer.............................................

Name of Agents................................... Berth No.............................................

Time and date commenced...................hrs....................mts...................da y......................

month....................................year. Time and date finished...........................................

hrs....................................mts..................day.....................month..........................year

Marks Description Tally of Packages Total Remarks

tallied

Total

Signature of port Tally Clerk

 APPENDIX - B
COCHIN PORT
Receipt for import cargo
No................................

Landing during the day night of ......................................................................................................

From the Motor ship ...........................................................of M/s.............................................

steam
Agents by the Cochin Port the following goods, contents and state of contents unknown.

Cargo handled by gang No.................................. Maistry...............................................................

..................................................at. Q1, Q2, Q3, Q4 B.T.P Boating.
Q5, Q6, Q7, Q8

Hatch No................................................................. Crane

Derrick

No. of packages, T
Description Packages unnum- O WEIGHT
Marks Re-
of packages bered to be T T Cwt. Qrs. Lbs. Kls. marks
stroke tallied A
five in a division L

Idling From H.M.

time to H.M.

Agents‟s Tally Clerk Port‟s Shed Clerk Wharf Superintendent

 APPENDIX - B
COCHIN PORT
Receipt for import cargo
( Broken or damaged packages )

No................................

Landing during the ..................................................day of ...............................................................

From the Motor Ship ..........................................................of M/s.............................................

Steam
Agents ......................................................................... by the Cochin Port the following goods

contents, and state of contents unknown. Cargo handled by gang No..................................Maistry

Q1, Q2, Q3, Q4
................................................... at B.T.P Boating.
Q5, Q6, Q7, Q8
Crane
Hatch No.................................................................
Derrick
No. of packages, T
Description Packages unnum- O WEIGHT
Marks Re-
of packages bered to be T T Cwt. Qts. Lbs. Kls.
marks
stroke tallied five A
in a division L

Idling From H.M.

time to H.M

Agents‟s Tally Clerk Port‟s Shed Clerk Wharf superintendent

 APPENDIX - B
COCHIN PORT
Receipt for import cargo ( Liquor )

Landing during the ..................................................day of ........................................ 20.............

From the Motor Ship ..........................................................of M/s.............................................

Steam
........................................................................ Agents by the Cochin Port the following goods,

contents, and state of contents unknown. Cargo handled by gang No.............................................

Maistry ...............................................................................

at Q ................................................... ............................... Boating.

Crane
Hatch No.................................................................
Derrick
No. of packages,
Description Packages unnum-
Marks Total Weight Remarks
of packages bered to be
tonnes
stroke tallied five
in a division

Idling From H.M.

time to H.M

Note :- The goods will remain in the Lock fast / in the Transit Shed under the custody of the
Steamer Agents from the time they are landed until clearance and the Port will not accept
any responsibility for damages to or shortages in the contents.

Agent‟s Tally Clerk Port‟s Shed Clerk Wharf Superintendent

 APPENDIX - C
Book No........................ No...............................................................nam e and
date of arrival of ship........................................................... . Shed No.........................
Tally Clerk‟s Name..................................................................

COCHIN PORT

Book No............................. No.....................................................Traffic Department

Barge No.................................... Day / Night of .........................

Tally Sheet Issued under

IMPORT / EXPORT / SHIPPING
Tally of Cargo EX. S. S.
PER M.V....................................................arrived on ................
Agent.........................................................................................
At berth / 1 / 2 / 3 / 4 / 5 / 6 / Mooring 1 / 2 / 3 / 4 / 5 / 6 /
By Carne No. at Hatch No.......................... Time Commenced
Derrick Time finished
CONTENTS AND STATE OF CONTENTS UNKNOWN
Marks Description Particulars of tally Total

Received copy of tally sheet

Agent‟s Representative Port Tally Clerk Total

[ Published by the Ministry of ( Transport Wing ) in Part II Section 3, Sub- Section (i) of the Gazette of
India Extra Ordinary dated 29-2-1964 under G. S. R. No. 297 ]
 THE COCHIN PORT EMPLOYEES ( TEM-
PORARY SERVICE ) REGULATIONS, 1964.

G.S.R. 311 : - In exercise of the powers conferred by Section 126, read with Section 28
of the Major Port Trusts Act, 1963 ( 38 of 1963 ), the Central Government hereby makes
the following regulations, namely :-
1. Short Title, Commencement and Application :- (1) These Regulations may
be called the Cochin Port Employees ( Temporary Service ) Regulations, 1964.
(2) They shall come into force on the 29th day of February, 1964.
(3) They shall apply to all persons who hold a post under the Board but who do not
hold a lien on any post under the Board. These regulations shall not, however, apply to :-
(i) Employees engaged on contracts ;
(ii) Employees not in whole time employment;
(iii) Employees paid out of contingencies;
(iv) Persons employed in extra temporary establishment, if any, or in work charge
establishments;
(v) Such other categories of employees as may be specified by the Board.
2. DEFINITIONS : In these regulations, unless the context otherwise requires:-
(i) “Appointing Authority” means the authority empowered to make appointment to the
post under the Cochin Port Employees ( Classification, Control and Appeal ) Regulations, 1964.
(ii) “Board”, “Chairman”, “Deputy Chairman”, and “Head of Department” shall have
the same meanings assigned to them in the Major Port Trusts Act, 1963.
(iii) “ Employee ” means an employee of the Board;
*(iv) ( Deleted )
**(v) ( Deleted )
(vi) “temporary service” means officiating service in a temporary or in a permanent
post under the Board;
(vii) “service” under the Board means temporary service under the Board.
*3. COUNTING OF SERVICE :-
( Deleted )
*4. ( Deleted )
@ 5 Termination of Temporary service:-
(1) (a) The services of a temporary employee shall be liable to termination at any
time by a notice in writing given either by the employee to the appointing authority or by the
appointing authority to the employee;
@ Substituted vide G. S. R. No. 644 (E) dated 16-8-94
* Deleted vide G. S. R. No. 644 (E) dated 16-8-94
 (b) the period of such notice shall be one month; provided that the service of any such
employee may be terminated forthwith and on such termination the employee shall be entitled to
claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the
same rates at which he was drawing them immediately before the termination of his services or, as
the case may be, for the period by which such notice falls short of one month.
NOTE: The following procedure shall be adopted by the Appointing Authority while serving
notice on such employee under Clause (a):-
(i) The notice shall be delivered or tendered to the employee in person.
(ii) Where personal service is not practicable, the notice shall be served on such employee
by registered post with acknowledgement due at the address of the employee available
with the appointing authority
(iii) If the notice sent by Registered post is returned unserved, it shall be published in the
Official Gazettee and upon such publication, it shall be deemed to have been personally
served on such employee on the date it was published in the Official Gazette.
2. (a) Where a notice is given by the Appointing Authority terminating services of temporary
employee, or where the services of such employees are terminated either on the expiry
of the period of such notice or forthwith by payment of pay plus allowance, the Board
or any other authority specified by the Board in this behalf or a Head of Department, if
the authority is subordinate to him, may, of its own motion or otherwise, re-open the
case, and after making such enquiry as it deems fit,-
(i) Confirm the action taken by the Appointing Authority;
(ii) Withdraw the notice,
(iii) re-instate the employee in service, or
(iv) make such other order in the case as it may consider proper.
# Provided that except in special circumstances, which should be recorded in writing, no
case shall be reopened under this Sub-regulation after the expiry of three months :
(i) from the date of notice, in a case where notice is given;
(ii) from the date of termination of service, in a case where no notice is given;
(b) where an employee is reinstated in service under Sub-regulation (2), the order of rein-
statement shall specify -
(i) the amount of proportion of pay and allowances, if any, to be paid to the employee for
the period of his absence between the date of termination of his service and the date of
his reinstatment, and
(ii) “whether the said period shall be treated as a period spent on duty for any specified
purpose or purposes.”
* 6,7,8 and 9 deleted
10. Not withstanding anything contained in Regulation 5, the service of a temporary em-
ployee may be terminated at any time without notice, on his being declared physically unfit
for continuance in service by an Authority who would have been competent to declare him
as permanently incapacitated in service had his appointment being permanent.
# Inserted vide G. S. R. No. 81 (E) dt. 8-2-96
* Deleted vide G. S. R. No. 81 (E) dt. 8-2-96
 (1-B) In the case of a temporary employee who retires from service on attaining the age
of superannuation or on his being declared to be permanently incapcitated for fur-
ther service under the Board by the appropriate medical authority, after he has
rendered temporary service of not less than ten years or who has sought Voluntary
retirement by giving three month‟s notice in writing on completion of 20 years,
provisions of the Sub-Regulation (1) shall not apply and in accordance with the
provisions of Central Civil Services ( Pension ) Rules, 1972.
(i) Such an employee shall be eligible for the grant of superannuation, invalid, or retir-
ing pension, as the case may be, and retirement gratuity; and
(ii) In the event of his death after retirement, the members of his family shall be eligible
for the grant of family pension.
(2) In the event of death of a temporary employee while in service, his family shall be
eligible for family pension and death gratuity at the same scale and under the same
provisions as are applicable to permanent employees under the CCS ( Pension )
Rules, 1972.
11.Terminal gratuity payable to temporary employees.
* (1) Subject to the provisions of sub-regulation 1 (B), a temporary employee who re-
tires on superannuation or is discharged from service or is declared invalid for further ser-
vice shall be eligible for gratuity at the rate of -
(a) One half of a month‟s pay for each completed year of his service, if he had com-
pleted not less than five years continuous service at the time of retirement dis-
charge or invalidment;
(b) One month‟s pay for each completed year of his service subject to a maxium of
fifteen month‟s pay or fifteen thousand rupees, whichever is less, if he had com-
pleted not less than ten years‟ continuous service at the time of retirement , dis-
charge or invalidment;
Provided that the amount of terminal gratuity payable under this Sub-Regulation shall
not be less than the amount which the employee would have got as a matching Board‟s
Contribution to the Provident Fund . If he was a member of Contributory Provident Fund
scheme from the date of his continuous temporary service subject to the condition that the
matching contribution shall not exceed 10 percent of his pay.
** (1-A) In the case of a temporary employee who is compulsorily retired from service
as a disciplinary measure, the provisions of sub-regulation (1) shall apply subject to the
modification that the rate of gratuity payable in his case shall not be less than two thirds of,
but in no case exceeding, the rate specified in clause (a) or , as the case may be, clause (b)
of Sub-Regulation (1)
(3) No gratuity shall be admissible under this Regulation to an employee.
(a) who resigns his post or who is removed or dismissed from service as a disciplinary
measure.
(b) who is re-employed after retirement on superannuation or retiring pension.
* Substituted vide G S R No. 644 ( E ) dt. 16 - 8 -94
** Inserted vide G S R No. 81 ( E ) dt.8-2-96
 Provided that a temporary employee who resigned from service to taken up, with prior
permission, an appointment under a corporation or company wholly or substantially owned
or controlled by the Government or in or under a Body controlled or financed by Govern-
ment shall be paid terminal gratuity at the rate prescribed under Sub-Regulation (1) in re-
spect of service rendered by him under the Board.
Provided further that a temporary employee who has been absorbed in a Central Au-
tonomous Body, with the permission of the competent authority, shall have an option to
count the service rendered under the Board, for the purpose of pension under the Autono-
mous Body if it has a pension scheme, instead of drawing the terminal gratuity under the
frist proviso.
Explanation:- For the purpose of this Sub-Regulation.
(i) “Central Autonomous Body” means a body which is financed wholly or Substan-
tially from cess or Central Government grants and includes a Central Statutory
Body or a Central University but does not include a Public Undertaking falling
under purview of the Bureau of Public Enterprises;
(ii) “financed substantially” means that more than 50 percent of the expenditure is met
by Cess or Central Government grants.
(4) Where gratuity under this sub-regulation is paid in respect of an employee who is
not covered by Rule 54 of the C.C.S. (Pension) Rules, 1972 no other gratuity or pensionary
benefit is payable.
(5) For the purpose of this regulation:-
(a) Gratuity shall be calculated on the basis of pay which the employee was receiving
immediately before his retirement or on the date of his death.
(b) “pay” shall mean-pay reckoned for calculation of pension.
(c) Period of extraordinary leave, if any, availed by the employee concerned shall be
taken into account for computing completed service on the same basis as it is taken
into account for the purpose of calculation of pension and retirement gratuity /
death gratuity under Rule 21 of the C.C.S. ( Pension ) Rules, 1972, as amended
from time to time and
*(d) An increment earned during the currency of earned leave not exceeding 120 days
or during the first 120 days of earned leave exceeding 120 days expiring on the
date of retirement, though not actually drawn, shall form part of the pay for the
purposes of calculating terminal / death gratuity.
** 13. Interpretation :
If any question arises relating to the interpretation of this regulations, it shall be
referred to the Central Government who shall decide the same.
Published in the Kerala Gazette
dated 26-7-1977
* Substituted vide G.S.R.No.81 (E) dt.8-2-96.
* Substituted w.e.f 26-7-77 vide Notfn. No.P2/1771/(I)77 dt. 5-7-77
 THE COCHIN PORT EMPLOYEES ( LE AVE
TRAVEL CONCESSION ) REGULATIONS, 1964
G.S.R. 312 :- In exercise of the powers conferred by Section 126, read with Section 28
of the Major Port Trust Act 1963 ( 38 of 1963 ) the Central Government hereby makes
the following regulations, namely:-

1. Short title and commencement:- (1) These regulations shall be

called the Cochin Port Employees ( Leave Travel Concession ) Regulation, 1964.
(2) They shall come into force on the 29th February, 1964 .
2. Interpretation:- In these regulations, unless the context otherwise requires:-
(1) „Accounts Officer‟ means the Financial Adviser & Chief Accounts Officer of the
Board
(2) „Board‟, „Chairman‟, „Deputy Chairman‟ and „ Head of a Department‟ shall
have the meanings assigned to them in the Major Port Trust Act, 1963.
(3) „Concession‟ means the leave travel concession admissible under these regula-
tions.
(4) „Employee‟ means an employee of the Board.
* (5) First, Second , Third, and Fourth Grade employees will have the same meanings
assigned to them in the rule applicable to an employee, as amended from time to time, for the
purpose of travelling allowance.
3. Extent of application :- (1) The concession is admissible to the Board’s
employees of all grades including :-
(a) The industrial and work-charged staff who are entitled to regular leave;
(b) The officers appointed on a contract basis if the period of contract is more than
one year, and re-employed officers on completion of one year‟s continuous service.
(2) The concession is not admissible to persons who are
(i) not in the whole - time employ of the Board, or
(ii) paid from contingencies.
(3) The concession is not admissible to an employee who has not completed one year
of continuous service on the date of the journey performed by him or his family, as the case may be.
The condition of one year‟s continuous service on the date of the Journey for admissiblity
of the concession is applicable equally to permanent employees and probationers as well as the
temporary and officiating employees.
* 4. Frequency of entitlement :- (1) The concession shall be admissible to
the employees.
(i) Once in a period of two calender years for visiting his home town;
* Substituted w. e. f. 22-6-76 vide Notification No. P.O. M./ 32 / 74 dated 10-6-76
approved vide Mty. of S & T letter No. PEX ( 31 ) / 76 dated 3/6-5-1976.
 (ii) Once in a period of four calender years for journeys to any place in India.
*Note: Unmarried employees who have left their wholly dependent parents, sisters and minor broth-
ers at their home town may also avail of the benefit of Leave Travel Concession to visit their home town
every year. This concession will be in lieu of all other Leave Travel Concession facilities admissible to
the employee himself and the aforesaid parents, sisters and minor brothers”
It shall cover the employees and their families as defined hereunder.
Explanation I. The term “Once in a period of two calender years” means once in each block
of two calender years starting from the year 1976. Thus the concession on the first occassion will be
admissible during the block of two consecutive years 1976-77 on subsequent occaassions it will be
admissible during the calender years 1978-79,1980-81 and so on.
Explanation II. The term “ Once in a period of four calender years” means once in each block
of four calender years starting from the year 1976. Thus, the concession on the first occassion will be
admissible during the block of four consecutive years 1976- 79. On subsequent occassions it will be
admissible during the calender yearss 1980-83, 1984-87 and so on. Employees who are entitled to
the concession for journeys to their home town shall also be eligible to avail themselves of the conces-
sion for journeys to any place in India once in a block of for years but, if this concession is utilised it will
be in lieu of and adjusted against the concession for journeys to home town including the concession,
if any, carried forward to which they may be entitled at the time the journey to any place in India is
undertaken. Such employees shall be entitled to carry forward the concession to travel to any place in
India to the first year of the next block of four years only if they are entitled to a carried forward
concession to home town for that year.
It is also clarified that in the case of such employees as have carried forward the concession to the
home town pertaining to the block 1974-75 to 1976, only one out of the three journeys ( including the
above carried forward ) that they are entitled to in the block of years 1976-79 can be utilised for
performing a journey to a place other than the home town. In view of the provision for carry forward,
this journey can either be performed in the period 1976-79 or if not performed, it can be carried
forward to 1980, the first year of the next block provided the concession for the home town for the
block year 1978-79 has not been utilised
(2) An employee who has a family living away from his place of work may instead of
having the concession for his family as well as for himself once in a block of two years, avail
of the concession for himself alone once every year during each block for visiting his home town.
(3) The employees and their families who are unable to avail themself of the concession in a
block of two years or four years as the case may be, may be permitted to avail of the concession before
the end of the first year of the next block.
Illustration :- In a case where the employee and his family could not avail themselves of the
concessions in the 1976-77 block / 1976-79 block they may avail of it in the year 1978/80, as the case
may be. The concession due for 1976-77 block should, however, be availed of by them before 31st
December, 1978 and that due for 1976-79 block before 31st December, 1980. In case they fail to
avail themselves of the concessions before that date, their title to the concession for that block shall be
treated as having lapsed. The benefit of the concession shall be available to the employees and their
families separately. The usual prescribed blocks, namely , 1976-77, 1978-79 etc. 1976-79, 1980-
83 etc. as the case may be, shall remain unchanged.
(4) In the event of the return journey falling in the succeeding year, the concession shall
be counted against the year in which the outward journey had commenced.
* Inserted vide Mty‟s Notification F No. PR-12016/25/94-PE-II and published in the Gazet-
ted of India under G.S.R. 596 (E) dated 27-7-94
*5.Entitlement :-
(1) Every employee shall be entitled to Leave Travel Concession for visiting his / her home
town / any place in India and the Board shall reimburse the actual fares in full for the entire distance. In
every case, the journey should be to the „ home town‟ and back or to „any Place in India‟ and back, as
the case may be, and the claim should be for both outward and return journeys. The journey need not
necessarily commence from or end at the head quarters of an employee either on his/her own case or in
the case of his/ her family. But the assistance admissible shall be the amount admissible for the actual
distance travelled, limited to the amount that would have been admissible had the journey been performed
betweeen the head quarters and the home town of the employees or any place in India, as the case may be.
(2) An employee may travel in any class, higher or lower but the Board‟s assistance shall
be limited to the actual fare for accomodation by the entitled class or lower class as the case may be, to
the extent actually used, at single rate for the employee himself / hereself and each entitled member of
his / her family for whom full fares are payable and at half the rates for children between the ages of five
and twelve years for whom half fares are payable.
***6. Definition of family :- The term „ family‟ means an employee‟s wife or
husband, as the case may be, residing with the employee, legitimate children and stepchildren, parents,
Step-mother, unmarried sisters and minor brothers residing with and wholly dependent upon the em-
ployee. Where the spouse of an employee is also employed in the Board‟s service / State or Central
Government Departments / Public sector Undertaking / Corporations / Autonomous Bodies / Local
Bodies etc. which provide Leave Travel Concession facilities the claim for the concession shall be
preferred by one of them only and not both and the concession shall be admissible to the family on the
scale admissible to the husband or wife, as the case may be.
Only one wife is inclued in the term „family‟
An adopted child shall be considered to a legitimate child. If under the personal law of the
employee, adoption is legally recognised as conferring on it the status of a natural child.
Major sons and married daughteres who have been divorced abandoned or seperated from
the husband ( including widowed daughters ) are included in the term „family‟ so long as they are
residing with and wholly dependent upon the employee.
Widowed sisters residing with and wholly dependent upon the employee ( provided their
father is either not alive or is himself wholly dependent on the employee concerned ) are also included
in the definition of „family‟.
A member of the family whose income from all sources including pension ( inclusive of
temporary increase in pension and pension equivalent of DCRG benefit ) or stipent etc does not
exceed Rs 500 p.m is deemed to be „wholly dependent‟ upon the employee.
***Note :1. For spouse and minor children including unmarried daughters the condition „residing
with‟ has been waived. In the case of other members failing within the definition of „family‟, the existing
conditions and restrictions will continue to be in force.
Note : 2. In cases where the employee has left his / her spouse and the dependent children at
place other than his / her Headquarters, he may be allowed Leave Travel Concession in respect of them
from the place of their residence to home town in a block of 2 years or any place in India in a block of
4 years, as the case may be but the reimbursement should in no case exceed the actual distance
travelled by the family or the distance between the Headquarters / place of posting of the employee and
the place visited / home town, whichever is less.
** 7.Employees and family independent units:- An employee and the
members of his family may travel either independently or together as may be convenient to them and the
claim for reimbursement in respect of the journey of the one need not depend on the journey performed by
* Substituted vide Notification No PR-12016/14 / 87-PE I published under GSR 336(E) dt. 10-3-88
** Substituted w. e. f. 29-7-78 vide Notfn, No.PEX 34/78 dated 7-7-78 published under G.S.R. 963
dated 29-7-78.
*** Substituted Ministry‟s Notification F.No. PR-12016/25/94/PE-II and published vide GSR No.
596 (E) dt. 27-7-94
the other. The members of the family of an employee (other than those who actully accompany him)
may either travel together or separately in different groups as may be convenient to them . Where they
travel in different groups at different times, reimbursement of expenditure shall be allowed in respect of
each such group if the outward journey is performed during the currency or the block in respect of
which the first group performed its journey and the return journey of each group is completed within six
months from the date of commencement of the outward journey by that group. This condition may be
relaxed in special cases - by the Chairman or the Deputy Chairman. Carry forward of the concession
by those groups who have not availed of it shall be permitted even if the other groups have availed of it
during the block period itself.
8.Home Town :- „Home town” means the permanent home town or village as entered in the
service book or other appropriate official record of the employee concerned or such other place as
has been declared by him, duly supported by reasons such as, ownership of immovable property,
permanent residence of near relatives, e.g. parents, brothers etc. as the place where he would normally
reside but for his absence from such a station for service in the Board. The criteria mentioned below
may be applied to determine whether the employee‟s declaration of home town may be accepted.
(i) Whether the place declared by the employee is the one which requires his physical presence
at intervals for discharging various domestic and social obligations, and.if so, whether after
his entry into service, the employee had been visiting that place frequently;
(ii) Whether the employee owns residential property, in that place or whether he is a member of
a joint family having such property there;
(iii) Whether his near relations are resident in that place;
(iv) Whether, prior to this entry into the Board‟s service, the employee had been living there for
some years.
The criteria, one after the other, need be applied only in case where the immediately preceding
criterion is not satisfied. Where the employee or the family of which he is a member owns residential or
landed property in more than one place, it shall be left to the employee to make a choice of any such
place as his home town giving reasons for the same, provided that the decision of the Chairman or
Deputry Chairman whether or not to accept such a place as the home town of the employee shall be
final. Where the presence of near relations at a particular place is to be the determining criterion for the
acceptance of declaration of „home town‟, the presence of near relations should be of more or less
permanent nature.
9.Declaration of Home Town:-
(I) Every employee shall make a declaration of his home-town within six months from the date of
commencement of these regulations. Every new entrant to the Board‟s service shall make a declaration
as to his home town before the expiry of six months from the date of his entry into the Board‟s service.
* Note : Where both husband and wife are employed in the Board‟s service, or either of them is
employed in the State Or Central Government Department / Public Sector Undertakings / Corpora-
tions/ Autonomous Bodies / Local Bodies etc. which provide Leave Travel Concession facilities, they
could,at their option, choose to declare seperate home town and both of them may claim the conces-
sion separately under the normal provisions of Regulations / Rules in respect of the members of their
respective families subject to the condition that if husband or wife avails the facility as a member of the
family of the other, he or she will not be entitled for claiming the concession for self independently .
Similarly, the children shall be eligible for the benefit in one particular block as members of the family of
one of the parents only. All other conditions for admissibility of the Leave Travel Concession shall
continue to be applicable as per normal provisions of the Regulations.
* Inserted vide Ministry‟s Notification F.No. PR-12016/25/94/PE-II and published under
G.S.R.No. 596 (E) dated 27-7-94
 * (2) The declaration made by an employee shall be subject to in each case to the ac-
ceptance by the Authority competent to sanction the concession who shall satisfy himself about
the correctness thereof after calling for such evidence as he may consider necessary. The effec-
tive date of declaration of home town shall be the date on which employee made it and not the
date of its acceptance by the competent authority or the date of communication conveying such
acceptance.
(3) A declaration of „home town‟ once made shall ordinarilly be treated as „ final‟ but
in exceptional circumstances the Chairman or Deputy Chairman may authorise a change in such
declaration provided that such a change shall not be made more than once during the period of
service of the employee. In the case of person on deputation to the Board, such requests shall be
effected only with the approval of the lending authotity.
* (4) The declaration of home town made after the prescribed time limit may be ac-
cepted by the authority competent to sanction the concession, against the one chance for changing
the declaration of home town and this shall be treated as a final declaration of home town and no
further change of home town shall be allowed in such cases.
* (5) The authority competent to sanction the concession shall maintain a register of
home towns in respect of the employee under his control.

10.Journey between places Connected by Rail :

(1) The class of railway accomodation to which an employee and his family shall be
entitled is the class to which he is entitled under the normal travelling allowance rules at the time
the journeys are undertaken. It is permissible for an employee or his family or both to travel in a
class higher or lower than that to which he or his family is entitled; in the former case ** [ the
Board‟s liability under sub-regulation (1) of regulation 5 ] shall be restricted to [ ] the fare by the
class to which the employee is entitled and in the latter case [ ] the fare by the class in which the
employee or his family had actually travelled.
** (2) An employee or members of his / her family may avail of any concessional return
journey tickets offered by the railway authorities (i.e) seasonal concession, students concession
etc. in conjuction with the leave travel concession. It will be permissible while utilising such a
concessional ticket to travel in any class, higher or lower than the entitled class. In such cases,
both in respect of journeys to „Home Town‟ and „any place in India / in India‟, the amount reim-
bursable shall be the fare for the shortest route between the headquarters and home town‟ / ‟ any
place in India „ as the case may be, calculated on the basis of the concessional fare charged.
* (3) An employee who is normally entitled to travel by the first class or second class,
may travel by 3rd class in the delux air-conditioned train while availing himself / herself of the
concession. The cost on account of the surcharge over the third class fare which is levied in such
a case shall be borne by the Board in full.

* Substituted vide Notification No. PR 12016 / 14 / 87-PE. I published under GSR 336 (E)
dated 10-3-88
** Substituted w. e. f. 1-9-78 vide Mty. of S & T Notfn. No.PW / PEX -29 /79 dated 20-3-81
published in the Gazette of India dated 2-5-81 under GSR 446.
 (4) An employee ( or his family members ) normally entitled to travel by I or II class of
railway accommodation may travel by III class and avail of the sleeper accommodation. In such
cases extra cost incurred for sleeper accommodation shall be borne by the Board.
(5) Employees of the third and fourth grades may travel by mail or express trains when
availing themselves of the concession, and may claim reimbursement accordingly. In such cases,
a certificate to the effect that the journey was actually performed by a mail or express train should
be recorded by the claiment on his Travelling allowance bill.
* (6) When an employee or any member of his / her family performs the journey by a long
route ( which is not the cheapest ) in to different classes of railway accommodation, for example,
partly by second class to which he / she is entitled and partly by third class, the entitled class rate
is admissible for the corresponding proportion of the shortest or the cheapest route and the lower
class rate for the remaining mileage by such route.
*(7) Where an employee or his / her family or both travel (s) by air or by road or by steamer,
between two places connected by rail the Board‟s assistance shall be limited to what would have
been admissible had the employee or his/ her family travelled by rail in the authorised class or the
actual expenses, whichever is less. In the case of travel by road, no assistance shall be allowed
for journeys performed by private cars, private chartered vehicles, vehicles taken on hire by pri-
vate parties from Tourism Development Corporation or State Transport Corporation or Transport
undertakings of local bodies and run on charter by such private parties and vehicles owned or
borrowed or hired by the employees of the Board / Government servants. However, Board‟s
assistance shall be allowed in case the employee or any member of his / her family performs the
journey by private buses operating as regular transport service from point to point ( as distinct
from private chartered buses ) at regular interval on fixed fare rates; with the approval of the
Regional Transport Authority / State Government (s) concerned.

11. Journeys between places not connected by rail :-

* (1) The Board‟s assistance for journeys between places which are not connected by rail
shall be admissible to the employees as under :-

* (i) For the journey which is covered by a recognised public transport system operated by
Tourism Development corporations, State Transport Corporations and Transport ser-
vices run by other Government or local bodies, theBoard‟s assistance shall be allowed
on the basis of the fares actually charged by such a system for the appropriate class of
accommodation. Where there are more than one class of accommodation the appropri-
ate class may be determined as follows :-

(a) Where there are only two classes, employees drawing pay Rs.500/- per mensem or
above shall be entitled to the higher class and those drawing pay less than Rs.500/- per
mensem shall be entitled to the lower class.

* Substituted vide Notification No. PR 12016 / 14 / 87-PE. I under GSR 336 (E) dated 10-3-88
 (b) Where there are more than two classes, employees drawing pay of Rs.500/- per mensem
or above shall be entitled to the highest class, those drawing less than Rs.500/- per mensem other
than Class IV employees shall be entiled to the second highest class and class IV employees shall
be entitled to the lowest class:
* Explanation :-
The term “recognised public transport system” means vehicles operated by Tourism
Development Corporations, State Transport Corporations and Transport service run by other
Government or Local Bodies otherwise than on Charter and includes private buses operating as
regular transport service from point to point ( as distinct from private chartered buses) at regular
intervals on fixed fare rates, with the approval of the Regional Transport Authority / State Govern-
ment (s) concerned .
*(2) In respect of places which are not connected by rail, the employee may travel by
steamer or air where an alternative means of travel is either not available or is more expensive. In
such cases, the surface journey to the nearest Port shall be regulated under the normal „Leave
Travel concession rules and the Sea Passage shall be regulated in accordance with the provisions
of SR 40.
*(3) Where an employee or his / her family or both travel (s) by air or road or steamer
between two places not connected by rail, Board‟s assistance shall be allowed on the basis of
actual fares at single rate for the employee himself / herself and each entitled member of his / her
family for whom full fares are payable and at half the rates for children between the ages of five
and twelve years for whom half fares are payable.

12.No incidentals admissible:- No incidental expenses shall be admissible for

journeys performed under the concession.

13.* Concession based on shortest route :- The employee or his / her

family may travel by any route or halt any where on the way to or from home town / any place in
India, as the case may be, but the Board‟s assistance for the cost of railway fare between the
Employee‟s headquarters and his / her home town / any place in India as the case may be, shall be
limited to the fare, by the shortest route calculated on a through ticket basis.

** Provided that in cases where the shortest route by which the journey is required to be
performed is disrupted due to accidents or other causes, the reimbursement by the actual route
travelled shall be granted.
Explanation : The term „shortest route” shall carry the same interpretation as recognised for
travel on duty.

* Substitutied vide Notification No. PR12016 / 14 / 87-PE. I published under GSR 336 (E)
dt.10-3-88
** Inserted w. e. f. 29-7-78 vide Mty of S & T Notfn. No.PEX-34 / 78 dated 7-7-78 published
in the Gazette of India dated 29-7-78 under GSR 963.
*14. Journeys of Weighted Mileage :- If for a part or for the entire Leave
Travel Journey to the home town / any place in India, an employee has to pay railway fare on the
basis of an assumed or weighted mileage ( as for example, on the Kalka-Simla Section ) or at
inflated rates, ( for example, on the Siliguri-Dargeeling Section ), the employee concerned shall be
entitled to reimbursement of the actual railway fare ( inclusive of passanger tax ) from the railway
station nearest to his head quarters to his home town / any place in India for both the outward and
return journeys.

15.Concession for one way journey :- The concession shall be admissible

to the members of employee‟s family with reference to the facts existing at the time of the forward
and return journeys independently.
Illustrations :- I.Entitled to reimbursement in respect of the outward journey only.
(i) A dependent son or daughter getting employment or getting married after going to home
town / any place in India or remaining there for prosecution of studies.
(ii) The family having performed the journey to home town / any place in India have not
intention of completing the return journey from home town / any place in India provided the em-
ployee forgoes in writing the concession in respect of the return journey if performed by the family
members at a subsequent date.
II Entitled to reimbursement in respect of return journey only.
(i) A newly married wife coming from home town / any place in India to headquarters
station or wife who was been living at home town / any place in India and did not avail herself of
the leave travel concession in respect of the outward journey.
(ii) A dependent son or daughter returning with parents coming alone from home town/ any
place in India where he or she has been prosecuting studies or living with grand parents etc.
(iii) A child who was previously below three or twelve years of age but has completed three
or twelve years of age only at the time of the return journey.
(iv) A child legally adopted by an employee while staying in the home town / any place in
India.

*16. Leave Travel Concession in combination with transfer

or tour :-
(1) Where an employee going to home town any place in India on leave proceeds there
from on transfer to the new headquarters, he / she may be allowed as his / her minimum entitle-
ment, Transfer Travelling Allowance admissible under the rules. He / she may be allowed, in
addition, leave travel concession under these regulations, to the extent the distances from the old
headquarters to the home town / any place in India and from the home town / any place in India to
the new headquarters exceeds the total distance for which Transfer Travelling Allowance is admissible.

*Substituted vide Notfn. No. PR.12016 / 14 / 87-PE. I published under GSR (E) dt. 10-3-88.
 * Illustration :- If „A‟ is the old headquarters, „B‟ home town / any place in India and
„C‟ the new headquarters, the entitlement of the employee on account of leave travel concession
will be (distance AB plus distance BC) minus distance for which Transfer Travelling Allowance is
admissible.
(2) In a case where the distance for which the concession admissible as a above is negli-
gible, it will be open to the employee not to avail of it at all, he being permitted to avail of it on
some other occasion within the block period, subject to the other conditions being fulfilled. The
option has to be exercised in respect of self and the members of the family at the time of preferring
claim of Transfer Travelling Allowance, when the concession is not availed of, the concession
advance, if any, taken by the employee shall be adjusted against his transfer travelling allowance
entitlement.
(3) When an employee proceeds with proper prior permission to @ [ home town / any
place in India ] on regular leave from a tour station and returns to headquarters direct from @
[home town / any place in India ] travelling allowance as on tour may be allowed to him for the
journey from the head quarters to the tour station from which the employee proceeds to @ [ home
town / any place in India ] and the concession for the journey from tour station to @ [ home town
/ any place in India ] and back to headquarters, the tour station being deemed to be the starting
point for the onward journey.
(4) In case an employee proceeds to a tour station from @ [ home town /any place in India ]
with proper prior permission and returns to headquarters therefrom he may be allowed the con-
cession as admissible under these regulations from headquarters to @ [ home town / any place in
India ] and travelling allowance as on tour for the journey from @ [ home town / any place in
India ] to tour station and back to headquarters.
17.Concession Restricted within India:-
(1) The concession shall be restricted to journeys within India shall be admissible for jour-
neys between places connected by rail or partly connected by rail and partly conneted by road or
by steamer services and not connected by rail.
(2) An employee who declares, subject to the satisfaction of the chairman or Deputy Chair-
man that his home town is, outside India shall be entitled to the concession for visiting his home
town. The Board‟s assistance in such a case shall be limited to the share of the fares for journeys
(i) upto and from the railway station ( by the shortest route ) nearest to the home town in India or
(ii) the railway station for the nearest port of embarkation / dis-embarkation in India.
Explanation :- In this regulation „nearest port „ means the port in India nearest to the
home town of the employee.
18.Nature of leave:
* (1) The concession shall be admissible in the case of journeys performed by the employees
during casual leave. ** [ including special casual leave ] and regular leave including,

* Substituted vide Notification No. PR 12016 / 44 / 87-PE I published under GSR 336 (E)
dated 10-3-88
@ Substituted w. e. f. 22-6-76 vide Notfn. No.P./ OM / 32 / 74 dated 10-6-76 approved vide
Mty. of S & T letter No. PEX ( 31 ) / 76 dated 3 / 6 5-76.
medical leave, leave on average pay, earned leave, leave on half-average pay, or extra ordinary
leave, maternity leave. The concession shall not be admissible to an employee who proceeds on
leave and then resigns his post without returing to duty. The above mentioned condition shall not
apply to journeys performed by the members of family of the employee:-
* The concession shall not be admissible to an employee under suspension however members of
his family are entitled to the concession
* Provided that no leave Travel Concession is admissible when an employee undertakes a journey
during the weekend or any other period of holidays alone
@ (2) The concession shall be admissible to an employee and his family during leave prepara-
tory to retirement provided that the return journey is completed before the expiry of leave and that
the concession had not been availed of earlier during that particular block of calender years.
* (3) The concession shall be admissible to the employee while on study leave. In such cases,
the claims are to be regulated as under:-
(a) For self:
Employee can avail leave travel concession from the place of study to any place in India /
home town, subject to the condition that the reimbursement of fare should be restricted to the fare
admissible for travel between his Headquarters station and any place in India home town or
actual expenditure, whichever is less.
(b) For the family members :-
(i) When the family members are staying with the employee at the place of his study: the
reimbursement will be as indicated at (a) above.
(ii) When not staying at the place of his study : the reimbursements will be as under the
normal terms and conditions of the Leave Travel Concession.
(4) An employee or his family members or both shall be entitled to the concession irrespec-
tive of the actual period of stay in his home town / any place in India.
19.Contract employees :- Every employee appointed on contract basis shall be
eligible to the concession on completion of one year‟s continuous service if the period of contract
is more than one year . Where the initial contract is for one year but is later extended, the total
duration of the contract shall be taken into account for this purppose. The grant of the concession
to employees on contract shall be subject to the condition.
(i) That the successive blocks of two calender years / four calender years as the case may
be, in the case of such employees shall be reckoned from the actual dates of their joining posts
under the Board. If, however, an officer has joined a post in the port before 1st January 1976, the
first block should be reckoned from 1st January 1976, the 31st december 1977 or 1st January
1976 to 31st December 1979 as the case may be;
(ii) That the appropriate administrative authority certifies at the time the employee con-
cerned avail himself of the concession that he is likely to continue to serve under the Board for a
period of two years / four years, as the case may be, from the date of his joining a post under the
Board. The admissibility of the concession during the subsequent two year period / four year
period will also be subject to similar condition.
* Substituted vide Minisry‟s Notification F No. PR 12016 / 25 / 94-PE II and published under
GSR 596(E) dated 27-7-94
@ Substituted w. e. f. 29-7-78 vide Mty. of S & T Notifn No. PEX 34 / 78 dt.7-7-78
published in the Gazette of India dt. 29-7-78 under GSR 963
20.Retired employees re-employed :-
Retired employees who are re employed are eligible to the concession on completion of
one years‟s continuous service, subject to the conditions, laid down in Regulations 19. But in case
of re-employment immediately after retirement, the period of re-employed service may be treated
as continuous with the previous service for the purpose of this concession and the concession
allowed for the re-employed period provided that the concession would have been admissible to
the employee had he not retired,.
*21.Mode of preferring claim:-
Cash reimbursement of the fare shall be made on presentation of claims in Travelling Allow-
ance bill forms with the usual certificate to the effect that they had actually performed such jour-
neys and travelled by the class of accommodation not lower than the one for which reimbursement
is claimed.
22.Prescribed Certificates:-
Two certificates, one from the controlling officer and the other from the employee con-
cerned as at appendixes I and II shall be submitted to the Accounts Officer along with Travelling
Allowance bills for travel concession.
23.Obligatory Evidence:-
The employee shall inform the Chairman or Deputy Chairman before journeys for
which assistance under these regulations is claimed are undertaken. He shall also produce evi-
dence of his having actually performed the journey, for example, serial numbers of railway tickets,
cash receipt etc.., relaxation of a minor nature viz. in respect of production of serial numbers of
railway tickets or cash receipts for railway tickets, prior intimation to the Chairman or Deputy
Chairman before the journeys are undertaken by the employee or their families or both under
these regulations may be made by the Chairman or Deputy Chairman if he is otherwise satisfied
in regard to the genuineness of the claim and the bonefides of the journey having been performed.
There shall be no objection to such relaxation being made by the Chairman himself purely on
merits in really deserving cases and not as a general measure.
24.Record of Assistance:-
A record of all assistance granted under these regulation shall be suitably maintained. In
the case of class III and class IV employees the record should be in the form of entries in the
service book or other appropriate records and should indicate the date or dates of the journey or
journeys to the ** [ home town / any place in India ] commenced. The authority responsible for
the maintenance of the service record shall ensure that on every occasion an employee proceeds
on leave, the fact that he availed of leave travel concession is indicated in the record.
25.Advance :-
To enable the employees to avail of the travel concession an advance may be made on
the following terms and conditions, namely:
(a) The amount of advance in each case shall be limited to @ ninety percent of the
estimated amount which Board would have to reimburse in respect of the cost of journeys both
ways to the * [ home town / any place in India ] and back
* Substituted w.e.f. 1-9-78 vide Mty. of S & T Notfn. No.PW / PEX -29 / 79 dated
20-3- 81 published in the Gazette of India dt. 2-5-81
** Substituted w.e.f. 22-6-76 vid Notfn. No. P / OM / 32 / 74 dated 10-6-76 approved vide
Mty. of S & T Lr. No. PEX (31) / 76 dt. 3 / 6 -5-76.
@ Substituted vide Notification No. PR. 12016 / 22 / 88 - PE. Idt. 12-12-88 published G.O.I
Gazette dated 12-12-88 under GSR 1172 (E)
 (b) Where the employee and members of his family avail themselves of leave travel conces-
sion seperately i. e., at different time, the advance may be drawn seperately to the extent
admissible and adjustments of claims may me made seperately. Where however, a con-
solidated advance is drawn by the employee in respect of the members of his family, the
adjustment claim shall be prepared in a single bill;
(c) The advance may be drawn for both the outward and return journeys of the mployee of
the members of his family of both at the time of commencement of the outward journey,
provided that the period of leave taken by th employee or the period of anticipated
absence of the members of the family does not exceed three months or 90 days. Where
the period of leave or the period of anticipated absence exceeds the said limit, the
advance may be drawn for the outward journey only. Where an advance has been
drawn for both the outward and the return journeys and later it becomes clear that the
period of absence of either the employee or the employee‟s family from headquarters is
likely to exceed the said limit; one half of the advance should be refunded to the Board
forthwith;
(d) The advance in respect of temporary employees and their families will be sanctioned
subject to the production of by them of surety of a permanent employee.
* (e) In the case of journey otherwise than by rail, the advance shall be refunded forthwith if
the outward journey is not commenced within 30 days of the grant of the advance, In
the case of journey by rail, the advance shall be refunded forthwith if the outward jour-
ney is not commenced within 60 days of the grant of the advance. In the latter case, the
employee should, however, produce railway cash receipts within 10 days of the drawal
of advance to show that he has actually utilised the amount to purchase the tickets,
failing which the amount shall be refunded forthwith.
(f) The Travelling Allowance claim in adjustment of the advance drawn should be prepared
within one month of completion of the return journey.
(g) The account of advance drawn for leave travel journey will be rendered after comple-
tion of the journeys in the same way as for an advance of Travelling Allowance on tour;
(h) The adjustment of the advance will be watched through objection book by the Accounts
Officer.
** (i) If an employee violates the conditions specified in sub-regulation (e), the amount of
advance shall, from the date of its disbursement carry interest as applicable to advance
for the purchase of Conveyance ( other than motor car ) plus penal interest at 2-1 /2
percent over and above the prescribed rate of interest.
26.Head of Account:-
The expenditure on the concession of the advance granted in that connection shall be
debited to a seperate detailed head “Travel concession” under the Sub-Head „Allowances Hono-
raria, etc.‟ subordinate to the appropriate final head of account to which they pay, etc. of the
employees concerned is debited.
* Substituted w.e.f. 21-7-79 vide Mty. of S & T Notfn. No. PEX -30 /79 dated 7-7-79
published in the Gazette of India dated 21-7-79 under GSR 973.
** Inserted vide Notification No. PR. 12016 / 14 / 87 - PE -I published under GSR 336
(E) dated 10-3-88.
* 27. Interpretation:-
If any question arises relating to the interpretation of these regulations, it shall be re-
ferred to the Central Government who shall decide the same .

APPENDIX - I
Certificate to be given by the Chairman / Deputy Chairman
Certified:-

i. That Shri / Shrimati / Kumari ( name of the employee ) .............................................

....................................................... has rendered continuous service for one year

or more on the date of commencing the outward journey;
ii. That necessary entries as required under Regulation 24 of these Regulations have been

made in the Service Book of Shri / Shrimati / Kumari ...............................................

.............................................................................................................................

Signature of the Chairman / Deputy Chairman

* Substituted w.e.f. 26 -7-77 vide Notfn. No. P2 / 1771 (II)/ 77 dated 5-7-77 approved
vide Mty. of Shipping & Transport Notification dated 14-6-77.
 APPENDIX - II
Certificate to be given by an employee
1. I have not submitted any other claim so far for Leave Travel Concession in respect of
myself or the members of my family in respect of the block of two years / four years
20 and 20
2. I have already drawn T.A. for the Leave Travel Concession in respect of a Journey

performed by me / my wife with.................................................................children.

This claim is in respect of the journey performed by my wife / myself with children one of
whom travelled with the party on the earlier occassion.
3. The journey has been performed by me/ my wife with children to the declared home

town / any place in India viz........................................................

4. Certified that my wife / husband for whom Leave Travel Concession is claimed by me is
employed in the Board‟s service ...............................( Name of the State / Central /
Government Department / Public sector Undertaking / Corporation / Autonomous Body
Local Body etc. ) which provides leave travel concession facilities, but she / he has not
perferred and will not prefer any claim on this behalf to her / his employer during any
year of the concerned block of 2 years / 4 years as the case may be seperately for
himself / herself of any member (s) of the family.
OR
** Certified that my wife / husband for whom Leave travel Concession is claimed by me is
not employed in the Board‟s service / any State / Central Government Department / any
public Sector Undertaking / Corporation / Autonomous Body financed wholly or partly
by the central Government or a Local Body which provides Leave Travel Concession
facilities to its employees and their families.

Signature of the employee.

* Substituted w. e. f. 10-3-88
** Strike out the portion not applicable.
Foot Note: The Principal regulations were published in the Gazette of India vide GSR No.312
dated 29-2- 1964. The regulations were subsequently amended vide the following
Notifications:-

1. No. P/ OM / 59 / 67 dated 18-11-67, published in Kerala Gazette dated 5-12-67.

2. No. P / OM / 32 / 74 dated 10-6-76, published in the Kerala Gazette dated 22-6-1976.

3. No. P2 / 1771 (II) / 77 dated 5-7-1977, published in the Kerala Gazette dated 26-7-1977.

4. No. PEX-66 /77 dated 29-10-77 G.S.R. No. 1581 dated 19-11-1977.

5. No. PEX-34 / 78 dated 7-7-78 G.S.R No. 963 dated 29-7-1978.

6. No. PEX 30 /79 dated 7-7-1979 G.S.R. No. 973 dated 21-7-1979.

7. No. PW / PEX-29 dated 20-3-1981 G.S.R. No. 446 dated 2-5-1981.

8. PR-12016 / 14 / 87 PE-I dated 10-3-1988 published in the G.O.I dated 10-3-1988 under
G.S.R. 336 (E).
 THE COCHIN PORT EMPLOYEES ( CONDUCT )
REGULATIONS, 1964
G.S.R: 313:- In exercise of the powers conferred by Section 126 read with Section 28 of
Major Port Trust Act, 1963 ( 38 of 1963 ), the Central Government hereby makes the following
regulations namely:-
1. Short title and Application:-
(1) These regulations may be called the Cochin Port Employees ( Conduct ) Regulations,
1964.
(2) They shall come into force on the 29th February 1964.
(3) Except as otherwise provided by or under these regulations, they shall apply to all persons
appointed to posts in connection with the affairs of the Cochin Port.
Provided that nothing in sub-regulation ( 2 ) of regulation 3, sub-regulations ( 5 ) and ( 6 ) of
regulation 4, regulation 9, explanation to sub-regulation ( 2 ) of regulation 10, regulation 11, sub-
regulation ( 2 ) of regulation 12, regulation 13, sub regulation ( 1 ), ( 2 ) and ( 3 ) of regulation
( 15 ), regulations 16, 17 and 18 shall apply to an employee drawing a pay not exceeding
Rs. 500/- per mensem and holding a class III or class IV post.
Provided further that nothing in the foregoing provision shall apply to any office which is mainly
concerned with administrative, managerial, supervisory, security or welfare functions.
2. Definitions:-
In these regulations, unless the context otherwise requires:-
(a) „Board‟, „Chairman‟, „Deputy Chairman‟ and „Head of Department‟ shall have the
same meaning as in the Major Port Trusts Act, 1963 ( 38 of 1963 ).
(b) „Government‟ means the Central Government;
(c) „employee‟ means an employee of the Board;
* (d) „members of the family‟ in relation to an employee includes
(i) The wife or husband,as the case may be of the employee, whether residing with the
employee or not but does not include a wife or husband, as the case may be seperated
from the employee by a decree or order of a competent Court;
(ii) Son or daughter or step-son or step-daughter of the employee and wholly dependent on
him, but does not include a child or step-child who is no longer in any way dependent on
the employee or of whose custody the employee has been deprived by or under any law;
(iii) Any other person related, whether by blood or marriage, to the employee or to the
employee‟s wife or husband and wholly dependent on the employee.
(e) „Prescribed authority‟ means the appointing authority as prescribed in the Cochin Port
employees ( Classification, Control and Appeal ) Regulations, 1964.
3.General:-
** (1 A ) Every employee shall, at all times-
* Substituted with effect from 18-8-1979 vide Ministry of Shipping & Transport Notification
No. PEX - 15 / 79 dated 31-7-79 published in the Gazette of India dated 18-8-79.
**Substituted Ministry‟s notification No.PR-12016/6/95 PE-I and published in the Gazette of
India under G. S. R. 366 ( E ) dt. 19-8-96.
 (i) maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of an employee of the Board.
(1B )(i) Every employee holding a supervisory post shall take all possible steps to ensure the
integrity and devotion to duty of all employees for the time being under his control and
authority.
(ii) No employee shall, in the performance of his official duties or in the exercise of powers
conferred on him, act otherwise than in his best judgement except when he is acting under
direction of his official superior and shall when he is acting under such direction, obtain the
direction in writing wherever practicable, and where it is not practicable to obtain the direction in
writing, he shall obtain written confirmation of the direction as soon thereafter as possible.
(iii) Every superior official giving the direction shall give it in writing as far as practicable, and
where it is not practicable, confirm such direction in writing immediately thereafter.
***(iv) Every employee holding a supervisory post shall take all possible steps to prevent / deter
commission of acts of sexual harasment of women, under their control, in work place.
Explanation I
An employee who habitually fails to perform the task assigned to him within the time set for
the purpose and with the quality of performance expected of him shall be deemed to be
lacking in devotion to duty within the meaning of clause ( ii of sub-regulation 1A )
Inserted vide G.S.R.No366 ( E ) dt.19.8.96
Explanation II
Nothing in clause (ii) of sub regulation (1) shall be construed as empowering an employee to
evade his responsibilities by seeking instructions from, or approval of, a superior officer or
authority when such instructions are not necessary under the delegation of powers.
** (1C) No Employee shall : -
(a) Act in a manner prejudicial to the interest of the Port.
(b) Be absent without sanctioned leave.
(c) Neglect work or show negligence in the performance of work including slowing
down of work.
(d) Commit any act which is subversive of discipline or of good behaviour.
(e) Abet or attempt to abet any act which amounts to misconduct.
(f) Act in subordination or disobedience in combination with others.
*** (g) Commit any act of sexual harassment of women in work place.
(2) No employee holding a Class 1 post shall, except with the previous sanction of the Board,
permit his son, daughter or any other dependent to aceept any employment with any firm or company
with which he has dealings in his capacity as such employee or with any other firm having dealings with
the Board.
Provided that where the acceptance of such employment by the son, daughter or other dependent
of such employee cannot await the prior permission of the board or is otherwise considered urgent, the
matter shall be reported by the employee to the Board and the employment may be accepted provi-
sionally subject to the permission of the Board.
** Inserted with effect from 12-12-88 vide notification No.PR-12013 / 10 / 88-PE-1 dated 12-12-88
published in Gazette of India dated 12-12-88 under GSR 1170 (E)
*** Substituted vide Notification No.PR-12016 / 34 / 98-PE and published in the Gazette of India
vide GSR 711 (E) dated 30-11-98
 (3) Every employee should desist from dealing with a case relating to award of a contract or
exercise of patronage in favour of a firm or company in which his child or dependent is employed.
(4) No employee should bid at auctions arranged by or on behalf of the Board.
(5) Participation by an employee in proselytizing activities or the direct or indirect use of his
position and influence in such activities is objectionable.
(6) *[ Every employee is expected to maintain a reasonable and decent standard of conduct in his
/ her private life and not bring discredit to his employer by his misdemeanour. In cases where an
employee is reported to have conducted himself / herself in a manner unbecoming of a servant of the
Board as for instance by neglect of the spouse and family, action may be taken against him / her on that
score.]
(7) An employee who is convicted by a court of law or arrested should report the fact of his
conviction or arrest to his departmental superiors promptly. Failure to do this will render him liable to
disciplinary action.
*** (8) Sexual harassment includes such unwelcome sexually determined behaviour ( whether di-
rectly or by implication ) as :
a) Physical contact and advances.
b) a demand or request for sexual favours.
c) sexually coloured remarks.
d) showing pornography
e) any other unwelcome physical / verbal or non verbal conduct of sexual nature.
An employee who has committed an act of sexual harassment of women at work place
shall be liable to disciplinary action and punishment under the rules in force.
** 4. Taking part in politics and election :-
(1) No employee shall take part in an election to any legislature or local authority:- provided that.
(i) an employee qualified to vote at such election may exercise his right to vote, but where he
does so, he shall give no indication of the manner in which he proposes to vote or has voted:-
(ii) an employee shall not be deemed to have contravened the provisions of this regulation by
reason only that he assists in the conduct of an election in the due performance of a duty
imposed on him by or under any law for the time being in force.
(2) No employee shall engage himself or participate in any demonstration which is prejudicial to
the interests of the sovereignty and integrity of India, the security of the State, friendly rela-
tions with Foreign States, public order, decency or morality or which involves contempt of
court defamation or incitement to an offence.
(3) No employee shall join, or continue to be member of an association the objects or activities of
which are pre-judicial to the interests of the soverignty and integrity of India or public order or morality.
5. Connection with press or Radio:-
(1) No employee shall except with the previous sanction of the Board own wholly or in part or
conduct or participate in the editing or managing of, any newspaper or other periodical publication.
* Substituted w. e. f. 17-1-81 vide Ministry of Shipping & Transport Notification No. PW / PEX-
54 / 80 dated 5-1-81 published in the Gazette of India dated 17-1-81 under G.S.R. No. 71
** Substituted vide Notification No PW / PER-2 / 85 dated 30-10-86 G.S.R. 1171 (E).
*** Substituted vide Notification No.PR-12016 / 34 / 98-PE and published in the gazette of India vide
GSR 711 (E) dated 30-11-98.
 (2) No employee shall, except with the previous sanction of the Board, or any other author-
ity empowered by it in this behalf, or in the bonafide discharge of his duties, participate in a radio
broadcast or contribute any article or write any letter either anonymously or in his own name or in
the name of any other person to any newspaper or periodical :-
Provided that no such sanction shall be required if such broadcast or such contribution is of a
purely literary, artistic or scientific character.

6. Criticism of Board / Government:

No employee shall in any radio broadcast or in any document published anonymously or in his
own name or in the name of any other person or in any communication to the press or in any other
public utterance, make any statement of fact or opinion-
(i) Which has the effect of an adverse criticism of any current or a recent policy or action of
the Central Government, State Government‟ the Board or any other Major Port Trust.
Provided that in the case of any employee specified in the proviso to sub-regulation (2) of
regulation 1, nothing contained in this regulaltion shall apply to bonafide expression of views by
him as an office bearer of a trade union of such employees for the purpose of safeguarding the
service conditions of such employees or for securing any improvement therein; or
(ii) Which is capable of embarrassing the relations between the Board, the Central Govern-
ment, the Government of any State or any other Major Port Trust; or
(iii) Which is capable of embarrassing the relations between the Central Government and the
Government of any foreign state;
Provided that nothing in this regulation shall apply to any statements made or views expressed
by an employee in his official capacity or the due performance of the duties assigned to him.

7. Evidence before Committee or any other Authority:

(1) Save as provided in sub-regulation, (3) no employee shall, except with the previous
sanction of the Board, give evidence in connection with any enquiry conducted by any person,
committee or authority.
(2) Where any sanction has been accorded under sub-regulation (1) no employee giving
such evidence shall criticise the policy or any action of the Board or of any other Major Port Trust
or of the Central Government or of a State Government.
(3) Nothing in this regulation shall apply to-
(a) Evidence given at an enquiry before an authority appointed by the Central or a State Govern-
ment by parliament or by a State legislature or by the Board or by any other Major Port Trust; or
(b) Evidence given in any judicial enquiry; or
(c) Evidence given in any departmental enquiry ordered by authorities subordinate to the
Government or by the Board, or by any other Major Port Trust or by the Chairman or Deputy
Chairman or Head of a Department.
 8. Unauthorised communication of information:-
No employee shall, except in accordance with any general or special order of the Board
or in the performance in good faith of the duties assigned to him, communicated directly or indi-
rectly, any official document or information to any person to whom he is not authorised to commu-
nicate such documents or information

* Explanation 1: Supply of routine or statistical information, whereever considered necessary

to recognised Unions and Associations of employees by the authority having
custody of such information, on their request shall not amount to unauthorised
communication of information within the meaning of this regulations.

Explanation 2: If an employee quotes or copies in his representation, appeal etc. circulars

and instructions of the Board or any other Major Port Trust or Government
including those marked secret, notes and other information, from files to which
he is not authorised to have access, or which he is not authorised to keep in
his personal custody for personal purpose, the action shall amount to
unauthorised communication of information within the meaning of this regula-
tions. However, quotation by an employee of any order passed in the case of
another employee whose case is similar to his own shall not amount to contra-
vention of this regulation provided the quotation in such a case is from the final
orders passed and not from the notings, on the file.

9. Subscriptions :-
No employee shall, except with the previous sanction of the Board or of such authority as may
be empowered by it in this behalf, ask for or accept contributions to, or otherwise associate
himself with the raising of any fund in pursuance of any object what so ever.
Explanations: 1. Mere payment of subscription to a charitable or benevolant fund does not by
itself violate this regulation.
2. Voluntary association of an employee with the collection of Flag Day Contri-
butions is permissible without any specific sanction under this regulation.
3. Collection of subscriptions by an employee qua-member of a service union of
employee from amongst other members of the Union-
(i) is unobjectionable and does not require prior sanction if-
(a) the proceeds are proposed to be utilised for welfare activities of the Union;
(b) where a matter affecting the general interests of the members of the Union
is in dispute, it is permissible under the rules of the Union to spend its
funds over such matters,

* Substituted w. e. f 18-8-1979 vide Ministry of Shipping & Transport Notification No.PEX-15 /

79 dated 31-7-79 published in the Gazette of India dated 18-8-1979
 (ii) is objectionable if the proceeds are proposed to be utilised for the defence of
an individual member of the Union against whom departmental action is being
taken on grounds which concern him in particular.
4. Approach to the public for collecting funds for the Union without the previous
sanction of the Board is objectionable.

10. Gifts:-
1. Gifts:- 1. Save as provided in these Regulations, no employee shall accept, or permit any
member of his family or ( any other person acting on his behalf ) to accept any gift
Explanation:- The Expression gift shall include free transport, boarding, lodging or other service
or any other necessary advantage provided by any person other than a near relative or personal
friend having no official dealings with the employee.
Note: 1. A casual meal, lift or other Social hospitality shall not be deemed to be a gift.
Note: 2. An employee shall avoid accepting lavish hospitality or frequent hospitality from any
individual, Industrial or Commercial firms, Organisations, etc, having official dealings with him.
2. On occasions, such as wedding anniversaries, funerals or religious functions, when the
making of a gift is in conformity with the prevailing religious or social practice, an employee may
accept gifts from his near relatives but shall make a report to the Board if the value of any - gift
exceeds:-
(i) Rs.1,000 in the case of an employee holding any Class I or Class II post;
(ii) Rs.500 in the case of an employee holding any Class III post; and
(iii) Rs. 200 in the case of an employee holding any Class IV post
3. On such occasions as are specified in sub-regulation (2) an employee, may accept gifts
from his personal friends having no offical dealings with him, but he shall make a report to the
Board if the value of any such gifts exceeds-
(i) Rs.400 in the case of an employee holding any Class I or Class II post;
(ii) Rs.200 in the case of an employee holding any Class III post; and
(iii) Rs. 100 in the case of an employee holding any Class IV post
4. In any other case, an employee shall not accept any gift without sanction of the Board if
the value thereof exceeds:-
(i) Rs.150 in the case of an employee holding any Class I or Class II post;
(ii) Rs.50 in the case of an employee holding any Class III or Class IV post.
5. Not withstanding anything contained in Sub-regulations (2), (3) and (4), an employee
being member of Indian delegation or otherwise, may receive and retain gifts from foreign dignatories
if the market value of gifts received on one occasion does not exceed Rs.1,000. In all other
cases, the acceptance and retention of such gifts shall be regulated by the instructions issued in this
regard from time to time.
6. An employee shall not accept any gift from any foreign firm which is either contracting
with the Board or is one with which the employee had, has or is likely to have official dealing.
Acceptance of gifts by an employee from any other firm shall be subject to the provision of sub-
regulation (4) ( Substituted vide G.S.R. No. 366 (E) dt. 19-8-96.)
11. Public demonstrations in honour of employees:-
No employee shall, except with the previous sanction of the Board receive any complimen-
tary of valedictory address or accept any testimonial or attend any meeting or entertainment held
in his honour, or in the honour of any other employees:
Provided that nothing in this regulation shall apply to:
(i) A farewell entertainment of a substantially private and informal character held in honour
of the employee or any other employee on the occasion of his retirement or transfer or any person
who has recently quitted service under the Board; or
(ii) the acceptance of simple and inexpensive entertainments arranged by public bodies or
institutions.
Explanation: Acceptance of invitation to declare buildings, etc., open or to lay the foundation
stones of new buildings, or to allow public places, institutions to be renamed after him attract the
provisions of this regulation.
*12. Private Trade or employment:-
(i) Subject to the provisions of Sub-Rregulation, (2)
no employee shall, except with the previous sanction of the Board:
(a) engage directly or indirectly in any trade or business, or
(b) negotiate for, or undertake any other employment, or
(c) hold an elective office, or canvass for a candidate or candidates for an elective office, in
any body, whether incorporated or not, or
(d) Canvass in support of any business of insurance agency, commission agency, etc., owned
or managed by any member of his family, or
(e) take part except in the discharge of his official duties, in the registration, promotion or
management of any Bank or other Company registered or required to be registered, under the
Companies Act 1956 ( 1 of 1956 ) or any other law for the time being in force, or of any Co-
operative society for Commercial purposes.
(2) An employee may, without the previous sanction of the Board:-
(a) Undertake an honorary work of a social or charitable nature:-
(b) Undertake occasional work of literary, artistic or Scientific Character, or
(c) Participate in Sports activities as an amateur, or
(d) Take part in the registration, promotion or management ( not involving the holding of an
elective Office ) of literary, scientific or charitable society or of a Club or similar organisation, the
aims or objects of which relate to promotion of sports, cultural or recreation activities, registered
under the Scoeities Registration Act. 1860 ( 21 of 1860 ) or any other law for the time being in
force, or
(e) Take part in the registration, promotion or management ( not involving the holding of an
elective Office ) of a Co-operative Society substantially for the benefit of employees, registered under
theCo-operative Societies Act, 1912 ( 2 of 1912 ) or any other law for the time being in force.
Provided that:-
(i) he shall discontinue taking part in such activities, if so directed by the Board, and
(ii) in a case falling under Clause (e) of this sub-regulation his official duties shall not suffer
thereby and he shall, within the period of one month of his taking part in such activity, report to the
Board giving details of the nature of his participation.
3. Every employee shall report to the Board if any member of his family is engaged in a
trade or business or owns or manages an insurance agency or commission agency.
4. Unless otherwise provided by general or special orders on this behalf no employee may
accept any fee for any work done by him for any private or public body or any private person
without the sanction of the prescribed authority.
Explanation :- The term Fee used here shall have the meaning assigned to it in fundamental Rule
9 (6-A).

* Substituted vide Ministery‟s F.No. PR-12016/6/95-PE.I and published under G.S.R. No. 366
(E) dt, 19-8-96
13.Investment, lending and borrowing :-
(1) No employee shall speculate in any investment.
Eexplanation: (1) The habitual purchase or sale of securities of a notoriously fluctuating value
shall be deemed to be speculation in investments within the meaning of this
sub-regulation,
(2) No employee shall make, or permit his wife or any member of his family to make, any
investment likely to embarrass or influence him in the discharge of his duties.
(3) If any question arises whether a security or investment is of the nature referred to in sub-
regulation (1) or sub-regulation (2), the decision of the Board thereon shall be final.
(4) No employee shall, except with the previous sanction of the Board, lend money to any
person possessing land or valuable property, within the local limits of his authority or at interest to
any person:
Provided that an employee may make an advance of pay to a private servant, or give a loan of
small amount, free of interest, to a personal friend or relative, even if such person possesses land
within the local limits of his authority.
(5) No employee shall in the ordinary course of business with a bank or firm of standing
borrow money from, or otherwise place himself under pecuniary obligation to, any person within
the local limits of his authority or any other person with whom he is likely to have dealings, nor
shall he permit any member of his family, except with the previous sanction of the Board, to enter
into any such transaction:
Provided that an employee may accept a purely temporary loan of small amount free of inter-
est, from a personal friend or relative or operate a credit account with a bona-fide tradesman.

* Explanation : Receiving the amount of the sum total of the subscriptions payable by all
subscribers of a Chit Fund for any one instalment less the discount or commis-
sion payable to the Chit Fund company by bid before the period of maturity
would come within the purview of this Sub-regulation,

(6) When an employee is appointed or transferred to a post of such a nature as to involve him
in the breach of any of the provisions of sub regulation (4) or sub regulation (5) he shall forth-
with report the circumstance to the Board and shall thereafter act in accordance with such
orders as may be passed by the Board.

1 4 . Insolvency and habitual indebtedness:-

(1) An employee shall so manage his private affairs as to avoid habitual indebtedness or
insolvency. An employee who becomes a subject of a legal proceeding for insolvency shall forth-
with report the full facts to the Board.
(2) When an attachment order is to be enforced against an employee the Chairman or Deputy
Chairman should

* Inserted with effect from 12-7-1977 vide Ministry of Shipping & Transport Notification No.
PEX-34 / 77 dated 20-5-77 published in the Gazette dated 4-6-77 under G.S.R. 701
 (i) Determine whether the employee‟s financial position has reached a stage at which confi
dence in him must be diminished and, if so .
(ii) Consider the question of taking disciplinary action against him.
15. Movable, immovable and valuable property:
(1) No employee shall, except with the previous knowledge of the Board, acquire or dispose
of any immovable property by lease, mortage, purchase, sale-gift of otherwise either in his own
name or in the name of any member of his family:
provided that the previous sanction of the prescribed authority shall be obtained by the em-
ployee if any such transaction is with a person having official dealings with him

Eexplanation: It is not contemplated that an employee should enter into transactions regrarding
movable and immovable property without the previous sanction of the prescribed
authority and afterwards seek ex-post facto sanction. Such a procedure would
render the provisions of these regulations completely ineffective and defeat the
purpose for which these regulations have been framed. It is therefore, essential
that the provisions of these regulations should be strictly adhered to and the
employees should obtain the sanction of the prescribed authority wherever nec-
essary, before entering into a transaction.
2* Where an employee enters into a transaction in respect of movable property
either in his own name or in the name of a member of his family, he shall, within
one month from the date of such transaction, report the same to the prescribed
authority, if the value of such property exceeds *** Rs. 10000/- in the case of
Class I and Class II officers and Rs. 5000/- in the case of Class III and Class IV
employees.
Provided that previous sanction of the prescribed authority shall be obtained by the em-
ployee, if any such transaction is with a person having official dealings with him.
Explanations:(1) For the purpose of this sub-regulation the expression “movable property in-
cludes interalia the following property, namely:-
(a) Jewellery, insurance policies, shares, securities and debentures;
(b) all loans, whether secured or not, advanced or taken by the employee,
(c) motor cars, motor cycles, horses or any other means of conveyance; and
(d) television sets, refrigerators, radios, radiograms etc.
(e) the forms shall be appeneded as Form No. III and IV.
Substituted vide G.S.R. No. 366 (E) dt. 19-8-96.
**Explanation:(2) The subscriptions which an employee gives to a Chit Fund would be a trans-
action in movable property within the meaning of this sub-regulation if the
monthly annual subscribtion to the Chit Fund exceeds the monetary limit
* Substituted vide Notification No. PR-12013 (1)-PE-1 dated 3-2-88 G.S.R. 76 (E).
** Inserted with effect from 12-7-77 vide Ministry of Shipping & Transport Notification No.
PEX-34 / 77 dated 20-5-77 published in the Gazette dated 4-6-77 under G.S.R. 701
*** Subsituted vide Ministry‟s Notification F.No.PR-12016/6/95 PE-I and published under G.S.R.
No.366 (E) dt 19-8-96.
 laid down in this sub-regulation. Previous sanction is necessary for joining Chit
Funds only if the Chit Fund is not a registered Chit Fund Company. Receiving
the amount from the Chit Fund at the time of maturity would also amount to
transaction in movable property within the meaning of this sub-regulation.

Explanation.(3) An employee should submit a report to the Board if the annual premium of a Life
Insurance Policy taken by him exceeds the monetary limit laid down in this sub-
regulation. If, in any case, the annual premium initially determined was less than
the prescribed monetary limit, but on conversion, the annual premium exceeds
the said limit, a report to the Board is necessary at that stage. When the em-
ployee receives the sum assured as survival benefit / on maturity of the policy he
need not submit any report in this regard. An employee need not report to the
Board the fact of his having taken an insurance policy, if, the annual premium
thereon is less than the monetrary limit laid down in this sub-regulation. He
should, however submit a report to the Board at the time of receiving the sum
assured as survival benefit / on maturity of the policy.

Explanation.(4) Fixed Deposits in Bank or deposits in savings Bank Account made by an em-
ployee from out of his salary or accumulated savings would not come within the
purview of this sub-regulation.

(3) Every Class I and Class II employee shall, on his admission in the service of the Board
and thereafter at the intervals of every 12 months, submit a return as in Annexure „D‟ of all im-
movable property owned, acquired, or inherited by him or held by him on lease or mortage, either
in his own name or in the name of any member of his family or in the name of any other person.

(4) The Board or any authority empowered by it in this behalf may, at any time, by general or
special order, require an employee to submit within a period specified in the order, a full and
complete statement of such movable or immovable property held or acquired by him or by any
member of his family as may be specified in the order . Such statement shall, if so required by the
Board or by the authority so empowered, include details of the means by which or the source from
which, such property was acquired.
Explanation:
(1) The construction of a house results in acquisition of immovable property and attracts the
provisions of this regulation. The purchase of movable property required for the con-
struction of the house also attracts this regulation.
(2) Transaction as members of a Hindu undivided joint family shall not require the Board‟s
prior permission. In such cases, transactions in immovable property should be included
in the annual property returns and those immovable property should be reported to the
prescribed authority immediately after complection of the transaction or immediately af-
ter the employee comes to know of them.
If the employee is unable to give an idea of his share of such property, he may give
details of the full property and the names of the members who share it.
16. Vindication of Acts and Character of Employees:
No employee shall, except with the previous sanction of the Board, have recourse to any
Court or the press for the vindication of any official act which has been a subject matter of adverse
criticism or an attack of defamatory character.
Explanation: Nothing in this regulation shall be deemed to prohibt an employee from vindicating
his private character or any act done by him in his private capacity.
17. Canvassing of Non-Official or other outside influence:
No employee shall bring or attempt to bring any political or other influence to bear upon any
superior authority to further his interests in respect of matters pertaining to his service under the
Board.
*18. Restriction regarding Marriage:
(1) No employee shall enter into, or contract a marriage with a person having a spouse living, and
(2) No employee having a spouse living shall enter into, or contract, a marriage with any person:
Provided that the Board may permit an employee to enter into, or contract, any such marriage
as is referred to in clause (1) or clause (2), if it is satisfied that:-
(a) Such marriage is permissible under the personal law applicable to such employee and the
other party to the marriage, and
(b) there are other grounds or so doing.
3. an employee who has married or marries a person other than of Indian nationality shall
forthwith intimate the fact to the Board.
*19. Consumption of intoxicating drinks and drugs:
An employee shall-
(a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in
which he may have to be for the time being.
(b) not be under the influence of any intoxicating drinks or drugs during the cours of his duty
and shall also take due care that the performance of his duties at any time is not affected in any
way by the influence of such drinks or drugs.
(c) refrain from consuming any intoxicating drinks or drugs in a public place;
(d) not appear in a public place in a state of intoxication;
(e) not use any intoxicating drinks or drugs to excess,
Explanation: for the purpose of this regulation, “public place means any place or premises
( including a conveyance ) to which the public have or are permitted to have access, whether on
payment or otherwise”.
20.Interpretation:
If any question arises relating to the interpretation of these regulations, it shall be referred to
the Central Government who shall decide the same.
* Subsituted vide Ministry‟s Notification F.No.PR-12016/6/95 PE-I and published under G.S.R.
No.366 (E) dt 19-8-96.
 FORM No.I

[ Form of report / application ( for permission ) to the prescribed authority for

the building of, or addition to a house ]
This is to report to you that I propose to build a house

This is to request that permission may be granted to me for the building of a house.

The estimated cost of the land and the building is given below:

Land
(1) Location ( Survey numbers, Village, District, State )

(2) Area

(3) Cost

Building
(1) Bricks ( Rate / quantity / Cost )
(2) Cement ( Rate / quantity / Cost )
(3) Iron & Steel ( Rate / quantity / Cost )
(4) Timber ( Rate / quantity / Cost )
(5) Sanitary fittings (cost )
(6) Electrical fittings ( cost )
(7) Any other special fittings ( cost )
(8) Labour charges
(9) Other charges, if any.

Total cost of Land and building:

Yours faithfully,
 FORM No.II
[ Form of report to the prescribed authority, after completion of the
building / extension of a house ]
Sir,
In my letter No............................................dated................................................... I had
_____________________________________________________________________
permission was granted to me in Order............................................................................
Reported that I proposed to build a house
___________________________________________
dated..................................for the building of house
The house has since been completed and I enclose a Valuation Report, duly certified by @
............................................................................................................................. ..................
@ ( A firm of Civil Engineers or a Civil Engineer of repute )
Date: Yours faithfully,
( Signature )
VALUATION REPORT
I / We hereby certify that I / We have valued House £ ......................................................
.......................................................constructed by Shri / Smt / @ ........................................
and I / we give below the value at which we estimate the cost of the house under the following
heading:
£ ( here enter details of the House )
@ ( here enter name etc. of the employee )

Heading Cost
1. Bricks Rs. Ps

2. Cement
3. Iron and Steel
4. Timber
5. Sanitary fittings
6. Electrical fittings
7. All other special fittings
8. Labour Charges ___________
9. All other charges ___________
Total cost of the building
Date: ( Signature of the valuation authority )
 ANNEXURE ‘A’
( Here enter description of the proceedings )
The Board having been Pleased to under take my defence in the above proceedings, I hereby
agree to render such assistance to the Board as may be required for my defance and further agree
that I shall not hold the Board in any way responsible if the proceedings end in a decision adverse
to me

Signature of the employee

ANNEXURE ‘B’

By this Bond I ................................................................................ . ( here give the name and

other particulars of the employee including the post held by him ) acknowledge myself bound
to the Board in the sum of Rs............................................... ( here enter a sum representing
double the amount advanced ) to the said Board.
Now the above written bond is conditioned to be void in case the above bounden ( employee ), his
personal representative or any person acting for and on behalf of the above bounden
( employees ) shall on demand, pay to the said Board or its representatives or assigns or their
attorney
authorised to receive the same, the said sum of Rs...................................................................
but in the event of the above bounden ( employee ) or his personal representative or any person
acting for and on his behalf failing to pay the said sum on demand, the above written bond shall
remain in full force and effect.

Dated this the .............................................................day of ..................................20............

Witness; Signature of the employee

_________________________

_________________________

_________________________

_________________________

_________________________
 FORM No.III
Form for giving prior intimation or seeking previous sanction under Regulation 15 (1) in re-
spect of immovable property ( other than for building of or additions & alterations to a house ).

1. Name and designation :

2. Scale of pay and present pay :
3. Purpose of application sanction for :
transaction / prior intimation of transaction :
4. Whether property is being acquired
or disposed of :
5. probable date of acquisition / disposal
of property :
6. Mode of acquisition / disposal :
7. (a) Full details about location , viz,
Municipal No. Street / Village / Taluk /
District and state in which situated :
(b) Description of the property, in the
case of cultivable land, dry or
irrigated land :
(c) Whether freehold or leasehold :
(d) Whether the applicant‟s interest in
the property is in full or part ( in case
of partial interest, the extent or such
interest must be indicated )
(e) In case the transaction is not
exclusively in the name of the employee
Particulars of ownership and share
of each member :
8. Sale / purchases price of the property
( Market value in the case of gifts )
9. In case of acquisition, source or sources
from which financed / proposed to be
financed :
(a) Personal savings :
(b) Other sources giving details :
10. In the case of disposal of property, was
requisite sanction / intimation obtained /
given for its acquisition ( A copy of the
sanction / acknowledgement should be
attached ) :
11. (a) Name and address of the party
with whom transaction is
proposed to be made :
(b) Is the party related to the applicant?
If so, state the relationship :
(c) Did the applicant have any dealings
with the party in his official capacity
at any time, or is the applicant likely
to have any dealings with him in the
near future? :
(d) How was the transaction arranged?
( whether through any statutory body
or private agency through
advertisement or through friends
and relatives. Full particulars to
be given :
12. In case of acquisition by gift, whether
sanction is also required under regulation
10 of CPE (Conduct ) regulations 1964 :
13. Any other relevant fact which the
applicant may like to mention

DECLARATION
I,....................................................................................hereb y declare that the
particulars given above are true. I request that I may be given permission to acquire / dispose of
property as described above from / to the party whose name is mentioned in item 11 above.

OR

I..................................................... hereby intimate the proposed acquisition / disposal of

property by me as detailed above. I declare that the particulars given above are true.

Station: Signature:

Date: Designation

Note1: In the above form, different portion may be used according to requirement.
Note2. Where previous sanction is asked for, the application should be submitted at least
30 days before the proposed date of the transaction.
 FORM No.IV
Form for giving intimation or seeking previous sanction under Regulation 15 ( 2 ) for
transaction in respect of movable property

1. Name of the employee :

2. Scale of pay and present pay :
3. Purpose of application sanction for
transaction / intimation of transaction :
4. Whether property is being acquired
or disposed of :
5. a) probable date of acquisition or
disposal of property :
b) If the property is already
acquired / disposed of -Actual
date of transaction :
6. a) Description of the property (e.g.,
Car / Scooter / Motor Cycle /
Refrigerator, Radio Radiogram /
Jewellery / Loans / Insurance
Policies etc. :
b) Make, model ( and also Registration
No, in case of vehicles), Where
necessary :
7. Mode of acquisition / disposal ( Purchase /
sale, gift, mortage, lease or otherwise ) :
8. Sale / purchase price of the property
( Market value in the case of gifts ) :
9. In case of acquisition, source or sources
from which financed / proposed to be
financed :
(a) Personal savings :
(b) Other sources giving details :
10. In the case of disposal of property, was
requisite sanction / intimation obtained /
given for its acquisition ( a copy of the
sanction / acknowledgement should be
attached ) :
11. (a) Name and address of the party with
whom transaction is proposed
to be made, has been made :
(b) Is the party related to the applicant ?
If so, state the relationship :
(c) Did the applicant have any dealings
with the party in his official capacity
at any time, or is the applicant likely
to have any dealings with him in the
near future ?
(d) Nature of Official dealings with
the party :
(e) How was the transaction arranged ?
( whether through any stautory body
or a private agency through
advertisement or through friends
and relatives. Full particulars to
be given :
12. In case of acquisition by gift, whether
sanction is also required under regulation
10 of CPE (Conduct ) regulations 1964 :
13. Any other relevant fact which the
applicant may like to mention

DECLARATION

I,....................................................................................hereb y declare that the

particulars given above are true. I request that I may be given permission to acquire / dispose of
property as described above from / to the party whose name is mentioned in item 11 above.

OR

I..................................................... hereby intimate the proposed acquisition / disposal of

property by me as detailed above. I declare that the particulars given above are true.

Station: Signature:

Date: Designation

Note1: In the above form, different portion may be used according to requirement.
Note2. Where previous sanction is asked for, the application should be submitted at least
30 days before the proposed date of the transaction.
 ANNEXURE ‘C’

1. Shri / Smt / Kumari..........................................................................declar e as under

* (i) That I am unmarried / a widower / a widow
* (ii) That I am married and have only one wife living.
* (iii) That I am married and have more than one wife living. Application for grant of
exemption is enclosed.
* (iv) That I am married and that during the life time of my spouse I have contracted another
marriage. Application for grant of exemption is enclosed.
* (v) That I am married and my husband has no other living wife to the best of my knowl-
edge.
* (vi) That I have contracted marriage with a person who has already one wife or more living
application for grant of exemption is enclosed.
@2 I solemnly affirm that the above declaration is true and I understand that in the event of
declaration being found to be incorrect after my application, I shall be liable to be dismissed
from service.

Date................................... Signature..........................
(*) Please delete clauses not applicable.
(@) Applicable in the case of clauses (i), (ii) and (iii) only.

Application for grant of Exemption

_______________________________
(Vide para I (iii) / 1 (iv) of the Declaration )

To
The....................................
.........................................

Sir,
I request that in view of the reasons stated below, I may be granted exemption from the
operation or restriction on one recruitment to service of a person having more than one wife
living / women who is married to a person already having one wife or more living.

Reasons. Yours faithfully,

Date.................... ( signature )
 ANNEXURE ‘D’

Statements of immovable property on first appointment for the year...............................

1. Name of employee ( in full ) :
2. Present post held :
3. Present pay :

Name of Name & details Present If not in own How acquired Annual Re-
District of property value* name state in whether by income ma-
Sub- purchase / lease * from rks
whose name mortgage inheri-
Division, held & his / the
House & Lands tance, gift or
Taluk and her relationship otherwise with property
village in other to the date of acquisition
which build- employee @ and name with
property ing details of the
is situated persons from
whom acquired

1 2 3 4 5 6 7 8

NOTE: The declaration form is required to be filled and submitted by every member of
Class I and Class II service under sub-regulation (3) of regulation 15 of the Cochin Port Employ-
ees ( Conduct ) regulations, 1964, on first appointment to the service and there after at the interval
of every twelve months, giving particulars of all immovable property owned, acquired or inherited
by him or held by him on lease or mortgage either in his own name or in the name of any member
of his family or in the name of any other person.

Signature
Date:

* In case where it is not possible to assess the value accurately, the approximate value in relation to
present conditions may be indicated.
@ In applicable clause to be struck out,
* Includes short term lease also
( Published by the Ministry of Transport ( Transport Wing ) ports in Part II Section 3 Sub-
section (i) of the Gazette of India Extra Ordinary dated 29-2-1964 under G.S.R. No. 313
vide Notification No. F. 19-PG ( 125 / 63 ).
 THE COCHIN PORT TRUST
( AUTHORISATION OF PILOTS )
REGULATIONS , 1964
G.S.R 316 : In exercise of the powers conferred by proviso to section 24 (I) read with
section 28, of the major Port Trusts Act 1963 ( 38 of 1963 ) the Central Government hereby
makes the following regulations, namely:
1.Short title and commencement : These regulations may be called the
Cochin Port ( Authorisation of Pilots ) Regulations, 1964.
(2) They shall come into force on the 29th February, 1964.
2.Definitions : In these regulations, unless the context otherwise requires:-
(1) “Board” “Chairman”, Deputy Chairman” shall have the same meaning as in the Major
Port Trusts Act, 1963.
(2) “Limits of Compulsory Pilotage Waters” means the limits defined under sub-section (2)
of Section (4) of the Indian Ports Act, 1908 ( 15 of 1908 ).
(3) “Deputy Conservator” means the officer in whom the direction and management of
Pilotage are vested.
(4) “ Harbour Master” means the Officer appointed by the Board to perform such duties as
may, from time, to time, be assigned by the Dy. Conservator.
(5) “Port” means of port of Cochin.
3.Harbour Master’s Control over Pilots:- The Harbour Master shall
have control over Pilots in pilotage charge of vessels while entering or leaving the port or mooring
or berthing or unberthing at any berth in the Port.
4.Pilots to be licensed : (1) All Pilots shall hold licenses to perform the duties
of a pilot for the Port of Cochin. These licences, subject to the sanction of the Central Govern-
ment, shall be issued and be revocable by the Board.
(2) A pilot severing his connection with the Board shall forthwith deliver his licence to the Board.
5.Conditions for joining the pilot service : A person shall not be li-
censed as a pilot unless and until he satisfies the Board that he fulfils the following conditions.
(a) The conditions of eligibility laid down in regulation 14 (b) and 14 (c) of the Cochin Port
Employees (Recruitment, Seniority and Promotion ) Regulations, 1964.
(b) That on the date of appointment as a Probationer Pilot he is of an age not below 24 and
not exceeding 35 years unless otherwise relaxed by the Board.
(c) That he possess the qualifications detailed in regulation 6 below.
6.Qualifications of Candidates : (1) A candidate for a pilotage licence shall.
(a) Produce certificates of good character and sobriety and he in possession of a Certificate
of Competency as Master ( Foreign-going ) granted by the Government of India on its
equivalent and should have, preferably, experience of at least six months as First Mate
on a foreign-going ship;
 (b) Obtain a certificate of physical fitness from such medical authority as may be prescribed
by the Board for the Purpose:
(c) Unless the Board otherwise determines, serve a period of probationary training of not
less than 6 months. On completion of the training, the probationer may, if recommended
by the Harbour Master and Subject to the approval of the Deputy conservator, apply to
be examined as to his qualifications to pilot ships.
(2) The fee for a Pilot‟s Licence shall be prescribed by the Board from time to time.
7.Subjects of Examination: The examination shall include the following subjects:
Regulations and Rules framed for navigating in the Port; the course and distance between
any two places, the rise and set of tides, the depth and character of soundings; the anchorages,
rocks, shoals and other dangers, the Land Marks, Buoys and Beacons and Lights within the Port;
the management of ships and steamers, how to bring them to anchor and to keep them clear of
their anchors in a tideway; to moor and unmoor and get underway; to handle a vessel under all
conditions and such other subjects as may be determined by the Examination committee in this respect.
8. Examination Committee: The examination shall be conducted in the manner
prescribed by the Board by an Examination Committee constituted as follows:
(1) The deputy conservator ( Chairman )
(2) The Harbour Master
(3) A Master of a Foreign-going ship
9.Failure to pass an Examination : In the event of a probationer failing to
pass the specified examination within nine months of his appointment, he will be liable to be discharged.
10.Pilot’s Distinguishing Flag : Each Pilot shall be provided with a Distinguishing
Flag. Which is to be hoisted on the vessels while in his charge in such a position where it can best
be seen and apart from other signals.
The same flag hoisted at the Signal Station will be used in communicating with the vessel
when the pilot is on board.
11.Pilots to obey the orders of the authority: A Pilot shall obey and
execute all lawful orders and regulations given or issued by the Board, the Deputy conservator
and or the Harbour Master.
12.Pilots’ behaviour : A Pilot shall at all times exercise strict sobriety. He shall
throughout the time is in charge of a vessel, use his utmost care and deligence for her safety and
the safety of other vessels and property. He shall, when necessary, keep the lead going while the
vessel is underway. He shall not lay by the vessel aground without a written order from the owner
, or Officer in command.
13.Pilots’ behaviour towards the Master of the vessel etc: A
pilot shall behave with due civility towards the Owner. Master and Officers of any vessel under
his charge.
14.Pilots to obtain certificate of services performed by them :
A pilot shall, on boarding a vessel, hand the Arrival / Departure report to the Master, who shall
enter therein all the required particulars over his signature.
Tranporting and Anchoring Certificates shall be filled in by the pilot and presented to the
Master for signature when the duties of the pilot are completed.
15.Pilots to go on Board vessels in good time : A pilot about to take
charge of a vessel which is outward bound, or which is about to be moved from berth in which she
is lying shall go on board and report himself to the Officer in command at the time appointed, i.e.,
in sufficient time for her to be moved out to sea or to her destination.
16.Pilots when on duty to carry with them their Licence etc.
A pilot when on duty shall always have with him an official Tide Table for the Port a
copy of the Port Rules, Pilotage Regulations for the time being inforce, and his licence.
17.Pilots may leave vessels at anchor in the Harbour if not
provided with proper food and sleeping accommodation: A
pilot shall be provided with reasonable accommodation if necessary, and shall be supplied with
breakfast between 7. A.M and 9. A.M. with lunch between NOON and 2 P.M. and dinner be-
tween 6 P.M. and 8 P.M. ( I.S.T.) failing which the Master shall pay compensation for food,
namely * Rs..25/- for any of the meals missed by the pilot.
18.Pilot to see that anchors are ready to let go : A pilot before taking
charge of a vessel outward bound, shall enquire of the Master of the vessel whether the steering
gear is connected and in proper working order and direct that both the anchors be ready for
letting go.
19.Pilots giving evidence: A Pilot shall not attend to give evidence on any trial or
enquiry to which he is not a party unless under sub-poena without the permission of the Deputy
Conservator, and a pilot under sub-poena to give evidence shall at once report the fact in writing
to the Deputy conservator.
20. Pilots to give information of any alterations in navigational marks etc.
A pilot who has observed any alteration in the depth of the channels or noticed that any buoys,
beacons or light vessels have been driven away, broken down, damaged, or shifted from position;
or become aware of any circumstances likely to affect the safety of navigation, shall forthwith send
a detailed report thereof in writing to the deputy conservator.
21.Pilots to report casualties: A pilot whenever any accident has happened to or
been caused by the vessel while in his charge shall as soon as possible report the facts in writing in
the approved form to the Deputy Conservator.
22.Harbour Master to regulate attendance of Pilots on vessels:
Pilots onshore duty shall be detailed by the Harbour Master to vessels requiring their services and
a list showing the rotation in which pilots ( having regard to their respective classes ) are to be
alloted to such vessels, shall be kept in the office of the Deputy Conservator or Harbour Master.

* Substituted vide Notification No. PR-12019 / 1 /88-PE-I- dated 13-10-1988 published in

the Govt. of India Gazette dated 13-10-1988 under G.S.R 1006 (E).
23.Commencement of pilot’s outward duties: The duties of a pilot in
regard to outward bound vessels shall commence at any wharf, per berth, jetty or anchorage on
boarding the vessel.
24.Pilot’s Outward duties shall cease: The duties of a pilot in regard to an
outward bound vessel shall cease when he has piloted the vessel to the limits of the compulsory
pilotage waters.
25.Pilot’s inward duties shall commence: The duties of a pilot in regard
to an inward bound vessel shall commence when the vessel enters the compulsory pilotage limits
of the port.
26.A pilot, on boarding a vessel, Shall:
(a) Ascertain whether there is, or has been during the voyage, any infections disease on
board. If there is , or has been and the disease is of a serious nature as laid down in the Quaran-
tine Rules, he shall anchor the vessel, hoist the Quarantine Signal and carry out the instructions
contained in the Port Quarantine Rule in this respect.
(b) Ascertain the vessel‟s present draft and see that both anchors are clear to be let go; see
that the national Design is hoisted and the flags denoting the name of the vessel and any other
signals, as required by the Port Rules from time to time, are hoisted in such a manner as to be
clearly seen from the Port signal Station.
27.Termination of Pilots inward duties: The duties of a pilot in regard to
any inward bound vessel shall cease at any wharf pier, berth or jetty or anchorage when the vessel
is safely moored or anchored thereto.
28.Moving of vessels: No pilot shall move or direct the moving of any vessel within
the port from one position to another unless the following conditions are fulfiled.
(a) If the vessel is under-way, the Master shall be on board;
(b) If the Master leaves the vessel before the movement is completed, the pilot shall direct
the vessel to be anchored in such safe position as may be most easily reached by the
vessel and shall not give directions to proceed with the moving until the return of the
Master to the vessel;
(c) Throughout the moving the number of officers and crew on board and available for duty
shall be sufficient to perform anyduty which may be required and if the pilot on boarding
considers that the number is not sufficient he shall call the Master‟s attention to the Port
Rules and refuse to proceed with the moving unless the Master first signs a declaration
under his own hand expressly assuming entire responsibility.
* Explanation : In this regulation, the expression „Master‟ shall include the Chief
Officer or any deck Officer holding a certificate of competancy, duly authorised to act
for the Master, by the owner of the vessel, in the event of the Master being incapacitated
from performing the duties of his office.

* Substituted vide Notification No. PR-12019 / 1 / 88-PE-I- dated 13-10-1988

publ ished in the GOI dated 13-10-1988 under G.S.R 1006 (E).
29.Loss of Licence: A Pilot losing his licence shall forthwith give notice thereof to the
deputy conservator, stating the circumstances in which the licence was lost, and the Deputy
conservator shall, unless he is satisfied that the loss has been caused by the pilot‟s misconduct,
issue the pilot a temporary licence pending the grant of a duplicate licence by the Board.
30.Pilot’s examination of Charts : All Pilots shall attend frequently at the
office of the Deputy Conservator or Harbour Master to examine the latest plans and charts of the
Port and other information concerning the Port.
31.Pilot’s Uniform: A Pilot shall wear when on duty such uniform as may be pre-
scribed by the Board.
@ 32. Interpretation : If any question arises relating to the interpretation of these
regulations., it shall be referred to the Central Government who shall decide the same.

[ 19-PG (134) / 63 ]

@ Substituted with effect from 26-7-1977.

 THE COCHIN PORT EMPLOYEES ( GENERAL
PROVIDENT FUND ) REGULATIONS, 1964
G.S.R. 318- In exercise of the powers conferred by Section 126 read with clause (b) of
Section 28, of the Major Port Trust Act, 1963 ( 38 of 1963 ), the Central Government hereby
makes the following regulations, namely:-
1. Short title and Commencement :-
(1) These regulations may be called the Cochin Port Employees ( General Provident Fund )
Regulations, 1964.
(2) They shall come into force on the 29th February 1964.
2. Interpretation:- In these regulations unless the context otherwise requires:-
(1) “Accounts Officer” means the Financial Adviser and Chief Accounts Officer of the Board
(2) “Board”, “Chairman”, “Deputy Chairman” shall have the meanings assigned to them in the
Major Port Trusts Act, 1963.
(3) “Emoulments”, means pay, leave salary or subsistance grant as defined in the Fundamental
Rules of the Central Government or in the regulations, if any, framed by the Board, whichever may
be applicable to the subscriber and any remuneration of the nature of pay received in respect of
foreign service but does not include conveyance allowance, house rent allowance, overtime fees,
cement testing allowance, fee for supervision of floating craft, diving allowance and ration allowance:
Provided that “emoluments” in respect of the lighterman and Crane ( Electric ) Drivers shall
mean the amounts as may be fixed by the Board from time to time.
(4) “employee” means an employee of the Board;
* (5) “Family” means-
* (i) In the case of male subscriber, the wife or wives, parents, children, minor brothers, un-
married sisters, deceased son‟s widow and children and where no parents of the subscriber is
alive, a paternal grant parent;
* Provided that if a subscriber proves that his wife has been judicially seperated from him or has
ceased under the customary law of the community to which she belongs to be entitled to mainte-
nance, she shall henceforth be deemed to be no longer a member of the subscriber‟s family in
matters to which these regulations relate unless the subscriber subsequently intimates in writing to
the Accounts Officer that she shall continue to be so regarded.
* (ii) In the case of a female subscribeer, the husband, parents, children, minor brothers, un-
married sisters, deceased son‟s widow and children and where no parents of the subscriber is
alive, a paternal grant parent;
Provided that if a subscriber by notice in writing to the Accounts Officer expresses her desire
to exclude her husband from her family, the husband shall henceforth be deemed to be no longer
a member of the subscriber‟s family in matters to which these regulations relate, unless the sub-
scriber subsequently cancels such notice in writing.
Explanation:- Child means a legitimate child and include an adopted child, where adoption is
recognised by the personal law governing the subscriber; *or a word under the Guardians and wards
Act, 1890 ( 8 of 1890 ), who lives with the employees and is treated as a member of the family and to
whom the employee has, through a special will, given the same status as that of a natural born child
(6) “Fund” means the Cochin Port employees General Provident Fund.
* Substituted vide Ministry‟s Notification No. PR-12016/30/94-PE-I and Published under
G.S.R.No.160 (E) dt. 29-3-96.
 (7) “Leave” means any kind of leave recognised by the Fundamental Rules or other rules or
orders of the Central Government or by the Leave Regulations, if any, framed under section 28 of
the Major Port Trusts Act, 1963, whichever may be applicable to the subscriber.
(8) “Year” means the financial year;
(9) Any other expression used in these regulations which is defined in the Provident Funds,
Act 1925 (11 of 1925) or in the Fundamental Rules of the Central Government or the leave
Regulations mentioned in sub-regulation (7) (whichever may be applicable to the subscriber )
shall have the meanings assigned to them in such Act, Rules or Regulations.

3. Constitution and Management of the Fund :- On and from the

date of commencement of these regulations, the Board shall establish and maintain a Provident
Fund for the Welfare of the employees.
The fund shall be administered by the Board and shall be maintained in India in rupees.

* 3A. Investment of accumulation in the Fund:- The accumulation of

the Provident Fund money not immediately required, shall be invested in Nationalised Banks, Post
Office Deposits and other schemes, and Bonds of public Sector Undertakings, Unit Trust of India
and other Bonds and Deposits, Securities guaranteed by the State or Central Government and
also in the Housing Development Finance Corporation Limited, Bombay.

4. Application:- (1) All permanent employees, other than re-employed persons, and all
temporary employees who have rendered continuous service of one year or more on the date of
commencement of these Regulations shall be required to subscribe to the Fund. Temporary em-
ployees whose period of service on the date of commencement of these Regulations is less than
one year shall be required to subscribe to the Fund from the month following that in which they
complete one year‟s service.
(2) The Board may, at its discretion, require any other category of employees to subscribe to
the Fund,
(3) Employees who are subscribers to any contributory Provident Fund shall not be required
to subscribe to the Fund.
5. On the commencement of these regulations, the balance if any, standing to the credit of an
employee in the General Provident Fund constituted under the General Provident Fund ( Central
Services ) Rules, 1960, shall be credited to the account of the employee under the Fund consti-
tuted under these Regulations.

6. Nominations:- (1) A Subscriber shall at the time of joining the Fund, sent to the
Accounts Office; a nomination conferring on one or more persons the right to receive the amount
that may stand to his credit in the Fund, in the event of his death, before that amount has become
payable or having become payable has not been paid;
Provided that if , at the time of making the nomination, the subscriber has a family the nomina-
tion shall not be in favour of any person or persons other than the mebers of his family.
* Inserted with effect from 30-8-88 vide Notification No. PR-12016/4/86- PE-I dated 30-8-88
published in the Government of India Gazette dated 30-8-88 under G.S.R. 886 (E)
 Provided further that the nomination made by the subscriber in respect of any other provident
Fund to which he was subscribing before joining the Fund shall, if the amount to his credit in such
other fund has been transferred to his credit in the Fund, be deemed to be a nomination duly made
under this regulation until he makes a nomination in accordance with this regulation.
(2) If a subscriber nominates more than one person under sub-regulation (1) he shall specify
in the nomination the amount of share payable to each of the nominees in such manner as to cover
the whole of amount that may stand to his credit in the Fund at any time.

* (3) Every nomination shall be made in the form setforth in first Schedule.
(4) A Subscriber may at any time cancel a nomination by sending a notice in writing to the Ac-
counts Officer. The subscriber shall, along with such notice or separately, send a fresh nomination
made in acordance with the provisions of this regulation.
(5) A subscriber may provide in a nomination:-
(a) in respect of any specified nominee, that in the event of his predeceasing the sub-
scriber, the right conferred upon that nominee shall pass to such other person or
persons as may be specified in the nomination, provided that such other person or
persons shall, if the subscriber has other members of his family, be such other
member or members, where the subscriber confers such a right on more than one
person under this clauses, he shall specify the amount or share payable to each of
such persons in such a manner as to cover the whole of the amount payable to the
nominee;
(b) that the nomination shall become invalid in the event of the happening of a contin-
gency specified therein;

** (i) ( omitted )
(ii) Provided that if at the time of making the nomination the subscriber has only one member
of the family he shall provide in the nomination that the right conferred upon the alternate nominee
under clauses (a) shall become invalid in th event of his subsequently acquiring other member or
members in his family;
(6) Immediately on the death of a nominee in respect of whom no special provision has been
made in the nomination under clause (a) of sub-regulation (5) or on the occurance of any event by
reason of which the nomination becomes invalid in pursuance of clause (b) of sub-regulation (5) or
the proviso thereto, the subscriber shall send to the Accounts Officer a notice in writing cancellling
the nomination, together with a fresh nomination made in accordance with the provisions of this
regulation,
(7) Every nomination made, and every notice of cancellation made, given by a subscriber shall, to
the extent that it is valid take effect on the date on which it is received by the Accounts Officer.
* Substituted vide Ministry‟s Notification No. PR-12016/30/94-PE-I and Published under
G.S.R.No.160 (E) dt. 29-3-96.
** Omitted under G.S.R No. 160 (E) dt 29-3-96.
7. Subscribers Accounts:- An account shall be prepared in the name of each
subscriber and shall show the amount of his subscriptions with interest thereon calculated as
prescribed in regulation 11 as well as advances and withdrawals from the Fund.
8. Conditions and rates of subscription:- (1) Conditions of subscription:
(a) A subscriber shall subscribe monthly to the Fund except during the period when he is
under suspension:
# Note: A subscriber need not subscribe during a period treated as dies-non,
*Provided that a subscriber may at his option not subscribe during leave with either does not
carry any leave salary or carries leave salary equal to or less than half Pay or half average pay.
Provided further that a subscriber on reinstatement after a period passed under suspension
shall be allowed the option of pay in one sum or in instalments any sum not exceeding the maxi-
mum amount of arrears of subscriptions payable for that period.
(b) A subscriber shall intimate in writing his election not to subscribe during leave
** ( referred to in the first proviso to sub-regulation (1) to the Accounts Officer. Failure to make
due and timely intimation shall be deemed to constitute an election to subscribe. The option of a
subscriber intimated under this clause shall be final.
***(c) Notwithstanding anything contained in sub-regulation (1), a subscriber due to retire on
super-annuation shall exempted from making any subscription to the fund during the last three
months of his / her service. The discontinuance of subscription shall be compulsory and not optional.
(2) Rates of subscription:-
The amount of subscription shall be fixed by the subscriber himself subject to the following
conditions, namely;-
(a) It shall be expressed in whole rupees,
(b) It may be any sum so expressed not less than six per cent of his emoulments and not
more than his total emoulments
Provided that in the case of a subscriber who has previously been subscribing to a Contribu-
tory Provident Fund at the higher rate of 8-1/3%, it may be any sum, so expressed not less than 8-
1/3% of his emoulments and not more than his total emoulments.
(c) When an employee elects to subscribe at the minimum rate of 6 percent or 8-1/3%, as
the case may be, the fraction of a rupee will be rounded to the nearest whole rupee, 50 np count-
ing as the next higher rupee.
(3) For the purpose of sub-regulation (2), the emoulments of a subsriber shall be-
* Substituted w.e.f. 2-9-1969 by Notification No.P/OM/127/68 dated 14-8-1969 approved
vide Mty. of S T Lr. No. 6-PE 22 69 dated 5-8-1969.
** Inserted w.e.f. 2-9-1969, by Notification P /OM / 127 / 68 dated 14-8-1969 approved
vide Mty. of S & T Lr. No.6- PE (22) / 69 dated 5-8-1969.
*** Inserted w.e.f. 5-5-89 by Notification No. PR-12016 / 1 / 89 - PE I dated 5-5-89 published
in the Gov t. of India Gazette dated 5-5-89 G.S.R. 508 (E)
# Inserted vide Ministery‟s Notification No. IR-12016/30/94-PE-I and Published in the
Gazette of India under G.S.R.No.160 (E) dt. 29-3-96.
 (a) In the case of subscriber who was in Board‟s service on the 31st March of the Proceed-
ing year, the emoluments to which he was entitled on that date;

Provided that-
(i) if any subscriber was on leave on the said date, his emoluments shall be the emoluments
to which he was entitled on the first day after his return to duty;
(ii) if the subscriber was on deputation out of India on the said date or was on leave on the
said date and continues to be on leave and has elected to subscribe during such leave, his
emoluments shall be the emoluments to which he would have been entitled had he been
on duty in India;
(b) in the case of a subscriber who was not in Board‟s service on the 31st March of the
preceding year, the emolument to which he was entitled on the day he joins the fund.
(4) a subscriber shall intimate the fixation of the amount of his monthly subscription in each
year in the following manner:-
(a) if he was on duty on the 31st March of the preceding year, by the deduction which he
makes in this behalf from his pay bill for that month;
(b) if he was on leave on the 31st March of the preceeding year and elected not to subscribe
during such leave, or was under suspension on that date by the deduction which he
makes in this behalf, from his first pay bill after his return to duty;
(c) if he has entered Board‟s service for the first time during the year, by the deduction which
he makes in this behalf, from his pay bill for the month during which he joins the fund.
(d) if he was on leave on the 31st March of the preceeding year and continues to be on leave
and has elected to subscribe during such leave, by the deduction which he causes to be
made in this behalf from his salary bill for that month;
(e) if he was on foreign service on the 31st March of the preceeding year, by the amount
credited by him to the Board‟s account on account of subscription for the month of April
in the current year.
*5. The amount of subscription so fixed may be:-
(a) reduced once at any time during the course of the year;
(b) enhanced twice during the course of the year; or
(c) reduced and enhanced as aforesaid.

Provided that when the amount of subscription is so reduced it shall not be less than the
minimum prescribed in sub-regulation (2);

Provided further that if a subscriber is on duty for a part of a month and on leave for the
remainder of that month and he has elected not to subscribe during leave, the amount of subscrip-
tion payable shall be proportionate to the number of days spent on duty in the month

* Substituted with effect from 4-2-1978 vide Ministry of Shipping & Transport Notification
No.PEX-82 / 77 dt: 17-1-1978published in the Gazette of India dt: 4-2-1978 under GSR - 105
9. Transfer to Foreign Service or Deputation out of India:-
When a subscriber is transferred to foreign service or send on deputation out of India, he shall
remain subject to the rules of the fund in the same manner as if he were not so transferred or sent
on deputation.

10. Realisation of subsriptions:-

(1) When emoluments are drawn in India, recovery of subscriptions on account of these
emoluments and of the principal and interest, an advance shall be made from the emoluments
themselves.
(2) When emoluments are drawn from any other source, the subscriber shall forward his
dues monthly to the Accounts Officer;
Provided that in the case of a subscriber on deputation to a body corporate, owned or con-
trolled by Government the subscriptions shall be recovered and forwarded to the Accounts Of-
ficer by such body.
(3) If a subscriber fails to subscribe with effect from the date on which he is required to join
the fund or is on default in any month or months during the course of a year otherwise than as
provided for in regulation 8, the total amount due to the Fund on account of arrears of subscrip-
tions shall, with interest thereon at the rate provided in regulation 11, forthwith be paid by the
subscriber to the Fund or in default be ordered by the Accounts Officer to be recovered by
deduction from the emoulments of the subscriber by instalments or otherwise as may be directed
by the authority competent to sanction an advance for the grant of which special reasons are
required under sub-regulation (2) of regulation 13.
Provided that the subscribers whose deposits in the fund carry no interest shall not be re-
quired to pay any interest.

11. Interest:- (1) Subject to the provisions of sub-regulation (3), the Board shall pay to
the credit of the account of a subscriber interest at such rate as may be determined for each year
by the Board:
Provided that, if the rate of interest determined for a year is less than 4 per cent, all subscrib-
ers to the Fund in the year preceding that for which the rate has for the first time been fixed at less
than 4 percent; shall be allowed interest at 4 percent.
Provided further that a subscriber who was previously subscribing to any other Provident
Fund of the Central Government and whose subscriptions, together with the interest thereon, have
been transferred to his credit in his Fund, shall also be allowed interest at 4 percent, if he had been
receiving that rate of interest under the rules of such other Fund under a provision similar to that of
the first proviso to this regulation.
(2) Interest shall be credited with effect from last day in each year in the following maneer.
(i) on the amount to the credit of a subscriber on the last day of the preceding year, less any
sums withdrawn during the current year-interest for twelve months;
(ii) on sums withdrawn during the current year-interest from the beginning of the current year
up to the last day of the month preceeding the month of withdrawal;
 (iii) on all sums credited to the subscriber‟s accounts after the last day of the preceding
year-Interest from the date of deposit up to the end of the current year;
(iv) the total amount of interest shall be rounded to the nearest whole rupee ( fifty paise
counting as the next higher rupee );
Provided that when the amount standing to the credit of a subscriber has become payable,
interest shall thereupon be credited under this regulation in respect only of the period from the
begining of the current year or from the date of deposit, as the case may be, up to the date on
which the amount standing to the credit of the subscriber became payable.
(3) In this regulation, the date of deposit shall in the case of recovery from emoluments be
deemed to be the first day of the month in which it is recovered, and in the case of an amount
forwarded by the subscriber shall be deemed to be the fifth day of that month, but if it is received
on or after the fith day of that month, the first day of the next succeeding month.
Provided that where there has been a delay in the drawal of pay or leave salary and allow-
ances of a subscriber and consequently the recovery of his subscription towards the Fund, the
interest on such subscription shall be payable from the month in which the pay or leave salary of
the subscriber was due under the rules, irrespective of the month in which it was actually drawn;
Provided further that in the case of an amount forwarded in accordance with the proviso to
sub-regulation (2) of regulation 10, the date of deposit shall be deemed to be the first day of the
month if it is received by the Accounts Officer before the fifteenth day of that month.
* Provided further that where the emoluments for a month are drawn and disbursed on the last
working day of the same month the date of deposit shall, in the case of recovery of his subscrip-
tions, be deemed to be in the first day of the succeeding month.
(4) In addition to any amount to be paid under regulations ** ( 20, 21, and 22 ). interest
thereon upto the end of the month preceding that in which the payment is made, or up to the sixth
month after the month in which such amount became payable whichever of these periods be less,
shall be payable to the person to whom such amount is to be paid.
Provided that where the Accounts Officer has intimated to that person ( or his agent ) a date
on which he is prepared to make payment in cash, or has posted a cheque in payment to that
person, interest shall be payable only upto the end of the month preceding the date so intimated,
or the date of posting the cheque, as the case may be.
*** Provided further that where a subscriber on deputation to a body corporate, owned or
controlled by the Government, is subsequently absorbed in such body corporate with effect from
a retrospective date, for the purpose of calculating the interest due on the accumulations of the
subscriber, the date of issue of the orders regarding absorption shall be deemed to be the date on
which the amount to the credit of the subscriber became payable subject, however, to the condition
that the amount recovered as subscription during the period commencing from the date of absorption
and ending with the date of issue of orders of absorption shall be deemed to be subscription to the
Fund only for the purpose of awarding interest under this sub-regulation.

* Added w.e.f. 18-10-66 by Notification No. P / OM / 215 / 65 dated 14-10-1966 approved

vide Mty. of S & T Lr. No. 6-PE ( 29 ) 66 dated 24-9-66.
** Substituted w. e. f. 6-6-67, by Notification No. P / OM / 141 / 66 dated 22-5-67 approved
vide Mty. of S & T Lr. No. 6- PE (14)/ 67 dated 12-5-69.
*** Inserted w.e.f 23-7-74 by Notification No. P / OM / 130 / 73 dated 10-7-1974 approved
vide Mty. of S & T Lr. No. PEX ( 29 ) / 74 dated 25-6-74.
 (5) Interest shall not be credited to the account of a subscriber if he informs the Accounts
Officer that he does not wish to receive it; but if he subsequently asks for interest, it shall be
credited with effect from first day of the year in which he asks for it.
(6) The interest on amount which under sub-regulation (3) of regulation 10, (**) regulation
24, regulation 25 are replaced to the credit of the subscriber in the Fund, shall be calculated at
such rates as may be successively Prescribed under sub-regulation (1) of this regulation.
*(7) In case a subscriber is found to have drawn from the Fund an amount in excess of the
amount standing to his credit on the date of drawal, the over-draw an amount irrespective of
whether the overdrawal or the final payment from the Fund, shall be repaid by him with interest
thereon in one lumpsum, or in default, be ordered to be recovered by deduction in one lumpsum,
from the emoluments of the subscriber. If the total amount to be recovered is more than half of
subscriber‟s emoluments, recoveries shall be made in monthly instalements of moictics of his
emoluments till the entire amount together with interest, is recovered. For this Sub - regulation, the
rate of interest to be charged on overdrawn amount would be 2 1/2 % over and above the normal
rate on provident fund balance under sub - regulation ( I ). The interest realised on the over drawn
amount shall be credited to the Cochin Port Fund Account under a distinct sub-head “Interest on
overdrawals from Provident Fund”.
12. Transfer from other service:- (1) Subject to the sanction of the Board in
each case, a person who has joined the Board‟s service from the service of any Government, or other
employer, may, if he becomes a subscriber to the Fund, have any amount standing to his credit in a
Provident Fund maintained by the Government, or other employer on the date of his joining the Board‟s
service transferred to his credit in the Fund. The amount so transferred shall carry interest only; it shall
not entitle the subscriber to any contribution by the Board in respect thereof.
(2) In the event of a subscriber to the Fund** [other than one who is appointed on contract
or one who has retired from service and is subsequently re-employed] being permanently trans-
ferred to a service under a Government or any other employer, the balance in the Provident Fund
account of the subscriber, may instead of being paid in cash, be transferred to his account with the
new employer and thereupon these Regulations shall cease to apply him.

13. Advance from the Fund:- (1) The appropriate sanctioning authority may
sanction the payment to any subscriber of an advance consisting of a sum of whole rupees and not
exceeding in amount three months‟ pay or half the amount standing to his credit in the Fund,
whichever is less, for one or more of the following purposes.
(a) to pay expenses in connection with the illness or disability, including where necessary the
travelling expenses of the subscriber or any person actually depended on him.
(b) to meet the cost of higher education, including where necessary, the travelling expenses
of the subscriber or any Person actually depended on him in the following cases namely.
(b1) for education outside India for an academic, technical, professional or vocational course
beyond the High School stage and.
** Inserted w.e.f 30-5-67 by Notification No. P / OM / 95 / 66 dt. 11-5-67 approved
vide Mty. of S & T Lr. No.6- PE (14) / 67 dated 28-4-67
* Omitted w.e.f. 25-6-74 again inserted another sub- regulation vide Ministry‟s
No. PR-12016/30/94-PE-I and Published under G.S.R.No.160 (E) dt. 29-3-96
 (ii) for any medical, engineering or other technical or specialised course in India beyond the
High School stage, provided that the course of study is for not less than three years;
(c) to pay obligatory expenses on a scale appropriate to the status which by customary
usage the subscriber has to incur in connection with marriages or other ceremonies of
himself or of his children or of any other person actually dependent on him.

Provided that the condition of actual dependence shall not apply in the case of a son or
daughter of the subscriber:

Provided further that the condition of actual dependance shall not apply in the case of an
advance required to meet the funeral expenses of the parent of a subscriber;

(d) to meet the cost of legal proceedings instituted by the subscriber for vindicating his posi-
tion in regard to any allegations made against hm in respect of any act done or purpoting
to be done by him in the discharge of his duty, the advance in this case being available in
addition to any advance admissible for the same purpose from any other source.

Provided that the advance under this sub-regulation shall not be admissible to a subscriber
who institutes legal proceedings in any court of law either in respect of any matter unconnected
with his duty or against the Board in respect of condition of service or penalty imposed on him.

(e) to meet the cost of his defence where the subscriber engages a legal practitioner to
defend himself in an enquiry in respect of any alleged misconduct on his part.

* (f) to purchase consumer durables such as TV, VCR / VCP, Washing machines, Cooking
Range, Geysers, Computers etc.

(g) In other cases of acute distress at the discretion of the Chairman.

(2) An advance shall not, except for special reasons to be recorded in writing, be granted to
any subscriber in excess of the limit laid down in sub-regulation (1) or until repayment of the last
instalment of any previous advance ( ).

Explanation (1): For the purposes of this regulation, pay includes dearness pay where admis-
sible-

Explanation (2): For the purposes of this regulation, the appropriate sanctioning authority shall
be the authority that may be authorised by the Board to sanction advance from time to time.

* omitted vide Ministry‟s Notification No. PR-12016/30/94-PE-I and Published under

G.S.R.No.160 (E) dt. 29-3-96 and a gain inserted vide Ministry‟s Notification No.PR-
12016 / 5 / 97-PE-I and published vide GSR 311 (E) dt. 5-6-97.
 *Explanation (3): A Subscriber shall be permitted to take an advance once in every six
months under item (b) of sub-regulation (1) of Regulation 13.

**(3) When an advance is sanctioned under sub-regulation (2) before repayment of last
instalment of any previous advance is completed, the balance of any previous advances not recov-
ered shall be added to the advance so sanctioned and the instalments for recovery shall be fixed
with reference to the consolidated amount.

@@ (4) Notwithstanding anything contained in sub-regulation (1) no temporary advance

shall be granted to an employee during the last three months of service in order to enable the
Accounts Officer to complete the task of issuing authority for payment one month before retire-
ment.

14. Recovery of advance:- (1) An advance shall be recovered from the sub-
scriber in such number of equal monthly instalments as the Chairman or any other Officer authorised
to sanction the advance may direct; but such number shall not be less than 12 unless the subscriber
so elects and more than 24 in special cases where the amount of advance exceeds three months‟
pay of the subscriber, the authority sanctioning the advance may fix such number of instalments
exceeding 24, but not exceeding 36. A subscriber may, at his option, repay more than one instal-
ment in a month. Each instalment shall be a number of whole rupee, the amount of the advance
being raised or reduced, if necessary, to admit of the fixation of such instalments.

@ (2) Recovery shall be made in the manner prescribed in regulation 10 for the realisation of
subscriptions and shall commence, with the issue of pay for the month following the one in which
the advance was drawn. Recovery shall not be made except with the subscriber‟s consent while
he is in receipt of subsistence grant or is on leave which either does not carry any leave salary or
carries leave salary equal to or less than half pay as the case may be. The recovery may be
postponed on the subscriber‟s request, by the Chairman during the recovery of an advance of
pay granted to the subscriber.

* Inserted w.e.f- 25-6-74 by Notification No. P / OM / 185 / 72 dt. 11-6-74, approved vide
Mty of S & T Lr. No. PEX-20 / 74 dt 29-5-74.

** Inserted w. e. f. 23-7-68 by Notification No P / OM / 109 / 67 dt. 10-7-68 approved vide

Mty. of S & T Lr. No. 6-PE (38) / 68 dt. 26-6-68.

@@ Inserted with effect from 5-5-89 by Notification No. PR-12016 / 1 / 89 PE I dated 5-5-89
published in the Government of India Gazette dated 5-5-89 under G.S.R. 508 (E).

@ Substituted w. e. f. 1-4-80 vide Mty. of Shipping & Transport Notification No. PW-PEX-34 / 80
dt. 25-3-81 published in the Gazette of India dated 11-4-81 under GSR 387 (E).
@ [ Provided that no recovery towards refund of advance shall be made from a subscriber due
to retire on superannuation during the last three months of his / her service ]
*(3) Omitted
*(4) Omitted
(5) If an advance has been granted to a subscriber and drawn by him and the advance is subse-
quently disallowed before repayment is completed, the whole or balance of the amount withdrawn
shall (*) forthwith be repaid by the subscriber to the Fund or in default be ordered by the Ac-
counts Officer to be recovered by deduction from the emoluments of the subscriber in a lumpsum
or in monthly instalments not exceeding 12 as may be directed by the Chairman or the authority
competent to sanction an advance under Explanation 2 to sub-regulation 2 of regulation 13.
(6) (*) Recoveries made under this regulation shall be credited as they are made to the
subscriber‟s account in the fund.

15. Wrongful use of advance :-

Notwithstanding anything contained in this regulations, if the Chairman is satisfied that money
drawn as an advance from the Fund under regulation 13 has been utilised for a purpose other
than that for which sanction was given to the drawal of the money, the amount in question shall (*)
forthwith be repaid by the subscriber to the Fund, or in default, be ordered by the Chairman to be
recovered by deduction in one lumpsum from the emoluments of the subscriber even if he be on
leave. If the total amount to be repaid be more than half the subscriber‟s emoluments, recovery
shall be made in monthly instalments or moictics of his emoluments till the entire amount is repaid
by him. Explanation . In this Regulation „emoluments‟ do not include subsistence grant.

**16. Withdrawals from the Fund :-

Subject to the conditions specified herein, withdrawals may be sanctioned by the authorities
competent to sanction an advance for special reasons under sub-regulation (2) of regulation 13, at
any time-
***
(A) after the completion of fifteen years of service ( including broken periods of service if any ) of
a subscriber or within ten years before the date of his retirement on superannuation, whichever is
earlier, from the amount standing to his credit in the Fund, for one or more of the following pur-
poses, namely-
(a) meeting the cost of higher education, including where necessary, the travelling expenses,
of the subscriber or any child of the subscriber in the following cases, namely;-
* Inserted w.e.f. 5-5-89 by Notification No. PR -12016 / 1/ 89 PE-1 dt. 5-5-89 published
in the Government of India Gazette dated 5-5-89 under G.S.R. 508 (E).
* Omitted w. e. f. 25-6-74 by Notification No P / OM / 185 / 72 dt. 11-6-74 approved vide
Mty. of S & T Lr. No. PEX -20 / 74 dt. 29-5-74
** Substituted w. e. f. 4-11-78 vide Mty. of Shipping & Transport Notification No. PEX-46 / 78
dt.17-10-78 published in the Gazette of India dated 4-11-78 under GSR 1309
*** Substituted vide Notification No.PR-12016 / 5 / 96 PE-I and published under Gazette of
India vide GSR 311 (E) dated 5-6-97
(i) for education outside India for academic, technical, professional or Vocational courses be-
yond the High School stage, and

(ii) for any medical, engineering or other technical or speclaised course in India beyond the High
School stage;

(b) Meeting the expenditure in connection with the betrothal / marriage of the subscriber or his
sons or daughters, and any other female relation actully dependent on him;

(c) Meeting the expense in connection with the illness, including were necessary the travellling
expenses, of the subscriber or any person actually dependent on him;

* (d) Meeting the cost of consumer durables such as TV., VCR / VCP, Washing Machines ,Cooking
Range Geysers, Computers etc.

**B. During the service of a subscriber from the amount standing to his credit in the Fund for one
or more of the following purposes, namely:-

(a) building or acquiring a suitable house or ready built flat for his residence including the cost of
the site; or any payment towards allotment of a plot or flat by the G.C.D.A. or a state Housing
Board or a house building society.

(b) repaying an outstanding amount on account of loan expressly taken for building or acquiring a
suitable house or ready-built flat for his residence;

(c) purchasing a house-site for building a house thereon for his residence or repaying any out-
standing amount on account of loan expressly taken for this purposes;

(d) reconstructing or making additions or alterations to a house or a flat already owned or ac-
quired by a subscriber; within 12 months before the date of subscriber‟s retirement on super-
annuation from the amount standing to the credit in the Fund, with out linking to any purpose.

* (e) renovating additions or alterations or upkeep of the ancestral house or a house built with the
assistance of loan from the Board.

(f) constructing a house on a site purchased under clause (c);

(C) after the completion of twenty-eight years of service of a subscriber or within three years
before the date of his retirement on superannuation, from the amount standing to his credit in
the Fund, for purchasing a motor car or for repaying a loan already taken from the Board for
the purpose, subject to the following conditions;

* Substituted vide Ministry‟s Notification No. PR-12016 / 5 / 97 - PE - I dt. 5-6-97 and

published in Govt of India vide GSR 311 (E) dt. 5-6-97.

** Substituted vide Ministry‟s Notification No. PR-12016 / 5 / 94 - PE - I and

published in the Gazette of India vide GSR 160 (E) dt. 29-3-96.
 (i) the subscriber‟s pay is Rs. 1,000 or more;

(ii) the amount of withdrawal is limited to Rs. 12,000 or one-fourth of the amount standing to
the credit of the subscriber in the Fund or the actual price of the car, whichever is the
least
(iii) such withdrawal shall be allowed only on one occasion. In the case of withdrawal for
purchase of another motor car, the motor car advance under the provisions of chapter 14
of the General Financial Rules, 1963 as supplimented by executive instructions issued
from time to time by C entral Government will not be admissible.
* (D) within twelve months before the date of the subscriber‟s retirement on superannuation
from the amount standing to the credit in the Fund, without linking to any purpose.
NOTE: 1. A subscriber who has availed himself of an advance under the scheme of the Central
Government or a State Government for the grant of advance for house building purpose,
or has been allowed any assistance in this regard from any other Government source,
shall be eligible for the grant of final withdrawal under sub clause (a), (c), (d) and (f) of
clause (B) for the purposes specified therein and also for the purpose of repayment of
any loan taken under the aforesaid Scheme subject to the limit specified in the proviso to
sub-regulation (I) of regulation 17.
If a subscriber has an ancestral house or built a house at a place other than the place of his
duty with the assistance of loan taken from the Board shall be eligible for the grant of final
withdrawal under sub-clause (a), (c) and (f) of clause (B) for purchase of a house site or for
construction of another house or for acquiring a ready built flat at the place of his duty.
NOTE: 2. Withdrawal under sub-clause (a), (d), (e) or (f) of clause (B) shall be sanctioned only
after a subscriber has submitted a plan of the house to be constructed or of the additions
or alterations to be made, duly approved by the local municipal body of the area where
the site or house is situated and only in cases where the plan is actually got to be approved.
NOTE: 3. The amount of withdrawal sanctioned under sub-clause (b) of clause (B) shall not
exceed 3/4th of the balance on date of application together with the amount of Previous
withdrawal under sub-clause (a), reduced by the amount of previous withdrawal; The
formula to be followed is: 3/4th of ( the balance as on date plus amount of previous
withdrawal (s) for the house in question ) minus the amount of the previous withdrawal (s),
NOTE: 4. Withdrawal under sub-clause (a) or (d) of clause (B) shall also be allowed where the
house site or house is in the name of wife or husband provided she or he is the first
nominee to receive Provident Fund money in the nomination made by the subscriber.
NOTE: 5. Only one withdrawal shall be allowed for the same purpose under this regulation.
But marriage or education of different children or illness on different occasions or a
further addition or alteration to a house or flat covered by a fresh plan duly approved
by the local Municipal body of the area where the house or flat is situated shall not

* Substituted vide Notification No. PR-12016 / 30 / 94 - PE - I and published vide

GSR 160 (E) dt. 29-3-96.
 be treated as the same purpose. Second or subsequent withdrawal under sub-clause (a)
or (f) of clause (B) for completion of the same house shall be allowed up to the limit laid
down under Note 3.
NOTE: 6. A withdrawal under this regulation shall not be sanctioned if an advance under regu-
lation 13 is being sanctioned for the same purpose and at the same time.
**NOTE: 7. Part final withdrawal under this regulation shall not be permitted normally to an em-
ployee during the last three months of service. In exceptional circumstance, which should
be rare, part final withdrawal may be sanctioned with the approval of the Chairman
subject to the condition that the responsibility for any delay in the settlement of final
payment shall rest with the subscriber.
17. Conditions of withdrawal:- Any sum withdrawn by a subscriber at any one
time for one or more purposes specified in regulation 16 from the amount standing to his credit in
the fund # in case of withdrawal under clause (A) and up to 90% of balance at credit in case of
withdrawal under clause (B) of Regulation 16. shall not ordinarily exceed one-half of such amount
or six month‟s pay whichever is less. The sanctioning authority, may, however, sanction the with-
drawal of amount in excess of this limit upto three fourths of the balance at his credit in the Fund,
having due regard to (1) the object for which the withdrawal is being made; (ii) the status of the
subscriber; and (iii) the amount to his credit in the Fund:
Provided that in the case of a subscriber who has availed himself of an advance under the
scheme of the Central or a State Government for the grant of advances for house-building pur-
pose, or has been allowed any assistance in this regard from any other Government source, the
sum withdrawn under this clause, together with the amount of advance taken under the aforesaid
schemes or the assistance, taken from any other Government source, shall not exceed the maxi-
mum limit prescribed from time to time under Regulation 4 (a) of Cochin Port Employees ( grant
of advances for building etc of houses ) Regulations, 1971.
# Provided further that the withdrawal admissible under Regulation 16 (D) shall not exceed
90% of the amount standing to the credit of the subscriber in the fund.
*NOTE:1. A subscriber shall be permitted to make a withdrawal once in every six months under
sub-clause (a) of clause (A) of Regulation 16. Every such withdrawal shall be treated as
a withdrawal for a seperate purpose for the purposes of sub-regulation (1) of regulation 17.
NOTE: 2 In cases where a subscriber has to pay in instalments for a site or a house or flat
purchased or a house or flat constructed through the Greater Cochin Development Au-
thority or a State Housing Board or a House Building Co-operative Society, he shall be
permitted to make a withdrawal as and when he is called upon to make a payment in any
instalment. Every such payment shall be treated as a payment for a seperate purposes of
sub-regulation (1) of regulation 17.
** Added w. e. f. 5-5-89 by Notification No. PR-12016 / 1 / 89 - PEI dated 5-5-89 published
in the Government of India Gazette dated 5-5-89 under G.S.R. 508 (R).
* Substituted with effect from 4-11-78 vide Ministry of Shipping & Transport Notification No.
PEX-46 / 78 dt. 17-10-78 published in the Gazette of India dt. 4-11-78 under GSR-1309.
# Substituted vide Ministry‟s Notification No. PR-12016 / 30 / 94-PE-I published un-
der GSR 160 ( E ) dt.29.3.96
 (2) A subscriber who has been permitted the withdrawal of money under regulation 16 shall
satisfy the sanctioning authority within a reasonable period as may be specified by that authority
that the money has been utilised for the purpose for which it was withdrawn and if he fails to do so
the whole of the sum so withdrawn or so much thereof as has not been applied for such purposes
for which it was withdrawn shall forthwith be repaid in one lumpsum (**) by the subscriber to the
Fund and in default of such payment, it shall be ordered by the sanctioning authority to be recov-
ered from his emoluments either in a lumpsum or any such number of monthly instalments as may
be determined by the chairman.
*** (3) A Subscriber who has been permitted under* [sub-clause (a), sub-clause (b), or sub-
clause (c), of clause (B) of regulation 16 ] to withdraw money from the amount standing to his
credit in the Fund, shall not part with the possession of the house so built or acquired or house site
so purchased, by way of sale, mortgage ( other than mortgage to the Board ), or gift, without the
previous permission of the Board. He shall also not part with the possession of such house or
house site by way of exchange or lease for a term exceeding three years, without the previous
permission of the sanctioning authority. The subscriber shall submit a declaration not later than the
31st day of December of every year to the effect that the house or, as the case may be, the house
site continues to be in his possession and shall, if so required, produce before the sanctioning
authority on or before the date specified by that authority in that behalf, the original sale deed and
other documents on which his title to the property is based.
* Note: In the case of an employee who has availed himself of a loan from Central or State
Government or the Board for building purpose, the declaration mentioned in the preceding para
shall be as follows:-
“I do hereby certify, that the house / house site for the construction of which or for the acqui-
sition of which I have taken a final withdrawal from the Fund continues to be in my possession
but stands mortgaged to the Central Government / State Government Board”.
If at any time before retirement, he parts with the possession of the house or house site with-
out obtaining the previous permission of the Board or sanctioning authority as the case may be, the
sum withdrawn by him shall forthwith be repaid in one lumpsum (**) by the subscriber to the Fund
and in default of such repayment, it shall be ordered by the sanctioning authority, to be recovered
from his emoluments either in a lumpsum or in such number of monthly instalments as may be
determined by the Chairman.
18. Conversion of an advance into a withdrawal:- A subscriber who
has already drawn or may draw in future an advance under regulation 13 for any of the purposes
specified in (@@) regulation 16, may convert, at his discretion by a written request addressed to
the Accounts Officer through the sanctioning authority, the balance outstanding against him into a
final withdrawal on his satisfying the conditions laid down in regulations 16 and 17.

*** Substituted w. e. f. 6-6-67 by Notification No.P / OM / 141 / 66 dt. 22-5-67 approved vide
Mty. of S & T Lr. No-PE (14) / 67 dt. 12-5-67.
* Added w. e. f. 14-5-68 by Notification No. P / OM / 181 / 67 dt. 1-5-68 approved vide
Mty. of S & T Lr. No. 6-PE (38) / 68 dated 22-4-68.
** Omitted w. e. f. 25-6-74 by Notification No P / OM / 185 / 72 dt. 11-6-74 approved vide
Mty. of S & T Lr. No. PEX -20 / 74 dt. 29-5-74
@@Omitted w. e. f. 4-11-78 vide Ministry of Shipping & Transport Notification No. PEX-46/
78 dt. 17-10-78 published in the Gazette of India dated 4-11-78 under GSR 1309.
19. Payment towards Insurance Policies and family pension funds:-
Subscribers who, before the 17th December 1960 have been substituting in whole or in part,
payments towards policies of life insurance for subscriptions or making withdrawals for such
payments from the Fund under the provisions of rules 17 to 29 of the General Provident
Fund ( Central Services ) Rules, 1960, will continue to enjoy the benefit under the same terms and
conditions mutandis:

Provided that such subscribers shall not be permitted to substitute such payments for sub-
scriptions due to the Fund or to withdraw from the Fund for making such payments in respect of
any new policy.

Provided further that any policy assigned to the President of India under the provisions of the
said Rules shall on the commencement of these regulations be deemed to be a policy assigned to
the Board. The subscriber shall take immediate steps to get such policies assigned to the Board.

20. Final withdrawal of accumulation in the fund:- When a

subscriber quits the service the amount standing to his credit in the Fund shall become payable to
him.

Provided that a subscriber who has been dismissed from the service and is subsequently
reinstated in the service, shall if required to do so by the Board repay any amount paid to him from
the Fund in pursuance of this regulation (*) in the manner provided in the proviso to regulation 21
The amount so repaid shall be credited to his account in the Fund.

Explanation: (1) A subscriber who is granted refused leave shall be deemed to have quit the
service from the date of compulsory retirement or on the expiry of an extension of service.

Explanation: (2) A subscriber other than one who is appointed on contract or one who has
retired from service and is subsequently re employed with or without a break in service, shall not
be deemed to have quit the service when he is transferred without any break in service to a new
post under any other Major Port authority in which he is governed by another set of Provident
Fund Rules and without retaining any connection with his former post. In such a case his subscrip-
tions together with interest thereon shall be transferred to his account in the other Fund in accor-
dance with the rules of that Fund. The same shall hold good in cases of retrenchment followed
immediate employment whether under the Board or under any other major Port authority.

21. Retirement of subscriber:- when a subscriber -

(a) has proceeded on leave preparatory to retirement,
OR
(b) while on leave , has been permitted to retire or has been declared by a competent medical
authority to be unfit for further service.
The amount standing to his credit in the Fund shall upon an application made by him in that
behalf to the Accounts Officer become payable to him.

* Omitted w. e. f. 25-6-74 by Notification No P / OM / 185 / 72 dated 11-6-74 approved vide

Ministry of Shipping & Transport Letter No. PEX -(20) / 74 dated 29-5-74
 * Provided that the subscriber, if he returns to duty, shall, except where the Board decides
otherwise, repay to the Fund, for credit to his account the whole or part of any amount paid to him
from the Fund in pursuance of this regulation (**) in cash or securities or partly in cash and partly
in securities, by instalments or otherwise, by recovery from his emoluments or otherwise as may
be directed by the chairman.

22. Procedure on death of a subscriber :- On the death of a subscriber

before the amount standing to his credit has become payable, or where the amount has become
payable, before payment has been made;
(1) When the subscriber leaves a family-

(a) If a nomination made by the subscriber in accordance with the provisions of regulations
6 or of the corresponding rule in force earlier in favour of a member or members of his
family subsist the amount standing to his credit in the Fund or the part thereof to which
the nomination relates shall become payable to his nominee or nominees in the propor-
tion specified in the nomination;

(b) If no such nomination in favour of a member or member of the family of the subscriber
subsists, or if such nomination relates only to a part of the amount to his credit in the
Fund, the whole amount or a part thereof to which the nomination does not relate as the
case may be shall, not withstanding any nomination purporting to be in favour of any
person or persons other than a member or members of his family, become payable to the
members of his family in equal shares.

Provided that no share shall be payable to-

(1) sons who have attained majority;
(2) sons of a deceased son who have attained majority;
(3) married daughters whose husbands are alive;
(4) married daughters of a deceased son whose husbands are alive;
If there is any member of the family other than those specified in clause (1), (2), (3) and (4);

Provided further that the widow or widows and the child or children of a deceased son shall
receive between them in equal parts only the share which that son would have received if he had
survived the subscriber and had been exempted from the provisions of clause (1) of the first
proviso.

(ii) When the subscriber leaves no family, if a nomination made by him in accordance with
the provisions of regulation 6 or of the corresponding rule in force earlier in favour of any person
or persons subsists the amount standing to his credit in the Fund or the part thereof to which the
nomination relates, shall become payable to his nominee or nominees in the proportion specified in
the nomination.

* Substitued w. e. f. 12-10-71. by Notification No. P / OM / 60 / 71 dt. 24-9-71

** Omitted w. e. f. 25-6-74 by Notification No P / OM / 185 / 72 dt. 11-6-74 approved vide
Ministry of Shipping & Transport Letter No. PEX -(20) / 74 dt. 29-5-74
23. Manner of payment amounts in the Fund :- (1) When the
amount standing to the credit of a subscriber in the Fund becomes payable, it shall be the duty of
the Accounts Officer to make payment on receipt of written application in this behalf as provided
in sub-regulation (3).

(2) If the person to whom, under these regulations any amount or policy is to be paid, as-
signed, reassigned or delivered, is a lunatic for whose estate a manager has been appointed in this
behalf under the Indian Lunacy Act 1912, the payment or re-assignment of delivery shall be made
to such manager and not to the lunatic.

* Provided that where no manager has been appointed and the person to whom the sum is
payable is certified by a Magistrate to be a lunatic, the payment shall, under the orders of the
Collector, be made in terms of sub-section (1) of Section 95 of the Indian Lunacy Act, 1912 to
the person having charge of such lunatic and the Accounts Officer shall pay only the amount which
he thinks fit to the Person having charge of the lunatic and the surplus, if any, or such part thereof,
as he thinks fit, shall be paid for the maintenance of such members of the lunatic‟s family as are
dependent on him for maintenance.

**(3) Payment of the amount withdrawn shall be made in India only. The persons to whom
the amounts are payable shall make their own arrangements to receive payment in India. The
following procedure shall be adopted for authorising the payment of GPF accumulation of an
employee retiring on superannuation, namely:-

(i) A subscriber shall make an application in Part I of the Form appended one year in ad-
vance of the date of superannuation for the payment of the accumulation standing a credit of his /
her account in the fund till that date.

(ii) The subscriber shall make another application in Part II of the Form appended immedi-
ately after the last fund deduction is made and the exemption from subscriptions to the fund is
operated for the payment of subscriptions and refund of instalments against advances, if any,
made during the period not covered by the first application referred to in sub-clause (1) above.

(iii) The Accounts Officer on receipt of the application for final payment of GPF account
made by the employee one year in advance of the date on which the employee attains the age of
superannuation shall verify the ledger-account upto that period and after receiving the second
application verify the ledger account for the remaining nine months and authorise the payment
atleast a month before the date of his superannuation. The amount shall be payable on the date
following the date of retirement of the employee.

* Added w. e. f. 9-3-71 by Notification No. P / OM / 244 / 70 dt. 15-2-71.

** Substituted w. e. f. 5-5-89 . by Notification No. PR-12016 / 1 / 89 -PE-I dated 5-5-89

published in the Govt. of India Gazette dt. 5-5-89 under G.S.R. 508 (E).
 (iv) The format of application ( Part I ) to be submitted by the subscriber one year in ad-
vance of the date of superannuation and ( Part II ) to be submitted immediately, after the last fund
deduction has been made and the exemption from subscribing to the fund has begun to operate, is
appended.

Explanation: When the amount standing to the credit of a subscriber has become payable under
Regulation 20, 21 or 22 the Accounts Officer shall authorise prompt payment of the amount in the
manner indicated in sub-regulation (3).

24. Procedure on transfer of an employee from one Major

Port to another :- If an employee who is a subscriber to the Fund is permanently
transferred to pensionable service in any other Major Port in which he governed by similar regu-
lations, the amount of subscription, together with interest thereon standing to his credit in the
Fund on the date of transfer shall be transferred to his credit in the Fund of such Major Port.

Provided that where the rules so require, the consent of the Major Port authority concerned
shall be obtained.

25. Transfer of amount to contributory provident fund :-

If a subscriber to the Fund is subsequently admitted to the benefits of a contributory provi-
dent fund under the Board, the amount of his subscriptions in the Fund, together with interest
thereon, shall be transferred to the credit of his account in the contributory provident fund.

Explanation: The provision of this regulation shall not apply to a subscriber who is ap-
pointed on contract or who has retired from service and is subsequently re-employed with or
without a break in service in another post carrying contributory provident fund benefits.

26. Relaxation of the provisions and regulations in individual cases :-

When the board is satisfied that the operation of any of these regulations causes, or is likely to
cause, undue hardship to a subscriber, the Board may, notwithstanding anything contained in these
regulations deal with the case of such subscriber in such manner as may appear to it to be just and
equitable.

* Provided that the payment of the entire amount before an employee actually proceeds on
leave preparatory to retirement or actually retires, cannot be done by the Board.

27. Number of account to be quoted at the time of payment

of subscriptions:- When paying a subscription in India, either by deduction from emolu-
ments or in cash a subscriber should quote the number of his account in the Fund which shall be
communicated to him by the Accounts Officer. Any change in the number shall similarly be com-
municated to the subscriber by the Accounts Officer.

* Added w. e. f. 5-3-68 by Notification No. P / OM / 120 / 67 dt. 22-2-68 approved vide

Ministry of Shipping & Transport‟s letter No. 6-PE (14) / 68 dated 14-2-68.
28. Annual Statement of accounts to be supplied to subscriber :-
(1) As soon as possible after the close of each year, the Accounts Officer shall send to each
subscriber a statement of his accounts in the Fund showing the opening balance as on the 1st April
of the year, the total amount credited or debited during the year, the total amount of interest
credited as on the 31st March of the year and the closing balance on the date. The Accounts
Officer shall attch to the statement of account an enquiry whether the subscriber.

(a) desires to make any alteration in any nomination made under regulation 6 or under the
corresponding rule in force earlier.

(b) has acquired a family in cases where the subscriber has made no nomination in favour of
a member of his family under regulation 6.

(2) Subscribers shall satisfy themselves as to the correctness of the annual statement and
they shall bring to the notice of the Accounts Officer within three months from the date of receipt
of the statement by them, any inaccuracy or arrear in such statement.

(3) The Accounts Officer shall, if required by a subscriber once but not more than once in
year inform the subscriber of the total amount standing in his credit in the Fund at the end of the
last month for which his account has been written up.

*29. Interpretation :-
If any question arises relating to the interpretation of this regulations, it shall be referred to the
Central Government who shall decide the same.

( Published in the Kerala Gazette dt. 26-6-1977 )

* Substituted with effect from 26-7-77 vide Notification No. P2 / 1771 (VIII) / 77 dated
5-7-77 approved vide Ministry of Shipping & Transport‟s Notification dated 11-6-77
published in the Gazette of India dated under G.S.R.
 FIRST SCHEDULE [ REGULATION 6 (3) ]

FORM OF NOMINATION
Account No......................................

I........................................... hereby nominate the person (s) mentioned below who is / are
member (s) / non-member (s) of my family as defined in Regulation 2 of the Cochin Port Employ-
ees ( General Provident Fund ) Regulations, 1964, to receive the amount that may stand to my
credit in the Fund as indicated below, in the event of my death before that amount has become
payable or having become payable has not been paid.
Name and full Relationship Age of the Share payable Contigencies on the
address of the with the nominee (s) to each nominee happening of which
nominee (s) subscriber the nomination will
become invalid
1 2 3 4 5

Name and address and relationship If the nominee is not a member

of the person (s) if any to of the family as provided in
whom the right of nominee shall Regulation 2, indicate the
pass in the event of his / her reasons
predeceasing the subscriber
6 7
FORM OF NOMINATION
Dated this ..................................................day of 20..................................at.......................

Two witness to Signature Signature of the subscriber.......................

Name and Address Name in Block letters..............................

1. Designation.............................................

2. Signature

( Reverse of the form )

Space for use by the Head of Office / Financial Adviser &
Chief Accounts Officer

Nomination by Shri / Smt. / Kumari...........................................Designation...........................

Date of Receipt of nomination.................................................

Signature of Head of Office / Financial

Adviser & Chief Accounts Officer,

Designation............................................

Date......................................................

Instructions for the subscriber:-

(a) Your name may be filled in.
(b) Name of the fund may be completed suitably,
(c) Definition of term “family” as given in the CPE ( GPF ) Regulations, 1964 is repro-
duced below.

Family means :
(1) In case of a male subscriber the wife or wives, parents, children, minor brothers, unmar-
ried sisters deceased son‟s widow and children and where no parent of the subscriber is
alive, a paternal grand parent.
Provided that if a subscriber proves that his wife has been judicially seperated
from him or has ceased under the customary low of the community to which she belongs
to be entitled to maintenance she shall henceforth be deemed to be no longer a member
of the subscriber‟s family in matters to which these regulations relate unless the sub-
scriber subsequently intimates in writing to the Accounts Officer that she shall continue to
be so regarded.
 (II) In case of a female subscriber, the husband, parents, children, minor brothers, unmarried
sisters deceased son‟s widow and children and where no parent of the subscriber is
alive, a paternal grandparent.

Provided that if a subscriber by notice in writing to the Accounts Officer

expresses her desire to exclude her husband from her family, the husband shall hence-
forth be deemed to be no longer a member of the subscriber‟s family in matters to which
these regulations relate unless the subscriber subsequently cancels such notice in writing.

NOTE: Child means legitimate child and includes an adopted child where adoption is recognised
by the personal law Governing the subscriber or a ward under the Guardians and wards Act,
1890 ( 8 of 1890 ) who lives with the employee and is treated as a member of the family and to
whom the employee has, through a special will, given the same status as that of natural born child.

(d) Col 4. If only one person is nominated the words “in full” should be written against the
nominee. If more than one person is nominated, the share payable to each nominee over
the whole amount of the Provident Fund shall be specified.

(e) Col. 5 Death of nominee (s) should not be mentioned as contigency in this column.

(f) Col. 6. Do not mention your name.

(g) Draw line across the blank space below last entry to prevent insertion of any name after
you have signed.

Substituted vide G.S.R. No. 160 (E) dt. 29-3-96

 * APPENDIX
FORM
Form of application for final payment / transfer to corporate Bodies / other
Government, of balances in the General Provident Fund Account
To
The Financial Adviser & Chief Accounts Officer,
Cochin Port Trust.
( Through the Head of Office )
Sir,
I am to retire / have retired / have proceeded on leave / preparatory to retirement for............
............................................................ months have been discharged / dismissed / have per-
manently been transferred to ............................................ / have resigned finally from Board
service have resigned service under........................................................................................
Government to take up appointment with.................................................................................
and my resignation has been accepted with effect from.............................................................
forenoon / afternoon. I joined service
with.................................................................................
on..............................................................................forenoon / afternoon.

2. My Provident Fund Account No is.......................................

3. I desire to receive payment through your Office. Particulars of my personal marks of identi-
fication, left and thumb and finger impressions ( in the case of illiterate subscribers ) and specimen
( signature in the case of literate subscribers ) in duplicate, duly attested by a Class I or Class II
Officer of the Board, are enclosed.
PART - I
( To be filled in when the application for final payment is submitted upto one year prior to
retirement )

4. An amount of Rs........................ stood to the credit in my General Provident Fund Account

as indicated in the accounts Statement issued to me for the year..........................................as
appearing in my ledger account being maintained by you . I request that my G.P.F. Account may
be reviewed and brought up-to-date.

5. The undermentioned Life Insurance Policies were being financed by me form my Provident
Fund Account.
Policy Number Name of the Company Sum assured

1. ....................................... ................................................ ............................

2. ....................................... ................................................ ............................

3. ....................................... ................................................ ............................

* Appended w. e. f. 5-5-89 by Notification No. PR-12016 / 1 / 89-PEX dated 5-5-89 pub
lished in the Government of India Gazette dated 5-5-89 under G. S. R. 508 (E)
6. I will make another application immediately after last fund deduction has been made from my
salary, in Part II of the Form.
Yours faithfully
Station.................................... Signature.....................................
Date....................................... Name..........................................
Address......................................
( FOR USE BY HEADS OF OFFICES )
Forwarded to the Financial Adviser & chief Accounts Officer...............................................
for necessary action,
2. The Provident Fund Account No. of Shri / Smt / Kum, ( as verified with the Statements
issued to him / her from year to year ) is.................................................................................

3. He / She is due to retire from Board‟s service on ............................................

4. Certified that he / she had taken the following advances in respect of which........................
....................................instalment of Rs............................................................. are yet to be
recovered and credited to the Fund Account. The details of the final withdrawals granted to him / her
after the period coverd by the aforesaid Accounts Statement are indicated below:-
Temporary advances Final withdrawals
1. ................................................... ..................................................
2. ................................................... ..................................................
3. ................................................... ..................................................
Signature of the Head of Office.
PART -II
( To be submitted by the subscriber immediately after the last fund deduction has been made from
his salary. This part is also applicable in the case of subscriber who apply for final payment for the
first time after the date of superannuation, discharge, resignation etc. )
In continuation of my earlier application dated......................... for the final payment of Provident
Fund balance, I request that entire balance at my credit with interest due under the rules may be
paid to me.
OR
I request that the entire amount at my credit with interest due under the rules may be paid to me
/ transferred to ................................................
Signature ...............................................
Name....................................................
Address.................................................
..............................................................
 ( FOR USE BY HEADS OFFICES )

Forwarded to the Financial Adviser & Chief Accounts

Officer................................................ for necessary action / incontinuation of endorsement
No........................................................ dated.........................................

2. He / She is due to retire from service on .........................................................................

has proceeded on leave preparatory to retirement for.............................................................
months from.................................................. / has been discharged / dismissed / permanently
transferred to ................................................................................................ . / has resigned
finally from Government service / has resigned service under...................................................
............................................Government to take up appointment with...................................
.......................................................................... and his / her resignation has been accepted
with effect from.....................................................................................forenoo n / afternoon.
He / She joined service with .......................................... no ................................................
.................................................forenoon / afternoon.

3. The last fund deduction was made from his / her pay in this office Bill No..........................
.........................................dated............................for Rs.......................................( Rupees
...........................................................................) cash voucher
No.................................... of.............................................................................Treasury,
the amount of deduction being Rs.................................................................. and recovery
on account of refund of advance
Rs................................................................................................................................

4. Certified that he / she was neither sanctioned any temporary advance nor any final withdrawal
from his / her Provident Fund Account during the 9 months immediately preceeding the date on
which the last fund deduction has been made from his / her salary or thereafter.
or
Certified that the following temporary advances / final withdrawals were sanctioned to him /
her and drawn from his / her Provident Fund Account during the 9 months immediately preceding
the date on which the last fund deduction has been made from his / her salary or thereafter.

Amount of advance / withdrawal Date Voucher number

1. ...................................................... .......................... ................................

2. ...................................................... .......................... ................................

3. ...................................................... .......................... ................................

5. Certified that no amount was withdrawn / the following amounts were withdrawn from his / her
Provident Fund account during the nine months immediately preceding the date on which the last
fund deduction was made from his / her salary / proceeding on leave preparatory to retirement or
thereafter for payment of insurance premia purchase.

Amount Date Voucher number

1. ...................................................... .......................... ................................

2. ...................................................... .......................... ................................

3. ...................................................... .......................... ................................

6. Certified that he / she has not resigned from Board‟s service with prior permission of the
Competent Authority to take up an appointment in another Department of the Central Govt. or
under a State Government or under a body corporate owned or controlled by the State.

........................................

( Signature of Head of Office )

 THE COCHIN PORT EMPLOYEES
( CLASSIFICATION, CONTROL AND APPEAL )
REGULATIONS, 1964
G.S.R. 319 In exercise of the powers conferred by Sectoin 126 read with Section 28 of
the Major Port Trust Acts, 1963 ( 38 of 1963 ), the Central Government hereby makes the
following regulations namely:-
PART I - General
1. Short title and Commencement :- (a) These regulations may be called the
Cochin Port Employees ( Classification , Control and Appeal ) Regulations, 1964,
(b) They shall come into force on the 29th February, 1964.
2. Definitions:- In these regulations, unless the context otherwise requires:-
(a) „Act‟ means the Major Port Trusts Act, 1963 ( 38 of 1963 );
(b) „Appointing Authority‟ in relation to an employee means the authority prescribed as
such in the Schedule;
*(c) Board, Chairman, Deputy Chairman and Head of Department have the meanings as-
signed to them in the Act.
(d) „Disciplinary Authority‟ in relation to the imposition of a penalty on an employee, means
the authority competent under these regulations to impose on him that penalty;
(e) „Employee‟ means an employee of the Board and includes any such person on foreign
service or whose services are temporarily placed at the disposal of the Board and also any person
in the service of the Central or State Government or a local or other authority whose services are
temporarily placed at the disposal of the Board;
(f) „Schedule‟ means the Schedule to these regulations.
3. Application:- (1) These regulations shall apply to all the employees of
the Board, except- (a) Persons in casual employment
(b) Persons subject to discharge from service on less than one Month‟s notice (and**)
(c) **
(2) Notwithstanding anything contained in sub-regulation (1) the Board may by order ex-
clude from the operation of all or any of these regulations any employee or class of employees.
(3) If any doubt arises as to whether these regulations or any of them apply to any person,
the matter shall be referred to the Central Government *** for decision.

*** 4. Deleted
* Substituted w. e. f. 4-11-86 vide Notification No. PW-PER-38 / 85 dt. 4-11-86 published in
the Govt. of India Gazette dated 4-11-86 under G.S.R. 1178 (E).
* Inserted w.e.f. 16-12-87 vide Notification No. PR-19024 ( 1 /86-PE ) (Vol.V) dated 16-12-
87 published in the Govt. of India Gazette dt. 16-12-87 under G.S.R. 988 (E).
*** Deleted and substituted vide Ministry‟s Notification No. H-11011 / 2 /97-PE-I and published
in Gazette of India vide GSR 843 (E) dt. 31-10-2000
***. Deleted vide G.S.R. No. 843 (E) dt. 31-10-2000
5. Protection of rights and privileges conferred by any law or
agreement :- Nothing in these regulations shall operate to deprive any employee of any
right or privilege to which he is entitled-
(a) by or under any law for the time being in force, or
(b) by the terms of any agreement subsisting between such person and the Board

PART II - Classification

6. Classification of posts :-
(1) All posts under the Board other than those ordinarily held by persons to whom these
regulations do not apply, shall by a general or special order of the Board be classified as follows :-
ClassI Posts, that is to say, posts carrying a pay or a scale of pay the maximum of which is
more than Rs. 1,099/-
Class II Posts, that is to say, posts carrying a pay or a scale of pay the maximum of which is
more than Rs. 650/-, but not more than Rs. 1,099/-
ClassIII Posts, that is to say, posts carrying a pay or a scale of pay the maximum of which is
more than Rs.160/-, but not more than Rs. 650/-
ClassIV Posts, that is to say, posts carrying a pay or a scale of pay the maximum of which is not
more than Rs. 160/-

(2) Any order made by the competent authority and in force immediately before the com-
mencement of these regulations relating to classification of posts in the port of Cochin shall con-
tinue in force until altered, rescinded or amended by an order of the Board under sub-regulation (I)

[*Explanation: The competent authority for the purpose of Sub-regulation (2) is the authority
which was competent to issue an order relating to classification of posts in the Port of Cochin
immediately before the commencement of this regulations, i. e. the Central Govt. in respect of
Class I and Class II posts or the Administrative Officer in respect of Class III and Class IV posts ]

*(3) [ Notwithstanding anything contained in sub-regulation (1) the Board shall reclassify the
posts as class I, Class II, Class III and Class IV from time to time depending upon the revision of
scales of pay of the employees of the Board ]

PART III -Appointing Authorities

7. Appointments to Class I Posts :-

(1) All appointments to Class I posts under the Board ( other than posts covered by clause
(a) of sub-section (1) of Section 24 of the Act ) shall be made by the Chairman

* Inserted w.e.f. 16-12-87 vide Notification No.PR-19024 (1) 86 PE-I (Vol.V) dated 16-12-87
published in the Govt. of India Gazette dated 16-12-87 under G.S.R. 988 (E)
 (2) All appointments to posts covered by clause (a) of sub-section (1) of Section 24 of the
Act shall be made by the Central Government after consultation with the Chairman,
8. Appointments to other posts :- All appointments other than the appointments
referred to in regulation 7 shall be made by the authorities specified in this behalf in the Schedule.

PART IV- Suspension

9. Suspension :-
(1) An employee may be placed under suspension -
(a) Where a disciplinary proceeding against him is contemplated or is pending, or
(b) Where a case against him in respect of any criminal offence is under investigation or trial.
(2) The order of suspension shall be made -
(a) in the case of an employee holding a post referred to in the clause (a) of sub-section
(1) of section 24 of the Act, by the Chairman;
(b) in any other case by the Appointing Authority:
Provided that no such order relating to an employee referred to in clause (a) shall have effect
until it is approved by the Central Government.
(3) An employee who is detained in custody, ** for a period exceeding 48 hours shall be
deemed to have been suspended with effect from the date of detention, by an order of the Chair-
man or the Appointing Authority, as the case may be, and shall remain under suspension until
further orders are made by the Chairman or the Appointing Authority.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed
upon an employee under suspension is set aside in appeal under these regulations and the case is
remitted for further enquiry or action or with any other directions, the order of his suspension shall
be deemed to have continued in force on and from the date of original order of dismissal, removal
or compulsory retirement and shall remain in force until further orders.
(5) Where a penalty of dismissal, removal or compulsory retirement from service imposed
upon an employee is set aside or declared or rendered void in consequence of, or by a decision of
a Court of Law, and the Disciplinary Authority on a consideration of the circumstances of the
case, decides to hold a further enquiry against hm on the allegations on which the penalty of
dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed
to have been placed under suspension by the authority competent to do so from the date of the
original order of dismissal, removal or compulsory retirement and shall continue to remain under
suspension until further orders.
* 1 [ Provided that no such further enquiry shall be ordered unless it is intended to
meet a situation where the Court has passed an order purely on technical grounds without going
into the merits of the case ]

* 1. Inserted w. e. f. 16-12-87 vide Notification No. PR-19024 (1) 86 PE-I (Vol.V) dated 16-12-87
published in the Govt. of India Gazette dated 16-12-87 under G.S.R. 988 (E).
** Deleted vide Ministry‟s Notification No. H-11011 / 2 / 97 - PE-I and published in the
Gazette of India vide G.S.R. 843 (E). dt. 31-10-2000.
(6) An order of suspension made or deemed to have been made under this regulation may, at
any time, be revoked by the Authority which made or is deemed to have made the order or by any
Authority to which that Authority is subordinate,
PART V- Discipline
10. Nature of penalties :- The following penalties may, for good and sufficient
reasons and, as hereinafter provided, be imposed on an employee namely :-
(i) Censure;
(ii) withholding of increments or promotion* for a minimum period of 6 months and maxi
mum period of 3 years.
(iii) recovery from pay of the whole or part of any pecuniary loss caused to the Board by
negligence or breach of orders;
(iii) (a) reduction to lower stage in the time scale of pay for a period not exceeding 3 years,
without cumulative effect and not adversely affecting his pension.
(iv) reduction to a lower stage in the time scale of pay for a specified period, with further
directions as to whether or not the employee will earn increments of pay during the period of such
reduction and whether on the expiry of such period, the reduction will or will not have the effect to
postponing the future increments in his pay.
(iv)(a) reduction to lower time scale of pay, grade or post or service which shall ordinarily be a
bar to the promotion of the employee to the time scale of pay, grade, post or service from which
he was reduced with or without further directions regarding conditions of restoration to the grade
or post or service from which the employee was reduced and his seniority and pay on such resto-
ration to that grade, post or service
(v) compulsory retirement;
(vi) removal from service which shall not be a disqualification for future employment;
(vii) dismissal from service which shall ordinarily be a disqualification for future employment.
Explanation :- The following shall not amount to a penalty within the meaning of this regulations:-
(i) withholding of increments of an employee for failure to pass a departmental examination in
accordance with the regulations or orders governing the post or the terms of his appointment.
(ii) stoppage of an employee at the efficiency bar in the time-scale on the ground of his
unfitness to cross the bar;
(iii) non-promotion whether in a substantive or officiating capacity of an employee, after
consideration of his case, to a grade or post for promotion to which he is eligible.
(iv) reversion to a lower grade or post of an employee officiating in a higher grade or post on
the ground that he is considered, after trial, to be unsuitable for such higher grade or post
on administrative grounds unconnected with his conduct
(v) reversion to his permanent grade or post of an employee appointed on probation to
another grade or post during or at the end of the period of probation in accordance with
the terms of his appointment or the regulations and orders governing probation;
(vi) replacement of the service of an employee whose services have been borrowed from the
Central or a State Government or an authority under the control of the Central or State
Government at the disposal of the Authority which had lent his services;
* Substituted vide Ministry‟s Notification No. H-11011 / 2 / 97 - PE-I and published in the
Gazette of India vide G.S.R. 843 (E). dt. 31-10-2000.
 (vii) Compulsory retirement of an employee in accordance with the provisions relating to his
superannuation or retirement ;
(viii) Termination of the service-
(a) of an employee appointed on probation during or at the end of the period of probation, in
accordance with the terms of his appointment or the regulations and orders governing
probation; or
(b) of an employee, employed under an agreement in accordance with the terms of such
agreement.
(c) of a temporary employee under regulation 5 of the Cochin Port Employees ( Temporary
Service ) Regulations, 1964.
11. Disciplinary Authorities :-
The authorities mentioned in the Schedule shall be competent to impose the penalties on
the employees of different grades and services as indicated in the Schedule.

12. Procedure for imposing major penalties :-

(1) No order imposing on an employee any of the penalties specified in items (iv) to (vii) of
Regulation 10 shall be passed except after an enquiry held, as far as may be, in the manner
hereinafter provided.
(2) The Disciplinary Authority shall frame charges on the basis of the allegations on which
the inquiry is proposed to be held. Such charges, together with a statement of the allegations on
which they are based shall be communicated in writing to the employee, and he shall be required
to submit,* within a period of 20 days (a) to such Authority or (b) where a Board of Inquiry
orInquiring Officer has been appointed under sub-regulation (3) to that Board or Officer, a written
statement of his defence and also to state whether he desires to be heard in person.
Explanation :- In this Sub-Regulation and in Sub-Regulation (4) the expression “the Disciplinary
Authority”, shall include the authority competent under the Regulations to impose upon the em-
ployee any of the penalties specified in items (i) to (iii) ( a )of Regulation 10,
(3) The Disciplinary Authority may inquire into the charges itself or if it considers it neces-
sary so to do, it may, either at the time of communicating the charges to the employee under sub-
regulation (2) or at any time thereafter, appoint a Board of Inquiry or Enquiring Officer for the
purpose.
(4) The employee shall, for the purpose of preparing his defence, be permitted to inspect
and take extracts from such official records as he may specify provided that such permission may
be refused if, for reasons to be recorded in writing, in the opinion of the Disciplinary Authority
such records are not relevant for the purpose or it is against the Board‟s interest to allow him
access thereto.
(5) On receipt of the written statement of defence or if no such statement is received within
the time specified, the disciplinary authority or as the case may be, the Board of Inquiry or the
Inquiring Officer may inquire into such of the charges as are not admitted.

* Deleted and Substituted vide Ministry‟s Notification No. H-11011 / 2 / 97 - PE-I and pub-
lished in the Gazette of India vide G.S.R. 843 (E). dt. 31-10-2000.
 (6) The Disciplinary Authority may nominate any person to present the case in support of the
charges before the Authority inquiring into the charges ( hereinafter referred to as the Inquiring
Authority ). The employee may present his case with the assistance of any other employee.

* [ including a retired employee who retired from services not earlier than 3 years from the
date of commencement of the assistance ] but may not engage a legal practitioner for the purpose
unless the person nominated by the disciplinary authority is a legal practitioner or unless the disci-
plinary authority, having regard to the circumstances of the case, so permits.

** [ provided that an employee shall not take the assistance of any other employee who has
pending disciplinary cases on hand in which he has to give assistance and that of a retired em-
ployee who has three pending disciplinary cases on hand in which he has to give assistance ].

(7) The Inquiring Authority shall, in the course of the inquiry, consider such documentary evi-
dence and take such oral evidence as may be relevant or material in regard to the charges. The
employee shall be entitled to cross exmine witness examined in support of the charges and to give
evidince in person. The person presenting the case in support of the charges shall be entitled to cross-
examine the employee and the witness examined in his defence. If the Inquiring Authority declines to
examine any witness on the ground that his evidence is not relevant or material, it shall record its reason
in writing.

(8) At the conclusion of the inquiry, the Inquiring Authority shall prepare a report of the
inquiry, recording its findings on each of the charges together with reasons therefor. if in the
opinion of such Authority, the proceedings of the inquiry establish charges different from those
originally framed, it may record findings on such charges provided that findings on such charges
shall not be recorded unless the employee has admitted the facts consulting them or has had an
opportunity of defending himself against them.

(9) The Board may, from time to time, prescribe time limits within which the various stages of
enquiry should be completed, namely inspection of documents by the accused employee, request
for access to additional records, inspection of such additional records and submission of state-
ment by the accused employee on the charges made against him, such time limits may be pre-
scribed in respect of enquiries connected with the imposition of major as well as minor penalties.

(10) The record of the inquiry shall include.

(i) the charges framed against the employee and the statement of allegations furnished to him
under sub-regulation (2);
(ii) his written statement of defence, if any;
(iii) the oral evidence taken in the course of the inquiry;
(iv) the documentary evidence considered in the course of the inquiry:

* Substituted w.e.f. 28-7-79 vide Ministry of Shipping & Transport Notification No.PEX-3 / 79
dt. 12-7-79 published in the Gazette of India dt. 28-7-79 under G.S.R.998.
** Added w.e.f. 28-7-79 vide Ministry of Shipping & Transport Notification No.PEX-3 / 79
dt. 12-7-79 published in the Gazette of India dt. 28-7-79 under G.S.R.998.
 (v) the orders, if any, made by the Disciplinary Authority and the Inquiring Authority in re-
gard to the inquiry, and
(vi) a report setting out the findings on each charge and the reasons therefor.
(11) The Disciplinary Authority shall, if it not the Inquiry Authority, consider the record of the
inquiry and record of his findings on each charge.
* (12) [ if the Disciplinary Authority having regard to its findings on all or any of the articles of
charges and on the basis of the evidence adduced during the inquiry, is of the opinion that any of
the penalties specified in terms (vi) to (vii) of Regulation 10 should be imposed on the employee,
it shall make an order imposing such penalty and it shall not be necessary to give the employee any
opportunity of making representation on the penalty proposed to be imposed

Provided that in every case in which prior approval of the Central Government is necessary,
the record of the inquiry shall be forwarded by the Disciplinary Authority to the Central Govt. for
passing order.
(13) If the Disciplinary Authority having regard to its findings is of the opinion that any of the
penalties specified in items (i) to (iii) a of Regulation 10 should be imposed, it shall pass appropri-
ate orders in the case.
(14) Orders passed by the Disciplinary Authority shall be communicated ** within a period
of 30 days who shall also be supplied with a copy of the report of the Inquiring Authority, and
where the Disciplinary Authority is not the Inquiring Authority, a statement of its findings together
with brief reasons for disagreement, if any, with the findings of the Inquiring Authority, unless they
have already been supplied to him.

13. Procedure for imposing minor penalties :- (1) No order imposing

any of the penalties specified in item (i) to (iii) a, of Regulation 10 shall be passed except after -
(a) informing in writing the employee of the proposal to take action against him and of the
allegations on which it is proposed to be taken and giving him an opportunity to make any repre-
sentation he may wish to make against such proposal;
(b) such representation, if any, is taken into consideration by the Disciplinary Authority, and
(c) consultation with the Central Govt. where such consultation is necessary.
(2) The record of the proceedings of such cases shall include
(i) a copy of the intimation to the employee of the proposal to take action against him;
(ii) a copy of the statement of allegations communicated to him;
(iii) his representation, if any, and
(iv) the orders on the case together with the reasons therefor.

* Substituted w.e.f. 4-8-79 vide Ministry of Shipping & Transport Notification No.PEX-17 / 79
dt. 11-7-79 published in the Gazette of India dt. 4-8-79 under G.S.R.1227.
** Inserted vide Ministry‟s Notification No. H-11011 / 2 / 97 - PE-I and published in the
Gazette of India vide G.S.R. 843 (E). dt. 31-10-2000.
14. Joint Enquiry : (1) Where two or more employees are concerned, in any case,
the Chairman or Authority competent to impose a penalty of dismissal from service on all such
employees may make an order directing that disciplinary action against all of them may be taken
in a common proceeding.
(2) subject to the provisions of (a) sub-section (1) of Section 25 of the Act, and (b) regula-
tion 11, any such order shall specify-
(i) the Authority which may function as the Disciplinary Authority for the purpose of such
common proceeding.
(ii) the penalties specified in Regulation 10 which such Disciplinary Authority shall be com-
petent to impose; and
(iii) whether the procedure prescribed in Regulation 13 or Regulation 16 may be followed in
the proceeding.

15. Special procedure in certain cases :- Notwithstanding anything con-

tained in regulations 12, 13 and 14 -
(i) where the penalty is imposed on an employee on the ground of conduct which had led to
his conviction on a criminal charge; or
(ii) Where the Disciplinary Authority is satisfied for reasons to be recorded by it in writing
that it is not reasonably practicable to follow the procedure prescribed in the said regulations; or
(iii) where the Chairman is satisfied that in the interest of the security of the Port it is not
expedient to follow such proceedure;
The Disciplinary Authority may consider the circumstances of the case and pass such orders
thereon as it deems fit.
Provided that the approval of the Central Govt shall be obtained before passing such orders
in relation to an employee holding a post referred to in Clause (a) of sub-section (I) of Section 24
of the Act.

16. Provisions regarding Officers borrowed by the Board :-

(1) Where an order of suspension is made or disciplinary proceeding is taken against an
employee whose services have been borrowed from the Central or State Government or an Au-
thority subordinate thereto or a local or other Authority, the Authority lending his services, ( here-
inafter in this Regulations referred to as the “lending authority” ) shall forthwith be informed of the
circumstances leading to the order of his suspension or the commencement of the disciplinary
proceeding, as the case may be.
(2) in the light of the findings in the disciplinary proceeding taken against the employee -
(i) if it is decided that any of the penalties specified in items (i) to (iii) a, of Regulation 10.
 Should be imposed on him, the Disciplinary Authority may, subject to the provisions of Sub-
Regulation (2) of Regulation 12, after consultation with the lending authority, pass such orders on
the case as it deems necessary.
Provided that in the event of a difference of opinion between the borrowing authority and the
lending authority, the services of the employee shall be replaced at the disposal of the lending
authority.
(ii) if the Disciplinary Authority is of the opinion that any of the penalties specified in items (iv) to
(vii) of Regulation 10 should be imposed on the employee, it shall replace his services at the
disposal of the lending authority and transmit to it the proceedings of the inquiry for such action as
it deems necessary.

PART VI- APPEALS

17. (Deleted )
18. Appeals against orders of suspension :-
An employee may appeal against an order of suspension to the authority, to which the author-
ity which made or is deemed to have made, the order is immediately subordinate.
19. Appeals against orders imposing penalties :
(1) The authorities mentioned in the Schedule shall be competent to entertain appeals in re-
spect of the penalties indicated in the Schedule
* (2) [ Any employee of the Board aggrieved by an order involving his reduction in rank, re-
moval or dismissal may, within the time mentioned in regulation 21 and in the manner laid down in
regulation 22 prefer an appeal
(1) to the Central Government, where such order is passed by the Chairman.
(b) to the Chairman, where such order is passed by the Deputy Chairman.
(c) to the Dy. Chairman, where such order is passed by the Appointing Authority.
Provided that where the person who has passed the order becomes, by virtue of his subse-
quent appointment as the Chairman the Appelate Authority in respect of the appeal against the
order, such person shall forward the appeal to the Central Government and the Central Govern-
ment in relation to that appeal shall be deemed to be the Appelate Authority for the purpose of
this Regulation.
Provided futher that where the person who has passed the order becomes by virtue of his
subsequent appointment as the Deputy Chairman the Appellate Authority in respect of the appeal
against the order, such person shall forward the appeal to the Chairman and the Chairman in
relation to that appeal shall be deemed to be the appellate authority for the purpose of this regu-
lation.
20. An appeal against an order :-
(a) Stopping an employee at the efficiency bar in the time scale on the ground of his unfitness
to cross the bar.

* Substituted with effect from 4-11-86 vide Notification No.PW-PER - 38 / 85 dated 4-11-86
published in the Govt. of India Gazette dated 4-11-86 under G.S.R.1178 (E).
 (b) reducing or withholding the pension or denying the maximum pension admissible under
the rules;

(c) determining the pay and allowances for the period of suspension to be paid to an em-
ployee on his re-instatement or determining whether or not such period shall be treated as a
period spent on duty for any purposes; and

(d) reverting to a lower grade or post, an employee officiating in higher grade or post other-
wise than as a penalty;

shall lie, in the case an order made in respect of any employee, to the authority to whom an
appeal against an order imposing upon him the penalty of dismissal from service would lie

Explanation : in this regulation -

(i) “employee” includes a person who has ceased to be in the employment of the Board;
(ii) “pension” includes additional pension, gratuity and any other retirement benefit.

21. Period of limitation for appeal :-

No appeal under this Part shall be entertained unless it is preferred within three months from
the date on which the appellant receives a copy of the order. appealed against,
provided that the Appellate Authority may entertain the appeal after the expiry of such period
if it is satisfied that the sppellant had sufficient cause for not preferring the appeal in time.

22. From and contents of appeals :-

(1) Every person preferring an appeal shall do so separately and in his own name.
(2) The appeal shall be addressed to the authority to whom the appeal lies shall contain all
material statments and arguments on which the appellant relies, shall not contain any disrespect-
ful or improper language and shall be complete in itself.

23. Submission of appeals :

Every appeal shall be submitted through the authority which made the order appealed against;
Provided that a copy of the memorandum of appeal may be submitted direct to the appellate
authority.

24. Withholding of appeal :-

(1) the authority which made the order appealed against may withhold the appeal if-
(i) it is an appeal against an order from which no appeal lies; or
(ii) it does not comply with any of the provisions of regulation 22, or
(iii) it is not submitted within the period specified in regulation 21 and no cause is shown for
the delay; or
(iv) it is a representation of an appeal already decided and no new facts or circumstances are
adduced;
 Provided that an appeal withheld on the ground only that it does not comply with the provi-
sions of regulation 22 shall be returned to the appellant and if it is resubmitted within one month
thereof after compliance of the said provision, shall not be withheld.
(2) Where an appeal is withheld, the appellant shall be informed of the facts and the reasons
therefore.
(3) At the commencement of each quarter, a list of appeals withheld by any Authority during
the previous quarter together with the reasons for withholding them shall be furnished by that
Authority to the Appellate Authority.

25. Transmission of appeals :-

(1) The Authority which made the order appealed against shall, without any avoidable delay,
transmit to the Appellate Authority every appeal which is not withheld under Regulation 24, to-
gether with its comments thereon and the relevant records.
(2) The Authority to which the appeal lies may direct transmission to it of any appeal with-
held under Regulation 24 and thereupon such appeal shall be transmitted to that authority together
with the comments of the authority withholding the appeal and the relevant records.

26. Consideration of appeals :-

(1) In the case of an appeal against an order of suspension, the Appellate Authority shall con-
sider whether in the light of the provisions of regulation 9 and having regard to the circumstances of the
case, the order of suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in regu-
lation 10 the appellate authority shall consider -
(a) whether the procedure prescribed in these regulations has been complied with, and if not
whether such non - compliance has resulted in violations of any of the provisions of the act or in
failure of justice
(b) whether the findings are justified; and
(c) whether the penalty imposed is excessive, adequate or inadequate; and pass orders- (i)
remitting the case to the authority which imposed the penalty or to any other authority with such
direction as it may deem fit in the circumstances of the case:
provided that-
(i) the Appellate Authority shall not impose any enhanced penalty which neither such authority
nor the authority which made the order appealed against is competent in the case to impose;
(ii) no order imposing an enhanced penalty shall be passed unless the appellant is given an oppor-
tunity of making any representation which he may wish to make against such enhanced penalty; and
(iii) if the enhanced penalty which the Appellate Authority proposes to impose is one of the
penalties specified in items (iv) to (vii) of Regulation 10 and an enquiry under Regulation 12 has
not already been held in the case, the Appellate Authority shall subject to the provisions of Regu-
lation 15, itself hold such an enquiry or direct that such enquiry to be held and thereafter on
consideration of the proceedings of such enquiry and after giving the appellate an opportunity of
making any representation which he may wish to make (only on the basis of the evidence adduced
during such inquiry ) against such penalty, pass such orders as may deem fit.
 27. Implementation of orders in appeal :-
The authority which made the order appealed against shall give effect to the orders passed by
the Appellate Authority.

PART VII - Repeal and Removal of Doubts

28. Review :-
(1) Notwithstanding anything contained in these Regulations -
(i) the Central Government
(ii) ( Deleted )
(iii) the Chairman or
(iv) the Appellate Authority, within six months of the date of the orders proposed to be
reviewed,
may at any time, either on his or its own motion or otherwise, call for the records of any
inquiry and review any order made under these Regulations or under the rules repealed by Regu-
lation 29 from which an appeal is allowed but from which no appeal has been preferred or from
which no appeal is allowed and may;
(a) confirm, modify or set aside the order; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any
penalty where no penalty has been imposed; or
(c) remit the case to the authority which made the order or to any other authority directing
such authority to make such further inquiry as it may consider proper in the circumstances of
the case; or
(d) pass such other orders as it may deem fit.
Provided that no order imposing or enchancing any penalty shall be made by any reviewing
authority unless the employee concerned has been given a reasonable opportunity of making a
representation against the penalty proposed; and where it is proposed to impose any of the pen-
alties specified in clauses (iv) to (vii) of Regulation 10 or to enchance the penalty imposed by the
order sought to be reviewed to any of the penalties specified in those clauses, no such penalty
shall be imposed except after an inquiry in the manner laid down in regulation 12 and after giving
a reasonable opportunity to the employee concerned of showing cause against the penalty pro-
posed on the evidence adduced during the inquiry.
(2) No proceedings for review shall be commenced until after
(i) the expiry of the period of limitation for an appeal or
(ii) the disposal of the appeal, where any such appeal has been preferred,
(3) An application for review shall be dealt with in the same manner as if it were an appeal
under these Rules.

29. Repeal :-
(1) On the commencement of these regulations, any other rules which were in force in respect
of the employee shall stand repealed;
 Provided that -
(a) Such repeal shall not affect the previous operation of the said rules, notification and
orders or anything done or any action taken thereunder;
(b) any proceeding under the said rules pending at the commencement of this regulations
shall be conducted and disposed of as far as may be in accordance with the provisions of
these regulations.
(2) An appeal pending or preferred after the commencement of these regulations against an
order made before such commencement shall be considered and orders thereon shall be passed,
in accordance with these regulations.
*(3) [ The disciplinary action initiated under the provisions of the “Rules for the regulation of
the conditions of employment of the Industrial Staff of Cochin Port” and pending on the date of
publication of the approval of the Central Government to the Cochin Port Employees (C..C.& A)
Amendment Regulations, 1986 in the Gazette of India, shall be continued on the basis of the said
rules ]

30. Removal of Doubts :-

Where a doubt arises as to whether any authority is subordinate or higher than any other
authority or as to the interpretation of any of the provisions of this regulations, the matter shall be
referred to the Central Government whose decision thereon shall be final.

* Added with effect from 4-11-86 vide Notification No. PW-PER-38 / 85 dated 4-11-86
published in the Govt. of India Gazette dated 4-11-86 under G.S.R. 1178 (E).
 SCHEDULE
( Regulation 2 )
Authority comptent to impose penalties and
Description of post Appointing authority penalties which it may impose with reference Appellate authority
to item Nos. (i) to (vii) in regulation 10.
AUTHORITY PENALTIES
1 2 3 4 5
Post covered by Central Govt, after Chairman All ( The prior approval of the Central Govt.
Section 24 (1) (a) of the consultation with the chairman. Central Govt. should be taken
Major Port Trusts before imposing penalties
Act, 1963. (iv) to (vii)
Chairman Central Govt.
Class I other than those Chairman
covered by Section 24 Head of Department / All Chairman
(1) (a) of the Major Dy. Chairman
(i) to
Port Trusts Act, 1963. (iii)
Dy. Chairman Chairman
Class III Deputy Chairman All
Head of Department Deputy Chairman
(i) to (iii)
Class III Head of Department Head of Department Deputy Chairman
All
Dy. Secretary / Sr. Asst.
Secretary / Security Officer /
Dy. Chief Acctt. ( Sr. ) I
Addl. Traffic Manager / Head of Department
DTM (P) / Supdg. Engineer /
H.M./ Dy. Chief Engineer / (i) to (iii)
Exe. Engineer (M) /
Exe. Engineer (C)
Exe. Engineer (Ele) /
Mechl. Supdt / Dredg.
Supdt / Statistical &
Research Officer /
Dy. Chief Medical Officer /
Controller of Stores and other
officers nominated by the
Port Trust in this behalf
Dock Master Inserted vide G.S.R. No. 161 (E) dt 29th March 1996
 1 2 3 4 5
Class IV Head of Department Head of Department All Deputy Chairman

Dy. Secrtary / Sr. Asst. Dy. Secrtary / Sr. Asst.

Secretary / Security Officer / Secretary / Security Officer /
Dy. Chief Acctt. ( Sr. ) I Dy. Chief Acctt. ( Sr. ) I
Addl. Traffic Manager / Addl. Traffic Manager / All Heads of Deptt in r /o
Dy. Traffic Manager Dy. Traffic Manager penalties (i) to (iii) and
Harbour Master / Harbour Master / (v)
Supdt. Engineer / Supdtg. Engineer /
Dy. Chief Engineer / Dy. Chief Engineer / Dy Chairman in r / o
Exe. Engineer (M) / Exe. Engineer (M) / penalties
Exe. Engineer (C) Exe. Engineer (C) (iv),
Exe. Engineer (Ele) / Exe. Engineer (Ele) / (vi), &
Mechl. Supdt / Dredg. Mechl. Supdt / (vii).
Supdt / Statistical & Dredg.Supdt /
Research Officer / Statistical &
Dy. Chief Medical Officer / Research Officer /
Controller of Stores Dy. Chief Medical Officer /
Controller of Stores / Dock
Master
( Inserted vide G.S.R. No.
161 (E) dt. 29-3-96 )

* Schedule- Substituted w. e. from 4-11-86 vide Notification No. PW-PER-38 / 85 dated 4-11-86 published in the Govt. of India Gazette
dated 4-11-86 under G.S.R.1178 (E).
THE MAJOR PORT TRUSTS ( PROCEDURE AT
BOARD MEETINGS )RULES 1981
G.S.R. 725 -In exercise of the powers conferred by Section 122 of the Major Port
Trusts Act, 1963 ( 38 of 1963 ), the Central Government hereby makes the following rules, the
same having been published in the Gazette of Government of India Part 2 Sub-Section 3(i) dated
1-8-1981 as required by sub-Section (2) of the said Section namely :-
Rules
1. (1) These rules may be called the Major Port Trusts ( Procedure at Board Meetings )
Rules, 1981.
(2) They shall, come into force on the date of their final publication in the Official Gazette.
(3) They shall, subject to the provisions of section 16 of the Major Port Trusts Act, 1963
( 38 of 1963 ), apply to the business transacted at the meetings of the Boards of Trustees of the
Ports of Calcutta, Bombay, Madras, Cochin, Visakhapattanam, Kandla, Mormugao, Paradip,
* [ Tuticorin, New Mangalore and Nhava Sheva ]
2.Frequency of meetings :- (1) A meeting of the Board other than a speical
meeting referred to in rule 3, shall be held at least * [ once in three months ]
(2) The Board shall, from time to time, determine the date and time of its meetings,
Provided that where the Board is unable to do so for any reason, the chairman, may do
so, for reasons to be recorded in writing.
(3) A meeting of the Board shall be held at port premises of the respective ports, except
where the Board in advance decides to hold any meeting at any other place for reasons to be
recorded in writing.
3.Calling of Special meetings :- The Chairman or in his absence the Deputy
Chairman, if appointed, may, whenever he thinks fit and shall, upon the written request of not less
than three Trustees, call a special meeting of the Board.
4.Circulation of agenda, etc:- Agenda and notes or memoranda thereon, if any
for any meeting of the Board shall be circulated to the Trustees at least three days before the date
of the meeting,
Provided that in the case of a special meeting, such agenda and notes or memoranda
shall be circulated at least one day before the date of the meeting.
5.Discussion on items not included in the agenda:- The Chairman,
or in his abscence, the Deputy Charirman, if appointed, may at his discretion, include for disscussion
at any of the meetings of the Board including a special meeting any item not included in the agenda,
if the same is in his opinion, of sufficient inportance or urgency or both and cannot be held over for
the consideration of the Board at any subsequent meeting.
6.Poll :- If a poll is demanded on any question, the names of the Trustees voting and the
nature of their votes shal be recorded by the President of the meeting.
* Substituted w. e. f. 28-7-88 vide Notification No. PR-11012 / 3 /87 PG- dated 28-7-88
published in the Govt. of India Gazette dated 28-7-88 under G.S.R 819 (E).
 Explanation:- For the purpose of this rule and rules 7 and 8, the expression „President‟
shall mean the Chairman or in his absence, the Deputy Chairman, if appointed, and in the absence
of both, any person chosen by the Trustees present from among themselves to preside over the
meeting of the Board.
7.Minutes of the meeting :- (1) Minutes of the proceedings at each meeting of the
Board shall, be recorded in a book to be provided by the Board for this purpose, which shall be
signed as soon as practicable by the President of such meeting and shall be opened to inspection
by any Trustee during office hours.
(2) Minutes of the proceedings excepting such portion thereof, as the Chairman or, in his
absence the Deputy chairman; if appointed , may direct in any particular case, shall also be open
to the inspection of the public at the Office of the Board during office hours.
(3) The names of the Trustees present at each meeting shall be recorded in the minutes
book.
(4) A Trustee present at any meeting of the Board shall sign his name in a book or register
to be provided by the Board for the purpose.
8.Adjournment of meeting : The President of a meeting may adjourn it to a later
date, which date shall be announced at the meeting, in which case intimation shall be sent to the
Trustees absent at the meeting [* ] before the date of the meeting.

[ PW-PGI-3 / 80 ]

* Deleted w. e. f. 28-7-88 Notification No. PR-11012 / 3 /87 PG- dt. 28-7-88 published in
the Gazette of India dt. 28-7-88 under G.S.R 819 (E).
THE MAJOR PORT TRUSTS ( PAYMENT OF FEES &
ALLOWANCES TO TRUSTEES ) RULES, 1981
Copy of letter No. PW / PGL-25 / 80 dated, the 11th March 82 from the Government of
India, Ministry of Shipping and Transport ( Port‟s Wing ) New Delhi addressed to the Chairman,
Cochin Port Trust, Cochin-3 etc. etc.
It is informed that the notification was published in the Gazette of India dated 6th February,
1982 under G. S. R. No. 134.
NOTIFICATION
G. S. R. 134 whereas the draft of the Major Port Trusts ( payment of fees and Allowances to
Trustees ) Rules, 1981 was published, as required by sub-section (2) of section 122 of the Major Port
Trust Act, 1963 ( 38 of 1963 ), at pages 1559-1561 of the Gazette of India, Part II Section 3, Sub-
section (i), dated the 4th July, 1981 under the notification of the Government of India in the Ministry of
Shipping and Transport ( Ports wing ) No. G. S. R. 626, dated 23rd June, 1981, inviting objections
and suggestions from all persons likely to be effected thereby till the expiry of a period or forty five days
from the date of publication of the said notification in the Official Gazette.
AND WHEREAS the copies of the said Gazette were made available to the public on the
11th August, 1981;
AND WHEREAS no objections and suggestions have been received from the public be-
fore the expiry of the period aforesaid;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (I) of section
122 of the said Act, the Central Government hereby makes the following rules, namely :-
1. (1) These rules may be called the Major Port Trusts payment of Fees and Allowances to
Trustees ) Rules, 1981.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) They shall, subject to the provisions of section 18 of the Act apply to the Port Trust
Boards of Calcutta, Bombay, Madras, Cochin, Visakhapattanam, Kandla, Mormugao, Paradip,
Tuticorin & New Mangalore.
2. Definitions :- Unless the context otherwise requires :-
(a) “Act” means the Major Port Trusts Act, 1963, (38 of 1963);
(b) words and expressions used in these rules have the meanings respectively assigned to
them in the Act.
3. Fees Payable :- Every Trustee of the Board other than the Chairman and the Deputy
Chairman, where appointed, or any other Trustee who is a servant of the Government or servant
of the Board, shall be entitled to a fee of -
(i) rupees * Two hundred and fifty for attendance of each ordinary or special meetings of
the board;

* Substituted vide G. O. I. Notification dated 11-2-97 under G. S. R. No. 70 (E) Ministry‟s No.
PR-11019 / 3 / 95 - PG effective from 11-2-97.
 *(ii) rupees one hundred for attendance at each meeting of any committee other than the meeting
of the Committee held on the same day in continuation of or preparatory to an ordinary or
special meeting of the board;
Provided that, the aggregate amount of fees payable to any Trustees in respect of the meetings of
the Board and / or the Committees held during any calender month shall not exceed rupees one thou-
sand
NOTE : A Trustee present at any meeting of the board or a Committee thereof shall sign his name
in a book or register to be kept for the purpose.
4. Payment of Travelling allowance : (I) All outstation Trustees, other than
those who are servants of the Government or the servants of the Board, attending any meeting of
the Board or any of its Committees shall, in addition to such fees as is payable under rule 3, be
entitled to receive travelling allowance on the scale applicable to the highest class of officers of the
Central Government.
All outstation Trustees, other than those who are servants of the Government or the ser-
vants of the Board, attending any meeting of the Board or of any of its Committees shall, in
addition to such fees as are payable under Rule 3 and travelling allowance, also be entiled to
receive daily allowance at the rate applicable to the highest class of officers of the Central Gov-
ernment for the period of journey performed to and from the place of Board or Committee meet-
ing and Head quarters.
NOTE : 1. For the purpose of daily allowance, the period of journey by the shortest
possible route and from the place of Board or Committees meeting and the Head-quarters, shall
be taken as the period of journey.
NOTE : II. The Headquarters for the purpose of this rule shall be normal place of
residence of the Trustee.
5. Payment of certain allowences to a Trustee who is a Gov-
ernment Servant or the servant of the Board :-
A Trustee who is a servant of the Government or a servant of the Board and who attends
any meeting of the Board or of any of its Committees shall be entitled to receive travelling allow-
ance and daily allowance in accordance with the provisions of the service rules applicable to him.
6. Payment of certain allowances to a Trustee who is a mem-
ber of Parliament or of the Legislature of State :-
Notwithstanding anything contained in Rules 3 and 4, a Trustee who is also a member of
Parliament or a member of the Legislature of a State shall not be entitled to any fees other than the
compensatory allowance as defined in clause (A) of section 2 of the Parliament ( Prevention of
Disqualification ) Act, 1959 ( 10 of 1959 ) or, as the case may be, other than the allowances, if
any, which a member of the Legislature of the State may, under any law for the time being in force
in the State relating to the prevention of disqualification of membership of the State Legislature,
receipts without incurring such disqualification.
7. Repeal and savings :- On and from the date of publication of these rules the rules
mentioned in the Schedule annexed hereto are hereby repealed .
* Substituted vide G. O. I. Notification dated 11-2-97 under G. S. R. No. 70 (E) Ministry‟s No.
PR-11019 / 3 / 95 - PG effective from 11-2-97.
 (2) Notwithstanding such repeal anything done or any action taken or any order made or direc-
tions given under the said rules shall be deemed to have been done, taken, made or given, as the case
may be, under the corresponding provisions of these rules.

SCHEDULE
( See rule 7 )
Sl Title of the rules repealed
No

1. Major Port Trusts ( Payment of Fees and Allowance to Trustees ) Rules, 1964.
2. Mormugao Port Trust ( Payment of Fees and Allowance to Trustees ) Rules, 1964.
3. Paradip Port Trust ( Payment of Fees and Allowance to Trustees ) Rules, 1967.
4. Board of Trustees of the Port of Bombay ( Payment of Fees and Allowances to
Trustees ) Rules, 1975.
5. Board of Trustees of the Port of Calcutta ( Payment of Fees and Allowances to
Trustees ) Rules, 1975.
6. Board of Trustees of the Port of Madras ( Payment of Fees and Allowances to
Trustees ) Rules, 1975.
7. Board of Trustees of the Port of Tuticorin ( Payment of Fees and Allowances to
Trustees ) Rules, 1979.
8. Board of Trustees of the Port of New Mangalore ( Payment of Fees and Allowances
to Trustees ) Rules, 1980.

( PW / PGL - 25 / 80 )

Dated : 28-1-1982

Sd /-
( M. R. CATHWAL )
Under Secretary to Govt. of India
 THE COCHIN PORT EMPLOYEES
( WELFARE FUND )REGULATIONS, 1964
In pursuance of sub-section (2) of Section 124 of the Major Port Trust Act, 1963 ( 38 of 1963 )
the Board of Trustees of the Port of Cochin hereby publishes with the approval of the Central
Government the following regulations, made by it in exercise of the powers conferred by clause
(b) of section 28 of the said Act, namely:-
1.Short title and commencement:-
(1) These regulations shall be called the Cochin Port Employees ( welfare Fund ) Regula-
tions, 1964.
(2) They shall come into force on the First day of September, 1964
2.Definitions:-
In these regulations, unless the context otherwise means:
(1) The words „Board‟ and „Chairman‟ shall have the same meanings in the Major Port
Trusts Act, 1963
(2) “Employee” means an employee of the Board whether permanent or temporary and
includes any employee on foreign service and any permanent or temporary employee of the Cen-
tral or State Government or a local or other authority on deputation with the Board.
(3) “Fund” means the Cochin Port Welfare Fund formed under Regulation 3.
(4) “General account” means the general account of the Board.
3.Constitution of the Fund :-
There shall be formed a Fund to be called the Cochin Port Welfare and there shall be
credited thereto:-
(a) such contributions from the general account as may be sanctioned by the Board from
time to time;
(b) fines recovered from the employees;
(c) contributions to any employees Provident Fund withheld under the relevant rules regu-
lating the Provident Fund;
(d) interest and profit on investments belonging to the Fund: and
(e) any other sum or property made over to the fund by way of gift or donation.
*4.Administration of the Fund:-
(i) The fund shall be administered by the Chairman of the Port Trust.
(ii) An advisory committee consisting of one of the Heads of Departments as the Chairman,
the Financial Adviser & Chief accounts Officer as member and the Labour Officer as
convener shall be constituted by the Chairman of the Port Trust for advising him in the
matter of granting assistance from the fund for the following purposes, covered by Clauses
(b) & (f) of Regulation 5:-
(a) Assistance for treatment of the employees who are on Extra Ordinary Leave on medical
grounds due to prolonged illness etc.
 (b) Assistance for treatment of the employees or their dependents in Medical College Hos-
pitals, cancer Instutes etc, outside the Head Quarters as recommended by the Chief Medical
Officer of the Port Trust Hospital .
(c) Grant of Scholarships to the children of the Port Trust Employees.

5.Expenditure from the Fund:

The objects on which Fund may be expended shall be the following namely:
(a) donations, subscriptions and gifts to institutions, club, co-operative Societies etc; con-
nected with the Welfare of employees and their families,
(b) grant of scholarships to children of employees and literary classes, handicraft education
and reading rooms for employees and members of their families.
(c) special rewards to employees for saving of life and property and other meritorious acts
within the Port,
(d) to provide artificial limps or other aids to employees who are partially or permanently
disabled due to accidents on duty;
(e) payment towards cost of the special drugs recommended by the Medical officer of the
Board for the use of the employees;
(f) financial assistance to the employees and the members of their families in acute distress.
(g) grants for conducting sports, competitions, dramas, music, film shows, bhajan etc; for
employees; and celebration of independence and Republic days by employees;
(h) payment of hot and cold weather charges for the benefit of employees;
** (i) rendering immediate financial relief to the families of Trust‟s employees who die or sus-
tain serious injuries during working hours i.e: the time after he has reported for work including
recess, and within the Port area
(j) any other item of expenditure for the benefit of employees and their families, at the
discretion of the chairman.

***6.Disbursement from Fund:

(i) All payments from the fund shall be made only with the sanction of the Chairman of the
Port Trust.
(ii) The chairman of the Port Trust may authorise the chairman or the Convener of the advi-
sory committee to sanction urgent exgratia payments including funeral expenses upto Rs.2000 in
each case with a view to ensure assistance in time.

**** 7.Maximum amount in Fund:

The maximum amount that may be held in the fund shall not exceed five lakhs of rupees
8.Disposal of surplus in the Fund:
Any surplus in the Fund over and above the prescribed maximum shall be credited to the
Board‟s general account.
9.Interpretation:
In the case of doubt, all questions relating to this Fund shall be decided by the Chairman.

Bd / 2246 / 64 dated 12-3-1965

Approved by the government of India, Ministry of Shipping and Transport letter No.
6-PG (3) / 65 dated 11-2-1965
* Substituted with effect from 8-2-88 vide Notification No. PR-19024 / 1 / 86-PE-1
( Vol-1) dated 8-2-‟88 published in the Gazette of India dated 8-2-‟88 under GSR 81 (E).
** Substituted with effect from 27-8-68 by Notification No, LO (33) H-IR dated 12-8-‟68.
*** Substituted with effect from 4-7-67 by Notification No. LO (33) H dated 23-6-‟67 and
again with effect from 8-2-88 vide Notification No.PR-19024 / 1 / 86 - PE-1 (Vol-1)
dated 8-2-88 published in the Gazette of India dated 8-2-88 under GSR 81 (E)
**** Substituted with effect from 19-4-80 vide Ministry of Shipping and Transport Notifica-
tion No. PW / PEX-22 /79 dated 1-4-80 published in the Gazette of India dated 19-4-80
under GSR 440 and again with effect from 5-12-1986 vide Ministry of Surface Trans-
port Notification No. PW / PER-14 /85 dated 5-12-‟86 published in the Gazettee of
India dated 5-12-1986 under GSR 1256 (E)
 THE COCHIN PORT EMPLOYEES ( ALLOTMENT
OF RESIDENCE ) REGULATIONS, 1965
In exercise of the powers conferred under Section 28 of the Major Port Trust Acts, 1963
( 38 of 1963 ), the Board of Trustees Cochin Port Trust, hereby makes the following regulations
namely:-

1. Short title and Commencement :-

(1) These regulations may be called the Cochin Port Employees ( Allotment of Residence )
Regulations, 1965.
(2) They shall come into force on 1-4-1966.

2. Application :-
These regulations shall apply to the allotment of residence to all persons who are employed in
the service of the Board, hereinafter referrd to as „employees‟.

3. Interpretation :-
In these regulations, unless the context otherwise requires -
(a) “Allotment” means the grant of a licence to occupy a residence in accordance with the
provisions of these regulations;
(b) “Allotment year” means, the year begining on Ist January or such other period as may be
notified by the Board;
(c) “Board”, “Chairman”, “Deputy Chairman” “Head of Department” shall have the meanings
assigned to them in the Major Port Trusts Act, 1963;
(d) “Eligible office” means an office under the Board which has been declared by the Board as
Eligible for accommodation under these regulations;
* (e) “Emoluments” means-
A. In the case of Class I and Class II Officers -
(i) Pay including officiating pay, personal pay, special pay, technical pay, dearness pay, and
any other emoluments specially classed as pay by the Board;
(ii) Compensatory allowances, other than dearness allowance, travelling allowance, mess
allowance, uniform out-fit-allowance, uniform grant and grant for house and saddlery
(iii) Other payments received in the shape of a fixed addition to the monthly pay and allow-
ances as a part of the authorised remuneration of a post; and
(iv) Pension other than extra-ordinary pension
B. In the case of a Class III And Class IV employees.
(i) Pay including officiating pay, personal pay, special pay, technical pay and any other
emoluments specially classed as pay by the Board.
(ii) Pension other than extra-ordinary pension

* Substituted w. e. f. 12-4-77 vide Notification No. EM / 298 / 74 dated 29-3-1977.

NOTE : (Applicable to both A AND B above )
(i) The emoluments of an employee on leave means the emoluments drawn by him for the
last complete calender month of duty performed by him prior to his departure on
leave.
(ii) In the case of an employee under suspension the amount drawn by him on the first day
of the allotment year in which he is placed under suspension, or if he is placed under
suspension on the first day of the allotment year the emoluments drawn by him imme-
diately before that date shall be taken as emoluments.
(iii) In the case of a suspended employee who is subsequently reinstated and whose period of
suspension is treated as leave, the emoluments would be as under note (i) above.
(iv) overtime which is not sanctioned as a fixed addition to the pay of a post but is paid for
according to overtime hours put in is not a part of “emoluments” for the purpose of
rent. Fixed addition to the pay of a post in lieu of overtime shall, however, be reck-
oned as emoluments in respect of Class I and Class II officers.
(f) “family” means the wife or husband, as the case may be, and children, step children,
legaly adopted children, parents, brothers or sisters as ordinarily reside with and are
dependent on the employee;
(g) “Government” means the Central Government;
(h) “Port” means the Port of Cochin.
(i) “Priority date” of an employee in relation to a type of residence to which he is eligible
under regulation 6 means the earliest date from which he has been continuously drawing emolu-
ments relevant to a particular type or a higher type in a post under the Board except for periods of
leave;
Provided that in the case of an employee, who before the Ist day of July, 1959, had drawn
less than Rs.110 /- per mensem as emoluments in a Class III post, the period during which he
drew such emoluments shall also be counted towards his priority date for “A” type residence;
Provided further that in the case of an employee who is on deputation to any foreign
service, the period of foreign service; shall, on his re-posting in an eligible office under the Board,
be included for the purpose of determination of his priority date;
provided further that where the priority date of two or more employees is the same, se-
niority among them shall be determined (i) by the amount of emoluments drawn by each such
employee, the employee in receipt of higher emoluments taking precedence over the employee in
receipt of lower emoluments; and (ii) where the emoluments are equal, by the length of service
under the Board;
* (j) “rent”, unless in any case it be otherwise expressly provided in these Regulations,
means the sum of money payable monthly as mentioned below :-
Standard rent of the unit occupied or 10% of the monthly emoluments of the employee,
whichever is less;

* Substituted w. e. f. 12-4-77 vide Notification No. EM / 298 / 74 dated 29-3-1977.

 Provided that in the case of Class III and Class IV employee whose pay is less than Rs. 200 /-,
the rent would mean 71/2 of monthly emoluments or the standard rent of the unit occupied which-
ever is less;
Provided further that where concession is given to piece rate Shore Labour, the principle
governing such concession would continure to apply to determine the rent for quarters alloted to
them as modified by the Board from time to time.
Explanation :- Notwithstanding anything contained in these Regulations, where a Class III or
Class IV employee is allowed to occupy a residence of lower type than what he / she is entitled to
and the quarter of the type to which he / she is entitled is not offered to him / her, the rent will be
on the basis of the maximum of the pay range for which such quarters are allotted.
The first priviso and the explanation will come into effect from 1-1-69.
Explanation for assessment of Standard Rent :
Standard monthly rent shall mean 1 / 200th of the capital cost of the residence;
Pooled standard rent of a residence shall mean the total standard monthly rent as calculated
above for the residences belonging to each type devided by the total number of residences in-
cluded in the pool.
(k) “residence” means any residence for the time being under the administrative control of
the Chairman or any other officer appointed for the purpose;
(l) “sub-letting”, includes sharing of accommodation by an allotte with another person with
or without payment of rent by such other person;
Explanation :- Any sharing of accommodation by an allottee with close relations shall not be
deemed to be “sub-letting”.
(m) “temporary transfer” means a transfer which involves an absence for a period not ex-
ceeding four months;
(n) “transfer” means a transfer from the service of the Board to any other post;
(o) “type” in relation to an employee means the type of residence to which he is eligible
under regulation 6.

4. Ineligibility of officers owning Houses for Allotment under

these Regulations :-
No employees shall be eligible for allotment of Board‟s accommodation, if-
(a) He / she owns a house within the limits of * [Cochin Corporation] including the suburban area
coming within 20 kms, by the shortest route by road and or water from the normal place of duty of the
employee in the Port in which he / she can, in the opinion of the Chairman reside consistently with his /
her official position.

Substituted w. e. f. 29-4-69 by notification No. Bd / 6806 / 63 dated 15-4-69 further

* Substituted w. e. f. 24-12-86 by notification dt. 24--12-86 GSR No. 1313 (E)
 (b) His wife / her husband or any depedndent child owns a house * [within the limits of
Cochin Corporation ] including the suburban area coming within 20 Kms. by the shortest route by
road and / or water from the normal place of duty of the employee in the Port in which he / she
can, in the opinion of the Chairman reside consistently with his / her official position.
(c) His / her father, mother or any other dependent relation owns a house * [within the limits
of Cochin Corporation ] including the suburban area coming within 20Kms, by the shortest route
by road and / or water from the normal place of duty of the employee in the port in which he / she
can, in the opinion of the Chairman, reside consistently with his / her official position and without
incovencince to himself / herself or to the owner thereof.
Any employee, who on any date (hereafter referred in the rules as relevant date ) subsequent
to the date of making application for allotment of quarters of subsequent to the date of allotment of
Port accommodation, becomes ineligible for Port‟s accommodation under (a), (b) or (c) of the
above rule, shall notify the fact to the Chairman or the Officer appointed within a period of 7 days
or the „relevant date‟. In the case of employee‟s failure to so notify, the Chairman may reject the
application for allotment or if an allotment has already been sanctioned, cancel such allotment with
effect from the relevent date and require the employee to vacate the Port accommodation forth-
with.
Notwithstanding the foregoing provisions of the regulation, the Chairman for the purpose may
allot or re-allot Port accommodation to an employee who becomes ineligible for Port accommo-
dation as stated under 1 (a), (b), (c);
(1) If he is satisfied that it is not possible for the employee, for reasons beyond his control, to
obtain vacant possession of the house, on his agreeing to pay standard rent fixed for the quarter
allotted to him.
(2) If he is satisfied that it will be in the Port‟s interests to house the employee in the Port‟s
quarters.
(3) (a) Occupation :- A person who is allotted quarters will occupy it within 8 days from the
date of allotment, failing which he will be liable to lose his claim for the occupation thereof.
Provided however, that the Chairman may extend the above period in any particular case
according to merits of the case.
Provided further that the person who loses his claim for the occupation of quarters due to his
failure to occupy them within the period permitted will however be eligible to apply for quarters
again and every such application will be treated as a new application for quarters.
(b) No unit should be occupied by more than one family, unless otherwise specifically per-
mitted in writing by the Chairman.

5. Allotment to Husband and Wife-Eligibility in cases of offic-

ers who are married to each other :_
(1) No employees shall be allotted a residence under these regulations if the wife or the husband,
as the case may be, of the employee has already been allotted a residence unless such residence is
surrendered:

Substituted w. e. f. 29-4-69 by notification No. Bd / 6806 / 63 dated 15-4-69 further

* Substituted w. e. f. 24-12-86 by notification dt. 24--12-86 GSR No. 1313 (E)
 Provided that this clause shall not apply where the husband and wife are residing separately
in pursuance of an order of judicial separation made by any court.
(2) Where two employees in occupation of seperate residences allotted under these regula-
tions marry each other, they shall, within one month of the marriage, surrender one of the resi-
dences.
(3) If a residence is not surrendered as required by clause (2) above, the allotment of the
residence of the lower type shall be deemed to have been cancelled on the expiry of such period
and if the residences are of the same type, the allotment of such one of them as the Chairman or
the officer appointed for the purpose by the Board may decide shall be deemed to have been
cancelled on the expiry of such period.
(4) Where both husband and wife are employed under the Board, the title of each of them to
allotment of a residence under these regulations shall be considered independently.

*6. Classification of Residences :-

Save as otherwise provided by these regulations, an employee shall be eligible for allotment of
a residence of the type shown in the Table below :

TABLE
Sl No. Quarter type Basic Pay Ceiling ( in Rs. )

1 I 3700

2 II 4300

3 III 5500

4 IV 7070

5 V 10750

6 VI* 13000

7 VII* 14500
* # Reserved for Chairman, Deputy Chairman and Head of Department
@ N.B. Officers other than Chairman, Dy. Chairman, Heads of Departments and those in the
scale of Rs. 13000 are not normally entitled to get accommodation in Type VI and VII quarters
as a matter of right irrespective of the fact that they might have drawn basic pay exceeding the
maximum of the pay slab prescribed for type V quarters.
* Substituted w. e. f. 16-3-1976 by Notification No.EM / 1290 / 72 dt. 27-2-76.
@ Inserted vide Notification GSR No. 1313 (E) dated . 24--12-86
** Substituted vide clrcular No. E M 3 : Eligibility : 2001 Dt. 30-7-2002 based on revised pay
scales ( 1997 - 98 )
NOTE : If an employee is in occupation of a higher type of residence than what is entitled to on
the date * of implemtation of this amendment, he shall continuee to enjoy the benefit in
respect of that residence.

7. Application for allotment :-

(1) An employee who seeks allotment of residence or the continuance of allotment of a
residence which has been alloted him, may apply at any time and shall if directed to do so, to the
Chairman or the Officer appointed by the Board for this purpose in such form and in such manner
and by such date as may be prescribed by the Chairman or the Officer appointed by the Board for
the purpose.
(2) All applications received otherwise than in pursuance of a direction issued under Clause
(1), shall be considered for allotment in the succeeding month if such application has been re-
ceived before the 20th day of a calender month.
**(3) Notwithstanding any other provision in these Regulations, the Chairman may allot
residence to any employee in the interest of the Port‟s work irrespective of whether he has applied
for it or not and he shall occupy the residence so allotted.
*** (4) “Notwithstanding any other provisions contained in these Regulations the Chairman may
allot quarters to the employees of local bodies for other Govt. Departments like Railway, Kerala
Police, Post and Telegraph, Central Industrial Security Force, Kendriya Vidyalaya, Port Health
Organisation, Inspectorate of Dock Safety, Department of Tourism, Civil Aviation Department,
Concurrent Audit etc., who are closely connected with the working of the Port and in the opinion
of the Chairman, should be provided with accommodation for the smooth functioning of the Port.
The monthly rent in such cases shall be as follows :-

(a) CISF Porsonnel other than Officers Free

(b) CISF Officers and Audit Staff. At flat rate on area basis as fixed by the
Port based on the Government orders on
the subject.
(c) Central Govt. Employees other than CISF At flat rate on area basis as fixedby the
Audit and all other categories Port subject to the remittance of the HRA
so saved by the concerned Government
Department from the pay of their
employees to Port

* 16-3-76

** Added w. e. f. 25-11-75 by Notification No.EM / 293 / 74 dt. 12-11-75

*** Substituted vide Govt‟s Notification No. PR-12016 / 57 / 2000-PE-I-and published in the
Gazette of India vide GSR 432 (E) dt. 13-6-01
*7.(A) Reservation for SC / ST employees in allotment of Quarters :-
i) Notwithstanding anything Contained in thse Regulations, 10% of Type I, Type II, Type
III and 5% of Type IV & Type V quarters shall be allotted to Scheduled caste and
Scheduled Tribe Employees in the order of their seniority.
ii) A Separate waiting list of eligible SC / ST employees shall be maintained for this pur-
pose. The employees shall be entitled for allotment of their entitled type according to
their turn as per this waiting list.
iii) Vacancies available in the quota reserved for the purpose shall be allotted in the ratio 2:1
to the SC / ST employees. In case, however, there is no ST employee available such
reserved accommodation shall be allotted to SC employee.
iv) Scheduled Caste / Scheduled Tribe employees who are already in occupation of
Departmental quarters shall not be entitled to be considered for allotment to higher type
from the reserved quota.

8. Maintenance of separate pools for certain categories of

employees :-
(1) Notwithstanding anything contained in these Regulations, the following pools shall be
maintained, namely,
i) Residence for the Chairman.
ii) Pool of residences for Deputy Chairman, if any, and Heads of Departments.
iii) Lady employees, pool for lady employees except for those who are married and whose
husbands are eligible for allotment under these regulations.
(2) The number and the type of residence to be placed in these pools shall be determined by
the Board from time to time.
(3) Inter-se seniority of the employees eligible for allotment of residences under these regu-
lations shall be determined in accordance with the date of their appointment in the post which
entitle them for consideration of allotment of residence included in the pool.

**9. Out of turn allotment :- Notwithstanding any other provisions in these

regulations the Chairman may allot a residence out of turn to an employee in the following cases:-
1. Physically handicapped employees on the basis of the percentage of disability assessed
by a Committee consisted of Deputy chairman, Chief Medical Officer, Secretary and
Estate Manager.
2. In case of an employee or any member of his or her family suffering from chronic dis-
eases requiring frequent and prolonged hospitalisation and treatment at the Port Hospital
on production of certificate to that effect from the Chief Medical Officer or the Deputy
Chief Medical Officer of the Port Hospital.
* Inserted w. e. f. 12-12-88 vide Notification GSR No. 1171 (E) dated 12-12-1988
** Susbstituted vide Notification GSR No. 968 (E) dated . 9-12-87
 3. Operationally important post holders whose presence in the Port premises are unavoid-
able and essential for departmental interest.

10. Non-acceptance of allotment or offer or failure to accept

the allotted residence after acceptance :-

* (1) [ If an employee fails to accept the allotment of a residence within 5 days from the date of
receipt of letter of allotment or fails to take possession of that residence after acceptance within 8
days from the date of receipt of the letter of allotment he shall not be eligible for another allotment
for a period of 2 years from the date of the allotment letter. ]

(2) If an employee occupying a lower type of residence is allotted or offered a residence of

the type for which he is eligible under regulation 6 or the immediately lower type, he may, on
refusal of the said allotment or offer of allotment, be permitted to continue in the previously allot-
ted residence on the following conditions, namely:-

(a) that such an employee shall not be eligible for another allotment for a period of ** five
years from the date of the allotment letter for the higher class of accommodation.

(b) while retaining the existing residence he shall be charged the same rent which he would
have had to pay under Fundamental Rule 45-A in respect of the residence so allotted or offered
or the rent payable in respect of residence already in his occupation, whichever is high.

11. Period for which allotment subsists and the concessional

period for further retention :-
(1) An allotment shall be affective from the date on which it is accepted by the employee and
shall continue in force until,

(a) the expiry of the concessional period permissible under sub-regulation (2) below, after
the employee cease to be on duty in an eligible office under the Board;
(b) it is cancelled by the Chairman or the officer appointed for this purpose by the Board or
is deemed to have been cancelled under any provisions in these regulations.

(c) it is surrendered by the employee or

(d) the employe ceases to occupy the residence.

(2) A residence allotted to an employee may subject to sub-regulation (3), be retained on

the happening of any of the events specified in column 1 of the Table below for the period
specified in the corresponding entry in column 2 thereof, provided that the residence is required
for the bona-fide use of the employee or members of his family.

* Susbstituted w.e.f. 1-4-87 vide notification GSR No. 360 (E) dated 1-4-87.
** Amended w.e.f. 27-5-75 by Notification No. EM / 298 / 74 dated 21-5-75.
 TABLE

Events Permissible period for retention

of the residence

1 2

(i) Resignation, dismissal removal or

termination of service 1 month

(ii) Retirement or terminal leave 2 months

(ii) Death of the allotte 4 months

(iv) Transfer to a place outside the Port 2 months

(v) On proceeding on foreign servie in India 2 months

(vi) Temporary transfer in India or deputation

to a place outside India 4 months

(vii) Leave (other than leave preparatory to For the period of leave but not
retirement, refused leave, terminal leave, exceeding 4 months
Medical leave or study leave )

(viii) Leave preparatory to retirement or refused For the full period of leave on full
leave granted under Fundamental Rule 86 average pay subject to a minimum
of 4 months inclusive of the period
permissible in the case of retiremet

(ix) Study leave or deputation outside India For the period of leave but not
exceeding 6 months

(x) Study leave in India For the period of leave but not
exceeding 6 months

(xi) Leave on medical grounds For the period of leave but not
(other than T.B. leave ) exceeding 8 months

(xii) Medical leave on grounds of T.B. For the full period of leave

(xiii) On proceeding on training For the full period of training

EXPLANATION :- The period permissible on transfer mentioned against items (iv), (v) and
(vi) shall count from the date of relinquishing charge plus the period of
leave, if any sanctioned to and availed of by the employee before joining
duty at the new office.
 (3) where a residence is retained under sub-regulation (2) above, the allotment shall be
deemed to be cancelled on the expiry of the admissible concessional period unless immediately on
the expiry thereof the employee resumes duty in an eligible office under the Board.
(4) An employee who has retained the residence by virtue of the concession under them (i)
or item (2) of the Table below sub-regulation (2) shall, on re-employment in an eligible office
under the Board within the period specified in the said Table, be entitled to retain that residence
and he shall also be eligible for any further allotment of residence.
Provided that if the emoluments of the employee on such re-employment do not entitle him, to
the type of residence occupied by him, he shall be allowed a lower type of residence on the
occurance of a vacancy.

12. Recovery of rent :-

The rent and other charges will accure from the date of actual occupation of the unit or from
the 8th day of allotment whichever is earlier and may, wherever possible, be deducted from the
pay sheet of the occupant. In other cases, the charges should be paid in cash by the occupants on
a prescribed date and any one who is in arrears for more than one month, will lose his right to
occupy the unit allotted to him. The arrears will be recovered in one lumpsum from the next pay.
* 12A. The allottee will also be required to pay the cost of water, electric energy etc., consumed
and also a nominal rent Rs. 1 /- per mensum for each yielding coconunt tree or whatever revised rent
the Board may fix from time to time, if any, standing in the compound of the residence.

13. Personal liability of the employee for payment of rent till

the residence is vacated and furnishing of surety by tempo-
rary employee :-
(1) The employee to whom a residence has been allotted shall be personally liable for the
rent thereof and for any damage beyond fair, wear and tear caused thereto or to the furniture
fixtures or fittings or services provided therein by the Board during the period for which the resi-
dence has been and remains allotted to him, or where the allotment has been cancelled under any
of the provisions in these regulations, until the residence along with the out-houses appurtenant
thereto have been vacated and full vacant possession thereof has been restored to the Board.
(2) Where the employee to whom a residence has been allotted is neither a permanent nor a
quasi-permanent employee of the Board, he shall execute a security bond in the form prescribed
in this behalf by the Board with a surety, who shall be a permanent employee of the Board for due
payment of rent and other charges due from him in respect of such residence and services and any
other residence provided in lieu.
(3) If the surety ceases to be in the service of the Board or becomes insolvent or withdraws
his guarantee or ceases to be available for any other reasons, the employee shall furnish a fresh
bond executed by another surety, and if he fails to do so, the allotment of the residence to him
shall, unless otherwise decided by the Chairman (**) be deemed to have been cancelled with
effect from the date of that event.
* Inserted w. e. f. 12-4-77 by Notification No. EM /298 / 74 dt. 29-3-1977.
** Deleted w. e. f. 12-4-77 by Notification No. EM / 298 / 74 dated 29-3-77.
 (4) without prejudice to any action that may be taken under section 130 and 131 of the
Major Port Trusts Act, 1963 (38 of 1963 ) an employee shall also render himself liable to disci-
plinary action and to such punishment as may be decided upon by the Board in the case of any
breach of this regulation.

14. Surrender of an allotment and period of notice :-

An employee may at any time surrender an allotment by giving intimation so as to reach the
Chairman or the officer appointed for this purpose by the Board at least 10 days before the date
of vacation of the residence. The allotment of the residence shall be deemed to be cancelled with
effect from the 11th day after the day on which the letter is received by the Chairman or the officer
appointed for this purpose by the board or the date specified in the letter, whichever is later. If he
fails to give due notice, he shall be responsible for payment of rent for 10 days or the number of
days by which the notice given by him falls short of 10 days, provided that the Chairman or the
officer appointed for this purpose by the Board may accept a notice for a shorter period
*[ He shall not be eligible for another allotment for a period of one year from the date from
which non-accommodation certificate is issued by the accommodation controlling authority, pro-
vided house rent allowance was granted to him during the period ]

15.Change of residence :-
(1) An employee to whom a residence has been allotted under these regulation may apply
for a change of residence within the same type. Not more than one change shall be allowed in
respect of one type of residence allotted to the employee.
** (2) Changes shall be offered on the basis of inter-se seniority of priority date for allotment of
quarters among the employees who have applied for change of quarters. All applications for
change received on or before 20th day of a calender month will be considered for change in the
succeeding month.
(3) If an employee fails to accept a change of residence offered to him within 5 days of the
receipt of such offer for allotment, he shall not be considered again for a change of allotment of
that type.

16. Mutual exchange of residence :-

Employees to whom residence of the same type have been allotted under these regulations,
may apply for permission to mutual exchange of their residence permission for mutual exchanges
may be granted if both the employees are reasonably expected to be on duty under the Board and
to reside in their mutually exchanged residences for atleast * [two years ] from the date of ap-
proval of such exchange.

17. Maintenance of residence :-

The employee to whom a residence has been allotted shall maintain the residence and pre-
mises in a clean condition to the satisfaction of the Board. Such employees shall not grow any

** Inserted w. e. f. 4-11-69 by Notification No. P / OM / 114 /66 dt. 16-10-69.

* Substituted w. e. f. 24-12-88 vide Notification GSR No. 1313 (E) dated 24-12-86
tree, shurbs or plants contrary to the instructions issued by the Chairman or the Officer appointed
for this purpose by the Board nor cut or lop off any existing tree or shurb in any garden, courtyard
or compound attached to the residence save with the prior permission in writing of the Chairman
or the Officer appointed for this purpose by the Board. Trees, plantation or vegetation grown in
contravention of this regulation may be caused to be removed by the Chairman or the Officer
appointed for this purpose by the Board at the risk and cost of the employee concerned.

18. Subletting and sharing of residences :-

* No occupant shall sublet or underlet any portion of his quarters or take in lodgers or allow
any outsider other than a casual visitor to live in his quarters

19. Suspension of allotment of quarters :-

(1) When a quarter is allotted to an employee, he will normally be allowed to retain the
quarter until he surrenders it, or retires or resigns, or he is allotted another quarter or the allotment
is cancelled by the Chairman
** (2) Deleted.

***20. Forfeiture of house rent allowance :-

(1) No house rent allowance shall be payable to the employees to whom quarters are allotted.
Provided that when quarters are shared, the sharer or sharers belonging to Class III or
Class IV service excluding the allottee shall be paid house rent allowance as may be admissible if
however the allotte occupies quarters on a rent-free basis, the sharer or sharers will not be
entitled to house rent allowance
(2) The accommodation controlling authority shall furnish information regarding non accep-
tance of allotment offer or failure to accept the allotted residence after acceptance or surrender of
an allotment to the Head of the Department to regulate the grant of house rent allowance to the
employee according to the orders on the subject.
NOTE :- Refusal to occupy accommodation of a type other than that for which the em-
ployee is eligible is not “ refusal ” for the purpose of this rule.

21. Free allowance of drinking water :-

Free allowance of drinking water will be allowed to occupants on the scale laid down by
Board from time to time.

22. Keeping of cattle :-

(a) No allotte will be allowed to keep cattle in willingdon Island without a permit issued by
the Chairman or the Officer authorised by him in this behalf. A token bearing a number will be
issued and this should be tied round the neck of the cattle
* Substituted w. e. f. 24-12-86 vide Notification GSR No. 1313 (E) dated 24-12-86
** Deleted w. e. f. 27-5-75 by Notification No. EM / 298 / 74 dated 21-5-1975
*** Substituted w. e. f. 12-4-77 by Notification No. EM / 298 / 74 dated 29-3-77
 (b) Only one cow and a calf should be maintained by a family. A fee of Rs. 5/-towards the
permit will be levied,
(c) An employee found keeping cattle without permit and token will be liable to pay a panalty
of Rs. 50/-
(d) Allottees to whom permits for keeping cattle have been issued will be responsiblefor
maintaining the precinets in a clean and sanitary condition. They will also be responsible
for carrying out any suggestions made by the Board or the Port Health Department for
improving the sanitary conditions.
(e) The allottee should keep the cattle within the grounds of their quarters and should not
allow them to stray elsewhere.
(f) If any allottee contravenes any of the above conditions, the chairman may after issuing a
notice, cancel the allotment of the quarter concerned.
(g) Unclaimed cattle will be disposed of under the provisions of the Kerala Cattle Tresspass
Act.

23. Consequence of breach of rules of conditions :-

(1) Without prejudice to any action that may be taken under sections 130 and 131 of the
Major Port Trust, act 1963 (38 of 1963 ), the following penalties may, in addition for good and
sufficient reasons, be imposed by the Board.
If an employee to whom residence has been allotted, * ( fails without sufficient cause to bring
his family to reside with him within a reasonable period to be decided by the Chairman or the
Officer authorised in this behalf depending on the merit of each case, or ) unauthorisedly sublets
the residence or charges from the sharer at a rate which the Chairman or the Officer appointed for
this purpose by the Board considers excessive or erects any unauthorised structure in any part of
the residence, or uses the residence or any portion thereof for any purpose other than that for
which it is meant or tampers with the electric or water connection, or commits any other breach of
the regulation, or the terms and conditions of the allotment or uses the residences or premises or
permits or offers the residence or premises to be used for any purpose which the Chairman or the
Officer appointed for this purpose by the Board considers to be improper, or conducts himself in
a manner which, in his opinion, is prejudicial to the maintenance of harmonious relations with his
neighbours, or has knowingly furnished incorrect information in any application or written state-
ment, with a view to securing the allotment, the Chairman or the officer appointed for this purpose
by the Board may cancel the allotment of the residence.
EXPLANATION :-
In this clause, the expression „employee‟ includes, unless the context otherwise requires, a
member of his family and any person claiming through the employee.
(2) If the employee has in any application or statement suppressed any material fact, the
Chairman or the officer appointed for this purpose by the Board may cancel the allotement with
effect from the date he become ineligible for allotment of the Board‟s accommodation.

* Added w. e. f. 25-8-70 by Notification No. EM / 1489 / 68 dt. 13-8-70

 (3) If an employee sublets a residence allotted to him or any portion thereof or any of the
outerhouses, grades or stables appartment thereto, in contravention of these regulations, he may,
without prejudice to any other action that may be taken against him be charged enhanced rent not
exceeding 4 times the standard rent (*) The quantum of rent to be recovered and the period for
which the same may be recovered in each case will be decided by the Chairman (*) on merits. In
addition the employee may be debarred from sharing the residence for specified period in future
as may be decided by the Chairman (*)
(4) Where action to cancel the allotment is taken on account of unauthorised subletting of the
premises by the allottee a period of sixty days shall be allowed to the allottee and any other person
residing with him there in to vacate that premises. The allotment shall be cancelled with effect
from the date the vacation of the premises or expiry of the period of sixty days from the date of the
orders for the cancellation of the allotment, whichever is earlier.
(5) Where the allotment, of a residence is cancelled for conduct prejudical to the mainte-
nance of harmonious relations with neighbour; the employee at the discretion of Chairman (*) may
be allotted another residence in the same class at any other place.
(6) The Chairman or the officer appointed for this purpose by the Board shall be competent
to take all or any of the actions under sub-regulations (1) to (5) of this regulation and also to
declare the employee, who commits a breach of these regulations and instructions issued to him,
to be ineligible for allotment of residential accommodation for a period not exceeding three years.
Where the case relates to a Class I employee, the approval of the Board should be taken.

24. Overstayal in residence after cancellation of allotment :-

Where, after an allotment has been cancelled or is deemed to be cancelled under any provi-
sion contained in these regulations, the residence remains or has remained in occupation of the
employee to whom it was allotted or of any person claiming through him, such employee shall be
liable to pay damages for use and occupation of the residence, services, furniture and garden
charges, equal to the market rent as may be determined by the Board from time to time.
Provided that an employee, in special case, may be allowed by the Chairman or the officer
appointed for this purpose by the Board to retain a residence on payment of twice the standard
rent (*) or twice the pooled standard rent (*) whichever is higher for a period not exceeding six
months.

25. Continuance of allotment made prior to the issue of these

regulations :-
Any valid allotment of residence which is subsisting immediately before the commencement of
these regulations under the rules then in force shall be deemed to be an allotment duly made under
these regulations notwithstanding that the employee to whom it has been made is not entitled to a
residence of that type under regulation 6 and all the preceding provisions of these regulations shall
apply in relation to that allotment and that employee accordingly.

26. Interpretation of regulation :-

If any question arises as to the interpretation of these regulations the same shall be decided by
the Board.

* Deleted w. e. f.12-4-77 by Notification No. EM / 298 / 74 dated 29-3-77.

27. Relaxation of regulations :-
The Chairman (*) may for reasons to be recorded in writing relax all or any of the provisions
of the regulations in the case of any employee or residence or class of employees or type of
residences.

28. Delegation of power of functions :-

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

( Bd 6806 / 63 dated 31-12-1965 )

* Deleted w. e. f.12-4-77 by Notification No. EM / 298 / 77 dated 29-3-77.

 THE COCHIN PORT TRUST ( COMMITTEE PRO-
CEDURE ) REGULATIONS , 1966
The following regulations made by the Board of Trustees of Cochin Port in exercise of
the powers conferred by clause (a) of Section 123 of the Major Port Trust Act, 1963 ( 38 of
1963 ) read with sub-section (2) of Section 17 thereof are hereby published for the information of
the public, the same having been published by the Board for two weeks successively in the official
Gazette and approved by the Central Governments as required by Section 124 there of, namely;
1.Short Title and application: (1) These regulations may be called the Cochin
Port Trust ( Committee Procedure ) Regulations, 1966.
(2) They shall apply to the meetings and the transaction of business relating to any commit-
tee constituted by the Board under sub-section (1) of Section 17 of the Major Port Trusts Act,
1963 ( 38 of 1963 )
2.Definitions and Interpretations : (1) In these regulations, unless the con-
text otherwise requires;
(a) „Act‟ means the Major Port Trusts Act , 1963 ( 38 of 1963 ).
(b) „Committee‟ means a Committee constituted under sub-section (1) of Section 17 of the
Act.
(2) All other words and expressions used herein but not defined shall have the meanings
respectively assigned to them in the Act
3.Frequency of meetings : The meeting of the Committee shall be held on such
date and at such time and place as the Chairman of the Committee may, from time to time deter-
mine.
4.Circulation of agenda papers: The papers connected with the Agenda for
any meeting of the Committee, other than a special meeting there of, shall be circulated to the
members at least three days before the date of the meeting, and in the case of a special meeting
such papers shall be circulated at least one day before the date of the meeting.
5.Transaction of Business by the Committee : All business transacted
at the meetings of the Committee shall be so transacted with not less than three members of the
Committee ( including the person presiding ) attending such meetings.
6.Chairman of the Committee: The Chairman of the Committee shall be a
member of the Committee appointed as such by the Board.
7.Presiding at meetings : The Chairman of the Committee shall preside at the
meetings of the Committee, and in his absence, the members present may choose one from amongst
themselves to preside at such meetings.
8.Discussion on items not included in the Agenda: The person
presiding at a meeting of the Committee may, at his discretion, include for discussion at the meet-
ing ( including a special meeting ) any item not already included in the agenda if, in his, opinion, it
is of such importance and urgency that it cannot be held over for consideration at any subsequent
meeting of the Committee.
9.Decisions at Committee meeting : All decisions at a meeting of the
Committee shall be taken by a majority of the votes of the members present and voting and, in
case of an equality of the votes, the person presiding shall have a second or casting vote.
10.Pool: If a pool is demanded, the names of the members voting and the nature of their
votes shall be recorded by the person presiding at the meeting,
11.Minutes of the proceedings of the meeting: (1) The minutes of
each meeting of the Committee shall be recorded and shall be signed, as soon as may be after the
close of the meeting by the person presiding.
(2). The names of the members present at each meeting shall be recorded in the minutes.
(3) The minutes of every such meeting shall be placed for information on the table of the
Board at its next meeting.
12.Adjournment of meeting : The person presiding at the meeting may, in con-
sultation with the members present, adjourn it to a later date which shall be announced at the
meeting or communicated to the members at least three days before such date.
13.Calling of special meetings : The Chairman may, on his own motion, and
shall upon the written request made by not less than two members, call a special meeting of the
committee.

( No.B / 4148 / 64 dt: 8-2-67 )

( Published in Kerala Gazettee, dt: 21-2-67 )
 THE COCHIN PORT TRUST CONTRIBUTORY
PROVIDENT FUND RULES,
(INDIA) 1962 AMENDMENT REGULATIONS, 1967
In pursuance of Sub-section (2) of Section 124 of the Major Port Trusts Act, 1963
( 38 of 1963 ), the Board of Trustees of Cochin Port hereby publishes with the approval of the
Central Government the following regulations made by it in exercise of the powers conferred
under Section 28 of the said Act.

1.Short title and Commencement : These Regulations may be called

„Contributory Provident Fund Rules ( India ), 1962 Amendment Regulations‟, 1967.
II. In so far as their application to the Class III and Class IV employees of the Cochin Port
Trust is concerned the following rules of the Contributory Provident Fund ( India ), 1962 shall
stand amended with effect from 1-8-1967 as indicated below.
Rules 2. Definitions : (1) (ii) The existing definition of “emoluments‟‟ as given in this rule shall
be substituted by the following:
* (a) “Emoluments‟ means, pay, leave-salary, subsistence grant as defined in the Fundamental
Rules or in the Regulation, if any, framed by the Board and includes dearness allowance, city
compensatory allowance, interim relief and incentive earnings / premium payments and any, other
payments under the payment by Results Scheme, wherever applicable.
(b) The term „emoluments‟ will exclude all types of remuneration other than those men-
tioned above i. e., house rent allowance, overtime allowance and any other payment which is in
the nature of compensation for overtime work, night weightage, allowance granted for intermittent
type of work, extra remuneration in addition to normal wages for work done on Sundays, holidays
and off days, fees for supervision of floating craft, honorarium, conveyance allowance, cement
testing allowance, diving allowance, ration allowance‟ and any payments which is in the nature of
incentive bonus not connected with the output of work, family allowance, children‟s education
allowance, Voyage allowance etc.
** (c) The term „emoluments‟ in respect of employees engaged on piece rate basis will include
their actual earnings including piece rate earnings, incentive earnings / premium payments and
other payments, if any, under the payment by Results Schemes, idle time wages and attendance
money as may be fixed by the Board from time to time, but will exclude the entire element of
House Rent Allowance included in the piece rate earnings, and other allowance referred to in (b)
above

* Substituted w. e. f. 1-1-79 vide Ministry of Shipping & Transport Notification No. PW

/ PEX- 13-80 dated 26-10-81 published in the Gazette of India date 14-11-81 under GSR 1020
** Substituted w. e. f. 1-1-79 vide MOST Notification No. PW / PEX 13-80 dated 26-10-81
published in the Gazette of India date 14-11-81 under GSR 1020
Rule 8. Rates of Subscriptions :-

Add the following as clause (c) below the Proviso under sub-rule (2)

In the case of workers who are paid on a piece rate basis their emoulments on the
31st March or on the relevant date shall be deemed to be the monthly average emoluments
of the 12 months ending with the 31st March or the relevant date indicated in sub-rule (2)
above, in the event of a worker not having completed 12 months service on the 31st March
or on the relevant date, the monthly average of the emoluments during the actual period of
service ending with 31st March or the relevant date will be taken in to account

Provided that in the event of a worker being admitted to the Contributory Provident
Fund from the date of entry in to service, the emoluments for reckoning his subscription
during the period of his service up to the following 31st March shall be deemed to be 30
times the daily rate fixed for determining the piece rate excluding the elements of house rent
allowance and other admissible mentioned in rule II (1) (ii) (b) above.
III. These amendments will also apply to employees who are governed by Workmen‟s
Contributory Provident Fund Scheme.

( Bd / 10357 / 67 dt: 8-11-67 )

 T H E C O C H I N P O RT EMPLOYEES
( CLASS -III & CLASS- IV ) SPECIAL CON-
TRIBUTION REGULATIONS, 1967
In pursurance of Sub-section (2) of Section 124 of the Major Port Trusts Acts, 1963 ( 38 of
1963 ), the Board of Trustees of Cochin Port hereby publishes, with the approval of the Central
Government, the following regulations made by it in exercise the powers conferred under Section
28 of the said Act.

1.Short title and Commencement : (i) These Regulations may be called the
Cochin Port Employees ( Class III & Class IV ) Special Contribution Regulations, 1967.
(ii) They shall come into force with effect from 1-8-67 and shall supersede the existing
orders governing the grant of special contribution to the extent these orders are inconsistent with
the provisions of these Regulations.
(iii) They shall be applicable to the above classes of employees of the Port who are gov-
erned by the Contributory Provident Fund Rules for the time being applicable and who are eli-
gible to Special Contribution under the existing orders issued by the Government of India as
modified by these Regulations;
II (a) In these Regulations unless the context otherwise requires:-
(i) „Family‟ shall have the same meaning as assigned in the Contributory Provident Fund
Rules ( India ) 1962‟
(ii) „Board‟ shall have the same meaning as assigned in the Major Port Trust Act, 1963.
(iii) „Employee‟ means, a Class III and Class IV employee of the Board whose service
conditions are subject to the regulations making powers of the Board,
(iv) *(a) “Emoulments‟ means, pay, leave-salary, subsistence grant as defined in the Fundamental
Rules or in the Regulations, if any, framed by the Board and includes dearness allow-
ance, city compensatory allowance, interim relief and incentive earnings / preimum pay-
ments and any, other payments under the payment by Results Scheme, wherever appli-
cable.
(b) The term „Emoulments‟ will exclude all types of remuneration other than those men-
tioned above i. e., HouseRent Allowance, Overtime Allowance and any other payments
which is in the nature of compensation for overtime work, night weightage, allowance
granted for intermittent type of work, extra remuneration in addition to normal wages for
work done on sundays, holidays and off days, fees for supervision of floating craft,
honorarium, conveyance allowance, cement testing allowance, diving allowance, ration
allowance and any payment which is in the nature of incentive bonus not connected
with the output of work, family allowance, children‟s education allowance, Voyage al-
lowance etc.

* Substituted w. e. f. 1-1-79 vide Ministry of Shipping & Transport Notification No. PW

/ PEX- 13 / 80 dated 26-10-81 published in the Gazette of India dated 14-11-81 under
GSR 1020
 *(c) The term „emoluments‟ in respect of employees engaged on piece rate basis will include
their actual earning including piece rate earnings, incentive earnings / premium payment
and other payments if any, under the payment by Results Schemes. Idle time wages and
attendance money, as may be fixed by the Board from time to time, but will exclude the
entire element of House Rent Allowance included in the piece rate earnings, and other
allowances referred to in (b) above.
Provided that subject to the provision of the note below this regulation, „emoulments‟ will
mean only the emoulments admissible to a subscriber on the date of quitting service in the perma-
nent post on which he holds a lien or would hold a lien had it not been suspended;
Provided further that permanent employee who has been officiating on the date of quitting
service in higher posts continuously for 3 years or more will be treated as if he has held that
officiating post in substative capacity for the purpose of calculation of Special Contribution. For
this purpose all periods of leave or duty in still higher post or posts during the 3 years immedi-
ately preceeding the date of quitting service will count towards the limit of 3 years if it is certified
by the appointing authority that the employee would have continued to officiate in that post but for
such periods of leave or officiating service in the still higher post or posts.

**Note: In the case of workers paid on piece-rate basis the monthly average of their „pay‟
during the last 12 months preceeding the date of quitting service, or the „pay‟ as
defined in the case of non-piece rated employees whichever is beneficial to the
employees concerned excluding the element of House Rent Allowance and other
inadmissible items mentioned in II (a) (iv) (b) above will be taken into account for
purpose of calculation of special contribution. Periods of absence without pay
however will be excluded from the twelve months.
(v) „Service means continuous service during which a subscriber holds a lien or suspended
lien on a permanent post paid from the Port‟s revenues, but includes the following
periods:-
(a) Officiating or temporary service as paid Apprentice or as a Probationer, if followed
without break by permanent service,
(b) which the Board may be general or special order permit to be counted as service

***Note:The period of service rendered by an employee from the date of entry in to service to
the date on which he / she would have been eligible for admission to the Provident
Fund should be excluded for calculalting service for purposes of special contribution.

III.Eligibility for special contribution:

If an employee quits service on:
* Substituted w. e. f. 1-1-79 vide Ministry of Shipping & Transport Notification No. PW/
PEX- 13 / 80 dated 26-10-81 published in the Gazette of India dated 14-11-81 under
GSR 1020
** Substituted w.e. f. 7-4-1970 by Notification No. A4 / PR / 71 dt. 18-10-1972.
*** Inserted w.e.f. 29-2-1964 by Notification No. A4 / 2818 / 71 dated 30-5-1974.
 (a) Completion of 10 years‟ service, otherwise than by way of dismissal,
(b) Retirement with less than 10 years‟ service on account of permanent physical or mental
incapacity or abolition of appointment if other suitable employment cannot be found for
him, provided that he had joined service on or before reaching the age of 40 years;
And in either of the cases mentioned in (a) and (b) above the appointing authority is
satisfied in each case that the service of the employee was good, efficient and faithful.
(c) On Completion of 15 years‟ service under any circumstances including dismissal.
The appointing authority may order that the subscriber‟s Provident Fund Account shall
be credited with a Special Contribution calculated in the manner prescribed in Regulation IV below:
IV. The special contribution shall, subject to the provisions of Regulation (V) below, be as
follows.
(a) If service does not fall short of 15 years, half a months‟ emoulments for each completed
year of service but not exceeding 15 months‟ emoulments;
(b) If service falls short of 15 years, half a months‟ emoulments for each completed year of
service but not exceeding 6 months‟ emoulments provided that the appointing authority
may, on being satisfied that the circumstance are special, increase the special Contribu-
tion to one month‟s emoulments for each completed year of service subject to a maxi-
mum of 6 months emoulments.
*Note: The amount payable under this regulations shall be set off or adjusted as the case may
be against the amount payable under the Payment of Gratuity Act, 1972 and the rules
framed there - under. For the purpose of set off on adjustment, the special Contribution
to the Contributory Provident Fund shall be taken under no circumstances, shall the
amount payable to an employee be less than the amount prescribed under the Payment of
Gratuity Act.
V. The amount of special contribution calculalted in accordance with Regulation IV above
may, in any particular case, be with held or reduced by the Appointing Authority :
Provided that where the Appointing Authority is lower in rank than the authority competent
to dismiss the employee concerned the contribution shall not be with-held or reduced save with
the previous sanction of the latter authority;
Provided further that where the service of an employee has been terminated on account of
dismissal after completion of 15 years service and the Port has suffered any monitary loss attrib-
utable to the misconduct of the employee leading to his dismissal, the amount of such monetary
loss shall be deducted from the amount of special contribution payable to him under these Regu-
lations.
VI. If a subscriber dies while in service and leaves behind him a widow or a dependant child
or children, the Appointing Authority may direct a Special Contribution to be made to the
Subscriber‟s Provident Fund account calculated in the manner prescribed above as if the subscriber

* Added with effect from 27-7-87 vide Notification No, 12025 / 1/ 86-PEI (Vol. II ) dated
27-7--87 published under GSR 676 (E) dated 27-7-87
had on the date of his death quitted service on retirement on account of permanent incapacity if
the deceased subscriber was a female, the Appointing Authority may direct the special contribu-
tion to be made to her provident fund account eventhough the father of the dependent children left
behind by her may be earning.
VII. The families of such employees who are permanent and who die while in service will also
be eligible for gratuity as indicated below
(i) In the event of death in the first year of service:
Gratuity equal to the difference between the employee‟s two months emoulments and the
amount of Board‟s contribution together with interest thereon standing to his credit in the Fund
(ii) In the event of death after the first year of service and before completing five year‟s
service.
Gratuity equal to the difference between the employee‟s six months emoulments and the
amount of Board‟s contribution together with interest thereon standing to his credit in the Fund.
(iii) In the event of death after completing five years service:
Gratuity equal to the difference between the employee‟s twelve month‟s emoulments and the
amount of Board‟s contribution together with interest thereon standing to his credit in the Fund.

* Note: The amount payable under this regulations shall be set off or adjusted as the case may
be against the amount payable under the Payment of Gratuity Act, 1972 and the rules
framed there-under. For the purpose of set off or adjustment, the special Contribution
to the Contributory Provident Fund shall be taken under no circumstances, shall the
amount payable to an employee be less than the amount prescribed under the Payment
of Gratuity Act.

VII. These Regulations will also apply to the Employees who subscribe to the Workmen‟s
Contributory Provident Fund.

( Bd / 10357 / 67 dated 8-11-67 )

* Added with effect from 27-7-87 vide GSR 676 (E) dated 27-7-87.
 THE COCHIN PORT TRUST SERVICES (REWARD
FOR SUGGESTIONS ) REGULATIONS, 1968.
In exercise of the powers conferred by section 28 of the Major Port Trusts Act, 1963 (38 of
1963 ) the Board of Trustees for the Port of cochin hereby makes the following regulations, the
same having been approved by the Central Government under sub-section 124 of the said Act,
namely:-

1.Short Title :- These regulations may be called the Cochin Port Trust Services ( Reward
for suggestions, Regulations, 1968.

*2.Application:- They shall apply to Class I, Class II, Class III and Class IV em-
ployees of the Board, excluding those referred to in clause (a) (i) and (ii) of sub-section (i) of
Section 24 of the Major Port Trusts Act, 1963.
3.Definitions: In these regulations, unless the context otherwise requires:-
(1) „Board‟, „Chairman‟ and „Head of a Department‟ shall have the same meaning respec-
tively assigned to them in the Major Port Trust Act, 1963.
(2) „Employee‟ means an employee of the Board, whether permanent or temporary, and
includes any employee on foreign service in an outside organisation and any employee of
the Central Government, or State Government, or a local or other authority; whose
service have been lent to the Board

4.Suggestion by employee regarding improvement of system:-

(1) Where an employee desires to suggest modification in the system or procedure then
existing, or suggest the introduction of a new system or procedure, which may result in increasing
efficiency and productivity, or in the saving of time, labour and cost, in the administrative or tech-
nical field connected with the port, he shall submit his suggestion in clear terms in duplicate to the
Head of the Department through his immediate Superiors.

5.Procedure to be followed by immediate superiors and Heads of Departments:-

(1) On receipt of the suggestion, the immediate superior shall forward it to the Head of the
Department, through proper channel, recording on a seperate sheet, his comments on the work-
ability of the suggestion and the improvement expected to result from its implimentation.
(2) The intermediate officers shall, without delay, submit the suggestion promptly to the
Head of the Department indicating on seperate sheet whether they agree with the suggestion or
not.
(3) If the Head of the Department approves the suggestion, he shall forward the same to the
Committee reffered to in sub-regulation (1) of the regulation 6 together with his recommendations.

* Substituted w. e. f. 27-6-1986 vide Notification No. PW/ PER-26 / 85 dated 27-6-1986

published in the Gazette of India dated 27-6-1986 under GSR 916 (E)
 (4) If the Head of the Department considers that the suggestion is not fit to be implemented,
he shall forward the same to the Chairman with a recommendation that the papers may be filed.

(5) If the Chairman approves the recommendation made under sub-regulation (4), a brief
reply stating that the suggestion is not workable shall be sent to the employee concerned.

(6) No correspondance shall thereafter be entertained on the said suggestion.

(7) If the Chairman does not accept the recommendation made by the Head of the Depatment,
he shall return the papers to the Head of the Department with a direction to submit the papers to
the Committee referred to in sub-regulation (1) of regulation 6 and the Head of the Department
shall comply with such direction.

6.Committee to scrutinise suggestions:-

(1) A Committee consisting of the Secretary, Financial Adviser & Chief Accounts Officer
and the Head of the Department concerned shall consider the suggestion approved by the Head
of the Department under sub-regulation (3) of the regulation 5 or the suggestion submitted to it
under sub-regultaion (7) of that regulation by the Chairman.

(2) If the Financial adviser & Chief Accounts Officer or the Secretary himself is the Head of
the department concerned, the Chief Engineer shall be the third member of the Committee.

(3) The Committee shall scruitnise the suggestions from the point of view of its practicability
and the improvement and the saving resulting from its implementaion vis-a-vis its effect on the
existing staff set up and capital investment, make recommendations regarding the acceptability of
the suggestion and determine with reference to the provisions of regulation 8 the amount and form
of reward to be given to the employee concerned for the approval of the Chairman.

(4) The Chairman shall then pass orders on the recommendations made under sub-regula-
tion (3) including the amount and form of reward to be given to the employee concerned and
direct the Head of the Department concerned to implement the orders.

(5) (a) If the Committee considers the suggestion not fit for implementation, it shall record
its reasons and submit the same to the Chairman for his approval.

(b) If the Chairman approves the recommendation of the Committee under clause (a), he
shall direct the Head of the Department concerned to communicate to the employee the reasons
for the rejection of the suggestion.

(6) In all cases where the Chairman does not accept the recommendations of the Commit-
tee, the matter shall be placed before the Board for its decision at its next meeting.

7. Meeting of the Committee: Secretary of the Board shall decide the

date, time and place of the meetings of the Committee.
8.Reward (1) Wherever any advantage resulting from the implementation of a suggestion
can be measured in monetary terms,such as a saving in expenditure or increase in revenue, the
amount of the reward for that suggestion shall be five percent of such annual monetary advantage
or one thousand five hundered rupees whichever is less.
(2) Where the advantage resulting from a suggestion cannot be measured in monetary terms
but the suggestion is such as would lead to improvement, the amount of the award may be fixed
on adhoc basis, subject to a ceiling of one thousand five hundred Rupees.
(3) Where a suggestion is not calculated to result in appreciable saving or improvement and
does not qualify for a cash reward, but is found fit to be adopted in the interest of the administra-
tion, the employee concerned shall be ranked a merit certificate.
(4) The reward under sub-regulations (1) and (2) may be in the form of cash award,
National Saving Certificates or Defence Bonds or gifts or useful article and the form in
which the reward shall be given shall be decided by the Chairman in each case.
(5) (a) A reference to the suggestion made by an employee and the reward awarded to
him shall be mentioned in his confidential roll.
(b) If a confidental roll is not maintained a certificate setting out in brief the details of the
suggestions and the reward shall be issued to the employee concerned by the Head of the Depart-
ment under whom he is working.
9.Expenditure:- The expenditure incurred on rewards shall be debited to the head „Rev-
enue Account I- General Charges ( n ) Miscellaneaous‟
 THE COCHIN PORT EMPLOYEES ( GRANT OF
ADVANCES FOR BUILDING OF HOUSES )
REGULATIONS, 1971
In exercise of the powers conferred by section 28 of the Major Port Trusts Act, 1963
(38 of 1963 ), the Board of Trustees of the Cochin Port, hereby makes with the approval of the
Central Government the following regulations the same having been previously published as re-
quired under Sub-section (2) of section 124 of the said Act namely :-

1. Short title and Commencement :-

(1) These regulations may be called the Cochin Port Employees ( Grant of Advances for
Building of Houses ) Regulations, 1971.
(2) These Regulations shall come into force from the date of their publication in the Official
Gazette
2. Definitions :- In these Regulations, unless the Context otherwise requires:
(a) “Act” means the Major Port Trusts Act, 1963 ,
(b) “Board” means the Board of Trustees constituted under the Act for the Port of Cochin.
(c) “Chairman” means the Chairman of the Board.
(d) “Deputy Chairman” means the Dy. Chairman of the Board.
(e) “Employee” means the employee of the Board.
(f) “Government” means the Central Government
(g) “Head of Department” means a post, the incumbent of which shall for the purpose of the Act
be specified by the Central Government as such under Sub-section (2) of section 24 of the
said Act.
(h) “Legal Adviser “ means the Legal Adviser to the Board appointed from time to time.
* (i) “Permanent Employee” is an employee who has been confirmed in the grade of his entry in to
service.
* (j) “Temporary Employee” is an Employee who is not holding a regular post or who has not been
confirmed in the post to which he is initially recruited.
3. Eligibility :- House Building Advance may be granted to the following categories of the
employees, namely :-
(a) Permanent Employees of the Board,
(b) employees of the Board not falling under category (a) above.
who have rendered atleast ten years continuous service, provided the sanctioning authority is
satisfied that they are likely to continue in the service of the Board at least till the house for
which the advance is sanctioned, is built or mortgaged to the Board.
@Note : (1) In case where both the husband and wife happen to be employees of the Board and
eligible for the grant of advance it shall be admissible to only one of them.

* Substituted vide GSR 796 (E) dt. 4-12-02 approved by Ministry‟s letter No. F.No. H-11011/5/
200-PE-I
@ Substituted w.e.f. 22-6-76 by Notification No. F7 / HBA / 844 / 75 dated 10-6-76 approved
vide Ministry‟s letter No. PEX - 32 / 76 dt. 3-6-76.
@ Note : (2) In the case of Ex-Servicemen re-employed in Board‟s Service, the Military
Service rendered by them shall also be taken into account for reckoning the
period of ten years continuous service, provided they have completed their
probationary period satisfactorily.
This is subject to the conditions that the ex-serviceman has not drawn House Building
Advance during his military service and recovery of HBA with interest is assured during
the re-employed period.

4. Conditions to be fulfilled : An applicant for the grant of an advance, must

satisfy the following conditions namely :-

* 4 (a) 1. The cost of the house to be built / purchased ( excluding the cost of land as mentioned
in the sale deed in resepect of the land / house ) should not exceed 200 times of the
monthly basic pay + NPA + stagnation increment of the employees subject to a minimum
of Rs. 7.5 lakhs and a maximum of Rs. 18 lakhs . Where the Chairman is satisfied for
proper reasons that there is justification on the merits of the case they may relax the
ceiling limit, the same may be relaxed upto a maximum of 25% of the ceiling mentioned
above in individual cases, and the applicant should not have availed of any loan or ad-
vance for the purpose from any other authority or body such as the Department of
Rehabilitation or a Central or a State Housing Scheme provided, that where the loan or
advance already availed of by an applicant does not exceed the amount admissible under
these rules, it is open to him to apply for an advance under these rules subject to the condition
that he undertakes to repay the outstanding loan or advance together with interest if any
thereon forthwith, in one lumpsum to the authority or body aforesaid.

2. Employees who acquire houses through membership of Co-operative Group, Housing Socities
shall also be eligible for grant of HBA upto the limit as in (a) I above such employees shall
however be required to furnish the following documents in addition to personal Bond for
drawing HBA beyond the limit of Rs. 70,000/-

(i) An agreemt to mortgage the house or flat following by deposit of title deeds as and when
available.

(ii) Promisory Note in respect of the amount of the Principal plus interest at the specified rates.

(b) in cases where an employee makes ( or has made ) a final withdrawal from his Provident Fund
account in connection with the construction / acquisition of a house in addition of an advance
under these rules, the total amount of the advance sanctioned under these rules and that
withdrawn from the Provident Fund should not exceed the cost ceiling limits prescribed in
these regulations.

* Substituted vide GSR 796 (E) dt. 4-12-02 approved by Ministry‟s letter No. F.No. H-11011/5/
2000-PE-I
@ Added vide Notification No. PW / PER - 3585 dated 21-9-87 published in Gazette of India
under GSR 807 (E) dated 21-9-87
 (c) Neither the applicant nor the applicant‟s wife / husband / minor child must be the owner
of a house. However this condition may be relaxed by the Board in exceptional circum-
stances, for example, if the applicant or the applicant‟s wife / husband / minor child owns
a house in a village and the applicant desires to settle down in a town, or where an
applicant happens to own a house jointly with other relations and he desires to build a
seperate house for his bonafide residential purpose.
(d) The floor area of the house to be constructed or purchased must not be less than 380 sq.ft.
* (e) If the advance is for the construction of a house “The title to the land should be clear, and
the land should be owned by the employee or employee‟s wife / husband or jointly”,
provided that both the husband and wife are willing to mortgage the land / house in
favour of the Board as a security for repayment of the advance.
*(f) If the advance is for purchase of a ready built house / flat from private parties the house
/ flat should be „new‟ and „unlived in‟and the applicant should get it valued at his / her
cost by Registered valuers.
(i) private parties include registered builders, architects, house building societies etc but
not private individual.
*(g) “Newness” and “unlilved in” condition of the house / flat should be determined by ascertain-
ing the following facts .
(i) the number and date of approval of the building plan issued by the Municipal / Local
Authorities by seeing the original plan”
* (ii) the date of commencement of construction and date of completion of the house by scru-
tinizing the completion certificate issued by the Municipality / Local Authorities.
* (iii) the tax bill and receipt issued by the Municipality / Local Authority and neighbourhood
enquiries if necessary.
* (h) If the advance is for constructing residential part of the building on a shop-cum-residential
plot situated in a residential colony.
* a) the proposed cost of construction, including the shop (s) should not exceed the ceiling
limit prescribed.
* b) the entire property including the shop (s) and the residential portion should be mortgaged
and insured against fire, lightning, riot and natural calamities.
* c) Advance will be sanctioned only for construction of residential portion.
*(i) The house / flat constructed / acquired should be used only for residential purposes and using
it in any other manner will be violation on the conditions for grant of HBA

NOTE :- For the purpose of this and other regulations and forms of mortgage appended to these
regulations, the terms “ House ” includes a flat, unless the context otherwise warrants.

* Substituted vide GSR 796 (E) dt. 4-12-02 approved by Ministry‟s letter No. F.No. H-11011/5/
2000-PE-I
5. Purposes for which advance may be granted :- An advance may
be granted for -
(a) constructing a new house ( including the acquisition of a suitable plot of land for the
purpose or for purchasing a ready built house or flat either at the place of duty or at the
place where the employee proposes to settle after retirement )
(b) enlarging the ( living accomodation in an existing house owned by the employee con-
cerned or jointly owned with his / her, wife / husband ) provided that the total cost of the
existing structure ( excluding land ) and proposed additions and expansions do not ex-
ceed * Rs. 18,00,000 in the case of Class I and Class II officers and Rs. 8,00,000 in the
case of Class III and Class IV employees which ever is less.
(c) repayment of a loan or an advance taken * from any financial institution provided that the
Heads of Departments should satisfy that the other loans were taken by the employee
entirely for the purpose of construction / purchase of house / flat.

6. Amount of Advance :-
(a) Not more than one advance shall be sanctioned under these regulations to an employee
during his entire service.
*(b) Class I and II officers may be granted an advance not exceeding an amount equal to 50 times
of Basic Pay + stagnation increment + NPA subject to a maximum of Rs.7,50,000/- or
the actual cost of construction whichever is less in cases covered by Regulation 5 (a) above
and Rs.1,80,000/- in cases falling under Regulation 5 (b) above.
Class III and IV employees may be granted an advance not exceeding an amount equal
to 50 times of Basic pay + stagnation increment in cases covered by Regulation 5 (a)
above and Rs. 1,80,000/- in cases falling under Regulation 5 (b) above.
(c) The actual amout of advance to be sanctioned shall be determined by the Chief Engineer
of the Port Trust on the basis of plans, detailed specifications and estimate to be fur-
nished by applicants justifying to the amount of advance applied for and shall be re-
stricted to the estimated cost of construction within the ceiling amounts prescribed above.
**The true cost of land and construction of house or cost of enlarging living accomomation
shall be restricted to 80% in rural areas. If the Head of Department certifies that the
concerned rural area falls within the periphery of a town or city this can be sanctioned
upto 100%. The amount of advance will further be restricted to the amount which an
employee can repay partly from his gratuity / Death-Cum-Retirement Gratuity and partly
by convenient monthly deductions from his pay before the date of his superannuation
according to the service rules, applicable to him.
(d) Recovery of the monthly instalment of the advance shall be effected after the expiry of
one year from the date of sanction of the advance by the Board.

** Substituted vide GSR 796 (E) dt. 4-12-02 approved by Ministry‟s letter No. F.No. H-11011/5/
2000-PE-I
 * (e) The repaying capacity of the employee will be calculated in the following manner.
a) In the case of officials retiring after 35% of basic pay + stagnation Incre-
20 years ment + NPA
b) In the case of officials retiring after 40% of basic pay + S.I + NPA after
10 years but not later adjustment of 65% of DCRG
than 20 years
c) In the case of Officials retiring within 50% of basic pay + S.I + NPA after
10 years adjustment of 75% of DCRG

7. Disbursement and Security :-

*(a) (1) Advance required Partly for the purchase of land and partly for constructing a
single storeyed new house or enlarging living accommodation in an existing house shall
be paid as follows :-
(i) An amount not exceeding 40% of the sanctioned advance will be payable to the appli-
cant for purchasing a developed plot of land on which construction can commence im-
mediately on receipt of the loan, on his executing an agreement in the prescribed form for
the repayment of the advance. In all cases in which part of the advance is given for the
purchase of land, the land must be purchased and the sale deed in respect thereof pro-
duced for the inspection of the Head of Department concerned within two months of the
date on which the above amount of 40 percent is drawn or within such further time as the
Chairman / Head of Department may allow in his behalf failing which the applicant shall
be liable to refund forthwith, the entire amount to the Board, together with interest thereon.
(ii) An amount equal to 50 percent of the balance of the advance will be payable to the
applicant on his mortgaging in favour of the Board the land purchased by him along with
the house to be built thereon where such mortgage is permitted by the terms of the sale of
land. In cases where the terms of the sale do not vest the title in the purchaser till a
house is erected on the land, the applicant shall execute an agreement with the Board in
the prescribed from agreeing to mortgage the land, together with the house to be built
thereon, as soon as the house has been built and the title to the property is absolute.
(iii) The balance of the sanctioned advance shall be payable when the construction of the
House has reached plinth level.
2. Advance required for constructing single storeyed new house or enlarging living
accomodation in an existing house shall be paid as follows :-
(i) An amount equal to 50% of the sanctioned advance shall be payable to the applicant on
his mortgaging in favour of the Board, the land purchased by him alongwith the house to
be built thereon where such mortgage is permitted by the terms of sale of land. In cases
where the terms of sale do not vest title in the purchaser till a house is constructed on the
land, the applicant shall execute an agreement with the Board in the prescribed form
agreeing to mortgage the land together with the house to be built thereon, as soon as the
house has been built and the title to the property is complete.
(ii) A further amount not exceeding 50% of the sanctioned advance shall be payable when
the house has reached the plinth level.

* Substituted vide GSR 796 (E) dt. 4-12-02 approved by Ministry‟s letter No. F.No. H-
11011/5/ 2000-PE-I
 * 3. “Advance required partly for the purchase of land and partly for constructing a double
storeyed new house or enlarging llivilng accommodation in an existing house shall be paid as
follows :-
(i) An amount not exceeding 30 percent of the sanctioned advance shall be payable to the
applicant for purchasing a developed plot of land on which construction can commence
immediately on receipt of the loan on his executing an agreement in the prescribed form
for the repayment of advance. In all cases in which part of the advanceis given for the
purchase of land, the land must be purchased and the sale deed in respect thereof pro-
duced for the inspection of the Head of Department within two months of the date on
which the above amount of 30 percent is drawn, or within such further time as the Chair-
man / Head of Department may allow in this behalf, failing which the applicant shall be
liable to refund, forthwith the entire amount to the Board, with interest thereon;
ii) An amount equal to 50 percent of the balance of the advance shall be payable to the
applicant on his mortgaging in favour of the Board, the land purchased by him along with
the house to be built thereon, where such mortgage is permitted by the terms of the sale
of land. In case where such mortgage is not permitted, the provision as contained in the
last senctence of Regulation 7 (a) (i) (ii) shall apply.
iii) The balance of the sanctioned advance shall be payable when the construction of the
house has reached the plinth level.
*4. An advance required only for constructing a double storeyed new house or enlarging living
accommodation in an existing house shall be paid as follows :-
(i) An amount equal to 50 percent of the sanctioned advance shall be payable to the appli-
cant on his mortgaging in favour of the Board, the land purchased by him along with the
house to be built there on, where such mortgage is permitted by the terms of the sale of
land. In cases where such mortgage is not permitted, the provision as contained in the
last sentence of Regulation 7 (a) (i) (ii) shall apply.
(ii) The remaining 50 percent of the sanctioned advance shall be payable when the construc-
tion has reached the plinth level.
5. An advance required for purchasing a ready built shall be
paid as follows :-
The Head of the Department may sanction the payment of the entire amount reguired by and
admissible to the applicant in one lumpsum on the applicants executing an agreement for the repayment
of the loan. The acquisition of the house must be completed, and the house mortgaged to the Board
within three months from the date of the drawal of the advance, failling which the advance, together with
the interest thereon, shall be refunded to the Board, forthwith unless an extension of the time limit if
granted by the Head of the Department concerned.
6. An advance required for purchase construction of a new flat shall be
paid as follows :-
The Head of the Department may sanction the payment of the entire amount required by,
and admissible to the applicant, on the applicants, executing an agreement and complying with the
provisions contained in Regulation 7 (b) (2) for the repayment of the loan. The amount may either
be disbursed in one lumpsum or in suitable instalment at the discretion of the Head of the Depart-
ment. The amount so drawn or the instalment so drawn by the applicant shall be utilised for the
purpose for which it was drawn within one month of the drawal of the advance of the instalments,
failing which the advance or part of the advance so disbursed, together with the interest thereon
* Substituted vide GSR 796 (E) dated 4-12-02 approved by Ministry‟s Notification No. F. H-
11011 / 5 / 2000- PE-I
shall be refunded to the Board forthwith unless an extension of the time limit is specifically granted
by the Head of the Dept.
In the case of applications for advance for purchasing a ready built or acquisition of flat :-
(i) The advance shall not exceed the actual cost of the ready built house or flat * 50 times the
monthly basic pay for class III & IV employees and 50 times basic pay + NPA subject to a
maximum of Rs. 7.5 lakhs for class I and II officers.
(ii) the advance shall be admissible only for an outnight purchase and not for hire purchase of
a house / flat.
(iii) the employee should have the right to mortgage the house / flat to the the Board straight
away and
(iv) the total cost of the house / flat shall not exceed the prescribed ceiling.
In the case of sale of flats / houses by Government quasi Government or Local bodies,
Housing Boards, Development Authorities and the like, the applicants while submitting
the applications need not enclose therewith any approved plans, estimates, valuation and
utility ( remaining life of the building ) certificates. In such cases it will be presumed that
the house / flat is in an approved / developed or a colony and that the house / flat has
been constructed according to a properly approved plan and is of sound specifications
and the building will atleast last for 20 years ( the maximum period in which the advance
with interest is recoverable the cost of the house / flat is reasonable. In such cases the
application should be accompained by the following documents, namely :-
1. An attested copy of a letter from the government Department / Quasi Government /
Local Government organisation / Local body / Housing Board etc. as the case may be
from whom the house / flat is to be purchased allotting or agreeing to allot the land and
house ( or the flat, as the case may be ) and stating therein
a) the cost of the house and land / flat,
b) the conditions for sale ,
c) the accommodation available therein ,
d) whether they have permitted the employee to mortgage the land and the house / flat in
favour of the Board as a security for the advance of such terms and conditions as
the Board may prescribe
2. An attested copy of the draft lease / sale deed for land and the house / flat.
7. Advance required for repaying a loan taken by the appli-
cant for constructing a house shall be paid as follows :-
The Head of the Department may sanction the payment of the entire amount required by and
admissible to the applicant in one lumpsum on the applicants executing an agreement in the prescribed
form for the repayment of the loan. The acquisition of the house must be completed, and the house
mortgaged to Board within three months from the date of the drawal of the advance, falling which the
advance, together with the interest thereon shall be refunded to the Board forthwith, unless an exten-
sion of the time limit is granted by the Head of the Department concerned.
b) 1) In addition to the execution of the agreement / mortgage deed referred to in sub-para-
graph (a) above, the following three categories of applicants shall also be required to
furnish the surety of an approved permanent employee of the Board in the prescribed
form before the sanctioned advance or any part thereof is actually disbursed to them.
(i) All applicants who are not permanent employees of the Board.
* Substituted vide GSR 796 (E) dated 4-12-02 approved by Ministry‟s Notification No.
F. H-11011 / 5 / 2000- PE-I
 ii) all applicants who are due to retire from service within a period of eighteen months
following the date of application for the grant of advance.

iii) all applicants who are permanent employees of the Board but not covered by sub-para-
graph (ii) above, if they require the advance for repayment of earlier loan / loans taken
for constructing / purchasing a house.

NOTE (i) The liability of the surety will continue till the house built / redeemed is mortgaged to the
Board or till the advance together with interest due thereon is repaid to the Board which-
ever occurs earlier.

ii) Utilisation of the advance for a purpose other than that for which it is sanctioned shall
render the employee liable to suitable disciplinary action under the Cochin Port Em-
ployee ( CC&A) Regulations, 1964 or under any other rules of service applicable to the
employee. He may also be called upon to refund to the Board forthwith, the entire
advance drawn by him together with interest accuring thereon in accordance with regula-
tion 8 of these regulations.

* iii) The period for producing the sale deed in respect of the developed plot of land referred
to in sub-regulation (a) (I) (i) and (a) (3) (i) shall be extended by the Head of Depart-
ment by a reasonable time after satisfying himself that the applicant has either already
paid the cost of the land or is likely to pay it immediately, that the extension of time will
enable him to acquire the title, to the land and that he has every intention of building a
house and will be in a position to complete the construction of the house by the 18th
month after the date of the drawal of the first instalment of the advance or within such period
by which the time for the completion of the house is extended under Regulation 9 (a) (ii).

(2) In addition to the compliance with the above provisions contained in sub-regulation (a)
and (b) (1) above the applicant who desires to construct a house or purchase a ready
built flat should furnish adequate collateral security as laid down under rule 274 of the
compilation of the General financial Rules ( Revised and Enlarged ) , 1963, to the satis-
faction of the Head of the Department whenever the land on which the house / flat stands
is not mortgaged by the applicant in favour of the Board as a security towards repayment
of the advance.

*8 Interest on advance shall carry simple interest from the date of advance. The amount of
interest shall be calculated on the balance outstanding on the last day of each month. The
rate of interest on House Building Advance granted to the Port employees under these
Regulations will be the same as made applicable by the Central Government to its em-
ployees for this purpose from time to time

9.Construction, maintenance etc.:- (a) The Construction of a house flat

or addition to living accommodation in an existing house (as the case may be ) shall be :-

* Substituted vide GSR 796 (E) dated 4-12-02 approved by Ministry‟s Notification No.
F. H-11011 / 5 / 2000- PE-I
 ( i ) Carried out exactly in accordance with the approved plan and specifications on the basis
of which amount of the advance has been computed and sanctioned. The plan and
specifications must not be departed from without the prior written concurrence of Board.
The employee shall certify, when applying for instalments of advance admisible at the
plinth roof level, that the construction is being carried out strictly in accordance, with the
plan and estimates furnished by him to the Board, that the construction has actually reached
the plinth roof level and that the amount already drawn has actually been used in the construc-
tion of the house / flat. The Head of Department may, if necessary, arrange to have an
inspection carried out to verrify the correctness of the certificate.

(ii) Completed within eighteen months on the date on which the first instalment of the advance is
paid to the employee concerned. Failure to do so will render the employee liable to refund
the entire amount advanced to him ( together with interest thereon calculated as in Regulation
8 above ) in one lumpsum. An extension of time limit may be allowed upto one year by the
Head of Department and for longer period by the Chairman, in those cases where the work is
delayed due to circumstances beyond the employee‟s control. The date of completion must
be reported to the chairman and to the Head of Department concerned forthwith.

( Substituted vide GSR No. 258 (E) dt. 27-6-96)

(b) Immediately on completion, employee concerned shall insure the house / flat at his own cost
with the life Insurance Corporation of India for a sum not less than the amount of the advance
and shall keep it so insured against damage by fire, flood and lightning till the advance is fully
repaid to the Board and deposit the policy with Board. The premia must be paid regularly
and the premium receipts produced for inspection by the appropriate authority (Head of the
Office or Department concerned ). The Head of the Department shall obtain from the em-
ployee drawing the advance a letter to the insurer with whom the house is insured, to notify to
the latter the fact that Board is interested in the insurance policy acquired. The Head of
Department shall himself forward the letter to the insurer and obtain his acknowledgement in
the case of insurance effected on annual basis, this process shall be repeated every year until
the advance has been fully repaid to the Board.
(c) The house / flat must be maintained in good repair at his own cost by the employee con-
cerned. He shall also keep it free from all encumbrance and shall continue to pay all the
municipal and other local rates and taxes regularly until the advance has been repaid to the
Board in full. The employee shall furnish an annual certificate to the effect to the Head of the
Department.
(d) After the completion of the construction / purchase of the house / flat, annual inspection may
be carried out by any authorised officer under instruction from the Head of the Department
concerned, to ensure that it is maintained in good repair until the advance has been repaid in
full. The employee concerned, shall afford full facility for these inspections to the officer / s
authorised in this behalf.
Note :- Furnishing a false certificate shall render the employee concerned liable to suitable disciplinary
action under the rules of service applicable to him. He may also be called upon to refund to
the Board forthwith the entire advance drawn by him together with interest accruing thereon in
accordance with regulation 8 of these regulations.
10. Repayment of the advance :- (a) the advance granted to an employee
under these regulations together with the interest thereon shall be repaid in full by monthly instalments
within a period not exceeding 20 years. First the recovery of the advance shall be made in not
more than 180 monthly instalments and then interest shall be recovered in not more than 60 monthly
instalments.

Note:(1) The amount to be recovered monthly shall be fixed in whole repees, except in the case
of the last instalment when the remaining balance including any fraction of rupee shall be
recovered.

*(ii) Recovery of advance granted partly for purchase of land and partly for construction shall
commence from the pay of the month following the completion of the house or the pay of
the 24th month after the date on which the instalment for purchase of land is paid to the
employee, whichever is earlier. Recovery of advance granted for constructing a new
house / flat or enlarging living accommodation in an existing house shall commence from
the month following the completion of the house / flat or the 18th month after the date on
which the first instalments of the advance is paid to an employee of the Board, whichever
is earlier. Inthe case of advance taken for purchasing a ready built house / flat or for
repaying earlier loans ( including those from private parties ) taken for constructing a
house, recovery shall commence from the pay of the month following that in which that
advance is drawn.

(iii) It will be open to an employee to repay the amount in a shorter period if he so desires. In
any case, the entire advance must be repaid in full ( with interest thereon ) before the date
on which they are due to retire from service.

(iv) In order to avoid undue hardship to an employee who is due to retire within 20 yearsof
the date of the application for the grant of an advance and who under the previous rules
applicable to him is eligible for the grant of a gratuity or death-cum-retirement gratuity,
the Head of the Department may permit him to repay the advance with interest in conve-
nient monthly instalments the amount of which shall not be less than the amount of monthly
instalments worked out on the basis of repayment within a period of 20 years during the
remaining period of his service, provided he agrees to the incorporation of a suitable
provision in the prescribed agreement and mortgage deed to the effect that the Board
shall be entitled to recover the balance of the said advance with interest remaining unpaid
at the time of his retirement or death preceeding retirement from the whole or any speci-
fied part of the gratuity that may be sanctioned to him.

(v) In case the employee does not repay the balance of the advance due to the Board on or
before the date of his retirement, it shall be open to the Board to enforece the security of
the mortgage at any time thereafter, and recover the balance of the advance due together
with interest and cost of recovery by sale of the house or in such other manner as may be
permissible under the law,

* Substituted vide GSR 796 (E) dated 4-12-02 approved by ministry‟s Notification No. F-H-
11011 / 5 / 2000 -PE-I
(b) Recovery of the advance shall be effected through the monthly pay / leave salary /
subsistance allowance bills of the employee concerned by the Head of the office or the
Financial Adviser and Chief Account s officer of the Board, as the case may be. The
recoveries will not be held up or postponed except with the prior concurrence of the
Chairman of the Board. In the event of subsistence allowance payable being reduced on
prolonged suspension of the employee the recoveries may be suitably reduced by the
Head of the Department, if considered necessary after obtaining the concurrence of the
Chairman of the Board.

(c) If an employee ceases to be in service for any reason other than normal retirement super-
annuation, or if he dies before repayment of the advance in full the entire outstanding
amount of the advance shall become payable to the Board forthwith. The Board may
however, in deserving cases, permit the employee concerned, or his successors in inter-
est, as the case may be, or the sureties in cases covered by regulation 7 (b) if the house
has not been completed and / or mortgaged to the Board by that time, to repay the
outstanding amount together with interest thereon calculated as in regulation 8 above in
suitable instalments. Failure on the part of the employee concerned or his successors
(as the case may be ) to repay the advance for any reason whatsoever, will, entitle the
Board to enforce the mortgage and take such other action to effect recovery of the
outstanding amount as may be permissible.

(d) The property mortgaged to the Board shall be reconveyed to the employee concerned
(or his successors in interest as the case may be) after the advance together with interest
thereon has been repaid to the Board in full.

11.Procedure for dealing with applications

a) Applications should be submitted by the employees to the Head of the Department in the
precribed form ( in duplicate ) through proper channel. The followoing documents should
accompany the applications namely :-

i) A declaration in regard to house, property if any owned by the applicant or the applicant‟s
wife / husband / minor children at the time of application.

ii) If the advance is required for enlarging living accommodation in an existing house or for
repaying earlier loans taken for constructing a house / flat an attested copy of the sale
deed as well as of other documents if any establishing that the applicant possesses indis-
putable title to the property in question is free from encumbrances. A site plan should
also be furnished where advance is required for repayments of earlier loan (s) : authentic
evidence indicating the outstanding amount (s) of the loan (s) in question .
iii) In all cases where applicants happen to be in possession of land and desire to build a new
house / flat on it, a copy of the sale deed or other proof of the applicant having clear title
to the land on which the house is proposed to be built along with a site plan .
iv) In cases where the applicant desires to purchase a flat an attested copy of a letter from
the seller of the flat to the effect that subject to the settlement and payment of the price,
he is in a position to hand over the vacant possession of a clearly distinguishable flat to
the applicant, within a period of two months from the date of his letter.
 (v) An undertaking from an applicant who has been allotted departmental quarters and also
wants to construct or purchase a house within the limits of Cochin Corporation including
the sub-urban area coming within 20 kilometers by the shortest route by road and or
water from his normal place of duty in the port of the effect that he / she will vacate the
Departmental quarters immediately on purchase of house or on completion of construc-
tion of the house as the case may be.

(b) The Heads of Departments will scrutinise the applications and satisfy themselves as to
the correctness of the facts stated therein. They will also examine the title deeds fur-
nished in compliance with clauses (ii) and (iii) of sub-regulation (a) of this regulations ( in
consultation with Board‟s Law Officer and the Revenue and Registration Authorities if
necessary ) to make sure that the applicant does in fact, possess a clear title to the
property in question and that the property is free from encumbrances. After this has
been done the Head of Departments will forward the applications to the Chairman along
with their recommendations.

(c) The Chairman‟s Office will examine the applications in consultation with the Financial
Adviser and Chief Accounts Officer with reference to the priorities if any, laid down for
dealing with them subject to funds being available, the applications will be returned to the
Heads of the Departments concerned indicating :-

(i) The amount of advance that may be sanctioned by the Head of Departments where it
happens to be required for purchasing a ready built house, or for repaying a loan taken
for constructing a house * or partly for purchasing a plot of land.

(ii) The monetary limit upto which the grant of an advance, could be considered in due
course, in other cases namely for constructing a new house or for increasing the living
accommodation in an existing house.

(d) On receipt of the approval of the Chairman, Cochin Port Trust.

(i) formal sanction to the grant of an advance in the case covered by sub-regulation (c) (i)
above will be accorded by the Head of the Department concerned who shall satisfy
himself in consultation with the Board‟s Law Officer ( Boards Legal Authorities where
ever necessary ) and the Revenue and Registration authorities, that the applicant does, in
fact possess a clear and marketable title to the property exclusive of title to plot of land
in the case of flats free from encumbrances and attachments. The Head of Department
shall also arrange to complete the prescribed formalities such as execution of agreement,
mortgage deed, surety bond etc, in the prescribed forms ( in consultation with the appro-
priate Legal Authorities where necessary ) and then authorise disbursement of an appro-
priate amount of the sanctioned advance to the applicant.

 Inserted w. e. f. 21-9-1987 vide Ministry Notification No. PW / PER - 35 / 85 dated 21-9-87

published in Gazette of India dated 21-9-87 under GSR 807 (E)

* Substituted vide GSR 796 (E) dt. 4-12-02 approved by Ministry‟s letter No. F.No. H-11011/5/
2000-PE-I
 * Where land or a ready built house is intended to be purchased utilising the advance, the
Head of Department may, before authorising payment of advance, also require the
employee concerned to certify that negotiations for the purchase have reached a final
stage, that the purchase price is not likely to be less than the amount of the advance
sanctioned and that he has satisfied himself that the transaction will enable him to acquire
an indesputable title to the land / house in question. In such cases the documents of title
should be examined by the Head of Department carefully ( in connection with the Boards
Law officer / Legal Advisor wherever necessary ) to ensure that the seller of the land or
ready built house has a clear and marketable tile to the property exclusive of title to plot
of land in case of flats in question. It should also be verified that the market value of the
land / house purchased is not less than the advance sanctioned.

(ii) The Head of Department shall instruct applicants desirous of constructing a new house /
flat or enlarging living accommodation in an existing house to furnish two copies of plans
as well as specifications and estimates in the prescribed proforma. The plan must be got
duly approved by the municipality or other local body concerned before submitting them
to the Chairman.

(e) The plans, specifications and estimates referred to in sub-regulation (d) (ii) above should
be referred to the Chairman with reference to the earlier correspondence on the subject.
The Chairman‟s office will, after examining all these details in consultation with the Finan-
cial Adviser and Chief Accounts Officer, inform the Head of the Department to the
maximum amount of the advance that could be granted to the applicant concerned. On
receipt of the approval of the Chairman, the Head of the Department will accord formal
sanction to the grant of the advance or if necessary amend the original sanctions issued in
cases where the advance is required. The Head of the Department shall also attend to all
formalities as explained in sub rule (d) (i) above and then authorise disbursement of the
first instalment of advance for constructing purposes to the applicant. The payment of
the remaining instalments of advance may be authorised by the Head of the Department
direct on the basis of certificates to be furnished by the applicants as prescribed in rule II
(a) and such inspections as may be deemed necessary. It should also be verified before
disbursing the last instalment of the advance that the development of the site has been
completed [ vide rule 7 (a) above ]

Note : While authorising disbursement of an instalment of an advance as prescribed in Regula-

tion II (d) or II (e) the Head of the Department will attach a certificate to the effect that
the required formalities in pursuance of which the instalment has become due, have been
complied with.

(f) The Head of Department will obtain all the requisite documents and follow the formalities
prescribed in the regulations before authorising disbursement of the advance in approved
instalments.

The Head of the Department shall also ensure that the construction of the house is com-
pleted within the period prescribed in the rules, and that :-

* Substituted vide GSR 796 (E) dt. 4-12-02 approved by Ministry‟s letter No. F.No. H-11011/5/
2000-PE-I
 * (i) In cases covered by 7 (a) (i) and 7 (a) (3) ( excepting cases involving enlargement of living
accommodation in existing houses ) the agreement in the prescribed form is duly executed by
the employee concerned, before disbursement of the first instalment of advance and that
after purchasing the land, charge by way of mortgage by deposit of title deed is created
immediately on purchase of the land or the house and premises as the case may be and the
documents kept in safe custody before drawing the second instalment of the advance.
Note : All the past cases in which charge by way of equitable mortgage by deposit of title deeds has
been created in respect of HBA sanctioned will come within the purview of this sub-clause
and the cases where mortgage deeds have been registered shall not be re-opened.
*(ii) In cases covered by Regulation 7 (a) (2) and 7 (a) (4) and in all cases involving enlargement
of living accommodation in existing houses charge by way of mortgage by deposit of title
deed should be created before drawing the first instalment of advance.
*(iii) In cases covered by Regulation 7 (a) (5) and in cases where the terms of sale of land do not
vest the title in the employee till a house is erected on the land, the agreement in the prescribed
form is to be executed and deposited with the Heads of Department before disbursement of
the sanctioned advance or any portion thereof. Immediately on purchase of the house or
immediately after vesting of the title in favour of the employee on erection of house, change by
way of mortgage by deposit of title deed is to be created within three months of the drawal of
the advance in case covered by Regulation 7 (a) (5) and in other cases falling under this sub-
regulation, within three months of the date of vesting of title in favour of the employee.
* (iv) In all the aforesaid cases, the employee shall establish his marketable title to the property in
accordance with the proceedure prescribed by Board before execution of deposit of the title
deed. In cases where the terms of sale do not vest the title to the land in favour of the
employee till a house is erected on the land, it shall be ensured before execution of the agree-
ment in the prescribed form, that the employee will be in a position to acquire a clear and
marketable title, free from all encumbrances and attachments on erection of the house.
(v) the house is insured in the manner indicated in regulation 9 (b) above immediately on its
completion / redemption and that the premium receipts are regularly produced for inspection.
(vi) the house is maintained in good repair and that the necessary insurence premia, land tax and
municipal rates and taxes are paid regularly; and the requisite certificate furnished annually
until the advance has been repaid in full.
(vii) the monthly recovery of instalments of repayment of advance commences from the due date
and is made regularly from monthly pay / leave salary / subsistence allowance bills of the
employee concerned thereafter.
(viii) in the case of employees likely to retire within 18 months of the date of their application for
the advance ( see regulation 7 (b) above ) the amount of their provident fund and gratuity will
be adequate to cover the balance of the advance outstanding against them just before the date
of their retirement and that in such cases any application for advance withdrawal from this
provident fund subsequent to the grant of house building advance under these rules, should
not be ordinarily entertained.
(ix) any amount drawn in excess of the expenditure incurred is refunded by the employee con-
cerned to the Board forthwith together with the interest if any due thereon; and
(x) the property mortgaged to the Board is released immediately on the repayment of the ad-
vance and the interest thereon in full.
(g) To enable the Chairman to watch the disbursement of the funds and the progress on the
construction of houses, each department will sent to the Secretary a consolidated quarterly
progress report ( in respect of all the Department and offices under him ) by the end of the
month following the quarter to which it relates in the prescribed proforma.

* Substituted vide GSR 796 (E) dt. 4-12-02 approved by Ministry‟s letter No. F.No. H-11011/5/
2000-PE-I
Application form for use by the employees of the Board for the grant
of an advance under the rules regulating the grant of advance to the
said employees for building etc., of houses.
_____________________________

1. (a) Name ( in block letters )

(b) Designation
(c) Scale of pay
(d) Present pay

2. (a) Office in which employed

(b) Head of the Department
(c) Office where posted

3. Please state :-
(i) Whether you are a permanent or non-permanent employee of the Board, and the length of
service in the Cochin Port Trust.
(ii) (a) Your permanent post if any, and the name of the office and the head of the department
concerned.
(b) Do you hold a permanent appointment under a state Government. If so give particulars
(iii) Date of birth and age on the next birthdary
(iv) Date on which you will attain the age of 58 years.
(v) Is your husband / wife an employee of the Board ? If so give his / her name, designation and
other particulars relating to.

4. Do you or does your wife / husband / minor child already own a house ( see rule 2 (b) ) if so please
state :-
(1) Station where it is situated with exact address
(2) Floor are ( in sq. metre )
(3) Its approximate valuation ( supporting its documents )
(4) Reasons for desiring to own another house, or enlarging living accommodation in an existing
house, as the case may be.
(5) Do your require the advance for building a house ? If so please indiacate :-

(a) 1. Approximate floor area of the house proposed to be constructed in sq. metre.
2. Estimated cost of land
3. Cost of building
4. Total
5. Amount of advance required
6. No of years in which the advance with interest is proposed to be repaid.

Note : Entries in columns 2-4- will have to be supported by specifications, estimates ( in the en-
closed forms ) and plan at the appropriate stage.
(b) Whether you are already in possession of the land ? If so, please state
1. Name of the city or town or panchayat where it is located.
2. Whether you wish to settle there after retirement.
3. Area of the plot ( in sq. meters )
4. Name of the municipal or other local authority ( if any ) in whose jurisdiction it is located.

6. Do you require the advance for enlarging living accommodation in an existing house ? if so, pleace
state :-
1. Number of rooms in the house ( excluding lavatory, bath room and kitchen )
2. Total floor area of the room ( in s.q. metre )
3. If an additional storey is proposed to be added
is the foundation strong enough ?
4. Particulars of addition desired
(a) Number of rooms
5. Floor area ( in sq. metre )
6. Estimated cost
7. Amount of advance desired
8. Number of years in which the advance with interest is proposed to be repaid.

Note : A plan of the house should accompany the application.

7 (a) Have you availed of any loan or advance for the acquisition of house or land from any other
source.
(b) Do you require the advance for repaying loan (s) taken earlier for constructing a house ? If
so, please state :-
1. Exact location of the house
2. Floor area of the house ( in sq. metre )
3. Plinth area of the house ( in sq. metre )
4. Total cost of the house ( including land )
 5. Name and address of the parties, from whom loans were taken, and the amounts outstanding
in their favour on the date of application.
6. Amount of advance required.
7. Number of years on which the advances with interest is proposed to be repaid.
8. The amount withdrawn from Provident Fund for Construction / acquisition of house / land.

Note :- A plan of the house and specification used in construction should accompany the application.
8. If the land on which the house stands, or is proposed to be constructed, free hold or
leasehold ? If leasehold, state :-
(1) The term of the lease
(2) How much of the term has already expired
(3) Whether conditions of the lease permit the land being mortgage / to Government / or to any
other person.
(4) Premium paid for the plot.
(5) Annual rental of the plot

Note :- A copy of the lease / sale deed should accompany the application.
9. (a) Is your title of the land undisputed and free from encumbrances.
(b) Can you produce, if required original documents ( sale or lease deed ) in support of your title?
if not, state reasons therefore indicating what other documentary proof, if any, you can furnish
in support of your claims ?
( see items 5 (b) 6 and 7 above )
(c) Does the locality in which the plot of land is situated, possess essential service like roads,
water supply, drainage, sewage, street lighting etc ? ( Please furnish a site plan with complete
address )
10. In case you happen to be due to retire from service within 20 years of the application do you
undertake to repay the outstanding balance of the advance by making a final ( house building )
withdrawal from your provident fund and / or authorised the Board of Trustees to adjust
the remaining balance against any gratuity that may be admissible to you,
11. is regulation 7 (b) applicable to your case ? If so state :-
(i) the name, designation, scale of pay, office / department of the permanent employee of the
Board who is willing to stand surety for you
(ii) the date on which the proposed surety is due to attain the age of 58 years.
 DECLARATION
I solemnly declare that the information furnished by me in reply to the various items indicated
above is true to the best of my knowledge and belief.
2. I have read the regulations regulating the grant of advances to the employees of the Board
for building etc., of houses, and agree to abide by the terms and conditions stipulated therein.
3. I Certify that
(i) my wife / * husband is not an employee of the Board, my wife / husband who is an
employee of the Board has not applied for and / or obtained an advance under these
regulation.
(ii) neither I nor my wife / husband has applied for and / or obtained an advance or loan
from any other Govt. source for the acquisition of a house.

Station :
Signature of the applicant
Designation
Dated : Department / Office in which employed

* Strike out the alternatives not applicable

( To be completed by the applicant‟s Head of the Deptt. )

Endt No............................................................................................. Dated................................

Forwarded to the Chairman.

The facts stated in the application have been verified and found correct. It is recommended that an
advance of Rs......................... ( Rupees.................................................................................................)
may be granted to the applicant. I have satisfied myself, on the basis of monthly deductions etc. made
from the applicant‟s salary, that this amount is well within his / her repaying capacity.
I am also satisfied that there will not be any legal disability in recovering the advance.

* Signature

Designation

Name of the Head of Department

* Name of the signing Officer should also be indicated in block letters below his signature.
 FORM No. I
To
The Chairman,
Cochin Port Trust,
Cochin - 682 009

Dear Sir,

I confirm having deposited with you at Willingdon Island in the city of Cochin on
..................................................................... the following documents with intent to create equitable
mortgage in favour of the Cochin Port Trust Rs...................................... ( Rupees ............................
.............................................................................................................) together with interest due to
the Cochin Port Trust being the amount agreed to be advanced to me for the purpose of ( Purchase of
land and construction of building / construction of building / outright purchase of a building with land /
enlarging living accommodation of existing house. )

LIST OF DOCUMENTS

1.

2.

3.

Yours faithfully,

Place : ( Designation and name

of Office to which attached )
Date :
 FORM No. I
ABSTRACT
Cost of original estimates and detailed specifications ( Based on the
details in Form No. 2 ) for grant of advance to the Port Trust
Employees for building of house.
Amount Rs...............................
Name :
Designation :
Locality and address in which the house is proposed to be constructed :
I. (a) 1. Item No.
2. Sub-Head and items of work
3. Quantity or No.
4. Rate
5. Per
6. Amount
7. Total
(b) 1. Earth Work
( Earth work excavation for foundation 100 and disposing of surplus earth etc. )
II. Concrete work
( Foundation concrete with cement or lime using stone or brick ballast or rubble either
below floors or for footings )
III. Damp proof course
( Concrete on rich cement mortar or bitumanastic compound )
IV. Roofing work
( R.C.C. Asbestos or any other type of suitable roof )
V. Reinforced cement concrete
VI. Masonry
( Brick, stone, concrete Blocks, rubble walls etc. )
VII. Wood work
( For doors and windows, wooden scantlings for roof etc. )
VIII. Steel work
( For reinforcements, holdfast, window bars etc.)
IX. Flooring
( Concrete, Stone or Marble chips etc. )
X. Finishing
( Plastering, pointing, colour or white washing, painting etc )
XI. Miscellaneous
( Like rain water pipes, Shelves, Jalies, Chulas, Pegs, Hooks for fans, etc )
XII. Sanitary Installations
( Closets, connections pipes, manholes, drains, etc. )
XIII. Water Supply
( Taps, water meters, water tanks, G.I pipes etc. )
XIV. Electricity
( Electric points, meters, connection lines etc. )
Total cost.
Signature of the Applicant
 FORM No. II
Detailed estimates for an advance to Cochin Port Employees for the building of a house (
Detailed estimate sheet to support the quantities given in Form I ).
Name :
Designation :
Office to which attached :
Locality and address in which
the house is proposed to be built :

Sl. No. Details of No. Measurements Quantity

work Length Breadth Height
1 2 3 4 5 6 7

1. EARTH WORK
1. Earthwork excavation in all soils for foundation
and other trenches and depositing the same within
one chain bed and upto 5‟-0” lift.
Front wall
Rear Varandah retaining wall
Outside wall
Common walls between rooms
W.C. front and rear
Do Side
Steps in front and rear
Total earth work
Refilling the excavated earth etc.
Continue details for all items
as given in sample form No. I
Signature of the applicant
Date...................................
 FORM No. III
Form of Agreement to be executed at the time of drawing an advance
by Cochin Port Trust Employees for Building etc. of houses vide
Regulations 7 (a)

AN AGREEMENT MADE THIS .................................................. day of .........................

Two thousand .............................................................................Between..............................
son daughter of .................................................. at present serving as ..........................................
( hereinafter called the. The horrower, which expression shall unless excluded by or repugnant to
the subject or context include his heirs, executors, representatives and administrators ) of the one
part and Board of Trustees of the Port of the Cochin ( hereinafter called the Port Trust Board
which expression shall unless excluded by or repugnant to the subject or context include his
successors in office and assigns ) of the other part. WHEREAS the borrower desires to con-
struct a house thereon or enlarge living accommodation in her / his house ........................
......................................................................................................................................... *
repay a loan taken by the mortgagor for construction described in the schedule hereto annexed
and WHEREAS the Borrower has under the provision of the rules framed by the Port Trust
Board to regulate the grant of advance to Cochin Port Trust Employees for building etc, of houses
and issued with the Cochin Port Trust in their letter No.......................... ................... dated
................................. ( hereinafter referred to as the „said rules‟ which expression shall, where
to context so admits, include any amendment thereof or addition thereto for the time being in
force) applied to the Board of Trustees for an advance of Rupees ............................................
and the Port Trust Board has sanctioned an advance of Rupees .................................................
to the Borrower vide the office order No.................................... dated .........................................
a copy of which is annexed to this presents for the purpose aforesaid on the terms and conditions
set forth therein NOW IT IS HEREBY AGREED by and between the parties hereto that in
consideration of the sum of Rupees................................................................................ paid /
to be paid by the Board of Trustees to the Borrower hereby agrees with the Board of Trustees.
(i) to repay to the Board of Trustees the said amount with interest calculated in accor-
dance with the said rules for the time being in force by monthly instalments of Rupees .................
................................. to be deducted from his pay as provided for by the said rules from the
month of .......................................................two thousand.........................................................
and the Borrower hereby authorises the Board of Trustees to make such deductions from his
monthly pay / leave salary / subsistence allowance bills.
(2) * (a) within three months from the date of the receipt of the aforesaid advance of
Rs................................................. ( Rupees ......................................................................)
to expend the aforesaid amout * ( in the repayment of the loan taken by the borrower ) for
constructing and to complete the acquisition, redemption of the said house and mortgage it to the
Board of Trustees failing which the borrower shall refund the advance together with interest to the
Board of Trustees forthwith unless an extension of time is granted by the Board of Trustees.
* mention what ever is applicable
* (b) to complete construction of the said house within eighteen months of ...........................
............................................................. strictly in accordance with the approved plan and speci-
fications on the basis of which the amount of advance has been computed and sanctioned or within
such extended period as may be laid down by the Board of Trustees.

(3) If the actual amount paid for redemption of the house is less than the amount received
under these presents by the Borrower to repay the difference to the Board of Trustees forthwith.

(4) To execute a document mortgaging the said house / land along with the house to be built
thereon on the Board of Trustees as security for the amount advanced to the borrower under these
presents as also for the interest payable for the said amount in the form provided by the said rules.

(5) And it is hereby further agreed and declared that ( if the house is not redeemed and
mortgaged within 3 months of the drawal of the advance ) or if the borrower fails to complete the
construction of the said house as herein before agreed, or if the borrower becomes insolvent or
quits the service of the Cochin Port Trust or dies, the whole amount of the advance together with
the interest accruing thereon shall immediately become due and payable to the Board of Trustees.

(6) And it is hereby lastly agreed and declared that the Board of Trustees shall be entitled to
recover the balance of the said advance with interest remaining unpaid at the time of his retirement
or death preceding retirement from the whole or any specified part of the gratuity that may be
sanctioned to him.

(7) Without prejudice to any other right of the Board of Trustees in that behalf, if any amount
becomes refundable or payable by the borrower to the Board of Trustees the Board of Trustees
will be entitled to recover the same by deducting from his pay such amounts as it shall deem
reasonable.

In witness where of the Mortgagor has hereunto set his hand and the Board of Trustees has
caused Shri............................................................................. in the office of ..........................
................................................... for and on his behalf to set his hand hereunto

The Schedule above referred to

Signed by the said Borrower in the presence of

.....................................................
( Signature of the Borrower )
Ist witness
Address
Occupation

** not applicable when the advance is taken under Rules.

IInd witness
Address
Occupation
Signed by Shri
in the office of
for and on behalf of the Board of Trustees of the
Port of Cochin in the presence of :
Ist witness
Address
Occupation
IInd witness
Address
Occupation

FORM No. IV
Rules to regulate the grant of Advance to Cochin Port Employees for
building etc. of houses
SURETY BOND / VIDE REGULATION 7 (b) KNOW ALL MEN BY THESE
PRESENTS THAT
I............................................................................................................................ ....................
son of..................................................resident of..............................................in the District
of....................................................................................................a t present employed as a
permanent.................................................................................................in the ( hereinafter
called “the surety” ) am hold and firmly bound unto the Board of Trustees of the Port of Cochin
( hereinafter called “Board of Trustees” which expression shall unless excluded by or repugnant to
the subject or context include his successors in office and assigns ) in the sum of Rs...................
( Rupees.................................................................................. . only ) to be paid to the Board
of Trustees FOR WHICH PAYMENT TO be well and trully made I hereby bind myself, my
heirs, executors, administrators, and representatives firmly by these presents. As witness my
hand this ................................................................... day of ....................................... one
thousand nine hundred and ..................................................................................................
WHEREAS ........................................................ son of .........................................
a resident of
......................................................................................................................... in the
District of ....................................................................................................... at present
employed as Temporary / Permanent .......................................................................................
in the .............................................................................. ( hereinafter called “ the Borrower”
)
*( but is due to retire on ........................................................) applied to the Cochin Port Trust
Board for an advance of Rs....................................... for the purpose of constructing a new
house or enlarging living accommodation in an existing house repayment of earlier loan (s) taken
for construction and where as the Board of Trustees sanctioned the payment of Rs...........................
( Rupees ................................................. only ) under the Rules framed by the Board of Trust-
ees to regulate the grant of advance to the Cochin Port Trust Employees for building etc. of houses
issued by the Board of Trustees.
AND WHEREAS THE Borrower has undertaken to repay the said amount in ......................
.................................................................... monthly instalments AND WHEREAS the bor-
rower has further undertaken to Mortgage the house built / redeemed with the help of the said
amount and to observe the provisions of the said Rules. AND WHEREAS in consideration of
the Board of Trustees having agreed to grant to aforesaid advance to the borrower the Surety has
agreed to execute the above bond with such conditions as hereunder is written.
NOW THE CONDITION OF THE OBLIGATION is such that if the Borrower shall while
employed in the said or any other office ............................................ duly and regularly pay or
cause to be paid to the Board of Trustees the amount of the aforesaid advance owing to the Board
of Trustees by instalments until the said sum of Rs........................... ( Rupees..........................
...............................................only ) shall be duly paid or mortgages to the Board of Trustees
the house built / redeemed referred to above whichever event happens earlier, then this bond shall
be void, otherwise the same shall be remain in full force and virtue, BUT SO NEVERTHELESS
that if the Borrower shall die or become insolvent or at any time cease to be in the service of the
Board of Trustees the whole or so much of the said prinicipal sum of Rs.....................................
( Rupees................................................................................................onl y ) together with the
interest as shall then remain unpaid shall immediately become due and payable to the Board of
Trustees and recoverable from the Surety in one instalment by virtue of this bond.
The obligation undertaken by the Surety shall not be discharged / or in any way affected by an
extension of time or any other indulgence granted by the Board to the said Borrower, Signed and
Delivered by the ....................................................................................................................
at
day of...................................... 20 Signature of the Surety
Designation
Signature, and address and Office to which attached
In the presence of
occupation of the witness (i)
(ii)
Signed by Shri.................................................................................... . in the office for and on
behalf of the Board of Trustees of the Port of Cochin in the presence of
Ist witness
Address
Occupation
IInd witness
Address
Occupation

* Strike out if not required.

 FORM No. V
Rules to regulate the grant of Advance to Cochin Port Trust
Employees for buildling etc. of houses
Form of Reconveyance for House Building Advance vide Rule 10 (d)
THIS DEED OF RECONVEYANCE IS MADE THE ....................................................
.................................................................................day ................................................... between
the Board of Trustees of the Port of Cochin ( hereinafter called the mortgage which expression shall
unless excluded by or repugnant to the subject or context include his successors office and assigns ) of
the one part and ........................................................ of ( herein after called the mortgagor which
expression shall unless excluded by or repugnant to the subject or context include his / her heirs,
executors, administrators and assigns ) of the other part.
WHEAREAS by an indenture of mortgage, dated the .........................................................
................................................... of ...................................... 20.............................and made be-
tween the mortgagor of the one part and the Mortgagee of the other part and registered at
.......................................................... in Book...................................................................... volume
......................................... pages .............................................to...................................
.................................................. as No..... ............................................... for ( hereinafter called the
PRINCIPAL INDENTURE ), the Mortgagor by the said Principal Indenture mortgaged the property
at ......................................... and more particularly described in the Schedule hereunder written to the
Mortgagee to secure an advance of Rs.............................................. made by the Mortgagor.
AND WHEREAS ALL MONEY due and owning on the security of the PRINCIPAL INDEN-
TURE have been fully paid and satisfied and the mortgagee has accordingly at the request of the
Mortgagor agreed to execute a reconveyance of the Mortgaged premises as in hereinafter contained
NOW THIS INDENTURE WITNESS that the pursuance of the said agreement and in consideration
of the premises the Mortgagee do hereby grant assign and reconveyance unto the Mortgagor, ALL
THAT THE piece of land situated and comprised in the said Principal indenture and more particularly
described in the Schedule herein under written with their rights easements and appurtences as in the
PRINCIPAL INDENTURE expressed and all the estates right title interest property claim and de-
mand whatsoever of the Mortgagee into out of or upon the said premises by virtue of the PRINCIPAL
INDENTURE to have and to hold the premises herein before expressed to be hereby granted as-
signed and reconveyed unto and to the use of the Mortgagor, for ever freed and discharged from all
moneys intended to be secured by the said principal indenture and from all actions, suits, accounts
claims and demands for, or in respect of the said moneys, or any part thereof, or for or in respect of the
PRINCIPAL INDENTURE OR of anything relating to the premises AND THE MORTGAGEE
hereby conveys with the MORTGAGOR that the Mortgagee has not done or knowingly suffered or
been partly or privy to anything whereby the said premises or any part thereof, are / its or can be
impeached, incumbered or affected in title estate of otherwise however in witness whereof the Mort-
gagor has hereunto set his hand the Board of Trustees has caused Shri
in the office of
for and on his behalf to set his hand hereunto
SCHEDULE ABOVE REFERRED TO
Signed by for
and on behalf of the Mortgagee in the presence of
( No. A / 572 / 62, dt. 3-8-1971 )
Approved vide ministry‟s letter No. 6- PE (10) / 67 dated 12-7-1971.
( Published in the Kerala Gazette dt. 14-9-1971 )
 THE CLASS I OFFICERS OF THE COCHIN PORT
TRUST ( ACCEPTANCE OF EMPLOYMENT AFTER
RETIREMENT ) REGULATIONS, 1973
In exercise of the powers conferred by section 28 of the Major Port Trusts Act, 1963 ( 38 of
1963 ), the Cochin Port Trusts Board hereinby makes, with the approval of the Central Government,
the following regulations, the same having been previously published as required under sub-section
(2) of section 124 of the Major Port Trusts Acts, 1963, namely:-
Regulations for grant of permission to Class I officers of the Cochin Port Trust for accep
tance of employment after retirement.
1.Short Title, commencement and application :-
(a) These regulations may be called the Class I Officers of the Cochin Port Trust ( Accep-
tance of employment after Retirement ) Regulations, 1973.
(b) These shall come into force on the date of their publication in the official Gazette.
(c) These shall apply to all Officers of the Board who hold class I posts immediately before
retirement and who retire on or after the coming into force of these regulations.
2.Definitions:-
In these regulations, unless the context otherwise requires:
(a) „Board‟ and „Chairman‟ shall have the same meaning as assigned to them in the
Major Port Trusts Act, 1963.
* (b) „Competant Authority‟ shall mean the Chairman for the purpose of these regulations
(c) „Officer‟ means a Class I Officer of the Board.
(d) „Class I post‟ shall mean the posts carrying a scale of pay the maximum of which is
more than Rs.1930 /- in-terms of pay scales approved vide MOST‟s letter No. PW /
PEO-2 / 84 dated 1-2-84 or as may be revised from time to time.
3.Permission for employment within in India:
(a) No person who has held a Class I Post under the Board immediately before retirement
( whether governed by Pension or Contributory Provident Fund Scheme ) shall accept any
employment within India including an employment as Contractor for or in connection with
the execution of public works or as an employee of such Contractor before the expiry of two
years from the date of retirement without obtaining the previous permission of the competant
authority.
(2) Officers whether governed by Pension or Contributory Provident Fund Scheme shall be
required to sign, at the time of sanctioning the retirement benefits, an undertaking that they
shall not seek employment within two years of retirement without obtaining the previous per-
mission of the competent authority and that they will be bound by the provisions of these
regulations.
(3) In default, an Officer.
(a) If governed by the Pension Scheme, shall be liable to forfeit his pension to the extent the
competent authority may decide; and
(b) If governed by the Contributory Provident Fund Scheme, shall be liable to compensate the
Trust to the extent the competent authority may decide for not honouring the undertaking
made to the contrary;
* (3 A) No case shall be regulated under Sub-regulation (3) without giving the officer concerned a
reasonable opportunity to represent against the action proposed.
Provided that an Officer permitted by the competent authority to take up such an employ-
ment during his leave preparatory to retirement shall not be reqired to obtain fresh permission
on retirement of the continuance therein.
* Substituted with effect from 14-12-76
* Inserted with effect from 5-7-1977
 (4) ( The application for permission to take up employment within two years of retire
ment ) shall be made in the form given in the Annexure.

4.Permission for employment outside India:

(1) No person ( whether governed by Pension of contributory Provident Fund Scheme )
who has held a Class I post the Board immediately before his retirement shall accept any
employment under a foreign government or employment outside India without obtaining
the previous permission of the competent authority. Provided that an Officer permitted
by the competent authority to take up such an employment during his leave preparatory
to retirement shall not be required to obtain fresh permission on retirement for the con-
tinuance therein. Provided further that the employment under a foreign government
shall include employment under a local authority or corporate or any other institution or
organisation which functions under the control and / or supervision of a foreign govern-
ment.
(2) The person shall be required to sign an undertaking to this effect at the time of
sanctioned retirement benefits.
(3) In default, an officer.
(a) If governed by the pension Scheme, shall be liable to forfeit his pension to the extent the
competent authority may decide ; and
(b) If governed by the Contributory Provident Fund Scheme, shall be liable to compensate
the Trust to the extent the competent authority may decide for not honouring the
undertaaking made to the contrary.
(3 A) No case shall be regulated under sub-regulation (3) without giving the officer con-
cerned a reasonable opportunity to represent against the action proposed.

5. Permission necessary in respect of Temporary Officers:

Permission for acceptance of employment after retirement will be necessary even in the case
of an officer who immediately before retirement held a Class I Post in an officiating or temporary
capacity. .

6. Conditions for grant or refusal of permission:

In granting or refusing permission under regulation 3 or 4 or 5 to an officer for taking up any
employment, the Chairman shall have regard to the following factors, namely-
(1) The nature of employment proposed to be taken up and the anticedents of the em-
ployer;
(2) Whether his duties in the employment which he proposes to take up might be such as to
bring him into conflict with the Board;
(3) Whether the officer while in service had any such dealing with the employer under whom
he proposes to seek employment as it might afford a reasonable basis for the suspicion
that such officer had shown favours to such employer.
 (4) Whether the duties of the employment proposed involve liaison or Contract work with
the Board;
(5) Whether his duties will be such that his previous official position or knowledge or expe-
rience under the Board could be used to give the proposed employer an unfair advan-
tage;
(6) The emoluments offered by the proposed employer, and
(7) Any other relevant factor.

7.Appeal
When the Chairman grants the permission, applied for subject to any conditions or refuse
such permission the officer may, within thirty days of receipt of the order of the Chairman to that
effect, make a representation to the Central Government against any such conditions or the refusal
and the Government may make such orders thereon as it deems fit,
Provided that no order other than an order cancelling such condition or granting such permis-
sion without any conditions shall be made under this sub-regulation without giving the Officer
making the representation an opportunity to show cause against the order proposed to be made.

8.Reckoning of two years period

The period of two years for the purpose of these regulations shall, in the case of an Officer
who is re-employed after retirement without a break in the same or another Class I post, be
reckoned from the date from which he finally quits the Board‟s service

FOOT NOTE:The principal Regulations were approved by the Government of India vide Ministry‟s
letter No, PEX-8 / 74 dated 26-2-74 and republished in the Gazette of Kerala
vide Notification No.P / 78 / 69 dated 9-3-74.The Regulations were subsequently
amended vide (1) Ministry‟s letter No. PEX-75 / 76 dated 9-11-76 and
re-published in the Gazette of Kerala vide Notification No. P2 / 6047 / 76
dated 14-12-1976.
(2) Cochin Port Trust‟s Notification No, P2 / 4634 / 76 dated 21-6-77 republished
in the Gazette of Kerala dated 5-7-77.
 ANNEXURE
Form of application for permission to accept
employment within a period of two years after retirement
1. Name of the Officer
( in block letters )
2. Date of retirement
3. Particulars of the Department in which
the officer served during the last five
years preceding retirement ( with duration )
--------------------------------------------------------------------------------------------- -
Duration
Name of the department Post held ------------------------
From To
-----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------
4. Post held at the time of retirement
and period for which held
5. Pay scale of the post and the pay
drawn by the officer at the time of
retirement
6. Retirement benefits:
(i) If governed by the contributory
provident Fund Scheme:
(a) Amount of special contribution:
(b) Amount of Trust‟s contribution:
(c) Amonut of any other contribution:
(ii) If governed by the Pension Scheme:
(a) Pension expected / sanctioned ( communication,
If any, should be mentioned )
(b) Gratuity, if any
7. Details regarding employment proposed to be taken up :
(a) Name of the firm / company / co-operative
society etc.
(b) Whether the official had during his
official career any dealings with the
firm / company etc.,
(c) Duration or nature of the official
dealings with the firm / company etc.,
Contd......
 ANNEXURE
--: 2 :--
(d) Name of job / post offered :
(e) Whether post was advertised,
If not, how was offer made
(f) Description of the duties of
the job / post
(g) Does it involve liaison / contract
work with Cochin Port Trust.
(h) Remuneration offered for the post / job
8. Any information which the applicant
desires to furnish in support of his request

Station :
Date : Signature of the Officer

( No. P / 78 / 69, dt. 9-3-1974 )

( Published in the Keral Gazette, dt. 26-3-74 )

............................
 THE COCHIN PORT EMPLOYEES ( RETIREMENT )
REGULATIONS, 1977
Approved vide Ministry of Shipping & Transport Notification No. PEX-48 / 77 dated
23-5-1978 and published in Part II Section III sub-section I of Gazette of India dated 10-6-1978
under GSR No. 750.
1. Short title, commencement and application :-
(a) These regulations may be called The Cochin Port Employees ( Retirement ) Regulations,
1977.
(b) They shall come into force on the date of their publication in the official Gazette.
*(c) These Regulations shall apply to all employees of the Board.
2. Definitions :-
In these regulations unless the context otherwise requires, (i) „Board‟ and „Chairman‟ shall
have the meanings assigned to them under the Major Port Trusts Act, 1963.
** (i) Class I, Class II, Class III and Class IV posts shall have the meanings respectively
assigned to them as under.
Class I Posts i.e., posts carrying a scale of pay the maximum of which is more than Rs. 1930/ - in
terms of the pay scales approved vide Ministry of Surface Transport‟s letter No. PW / PEO-
2 / 84 dated 1-2-84 or as may be revised from time to time.
Class II posts i.e., posts carrying a scale of pay the maximum of which is not more than
Rs. 1930/- in terms of the pay scales approved vide MOST‟S letter No. PW / PEO-2 / 84
dated 1-2-84 or as may be revised from time to time.
Class III posts i.e., posts carrying a scale of pay the maximum of which is more than
Rs. 1580/- but not more than Rs.2800/- in terms of the pay scales approved videMOST‟S
letter No. LB-12011/1/86- R.O.( Vol-II )Dated 3.8.89 or as may be revised from time to time.
Class IV posts i.e., posts carrying a scale of pay the maximum of which is not more than
Rs. 1580/- in terms of the pay scales approved vide MOST‟S letter No. LB-12011 / 1 / 86 -
R.O. ( vol. II ) dated 3--8-89 or as may be revised from time to time.
(iii) „Employee‟ means an employee of the Board.
***3. Age of Retirement :-
(a) Except as otherwise provided in these regulations, every employee other than those re-
ferred to in clause (b) shall retire from service on the afternoon of the last day of the
month in which he attains the age of 58 years.

* Substituted vide Notification No. PR-12012 / 15 / 90 - PEI dated 13-7-1990 published in

the Gazette of India under GSR 634 (E).
** Substituted vide ministry‟s Notification No. 12016 / 14 / 98 - PE-I published in the Gazette of
India under GSR 281 (E) dated 29-5-98.
*** The amendments inserted vide Ministry Notification No. PR-12016 / 14 / 98 -PE-I published
in the Gazette of India under GSR 281 / (E) dated 29-5-98 was deleted and Substituted GSR
22 (E) dt. 12-1-01 vide Ministry‟s Notification No. PR-12016 / 55 / 2000-PE-I
 (b) A workman / an employee in Class IV service or post, who entered Board‟s Service before
21-7-1972 shall retire from service on the afternoon of the last day of the month in which he attains the
age of 60 years
NOTE : (i) In this clause, „a workman‟ means highly skilled, skilled, semi-skilled, or unskilled artisan
employed on a monthly rate of pay in the industrial establishment.
NOTE : (2) An employee whose date of birth is the first of a month, shall retire from service on the
afternoon of the last day of the preceeding month on attaining the age of 58 years or 60
years, as the case may be
*4. Extension of service / re-employment after retirement :-
No employee shall be granted extension in service beyond the age of superannuation.
Provided that a specialist in Medical or Scientific fields, may , in the interests of the Board, be
granted extension of service by the Chairman upto the age of 60 years if such extension is in public
interest and the grounds for such extension are recorded in writing.
Provided further that the appropriate authority shall have the right to terminate the extension
of service before the expiry of such extension by giving a notice in writing of not less than 3 months
in the case of a permanent or a quasi-permanent employee, or of one month in the case of a
temporary employee, or payand allowance in lieu of such notice.
5. Compulsory retirement before attaining the age of super-
annuation :-
Notwithstanding anything contained in these regulation, the Chairman shall, if he is of the
opinion that it is in the Board‟s and / or public interest to do so have the absolute right to retire any
employee at any time by giving him notice of not less than 3 months in writing or by giving 3
month‟s pay and allowance in lieu of such notice:-
(a) after he has attained the age of -
(i) 50 years if he is in Class I or Class II service or post and had entered Board‟s service
before attaining the age of 35 years and
(ii) 55 years in any other case.
OR
(b) after he has completed -
(i) 30 years of qualifying service in respect of employees who are governed by any pension
rules / regulations and
(ii) 30 years of service in respect of Class III employees who are not governed by any
pension rules / regulations of the Cochin Port Trust.
NOTE :-
To determine if the retention of an employee in service beyond the age service as the case
may be prescribed in this regulation shall be in the interest of the Board reviews will be
made in accordance with the procedure laid down by the Chairman from time to time
with the approval of the Central Government.

* The amendments inserted vide Ministry Notification No. PR-12016 / 14 / 98 -PE-I published
int he Gazette of India under GSR 281 / (E) dated 29-5-98 was deleted and Substituted GSR
22 (E) dt. 12-1-01 vide Ministry‟s Notification No. PR-12016 / 55 / 2000-PE-I
6. Voluntary retirement before attaining the age of superan-
nuation :-
An employee may, by giving notice of not less than 3 months in writing, retire from the service
of the Board -

(a) after he has attained the age of -

(i) 50 years if he is in Class I or Class II service or post and had entered Board‟s service
before attaining the age of 35 years and

(ii) 55 years in any other case.

OR

(b) after he has completed -

(i) 30 years of qualifying service in respect of employees who are governed by any pension
rules / regulations and

(ii) 30 years of service in respect of Class III employees who are not governed by any
pension rules / regulations of the Cochin Port Trust.

NOTE :- 1. It shall be open to the Chairman to with - hold permission to an employee who
is under suspension and who seeks to retire under this regulation.

NOTE :- 2. 3 months notice referred to in regulations 5 and 6 above may be given before the
employee attains the age or completes the number of years of service specified
therein provided that the actual retirement takes place after he has attained the age
or has completed the prescribed number of years of service as the case may be.
 ANNEXURE
Criteria and procedure for grant of extension of services / re-employment to employees
beyond the age of superannuation

1) No proposal for extension of service / re-employment beyond the age of superannuation

should ordinarily be considered.

2) Extension of service / re-employment shall be justified only in very rare and exceptional
circumstances. Even in such cases, 60 years shall be the dead line for non-scientific /
nontechnical personnel and 62 years in the case of scientific / technical personnel. The
overriding consideration for the grant of extension of service / re-employment shall be
that it should be clearly in the Board‟s interest and in addition should satisfy one of the
following two conditions.

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

ii) that the retiring employee is of outstanding merit

3) No extension of service / re-employment shall be considered on the ground that a

suitable successor is not available unless it is established that action to select a successor
had been taken well in advance but the selection could not be finalised in time for
justifiable reasons.
Procedure For Review Contemplated Under The Note below Regula-
tion 5 of the Cochin Port Employees ( Retirement ) Regulations, 1977

1. Cases of employees in Class I and Class II service or post who had entered Board‟s
service before attaining the age of 35 years shall be reviewed six months before they attain the
age of 50 years or complete 30 years of qualifying service, whichever occurs earlier.

In the case of any other employees, the review shall be made six months before he attains the
age of 55 years or completes 30 years of qualifying service or 30 years of service in respect of
Class III employees who are not governed by any pension Rules, whichever occurs earlier.

NOTE : The Committee however, reserve the right to review the case of any employee in Class
I and II service or post again at any time thereafter till his superannuation.

2. The review aforesaid shall be made by the Committee constituted for the purpose the
composition of which will be as follows:

Classification Composition
Class 1 & II employees Deputy Chairman as Chairman. Head of the
Deptt. concerned and another Head of the
Deptt. to be nominated by the Chairman as
members
Class III & IV employees Head of the Department. concerned as Chair-
man. Divisional Officer concerned or senior
most Officer under the Head of Department
and another Class I Officer to be nominated
by the Chairman as members.

When reviewing cases of Scheduled Caste and / or Scheduled Tribe employees, the commit-
tees concerned will have an Officer from the Sch. Caste or Sch. Tribe community, whom the
Chairman may nominate.

Provided that if the committees constituted as above already include in the normal course an
Officer from the Sch. Caste or Sch. Tribe community, further nomination of an Officer represent-
ing these communities is not required.

3. The review shall be made in accordance with the following procedure.

(a) Employees whose integrity is doubtful shall be retired.

(b) Employees, who are found to be ineffective shall also be retired. The basis
consideration in identifying such employees should be the fitness / competence of
the employee to continue in the post which he is holding. If he is not found fit to
continue in his present post, his fitness / competence to continue in the lower post,
from where he had been previously promoted, should be considered .
 (c) While the entire service record of an employee should be considered at the time of re-
view, no employee should ordinarly be retired on grounds of ineffectiveness if his service
during the preceeding 5 years, or where he has been promoted to a higher post during
that 5 years period, his service in the higher post, has been found satisfactory.
(d) No employee should ordinarly be retired on ground of ineffectiveness, if, in any event, he
would be retiring on superannuation within a period of one year from the date of consid-
eration of his case.

4. The provision for premature retirement should not be used :-

(i) to retire an employee on grounds of specific acts of misconduct, or misdemeanour as
a short-cut to initiating formal disciplinary proceeding; or
(ii) for reduction of surplus staff or as a measure of effecting general economy, without
following the rules and instructions relating to retrenchment.

5. The committee after review of the cases shall forward the paper with its findings to the
Chairman of the Board for necessary action as per provision in regulation 5 of the Cochin Port
Employees ( Retirement ) Regulations, 1977. In every case, where it is proposed to retire an
employee in exercise of the powers conferred by the said regulations, the Chairman of the Board
should record in the file that he has formed his opinion that it is necessary to retire the employee in
pursuance of the aforesaid regulations in the Board‟s and or publilc interest.
6. (i) In case the Chairman of the Board, after the relevant review, comes to the conclusion
that the employee is not fit for being retained in the present post, but could be retained in the next
lower post from which he was promoted, a notice in the prescribed form should be served in such
a case on the employee retiring him from service in pursuance of the provisions of the relevant
regulation. Simultaneously, it may be explained to him in a covering letter that his continuance for
service beyond the age of 50 / 55 years or after the completion of 30 years of service / 30 years
qualifying service, as the case may be, could be considered, if he is willing to be reverted to the
lower post held by him previously in case he indicates his willingness to work in the lower post
and gives a written request for being so reverted, the notice may be withdrawn and he may be
reverted and continued in the lower post.
(ii) The employees who seek revertion to lower posts in lieu of premature retirement
should be made eligible for consideration for promotion only after they have put in a
period of two years in the lower Post after such reversion. The promotion will not
be automatic but such employee could be considered for promotion alongwith oth-
ers in accordance with the normal rules, by the Departmental Promotion Committee
on the basis of subsequent records in the lower post.
7. Once a decision has been taken by the Chairman of the Board to retain an employee
beyond the, age of 50 years in the case of employees referred to in clause (a) (i) of the said
regulation 5, or beyond the age of 55 years in the case of others or beyond the date of completion
of 30 years service under regulation 5 (b) (ii) or 30 years of qualifying service for pension under
regulation 5 (b) (i) of the Cochin Port Employees ( Retirement ) Regulations, 1977, he would
ordinarily continue in service till he attains the age of retirement. If however, the Chairman of the
Board considers at any time after a review aforesaid that the retention of the employee will not be
in the Board‟s and / or public interest he may take necessary action to retire the employees by
following the procedure laid down herein.
 8. When the Chairman of the Board has come to the conclusion that the employee may be
prematurely retired, the 3 months notice referred to in the said regulation 5 may be given before
the employee attains, the specified age or has completed 30 years of service as the case may be.
But the retirement should take place after the employee has attained the relevant age or has com-
pleted 30 years of service, as the case may be. A notice even longer than 3 months or before the
employee attains the age of 50 / 55 years / completing 30 years of service could be given; but the
date from which he is required to retire as specified in the notice should be before he attains the
age of 50 / 55 years or completes 30 years of service, as the case may be. Similarly, in cases of
retirement under clause (h)(i) of the said Regln.5, while the notice of such retirement could be
given before the employee actually completes 30 years of service qualifying for pension, the date
of expiry of the notice on which the employee‟s retirement would be effective should be one falling
on or after the date of his completing 30 years service qualifying for pension.

9. While computing the notice period of not less than three months referred to in the said
regulation 5, the date of service of the notice and date of its expiry shall be excluded the date of
premature retirement of the employees should be on the forenoon of the day ( which should be
treated as a non-working day ) following the day of expiry of the notice.

10. The notice of retirement served on an employee in pursuance of the said regulation 5 will
be as in the forms attached hereto. While form I may be used to serve the notice of retirement in
a case where the employee has already attained the age of 50 / 55 years or completed 30 years of
qualifying service / 30 years of service, as the case may be, form II may be used in a case where
it is decided to serve the notice of retirement before the employee actually attains the age of 50 /
55 years or completes 30 years of qualifying service / 30 years of service as the case may be.
The proforma for ordering retirement in the Board‟s and / or public interest forthwith under the
said regulation 5 where it is decided to dispence with the three month‟s notice will be as in form III.

11. In a case where an employee refuses to accept the service of notice of retirement or order of
retirement along with cheque / cash equivalent to three months pay and allowances, it should be en-
sured that the refusal of the employee is witnessed by two officers, either in Class I or Class II posts. In
such a case, a copy of the notice / order of retirement may be sent under registered post with
acknowledgement due to the individual concerned at the last officially known address with a covering
letter,stating that the original notice / order of retirement was taken by such and such for delivery to him
/ her on such and such date and that he / she refused to accept the same and in the said circumstances,
its copy is being sent by registered post for his / her record . In such a case, the date of effect of the
notice of retirement / order of retirement would be from the forenoon of the date following the date of
refusal by the individual ( witnessed by two officers, either in Class I or Class III posts ) where the
person concerned has refused to accept the cheque / cash equivalent of three months pay and allow-
ances, the same procedure that followed in case where an employee has failed to accept his / her dues
from the Board may be followed, in so far as its disbursement is concerned.
PROCEDURE FOR DEALING WITH REPRESENTATIONS AGAINST
NOTICE ORDER OF PREMATURE RETIREMENT.
Representaions against a notice / order of premature retirement received from an employee after a
period of three weeks from the date of service of such notice or order shall not ordinarily be
entertained.
 2. On receipt of a representation, the Port‟s Secretariat should examine the same to see
whether it contains any new fact or any new aspect of fact already known but which was not
taken into account at the time of issue of notice / order of premature retirement. The examination
should be completed, as far as possible, within two weeks from the date of receipt of represen-
tation. After such examination, the case should be submitted to the Committee constituted for the
purpose for consideration. The composition of this committee shall be as follows :

Classification Composition
Class 1 & II employees Deputy Chairman as Chairman and 2 Head of
Departments other than the officer included in
the Committee which considered the case for
premature retirement to be nominated by the
Chairman as members. Final orders shall be
passed by the Chairman of the Board in con-
sideration of the report of the Committee.
Class III & IV employees Same committee which earlier considered the
case of the employee representing against his
premature retirement with the modification that
it should also include another senior Class I
Officer ( to be nominated by the Chairman )
who was not in the said Committee earlier. Final
orders shall be passed by the Chairman of the
Board in consideration of the Report of the
committee.

When dealing with cases of representations from Sch. Cast and / or Sch. Tribe employees,
the Committees concerned will have an officer from the Scheduled caste or Sch. Tribe community
whom the Chairman may nominate.

Provided that if the Committees constituted as above already include in the normal course an
officer from the Sch. Caste or Sch. Tribe community, further nomination of an officer representing
these communities is not required.

3. The Committee considerding the representation should make its recommendations on the
representation as far as possible, within two weeks from the date of receipt of the representation
by it from the Port‟s secretariat. The Chairman of the Board shall pass his final orders, as far as
possible, within two week from the date of receipt of the recommendations of the Committee on
the representation.

4. If in any case, it is decided to re-instate a prematurely retired employee in service after

considering his representation the period intervening between the date of premature retirement
and the date of re-instatement shall be regulated by the authority ordering re-instatement as duty,
or as leave or as dies-non, as the case may be, taking into account the merits of each case.
 5. In the case of employees who had been prematurely retired on grounds of inefficiency
and by the time the Committee to consider the representation agaist such premature retirement
comes to the conclusion that premature retirement was unjustified, the date of superannuation has
already been passed or arrived, the authority empowared to pass final orders, may at his discrection,
re-instate the superannuated employees notionally with effect from the date of compulsory retire-
ment and treat the period upto the date of superannuation, as duty, leave or dies-non, as may be
considered appropriate.

6. Representations from employees who have been served with a notice / order of prema-
ture retirement, but have obtained stay order (s) from a Court against the order / notice of prema-
ture retirement, need not be considered by the Secretariat nor submitted to the Committee until
the disposal of the Court case. Thereafter the cases may be examined as outlined above but also
taking into account any material of a substantive nature that may feature in the Court Judgement.
 ORDER Form I
WHEREAS the Chairman of the Board is of the opinion that it is in the Board‟s and / or
public interest to do so:

Now, THEREFORE in exercise of the powers conferred by clause * ......................... of

regulation 5 of the Cochin Port Employees ( Retirement ) Regulations, 1977 the Chairman of the
Board hereby gives notice to ......................................................................................( name )
...................................................................... ( designation )
............................................... that he, having already attained the age of fifty / fifty five years
or having completed thirty years of service qualifying for pension on the
..................................................... 20 shall retire from service on the forenoon of **
....................................................... on the forenoon of the
day following the date of expiry of three months computed from the date following the date of
service of this notice on him.

( Signature )
Chairman on the Board.

To.

Shri / Smt .............................................

.............................................................

ACKNOWLEDGEMENT

I .......................................................... now holding the post of ................................

......................................................... hereby acknowledge the receipt of the original notice of
the order of retirement as aforesaid.

Coutersigned Sd /-

Name
Designation Designation
Place Place
Date Date

* Here state (a) (i) or (ii) or (b) (i) or (ii) as the case may be.

** The date following the date on which he attains the age of 50 / 55 years completes 30
years of service / thirty years of service qualifying for pension.
 ORDER Form II
WHEREAS the Chairman of the Board is of the opinion that it is in the Board‟s and / or
public interest to do so:

Now THEREFORE in exercise of the powers conferred by clause * ......................... of

regulation 5 of the Cochin Port Employees ( Retirement ) Regulations, 1977 the Chairman of the
Board hereby gives notice to Shri................................................................................( name )
...................................................................... ( designation )
............................................... that he, on attained the age of fifty / fifty five years or on
completed thirty years of service or thirty years of service qualifying for pension on the
..................................................... 20 , shall retire from service on the forenoon of **
....................................................... on the forenoon
of the day following the date of expiry of three months computed from the date following the date
of service of this notice on him whichever is later

( Signature )
Chairman of the Board.

To.

Shri / Smt .............................................

.............................................................

ACKNOWLEDGEMENT

I .......................................................... now holding the post of ................................

......................................................... hereby acknowledge the receipt of the original notice of
the order of retirement as aforesaid.

Coutersigned Sd /-

Name
Designation Designation
Place Place
Date Date

* Here state (a) (i) or (ii) or (b) (i) or (ii) as the case may be.

** The date following the date on which he attains the age of 50 / 55 years / completes 30
years of service / thirty years of service qualifying for pension.
 ORDER Form III
WHEREAS the Chairman of the Board is of the opinion that it is in the Board‟s and / or
public interest to do so:

Now, THEREFORE in exercise of the powers conferred by clause ......................... of

regulation 5 of the Cochin Port Employees ( Retirement ) Regulations, 1977 the Chairman of the
Board hereby retires Shri/Smt/Kum ...........................................................................( name )
with immediate effect, he / she having already attained the age of 50 / 55 years or having already
completed 30 years of service / 30 yearas of service qualifying for pension on the
..................................( date ) Shri / Smt./Kum.....................................................................
shall be paid a sum equivalent to the amount of his / her pay plus allowances for a period of three
months calculated at the same rate at which he/she was drawing them immediately before his/her
retirement

( Signature )
Chairman of the Board.

To.

Shri / Smt .............................................

.............................................................

ACKNOWLEDGEMENT

I .......................................................... now holding the post of ................................

............................................................................................................................. ................
in the Department ........................................... hereby acknowledge the receipt of the original
of the order of retirement as aforesaid along with cash or crossed cheque No...........................
dated ............................. for Rs.......................................... ( Rupees .................................
............................ only )

Coutersigned Sd /-

Name
Designation Designation
Place Place
Date Date
 THE COCHIN PORT EMPLOYEES ( LEAVE )
REGULATIONS, 1978
CHAPTER - I
PRELIMINARY
1. Short title and Commencement:-
(a) These regulations may be called the Cochin Port Employees ( Leave ) Regulations, 1978.
(b) They shall come into force on the date on which the Central Government‟s approval
thereto is publlished in the Official Gazette.
2. Extent of Application :-
These regulations shall apply to all employees in the service of the Board on or after the
commencement of these Regulations, but shall not apply to;
(a) Persons in casual or daily rated or part-time employment;
(b) “B‟ Category Shore Labour;
* (c) ( Deleted )
(d) persons serving under the Board on deputation from the Central or a State Government
or any other source for a limited duration.
3. Definitions :-
In these Regulations, Unless the Context otherwise requires;
(a) “Board”, “Chairman”, “Deputy Chairman” and “Head of Department” shall have the
meanings assigned to them in the Major Port Trusts Act, 1963;
(b) “Authority competent to grant leave” means the authority empowered to grant leave under the
deligation of powers under the Major Port Trusts Act, 1963.
(c) “completed year of service” and “one year‟s continuous service” means continuous service
of the specified duration under the Board and includes the period spent on duty as well as on leave,
including extraordinary leave;
(d) “commuted leave” means leave taken under regulation 26;
(e) “Date of retirement” or “date of his retirement” in relation to an employee means the after-
noon of the last day of the month in which the employee attains the age prescribed for retirement under
the terms and conditions governing his service;
(f) “earned leave” means leave earned in respect of periods spent on duty;
(g) “earned leave due” means the amount of leave to the credit of an employee on the date of
commencement of these regulations under the leave Regulations in force prior to that date plus the
amount of earned leave calculated under Regulation 24 diminished by the amount of earned leave taken
on or after the commencement of these regulations and the amount of earned leave enhanced, if any;
(h) “extraordinary leave” means leave taken under regulation 28;

* Deleted vide Ministry‟s Notification F.No. PR-12016 / 37 / 95-PE-I and published in the
Gazette of India vide GSR No. 433 (E) dt. 20-9-96
 (i) “employee” means an employee of the Board;
(j) “employee in permanent employ” means an employee who holds substantively a perma-
nent post or who holds a lien on a permanent post or who hold a lien on a permanent post had the
lien not been suspended;
(k) “employee in quasi-permanent employ” means an employee who has been declared quasi-
permanent under the Cochin Port Employees ( Temporary Service ) Regulations, 1964 or who
has been declared quasi-permanent under the rules existed prior to 29-2-1964;
(l) “Form” means form appended to these Regulations;
(m) “half pay leave” means leave earned in respect of completed years of service;
(n) “half pay leave due” means the amount of half pay leave, calculated under regulation, 25
for the entire service, diminished by the amount of half pay leave on private affairs and on medical
certificate, taken before the commencement of these regulations and half pay leave taken on or
after that date,
EXPLANATION : The period of suspension of an employee which is treated as dies-non
should not be reckoned as service for the purpose of these regulations.

4. Employees on Temporary Transfer or on Foreign Service :-

Employees to whom these regulations apply shall continue to be governed by these Regula-
tions while on deputation to Central or a State Government or any other organisations.

5. Transfer from service or Post governed by other Leave

Rules :-
Unless it be otherwise provided in these regulations a permanent employee to whom these regula-
tions do not apply;
(a) when transferred temporarily to a service or post to which these regulations apply, shall
remain subject to the leave rules which were applicable to him before such transfer; and
*Provided that where a military officer not in permanent Civil employ has elected to draw civil
rates of pay, his leave shall be regulated as per the provisions under these regulations:
Provided further that in the event of his release / discharge from the Armed Forces, he shall carry
forward the annual leave due to him with effect from the date of such release / discharge.
(b) When appointed substantively to a permanent post to which these regulations apply,
shall become subject to these regulations from the date of such appointment in which case the leave at
his credit under the rules previously applicable to him shall be carried forward subject to the maximum
limits of accumulation as laid down in Regulation 24. The leave so carried forward shall first be
exhausted before the leave earned under these regulations is availed of. The leave salary in respect of
the leave carried forward shall be borne by the department from which the employee is transferred.
*Provided that in the case of a military officer half pay leave equal to the number of days of furlough
shall also be carried forward in addition to the earned leave equal to the number of the days of annual
leave on the date he is so appointed, it would be permissible to grant him under the leave rules of the
Armed force.

* Inserted vide Ministry‟s Notification F.No. PR-12016 / 37 / 95-PE-I and published in the
Gazette of India vide GSR No. 433 (E) dt. 20-9-96
 CHAPTER - II
GENERAL CONDITIONS
6. Right of leave :-
(i) Leave cannot be claimed as of right. The authority empowered to grant leave shall have a
discretion to grant leave or to refuse or revoke leave at any time according to the exigencies of the
Board‟s service; but it shall not be open to that authority to alter the kind of leave due and applied for
except with the written request of the employee.
(ii) An employee‟s claim to leave is regulated by the regulations in force at the time the leave is
applied for and granted.
7. Effect of Dismissal, Removal or Resignation on leave at Credit :-
(1) Except as Provided in Regulation 31 and in this Regulation, any claim to leave to the credit of
an employee who is dismissed or removed or who resigns from Board‟s service ceases from the date
of such dismissal or removal or resignation.
(2) An employee, who is dismissed or removed from service and is reinstated on appeal or
revision, shall be entitled to count for leave his service prior to dismissal or removal as the case may
be.
(3) An employee who having retired on compensation or invalid pension or gratuity is re-em-
ployed and allowed to count his past service for pension, shall be entitled to count his former service
towards leave.
8. Commutation of one kind of leave into another :-
(1) At the request of an employee the authority which granted him leave may commute it
retrospectively into leave of a different kind which was due and admissible to him at the time the leave
was granted, but the employee cannot claim such commutation as a matter of right.
(2) The commutation of one kind of leave into another shall be subject to adjustment of leave
salary on the basis of leave finally granted to the employee that is to say, any amount paid to him in
excess shall be recovered or any arrears due to him shall be paid.
Note : Extraordinary leave granted on medical certificate or otherwise may be commuted retrospec-
tively into leave not due subject to the provisions in Regulation 27.
9. Combination of different kinds of leave :-
Except as otherwise provided in these regulations, any kind of leave under these regulations may
be granted in combination with or in continuation, of any other kind of leave.
EXPLANTION : Casual leave which is not recognished as leave under these regulations shall not be
combined with any other kind of leave admissible under these regulations.
10. Maximum amount of continuous leave :-
Unless the Board in view of the exceptional circumstances of the case otherwise determines, no
employee shall be grant leave of any kind for a continuous period exceeding five years.
11. Acceptance of service or employment while on leave :-
(1) An employee while on leave including leave preparatory to retirement shall not take up any
service or employment elsewhere, including the setting up of a private professional practice as accoun-
tant, consultant or medical practitioner without obtaining the previous sanction of the authority empow-
ered to appoint him.
(2) (a) No employee while on leave other than leave preparatory to retirement shall ordinarily be
permitted to take up any other service or employment,
 (b) If grant of such permission is considered desirable in any exceptional case, the employee any
have his services transferred temporarily from his present office to the office in which he is permitted to
take up service or employment or may be required to resign his appointment before taking up any other
service or employment.
(c) An employee while on leave preparatory to retirement shall not be permitted to take up
private employment. He may however, be permitted to take up employement with a publich Sector
Undertaking or a body under any local authority or a Corporation or Company wholly or substantially
owned or controlled by the Government or a body controlled or financed by the Government and in
that event also leave salary payable for leave preparatory to retirement shall be the same admissible
under Regulation 33.
(3) (a) In case an employee who has proceeded on leave preparatory to retirement is required,
before the date of retirement, for employment during such leave in any post under the Board and is
agreeable to return to duty, the unexpired portion of the leave from the date of rejoining shall be cancelled.
(b) The leave so cancelled under clause (a) shall be allowed to be encashed in the manner pro-
vided in clause (b) of sub-regulation (2) of Regulation 31,
* (c) Deleted
CHAPTER - III
GRANT OF AND RETURN FROM LEAVE
12. Application for leave :-
Any application for leave or for extension of leave shall be made in Form I to the authority compe-
tent to grant leave.
13. Leave account :-
A leave account shall be maintained in Form 2 for each employee in Class I and II service by the
Financial Adviser & Chief Accounts Officer and in Class III & IV service by the Head of Office or an
Officer authorised by him.
14. Vertification of title to leave :-
No leave shall be granted to an employee until a report regarding its admissibility has been ob-
tained from the authority maintaining the leave accounts
** NOTE : In the case of leave preparatory to retirement or where cash payment in lieu of leave at
credit is granted under Regulation 31 an undertaking for recovery of the leave salary if any paid in
excess, shall be taken from the employee.
15. Leave not to be granted in certain circumstances :-
Leave shall not be granted to an employee whom competent punishing authority has decided to
dismiss / remove or compulsorily retire from service.
16. Grant of leave on Medical certificate to class I and Class II
employees :-
(1) Before a Class I or Class II employee is granted leave or extention of leave on medical
certificate, he shall obtain a certificate, in Form 3 from the Chief Medical Officer of the Port Trust
Hospital or in his absence from the senior most Medical Officer available in the Hospital or from an
Authorised Medical Attendant / Civil Surgeon attached to a Government Hospital or Government
Medical College. The Chairman may however, accept at his discretion, the certificate from a Regis-
tered Medical Practitioner.
* Deleted Ministry‟s Notification F.No. PR-12016 / 37 / 95-PE-I and published in
#* Inserted } the Gazette of India vide GSR No. 433 (E) dt. 20-9-96
 (2) Where the authority competent to grant leave is not satisfied with the genuineness of a
particular case it shall be open to such authority to have second medical examination at the earliest
possible date by a medical officer not below the rank of a Civil Surgeon Grade I.
(3) A Medical Officer shall not recommend the grant of leave in any case in which there
appears to be no reasonable prospect that the employee concerned will ever be fit to resume his
duties and in such case, the opinion that the employee is permanently unfit for service under the
Board shall be recorded in the medical certificate.
(4) The grant of a medical certificate under this regulation does not in itself confer upon the
employee concerned any right to leave; the medical certificate shall be forwarded to the authority
competent to grant leave and orders of that authority awaited.

17. Grant of leave on Medical Certificate to Class III and

Class IV employees :-
(1) An application for leave on medical certificate, made by Class III or a Class IV em-
ployee shall be accompained by a medical certificate in Form 4 given by a Medical Officer at-
tached to the Port Trust Hospital or an authorised Medical attendant or a registered Medical
Practitioner not below the rank of an Assistant Surgeon, defining as clearly as possible the nature
and probable duration of the illness.
(2) A Medical Officer shall not recommend the grant of leave in any case in which there
appears to be no reasonable prospect that the employee concerned will ever be fit to resume his
duties and in such case the opinion that the employee is permanently unfit for service under the
Board shall be recorded in the medical certificate.
(3) The authority competent to grant leave may at its discretion, secure a second medical
opinion by requesting the Chief Medical Officer of the Port Trust Hospital or the Chief Medical
Officer of the District in which the employee is serving or in which he falls ill or to which he
proceeds for treatment, to have the applicant medically examined on the earliest possible date by
a Medical Officer not below the rank of a Civil Surgeon Grade I.
(4) It shall be the duty of the Medical Officer examining the employee under sub-regulation
(3) above to express an opinion both as regards the facts of the illness and as regards the neces-
sity for the amount of leave recommended and for that purpose he may require the applicant to
appear either before himself or before a medical officer nominated by himself.
(5) The grant of a medical certificate under this regulation does not in itself confer upon the
employee concerned any right to leave; the medical certificate shall be forwarded to the authority
competent to grant leave and orders of that authority awaited.
(6) The authority competent to grant leave may, at its discretion, waive the production of a
medical certificate in case of an application for leave for a period not exceeding three days at a
time, Such leave shall not, however, be treated as leave on medical certificate and shall be debited
against leave other than leave on medical grounds.

18. Leave to an employee who is unlikely to be fit to return to

duty :-
(1) (a) When a medical authority has reported that there is no reasonable prospect that the
employee will ever be fit to return to duty, leave shall not necessarily be refused to such employee.
 (b) The leave may granted, if due, by the authority competent to grant leave on the following
conditions :-
(i) If the Medical authorioty is unable to say with certainty that the employee will never again be
fit for service leave not exceeding twelve months in all may be granted and such leave shall not be
extended without further reference to a medical authority.
(ii) If an employee is declared by a medical authority to be completely an permanently incapaci-
tated for further service leave or an extension of leave may be granted to him after the report of the
medical authority has been received provided the amount of leave as debited to the leave account
together with any period of duty beyond the date of the report of the medical authority does not exceed
six month.
(2) An employee who is declared by a medical authority to be completely and permanently
incapacitated for further service shall.
(a) if he is on duty be invalidated from service from the date of relief of his duties, which
should be arranged without delay on receipt of the report of the medical authority; if however he
is granted leave under sub-regulation (1) he shall be invalidated from service on the expiry of such
leave.
(b) if he is already on leave, be invalidated from service on the expiry of that leave or exten-
sion of leave, if any granted to him under sub-regulation (1).

19. Commencement and Termination of leave :-

Except as provided in Regulation 20, leave ordinarily begins on the day on which the transfer
of charge is effected and ends on the day preceding that on which the charge is resumed.

20. Combination of Holidays with leave :-

(1) When the day, immediately preceding the day on which an employee‟s leave begins or
immediately following the day on which his leave expires, is a holiday or one of a series of holi-
days, the employee may be permitted to leave his station at the close of the day before, or return
to it on the day following such holiday or series of holidays.
Provided that his transfer or assumption of charge does not involve the handing or taking over
of valuable, or of money other than a permanent advance;
(2) On condition the departing employee remains responsible for the moneys in his charge,
the Head of Department may, in any particular case waive the application of the proviso to sub-
regulation (1)
(3) Unless the authority competent to grant leave in any case otherwise directs :
(a) if holidays are prefixed to leave, the leave and any consequent re-arrangement of pay
and allowances take effect from the day after the holiday; and
(b) if holidays are suffixed to leave, the leave is treated as having terminated and any
consequent re-arrangement of pay and allowances takes effect from the day on which the leave
would have ended if holidays had not been suffixed.
NOTE (1) A compensatory leave granted in lieu of duty performed by an employee on Sunday
or a holiday for a full day may be treated as a holiday for the above purpose.
(2) When an employee is certified medically unwell to attend office, holiday (s), if any,
immediately preceding the day he is so certified shall be allowed automatically to be
prefixed to leave and the holidays if any, immediately succeeding the day he is so
certified ( including that day ) shall be treated as part of the leave.
(3) When an employee is certified medically fit for joining duty, holiday (s), if any; suc-
ceeding the day he is so certified ( including that day ) shall automatically be allowed
to be suffixed to the leave, and holiday (s), if any, preceding the day he is so certified
shall be treated as part of the leave.

21 Recall to duty before expiry of leave :-

(1) All orders recalling an employee to duty before the expiry of his leave shall state that the
return to duty is compulsory.
(2) If the leave from which he is recalled is in India, the employee shall be entitled to be
treated as on duty from the date on which he starts from the station to which he is ordered, and to
draw:
(i) travelling allowance under rules made in this behalf for the journey; and
(ii) leave salary, until he joins his post, at the same rate at which he would have drawn it but
for recall to duty.

22. Return from leave :-

(1) An employee on leave shall not return to duty before the expiry of the period of leave
granted to him unless he is permitted to do so by the authority which granted him leave.
(2) Notwithstanding anything contained in sub-regulation (1) an employee on leave prepara-
tory to retirement shall be precluded from returning to duty save with the consent of the authority
competent to appoint him to the post from which he proceeded on leave preparatory to retire-
ment.
(3) (a) An employee who has taken leave on medical certificate may not return to duty until
he has produced a medical certificate of fitness in Form 5.
(b) If the meployee is a Class I or Class II. Officer, the certificate under Clause (a) shall be
obtained from the Chief Medical Officer of the Port Trust Hospital or in his absence from the
Seniormost Medical Officer available in the Hospital or from an Authorised Medical Attendant /
Civil Surgeon attached to a Government Hospital or Government Medical College. The Chair-
man may, however, acept at his discretion the certificate from a registered Medical Practitioner.
(c) In the case of a Class III or Class IV employee, the authority under which the employee
is employed on return from leave may, at its discretion, accept a certificate signed by registered
medical practitioner not below the rank of an Assistant Surgeon.
 (4) (a) An employee returning from leave is not entitled, in the absence of specific orders to that
effect, to resume as a matter of course the post which he held before going on leave.
(b) Such employee shall report his return to duty to the authoroitoy which granted him leave or to
the authority, if any, specified in the order granting him the leave and await orders.
NOTE: An employee who had been suffering from tuberculosis may be allowed to resume duty on the
basis of fitness certificate which recommends light work for him.
23. Absence after expiry of leave :-
(1) Unless the authority competent to grant leave extends the leave, an employee who re-
mains absent after the end of leave is entitled to no leave salary for the period of such absence and
that period shall be debited against his leave account as though it were half pay leave, to the extent
such leave is due, the period in excess of such leave due being treated as extraordinary leave.
(2) Wilful absence from duty after the expiry of leave render an employee liable to disciplin-
ary action.

CHAPTER - IV
KINDS OF LEAVE DUE AND ADMISSIBLE

24. Earned leave :-

(1) (a) An employee shall be entitled to earned leave at the rate of 30 days for each Calender
year.
(b) The leave account of every employee shall be credited with earned leave, in advance in
two instalments of 15 days each on the first days of January and July of every Calendar year.
(c) The leave to the credit of an employee at the close of the previous half year shall be
carried forward to the next half year, subject to the condition that the leave so carried forward
plus the credit for the half year does not exceed the maximum limit of * 300 days.
** Provided that where the earned leave at the credit of employee as on the last day of
December or June is * 300 days or less but more than * 285 days, the advance credit of 15 days
earned leave on first day of January or July to be afforded in the manner indicated under Clause
(b) shall instead of being credited in leave account be kept seperately and first adjusted against the
earned leave that the employee takes during that half year and the balance, if any, shall be credited
to the leave account at the close of the half-year, subject to the condition that balance of such
earned leave plus leave, already at credit do not exceed the maximum limit of * 300 days.”
(d) A period spent in foreign service shall count as duty for purpose of this regulation, if
contribution towards leave salary is paid on account of such period.
(2) Subject to the provisions of Regulations 6 and 31 and sub-regulations (1) and (3) of this
Regulation, the maximum earned leave that may be granted at a time to an employee in India shall
be 180 days.
** Inserted vide GSR No. 433 (E) dt. 20-9-96.Ministry‟s Notification F.No.PR-12016/37/95-PE-I
* Substituted vide Ministry‟s F.No. PR-12016 / 23 / 98-PE-I and published in the Gazette of
India under GSR No. 7 (E) dt. 31-12-99
 (3) Earned leave may be granted to an employee in Class I or Class II service exceeding a period
of 180 days, but not exceeding 300 days if the entire leave so granted or any portion thereof is spent
outside India, Bangladesh, Bhutan, Burma, Sri Lanka, Nepal and Pakistan.
Provided that where earned leave exceeding a period 180 day is granted under this sub-regulation,
the period of such leave spent in India shall not in the aggregate exceed the aforesaid limits.
(4) (i) When a person is appointed during the course of a calendar year, Earned Leave shall be
credited to his leave account at the rate of 2 1/2 days for each completed calendar month of service
which he is likely to render in a half year of the calendar year in which he is appointed.
NOTE: If an employee is appointed on 20th March, the number of complete months of his service
in that half year will be 3 and the credit will 3 x 2, 1/2 = 7, 1/2 days rounded to 8 days. If he
is appointed on 20th April the number of complete month will be only 2 and the credit will be
2 x 2 1/2=5 days
(ii) (a) The credit for the half year in which an employee is due to retire or resigns from the
service shall be affored only at the rate of 2 1/2 days per completed calender month upto the date or
retirement or resignation.
(b) When an employee is removed or dismissed from service or dies while in servie credit of
earned leave shall be allowed at the rate of 2 1/ 2 days per completed calender month upto the date he
is removed or dismissed from service or dies in service.
(iii) If an employee has availed of extraordinary leave and / or some period of absence in his case
has been treated as dies -non in a half year, the credit to be afforded to his leave account at the
commencement of the next half year shall be reduced by 1/10th of the period of such leave and or dies-
non subject to a maximum of 15 days.
(iv) While affording credit of earned leave, fraction of a day shall be rounded off to one day.

24.-A. Encashmant of Earned leave :-

Notwithstanding anything contained in these Regulations, an employee shall be allowed to
encash not exceeding 50% of the Earned Leave standing at his credit, subject to the following
terms and conditions :-
(1) The encashment of earned leave shall be allowed once in a calendar year and shall be
subject to the employee‟s simultaneously availing of earned leave for not less than 7 days.
Provided that in the case of Class III and Class IV employees, the availing of 7 days Earned
Leave need not necessarily be at a stretch simultaneously with encashment but may either be in
one spell or in spells during the calendar year before the encashment.
(2) The total amount of earned leave encashed and availed shall be debited to the leave
account of the employee.
(3) In the case of employees availing Earned Leave simultaneously with encashment, the
amount admissible on encashment shall be the amount equal to be leave salary for which the
employee would have been eligible had he actually gone on Earned Leave for the period.

Substituted vide Ministry‟s F.No. PR-12016 / 23 / 98-PE-I and published in the Gazette of India
under GSR No. 7 (E) dt. 31-12-99
encashed in continuation of his availing the said leave, and in the case of employees availing Earned
leave for not less than 7 days in one spell or in different spells before encashment, the lumpsum
amount admissible on encashment shall be the amount equal to the leave salary for which the
employee would have been eligible had he actually gone on Earned Leave for the period encashed
from the date mentioned in the application for encashment and this amount shall be paid in ad-
vance in one lumpsum.
(4) The amount paid as above shall not count as emoluments for any purpose. It shall not
also be subject to recoveries in respect of loans, advances etc.
(5) The authority to sanction encashment of earned leave shall be the authority empowered
to sanction leave.

25. Half pay Leave :

* (1) The half pay leave account of an employee shall be credited with half-pay leave in ad-
vance in two instalments of ten days each on the first day of January and July of every calender
year.
* (2) (a) The leave shall be credited to the said leave account at the rate of 5/3 days for each
completed calender month of service which he is likely to render in the half year of the calender
year in which he is appointed,
* (b) The credit for the half-year in which an employee is due to retire or resigns from the
service shall be allowed at the rate 5/3 days per completed calendar month, up to the date of
retirement or resignation.
* (c) When an employee is removed or dismissed from service or dies while in service, credit
of half pay leave shall be allowed at the rate of 5/3 days per completed calendar months upto the
end of the calendar month preceeding the calendar month in which he is removed / dismissed from
service or dies in service.
* (d) Where a period of absence or suspension of an employee has been treated as
“ dies- non ” in a half year the credit to be afforded to his half pay leave account at the
commencement of next half year, shall be reduced by one-eighteenth of the period of “dies-non”
subject to a maximum of ten days.
* (3) The leave under this regulation may be granted on medical certificate or on private af-
fairs.
* (4) While affording credit of half-pay leave, fraction of day shall be reounded off to the
nearest day Provided that in the case of an employee not in permanent employee no half pay
leave shall be granted unless the authority competent to grant Leave has reasons to believe that
the employee will return to duty on its expiry except in the case of an employee who has been
declared completely and permanently incapacitated for further service by a medical authority.

* Substituted vide Ministry‟s F.No. PR - 12016/37/95-PE- I and published in the Gazette of

India vide G. S. R No. 433 (E) dt. 20-9-96.
26. Commuted Leave :
(1) Commuted Leave not exceeding half the amount of half pay leave due may be granted on
medical certificate to an employee, subject to the following conditions;-
(a) The authority competent to grant leave is satisfied that there is reasonable prospect of the
employee returning to duty on its expiry;
(b) When commuted leave is granted, twice the amount of such leave shall be debited against
the half pay leave due;
(2) Half pay leave upto a maximum of 180 days may be allowed to be commuted during the
entire service ( without production of medical certificate ) Where such leave is utilised for an
approved course of study certified to be in the Board‟s interest by the leave sanctioning authority.
(3) Where an employee who has been granted commuted leave resigns from service or at his
request is permitted to retire voluntarily without returning to duty, the commuted leave shall be
treated as half pay leave and the difference between the leave slalary in respect of commuted
leave and half pay leave shall be recovered.
Provided that no such recovery shall be made if the retirement is by reason of ill-health inca-
pacitating the employee for further service or in the event of his death.
NOTE : Commuted leave may be granted at the request of the employee even when earned
leave is due to him.

27. Leave Not Due :-

*(1) Save in the case of leave preparatory to retirement, leave not due may be granted to an
employee in permanent employ limited to a maximum of 360 days during the entire service on
medical certificate subject to the following conditions :-
(a) The authority competent to grant leave is satisfied that there is reasonable prospect of the
employee returning to duty on its expiry.
(b) Leave not due shall be limited to the half pay leave he is likely to earn thereafter.
(c) Leave not due shall be debited against the half pay leave the employee may earn subsequently.
* ( IA ) Leave not due may also be granted to such of the temporary employees who are suffering
from T.B., Leprosy, Cancer or mental illness, for a period not exceeding 360 day‟s during entire
service, subject to fulfilment of conditions in clauses ( a ) to ( c ) of sub-regulations
(1) and subject to the following further conditions, namely:-
(i) That the employee has put in a minimum of one year‟s service;
(ii) that the post from which the employee proceeds on leave is likely to last till his return to
duty; and
(iii) that the request for grant of such leave is supported by a medical certificate as envisaged
in clause (iii) sub-regulation (2) of regulation 28.

* Substituted vide Ministry‟s F.No. PR - 12016/37/95-PE- I and published in the Gazette

of India vide G. S. R No. 433 (E) dt. 20-9-96.
 (a) the authorioty competent to grant leave is satisfied that there is reasonable prospect of the
employee returning to duty on its expiry;

(b) Leave not due shall be limited to the half pay leave he is likely to earn thereafter;

(c) leave not due shall be debited against the half pay leave the employee may earn subsequently.

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

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

Provided that no leave salary shall be recovered under clause ( a) or clause (b) if the retirement is
by reason of ill-health incapacitating the employee for further service or in the event of his death or he
is retired by giving him notice or pay and allowances in lieu of such notice in accordance with the terms
and conditions of his service.

(i) the employee has put in a minimum of one year‟s service.

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

(iii) the request for grant of such leave is supported by a medical certificate

28. Extraordinary leave :-

(1) Extraordinay leave may be granted to an employee;

(a) When no other leave is admissible.

(b) When other leave is admissible but the employee applied in writing for the grant of ex-
traordinary leave;

(2) Unless the Board in view of the exceptional circumstances of the case otherwise deter-
mines, no employee, who is not permanent employ shall be granted extraordinary leave on any
one occasion in excess of the following limits :-
 (i) three months.

* (ii) Six months where the employee has completed one year‟s continuous service on the date of
expiry of leave of the kind due and admissible under these Regulations, including three months extraor-
dinary leave under clause (i) and his request for such leave is supported by a medical certificate as
required by these regulations;

* (iii) Eighteen months, where the employee who has completed one year‟s continuous service is
undergoing treatment for.

(a) Pulmonary tuberculosis or pleurisy of tubercular origin in a recognised sanatorium.

* “NOTE : The concession of extraordinary leave upto eighteen months shall be admissible also to an
employee suffereing from pulmonary tuberculosis of plourisy of Tubercular origin who receives treat-
ment at his residence under a tuberculosis specialist recognised as such by the State Administrative
Medical Officer concerned and produces certificate signed by that specialist to the effect that he is
under his treatment and that he has reasonable chances of recovery on the expiry of the leave recom-
mended”.

(b) Tuberculosis of any other part of the body by a qualified Tuberculosis Specialist or a Civil
Surgeon; or

(c) Leprosy in a recognised Leprosy Institution or by a Civil Surgeon or a Specialist in Leprosy

Hospital recognised as such by the State Administrative Medical Officer concerned or approved by
the Board in this behalf;

(d) Cancer or mental illness in an institution recognised for the treatment of such disease or by a
Civil Surgeon or a specialist in such disease.

Note : For this purpose „Medical Certificate‟ includes a medical certificate issued by the Chief
Medical Officer of the Port Trust Hospital.

* “(iv) twenty four months, where the leave is required for the purpose of procecuting studies
certified to be in the Board‟s interest, provided the employee concerned has completed three
years continuous service on the date of expiry of leave of the kind due and admissible under these
Regulations, including three months extraordinary leave under Clause (1) “.

* (3) (a) Where an employee is granted extraordinary leave in relaxation of the provisions
contained in clause (iv) of sub-regulation (2) he shall be required to execute a bond in Form 10
undertaking to refund to the Board the actual amount of expenditure incurred by the Board during
such leave plus that incurred by any other agency with interest thereon in the event of his not
returning to duty on the expiry of such leave or quitting the service before a period of three years
after return to duty.

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

* Inserted vide Ministry‟s Notification F.No. PR - 12016/37/95-PE- I and published in the

Gazette of India vide G. S. R No. 433 (E) dt. 20-9-96.
 (4) Two spells of extra-ordinary leave, if intervened by any other kind of leave, shall be treated
as one continuous spell of extraordinary leave for the purpose of sub-regulation (2)

(5) The authority competent to grant leave may commute retrospectively periods of absence
without leave into extraordinay leave.

29. Persons re-employed after retirement :-

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

30. Leave preparatory to Retirement :-

(1) An employee may be permitted by the authority competent to grant leave to take leave
preparatory to retirement to the extent of earned leave due not exceeding 300 days as prescribed
in regulation 24, together with half pay leave due subject to the conditions that such leave extends
up to and included the date of retirement.

Note : The leave granted preparatory to retirement shall not include extraordinary leave.

(2) Where an employee is in foreign service and if he applies for leave preparatory to retire-
ment, it shall be granted to the employee. If the foreign employer needs the service of the em-
ployee during that period, the employee may be re-employed by that employer concurrently with
leave preparatory to retirement and leave salary regulated in accordance with the provisions of
sub-regulation (6) of regulation 33

31. Leave / cash payment in lieu of leave beyond the date of

retirement or quitting of service :-
(1) No leave shall be granted to an employee beyond

(a) the date of his retirement, or

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

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

(d) the date of his resignation from service.

2 (a) Where an employee retires on attaining the normal age prescribed for retirement under the
terms and conditions governing his service, the authority competent to grant earned leave shall suo-
moto issue an order granting cash equivalent of leave salary for earned leave, if any, at the credit of the
employee on the date of his retirement, subject to a maximum of 300 days
(b) The cash equvalent under sub-regulation (a) shall be calculated as follows and shall be pay-
able in one lumpsum as a one time settlement. **No house rent allowance or city compensatory allow-
ance shall be payable.
Cash equivalent = Pay and fixed special Allowance Number of days of unutilised
admissible on the date of retire- Earned Leave at credit on the
ment plus dearness allowances date of retirement subject to a
admissible on the date x maximum 300 days.
30
** (3) The authority competent to grant leave may withhold whole or part of cash equivalent of
earned leave in the case of an employee who retires from service on attaining the age of retirement
while under suspension or while disciplinary or criminal proceedings are pending against him, if in
the opinion of such authority there is a possibility of some money becoming recoverable from him
on conclusion of the proceedings against him and he will become eligible to the amount so with-
held after adjustment of Board‟s dues, if any.
(4) (a) Where the service of an employee has been extended, in the interest of Board
beyond the date of his retirement he may be granted.
(i) during the period of extension, any earned leave due in respect of the period of such
extension plus the earned leave which was at his credit on the date of his retirement subject to a
maximum of *180 days *300 days as the case may be, as prescribed in Regulation 24.
(ii) after the expiry of the period of extension cash equivalent in the manner provided in sub-
regulation (2) in respect of earned leave at credit on the date of retirement, plus the earned leave
earned during the period of extension, reduced by the earned leave availed of during such period
subject to a maximum of 300 days.

(5) An employee who retires or is retired from service in the manner mentioned in clause (c)
of sub-regulation (1), may be granted suo-moto by the authority competent to grant leave cash
equivalent of the leave salary in respect of earned leave at his credit subject to a maximum of 300
days and also in respect of all the half pay leave at his credit provided this period does not exceed
the period between the date on which he so retires or is retired from service the date on which he
would have retired in the normal course after attaining the age prescribed for retirement under the
terms and conditions governing his service. The cash equivalent shall be equal to the leave salary
as admissible for earned leave and / or equal to the leave salary as admissible for half pay leave
plus Fixed Special Allowance and dearness allowances admissible on that leave salary for the first
*300 days, at the rates in force on the date the employee so retires or is retired from service. The
pension and pension equivalent or other retirement benefits and adhoc relief / graded relief on
pension shall be deducted from the leave salary paid for the period of half pay leave, if any, for
which the cash equivalent is payable. The amount so calculated shall be paid in one lumpsum as a
one time settlement. ** No house rent allowance or city compensatory allowance shall be payable.

* Substituted vide Ministry‟s F.No. PR-12016 / 23 / 98-PE-I and published in the Gazette of
India under GSR No. 7 (E) dt. 31-12-99
** Inserted vide Ministry‟s Notification F.No. PR - 12016/37/95-PE- I and published in the
Gazette of India vide G. S. R No. 433 (E) dt. 20-9-96.
 Provided that if leave salary for the half pay leave component falls short of pension and other
pensionary benefits, cash equivalant of half pay leave shall not be granted.
** (5-A) where an employee is compulsorily retired as a measure of penalty under the provisions
of the CPE ( CC&A) Regulations, 1964 and the disciplinary authority has not imposed any reduc-
tion in the amount of his pension ( including gratuity ) under Rule 40 of the Central Civil Service
(Pension) Rules, 1972, the authority competent to grant leave shall suo- moto issue an order
granting cash equivalent of leave salary for earned leave, if any, at credit of the employee on the
date of such retirement, subject to a maximum of three hundred days in the manner indicated in
Clause (b) of Sub-regulation (2).
(6) (a) (i) Where the services of an employee are terminated by notice or by payment of pay
and allowances in lieu of notice, or otherwise in accordance with the terms and conditions of his
appointment, he may be granted suo-moto by the authority competent to grant leave, cash equiva-
lent in respect of earned leave at his credit, on the date on which he ceases to be in service subject
to a maximum of 300 days.
(ii) If an employee resigns or quits service, he may be granted suo-moto by the authority
competent to grant leave, cash equivalent in respect of earned leave at his credit on the date of
cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 150
days.
(iii) An employee who is re-employed after retirement may, on termination of his re-employ-
ment, be granted suo-moto by the authority competent to grant leave, cash equivalent in respect
of earned leave at his credit on the date termination of re-employment, subject to a maximum of
*300 days, ** including the period for which eacashment was allowed at the time of retirement.
(b) The cash equivalent payable under clasue (a) shall be calculated in the manner indicated
in clause (b) of sub-regulation (2) and for the purpose of computation of cash equivalent under
sub-clause (iii) of Clause (a), the pay on the date of termination of re-employment shall be the pay
fixed in the scale of post of re-employment before adjustment of pension and pension equivalent
of other retirement benefits and the dearness allowance appropriate to that pay.
* CASH equivalent Leave Salary in case of invalidation :-
31-A. An employee who is declared by a competent medical authority to be completely and
permanently incapacitated for further service may be granted, suo-moto by the authority compe-
tent to grant leave, cash equivalent of leave salary in respect of leave due and admissible on the
date of his invalidation from service, provided that the period of leave for which he is granted cash
equivalent does not extent beyond the date on which he would have retired in the normal course
after attaining the age prescribed for retirement under the terms and conditions governing his
service. The cash equivalent thus payable shall be equal to the leave salary as calculated under
sub-regulation (5) of regulation 31. An employee not in permanent employ as quasi-permanent
employ shall not, however, be granted cash equivalent of leave salary in respect of half pay leave
standing to his credit on the date of his invalidation from service.

* Substituted vide Ministry‟s F.No. PR-12016 / 23 / 98-PE-I and published in the Gazette of
India under GSR No. 7 (E) dt. 31-12-99
** Substituted vide Ministry‟s F.No. PR-12016 / 37 / 95-PE-I and published in the Gazette of
India under GSR No. 7 (E) dt. 31-12-96
*32. Cash equivalent of Leave Salary in case of death service :-
In the event of the death of an employee while in service, the cash equivalent of the leave
salary that the deceased employee would have got had he gone on earned leave that would have
been due and admissible to him but for the death on the date immediately following the death and
in any case, not exceeding leave salary for 300 days, shall be paid to his family in the manner
specified in Regulation 32- „A‟ without any reduction on account of pension equivalent of death
cum-retirement gratuity.

*32-A : Payment of cash equivalent of leave Salary in case of death, etc. of an employee.
In the event of the death of an employee while in service or after retirement or after final
cessation of duties but before actual receipt of cash equivalent of leave salary payable
under regulation 31, 31 A & 32 such amount shall be payable.
*(1) to the widow and if there are more widows than one, to the eldest surviving widow if the
deceased was a male employee or husband if the deceased was a female employee
EXPLANTION: The expression “eldest surviving widow” shall be construed with
reference to the seniority according to the date of the marriage of the surviving widows
and not with reference to their ages;

*(ii) failing a widow or husband, as the case may be, to the eldest surviving son, or an adopted son;

*(iii) failing (i) and (ii) above, to the eldest surviving unmarried daughter;

*(iv) failing (i) to (iii) above to the eldest surviving widows daughter;

*(v) failing (i) to (iv) above, to the father;

*(vi) failing (i) to (v) above, to the mother;

*(vii) failing (i) to (vi) above, to the eldest surviving brother below the age of eighteen years;

*(viii) failing (i) to (vii) above, to the eldest surviving unmarried sister; and

*(ix) failing the above, to the eldest surviving widowed sister

* In case where none of the above claimants is available the cash equivalent of leave shall
be paid to the eldest surviving married daughter and failing that to the eldest child of a
predceased son of the deceased employee;
33. Leave Salary :-
(1) Except as provided in sub-regulations (5) and (6), an employee on earned leave is en-
titled to leave salary equal to the pay drawn immediatley before proceeding on earned leave.

* Inserted vide Ministry‟s F.No. PR-12016 / 37 / 95-PE-I and published in the Gazette of
India under GSR No.433 (E) dt.20-9-96
NOTE : In respect of any period spent on foreign service out of India, the pay which the
employee would have drawn if on duty in India but for foreign service out of India shall be
substituted for the pay actually drawn while calculating leave salary.

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

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

(4) An employee on extraordinary leave is not entitled to any leave salary.

(5) In the case of an employee who is granted leave earned by him during the period of re-
employment, the leave salary shall be based on the pay drawn by him exclusive of the pension and
pension equivalent of other retirement benefits.

*(6) (a) : If, in the case of an employee who retires or resigns from the service; the leave
already availed of is more than the credit so due to him necessary adjustment shall be made on
respect of leave salary, if any, overdrawn.

*(b) Where the quantum of earned leave already availed of by an employee who is dismissed
or removed from service or who dies while in service is in excess of the leave at credit under
Clause (ii) (b) of sub-regulation 4 of regulation 24, the over-payment of leave salary shall be
recovered in such cases.

34. Drawal of Leave Salary :-

The leave Salary payable under these regulations shall be drawn in Rupees in India.

*35. Advance of Leave Salary :-

An employee, including an employee on foreign service, proceeding on leave for a period not
less than thirty days may be allowed an advance in lieu of leave salary upto a months pay and
allowances admissible on that leave salary subject to deductions on account of Income Tax, Provi-
dent Fund, House Rent, recovery of advances etc. and subject to the following conditions;
*(i) the amount of the advance shall be restricted to the net amount of leave salary for the Ist
month of leave that is clearly admissible after deduction on account of Income Tax, Provident
Fund, House Rent repayment of advances etc.so that thow is no financial risk involved.
* (ii) the advance should be adjusted in full in the leave salary bill in respect of the leave availed of
in cases where the advance cannot be so adjusted in full the balance will be reovered from the
next payment of pay or and leave salary;
*(iii) the advance may be sanctioned by the Chairman / Deputy Chairman, Head of Depart-
ment or Head of Office.
*(iv) advance in respect of a temporary employee shall be sanctioned on his furnishing the
surety of a permanent employee.
*(v)the amount of advance shall be debited to the head of account to which the pay etc, of the
employee is debited.

* Substituted vide Ministry‟s F.No. PR-12016 / 37 / 95-PE-I and published under GSR
No.433 (E) dt.20-9-96.
 CHAPTER - V
SPECIAL KINDS OF LEAVE OTHER THAN STUDY LEAVE
*36. Maternity leave :-
*(1)A female employee ( including an apprentice ) with less than two surviving children may be granted
maternity leave by an authority competent to grant leave for a period of 135 days from the date of
its commencement.
*(2)During such period she shall be paid leave salary equal to the pay drawn immediately before
proceeding on leave.
*(3)(a) Maternity leave not exceeding 45 days in the entire career may also be granted to a female
employee ( irrespective of number of surviving children ) in case of miscarriage, including abortion
on production on medical certificate as laid down in Regulations 16 and 17 and also in cases of
abortion induced under the Medial Termination of Pregnancy Act, 1971
(b) In calculatilng the number of days of Maternity leave for such miscarriage / abortion, the
maternity leave so availed of in the past prior to the date of this notification should not be taken into
account.
*(4)(a) Maternity leave may be combined with leave of any other kind.
(b) Notwithstanding the requirement of production of medical certificate contained in Sub-regu-
lation I of Regulation 27 or Sub-regulation I of Regulation 28, leave of the kind due and admissible
( including commuted leave for a period not exceeding 60 days and leave not due ) upto a maxi-
mum of one year may, if applied for, be granted in continuation of maternity leave granted under
Sub regulation (1).
*(5)Maternity leave shall not be debited against the leave account.
*(6)A male employee ( including an apprentice ) with less than two surviving children may be granted
paternity leave for a period of 15 days during the „ the confinement of his wife‟. During the period
of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding
on leave. Paternity leave shall not be debited against the leave account and may be combined with
any kind of leave ( as in the case of maternity leave ). It may not normally be refused under any
circumstances.
*36. (A) Leave to a female employee on adoption of child. A female employee on her adopting a
child, may be granted leave of the kind due and admissible ( including commuted leave without
production of medical certificate for period not exceeding 60 days and leave not due ) upto one
year subject to the followoing conditions :
*(i) The facility will not be available to an adoptive mother already having two living children at the time
of adoption.
*(ii) The maximum admissible period of leave of the kind due and admissible will be regulated as under :-
*(a) If the age of the adopted child is less than one months leave upto one year may be allowed.
*(b) if the age of the child is six months or more leave upto 6 months may be allowed;
*(c) if the age of the child is 9 months or more, leave upto 3 months may be allowed.

* Inserted vide Ministry‟s F.No. PR-12016 / 37 / 95-PE-I and published in the Gazette of
India under GSR No. 433 (E) dt. 20-9-96.
* Substituted vide Ministry‟s F.No. PR-12016 / 23 / 98-PE-I and published in the Gazette of
India under GSR No. 7 (E) dt. 31-12-99
37. Special disability leave for injury intentionally inflicted :-
(1) The authority competent to grant leave may grant special disability leave to an employee
( whether permanent or temporary ) who is disabled by injury intentionally inflicted or caused in or
in consequence of the due performance of his official duties or in consequence of his official
position.
(2) Such leave shall not be granted unless the disability manifested itself within three months
of the occurrence to which it is attributed and the person disabled acted with due promptitude in
bringing it to notice :
Provided that the authority competent to grant leave may if it is satisfied as to the cause of the
disability, permit leave to be granted in cases where the disability manifested itself more than three
months after the occurrence of its cause.
(3) The period of leave granted shall be such as is certified by an authorised Medical Atten-
dant and shall in no case exceed 24 months.
(4) Special disability leave may be combined with leave of any other kind.
(5) Special disability leave may be granted more than once if the disability, is aggravated or
reproduced in similar circumstance at a later date, but not more than 24 months of such leave shall
be granted in consequence of any one disability.
(6) Special disability leave shall be counted as duty in calculatling service for pension and
shall not, except the leave granted under the proviso to clause (b) of sub-regulation (7) be debited
against the leave account.
(7) Leave salary during such leave shall.
(a) for the first 120 days of any period of such leave, including a period of such leave granted
under sub-regulation (5) be equal to leave salary while on earned leave; and
(b) for the remaining period of any such leave, be equal to leave salary during half pay leave;
Provided that an employee may, at his option, be allowed leave salary in sub-regulation (a) for
period not exceeding another 120 days, and in that event the period of such leave shall be debited
to his half pay leave account:
(8) In the case of a person to whom the workmen‟s Compensation Act 1923 (8 of 1923 )
applies, the amount of leave salary payable under this regulation shall be reduced by the amount of
compensation payable under clause (d) of sub-section (1) of section 4 of the said Act.

38. Special disability leave for accidental injury :-

(1) The provisions of Regulation 37 shall apply so also to an employee, whether permanent
or temporary, who is disabled by injury accidentally incurred in, or in consequence of, the due
performance of his official duties, or in consequence of his official position, or by illness incurred
in the performance of any particular duty which has the effect of increasing his liability to illness or
injury beyond the ordinary risk attaching to the post which he holds.
(2) The grant of Special Disability leave in such case shall be subject to the further condi-
tions;
 (i) that the disability if due to disease, must be certified by an authorised Medical Attendant
to be directly due to the performance of the particular duty :
(ii) that, if the employee has contracted such disability during service, it must be, in the
opinion of the authority competent to sanction leave, exceptional in character; and
(iii) that the period of absence recommended by an authorised Medical Attendant may be
covered in part by leave under this Regulation and in part by any other kind of leave, and that the
amount of special disability leave granted on leave salary equal to that admissible for earned leave
shall not exceed 120 days.

39. Hospital Leave :-

(1) The authority competent to grant leave may grant hospital leave to :
(a) Class IV employees; and
(b) Such Class III employees whose duties involve the handling of dangerous machinery,
explosive materials, poisonous drugs and the like, or the performance of hazardous tasks, while
under medical treatment in an hospital or otherwise, for illness or injury if such illness or injury is
directly due to risks incurred in the course of their official duties.
(2) Hospital leave shall be granted on the production of medical certificate from an Authorised
Medical Attendent.
(3) Hospital leave may be granted for such period as the authority granting it may consider
necessary, on leave salary;
(i) equal to leave salary while on earned leave, for the first 120 days of any period of such
leave; and
(ii) equal to leave salary during half pay leave, for the remaining period of any such leave.
(4) Hospital leave shall not be debited against the leave account and may be combined with
any other kind of leave which may be admissible provided the total period of leave after such
combination, does not exceed 28 months.
(5) In the case of a person to whom the Workmen‟s Compensation Act, 1923 (8 of 1923
applies, the amount of leave salary payable under this Regulation shall be reduced by the amount
of compensation payable under clause (b) of sub-section (1) of section 4 of the said Act.

40. Quarantine Leave :-

(1) Where, in consequence of the presence of an infectious disease referred to in sub-regu-
lation (2), in the family or household of an employee at his place of duty, residence or sojourn his
attendance at his office is considered hazar-dous to the health of other employees of the Board,
such employee may be granted quarantine leave.
(2) For the purpose of sub-regulation (1) Cholera, Small-pox, plague, Diphtheria, Thohus
fever and Cerebrospinal meningitis may be considered as an infections disease. Chicken-pox
shall not however be considered as an infectious disease. Unless the Medical officer or Public
Health Officer considers that because of doubt as to the true nature of the disease ( for example,
small-pox ) there is reason for the grant of such leave.
 (3) (a) Quarantine leave may be granted by the authority competent to grant leave on the
certificate of a Medical Officer or Public Health Officer for a period not exceeding 21 days or, in
exceptional circumstances 30 days.

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

(4) Quarantine leave, subject to the maximum laid down in sub-regulation (3) may also be
granted, when necessary, in continuation of other leave.

(5) An employee on quarantine leave shall be treated as on duty. No substitute shall be

appointed while he is on such leave.

* 40-A Compulsory Leave :-

The authority empowered to sanction leave may grant compulsory leave to Supervisor ( Ra-
diography ), Radiographer, Junior, Radiographer and Dark Room Assistant subject to the condi-
tions specified hereunder.

(a) Compulsory leave shall be granted for a period of 30 days in one spell every year of
service to recoup health

(b) Out of the 30 days compulsory leave, 15 days shall be granted as half pay leave / half pay
leave commuted into full pay without production of medical certificate subject to eligibility and the
balance 15 days as special extra leave.

(c) Special extra leave shall not count as duty for purpose of earned leave and it shall not be
debited to leave account.

(d) During special extra leave period, leave salary shall be equal to the pay drawn immedi-
ately before proceeding on leave.

(e) If the employee takes regular leave for 30 days or more in one spell in a year, otherwise
than on compulsory grounds, for personal reasons or on account of ill health no compulsory leave
shall be admissible during that particular year.

Notwithstanding the provision contained in sub-regulation (1) regulation 26th commuted leave
specified in this regulation shall be granted without production of medical certificate.

Inserted vide Notfn. dated 26-12-86.

 CHAPTER - VI

41. Conditions for grant of study leave :-

(1) Subject to the conditions specified in this Chapter, study leave may be granted to an
employee with due regard to the exigencies of Bord‟s service to enable him to under go, in or out
of India, a special course of study consisting of higher studies or a technical subject having a
direct and close connection with the sphere of his duty.
(2) Study leave may also be granted :-
(i) for a course of training or study tour in which an employee may not attend a regular
academic or semi academic course, if the course of training or the study tour is certified to be of
define advantage to the Board and is related to sphere of duties of the employees;
(ii) for the purpose of studies connected with the frame work or background of port Admin-
istration, subject to the condition that :-
(a) the particular study or study tour should be approved by the authority competent to grant
leave; and
(b) the employee should be required to submit on his return, a full report on the work done
by him while on Study leave.
(iii) for the studies which may not be closely or directly connected with the work of an em-
ployee, but which are capable of widening his mind in manner likely, to improve his abilities as an
employee and to equip him better to collaborate with those employed in other branches of Board‟s
service.
(3) Study leave shall not be granted unless :-
(i) it is certified by the authority competent to grant leave that the proposed course of study
or training shall be of define advantage from the point of view of the Port Administration.
(ii) it is for prosecution of studies in subjects other than academic or literary subject; and it
is applied for by a Medical Officer for prosecuting a course of post graduate study in medical
science and the applicant obtains a certificate from the Chif Medical Officer of the Port Trust to
the effect that such study shall be valuable in increasing the efficiency of such medical officer in the
performance of his duties; and
(iii) the sanction of the Central Government has been obtained to the grant of necessary
foreign exchange.
(4) Study leave out of India shall not be granted for the prosecution of studies in subjects for
which adequate facilities exist in India or under any of the schemes administered by the Central
Government.
*(5) Study leave may be granted to an employee .
(i) who has satisfactorily completed period of probation and has rendered not less than five
years regular continuous service including the period of probation under the Board;

* Substituted vide Ministry‟s Notification F.No. PR-12016 / 37 / 95-PE-I and published in the
Gazette of India under GSR No. 433 (E) dt. 20-9-96
 *(ii) who is not due to reach the age of superannuation from the Board‟s service within three
years from the date on which he is expected to return to duty after the expiry of the leave; and
*(iii) who executes a bond as laid down in Regulation 45 (2) undertaking to serve the Board
for a period of three years after the expiry of leave.
(6) Study leave shall not be granted to an employee with such frequency as to remove him
from contact with his regular work or to cause cadre difficulties owing to his absence on leave.
42. Maximum amount of Study leave :-
(1) The maximum amount of study leave, which may be granted to an employee shall be
(a) ordinarily twelve months at any one time.
(b) during his entire service twenty-four months in all ( inclusive of similar kind of leave for
study or training granted under any other rules or regulations )
43. Authority competent to sanction Study Leave :-
Study Leave may be granted :
(a) by the Chairman in the case of employees referred to in Clause ( a ) of sub-section (i) of
Section 24 of the Major Port Trust Act, 1963 ( 38 of 1963 );
(b) by Chairman or Deputy Chairman in all other cases.
44. Application for Study Leave :-
(1) (a) Every application for study leave shall be submitted through proper channel to the
authority competent to grant leave.
(b) The course or courses of study contemplated by the employee and any examination
which he proposes to undergo shall be clearly specified in such application.
(c) where it is not possible for the employee to give full details in his appllication or if after
leaving India he is to make any change in the programme which has been approved in India he
shall submit the particulars as soon as possible to the authority competent to grant leave, and shall
not unless prepared to do so at his own risk, commence the course of study or incur any expenses
in connection therewith until he received the approval of the authority competent to grant the study
leave for the course.
45. Sanction of Study Leave :-
(1) A report regarding the admissiblity of the Study Leave shall be obtained from the Finan-
cial Adviser & Chief Accounts Officer in respect of Class I and Class II Officers;
Provided that the study leave if any, already availed of by the employee shall be inluded in the report.
(2) (a) Every employee in permanent employ who has been granted study leave or extension
of such study leave shall be required to execute a bond in Form 6 or Form 7 as the case may be,
before the study leave or extension of such study leave granted to him commences.
* Substituted vide Ministry‟s F.No. PR-12016 / 37 / 95-PE-I and published vide
GSR No. 433 (E) dt. 20-9-96
 (b) Every employee not in permanent employ who has been granted study leave or extension
of such study leave shall be required to execute a bond in Form 8 or Form 9 as the case may be,
before the study leave or extension of such leave granted to him commences.
(c) The authority competent to grant leave shall sent to the Financial Adviser & Chief Ac-
counts Officer of the Board a Certificate to the effect that the employee referred to in clause (a)
or clause (b) has executed the requisite bond.
(3) On completion of the course of study, the employee shall submit to the authority which
granted him the study leave certificates of examinations passed or special courses of study under-
taken, indicating the date of commencement and termination of the course with the remarks if any,
of the authority in charge of the course of study.

46. Accounting of Study Leave and combination with leave of

other kinds :-
(1) Study leave shall not be debited against the leave account of the employee.
(2) Study leave may be combined with other kinds of leave but in no case shall the grant of
this leave in combination with leave other than extra-ordinary leave, involve a total absence of
more than twenty-eight months from the regular duties of the employee.
(3) An employee granted study leave, in combination with any other kind of leave may, if he
so desires, undertake or commence a course of study during any other kind of leave and subject
to the other conditions laid down in Regulations 49 being satisfied, draw study allowance in
respect therefore;
Provided that the period of such leave coinciding with the course of study shall not count as
study leave.

47. Regulation of study leave extending beyond course of study :-

When the course of study falls short of study leave granted to an employee he shall resume
duty on the conclusion of the course of study, unless the previous sanction of the authority compe-
tent to grant leave have been obtained to treat the period of short fall as ordinary leave.

48. Leave salary during study leave :-

*(1) During study leave availed outside India, an employee shall draw leave salary equal to
the pay that the employee will draw while on duty with the Board immediately before proceeding
on such leave and in addition the dearness allowance, house rent allowance and study allowance
as admissible in accordance with the provisions of Regulations 49 to 52.
*(2) (a) During study leave availed in India, an employee shall draw leave salary equal to the
pay that the employee draw while on duty with the Board immediately before proceeding on such
leave and in addition the dearness allowances and house rent allowance as admissible in accor-
dance with the provisions of Regulation 52.

* Substituted vide Ministry‟s F.No. PR-12016 / 37 / 95-PE-I and published vide GSR No.433(E)
dt. 20-9-96
 (b) Payment of leave salary at full rate under clause (a) shall be subject to furnishing of a
certificate by the employee to the effect that he is not in receipt of any scholarship or stipend or
remuneration in respect of any part time employment.
(c) The amount, if any received by an employee during the period of study leave as scholar-
ship or stipend or remuneration in respect of any part-time employment as envisaged in sub-
regulation (2) of Regulation 48 shall be adjusted against the leave salary payable under this sub-
regulation subject to the condition that the leave salary shall not be reduced to an amount less than
that payable as leave salary during half pay leave.
(d) No study allowance shall be paid during study leave for course of study in India.

49. Conditions for grant of study allowance :-

(1) A study allowance shall be granted to an employee who has been granted study leave for
study outside India for the period spent in prosecuting a definite course of study at a recognised
institution or in any definite tour of inspection of any special class of work, as well as for the period
covered by any examination at the end of the course of study.
(2) Where an employee has been permitted to receive and retain, in addition to his leave
salary, any scholarship or stipend that may be awarded to him from a Government or non-Gov-
ernment source, or any other remuneration in respect of any part time employment.
(a) No study allowance shall be admissible in case the amount of such scholarship or stipend
or remuneration ( arrived at by deducting the cost of fees, if any, paid by the employee from the
value of the scholarship or stipend or remuneration ) exceeds the amount of study allowance
otherwise admissible.
(b) In the case the net amount of scholarship or stipend or remuneration is less than the study
allowance otherwise admissible, the difference between the value of the net scholarship or stipend
or any other remuneration in respect of any part time employment and the study allowance may be
granted by the authority competent to grant leave.
(3) Study allowance shall not be granted for any period during which an employee interrupts
his course of study to suit his own convenience.
Provided that the authority competent to grant leave may authorise the grant of study allow-
ance for a period not exceeding 14 days at a time during such interruption if it was due to sick-
ness.
(4) Study allowance shall also be allowed for the entire period of vacation during the course
of study subject to the condition that :-
(a) the employee attends during vacation any special course of study or practical training
under the direction of the authority competent to grant leave;
(b) in the absence of any such direction, he produces satisfactory evidence before the au-
thority competent to grant leave, that he has continued his studies during the vacation.
Provided that in respect of vacation falling at the end of the course of study it shall be allowed
for a maximum period of 14 days.
(5) The period for which study allowance may be granted shall not exceed 24 months in all.
50. Rates of Study Allowance :-
(1) The rates of study allowance shall be as follows :-
Name of Country Study allowance per diem
Australia £ 1.00 (Sterling )
Continent of Europe £ 1.65 ,,
New Zealand £ 1.20 ,,
United Kindgom £ 2.00 ,,
United States of America 2.75 ,,
(2) The rates of study allowance prescribed in sub-regulation (1) shall be revised by the
Board from time to time.
(3) The rates of study allowance to be granted to an employee who takes study leave in any
country other than the one specified in sub-regulation (1) shall be such as may be specially deter-
mined by the Central Government in each case.
51. Procedure for Payment of Study Allowance :-
(1) Payment of study allowance shall be subject to the furnishing of a certificate by the em-
ployee to the effect that he is not in receipt of any scholarship, stipend or any other remuneration
in respect of any part-time employment.
(2) Study allowance shall be paid at the end of every month provisionally subject to an
undertaking in writing being obtained from the employee that he would refund to the Board any
over-payment consequent on his failure to produce the required certificate of attendance or on his
failure to satisfy the authority competent to grant leave about the proper utilisation of the time
spent for which study allowance is claimed.
(3) The certificate of attendance required to be submitted in support of the claims, for study
allowance shall be forwarded at the end of the term if the employee is undergoing study in an educa-
tional institution, or at intervals not exceeding three months, if he is undergoing study at any other institution.
(4) (a) When the programme or study approved does not include, or does not consist en-
tirely of such a course of study, the employee shall submit to the authority competent to grant leave
direct a diary showing how his time has been spent and a report indicating fully the nature of the
methods and operations which have been studied and including suggestion as to the possibility of
adopting such methods or operations to conditions obtaining in the port.
(b) The authority competent to grant leave shall decide whether the diary and report show
that the time of the employee was properly utilised and shall determine accordingly for what peri-
ods study allowance may be granted.
52. Admissibility of Allowances in addition to Study Allowance :-
*(1) For the first 180 days of study leave, house rent allowance shall be paid at the rates
admissible to an employee from time to time at the station from where he proceeded on study
leave, The continuance of payment of house rent allowance beyond 180 days shall be subject to
the production of certificate as prescribed in para 8 (d) of Ministry of Finance O.M. No.2 (
37 ) - EII ( B ) 64, dated 27-11-1965.
*(2) Except for house rent allowance as admissible under sub-regulation (1) and the dearness
allowance and the study allowance where admissible, no other allowance shall be paid to an
employee in respect of the period of study leave granted to him.
* Substituted vide Ministry‟s F.No. PR-12016 / 37 / 95-PE-I and published in the Gazette of
India under GSR No.433(E) dt. 20-9-96
53. Travelling Allowance during Study leave :-
An employee to whom study leave has been granted shall not ordinarily be paid travelling
allowance but the Board may in exceptional circumstances sanction the payment of such allowance.
54. Cost of fees for study :-
An employee to whom study leave has been granted shall ordinarily be required to meet the
cost of fees paid for the study but in exceptional cases, the Board may sanction grant of such fees.
Provided that in no case shall the cost of fees be paid to an employee who is in receipt of
scholarship or stipend from whatever source or who is permitted to receive or retain in addition to
his leave salary, any remuneration in respect of part-time employment.
55. RESIGNATION OR RETIREMENT AFTER STUDY
LEAVE OR *NON COMPLETION OF COURSE OF STUDY
(1) * If an employee resigns or retires from service or otherwise quits service without
returning to duty after a period of study leave or within a period of three years after such return to
duty, or fails to complete the course of study and is thus unable to furnish the certificates as
required under sub-regulation 3 of Regulation 45, he shall be required to refund:-
(i) the actual amount of leave salary, study allowance, cost of fees,travelling and other expenses,if
any,incurred by the Board; and
(ii) the actual amount,if any,of the cost incurred by other agencies such as Foreign
Government,Foundations and Trusts in connection with the course of study ;
together with interest thereon at rates for the time being in force on loans given by the Board,
from the date of demand, before his resignation is accepted or permission to retire is granted or
his quitting service otherwise.
Provided that exceept in the case of employees who fails to complete the course of study
nothing in this regulation shall apply.
(a) to an employee who, after return to duty from study leave, is permitted to retire from
service on medical grounds, or.
(b) to an employee who, after return to duty from study leave, is deputed to serve under the
Govt. of India or any statutory or autonomous body or institution under the control of the Govern-
ment and is subsequently permitted to resign from service under the Board with a view to this
permanent absorption under the Govt. of India or statutory or autonomous body or institution in
the public interest.
(2) (a) The study leave availed of by such an employee shall be converted into regular
leave standing at his credit on the date on which the study leave commenced, any regular leave
taken in continuation of study leave being suitably adjusted for the purpose and the balance of the
period of study leave, if any, which cannot be so converted, treated as extraordinary leave.
(b) In addition to the amount to be refunded by the employee under sub-regulation (1), he
shall be required to refund any excess of leave salary actually drawn over the leave salary admis-
sible on conversion of the study leave.
(3) Notwithstanding anything contained in these regulations, the Board may, if it is necessary
or expedient to do so, either in the interest of the Board or having regard to the peculiar circum-
stances of the case or class of cases, by order waive or reduce the amount required to be re-
funded under sub-regulation (1) by the employee concerned or class of employees.

* Inserted vide GSR No. 433 (E) dt. 20-9-96.

* Substituted vide GSR No. 433 (E) dt. 20-9-96.
 CHAPTER - VII
MISCELLANEOUS

56. Interpretation :-

Where any doubt arises as to the interpretation of these regulatios, it shall be referred to the
Board and its decision shall be final.

57. Power to relax :-

Where the Board is satisfied that the operation of any of these Regulations causes undue
hardship in any partidular case, it may by order for reasons to be recorded in writing, dispense
with or relax the requirements of that Regulation to such extent and subject to such exceptions and
conditions as may be considered necessary for dealing with the case in a just and equitable man-
ner.

*NOTE :- The above powers may be exercised in exceptional cases in which the circumstances
of the case justify relaxation / dispensation of the conditions on which various kinds of
leave are granted eg. submission of medical certificate for grant of leave on medical
ground, operation of maximum ceiling on grant of kind of leave etc. Before issue of an
order in such cases Financial Adviser & Chief Accounts Officer of the Port Trust may
be invariably consulted.

58. Repeal and saving :-

(1) On the commencement of these Regulaltions, the Cochin Port Employees ( Leave ) Regu-
lations, 1964 and the Cochin Port Employees ( Study Leave ) Regulations, 1964 in force immedi-
ately before such commencement and other provisions regarding regulation of leave contained in
the Fundamental regulation of leave contained in the Rules and the Supplimentary Rules of the
Government of India as far as thay are applicable to the employees of the Board, shall, in so far as
it provides for any of the matters contained in these Regulations, cease to operate.

(2) Notwithstanding such cessar of operation, anything done or any action taken or any
leave earned by or granted to or accrued to the credit of an employee under the old regulations /
Rules shall be deemed to have been done, taken / earned / granted or accrued under the corre-
sponding provisions of these regulations.

* Inserted w. e. f. 3-7-1989 vide Notification No. PR-12017 / 1 / 88 PE-I dated 3-7-1989

Published in the Government of India Gazette dated 3-7-1989.
 FORM I
( See Regulation 12 )
APPLICATION FOR LEAVE OR FOR EXTENSION OF LEAVE

1. Name
2. Post held
3. Department, Office and section
4. Pay
5. House Rent and other compensatory
allowance drawn in the present post
6. Nature and period of leave applied
for and date from which required
7. Sundays and holidays, if any proposed
to be prefexied / Suffixed to leave.
8. Grounds on which leave is applied for
9. Date of return from last leave, and
the nature and period of that leave
10. I propose / do not propose to avail
myself of leave travel concession
for the block years..............................
during the ensuing leave.
11. Address during leave period

Signature of applicant
( with date)
12. Remarks and or recommendation of the Controlling Officer-

Signature ( with date )

Certificate regarding admissibility of leave
( By F A & C A O in the case of Class I & Class II employees )

13. Certified that ...................................................................( nature of leave ) for ( period )

............................................................................... from ................................................ to
............................................ admissible under Regulation......................................................
of the Cochin Port Employees ( leave ) Regulations, 1978.
Signature ( with date )
Designation

14. * Orders of the authority competent to grant leave

Signature ( with date )
Designation

* If the applicant is drawing any compensatory allowance, it should also be indicated in the
orders whether on expiry of leave, the employee is likely to return to the same post or to
another post carrying similar allowance.
 FORM. 2
See Reguln. 13
FORM OF LEAVE ACCOUNT

Name of Employee ...........................................................................................................

Date of birth........................................ Date of commencement of continuous service............

................................................................ Date of quasi-permanent / Permanent employment

................................................................ . Date of reitement / resignation ..........................

..........................................................................
EARNED LEAVE
Particulars of Service Completed Earned leave Number of days
in the half year month of service credited extra-ordinary leave
in the half year at the begining availed of during the
for a calender year
of a calendar year of half year previous calendar
Form To half year

1 2 3 4 5

Earned leave Total earned Leave taken No. Balance

to be deducted leave at credit From To of of earned
( 1/10th of the in days ( Column days leave on
period in 4+11- Column 6 ) return
column 5 ) from leave
(Column 7-
Column 10 )
6 7 8 9 10 11
 ON PRIVATE AFFAIRS AND ON MEDICAL
HALF PAY LEAVE
CERTIFICATE INCLUDING COMMUTED
LEAVE AND LEAVE NOT DUE

LEAVE TAKEN

Length of service No. of completed Credit of leave Against the earning

years Leave Leave on half pay
Form To
earned at credit from to No.
(In days) of
(Col. 15 days
+35

12 13 14 15 16 17 18 19

Commuted leave on Commuted leave without medical

medical certificate certificate for studies certified to be
on full pay in public interest ( limited to 180
from to No.of days days half pay leave converted into
90 days commuted leave in entire
service )
From to No. of days

20 21 22 23 24 25

Leave not due limited to 360 days

Leave taken
in entire service

Commuted leave On medical certificate Other wise than

converted into half from to No. days on medical
pay leave twice of certificate
(Column 22 & 25 ) limited to 180
days
From to No. of days

26 27 28 29 30 31 32
Total of leave Total half pay Balance of half Other kinds
not due ( column leave taken pay leave on return of leave
29 + 32 Column 19 + 26 + 33 from leave taken
(column 16-Column 34
33 34 35 36

Note 1: The Earned Leave due should be expressed in days

Note 2: When an employee is appointed during the course of half year of particular calender year,
earned leave should be credited at the rate of 2 1/2 days for each completed calendar month
and the fraction of a day will be rounded off to the nearest day

Note 3: The entries in column 6 should be in complete days. Fraction of a day will be rounded off to
the nearest day.

Note 4: Period of extraordinary leave should be noted in red ink

Note :5 The entries in column 12 and 13 should indicate only in beginning and end of completed
years of service at entries the time the half pay leave commences. Where an employee
completes another year of service while on half pay leave, the extra credit should be shown
in columns 12 to 16 by making suitable additional entries and this should be taken into
account while completing column 35.

* Substituted vide G S R No. 433 (E) dt. 20-9-96

 FORM . 3
( See Regulation 16 )
Medical Certificate for Class I & II Employees Recommended leave or
Extension of Leave or Commutation of Leave

Signature of the employee ........................................

I, ....................................................................................after careful person examination of the

case hereby certify that Shri / Shrimati / Kumari ..............................................................................

whose signature is given above, is suffering from........................................................................ and

I consider that a period of absence from duty of .....................................with effect from.................

is absolutely necessary for the restoration of his / her health.

Dated Chief Medical Officer

of the Port Trust Hospital or in his absence
the Senior most Medical Officer available in
the Hospital or Authorised Medical Attendant
or Civil Surgeon

Note : This form should be adhered to as closely as possible and should be filled in after the signature
of the employee has been taken.

2. No recommendation contained in this certificate shall be evidence of a claim to any leave not
admissible to the employee .
 FORM . 4
( See Regulation 17 )
Medical Certificate for Class III & IV Employees Recommended
leave or Extension of Leave or Commutation of Leave

Signature of the employee ........................................

I, ....................................................................................after careful personal examination of

the case hereby certify that Shri / Shrimati / Kumari ........................................................................

whose signature is given above, is suffering from........................................................................ and

I consider that a period of absence from duty of .....................................with effect from.................

is absolutely necessary for the restoration of his / her health.

Date Medical Officer of the

Port Trust Hospital

OR

Authorised Medical Attendant

............................ Hospital / Dispensary
or other Registered Medical
Practitioner not below the rank of
Asst. Surgeon.

Note:1 The nature and probable duration of the illness should be specified

2 This form should be filled in after the signature of the employee has been taken.

3. Should a second medical opinion be required, the authority competent to grant leave should
arrange for the second medical examination to be made at the earliest possible date by a
medical officer not below the rank of the Chief Medical Officer of the Port Trust or a Civil
Surgeon who shall express an opinion both as regards the facts of the illness and as regards
the necessity for the amount of leave recommended and for this purpose he may either require
the employee to appear before himself or before a medical officer nominated by himself.

4. No recommendation contained in this certificate shall be evidence of a claim to any leave not
admissible to the employee.
 FORM. 5
( See Regulation 22 (3) )
MEDICAL CERTIFICATE OF FITNESS TO RETURN TO DUTY

Signature of the employee ........................................

I, Dr........................................................................hereby certify that I have carefully examined

Shri / Shrimati / Kumari .............................................................................. whose signature is given
above, and find that he / she has recovered from his / her illness and is now fit to resume duties in
Board‟s service. I also certify that before arriving at this decision, I have examined the original medical
certificate (s) and statement (s) of the case (or certified copies thereof) on which leave was granted or
extended and have taken these into consideration in arriving at my decision.

Chief Medical Officer, CPT /

Medical Officer, CPT / Civil
Date Surgeon / Authorised Medical Attendant /
Asst. Surgeon / Registerd Medical Practitioner

Note: The original medical certificate (s) and statement (s) of the case on which the leave was
originally granted or extended shall be produced before the authority required to issue the
above certificates. For this purpose, the original certificate (s) and statement (s) of the case
should be prepared in duplicate one copy being retained by the employee concerned

FORM. 6
( See Regulation 45 (2) )
BOND TO BE EXECUTED BY PERMANENT EMPLOYEE WHEN
PROCEEDING ON STUDY LEAVE

Know ALL MEN BY THESE PRESENTS THAT I, ...................................................resident

of .................................... in the District of ..................................at present employed as ................
in the ....................Department / Office, Cochin Port Trust, do hereby bind myself and my heirs, ex-
ecutors and administrator to pay to the Board, Cochin Port Trust ( hereinafter referred to as the „Board‟
) on demand the sum of Rs.................... ( Rupees...................................................................only )
together with interest thereon from the date of demand at rates prescribed by the Board for the time
being in force on loans granted by the Board, or if payment is made in a country other than India the
equivalent of the said amount in the currency of that country converted at the official rate of exchange
between that country and India AND TOGETHER with all costs between attorney and client and all
charges and expenses that shall or may have been incurred by the Board.
WHEREAS I, .................................................... am granted study leave by the Chairman / Deputy
Chairman, Cochin Port Trust.

AND WHEREAS for the better protection of the Board I have agreed to execute this bond with
such condition as hereunder is written;

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event
of my failing to resume duty or resigning or retiring from service or otherwise quitting service without
returning to duty after the expiry of failing to complete the course of study or at any time within a period
of three years after return to duty, I shall forthwith pay to the Board or as may be directed by the Board
on demand that the said sun of Rs..............................(Rupees..........................................................
..............................................................................)together with interest thereon from the date of
demand at rates prescribed by the Board on loans granted by the Board.

AND upon my making such payment the above written obiligation shall be void and of no effect,
otherwise it shall be and remain in full force and virtue.

The bond shall in respect be governed by the laws of India for the time being in force and the rights and
liabilities here under shall where necessary be accordingly determined by the appropriate courts in
India.

Signed and dated this ....................................................... day of ......................................................

Two thousand and.............................. ............................................

Signed and delivered by ....................................

In the presence of Witness -
(1)
(2)

Accepted

for and on behalf of the Board,

Cochin Port Trust

* Inserted vide G. S. R. No. 433 (E) dt. 20-9-96

 FORM. 7
[ See Regulation 45 (2) ]
Bond To be Executed By a Permanent Employee When
Granted Extension of Study Leave
Know ALL MEN BY THESE PRESENTS THAT I ...................................................resident
of .................................... in the District of ..................................at present employed as ................
..................... in the Department /Office......................................................................Cochin Port
Trust, do hereby bind myself and my heirs, executors and administrators to the Board of Trustees,
Cochin Port Trust ( hereinafter called the „Board‟ ) on demand the sum of
Rs....................................... ( Rupees...................................................................onl y )
together with interest thereon from
the date of demand at rates prescribed by the Board for the time being in force on loans granted
by the Board, or if payment is made in a country other than India, the equivalent of the said
amount in the currency of that country converted at the official rate of exchange between that
country and India AND TOGETHER with all costs between attorney and client and all charges
and expenses that shall or may have been incurred by the Board.
WHEREAS I, ................................................... was granted study leave by the Chairman
/ Deputy Chairman for the period from ...................................to............................. in consid-
eration of which I executed a bond dated ............................... for Rs.....................................
( Rupees .................................................................................only ) in favour of the Board.
AND WHEREAS the extension of study leave has been granted to me at my request
until .............................................................
AND WHEREAS for the better protection of the Board I have agreed to execute this bond
with such condition as hereunder is written;
Now the condition of the above written obligation is that in the event of my failing to resume
duty or resigning or retiring from or otherwise quitting service without returning to duty after the
expiry or termination of the period of study leave or failing to complete the course of study or any
time within a period of three years after my return to duty, I shall forthwith pay to the Board or as
may be directed by the Board on demand the said sum of Rs..................................... ( Rupees
.................................................... only ) together with interest thereon from the date of demand
at rates prescribed by the Board for the time being in force on loans granted by the Board.
AND upon my making such payment, the above written obligation will be void and of no
effect, otherwise it shall be and remain in full force and virtue.
The Bond shall in all respects be governed by the laws of India for the time being in force and
the rights and liabilities here under shall, where necessary, be accordingly determined by the
appropriate courts in India.
Signed and dated this ......................................................... day of ......................................................
two thousand and ............................................
Signed and delivered by ....................................
In the presence of Witness -
(1)
(2)

Accepted
for and on behalf of the Board,
Cochin Port Trust
* Inserted vide G. S. R. No. 433 (E) dt. 20-9-96
 FORM. 8
[ See Regulation 45 (2) ]
BOND TO BE EXECUTED BY TEMPORARY EMPLOYEES
PROCEEDING ON STUDY LEAVE
Know all men by these presents that we ...................................................resident of
.................................... in the District of ..................................at present employed as ................
..................... .........................................Cochin Port Trust ( called the obligor ) and Shri / Shrimati /
Kumari ........................................................... son / daughter of ................................................. of
........................................ ( hereinafter called the sureties ) do hereby jointly and severally bind our-
selves and our respective heirs, executors and administrators, to pay to the Board, Cochin Port Trust
( hereinafter called the Board ) on demand the sum of Rs............................ .........................
( Rupees.................................................................only ) together with interest thereon from
the date of demand at rates prescribed by the Board for the time being in force on loans granted
by the Board, or if payment is made in a country other than India, the equivalent of the said
amount of exchange between that country and India AND TOGETHER with all costs between
attorney and client and all charges and expenses that shall or may have been incurred by the Board.
WHEREAS THE OBLIGOR is granted study leave by the Chairman / Deputy Chairman
AND WHEREAS for the better protection of the Board , the obligor has agreed to execute
this bond with such condition as hereunder is written;
AND WHEREAS the said sureties have agreed to executive this bond as sureties on behalf
of the above bounden;
NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the
event of the obligor Shri / Shrimati / Kumari ..........................................................failing to
resume duty or resigning from service or otherwise quitting without returning to duty after the
expiry or termination of the period of study leave or failing to complete the course of study or at
any time within a period of three years after his return to duty, the obligor and the sureties shall
forthwith pay to the Board or as may be directed by the Board on demand the said sum of
Rs.....................................(Rupees......................................... ............ ....................... ...........
............................................................................................. only ) together with interest
thereon from the date of demand at rates prescribed by the Board on loans granted by the
Board;
AND upon the obligor Shri / Shrimati / Kumari ..............................................................
and or Shri / Shrimati / Kumari ...............................................................................an d or
Shri / Shrimati / Kumari ....................................................................................................th e
sureties aforesaid making such payment the above written obligation shall be void and of no effect,
otherwise it shall be and remain in full force and virture :
Provided always that the liability of the surties hereunder shall not be impaired or discharged
by reason of time being granted or by any for bearance, act or omission of the Board or any
person authorised by them ( Whether with or without the consent or knowledge of the sureties )
not shall it be necessary for the Board to sue the obligor before suing the sureties Shri / Shrimati
/ Kumari .....................................................................an d Shri / Shrimati / Kumari
.....................................................................or any of them for the amount due hereunder.
* Substituted vide G. S. R. No. 433 (E) dt. 20-9-96
The Bond shall in all respects be governed by the laws of India for the time being in force and the
rights and liabilities hereunder shall where necessary be accordingly determined by the appropri-
ate courts in India.
Signed and dated this ................................... day of ......................................................
two thousand and ............................................
Signed and delivered by the obligor above -named Shri / Shrimati / Kumari .......................
.............................................................................. in the presence of
..................................
.........................................
Witness - 1 .................................................
2 .................................................
Signed and delivered by the surety above named Shri / Shrimati / Kumari .......................
.............................................................................. in the presence of
..................................
.........................................

Witness - 1 .................................................
2 .................................................
Signed and delivered by the surety above named Shri / Shrimati / Kumari .......................
.............................................................................. in the presence of
..................................
.........................................

Witness - 1 .................................................
2 .................................................

ACCEPTED
for and on behalf of the Board,
Cochin Port Trust

FORM.9
( See Regulation 45 (2) )
Bond to be Executed By a Temporary Employee when
granted extension of study leave

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

of .................................... in the District of ..................................at present employed as ................
..................... .......................................Department / Office Cochin Port Trust, ( hereinafter called
the obligor ) and Shri / Shrimati / Kumari ........................................................... son / daughter of
............................. of ........................................... of................................................... ( hereinafter
called the surety ) do hereby jointly and severally bind ourselves and our respective heirs, executors
and administrators, to pay to the Board, of Trustees Cochin Port Trust ( hereinafter called the Board )
on demand the sum of Rs............................ ( Rupees....................................................only )
together with interest thereon from the date of demand at rates prescribed by the Board for the
time being in force on loans granted by the Board, or if payment is made in a country other than
India the equivalent of the said amount in the currency of that country converted at the official rate
of exchange between that country and India AND TOGETHER with all costs between attorney
and client and all charges and expenses that shall or may have been incurred by the Board.

WHEREAS the obligor was granted study leave by the Chairman / Deputy Chairman for the
period from ...................................to........................... in consideration of which he executed a
bond dated .......................................................... for
Rs............................................................. ( Rupees
....................................................................................onl y ) in favour of the Board.

AND WHEREAS the extension of study leave has been granted to the obligor at his
request until .............................................................
AND WHEREAS for the better protection of the Board the obligor has agreed to execute
this bond with such condition as hereunder is written;
AND WHEREAS the said sureties have agreed to execute this bond as sureties on behalf of
the above bounden .

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the

event of the obligor Shri / Shrimati / Kumari .........................................................................
resigning from service without returning toduty after the expiry or termination of the course of
study or failing to complete the course of study or any time within a period of three years after his
return to duty, the obligor and the sureties shall forthwith pay to the Board or as may be directed
by the Board on demand the said sum of Rs............................................ ( Rupees
.......................................................... only ) together with interest thereon from the date of de-
mand at rates prescribed by the Board for the time being in force on loans granted by the Board.

AND upon the obligor Shri / Shrimati / Kumari ..............................................................

and or Shri / Shrimati / Kumari ....................................................................................and or
Shri / Shrimati / Kumari ..................................................................................................the
sureties aforesaid making such payment the above written obligation shall be void and of no effect,
otherwise it shall be and remain in full force and virture :
Provided always that the liability of the sureties hereunder shall not be impaired or discharged
by reason of time being granted or by any for bearance, act or omission of the Board or any
person authorised by them ( Whether with or without the consent or knowledge of the sureties )
not shall it be necessary for the Board to sue the obligor before suing the sureties Shri / Shrimati
/ Kumari .....................................................................an d Shri / Shrimati / Kumari
.....................................................................or any of them for the amount due hereunder.
The Bond shall in all respects be governed by the laws of India for the time being in force and
the rights and liabilities hereunder shall, where necessary, be accordingly determined by the
appropriate courts in India.

* Inserted vide G. S. R. No. 433 (E) dt. 20-9-96

FOOT NOTE :- The principal regulations were published in the Official Gazette vide G.S.R.
No. 217 dated 10-2-79 and subsequently amended vide.
1. G.S.R. No. 129 (E) dated 26-12-86
2. G.S.R. No. 75 (E) dated 17-02-93

FORM. 10
[ See Regulation 28 (3) ]
BOND FOR TEMPORARY EMPLOYEES GRANTED
EXTRAORDINARY LEAVE IN RELAXATION OF
REGULATION 28 (2) (IV) FOR STUDY

Know all men by these presents that we ...................................................resident of

.................................... in the District of ..................................at present employed as ................
..................... ...................in the Department / Office of ................................................(
here- inafter called the „Obligor‟ ) and Shri / Shrimati / Kumari
........................................................... son / daughter of ................................................. and Shri
/ Shrimati / Kumari...............................
Son / Daughter of ........................................ ( hereinafter called “the sureties” ) do hereby
jointly and severally bind ourselves and our respective heirs, executors and administrators, to
pay to the Board of Trustees, Cochin Port Trust (and assigns hereinafter called “the Board” ) on
demand the sum of Rs.................................................( Rupees. ................................................
....................................................................................................onl y ) together with
interest thereon from the date of demand at rates prescribed by the Board for the time being in
force on loans granted by the Board, or if payment is made in a country other than India, the
equivalent of the said amount in the currency of that country converted at the official rate of
exchange between that country and India and together with all costs between the attorney and
client and all charges and expenses that shall or may have been incurred by the Board.

Whereas the Board has at the request of the above bounden Shri / Shrimati / Kumari
..........................................................employed as a ..........................................granted him /
her regular leave, followed by extraordinary leave without pay and allowances, for a period of
......................................... months ....................................days ............................ with effect
from in order to enable him / her study at .............................................................................

And whereas the Board has appointed / will have to appoint a substitute to perform the duties
of ...................................... during the period of absence of ......................................................
Shri / Shrimati / Kumari ........................................................................on extraordinary leave.

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

And whereas the said sureties have agreed to executive this bond as sureties on behalf of the
above bounden...........................................
 Now the condition of the above written obligation is that in the event of the above bounden Shri
/ Shrimati / Kumari ......................................................................... failing to rejoin on the expiry of
period of extraordinary leave, the post originally held by him / her and serve the Board after rejoining
for such period not exceeding a period of ...................................... years as the Board may require or
refusing to serve the Board in any other capacity as may be required by the Board on a salary to which
he / she should be entitled under the rules, the said Shri / Shrimati / Kumari............................................
as his / her executors and administrator shall forthwith pay to the Board on demand the sum of
Rs.............................................. together with interst thereon from the date of demand at the
rates prescribed by the Board for the time being in force on loans granted by the Board.
AND upon the obligor Shri / Shrimati / Kumari .............................................................. and or
Shri / Shrimati / Kumari ..............................................................and or Shri / Shrimati / Kumari
....................................................................the sureties aforesaid making such payment the above
written obligation shall be void and of no effect, otherwise it shall be and remain in full force and virture .
Provided always that the liability of the sureties hereunder shall not be impaired or discharged by
reason of time being granted or by any for bearance, act or omission of the Board or any person
authorised by them ( Whether with or without the consent or knowledge of the sureties ) not shall it be
necessary for the Board to sue the obligor before suing the sureties Shri / Shrimati / Kumari
......................................................................................................and Shri / Shrimati / Kumari
.....................................................................................or any of them for the amount due hereunder.
The Bond shall in all respects be governed by the laws of India for the time being in force and
rights and liabilities hereunder shall, where necessary be accordingly determined by the appro-
priate courts in India.
Signed and dated this ................................... day of ......................................................
two thousand and ............................................
Signed and delivered by the obligor above -named Shri / Shrimati / Kumari .......................
.............................................................................. in the presence of
..................................
.........................................
Witness - 1 .................................................
2 .................................................
Signed and delivered by the surety above named Shri / Shrimati / Kumari .......................
.............................................................................. in the presence of
..................................
.........................................
Witness - 1 .................................................
2 .................................................
Signed and delivered by the surety above named Shri / Shrimati / Kumari .......................
.............................................................................. in the presence of
..................................
.........................................
Witness - 1 .................................................
2 .................................................
ACCEPTED
For and on behalf of the Board,
Cochin Port Trust
* Substituted vide G. S. R. No. 433 (E) dt. 20-9-96
LIST OF INSTITUTIONS RECOGNISED FOR TREATMENT OF
TUBERCULOSIS
[ See Regulation, 28 (2) (iii) (a) ]

I. Andhra Pradesh
1. Government Welfare Fund T.B. Hospital, Nellore
2. Government King George Hospital, Visakhapatnam]
3. Union Mission T.B. Sanatorium Arogyavaram, Chittoor Dist.
4. Visranthipuram Sanatorium Rajahmundry
5. T.B. Hospital, Iramnuma
6. T.B. Sanatorium, Vikarabad ( Ananthgiri )
7. T.B. Clinic, Dibirpura.

II. Assam
1. Reid Provincial Chest Hospital, Shillong.
2. Lokapriya Gopinath Bardolac Memorial T.B. Hospital.
Gopinath Nagar, Gauhati.
3. Jorhat Christian Mission Hospital, Jorhat.
4. Burrows Memorial Hospital, Alipur Silchar.
5. American Baptist Mission Hospital, Gauhati.

III. Bihar
1. Itki Sanatorium, Itki
2. Patna Medical College Hospital, Patna,
3. Ramakrishna Mission T.B. Sanatorium Ranchi.
4. Mahadevi Birla T.B. Sanatorium P.O. Numkum Near Ranchi
5. Darbhanga Medical College Hospital, Darbhanga.
6. Tuberculosis Centre, Patna.

IV. Gujarat
1. V.C. Nath T.B. Sanatorium Bharapur
2. K.J. Mehta T.B. Hospital, Amargarh ( via Songadh ).
3. Padmavati Sanatorium Baroda.
4. Salvation Army T.B. Hospital Anand, Dist., Kaira.
5. Shri A.V. Jasani T.B. Hospital, Kotharia.

V. Jammu and Kashmir

1. C.D. Hospital, Jammu
2. C.D. Hospital, Srinagar.
VI. Kerala
1. Kerala Varma Sanatorium, Mulakunnathukavu.
2. T.B. Clinic and Demonstration Centre, Trivandrum.
3. T.B. Clinic attached to the District Hospital, Kottayam.
4. T.B. Clinic, Palluruthy.
5. Civil Hospital, Trichur.
6. Government Headquarters Hospital, Calicut.

VII. Karnataka
1. P.K. Sanatorium, Mysore.
2. S.D.S. Sanatorium, Bangalore.
3. Government Tuberculosis Sanatorium Bangalore.
4. Karnataka Health Institute Hospital and Sanatorium ,Ghattaprabha ( District Belgam ).
5. Government Wellesley Tuberculosis Sanatorium, Bellard.

VIII. Madhyapradesh
1. Tuberculosis Clinic, Jabalpur.
2. Tuberculosis Sanatorium, Pendra Road.
3. T.B. Ward, J.A. Hospital, Gwalior.
4. T.B. Ward M.T. Hospital, Indore.
5. T.B. Sanatorium, Rao ( Indore ).

IX. Maharashtra
1. Bel-Air Sanatorium, Dalkeith, Panchangani.
2. Hillside Sanatorium, Vengurla
3. Wanless Tuberculosis Sanatorium, Wanleswadi, Satara Distt.
4. Group of Hospitals for Tuberculosis, Bombay.
5. Telegaon General Hospital & Convalescent Home, Telegaon Dadhade, District Poona.
6. Hospital for Diseases of the Chest, Camp Aundh, poona.
7. Maharashtra T.B. Sanatorium, Panchavati, Nasik.
8. Tuberculosis Clinic, Nagpur.
9. T.B. Wing of Evangeline Booth Hospital, Ahamednagar.
10. Tuberculosis Sanatorium, Buldana.

X. Orissa
1. T.B. Clinic and T. B. Ward attached to the S.C.S. Medical College Hospital, Cuttack.
2. T.B. Hospital, Uditnarayanpur ( near Bhowanipatna ).
3. Basant Manjari Swasthya Nibas, Chandpur.
XI. Punjab
1. Lady Irwin Sanatorium, Jubar.
2. King Edward Sanatorium, Dharampore.
3. Victoria Jubilee Hospital, Amristar.
4. R.B. Sir Gujarmal Kesra Dev Sanatorium, Amristar.
5. T.B. Clinic, Patiala.
6. Harding Sanatorium, Dharampore ( Simla Hills ).
7. Gulab Devi Tuberculosis Hospital, Jalandhar.

XII. Rajasthan
1. T.B. Sanatorium, Jaipur.
2. G. G. J. T. B. Hospital, Bikaner.
3. T.B. Clinic, Jodhpur.
4. M.G. Hospital, Jodhpur.
5. Madar Union Sanatorium, Madar.
6. P. M. B. General Hospital, Bikaner.

XIII. TamilNadu
1. Government Tuberculosis Institute, Madras.
2. Government General Hospital, Madras.
3. General Tuberculosis Sanatorium, Tambaram.
4. Santosham Chest Hospital, Egmore.
5. Coimbatore T.B. Sanatorium, Peelamedu P. O., Avanashi.
6. Govt. Headquarters Hospital, Coimbatore
7. Coimbatore District Jubilee Tuberculosis Sanatorium.
Perundurai, Coimbatore District.
8. Government Headquarters Hospital, Tanjore.
9. Mahatma Gandhi Memorial Tuberculosis Sanatorium,
Sengipatti ( Tanjore District )
10. Government Headquarters Hospital, Tiruchirappalli.
11. Rajaji Tuberculosis Sanatorium, Tiruchirappalli.
12. Government Erskine Hospital, Madurai.
13. Tuberculosis Hospital Nagercoil.
14. Somanathapuram T.B. Sanatorium, Ramnad District.
XIV. Uttar Pradesh
1 K.E. VII Sanatorium, Bhowali.
2. King George Medical College Hospital, Lucknow.
3. Kasturba T. B. Clinic and Hospital Lucknow.
4. Central Chest Clinic, Kanpur.
5. T.B. Sanatorium Dakpathar, Dehra Dum Dist.
6. T.B. Clinic, Allahabad.
7. Brij Seva Samti T.B. Sanatorium, Vrindavan ( Mathura ).

XV. West Bengal

1. Jadabpur Tuberculosis Hospital, Jadabhur.
2. Kanchrapara Tuberculosis Hospital.
3. S.B. Dey Sanatorium, Kurseong.
4. T.B. Clinic attached to the Calcutta Medical College,Calcutta.
5. M.R. Bangur T.B. Sanatorium, Digri, Midnapur.
6. Medical Ward ( T.B. ) attached to R.G. Kar Medical College Hospital, Calcutta.
7. Bhabendra Bala Debi Chest Clinic, Serampore.
8. Serampore T.B. Hospital Serampore.

XVI. Delhi
1. Silver Jubilee Tuberculosis Hospital, Delhi
2. Tuberculosis Clinic, Queens Road, Delhi.
3. New Delhi Tuberculosis Centre New Delhi.
4. Ramakrishna Mission Free Tuberculosis Clinic, Karol Bagh, New Delhi.
5. Lala Ram Sarup T.B. Hospital, Mehrauli, Delhi.

XVII. Himachal Pradesh

1. Himachal Pradesh Sanatorium, Mandhodhar near, Dearampore.
2. Government T. B. Clinic, Mandi.
3. T.B. Clinic, Chamba.
4. Simla Sanatorium and Hospital, Simla.
5. T.B. Sanatorium, Mandodhar.
6. King Edward T.B. Sanatorium, Dharampur ( T.B. Association ).
7. Lady Linlithgow Sanatorium, Kasamli.
8. T.B. Sanatorium, Jubben ( Mission Private ).

Inserted vide G.S. R. 75 (E) Dt. 17-2-93.

 THE COCHIN PORT TRUST EMPLOYEES
( FAMILY WELFARE ) REGULATIONS, 1980
1. Short Title and Commencement : (i) These regulations may be called
The Cochin Port Trust Employees ( Family Welfare ) Regulations 1980.
(ii) They shall come into force on the date on which Central Government‟s approval thereto
is published in the Official Gazette.

2.Application : These Regulations shall apply to all employees of the Board including „B‟
Category Workers but shall not apply to those employees who are on deputation from other
organisations in the service of the Board and those who are permanent employees of the Board
and are on deputation for the time being to other organisations.

3.Object : The object of these Regulations is to ensure some immediate financial relief to
the families of the employees who die while in service and who are medically incapacitated for
further continuance in Trust‟s service, and also to provide some terminal benefits at the time of
retirement.

4.Definition: In these Regulations, unless the context otherwise requires:-

(a) „Board‟ and “Chairman‟ shall have the meanings assigned to them under the Major Port
Trusts Act, 1963.
(b) „Fund‟ means the Cochin Port Trust Family Security Fund.
(c) „Committee‟ means the committee constituted under regulation 6.
(d) „Employee‟ means an employee of the Board other than casual labour.

5.Constitution of the Fund : The Board shall constitute a Fund by contributions

from the employees and the Board as under.
(a) Every employee shall make monthly contribution of Rs. 10 to the Fund to be recov-
ered from his monthly pay bill.
(b) The Board shall make an annual contribution of Rs. 3 Lakhs to the Fund at such intervals
as may be decided upon by the Chairman from time to time.
(c) The interest accumalated thereon from time to time.
(d) The Quantum of contribution by the Board and the employees will be subject to alieration
by the Board in the light of the average annual number of casualities from time to time.

6.Administration of the Fund:

(a) A Committee consisting of three officers nominated by the Chairman shall administer the
fund.
(b) The accumulations in the Fund shall be invested by the committee in any of the nationalised
banks and in the manner prescribed by the Board from time to time.
7.Advisory Committee: An Advisory committee consisting of three officers of the
Management other than those nominated for administering the Fund and the Labour Trustees of
the Board shall be constituted by the Chairman to advise him on the administration of the
Regulations.

8.Quantum of Assistance:
(1) A lump sum payment as indicated below shall be made:
(a) to the nominee of every employee who dies while in service Rs. 15,000/- *
(b) to the employee who becomes totally disabled for further employment due to acci-
dent while on duty making him lose 100% earning capacity as scheduled in the workmen‟s
compensation Act- 1923 as amended from time to time.

Category Amount
(i) In respect of an employee who is due to retire
within 1 year from the date of his joining the
Fund Rs. 2,000/-
(ii) In respect of an employee who is due to retire
after 1 year but not later than 2 years from
the date of his joining the Fund. Rs. 4,000/-
(iii) In respect of an employee who is due to retire
after 2 years but not later than 3 years from
the date of his joining the Fund Rs. 6,000/-
(iv) In respect of an employee who is due to retire
after 3 years from the date of his joining the
Fund. Rs. 10,000/-

Note: For this purpose Provident Fund nomination holds good in the absence of a nominee,
the amount shall be paid to the person to whom the pensionary benefits are normally
payable.
(2)(a) An employee who superannuates or retires voluntarily or is retired compulsorily
otherwise than as a measure of disciplinary action or invalidated from service during the periods
specified below shall be entitled to a lump sum payment as indicated against each

Period Amount
(i) Within 1 year from the date of his joining
the Fund Rs. 1,000/-
(ii) After 1 year but not later than 2 years
from the date of this joining Fund Rs. 2,000/-

* Substituted w. e. f. 5-12-86 vide Notification No. PW / PER - 15 / 85 dt. 5-12-86 published

under G.S.R. No. 1260 (E)
 Period Amount
(i) After 2 years, but not later than 3 years from
the date of his joining the Fund. Rs. 3,000/-
(iv) After 3 years, from the date of his joining the
Fund . Rs. 5,000/-
(b) An employee who is compulsorily retired, discharged, dismissed or removed from ser-
vice as a penalty or who resigns his post, shall be entitled to receive back the entire contribution
made by him together with the same percentage of interest applicable to Provident Fund accounts
computed at the end of every year or Rs.5,000/- whichever is less.

9.General: (a) The payment from the Fund shall be in addition to the other terminal ben-
efits and statutory payments if any, to which the family of the deceased or the medically incapaci-
tated employee is entitled to.
(b) The procedure for the payment shall be as laid down by the Chairman from time to time.
(c) The contribution made by the employee to the Fund shall not be refunded except as
provided for in sub-regulation (2) of Regulation 8.
(d) The decision of the Chairman shall be final in respect of all matters connceted with the
Fund.

( Approved by the Government of India vide Ministry of Shipping & Transport ( Ports Wing. )
Notification No. PW-PEX-36 /79 dated 31-7-81. published under G. S. R. No.769 in part II
section 3, sub-section (i) of the Gazette of India dated 15th August, 1981 and effective from
15-8-1981 )
 THE COCHIN PORT TRUST ( RECRUITMENT OF
HEADS OF DEPARTMENT ) REGULATION, 1991

MINISTRY OF SURFACE TRANSPORT

( Ports Wing ) NOTIFICATION
New Delhi, the 3rd April, 1991.
G.S.R. 200 (E) - In exercise of the powers conferred by sub-section (1) of section 124,
read with sub-section (1) of Section 132 of the Major Port Trusts Act, 1963 (38 of 1963 ), the
Central Government hereby approves the Cochin Port Trust ( Recruitment of Heads of Depart-
ment ) Regulations, 1991 made by the Board of Trustees for the Port of Cochin and set out in the
schedule annexed to this notification
2. The said regulations shall come into force on the date of publication of this notification in
the official Gazette.
In exercise of the powers conferred by section 28, read with Section 124, of the Major Port
Trust Act, 1963 (38 of 1963 ), the Board of Trustees of the Port of Cochin hereby makes the
following Regulations, namely:-

1. Short title and Commencement:- These Regulations may be called the

“Cochin Port Trust ( Recruitment of Heads of Department ) Regulations, 1991”.

2. Application :-They shall apply to all posts covered by clause (a) of sub-section (1) of
Section 24 of the Act.

3. Definitions :- In these Regulations unless the context otherwise requires;

(a) “Act” means the Major Port Trusts Act, 1963 (38 of 1963);
(b) “Appointing Authority” means the authority empowered under the Act to make appointment
to that post;
(c) “Board”, “Chairman”, “Deputy Chairman” and “Head of Department” have the meanings
respectively assigned to them under the Act:
(d) “Direct recruit” means a person recruited upon application for direct recruitment to a post of
Head of Department on the basis of an examination or interview, or both, and includes a
person already in the Board‟s service who may, upon application for direct recruitment, be
allowed to appear for such examination or interview, or both, and is selected;
(e) “Schedule” means the Schedule appended to these Regulations;
(f) “Scheduled Castes” and “Scheduled Tribes” shall have the meanings assigned to them in
clauses (24) and (25) of article 366 of the Constitution of India;
 (g) “Selection post” means a post to which appointment is to be made on the basis of merit;
(h) “Selection Committee” means the Committee constituted under Regulation 11 for the
purpose of making recommendation for transfer / deputation / promotion or direct re-
cruitment of a candidate to a post of Head of Department;
(i) “Analogous posts” means a post of which the duties and level of responsibilities and / or
the pay ranges are comparable to those of the post to which selection is to be made.
(j) “Employee on probation” means the incumbent appointed to the post on probation under
these Regulations and in whose case the successful completion of probation period has
not yet been ordered by a Competent Authority.

4. Appointment :- All appointments to posts of Heads of Department to which these

Regulations apply shall be made in accordance with the provisions of these Regulations. Appoint-
ments may be made either by promotion, transfer or deputation of employees or by direct Re-
cruitment.

5. Method of Recruitment :- The method of recruitment, the qualifications in

respect of age, education, training, requirements of minimum experience, essential and / or desirable
classification of posts as selection posts and other matters connected with the appointment to various
posts shall be as shown in the Schedule.

Provided that the prescribed uper age limit may be relaxed -

(i) by the Central Government upto 5 years where the minimum experience prescribed is 10
years or more and up to 3 years where the minimum experience prescribed is 5 to 9 years;

(ii) in the case of a candidate belonging to SC or ST, in accordance with such orders as the
Central Govt, may issue from time to time for appointment to services or posts under it in
favour of Scheduled Castes and Scheduled Tribes

*Provided further that the prescribed educational and other qualifications may, for good and suffi-
cient reasons, which are to be recorded in writing be relaxed by the Central Government if the candi-
date is otherwise well qualified and found suitable.

6. Probation :- (1) Every person appointed to a post of Head of Department specified in

column (1) of the Schedule, whether by direct recruitment or by promotion or transfer / deputation,
shall, subject to the provisions of sub-regulation (2) and sub-regulation (3) of Regulation 8 be on
probation for a period of 2 years

(2) The period of probation may, if the appointing authority deems fit be extended for a specific
period at a time, but the total period of such extensions shall not, save where any extension is necessary
by reason of any departmental or legal proceedings pending against the employee exceed the initial
period of the probation prescribed.

* ( Inserted vide G. S. R. No. 645 (E) dated 19-9-95 )

7. Confirmation :- (1) When a person appointed on probation to a post of Head of
Department has completed his probation to the satisfaction of the appointing authority, the appointing
authority shall convey its approval to that effect within a period of six weeks after the probation is over:
He shall also be eligible for confirmation in that post if he is not confirmed in a lower post earlier held
by him under the Board.
(2) Until a Head of Department on probation is confirmed / declared to have completed proba-
tion to the satisfaction of the appointing authority under this regulation or is discharged or reverted
under Regulation 8, he shall continue to have the status of an employee on probation.
8. Discharge or reversion of Head of Department on proba-
tion :- (1) A person appointed on probation to a post of Head of Department who has no lien on
any post shall be liable to be discharged from service at any time if on the basis of his performance or
conduct during the period of probation, he is considered unfit for further retention in service;
(2) A Head of Department on probation who holds a lien on a post may be reverted at any time
in the circumstances specified in sub-regulation (1).
(3) A Head of Department on probation *who has not completed probation to the satisfaction of
the appointing authority, at the end of the period of probation prescribed in Regulation 6, shall be
discharged or reverted in accordance with sub-regulation (1) or sub-regulation (2), as the case may be
9. Application for Direct Recruitment :- A candidate for appointment by
direct recruitment shall apply before such date, in such form and in such manner as may from time to
time, be prescribed by the Chairman. He shall also submit such proof of his age, qualifications or
experience, as the Chairman may require.
10. Eligibility and Disqualifications for Direct Recruitment :-
(1) in order to be eligible for direct recruitment to a post of Head of Department, a candidate
must be -
(a) A citizen of India: or
(b) A subject of Nepal: or
(c) A subject of Bhutan: or
(d) A Tibetan or refugee who came over to India before the Ist January, 1962, with the intention
of permanently settling in India, or
(e) A person of Indian origin who has migrated from Pakistan, Bangladesh, Burma Shrilanka or
the East African countries of Kenya, Uganda or the United Republic of Tanzania formerly ( Tanganika
and Yanjibar ) with the intention of permanently settling in India.
Provided that a candidate belonging to category (a) shall produce such proof of his nationality, as
the Chairman may, from time to time require;
Provided further that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in
whose favour a certificate of eligibility has been issued by the Government of India:
(2) No person :-
(a) Who has entered into or contracted a marriage with person having a spouse living or

* G. S. R. No. 645 (E) dt. 19-9-95

( Deleted vide G. S. R. No. 645 (E) dated 19-9-95 )
 (b) Who having a spouse alive, has entered into or contracted a marriage with any other person,
shall be eligible for appointment to any grade or post to which these Regulations apply;
Provided that the appointing authority may, if satisfied that such marriage is permissible under
the personal law applicable to such person and the other party to the marriage and there are
other grounds for so doing exempt any person from the operation of this sub-regulation.
(3) A candidate must satisfy the appointing authority that his character and antecedents are
such as to make him suitable for appointment to any grade or post. No candidate who has been
convicted by a Cout of Law for any offence involving moral turpitude or who has been adjudged
as an insolvent shall be eligible for appointment.
(4) If any question arises whether a candidate does or does not satisfy all or any other re-
quirements of this regulation, the same shall be decided by the Central Government.
(5) The Central Government, may modify or waive any of the requirements of sub-regulation
(1) when an appointment for work of a special nature is to be made and it is not practicable to
obtain a suitable candidate who fullfils the requirements of these regulations.
(6) Physical fitness of candidate - A candidate shall be in good mental and bodily health and
free from any physical defects likely to interfere with the discharge of his duties as a Head of
Department. A candidate who, after such medical examination as the appointing authority may
specify is found not to satisfy those requirements will not be appointed provided that a candidate
already in the service of the Board or any other Central Government organisation shall not be
required to undergo such medical examination.

11. Selection Committee :- (1) A Selection Committee may be constituted to

advise and assist the appointing authority in the matter of making selection of candidates for ap-
pointment to posts of Heads of Department.
(2) The Selection Committee shall be composed of the following persons, namely :-
(i) Additional Secretary / Joint Secretary to the Government of India, Ministry of Surface
Transport.
(ii) Chairman, Cochin Port Trust.
(iii) Any other officer having wide experience as may be nominated by the Central Government.
*(3) The selection for the post will be by merit for which bench mark in the overall gradings in the
ACRs should not be below “ Very Good ”

12. Manner of Recruitment :- (1) (a) When a post of Head of Department to

which these regulations apply falls vacant and is to be filled by promotion transfer / deputation, the
Chairman shall forward to the appointing authority names, age, qualifications, experience and
other relevant particulars of all officers who are eligible for promotion / transfer / deputation to the
post, together with his recommendations. Whenever the schedule provides for deputation also,
the Chairman may, if considered necessary or if directed by the Central Government call for
applications from eligible candidates from other Major Port Trusts / Central / State Governments /
Public Sector Units / Autonomous bodies.
* Inserted vide Ministry‟s Notification No.PR-12012 / 2 / 2002 - PE-I and published in the
Gazette of India under GSR No.876 ( E) dated 7.11.03
 (b) The Appointing Authority may, on receipt of such information either :-

(i) Make an appointment by promotion / transfer / deputation from amongst the candidates
so sponsored, or

(ii) refer the candidates to the Selection Committee referred to in Regulation 11 with direc-
tions to scruitinise the case and make appropriate recommedation and then make an
appointment by promotion / transfer / deputation on the basis of such recommendation, or

(iii) direct that the vacancy be filled by direct recruitment in the manner laid down in these
regulations,

(2) All appointments by direct recruitment shall be made by the appointing authority on the
recommendations of the Selection Committee; provided that it shall be open to the
appointing authority, for reasons to be recorded in writing, not to accept such
recommedation in any particular case.

13. Advertisement of Posts :- Vacancies intended to be filled by direct recruit-

ment shall be advertised* in the Regional as well as National News papers, and a copy of the
advertisement shall be sent to the local Employment Exchange.

14. Canvassing Support shall be Disqualification:- Any endeavour

on the part of a person or his relations or friends to canvass support by direct or indirect method for his
application for appointment to a post of Head of Department to which these regulations apply shall
disqualify him for the appointment.

15. Suppression of Facts :- Any candidate who is found to have knowingly furnished
any particulars which are false or to have suppressed material information of a character which, if
known, would ordinarily have debarred him from getting an appointment in the Board‟s service is liable
to be disqualified and, if appointed, to be dismissed from service.

16. Eligibility of existing Employees for Direct Recruitment :-

When the posts required to be filled by direct recruitment are advertised, employees already in service
may also apply, provided that they possess the prescribed qualifications and experience.

17. Cancellation of appointment orders :- *If a candidate selected for

direct appointment to a post fails to join duty within 30 days of the date of issue of the appointment
order or within such extended period as the appointing authority may fix, the appointment order shall be
deemed to have cancelled.

*( Substituted vide G. S. R. No. 645 (E) dated 19-9-95 )

*( Inserted vide G. S. R. No. 645 (E) dated 19-9-95 )
18. Payment of Travelling Allowance for Attending Interviews :-
All candidates called for interview and / or written test in connection with selection to a post shall
be entitled to reimbursement of travel expenses from the place of posting residence to the venue of
interview / written test and back by rail in first class or the actual expenditure whichever is less.

19. Interpretation :- If any question arises as to the interpretation of these regulations or

in respect of any matter not herein above or subsequently provided for, the same shall be decided by
the Central Government.

20. Repeal and savings :- All Regulations, procedures, practices and customs corre-
sponding to these regulations and in force immediately before the commencement of these regulations
are hereby repealed :

Provided that any order made or action taken under the regulations, procedures, practices and
customs so repealed shall be deemed to have been made or taken under the corresponding provisions
of this regulations.

( No PR-12012 / 7/70-P.E.-I )
ASHOK JOSHI, Jt. Secretary

( Published in part II, Section 3, Sub/section (1) in the extra ordinary Gazette of India dated 3-4-1991
under G. S. R. 200 (E) dated 3-4-1991.
Name of No. of Classifi- Scale of Whether Age limit Educational Qualification Experi-
selection for direct ence required for direct recruits
Post Posts cation pay or non-
selection recruit-
ment
1 2 3 4 5 6 7
*Chief 1 Class -I Rs. Selection 45 years (a) Educational Qualification :
Medical 17500- Should be a Medical Graduate of
Officer 22300 Recognised University with Post
Graduate Degree / Diploma in any or-
der of Medical science
(b) Experience :
Should have atleast 15 years profes-
sional experience including atleast 5
years administrative experience in any
Major Hospital belongoing to Major
Port Trust / Govt. or Semi-Govt.
Depts. / Autonomous or Public Sec-
tor Organisation

(b) Educational of pro- whether by direct recruit- deputations / transfer,

Qualification / grades from which it
bation, if ment or by promotion or
Experience pre- should be made.
any. transfer.
scribed for di-
rect recruits will
apply in the case
of promotion by
various methods.
8 9 10 11 12
Age : No 2 Years By promotion / transfer By Promotion :
Qlfn : Yes on absorption basis from Officers with 2 years regular
the Major Ports, failing service in the post of Dy. Chief
Medical Officer or Resident
which by transfer / depu- Medical Officer with 5 years
tation from Govt./ Semi- regular service in the grade or
Govt. Organisations / Asst. Medical Officer (SG)
PSUs / Autonomous with 6 years regular service in
bodies, failing which by the grade
By Transfer on Absorption
direct recruitment Basis
Officers holding analogous
posts or with 5 years regular
service in the grade equivalent
to Dy, Chief Medical Officer
in Major Port Trust.
By Transfer / Deputation :
Officers from Govt./ Semi-
Govt./ PSUs/Autonomous
bodies holding analogous
posts or with 5 years regular
service in the grade equivalent
to Dy. Chief Medical Officer
in a Major Port Trust.
 1 2 3 4 5 6 7
*Financial 1 Class -I Rs. Selection 45 years (a) Essential :
Adviser & 18500- Membership of the Institute of the
Chief 23900 Chartered Accountants of India
Accounts (C.A)/Membership of the Institute
Officer of Cost and Works Accountants of
India (ICWA)
(b) Experience :
Not less than 5 years experience in
a Managerial position in a Finance
Dept. of Major Port Trust / Govt.
or Semi-Govt. Dept./Public Sector
Undertaking / Autonomous Bodies.

8 9 10 11 12
Age : No Qlfn : 2 Years By promotion / transfer on Promotion :
Yes Except to absorption basis from the Dy. Financial Adviser / Dy.
Officers belong- Major Ports, failing which Secretary / Cost Accounts
ing to organised by transfer / deputation Officer with 5 years regular
Central Audit & from Govt./ Semi-Govt. service in the grade.
Accounts Organisations / PSUs / Transfer on Absorption
Services & Autonomous bodies, fail- Basis
Departmental ing which by direct re- Officers holding analogous
candidates cruitment posts or having 5 years regu-
withSAS lar service in the post equiva-
qualification lent to Dy. Financial Adviser /
Dy. Secretary and above in a
Major Port Trust.
By Transfer / Deputation :
Officers from Govt./ Semi-
Govt./ PSUs/Autonomous
bodies holding analogous
posts or with 5 years regular
service in the grade equivalent
to Dy. Financial Adviser / Dy.
Secretary in a Major Port
Trust
 1 2 3 4 5 6 7
* Secre- 1 Class -I Rs. Selection 45 years (a) Essential :
tary 18500-
(i) Educational :
23900
Degree of a Recognised University
or equivalent.
(ii) Experience :
15 years experience in a Manage-
rial position dealing with administra-
tion, Personal General Management
or Finance and Accounts in a Ma-
jor Port Trust / Govt. or Semi-Govt.
Dept / Public Sector undertaking /
Autonomous Bodies.
(b) Desirable :
MBA / ACS / Bachelors Degree in
law

8 9 10 11 12
Age : No 2 Years By promotion / transfer Promotion :
Qlfn : Yes on absorption basis from Dy. Secretary / Dy. Financial
the Major Ports, failing Adviser / with 5 years regular
which by transfer / depu- service in the grade
tation from Govt./ Semi-
Transfer on Absorption
Govt. Organisations /
Basis
PSUs / Autonomous
Officers holding analogous
bodies, failing which by
posts or with 5 years regular
direct recruitment
service in the post of Dy. Sec-
retary or equivalent and
above in a Major Port Trust.
By Transfer / Deputation :
Officers from Govt./ Semi-
Govt. PSUs/Autonomous
bodies holding analogous
posts or with 5 years regular
service in the grade equivalent
to Dy. Secretary in a Major
Port Trust
 1 2 3 4 5 6 7
Chief 1 Class -I Rs. Selection 45 years (a) Educational :
Mechanical 18500- Degree in Mechanical or Electrical
Engineer 23900 Engineering from a Recognised Uni-
versity or equivalent or Ist Class
(Motor) MOT Certificate of Com-
petency or equivalent.
(b) Experience :
15 years experience in a Manage-
rial capacity dealing with Mechani-
cal/ Electrical or Marine Engg.
works in a Major Port Trust / Govt.
or Semi-Govt. Establishments / Pub-
lic Sector undertaking / Autono-
mous Organisation.
(c) Desirable :
Post Graduate Degree / Diploma in
Personal Management / Industrial
Relations/ Bachelor Degree in law.

8 9 10 11 12
Age : No 2 Years By promotion / transfer on Promotion :
Qlfn : Yes absorption basis from the Superintending Engineer (M)
Major Ports, failing which with 2 years regular service /
by transfer / deputation Dy. Chief Mechanical Engi-
from Govt./ Semi-Govt. neer/ Dy.Chief Engineer (Ele.)/
Mechanical Supdt./ Dredging
Organisations / PSUs /
Supdt. with 3 years regular
Autonomous bodies, fail- service in the respective grade
ing which by direct re- / Asst. Dredging Supdt. and
cruitment C.E. (Flotilla)with 6 years
regular service in the grade.
Transfer on Absorption
Basis
Officers holding analogous
posts or having 5 years ex-
perience in the post equivalent
to Dy. Chief Mechanical En-
gineer and or above in a Ma-
jor Port Trust.
By Transfer / Deputation :
Officers from Govt./ Semi-
Govt./ PSUs/Autonomous
bodies holding analogous
posts or with 5 years regular
service in the grade equivalent
to Dy. Chief Mechanical En-
gineer in a Major Port Trust
 1 2 3 4 5 6 7
*Deput y 1 Class -I Rs. Selection 45 years (a) Essential :
Conserva- 18500- (i) Professional :
tor 23900 Certificate of competency as Mas-
ter of Foreign Going vessel issued
by Ministry of Surface Transport or
equivalent.
(ii) Experience :
10 years experience as Master of
Foreign Going Ship or in Pilotage
and dredging in a Major Port
(b) Desirable :
Experience in Port Operations

8 9 10 11 12
Age : No 2 Years By promotion / transfer on Promotion :
Qlfn : Yes absorption basis from the Harbour Master with 3 years
Major Ports, failing which regular service. Dock Master/
by transfer / deputation Manager (MPC) with 5 years
from Govt./ Semi-Govt. regular service in the grade/
Organisations / PSUs / pilots with 7 years regular ser-
Autonomous bodies, fail- vice in the grade
ing which by direct re-
cruitment Transfer on Absorption
Basis
Officers holding analogous
posts or with at least 3 years
regular service in a post
equivalent to Harbour Mas-
ter and above in a Major Port
Trust.
By Transfer / Deputation :
Officers from Govt./ Semi-
Govt./ PSUs/Autonomous
bodies holding analogous
posts or with 5 years regular
service in the grade equivalent
to Harbour Master in a Major
Port Trust
 1 2 3 4 5 6 7
* Tr a ff i c 1 Class -I Rs. Selection 45 years Essential :
Manager 18500- (a) Educational :
23900 Degree of a Recognised University
or equivalent.
(b) Experience :
At least 5 years experience in a
managerial capacity dealing with
Sea Traffic Transportation, prefer-
ably connected with a Major Port

8 9 10 11 12
Age : No 2 Years By promotion / transfer on Promotion :
Qlfn : Yes absorption basis from the Additional Traffic Manager
Major Ports, failing which with 3 years regular service/
by transfer / deputation Dy. Traffic Manager with 5
from Govt./ Semi-Govt. years regular service in the
Organisations / PSUs / grade
Autonomous bodies, fail-
Transfer on Absorption
ing which by direct re-
Basis
cruitment
Officers holding analogous
posts or with 5 years regular
service in the post equivalent
or above to Dy. Traffic Man-
ager in a Major Port Trust.
By Transfer / Deputation :
Officers from Govt./ Semi-
Govt./ PSUs/Autonomous
bodies holding analogous
posts or with 5 years regular
service in the grade equivalent
to Dy. Traffic Manager in a
Major Port Trust
 1 2 3 4 5 6 7
* Chief 1 Class -I Rs. Selection 45 years (i) Essential :
Engineer 18500- (a) Educational :
(Civil)/ 23900 A Degree in Civil Engg. from a
Chief En- Recognised University or equivalent.
gineer and
Adminis- (b) Experience :
trator At least 15 years experience in a
(Flsheries managerial capacity with at least 7
Habour) years in Port Planning and construc-
tion in a Major Port Trust / Govt. or
Semi Govt. Deptt./Public Sector
Undertaking / Autonomous Body.
(ii) Desirable :
Experience in Project Management
in a responsible position.

8 9 10 11 12
Age : No 2 Years By promotion / transfer on Promotion :
Qlfn : Yes absorption basis from the Sperintendent Engineer with 2
Major Ports, failing which years regular service / Dy.
by transfer / deputation Chief Engineer with 3 years
from Govt./ Semi-Govt. regular service in the grade/
Organisations / PSUs / Exe. Engrs. with 6 years regu-
Autonomous bodies, fail- lar service in the grade
ing which by direct re- Transfer on Absorption
cruitment Basis :
Officers of equivalent rank or
with 5 years regular service
in the post equivalent to Dy.
Chief Engineer or above in
Major Port Trust.
By Transfer / Deputation :
Officers from Govt./ Semi-
Govt./ PSUs/Autonomous
bodies holding analogous
posts or with 5 years regular
service in the grade equivalent
to Dy. Chief Engineer in a
Major Port Trust

* Substituted vide Ministry‟s [ F.No. PR-12012 / 2 / 2002 - PE-I ] and published in the gazette of India
under GSR 290 (E) dt. 18-4-02.
COCHIN PORT TRUST EMPLOYEES ( CONTRIBU-
TORY OUTDOOR AND INDOOR MEDICAL BEN-
EFIT AFTER RETIREMENT ) REGULATIONS, 1991
1. Short title and Commencement :- These regulations may be called the
“Cochin Port Trust Employees (Contributory outdoor and indoor and Medical Benefit After Re-
tirement ) Regulations, 1991”.
2. Extent of Application :-
These regulations are applicable to -
(i) Retired Cochin Port Trust employees and their spouses;
(ii) Surviving spouses of the employees who die while in service;
(iii) Surviving spouses of retired employees who die after retirement; provided that.
a) the retired / deceased employees had completed 10 years continuous service:
b) they are not gainfully employed in the public or private undertakings and / or are
covered by any medical benefit scheme of the Undertaking either for themselves or as
dependents:
c) the surviving spouses are not re-married.
3. Definitions :-
(a) “Retired Cochin Port Trust Employee” in relation to these Regulations means :-
(i) Employees of all Classes, viz. Class I, Class II, Class III and Class IV, who retired / retire
from service, on attaining the age of superannuation under the service regulations applicable
to them
(ii) Class I and Class II Officers who retire by giving the requisite notice or may be retired by
giving the requisite notice or pay and allowances in lieu of such notice after attaining the age of
fifty (50) years and all Class III and Class IV employees who retire by giving the requisite
notice or are retired by giving the requisite notice or pay and allowances in lieu of such notice,
after attaining the age of fifty five (55) years.
(iii) Employees irrespective of their class, who were medically invalidated after completion of
fifteen years of continuous service.
(b) “service” means regular service rendered under the Board.
(c) Class I, Class II, Class III, and Class IV post shall have the meanings respectively assigned to
them as under.
Class I posts i.e., posts carrying a scale of pay the maximum of which is Rs. 4,150 or more in terms
of the present pay scales approved vide Ministry of Surface Transport‟s letter No. A 29018
/ 2 / 87-PE-I dated 29-10-1991 and the corresponding figure as and when the scales of pay
are revised.
Class II posts i.e., posts carrying a scale of pay the maximum of which is less than Rs. 4,150 but not
less than Rs. 2800 in terms of the present pay scales approved vide Ministry of Surface
Transport‟s letter No. A 29018 / 2 / 87-PE-I dated 29-10-1991 and the corresponding
figure as and when the scales of pay are revised.
Class III posts i.e., posts carrying a scale of pay the maximum of which is Rs. 1,580 or more but not
more than Rs.2800 in terms of the present pay scales approved vide Ministry of Surface
Transport‟s letter No. LB-12011 / 1 / 86 - R.O. ( Vol.II ) dated 3-8-1989 and the corre-
sponding figure as and when the scales of pay are revised,
Class IV posts i.e., posts carrying a scale of pay the maximum of which is less than Rs. 1,580 in terms
of the present pay scales approved vide Ministry of Surface Transport‟s letter No. LB-
12011 / 1 / 86 - R.O. ( Vol.II ) dated 3-8-1989 and the corresponding figure as and when the
scales of pay are revised.
( Substituted vide G.S.R. No. 940 (E) dt. 22-12-92.)
4. OBJECT :-
These regulations are designed to extend restricted medical benefits, on the basis of contribution
to retired employees, their spouses and the surviving spouses of the deceased employees who
wish to avail themselves of the same.
**Provided that no person who is covered by Medical Benefits Schemes like CS (MA) Rules,
CGHS and ESI shall be allowed to enjoy the benefits under these Regulations.
5. (a) ENROLMENT :-
The option to enrol as members for obtaining medical benefit under these regulations shall be
exercised within a month of the date of retirement and in case of death while in service, within
three months from the date of death. In the case of those who have already retired or died while
in service after completion of 10 years of continuous service or medically invalidated from service
after completion of 15 years of continuous service, such option shall be exercised by the retired
employees and / or spouse within three (3) months from the date of these Regulations come into effect.
* (b) When the Chairman is satisfied with the reasons that the provisions regarding the time limit
fixed to enrol as a member in the scheme could not be observed by the individual applicant, such
application to condone the delay in submitting application in the prescribed time may be consid-
ered subject to the satisfaction of all other provisions in the Regulations.
6. CONTRIBUTION :-
Membership for availing medical benefits under this Regulations shall be purely on voluntary basis.
Retired Employees / surviving spouses of the deceased employees who make the payment in cash by
one-time lumpsum contribution set out below shall be eligible for availing medical benefits under these
Regulations for themselves and / or their spouses for life time. The lumpsum contribution once paid
shall not be refunded on any ground whatsoever.
Class of Employees Amount of lumpsum Contribution
For Outdoor For Outdoor & Indoor
treatment treatment
Class I Rs. 600.00 Rs. 1200.00
Class II Rs. 450.00 Rs. 900.00
Class III Rs. 300.00 Rs. 600.00
Class IV Rs. 150.00 Rs. 300.00
* Inserted vide Ministry‟s Notification F.No. PR-12016 / 4 / 97 - PE - I and published under GSR
595 (E) dated 14-10-97
** Inserted vide Ministry‟s Notification F.No. PR-12016 / 14 / 99 - PE - I and published in the
Gazette of India under GSR 442 (E) dated 21-6-01.
7.PROCEDURE :-
(a) The application in the prescribed proforma-Annexure „A‟ (attached) for availing the medical
facilities under these Regulations shall be made to the Financial Adviser & Chief Accounts
Officer along with a declaration in the Proforma „B‟ (attached) The declaration shall be re-
newed every year on the Ist of April.
(b) The Financial Adviser & Chief Accounts Officer Shall scrutinise the application with refer-
ence to the Pension Payment Order etc and then forward the same to the Chief Medical
Officer. Before forwarding the application to the Chief Medical Officer, the Financial Adviser
& Chief Accounts Officer shall make the following certificate on the application.
“I have carefully verified the contents of the application with reference to the PPO and
it is certified that the applicant is eligible for the benefit under the Cochin Port Trust
Employees ( Contributory Outdoor and Indoor Medical Benefit After Retirement )
Regulations, 1991.”
(c) In case it is found that the applicant is not eligible for the benefits under these regulations, he/
she shall be informed of the fact in writing, by the Financial Adviser & Chief Accounts Officer
* within a period of 2 months of receipts of application.
(d) On receipt of the recommendations from the Financial Adviser & Chief Accounts Officer, the
Chief Medical Officer shall issue to the retired / invalidated employee or spouse, as the case
may be, an identity card in the prescribed proforma „C‟ (attached) on payment of a nominal
fee of Rs. 2/- ( Rupees two only ) * within a period of 2 months of the receipt of the
recommendation from the Financial Adviser & Chief Accounts Officer. The lumpsum Contri-
bution shall also be payable alongwith cost of identity card. If the identiry card is lost dupli-
cate identity card shall be issued on payment of Rs. 4/- ( Rupees four only ).
(e) If the retired employee or his / her spouse in the case of death of employee, is gainfully
employed in public / private Undertaking and covered by any medical benefit scheme or on
the death of the beneficiary under this Regulations, the fact shall be intimated to the Chief
Medical Officer immediately in writing by the retired employee / spouse or the next kin of the
deceased, as the case may be. On receipt of such information Chief Medical Officer shall
take necessary action to cancel the identity card issued to him / her as the case may be,
(f) A monthly return in respect of such identity cards issued / cancelled during the month, shall be
sent to the Financial Adviser & Chief Accounts Officer on or before 10th of the succeeding
month.
(g) The cost of the identity cards, the lumpsum contribution and charges if any as per rules, shall
be collected by the Chief Medical Officer and the amount remitted in the Accounts Depart-
ment on the next working day. All receipts made by the Chief medical Officer shall be entered
in a register maintained for this purpose in the pension Section of the Accounts Department
before and after making remittance in the cash Section.
(h) The Financial Adviser & Chief Accounts Officer shall verify the register maintained by Chief
Medical Officer in the succeeding month so as to tally the register maintained in the Accounts
Department.
(i) The income on this account shall be credited to General Ledger code No.401 and the expen-
diture to be debited to Cost Centre Code No. 629.
Inserted vide Ministry‟s Notification F.No. PR-12016 / 14 / 99 - PE - I and published in the
Gazette of India under GSR 442 (E) dated 21-6-01.
 (j) Quarterly Statements showing the financial effects shall be sent by the Chief Medical Officer
to the Financial Adviser & Chief Accounts Officer by the tenth of the succeeding month.
8. SCOPE :-
On payment of contribution, the medical attention and treatment shall be made available to
retired employees and their spouses in the same manner as is normally admissible to employ-
ees in service subject to the following conditions.
a) Outdoor medical attendance and treatment includes such pathological, bacteriological, radio-
logical ( including taking of „X‟ Ray Plates ) or other methods of examination ( including ECG
and Ultrasound Scanning ) as the Chief Medical Officer / Dy. Chief Medical Officer may
consider necessary and to the extent that equipment and facilities are available at the outpa-
tient department of the hospital.
b) If, for any investigations, reference is required to an outside consultant, agency, hospital or a
nursing home, the entire charges there for shall be borne by the beneficiary and paid directly
to the outside consultant agency, hospital, nursing home, as the case may be.
c) If, in the course of medical examination of a retired employee his / her spouse an emergency
arises necessitating hospitalisation in the Cochin Port Trust Hospital such hospitalisation should
be limited to the minimum period considered necessary by the Chief Medical Officer.
d) Such medicines and injections as may be prescribed at the Cochin Port Trust Hospital shall be
supplied without any charge if they are available from the stock of medicines and injections
maintained at the Hospital, if any medicines and injections are not available at the Cochin Port
Trust Hospital, the same shall be purchased by him / her at his / her own cost initially, and he
/ she will be reimbursed by the Accounts Department, the cost involved on production of the
cash memo/receipted bill duly certified by the Dy. Chief Medical Officer / Chief Medical
Officer.
e) A maximum of * 4 ( four ) beds at a time shall be reserved for retired employees and / or
spouses and these beds will be allotted to retired employees and / or spouses in preference to
serving employees and their dependents and not more than four retired employees/spouses
shall be admitted as in-patients at a time.
f) If all or any of the beds reserved for retired employees and/or spouses are not occupied, the
unoccupied beds may be allotted to serving employees and their dependents.
g) A serving employee and/or his dependent who is allotted a bed from out of the aforesaid **4
beds reserved for retired employees and/or spouses will not be discharged prematurely on the
ground that an eligible retired employee and/or his spouse subsequently required admission.
h) Ambulances service will not be available to retired employees/spouses.
9. PENALTY :-
a) The renewal of the declaration referred to in Regulation 7 (a) of these Regulations is the
sole responsibility of the beneficiary.
* Substituted vide Ministry‟s Notification F.No. PR-12016 / 4 / 97 - PE - I and published in the
Gazette of India under GSR 595 (E) dated 14-10-97
** Substituted vide Ministry‟s Notification No. PR-12016 / 14 / 97 - PE - I and published in the
Gazette of India GSR 442 (E) dated 21-6-2001
 (b) If a beneficiary who has enjoyed benefit under these Regulations under one-time lumpsum
payment is subsequently found to be gainfully employed in the public / private Undertaking
during the period in which he / she had availed the treatment, the cost of full medical treatment
at outsider‟s rate with 5% penalty charges shall be levied, and collected from him / her and he
/ she shall forfeit the right to avail further benefit under these Regulations.
10. MISCELLANEOUS :-
(a) The Chief Medical Officer shall ensure that the medical facilities are extended only to the
persons enumerated in the identity cards.
(b) The Chief Medical Officer shall maintain a separate register in the form shown in Annexure
„D‟ ( attached ) showing therein the person/persons to whom the medical facilities are ex-
tended under these Regulations and this register shall be made available for periodical inspec-
tion by the Financial Adviser & Chief Accounts Officer or by an Officer nominated by him.
11. INTERPRETATION :-
* If any question arises as to the interpretation of these Regulations, the same shall be
decided by the Board

* ( Substituted vide GSR No. 394 (E) dated 21-4-94 )

 ANNEXURE ‘A’
( See Regulation 7 )
COCHIN PORT TRUST
Application Form for Availing the Medical Facilities under the
Cochin Port Trust Employees ( Contributory Outdoor and Indoor
Medical Benefit After Retirement ) Regulaltions 1991.

1. Name of the retired / deceased

employee ( in block letters ) :

2. (a) Designation & Class of post :

(b) Staff No/PPO No.
( If available ) :
(c) Department from which
retired :

3. Date : (i) Appointment :

(ii) Retirement :
(iii) Death :

4. Last pay drawn :

5. Name of surviving wife/husband :

Name Relation ( Date of Birth ) present age

(i)

(ii)

6. Name of the applicant :

7. Permanent address :

Place :

Date :

( Signature of the applicant )

 ANNEXURE ‘C’
( See Regulation 7 )

COCHIN PORT TRUST

IDENTITY CARD

No: Photograph

1. Name of the retired / deceased

employee :

2. Name of Surviving spouse :

3. Designation on the date of retire-

ment/death with name of the
department and Staff No.
( if available ) / P.P.O. No. :

4. Date of retirement / Death :

5. Last pay drawn :

6. Rate of contribution :

7. Marks of identification :

8. Particulars of Payment :
i)
ii)
iii)

9. Signature of Retired employee /

applicant :

10. Signature of the Chief Medical

Officer with Rubber Stamp :

11. Date :

* Inserted vide Ministry‟s F.No. PR 12016 / 14 / 99 -PE-I and published in the Gazettee of
India Under GSR 442 (E) dt. 21-6-01
 ANNEXURE ‘B’
( See Regulation 7 )

COCHIN PORT TRUST

Declaration to be Filled by the Applicant

1. I, the undersigned............................................................................................... P. P. O.
No./ Staff No.................................... designation............................
of...........................

Department retired from the service of the Board with effect from...................................do
hereby declare that (i) I am not employed in any public or private sector undertaking and I am
/ I am not covered by any medical benefit scheme by such employer.
(ii) I am / I am not remarried

2. ( In the case of those who are employed gainfully in Public or Private Sector Undertaking )

I took up this job on........................................................ and my term of appointment is for

a period from..................................... to....................................I understand that I am not

entitled to free consultation, free medicine, free investigation from the Port‟s Hospital for
duration of this appointment as per the Cochin Port Trust Employees (Contributory Outdoor
and Indoor Medical Benefit After Retirement ) Regulations, 1991.

Signature :

Identity :
Card No :

Place :

Date :
 ANNEXURE ‘D’
( See Regulation 10 )
COCHIN PORT TRUST
Form of Register to be Maintained under the Cochin Port Trust Employees ( Contributory Outdoor and
Indoor Medical Benefit after Retirement ) Regulations, 1991 by the Chief Medical Officer

Name of the No. of family members Designation Staff No. & Contribution deposited with CMO Signature of the
Retired / Deceased including the retired / Name of Dept. For the period Amount Date of Cash Officer collecting Remarks
Employee deceased employee Rs Payment Receipt the contribution
From To
No.
1 2 3 4 5 6 7 8 9 10
 THE COCHIN PORT TRUST EMPLOYEES
( EDUCATIONAL ASSISTANCE )
REGULATIONS, 1993.
I.Short Title and Commencement: These Regulations may be called
the Cochin Port Trust Employees ( Educational Assistance ) Regulations, 1993.
II They shall come into force on the date on whichCentral Government’s approval
thereto is published in the Official Gazette.
2.Application: - (2) These Regulations shall apply to the employees of the Board
including those on deputation to the Board but shall not apply to:-
(a) Persons in casual or daily rated or ad-hoc or part time employment;
(b) Persons employed on contract except where the contract provide otherwise, and
(c) persons paid from contingencies.
(3) These Regulations shall also apply to employees on deputation to other organisations or
foreign service provided necessary provision in regard to the drawal of educational assistance
under these Regulations fromsuch organisations or foreign employees is expressly made in the
terms of deputation or foreign service.
4.Definitions:- In these Regulations, unless the context otherwise requires:-
(a) “Child” means a child of an employee and includes a step-child and an adopted child,
who is wholly dependent on the employee.
(b) “Board”, “Chairman”, “Dy-Chairman” and “Head of Department” shall have the same
meanings as assigned to them respectively in the Major Port Trust Act 1963.
(c) “Employee” means an employee of the Board
(d) “Higher Secondary or Senior Secondary Classes‟ means classes XI and XII and in-
clude classes upto the equivalent of XII: class under the 10+2+3 scheme like Pre-Uni-
versity class, or the first year class of an Intermediate College: a technical college, or a
Polytechnic provided the child has passed the Secondary or equivalent but not the
Higher Secondary Examination before joining such class.
(e) “Primary Classes” means classes I to V but does not include kindergarten or nursery classes
(f) “Recognised School” means a Govt. School or any educational institution whether in
receipt of Govt. aid or not recognised by the Central or State Govt. or Union Territory
Administration or by a University or a recognised educational authority having jurisdic-
tion over the area where the institution is situated. For the purpose of these Regulations,
education upto the senior level shall be treated as school education;
(g) “Secondary classes” means classes VI to X
(h) Tuition Fee” means tuition fee payable and actually paid, and includes:-
(i) Science fee,
(ii) Laboratory fee, in case science fee is not separately charged.
(iii) Special fee charged for agriculture as an elective additional subject and,
(iv) any fee charged for subjects like music which are tought as part of the regular school
curricular subject requiring practical work under the programme of work experience.
Provided that if tuition fee charged from a Science student is higher than that charged from-a
non-science student, science fee, though-separately charged, shall not be included in tuition fees
for the purpose of these regulations.
Explanation: “Tuition fee” does not, however, include:-
(i) Domestic Science fund charges,
(ii) Library fee,
(iii) Games fee,
(iv) Admission fee and
(v) Extra-curricular activity fee
 GENERAL CONDITIONS
5.Eligibility :- Subject to the provisions of Regulations 11 to 24, all employees without
any pay limit shall be eligible to draw children‟s educational allowance, reimbursement of tuition
fee and Hostel subsidy.
Provided that the assistance will be admissible only if the children of the employee study in a
recognised School.
6. (1) In case both wife and husband are employees of the Board and are governed by the
provisions of these Regulations, the children‟s educational allowance or reimbursement of tuition
fee or hostel subsidy, as the case may be shall be admissible to one of them only.
(2) In case the wife or husband of an employee is employed outside the Board the employee
shall be eligible to draw the allowance or reimbursement or subsidy under these Regulations, only
if his / her spouse is not entitled to the benefit of any such allowance or reimbursement or subsidy
from his / her remployer and a declaration to that effect shall be obtained from the employee.
7. (1) The children‟s educational allowance or the reimbursement of tuition fees or hostel sub-
sidy shall be admissible to an employee while he / she is on duty or is under suspension or is on
leave ( including extraordinary leave )
Provided that during any period which is treated as „ dies non‟ the employee shall not be
eligible for the allowance reimbursement / subsidy for the period.
(2) If the employee ceases to be in service by reasons of retirement, resignation, discharge,
dismissal or removal from service in the course of an academic year, the allowance of reimburse-
ment of tuition fee or hostel subsidy shall be admissible till the end of the academic year in which
the event takes place.
(3) If an employee dies while in service, the children‟s educations assistance or reimburse-
ment of tuition fees or hostel subsidy shall be admissible in respect of his / her children subject to
observances of other conditions of its grant provided the wife / husband of the deceased is not
employed in service of the Central Government, State Government, Autonomous Body, Public
Sector Undertakings, Semi Govt Organisation such as Municipality, Port Trust Authority or any
other organisation partly or fully funded by the Central Govt / State Governments.
(4) The provisions under sub regulation (3) of Regulation 6 shall not be applicable in cases
covered by the provision of Ministry of personnel, Public Grievances & Pensions ( Dept. of Pen-
sion and Pensioners‟ Welfare ) O.M. No. 33 / 5 / 89-P & PW (K) dated 9-4-90, relating to
liberalised pensionary awards.
Payment under these Regulations shall be made by the Office in which the employee worked
prior to his retirement, resignation, death, as the case may be, and will be regulated under the
procedure laid down in Regulations 25-27.
8. Children‟s educational allowance, reimbursement of tuition fee or hostel subsidy shall be ad-
missible only in respect of children between the age limits of 5 and 20 years. An employee shall
not be eligible to draw Children‟s educational allowance, reimbursement of tuition fee or hostel
subsidy for a child for more than two academic years in the same class.
NOTE: Children‟s Educational Allowance, reimbursement of tuition fee and hostel subsidy shall
be admissible in respect of the child upto the end of the academic session even if he completes 20
years half way during the academic session.

9. Assistance in these Regulations shall be admissible to the employee in respect of not more
than three children at any time, born upto 31-12-1987 and shall be restricted to 2 children at any
time, born thereafter.

Provided that where an employee claims childre‟s Educational Assistance in respect of some
of his children and Hostel Subsidy in respect of other children, the total number of children in
respect of whom the allowance or subsidy is drawn shall not exceed three children born upto
31-12-1987 and two children boren thereafter.

10. The children‟s educational allowance, reimbursement of tuition fee or hostel subsidy, as the
case may be, shall be admissible to an employee in respect of a child, only if the child attends the
school regulary.

Provided that no such allowance, reimbursement or subsidy shall be admissible in any case
where the period of absence from the shcool whithout proper leave exceeds one month notwith-
standing that the name of the child remains on the rolls of the school.

11. The children‟s educational allowance, reimbursement of tuition fee, or hostel subsidy, as the
case may be, shall be admissible to an employee in respect of his children regardless of the fact
that any scholarship is received provided that if freeship is awarded, reimbursement of tuition fee /
hostel subsidy shall be admissible only to the extent of fees actually paid.

12.CHILDREN’S EDUCATIONAL ALLOWANCE

(1) An employee is eligible to draw children‟s educational allowance when he is completed
to send his child to a school away from the station at which he is posted and / or residing owing
to the absence of a school of the requisite standard at that station.

(2) For the purpose of this Regulations, the following schools shall not be deemed to be
schools of the requisite standard:-

(a) In so far are an Anglo-Indian child is concerned, a school not run by the Anglo Indian
Community or a school not affiliated to the Council for Indian School certificate Exami-
nation of the Indian Council of Secondary Education.

(b) A school run by a body of certain religious persuation which the child is prevented by the
tenants of his religious persuation from attending due to religious Instructions being
compulsorily imparted in such a school; and

(c) A school where teaching is conducted in a language different from the language of the
child

Explanation 1 The language of the child will be the medium of instruction, in the school
where the child was getting education earlier and the case of child admitted in a school for the first
time the mother tongue of the child by birth or by adoption.
Explantion ii:- The admissibility of children‟s educational allowance will have to be deter-
mined with reference to the standard of the school, viz, primary, Secondary or higher Secondary
or Senior Secondary and the medium of instruction and the language of the child and not to the
absence of any particular subject in a particular institution.
13. The allowance shall be admissible to an employee at a station where there is no school of
the requisite standard, only if the nearest school of such standard is so situated, that there is no
convenient train or bus service to take the child from his residence near the time of the opening of
the school and bring him back not too long after the school is closed for the day and the journey
by such train bus service takes more than an hour.
14. If an employee is transferred from a station where there is no school, of the requisite standard
to a station where there is such a school and if he was in receipt of the allowance at the former
station in respect of any child, he shall remain eligible for such allowance until the close of the
academic year of the school in which his child was studying at the time of his transfer provided the
child continues to study for that period in that school.
15. If a child of an employee is denied admission to a school of the requisite standard at the
station at which the employee is posted and or residing because of there being no vacancy or for
any other reasons, and the child is compelled to attend a school away from the employee‟s place
of posting and or residence, the employee shall be entitled to the allowance as if there were no
school of the requisite standard at that station.
Explanation :- The availibility of a vacancy in a school shall be determined with referrence to
the position existing at the time of the admission of the child in the school whether it be at the start
or in the middle of the session, in consultation with competent educational authorities of the area
and not on the basis of the certificate of the school authorities.
16. An employee in receipt of the allowance shall continue to be eligible to draw such allowance
during any period not exceeding four months:-
(1) When he may go and stay with the child in respect of whom the allowance is drawn
while on leave or during suspension or temporary transfer.
(2) When the child may come to live with the employee provided it is certified by a registered
medical practitioner that the child is forced to remain away from studies due to illness; and
(3) When the child may come to live with the employee during vacation provided the child
continues to be on the rolls of the school.
17.The allowance shall be admissible to an employee at the following Rates :-
Primary, Secondary and Higher Secondary class * Rs.100/- per month per child.
(1) The allowance shall be admissible to an employee throughout the year not withstanding
that no tuition fee is paid during the vacation.
(2) In the case of a child who is successful at the final Secondary / Higher Secondary /
Senior Secondary Examination, the allowance shal be admissible to the employee up to the end
of the month in which the examination is completed or up to the end of the month up to which the
school fees are charged, whichever is later.
(3) In the case of a child who fails in the final secondary, Higher Secondary, Senior Second-
ary Examination but resumes his studies, the allowance shall be admissible to the employee paid
for the period of vacation intervening provided that fees are paid for the period of vacation.
* Revised Rate is based on ministray‟s letter No. IPA / BWNC / 2000 dt. 2-8-2000
18.REIMBURSEMENT OF TUITION FEE:
An employee shall be eligible to the reimbursement of tuition fee payable and actually paid in
respect of his child provided that no children‟s educational allowance under these Regulation is
admissible to him.
19. The tuition fee payable and actually paid by an employee in respect of his child may be
reimbursed.
* Subject to the following limits :-
(a) Class I to X Rs.40/- p.m. per child.
(b) Class XI to XII Rs.50/- p.m. per child.
(c) Class I to XII Rs.100/- p.m. per child in respect of physcially handicapped and mentally
relarded children.
(c) Kendriya vidyalayas :
Classes Tuition Fee
I to VIII No tuition fee will be charged at present
IX Rs. 40/-
X Rs. 40/-
XI Rs. 50/-
XII Rs. 50/-
Note : “Science fee ” upto the limit of Rs.10/- p.m. will be reimbursable in addition to the tuition
fees in respect of Children studying in Classess XI to XII and offering science subjects.
20. (1) The reimbursement of tuition fee charged by a college run by a University or affiliated to
a University for pre-University first year of an Intermediate College or of a Technical College or
first year class of polytechnic or for a correspondence course shall however be reimbursed in full
subject to their being restricted to the rates prescribed by Govt. college for corresponding classes.
(2) In cases where minimum qualifications for admission in the two years Diploma course in
polytechnics is 10th class of the revised pattern of education and the student joins the Polytechnic
after passing X class of the revised pattern of education the reimbursement of tuition fees shall also
be allowed for the Ist and the IInd year classes of the above course.

21. Notwithstanding anything to the contrary in these Regulations, tuition fees payable and paid
in respect of a physically handicapped or a mentally retarded child of an employee shall be reim-
bursed subject to the following conditons:-
(a) The Institution in which the child is studying is one which is recognised or approved or
aided by the Central Govt. / State Government or Union Territory Administration.
(b) The fee charged are approved by the Central Govt, or State Govt, or Union Territory
Administration, as the case may be.

Explanation:- If the Institution is recognised or approved or aided but the fees charged are
not approved by Central or State Govt. or Union Territory administration, the fee reimbursement
shall be subject to a ceilling of Rs 50 p.m.
* Revised rates vide Ministry‟s letter No. IPA / BWNC / 2000 dt. 2-8-2000
 HOSTEL SUBSIDY
22. An employee shall be eligible to the grant of a subsidy at the rate of Rs. 150 p.m. per child if,
because of his transfer he is obliged to keep his children in the hostel of a residential school away
from the station at which he is posted and or is residing.
However, if the date of admission to the Hostel is earlier than the date of transfer and if such
admission is made in anticipation of the transfer, the hostel subsidy amy be made from the effective
date of transfer.
23. The hostel subsidy shall be payable upto 10 plus 2 stage in States and Union Territories,
where the pattern of 10 plus 2 plus 3 has been adopted and upto Higher Secondary and Senior
Secondary stage in other States and Union Territories irrespective of the fact that the children
study in a Kendriya Vidyalaya or any other recognished school.
24. The hostel subsidy shall not be admissible in respect of a child for whom Childrens Educa-
tional Allowance is drawn by an employee.
PROCEDURE FOR PAYMENT OF CHILDREN’S EDUCATIONAL ALLOWANCE.
REIMBURSEMENT OF TUITION FEES AND HOSTEL SUBSIDY
25. An employee claiming children‟s educational Allowance, reimbursement of tuition fees and
hostel subsidy shall furnish a certificate in the prescribed forms 1, 2, 3, & 4 as the case may be to
the Head of Department at the time of preparing his initial claim and thereafter in the months of
March and July every year. Where the employee is himself the Head of the Department he shall
furnish the certificate to the next higher authority.
26. The Head of Department in regard to officers working in his Office and the next higher au-
thority in regard to the Head of Department shall, after making such enquiry as may be considered
necessary, issue a certificate indicating the amount of allowance admissible to the employee on
the basis of which the allowance shall be drawn by the drawing and disbursing Officer.
Provided that in the case of Children‟s educational allowance it shall be permissible for the
allowance being drawn on provisional basis pending verification as above, for short periods not
exceedign three months subject to an undertaking being obtained from the employee that if, as a
result of verification, it is established that a school of the requisite standards does exist at the
station of posting or residence or near such station as referred to in Regulation 12, he shall refund
the allowance paid to him.
Provided further that the Head of Department or the next higher authority, as the case may
be, may at his discretion, make enquiry at periodic intervals regarding admissibility of assistance
under these Regulations.
27. The drawing and disbursing officer shall certify on the pay bill that the certificates mentioned
in Regulation 26 in respect of the employee covered by the pay bill have been obtained.
28. An employee transferred from one station to another shall furnish a fresh certificate at the
new station in case he continues to be eligible to draw children‟s Educational Allowance or hostel
subsidy.
29. If any question arises as to the interpretation of these Regulations, the same will be decided by the
Board.
( Substituted vide G.S.R. No. 564 (E) dt. 26-7-95)
 FORM I
Reg. 25
CHILDREN’S EDUCATIONAL ALLOWANCE
1. Certified that my child / children mentioned below in respect of whom children‟s Educational
Allowance is claimed is / are wholly dependent upon me and I am compelled to send my child /
children away from the place of my posting / residence of due to non-availability of the school of
the requisite standard at the station of my posting / residence or due to non-availability of a va-
cancy in such a school at the station of my posting / residence.

Name of Date of School / The place Class Monthly Amount of

the birth college where the in educational allowance
child in which employee which allowance claimed for the
studying is residing the child admissible period
location is from July 20
thereof studying to Feb.
and resi- 200 March
dence of 200 to
the child June 200

1 2 3 4 5 6 7

1.

2.

3.

( Contd......)
2.Certified that my child / children in respect of whom children‟s Educational Allowance is claimed
is / are studying in the schools mentioned in column 3 which is / are recognised school (s) (Not
applicable to schools run by Central Govt. / State Govt. / Union Territory administration / Munici-
pal Corporation / Muncipal Committee / Panchayat Samti / Zila Parishad).

3.Certified that:
(i) my wife / husband is / is not an employee / a Central Govt. servant.
(ii) my wife / husband is an employee / a Central Govt servant and that she / he will not claim
children‟s Educational Allowance in respect of our child / children.
(iii) my wife / husband is employed with * she / he is not entitled to Children‟s educational
allowance in respect of our child / children.

4.Certified that during the period covered by the claim the child / children attended the school
regularly and did not absent himself / herself / themselves from the school without proper leave for
a period exceeding one month,

5.Certified that:
the child / children has / have been not studying in the same class for more than two academic
years.

6. In the event of any change in the particulars given above which affect my eligibility for Children‟s
Educational Allowance I undertake to intimate the same promptly and also to refund excess pay-
ments, if any made.

( Signature of the Employee )

Name in Block letters

Designation & Office

Date..............................
Place of posting

( Strike out whatever is not applicable )

* Employer other than Port Trust / Central Govt. to be mentioned.

( Contd.......)
 FORM 2
REG. 25
REIMBURSEMENT OF TUTITION FEE
1. Certified that child / children mentioned below in respect of whom reimbursement of tuition fee is claimed is / are wholly dependent
upon me :
Name of the child Date of birth School in Class in Monthly tuition Tutition fee actually Amount of reimbursement
which which fee actually paid from claimed
studying studying payable July 200.......
Feb 200.........
March 200.......
to
June 200....

1 2 3 4 5 6 7

1.
2
3
4.

2 Certified that the tuition fee indicated against the child / each of the children had actually been paid by me ( cash receipt /
counter-foil of the Bank credit vouchers to be attached with the initial claim )

Contd.......
3.Certified that:
(i) my wife / husband is / not an employee / a Central Govt. servant.
(ii) my wife / husband is an employee / a Central Govt servant but he / she will not claim
reimbursement of tuition fees in respect of our child / children.
(iii) my wife / husband is employed with *..................................... she / he is / is not
entitled to reimbursement of tuition fees in respect of our child / children.

4.Certified that during the period covered by this claim, the child / children attended the school (s)
regularly and / did not absent himself / herself / themselves from the school (s) without proper
leave for a period of exceeding one month,

5.Certified that the child / children has / have not been studying in the same class for more than
two years.

6.Certified that I or my wife / husband have / has not claimed and will not claim the Children‟s
Educational Allowance in respect of the children mentioned above.

7.Certified that my child / children in r/o whom reimbursement of tuition fee is claimed is / are
studying in the schools which is / are recognised school (s) ( Not applicable to schools run by
Central Govt / State Govt / Union Territory Administration / Muncipal Corporation / Muncipal
Committee Panchayat Samiti / Zila Parishad. )

8.In the event of any change in the particulars above which effect my eligibility for Reimbursement
of Tuition Fees, I undertake to intimate the same promptly and also to refund excess payments, if
any made.

( Signature of the Employee )

Name in Block letters

Designation & Office

Dated..............................
( Strike out whatever is not applicable )
* Employer other than Port Trust / Central Govt. to be mentioned.

( Contd........)
 FORM 3
Reg. 25
HOSTEL SUBSIDY

1. Certified that my child Shri / Kumari ..............................................................................

..............................................is studying in ..........................( Name of school ) was admitted
to hostel of the School on ..............20.......( Certificate from the Head of the School attached)

2. Certified that
(a) My wife / husband is / is not in Board‟s / Govt. Service is / is not drawing Hostel
subsidy in r / o. my child / children.
(b) The total number of children in respect of whom the hostel subsidy and children‟s
Educational Allowance have been claimed does not exceed two ,

3. I undertake to inform my employer forthwith in the event of my withdrawing the child from
the period and also in the event of their being any change in the particulars mentioned earlier.

( Signature of the Employee )

Name in Block letters

Designation & Office

Dated..............................

( Contd........)
 FORM 4
Reg. 25
HOSTEL SUBSIDY
..........................................................................................................................( School )
( name of the School and Place )

1. Name of boarder...........................................................................................................

2. Name of parent..............................................................................................................

3. Class to which admitted..................................................................................................

4. Date of admission in the hostel........................................................................................

5. Period during the year for which the child would continue to stay in the hostel.

From To

(a)

(b)

(c)

(d)

Dated.........................................Principal / Head Master / Head Mistress.

( Stamp of the School )

 THE COCHIN PORT TRUST EMPLOYEES
( HOUSE BUILDING ADVANCE )
FAMILY BENEFIT FUND REGULATIONS, 1998

1.Short title and application:

(a) These Regulations may be called the „Cochin Port Trust Employees‟ ( House Building
Advance ) Family Benefit Fund Regulations, 1998.
(b) These Regulations shall apply to those officers / employees of the Board who have
already availed the House Building Advance from the Port Trust and are willing to join the scheme
and those who avail H. B.A. after the commencement of the regulation.

2.Commencement : It shall take effect from the date of publication in the Gazette of
India.

3.Definitions : In these Regulations, unless the context otherwise requires:

(a) The “Act” means the Major Port Trusts Act, 1963.
(b) “Board” and “Chairman” shall have the meanings assigned to them under the Major Port
Trust Act, 1963.
(c) “Employee” means Officer / Employee / Worker to whom the Regulations apply under
1 (b) above.
(d) “Fund” means the Cochin Port Trust Employees House Building Advance Family Ben-
efit Fund for meeting the undischarged liability towards H.B.A.
(e) “Financial Adviser and Chief Accounts Officer”, “Secretary” shall mean the Board‟s
Financial Adviser and Chief Accounts officer and Secrtary respectively.

4.Object: The object of the Regulations is to compensate from the fund the undischarged
liability towards H.B.A. availed from the Board only including interest thereon in the case of an
employee who dies in harness, while in Service, subject to the prevailing limts of financial assistances.

5.Constitution of the Fund:

(a) A Fund styled the “ Cochin Port Trust Employees‟ ( House Building Advance ) Family
Benefit Fund shall be constituted with with the contribution made monthly by the employees of
the Board who have already availed / avail the H.B.A. and with the contribution by the Board.
(b) An account called the “ Cochin Port Trust Employees ” ( House Building Advance )
Family Benefit Fund shall be opend in the State Bank of India, W/Island.
6.Contribution to the Fund:
(a) Every employee to whom the Regulations apply shall make a non-refundable subscrip-
tion of Rs. 25 /- (Rupees Twenty five only ) per month and such subscription should continue to be
paid by him / her till the date of his / her retirement on superannuation or otherwise or till repay-
ment of the H.B.A. together with interest accrued thereon, which ever is earlier. In respect of
future entrants subscription will commence from the pay of the month immediately following that in
which the first instalment of the H.B.A. is disbursed either for the outright purchase of the house
or for the purchase of plot or for construction. If during any month, recovery of subscription
could not be made for any reason, such dues will be recovered from the subsequent pay bill or any
other settlement dues.
(b) The Board shall make contribution of Rs. 12.50 (Rupees Twelve and paise fifty only )
per mensem, per employee, at the beginning of each financial year on the basis of the number of
employees coverd by the provisions of the Regulations, the excess or short contribution by the
Board for that financial year being made good at the time of the next payment of contribution.
7.Payment in the event of death while in service: In the case of an
employee dying while in service, the amount due from him / her i. e. the principal and interest
towards the repayment of the H. B. A due thereon upto the date of his / her death, up to an
amount of Rs. 75,000/- in the initial years, shall be reimbursed to the Port Trust Board by meeting
the same from the fund, provided the subscription to the Fund has been commenced and contin-
ued till the month of his death. However, in cases where the recovery of the employee‟s subscrip-
tion could not be effected regularly from the employee‟s salary due to application of the provi-
sions of the payment of Wages Act or due to the prolonged illness of the employee duly certified
by the port Trust‟s Cheif Medical officer or due to any other reason, excepting in cases where
such lapses were committed wilfully, the arrears of subscription shall be adjusted from any amount
payable to the employee by the Trust. The balance amount, if any should be discharged by the
nominee. The Board, when it deems appropriate shall enhance the limit of Rs. 75,000/- to a
higher amount or shall remove the limit when it is convinced of the financial viability of the Scheme.
8.Administration of the Fund:
(a) The Fund shall be administered by a committe consisiting of the Chairman, Financial
Adviser and Chief Accounts Officer and the Secretary.
(b) The fund shall be operated by the Financial Adviser and Chief Accounts Officer and
Secretary, jointly or any other Officer not below the above rank, authorised by the Chairman, on
his behalf.
(c) The investment of the amount available in the fund shall be made by the Financial Ad-
viser and Chief Accounts Officer in such a way as may be decided by the Chairman from time to
time.
(d) The committee shall, if it decides to be prudent, arrange for insurance of the enrolled
members of the scheme against death arising out of accident for suitable insured amounts, paying
the premium for the fund.
(e) The claims for payment from the fund shall be processed by the Financial Adviser and
Chief Accounts Officer and put up to the committee.
9.Accounts and Audit: The Financial Adviser and chief Accounts Officer shall ar-
range to maintain the necessary books of accounts and audit by one of the officers under his
control in administering the Fund.
10.Interpretation: If any question arises relating to the interpretation of these Regula-
tions, the same shall be referred to the Board.

Approved Vide Ministry‟s F.No.PR-12016 / 28 / 98 -PE-S and published vide GSR 657 (E) dt.
5-11-98