BOMBAY PORT TRUST EMPLOYEES
(Grant of Advance in
connection with Festivals)
REGULATIONS, 1976.
C O N T E N T S
Regulation
1 Short title and commencement
2 Definitions
3 Extent of application
4 Conditions of eligibility
5 Advance not to bear interest
6 Amount of advance
7 Form of application for advance
8 Disbursement of advance
9 Recovery of advance
10 Accounts of advances
11 Interpretation
12 Repeal and savings
ANNEXURE I
ANNEXURE II (Parts I, II and III)
BOMBAY PORT TRUST EMPLOYEES
(Grant of Advance in
connection with Festivals)
REGULATIONS, 1976.
In exercise of the powers conferred by clause (b) of section 28 of the
Major Port Trusts Act, 1963 (38 of 1963), and in supersession of the existing
regulations, the Board of Trustees of the Port of Bombay, with the approval of
the Central Government, under sub-section (1) of section 124 of the said Act,
hereby makes the following regulations,1
the same having been
previously published in two successive issues of the Official Gazette, as
required by sub-section (2) of the said section, namely :-
1.
Short title and commencement -
(1) These
regulations may be called the Bombay Port Trust Employees (Grant of Advances in
connection with Festivals) Amendment Regulations, 1993.
(2)
They shall come into force on the date 2
on which the Central Government’s sanction thereto is published in the
Official Gazette.
2. Definitions - In these regulations, unless the context otherwise requires,
(a)
‘Accounts Officer’ means the Financial Adviser and Chief Accounts
Officer of the Board and such officers from the Finance Department as may be
designated by the Financial Adviser and Chief Accounts Officer to regulate the
grant and recovery of advances under these regulations;
(b)
‘advance’ means the advance admissible under these regulations;
____________________________________________________________________
1.
These regulations were framed by the Board under T.R.No.98 dated 23rd
March 1976 and sanctioned by the Government vide Ministry of Shipping and
Transport’s letter No.PEB(33)/76 dated 10th June 1976.
2.
Effective from 24th June 1976.
2(a)
Amended by TR No.596 dated 12.10.1993. MOSFT sanction published as GSR
705(E) in Gazette of India dated 12.11.1993 effective from that date.
(c)
‘Board’, ‘Chairman’ and ’Head of a Department’ shall have the
meanings respectively assigned to them in the Major Port Trusts Act, 1963 (38 of
1963);
(d)
1[
‘Class I post’, ‘Class II post’, ‘Class
III post’ and ‘Class IV post’ shall have the meanings respectively
assigned to them in the Bombay Port Trust Employees (Classification, Control and
Appeal) Regulations, 1976; ]
(e)
‘important festival’ means –
(i) Diwali;
(ii) Ramzan Id;
(iii) Christmas;
(iv) Parsi New Year Day;
(v) Rosh Hoshana;
(vi) Buddha Jayanti; and
(vii)
Any other festival which the Chairman may declare, by a general or
special order, after taking into consideration the importance attached locally
to such festival;
(f) ‘pay’ means the pay as defined in Article 11(11) of the Bombay Port Trust Digest of Pay and Allowances, Leave and Pension Rules, 9th Edition.
3.
Extent of application -
(1) Save as otherwise provided in these regulations, the advance is admissible
to all employees (including ‘B’ Category Shore Workers), holding a Class III
or a Class IV post.1
(2) 2The
advance is not admissible to –
(i) persons
on deputation from the Central or a State Government or any other source;
(ii) persons
not in the whole time employ of the Board;
(iii) persons
paid from contingencies; and
(iv) apprentices.
_______________________________________________________________
1
& 2 Amended by TR
No.596 dated 12.10.1993. MOSFT sanction published as GSR 705(E) in Gazette of
India dated 12.11.1993 effective from that date.
(3)
The advance is not admissible to an employee who has not completed one
year of continuous service on the date of the festival qualifying for advance.
4.
Conditions of eligibility -
(1) An
advance may be granted only on the eve of an important festival.
(2) An
advance will be admissible only on one occasion in a calendar year.
(3)
An advance shall not be granted to an employee more than once in a
calendar year even if the festival qualifying for advance falls twice in a
calendar year.
(4)
An advance may be granted to an employee, if he is on duty, or on earned
leave or any other leave equivalent thereto including maternity leave, but
excluding leave preparatory to retirement and leave preparatory to final
cessation of service, on the date on which the advance is applied for.
(5) An advance shall not be granted to an employee unless an advance already granted to him has been fully recovered.
(6) An
advance shall not be granted to a temporary employee unless he is likely to
continue in service
for a period of at least one year beyond the month in which the advance is
disbursed.
(7) An
advance shall not be granted to an employee unless he applies for it in writing
at least a fortnight
before the date of the festival.
5. Advance not to
bear interest -
An advance granted under these regulations shall be free of interest.
6. Amount of advance -
The amount of advance which may be granted to an employee shall not
exceed 1
[ the amount as may be approved from time to time by the Chairman].
7. Form of
application for advance – Applications for advance shall be made in the
form prescribed in Annexure I to these regulations.
_______________________________________________________________
1
Amended by TR No.596 dated 12.10.1993. MOSFT sanction published as GSR
705(E) in Gazette of India dated 12.11.1993 effective from that date.
8. Disbursement of
advance - The amount of advance shall be disbursed before the festival
in respect of which the advance is granted.
9. Recovery of
advance –
(1) The amount of advance granted to
an employee shall be recovered from him in not more than 1
[ ten] equal monthly
instalments.
(2)
The recovery of the amount of advance commence with the issue of pay or
leave salary, as the case may be, for the month following that in which such
amount is disbursed.
(3)
The recovery of the amount of advance shall, in the case of an employee,
governed by the Minimum Wages Act, 1948, or the Payment of Wages Act, 1936, or
both, shall be subject to the provisions of the said Acts.
10. Accounts of advances -
The procedure for the maintenance of accounts and watching the recoveries
shall be as laid down in Annexure II to these regulations.
11. Interpretation - If any question
arises as to the interpretation of these regulations, it shall be referred to
the Chairman whose decision thereon shall be final.
12. Repeal and savings
- All regulations corresponding to these regulations and in force
immediately before the commencement of these regulations are hereby repealed.
Provided
that any order made or any action taken under the regulations so repealed shall
be deemed to have been made or taken under the corresponding provisions of these
regulations.
_____
_____________________________________________________________________
1)
Substituted by TR
No.69 dated
27.2.1979 and
by Ministry
of Shipping and
Transport’s Notification No.PEB-32/79 dated 21.7.1979 (with effect from
4.8.1979).
ANNEXURE
I
(see regulation 7)
Form of application for
advance in
connection
with important festival.
1.
Name of applicant
:
2.
Applicant’s designation
:
3.*
Ticket Number
:
4.
Department, office and
:
section
:
5. Pay on the date of
application :
6. Whether on duty or on leave :
on the date of application and, :
if on leave, the
nature of the
:
leave. :
7. Date of first appointment :
8. Date of superannuation or :
retirement :
9. Festival in connection with :
which advance is required :
10. Amount of
advance required
:
11. Number of instalments in :
which advance is desired to :
be repaid
:
12. Name of paysheet in which :
advance will be drawn :
_______________________________
*Score out if not applicable
13.
Certified that –
(i)
I have not drawn an advance in connection with a festival during the
current calendar year; and
(ii)
the advance granted to me in connection with a festival in the previous
calendar years has been fully repaid.
______________________
(Signature of Applicant)
(with date)
Annexure-II
(See regulation 10)
Procedure for maintenance, etc.,
of accounts of advances in
connection with festivals.
_____
1.
Heads of Departments should ensure that the conditions attached to the
grant of advances in connection with important festivals are fulfilled and that
proper accounts are maintained in their Departments and the recoveries are
watched.
2.
The payment on account of advances should be accounted for under the head
“FESTIVAL ADVANCES, G.L.C. NO. 859, _____________ 19________ *
(enter name of festival and year). To
facilitate the maintenance of accounts, the festival and the year to which the
advance pertains should be conspicuously indicated at a suitable place on the
first page of the relative paysheet.
3.
The recommendations for the grant of advance should be made by the Heads
of Departments in the prescribed form, vide Form A in Part II of this Annexure,
to the Accounts Officer in accordance with the instructions that may be issued
by him from time to time. The Accounts Officer shall also issue detailed
instructions from time to time in regard to programme of disbursement, in
respect of each festival.
4.
In support of the deductions, the Head of Department should attach to the
monthly/supplementary paysheet through which the recovery of the advance is
effected a “Schedule of Recoveries”, vide
Form B in Part III of this Annexure. A separate schedule should be
prepared in respect of each festival.
5.
The Heads of Departments should maintain a duplicate of Form A to watch
the recoveries on account of advances. Columns 1 to 7 should be filled in when
the recommendation for payment of advance is prepared and forwarded to the
Accounts Officer. The recoveries, as and when made through the paysheet should
be noted in columns 9 to 15. In
case the recoveries are made in cash and remitted to the Chief Accountant’s
Cash office, a suitable indication should be given in the ‘Remarks’ column
to facilitate reconciliation and the fact should be intimated to the Accounts
Officer. Similarly, the reasons for the non-recovery of any amount which should
have been normally recovered should be indicated briefly in the ‘Remarks’
column, e.g. ‘Pay not drawn’, ‘Pay not due’, ‘Transferred to
________’, etc.
6.
The Head of Department should furnish to the Accounts Officer within a
month from the month in which recovery should have normally been completed an
extract from the register maintained in his office in respect of each advance
showing details of the cases in which advance has not been fully recovered, the
outstanding amount and the reasons therefor.
________
ANNEXURE
II (concld.)
PART III
F O R M – B
BOMBAY PORT TRUST
Schedule of recoveries of advance in connection
with ___________________ 19 ___ for the month of ___________ 19 ________
(enter
name of festival and year)
Name of Paysheet : _____________________ Part No.___________
Department
: ________________________
Sl. No. |
Name of Employee |
Designation |
Sl.No. in paysheet |
Previous balance (Rs.) |
Amount recovered (Rs.) |
Balance outstanding (Rs.) |
Remarks |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
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Date
:
Signature of Head of Department
1. The total of column
(6) should agree with the total deductions shown in the paysheet on account of
the particular advance.
2.
A separate schedule should be prepared for each advance.
3. In respect of persons transferred from one section to another, the name of the paysheet and its part number through which the advance was paid should be given in the remarks column of Schedule attached to the paysheet through which the recoveries are effected.
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