GENERAL CONDITIONS OF SERVICE
12. Every person appointed to the Port Trust service must produce a certificate of physical fitness from a Port Trust Medical Officer/ Assistant Chief Medical Officer/Chief Medical Officer. When a person who has produced such a medical certificate is discharged from Port Trust Service and is re-engaged on the Scheduled Establishment, a fresh medical certificate need not be produced by him, if the re-engagement takes place within a period of six months from the date of his discharge, unless the appointing authority is of the opinion that there is a doubt regarding the physical fitness of the person concerned.
13. Unless in any case it be otherwise distinctly provided, the whole time of an officer or servant is at the disposal of the Board, and he may be employed in any manner required, without claim for additional remuneration.
14. (a) Two or more officers or servants cannot be appointed substantively to the same permanent post at the same time.
(b) An officer or servant cannot be appointed substantively, except as a temporary measure, to two or more permanent posts at the same time.
(c) An officer or servant cannot be appointed substantively to a post on which another officer or servant holds a lien.14.A. Unless in any case it be otherwise provided in these rules, an officer or servant on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post.
15. (a) The Chairman or the Board may transfer an officer or servant from one post to another; provided that, except
(1) on account of inefficiency or misbehaviour, or
(2) on his written request,an officer or servant shall not be transferred substantively to, or except in a case covered by Article 36, appointed to officiate in, a post carrying less pay than the pay of the permanent post on which he holds a lien, or would hold a lien, had his lien not been suspended.
(b) Nothing contained in clause (a) of this Article or in clause (8) of Article 11 shall operate to prevent the retransfer of an officer or servant to the post on which he would hold a lien, had it not been suspended.
16. After five years’ continuous absence from duty whether with or without leave, an officer or servant ceases to be the Port Trust employee.
16.A. The employment of an officer or servant who tenders resignation shall not terminate until after the expiration of a period of 3 months from the date the resignation is tendered, unless in the meanwhile the Board or the Chairman, as the case may be, directs that the resignation shall take effect from an earlier date.
17. The initial substantive pay of an officer or servant who is appointed substantively to a post on a time-scale of pay is regulated as follows:
(a) If he holds a lien on a permanent post,
(i) when appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of Article 24) than those attaching to such permanent post, he will draw as initial pay the stage of the time-scale next above his substantive pay in respect of the old post;
(ii) when appointment to the new post does not involve such assumption, he will draw as initial pay the stage of the time-scale which is equal to his substantive pay in respect of the old post, or, if there is no such stage, the stage next below that pay plus personal pay equal to the difference, and in either case will continue to draw that pay until such time as he would have received an increment in the time-scale of the old post or for the period after which an increment is earned in the time-scale of the new post, whichever is less. But if the minimum pay of the time-scale of the new post is higher than his substantive pay in respect of the old post, he will draw that minimum as initial pay;
(iii) when appointment to the new post is made on his own request under Article 15(a) and the maximum pay in the time-scale of that post is less than his substantive pay in respect of the old post, he will draw that maximum as initial pay.
(b) If the conditions prescribed in clause (a) are not fulfilled, he will draw as initial pay the minimum of the time-scale.
Provided, both in cases covered by clause (a) and in cases other than cases of re-employment after resignation or removal or dismissal from service covered by clause (b), that if he has previously held substantively or officiated in –
(i) the same post, or
(ii) a permanent or temporary post on the same time-scale,or
(iii) a permanent post, or a temporary post on an identical time-scale, such temporary post being on the same time-scale as a permanent post,
then the initial pay shall not be less than the pay, other than special pay, personal pay or emoluments classed as pay by the Board under Article 11(11)(iii), which he drew on the last such occasion, and he shall count the period during which he drew that pay on such last and any previous occasions for increment in the stage of the time-scale equivalent to that pay.
1 [17A.Notwithstanding anything contained in these articles, where an employee holding a post in a substantive or an officiating capacity is promoted or appointed in a substantive or an officiating capacity to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time-scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment at the stage at which such pay has accrued.
Provided that the provisions of this article shall not apply where an employee holding a Class I post in a substantive or an officiating capacity is promoted or appointed in a substantive or an officiating capacity to a higher post which is also a Class I post.
Provided further that the provisions of clause (2) of Article 25 shall not be applicable in any case where the initial pay is fixed under this article.
Provided also that where an employee is, immediately before his promotion or appointment to a higher post, drawing pay at the maximum of the time-scale of the lower post, his initial pay in the time-scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by an amount equal to the last increment in the time-scale of the lower post.
Provided that if an employee has previously held substantively, or officiated in –
(i) the same post, or(ii) a permanent or temporary post on the same time-scale, or
(iii) a permanent post or a temporary post on an identical time-scale
then proviso to Article 17 shall apply in the matter of the initial fixation of pay and counting of previous service for increment.
Explanation: In this article, the expression `Class I post’ shall be deemed to have the same meaning with effect from 1st November 1973 as is assigned to it in the Bombay Port Trust Employees (Classification, Control and Appeal) Regulations, 1976)].
1 Amendment made by TR No.288 of
13.9.1977 and MOST Notification No.PEB-74/77 of 21.1.1978 and effective from
1.11.1973.
18. The holder of a post, the pay of which is changed, shall be treated as if he were transferred to a new post on the new pay, provided that he may at his option retain his old pay until the date on which he has earned his next or any subsequent increment on the old scale, or until he vacates his post or ceases to draw pay on that time-scale. The option once exercised is final.
1 [19. An increment shall ordinarily be drawn as a matter of course unless it is withheld. An increment may be withheld from an employee by the Chairman or by the authority which has the power to make a substantive appointment to the post held by the employee, if his conduct has not been good or his work has not been satisfactory. In ordering the withholding of an increment, the withholding authority shall state the period for which it is withheld and whether the postponement shall have the effect of postponing future increments.]
1 Amendment made by TR No.231 of
13.7.1976 and MOST No.PEB- 59/76 of 7.9.1976 and effective from 16.9.1976.
20. (1) Where an efficiency bar is prescribed in a time-scale, the increment next above the bar shall not be given to an employee without the specific sanction of the authority empowered to withhold increments under Article 19 or of any authority whom the Chairman may by a general or special order authorise in this behalf.
Explanation : The words "reviewed annually" implies that the review should be made after a full year. However, where the increment at the efficiency bar falls in the latter half of the year and at the time the bar was imposed the reports upto the end of the previous year only were considered and the subsequent report warrants a review of the case, the review may be made before the expiry of a full year.(2) The case of every employee held up at an efficiency bar shall be reviewed annually with a view to determining whether the quality of his work has improved and, generally, the defects for which he was stopped at the bar have been remedied to an extent to warrant the removal of the bar.
(3) On each occasion on which an employee is allowed to pass an efficiency bar which had previously been enforced against him, he should come on to the time-scale at such stage as the authority competent to declare the bar removed may fix for him, subject to the pay admissible according to his length of service.
Note - In the case of an employee who is allowed to cross the efficiency bar which had previously been enforced against him, once the competent authority has determined the stage at which he should draw pay from the date he is allowed to cross the bar, the next increment above that stage will accrue to him on the usual date of drawal of increment, if it is otherwise admissible.
21. The following provisions prescribe the conditions on which service counts for increments in a time-scale :
(a) All duty in a post on a time-scale counts for increments in that time-scale.
Provided that for the purpose of arriving at the date of the next increment in that time-scale, the total of all such periods as do not count for increment in that time-scale shall be added to the normal date of increment.
(b) (i) Service in another post, other than a post carrying less pay referred to in clause (a) of Article 15, whether in a substantive or officiating capacity service on deputation out of India and leave except extraordinary leave taken otherwise than on medical certificate shall count for increments in the time-scale applicable to the post on which the employee holds a lien, as well as in the time-scale applicable to the post or posts, if any, on which he would hold a lien had his lien not been suspended.
(ii) All leave except extraordinary leave taken otherwise than on medical certificate and the period of deputation out of India shall count for increment in the time-scale applicable to a post in which the employee was officiating at the time he proceeded on leave or deputation out of India and would have continued to officiate but for his proceeding on leave or deputation out of India.Provided that the Chairman may, in any case, in which he is satisfied that the extraordinary leave was taken for any cause beyond the employee’s control or for prosecuting higher scientific or technical studies, direct that extraordinary leave shall be counted for increments under sub-clause (i) or (ii).
Note : For the purpose of sub-clause (ii) of clause (b) above, a certificate that the employee concerned would have continued to officiate but for his proceeding on leave is necessary. In cases in which no officiating arrangement is made in the leave vacancy and the employee returns to the same post after the expiry of the leave, the certificate may be issued by the leave sanctioning authority. In all other cases, the certificate shall be issued by the appointing authority.
(c) If an employee, while officiating in a post or holding a temporary post on a time-scale of pay, is appointed to officiate in a higher post or to hold a higher temporary post, his officiating or temporary service in the higher post shall, if he is re-appointed to the lower post, or is appointed or re-appointed to a lower post on the same time-scale of pay, count for increments in the time-scale applicable to such lower post. The period of officiating service in the higher post which counts for increment in the lower post is, however, restricted to the period during which the employee would have officiated in the lower post but for his appointment to the higher post. This clause applies also to an employee who is not actually officiating in the lower post at the time of his appointment to the higher post, but who would have so officiated in such lower post or in a post on the same time-scale of pay had he not been appointed to the higher post.
(d) Foreign service counts for increments in the time-scale applicable to –
(i) the post in the Board’s service on which the employee concerned holds a lien as well as the post or posts, if any, on which he would hold a lien had his lien not been suspended;
(ii) the post in the Board’s service in which the employee was officiating immediately before his transfer to foreign service, for so long as he would have continued to officiate in that post or a post on the same time-scale, but for his going on foreign service; and
(iii) the post in the Board’s service in which the employee was not officiating at the time of his going on foreign service, for so long as he would have officiated in that post or a post on the same time-scale but for his going on foreign service.
Explanation : In this article, the expression "foreign service" means service in which an employee receives his pay with the sanction of the Central Government, or the Chairman, as the case may be, from any source other than the general account of the Board or the pilotage account of the Board.
1 [21.A. Except as otherwise provided in Notes 1 and 2 below this article, the increment for every employee should be admitted from the first of the month in which it falls due under the provisions of Article 21.
Note 1 :In cases in which the date of next increment falls due, after counting the broken periods equal to one year, on a date later than the first of the month, the increment should be admitted from the first of the month if the employee has been holding the post from the first of that month to the date it falls due. In case he is not holding the post on the first of that month, the increment is admissible only from the date it falls due.
Note 2 : The provisions of this article do not apply to cases in which increments are withheld as a measure of penalty. Increments in such cases will be granted/restored from the date the penalty ceases.
21.B. An authority may grant a premature increment to an employee on a time-scale of pay if it has power to create a post in the same cadre on the same scale of pay.]
1 [Provided, however, that the power exercisable by an authority higher than the Chairman under this article may also be exercised by him in respect of a post to which he is empowered to make an appointment.]
2 [22. The authority which orders the transfer of an employee as a penalty from a higher to a lower grade or post may allow him to draw any pay, not exceeding the maximum of the lower grade or post, which it may think proper.
Provided that the pay allowed to be drawn by an employee under this article shall not exceed the pay which he would have drawn by the operation of Article 17 read with clause (b), or clause (c), as the case may be, of Article 21.
23. (1) If an employee is reduced as a measure of penalty to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective and whether on restoration, the period of reduction, shall operate to postpone future increments and, if so, to what extent.
(2) If an employee is reduced as a measure of penalty to a lower grade or post or to a lower time-scale, the authority ordering the reduction may or not specify the period for which the reduction shall be effective; but where the period is specified, that authority shall also state whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent.
23.A. Where an order of penalty of withholding of increment of an employee or his reduction to a lower grade or post, or to a lower time-scale, or to lower stage in a time-scale, is set aside or modified by a competent authority on appeal or review, the pay of the employee shall, notwithstanding anything contained in these articles, be regulated in the following manner :-
(a) if the said order is set aside, he shall be given for the period such order has been in force, the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn;
(b) if the said order is modified, the pay shall be regulated as if the order as so modified had been made in the first instance.
Explanation: If the pay drawn by an employee in respect of any period prior to the issue of the orders of the competent authority under this article is revised, the leave salary and allowances (other than travelling allowance), if any, admissible to him during that period shall be revised on the basis of revised pay.]
1 Amendment made by TR No.331 of 28.9.1976 and MOST letter of 7.1.1977 and effective from 27.1.1977.
2
Amendment made by TR No.342 of 8.11.1977 and MOST (TW) letter No.PEB-84/77 dated 2.5.1978 and effective from
20.5.1978.
24. Pay of officiating officers or servants - Subject to the provisions of Article 36, an officer or servant who is appointed to officiate in a post shall not draw pay higher than his substantive pay in respect of a permanent post unless the officiating appointment involves the assumption of duties and responsibilities of greater importance than those attaching to the post on which he holds a lien.
For the purpose of this article, the officiating appointment shall not be deemed to involve the assumption of duties or responsibilities of greater importance if the post to which it is made is on the same scale of pay as the permanent post on which he holds a lien, or on a scale of pay identical therewith.
25. (1) Subject to the provisions of Articles 24 and 28, an officer or servant officiating in a post will draw the presumptive pay of that post.
(2) On an enhancement in the substantive pay, as a result of increment or otherwise, the pay of such officer or servant shall be refixed under clause (1) above from the date of such enhancement as if he was appointed to officiate in that post on that date where such re-fixation is to his advantage. Provided that the provisions of Articles 17-A shall not be applicable in the matter of re-fixation of pay under clause (2) of this article.
26. Deleted. [TR No.453 of 1930]
27. When an officer or servant officiates in a post the pay of which has been fixed at a rate personal to another officer or servant, the Chairman or the Board may permit him to draw pay at any rate not exceeding the rate so fixed or, if the rate so fixed be a time-scale, may grant him initial pay not exceeding the lowest stage of that time-scale and future increments not exceeding those of the sanctioned scale.
28. The Chairman or the Board may fix the pay of an officiating officer or servant at an amount less than that admissible under these rules.
29. Personal pay – Except when ordered otherwise, personal pay shall be reduced by any amount by which the recipient’s pay may be increased, and shall cease as soon as his pay is increased by an amount equal to his personal pay.
30. Pay of temporary posts – When a temporary post is created which may have to be filled by a person not already in the Board’s service, the pay of the post shall be fixed with reference to the minimum that is necessary to secure the services of a person capable of discharging efficiently the duties of the post.
31. When a temporary post is created which will probably be filled by a person who is already in the Board’s service, its pay should be fixed by the Chairman or the Board with due regard to –
(a) the character and responsibility of the work to be performed, and
(b) the existing pay of officers or servants of a status sufficient to warrant their selection for the post.
32. A person appointed to a post created experimentally or temporarily will draw the pay of that post. If the post eventually becomes permanent, the incumbent will count his continuous service in the post for all permanent service privileges and for that purpose will be deemed to have held the post on the permanent schedule of staff.
33. Deleted [TR No.287 of 1976]
34. (A) Deleted [TR No.287 of 1976]
(B) Deleted [TR No.287 of 1976]
(C) Deleted [TR No.287 of 1976]
35. Compensatory allowance – The Board may grant a compensatory allowance to any officer or servant which shall be so regulated that the allowance is not on the whole a source of profit to the recipient.