BOMBAY PORT TRUST

Regulation
1.	Short title and commencement
2.	Definitions
3.	Extent of application
4.	Amount of ex-gratia pension
5.	Ex-gratia pension not admissible during period of reemployment
6.	Application for and sanction of ex-gratia pension
7.	Record of ex-gratia pension
8.	Mode of payment
9.	Interpretation
10.	Repeal and saving

In exercise of the powers conferred by section 28 of the Major Port Trust Act, 1963 (38 of 1963) and in supersession of the Rules for the Payment of Ex-gratia Pension to retired Bombay Port Trust Employees, 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 make the following regulations, ¹ namely :-

1. Short title and commencement – (1) These regulations may be called the Bombay Port Trust (Grant of Ex-gratia Pension to Retired Employees) Regulations, 1977.

(2) Provisions of sub-regulation (2) of regulation 4 shall be deemed to have come into force on the days specified in that sub-regulation and the rest of the provisions shall be deemed to have come into force on the 1^st day of January, 1973.

2. Definitions – In these regulations, unless that context otherwise requires –

²(1) “Accounts Officer means the Financial Adviser & Chief Accounts Officer of the Board and such officer(s) from the Finance Department of the Board as may be nominated by the Financial Adviser & Chief Accounts Officer to regulate claims under these regulations.

(2) “Board” and “Chairman” shall have the meanings respectively assigned to them in the Major Port Trusts Act, 1963 (38 of 1963).

(3) “Ex-gratia Pension” means the ex-gratia pension admissible under these regulations.

            (4)       “Pay” means the pay as defined in Article 11 (11) of the Bombay Port Trust Digest of Pay &
                      Allowances, Leave and Pension Rules, 9^th Edition (including Dearness Pay, if any) which an
                      employee was receiving immediately before his retirement of resignation from the Board’s service.

1. Sanctioned by the Board by their TR No.88 dated 8.3.1977 and Ministry of Shipping & Transport Notification No.PEB-26/77 dated 1^st August 1977.

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.

Explanation – If an employee immediately before his retirement or resignation from the Board’s service was on leave (other than leave preparatory to final cessation of service after attaining the age of superannuation), the pay which he would have drawn had he not been on leave shall be treated as his pay for the purpose of this sub-regulation.

(1) The ex-gratia pension is admissible to every employee who was governed by the Board’s Contributory
Provident Fund Scheme and –

(a) who retired from the Board’s service before the 5^th October, 1965 after completing not less than 20 years of continues service; or

(b) who resigned from the Board’s service before the 5^th October, 1965 after completing not less than 30 years of continues service.

(a) an employee who was dismissed or removed or discharged from the Board’s service before the 5^th October, 1965;

(b) an employee who resigned from the Board’s service before the 5^th October, 1965 with less than 30 years of service;

4. Amount of ex-gratia pension – (1) The amount of ex-gratia pension shall be the appropriate amount as set out below, namely : -

¹(2) The amount of ex-gratia pension shall be increased with effect from the 1^st day of August 1973, 1^st day of January 1974, 1^st day of April 1974, 1^st day of September 1977, 1^st day of December 1978, 1^st day of November 1979, 1^st day of May 1980, 1^st day of September 1980 and 1^st day of December 1980 by the appropriate amount as set out below, namely :-

⁴[(3) Further relief on ex-gratia pension shall be granted at such rate and from such date as the Central Government may decide, from time to time, for grant of relief to its ex-gratia pensioners]

The ex-gratia pension shall not be granted during the period its recipient is re-employed under the Board.

3. Inserted by TR No.70 dated 27.2.1979 & MOST’s Notification No.PEB-27/79 dated 21.9.1979 and subsequently deleted by TR No.138 dated 10.6.1980 & MOST’s Notification No.FW/PEB-68/80 dated 6.2.1981.

6. Application for sanction of ex-gratia pention – The procedure relating to application for pension, verification of service, preparation of pension papers, issue of pension payment order and furnishing of life certificate, prescribed in the Bombay Port Trust Pension Rules shall apply mutatis mutandis to the ex-gratia pension granted under these regulations.

7. Record of ex-gratia pensions – The Accounts Officer shall maintain a suitable record of all ex-gratia pensions granted under these regulations.

8. Mode of payment – The ex-gratia pension shall be payable on or after the first day of the month following that to which it relates from the office of the Accounts Officer. If a pensioner desires payment of ex-gratia pension through postal money order, the same shall be remitted to him through postal money order and the cost of such remittance shall be borne by the Board.

9. Interpretation – If any question arises relating to the interpretation of these regulations, it shall be referred to the Chairman whose decision thereon shall be final.

10. Repeal and saving – All Rules corresponding to these regulations in force immediately before the commencement of these regulations are hereby repealed.

Provided that any order made or action taken under the Rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these regulations.

Pay of employee (in Rupees)	Amount of ex-gratia pension (in Rupees per mensem)
(1)	(2)
80 and below	40.00
Above 80 and upto 130	42.50
Above 130 and upto 200	45.00
Above 200 and upto 500	53.50

Increase in amount of ex-gratia pension (in Rupees per mensem)
	Pay of employee (in Rupees)
With effect from	80 and below	Above 80 and upto 130	Above 130 and upto 200	Above 200 and upto 500
(1)	(2)	(3)	(4)	(5)
1.8.1973	5	5	5.50	9
1.1.1974	5	5	5.50	9
1.4.1974	5	5	5.50	9
1.10.1975	10	10	11	18
1.4.1977	5	5	5.50	9
1.9.1977	5	5	5.50	9
1.12.1978	5	5	5.50	9
1.11.1979	5	5	5.50	9
1.5.1980	5	5	5.50	9
²[1.12.1980	2.5	2.5	2.75	4.5 ]

C O N T E N T S

Regulation