In exercise of the powers conferred by Section 126 read with Section 28 of the Major Port Trust Acts, 1963 (38 of 1963), the Central Government hereby makes the following regulations namely:

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S.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.

S.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 ¹[and]

 (c) ²[xxx]

(2) Notwithstanding anything contained in sub-regulation (1) the Board may by order exclude from the operation of all or any of these regulations by 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.

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S.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

S.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:

Class  I	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/-

S.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

(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,

S.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,

S.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 Chairman or the Appointing Authority, as the case may be, and shall remain under suspension until further orders are made by the Chairman or th

S.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 maximum 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 sha

S.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.

S.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 or inquiring 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 employee any of

S.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 representation 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; (ill) his representation, if any, and (iv) the orders on the case together with the reasons therefore

S.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) regulation 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 competent to impose; and

 (iii) whether the procedure prescribed in Regulation 13 or Regulation 16 may be followed in the proceeding. 

S.15 Special procedure in certain cases:-

Notwithstanding anything contained 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 procedure;

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.

S.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 Authority subordinate thereto or a local or other Authority, the Authority lending his services, (hereinafter 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 opinio

S.17

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S.18 Appeals against orders of suspension:-

 An employee may appeal against an order of suspension to the authority, to which the authority which made or is deemed to have made, the order is immediately subordinate.

S.19 Appeals against orders imposing penalties:-

(1) The authorities mentioned in the Schedule shall be competent to entertain appeals in respect of the penalties indicated in the Schedule

(2) Any employee of the Board aggrieved by an order involving his reduction in rank, removal or dismissal may, within the time mentioned in regulation 21 and in the manner laid down in regulation 22 prefer an appeal

 (a) 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 subsequent appointment as the Chairman the Appellate Authority in respect of the appeal against the order, such person shall forward the appeal to the Central Government and the Central Government in relation to that appeal shall be deemed to be the Appellate Authority for the

S.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

(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 employee 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 otherwise 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.

S.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 appellant had sufficient cause for not preferring the appeal in time.

S.22 Form 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 statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language and shall be complete in itself.

S.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.

S.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 provisions 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 quarte

S.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, together with its comments thereon and the relevant records.

(2) The Authority to which the appeal lies may direct transmission to it of any appeal withheld 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.

S.26 Consideration of appeals:-

(1) In the case of an appeal against an order of suspension, the Appellate Authority shall consider 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 regulation 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:

S.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.

S.28 Review:-

(1) Notwithstanding anything contained in these Regulations -

(i) the Central Government;

(ii) (xxx)

(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 Regulation 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

&nb

S.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 there under:

(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) ⁹[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 C

S.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.

S.1

SCHEDULE (Regulation 2)
Description of post	Appointing authority	Authority competent to impost penalties and penalties which it may impose with reference to item Nos. (i) to (vii) in regulation 10		Appellate authority