MINISTRY OF SURFACE TRANSPORT (Ports Wing) NOTIFICATION New Delhi, the 1st February, 1994 G.  S. R. 52 - In exercise of the powers conferred by sub­section (I) of Section 124, read with sub-section (i) of section 132 of the Major Ports Act, 1963 (38 of 1963), the Central Government hereby approves the Jawaharlal Nehru Port Trust Employees (Leave Travel Concession) Regulations, 1994 made by the Board of Trustees for the Port of Jawaharlal Nehru 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.  [No. PR-i 201 6/20/93-PE-II Ashoke Joshi, Jt. Secy. 1. Short Title and Commencement (1) These regulations may be called the Jawaharlal Nehru Port Trust Employees (Leave Travel Concession) Regulations, 1994. (2)  They shall come into force from the date of publication of approval of the Government of India as required under the provisions of Section 124 of the Major Port Trusts Act 1963 in the Official Gazette. 2. Application 1)  These regulation shall apply to all persons who are appointed to a post in the service of the Board including:     (i)     Who are appointed on contract basis for minimum one year;     (ii)    Who are reemployed after their retirement;     (iii)    Who are on foreign service to any other body, unless contract of appointment with foreign body specifies that they will be governed by the Regulations of that body in respect of leave travel concession;     (iv)   Who are on foreign service to the Board unless contract of appointment specifies that they will be governed by the Regulations of Lending Authority in respect of Leave Travel Concession. 2) These regulations shall not apply to persons     (i)  Not in whole time employment;     (ii) In casual and daily rated employment;     (iii) paid from contingencies 3. Definitions: In these regulations, unless the context otherwise requires: (1)   ‘Board ‘Chairman’, ‘Deputy chairman’ and ‘Head of A Department shall the meaning assigned to them in the Major Port Trusts act, 1963(38 1963 (2)   ‘Accounts Officer’ shall mean an Officer (s) from the Accounts Department of the Board designated by the Chairman, to regulate claims of employees under these regulations. (3)   ‘Concession’ shall mean the leave travel concession admissible under these regulations. (4)   ‘Employee shall mean a person to whom these regulations apply. (5)   ‘A place in India’ shall cover any place within the territory, whether it is on main land or overseas. (6)   ‘Shortest direct route’ shall mean the route by Which traveler can most speedily reach his destination by the ordinary modes of travelling. If an employee travels by route which is not the shortest but is cheaper than the shortest his mileage allowance should be calculated on the route actually used. (7)    The expression ‘Once in a period of two calendar years’ shall mean once in each block of two calendar year starting from the calendar year 1991. (8)   The expression ‘once in a period of four calendar years, shall mean once in each block of four calendar years standing from the calendar year 1991. (9)   ‘Home town’ shall mean the town, village or any other place declared as such by an employee and accepted by the competent authority. (10)  ‘Competent authority’ means the authority competent to sanction the concession under these regulations and shall be the same authority, which is competent to sanction leave to an employee. (11) ‘Family’ means the family as defined from time to time under Supplementary Rule 2(8)  applicable to the Central Government employees. 4. Eligibility­ (1)    Save as otherwise provided in these regulations the concession shall be admissible to all employees who have one year of continuous service on the date of onward journey performed by them or their family The successive blocks of two years, or the successive blocks of four years shall be reckoned from the actual dates of their appointment or re-employments under the Board. (2)     Employees who are re-employed in the service of the Board are eligible for the concession’ completion of one year’s continuous service. But, in the 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. (3)    The employee under suspension is not eligible for concession as he/she is not eligible for grant of any leave including casual leave during the period of suspension. However, members of his/her family continue to be entitled to the concession. 5. Home Town:­ (1)    An employee shall declare a hometown for the purpose of these regulations. The hometown once declared and accepted by the competent authority shall be treated as final. In exceptional circumstances he competent authority may authorize a change in hometown provided that such a change shall not be made more than once during the service of an employee. (2)   An employee can declare his’ hometown outside India, but he will be entitled to the concession for visiting his home town limited to the fare for journey up to and from the railway station nearest to the Port of embarkation of disembarkation in India. (3)   Where the husband and wife both are employees of the Port, they may at their option choose to declare separate home town and both ‘of them may claim the Concession to home ‘towns separately in respect of members of their respective families if the husband or wife avails the concession as a member of the family of the other he or she will not be entitled for claiming the concession for self-independently The children shall be eligible for the concession of a block as members of the family of one of the parents. 6.      Types of Concession (1)    The concession shall be admissible to an employee and his/her family for visit to home town in respect of distance between the head quarters of the employee and his home town once in a period 91 two calendar years. (2)    The concession shall be admissible to an employee and his/her family for visit to any place in India in respect of distance between the place of visit and the head quarters of the employee by the shortest direct route once in a block of 4 calendar years. In the case of an employee to whom concession to home town in admissible, the concession to any place in India availed of by him/her and his/her family shall be in. lieu of and adjusted against the concession to home town available to him/ her and his/her family at the time of commencement of the journey. (3)    An employee whose family lives away from him/her at his/her hometown may in lieu of concession available to him/her and his/her families for visit to hometown and to any place in India choose to avail of concession for him/ her only to visit the hometown every year. (4)    An employee or his/her family who is unable to avail of the concession within a period of 2 years or 4 years as the case may be, may avail of the same within the first year of the next period of 2 years or 4 years. If an employee is entitled to concession to hometown, he or she can carry forward the concession to any place in India for a block of 4 years only, if he can carry forward the concession to hometown in respect of the second period of two years within the block of 4 years. (5)     When the concession to visit any place of India is proposed to be availed of by an employee or his/her family the Intended place of visit shall be declared by the employee in advance to the competent authority. The declared place of visit may be changed before the commencement of the journey with the approval of the competent authority, but, it may not be changed after the commencement of the journey except in exceptional circumstances where it Is established that the request for change could not be made before the commencement of the journey owing to circumstances beyond the contract of the employee. (6)An employee and his/her family availing of concession may travel in different groups at different times during a period of two or four years as the case may be. The concession so availed of will be counted against the block of 2 years or which the outward journey commence even if the return journey was performed after the expiry of the period of two years or four years. An employee and his/her family while availing the concession to any place in India may visit different places of their choice. (7) The concession can be availed of during any period of leave including causal leave and special casual leave. 7. Entitlement :- 1) Journey between place connected by rail Rajdhani/Shatabdi Express: Pay Range Entitlement of Class Employees drawing pay of Rs24O5 and above. Employees drawing pay of Rs.1 665 and above but less Rs. 2405. Second Class A. C. 2 tire sleeper Air-conditioned chair car Below Rs. 1665 The concession is restricted to second class by Other Trains Other Trains: Second class air-conditioned Employees drawing pay of Rs. 1665 and above, Employees drawing pay less than As.:- 1665 two tier sleeper or first class. Second class. No Employee is entitled to journey by first class Air-conditioned. Journey between places not connected by Rail By Board:  (a) Employees drawing pay of Rs. 1665 and above are entitled to travel by any type of bus. (b) Other employees can travel by the ordinary bus only. The claim for travel in express bus may also be admitted if the journey is actually performed by such bus on account of non-availability of seats in ordinary bus. JOURNEY BY AIR: The employees may travel by air between places not connected by rail where an alternative means of travel is either not available or Is more expensive. JOURNEY BY ANY OTHER MEANS OF TRANSPORT: For Travel between places not connected by any other means of transport an employee can avail of animal transport. (1)In such cases mileage allowance will be admissible at the rate admissible for journey on transfer. (2) There shall be no objection t0 an employee travelling In lower or higher class but the Board’s liability for concession shall be limited to the fares of the accommodation by the entitled class or the lower class actually used. (3) In every case the journey should be ‘Home Town’ arid back and the claim should be for both outward and inward journeys. The journey to ‘Home town’ need not necessarily commence from or end at, Sheva either in his own case or in the case of his family; but, the assistance admissible shall be the amount admissible for the actual distance traveled, limited to the amount that would have been admissible had the journey been performed between sheva and the ’Home Town’ of the Employee. (4) The concession is not admissible for journey by privately chartered vehicle even if the vehicle chartered is belonging to Tourist Development Corporation in Public Sector or State Transport Corporation or Transport undertakings of local bodies. Similarly, concession is not admissible for journey by railway coach chartered by a private party. The concession is admissible for travel by chartered bus or chartered rail coach only if the bus or the rail coach us wholly operated and conducted by IOTC/State Tourism Development Corporation or by a Central or State Government Undertaking. (5) The concession is admissible for journey by private buses which operate as regular transport services from point to point at regular intervals at fixed fare rates with the approval of Regional Transport Authority/State government (6) The concession shall be limited to the fare by the shortest route calculated on the through ticket. The employee or his/her family may travel by any route or halt anywhere on the way to or from the place visited by employee at or hometown as the case may be. (7) The concession shall be admissible for journey only if the employee performs it during any kind of leave irrespective of its duration. The concession shall not be admissible to an employee who proceed on leaves and resigns his post without returning to duty. The concession is admissible to an employee during leave preparatory to retirement provided the return journey is completed before the expiry of the leave preparatory to retirement. 8. ADMISSIBILITY IN CERTAIN CASES: (1) Where both the husband and wife are employees the concession shall be admissible to the family on the scale admissible to the husband or wife and not both. The husband or the wife can avail of the concession as family member of the other. If for reason the husband or wife are residing separately they ‘can claim the concession independently as two separate employee according’ to his or her own entitlement. (2) The children f the employees wholly dependent on them but living away from them for prosecuting studies can avail the concession both to hometown and any place in India. The concession will be limited to the from the place of stay to Home Town/any place in India and back to the place of stay or from the Headquarters of the employees to the Home Town any place in India and back, whichever is less. (3)In cases where the employee has left his/her spouse and the dependent children at the place other than his/her Head quarters, he may be allowed concession in respect of them to Home town or any place in India but the reimbursement shall not exceed the actual distance traveled by the family or distance between the Headquarters and the place visited/Home Town whichever is less. 9.ADVANCE Advance may be granted to an employee to enable him to avail of the concession on the following terms and conditions (1)The amount of advance in each case shall be limited to 90 per cent of the estimated amount of concession. (2) Where the employee and his family avail this concession separately, the advance may be drawn separately and adjustment of claim may be made separately (3) The advance may be drawn for both outward and return journey at the commencement of the outward journey (4)The advance will be sanctioned to a temporary employee on production of surety of a permanent employee. (5)    Advance shall be refunded in full if the outward journey is not commenced within 60 days of the grant of the advance. In all cases the employee shall produce for verification railway or bus ticket etc., within 10 days of drawl of advance irrespective of the date of commencement of the journey. Where an advance has been granted, the claim for adjustment of the advance should be submitted within one month of the completion of the returned journey. Where an advance has not been drawn, the claim should be submitted within three months. On failure to do so the employee shall be required to refund the entire amount of advance forth with in on lump sum. No request for recovery of advance in installment shall be entertained. 10.  FRAUDULENT CLAIM: If an employee claims the concession on the basis of false information, disciplinary action may be taken against the employee. During the pendency of disciplinary proceedings, the employee shall not be allowed the concession till the finalization of such disciplinary proceedings. If the disciplinary proceedings result in imposition of any of any of the penalties, the employee shall not be allowed next two claims of concession in addition to the claim already withheld during the pendancy of the disciplinary proceedings. The competent authority may disallow more than two claims of concession for reasons to be recorded in writing. If the employee is fully exonerated of the charges, he shall be allowed to avail of the concession withheld earlier as on additional claim (s) in future block years but before the normal date of superannuation. 11. POWER OF RELAXATION: Where the chairman is satisfied that the operation of any of these regulations causes undue hardship in-any particular case, the Chairman may be order for reasons to be recorded in writing dispense with or relax the requirement of that regulation to such an extent and subject to such exemptions and conditions as it may be considered necessary for dealing with the case in a just and equitable manner.  12. PROCEDURE : The Chairman may prescribe form time to time the procedure for availing’ the concession by an employee. The Chairman may also prescribe a form in which the application may be submitted by the employee.  13. INTERPRETATION: Where a doubt arises as to the interpretation of these regulations the matter shall be placed before the Board which shall decide the matter keeping in view of provisions of the Central Civil Services (LTC) Rules as amended from lime to time and orders ,issued there under to the extent they are not inconsistent with the provisions for these regulations.