Extraordinary Gazette of India, 1992, No. 434

14 Pages·0.55 MB·English

by  Directorate of Printing, Government of India

REGD. NO. D.L.-33004/92
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 22] NEW DELHI, FRIDAY, JANUARY 10, 1992/PAUSA 20, 1913
Separate Paging is given to this Part in order that it may be filed as a
separate compilation
97 GI/92 (1)
2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)]
3
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(1)?

6 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II~HSEC. 3(i)]
7
8 THE GAZETIE OF INDIA, EXTRAORDINARY [PART II—SEC. 30)]
MINISTRY OF SURFACE TRANSPORT as specified in this note. An alteration of date of
birth of an employee can be made with the sanction
(Ports Wing)
of the Board if:
NOTIFICATION (a) request in this regard is made within five
years of his entry into Port service.
New Dslhi, the 10th January, 1992
(b) it is clearly established that a genuine bona-
G.S.R. 40(E),—In exercise of the powers confer-
fido mistake has occurred and
red by sub-section (i) of section 124, read with sub-
section (i) of section 132 of tho Major Ports Act, (c) tho date of birth so altered would not make
1963 (38 of 1963), the Central Government hereby him ineligible to appear in any school oi
approves the New Mangalore Port Tru;t Employees university t>r U.P.S.C. examination in which
(Retirement) Regulations 1992 made by the Board of he had appeared, or for entry into Port
Trustees for the Port of New Mangalore and set out service on the date on which he first appeared
in the Schedule annexed to this notification. at su;h examination or on date on which he
entered Port service.
2. The said regulations shall come into force on
the date of publication of this notification in the
2. In regulation No. 4 under the said regulations
official Gazette.
the following proviso shall bo inserted:
" [No. PR-12012/12/91/PET] "Provided further that tho appropriate authority
shall have tho right to terminate the extension of
ASHOKJOSHI, Jt. Secy. service before the expiry of such extension by giving
a notice in writing of not less than three months in
NEW MANGALORE PORT TRUST tho ca^e of a Peimanont employee or one month in
EMPLOYEES (RETIREMENT) FIRST the case of a temporary Government employee or,
pay and r.Howance in lieu of such notice."
AMENDMENT REGULATIONS, 1992
In exercise of the powers conferred by Section 28 4. Thj existing sub. regulation with note there-
of Major Port Trust Act, 1963 (38 of 1963), the New under under regulation No. 5 of tho said regulations
Mangalore Port Trust Board hereby makes, subject shall be irimbered as Sub. Regulation (1) and insert
to the approval of Central Government, under Section tho following as sub- regulation (2):
124 of the above Act, the following Regulations to
"(2)(i) Tf on a review of the case either on a
amend the New Mangalore Port Trust Employees
representation from the employee retired prematurely
(Retirement) Regulations, 1980 [published as GSR
or otherwise, it is decided to reinstate the employee
151(E)] in the Gazette of India, Extraordinary 27th
in service, the authority ordering re-instatcment may
March, 1980 namely:
regulate tho intervening period between the date of
1.(1) These Regulations may bo called New premature retirement and the date of reinstatement
Mangalore Port Trust Employees (Retirement) First by tho grant of leave of the kind due and admissible
Amendment Regulations, 1992. including extraordinary leave, or by treating it as
dies non depending on the facts and circumstances
(2) They shall come into force on the date of then
of the case."
publication in the official Gazette,
2. Tn the New Mangalore Port Trust Employees
"Provided that the intervening period shall be
(Retirement) Regulations, 1980 (hereinafter referred
treated as a period spent on duty for all purposes
to as the said Regulations) tho following note shall
including pay and allowances, if it is specifically held
be inserted, under regulation No. 3.
by the authority ordering reinstatement that tho pre-
"Noto : The date on which an employee attains mature retirement was itself not justified in the
the ago of fifty eight years or sixty years as the case circumstances of tho caso, or, if the order of prema-
may be, shall bo determined with reference to the date matirc retirement is s;t aside by a court of law."
of birth declared by the employee at the timo of
appointment and accepted by the appropriate autho- "(li) Whore the order of premature retirement is
rity on production, as far as possible, of confirmatory set nside by a court of law with specific directions in
documents evidence such as High School or Higher regard to regulation of tho period between the date of
Secondary or Secondary School Certificate or extracts premature retirement and the date of reinstatement
from Birth register. The date of birth so declared and no further appeal is proposed to bo filed, the
by the employee and accepted by the appropriate aforesaid period shall be regulated in accordanc
authority shall not be subject to any attestation except with the directions of tho Court,"
9
5. In Regulation No. 6 of the said regulation:,, the rity may relax the requirement of notice of three
existing sub- regulation may be numbered as sub- months on the condition that the employee shall
regiilation No. (1). not apply for commutation of a part of his pension
In the second proviso, in sub-clause (a) of the exis- before the expiry of the period of notice or t hree
ting sub-regulation the words "30 years of qualifying months."
service and" shall be substituted by the words "thirty Insert the following note under the regulation:
three year* and it docs not tr.ke him beyond the dfito "Note : In computing the notice period of three
of superannuation1".
months referred to in Sub-regulation (1) under this
Sub-clause (h) ur.clcr the sub-regulation shr.11 be
regulation and under regulation 5 the date of service
dektvd. Th: fullowi'g sub. r'.gul-itiou shll b
of the notice and the date of its expiry shall be exclu-
ins:rti:d uiid^r the regulate,:1.
ded."
"(2)(a) An employee referred to in sub-regulation
Principal Regulation :
(1) may make a request in writing In the appointing
authority to accept notice of less the.r> three months Ministry of Shipping and Transport (Transport
giving reasons thereof ; Wing) Notification at GSR 151(E) dated 27th March,
(b) On receipt of a request under sub-clause (a) 1980.
above, the appointing authority may consider such
B. MAHAPATRA, Chairman
request for the curtailment of the period of three
Administrative Office,
months on merits and if it is satisfied that the cur-
tailment of the period of notice will not cause any New Mangalore Port Trust,
administrative inconvenience, the appointing autho- Panambur, Mangalore-575 010.
Amendment to New Mangalore Port Trust Employees (Retirement) Regulations 1980
SI. Regulation to Original provisions in the Amendment proposed Justification
No, which amend- New Mangalore Port Trust
ment proposed Employees (Retirement)
Regulations, 1980
1 2 3 4 5
1. ]Regulation "No. 3 3. Age of retirement:— Original notification was
Every employee of the Board based on provisions in F.R.
shall retire on superannuation 56 and CCS Pension Rules.
on the afternoon of the last Amendment is proposed on
day of the month in which he the amendment issued to
attains the age of 58 years F.R. 56 and Pension Rules.
except as other wise provided
for in these Regulations:
Provided that the class IV
employees of the Board, shall
retire on superannuation on
the afternoon of the last day
of the month in which they
attain the age of 60 years.
"Note : The date on which an
employee attains the age of
fifty eight years or sixty years
as the case may be, shall be
determined with reference to
the date of birth declared by
the employee at the time of
appointment and accepted
by the appropriate authority
on production, as far as
possible, of confirmatory
97 QI/92—2
'0 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(0]
1 2 3 A 5
documentary evidence such as
High School or Higher Secon-
dary School certificate or
extracts from birth Register.
The date of birth so declared
by the employee and accepted
by the appropriate authority
shall not be subject to any
attestation except as
specified in this note. An
alteratioa of date of birth
cf an employee can be made
with the sanction of the Board
if:
(a.) request in thi s regard is
made within five y?ars; cf his
entry into Port service.
(b) It is clearly established
that a genuine bonafide mis-
take has occurred and
(c) the date of birth so altered
would not make him ineligible
to appear in any school or
University or U.P.S.G. exa-
minaL'on in which he had
appeared, or for entry into
Port service on the dato on
which ho first appealed at
such examination or on date
on which he entered Port
Service."
2. Regulation No. 4 R;-;mployiti3nt after r^tirem^nit: Proviso included as per
An employee cf the Board may. F.R. 56(d)
in the interest of the Board be
re-employed in the services of
the Board after he attains the
age of 58 years subject to the
observance of the criteria kid
down in the Annexure to these
regulations. "Provided further that the
appropriate authority shall
have the right to terminate the
extension of service before
expiry of such extension by
giv;ng a notice in writing of
not less than 3 months in tht.
case of a permanent . r quasi-
permanent Govt. servant or
one month notice in the case
of a temporary Govt. servant
or nay and allowances in lieu of
suoh notice."
[Authority FR 56 (d)]