BOMBAY PORT TRUST
(Grant of Ex-gratia Pension to Retired Employees)
REGULATIONS, 1977
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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 |
BOMBAY PORT TRUST
(Grant of Ex-gratia Pension to Retired Employees)
REGULATIONS, 1977
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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 1st
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, 9th 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 1st 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.
3. Extent of application –
(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 5th
October, 1965 after completing not less than 20 years of continues service; or
(b) who resigned from the Board’s service before the 5th October, 1965 after completing not less than 30 years of continues service.
(2)
The ex-gratia pension is not admissible to –
(a) an employee who was dismissed or removed or discharged from the
Board’s service before the 5th October, 1965;
(b) an employee who resigned from the Board’s service before the 5th
October, 1965 with less than 30 years of service;
(c) an employee who retired or ceased to be in service on or after the 5th
October 1965.
4. Amount of ex-gratia pension – (1) The amount of ex-gratia pension shall be the appropriate amount as set out below, namely : -
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 |
1(2)
The amount of ex-gratia pension shall be increased with effect from the 1st
day of August 1973, 1st day of January 1974, 1st day of
April 1974, 1st day of September 1977, 1st day of December
1978, 1st day of November 1979, 1st day of May 1980, 1st
day of September 1980 and 1st day of December 1980 by the appropriate
amount as set out below, namely :-
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 ] |
3[(2A)
xxx
xxx
xxx
]
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]
5. Ex-gratia pension
not admissible during period of re-employment –
The ex-gratia pension shall not be granted during the period its recipient is re-employed under the Board.
________________________________________________________________
1.Substituted
by the following –
TR Nos.
MOST’s
Notification No.
with effect from
23 dated 24.1.1970
PEB-13/78 dated 31.5.1978
1.10.1975 & 1.4.1977
70 dated 27.2.1979
PEB-27/79 dated 21.9.1979
1.9.1977
138 dated 10.6.1980
PW/PEB-68/80 dtd 6.2.1981
1.12.1978
73 dated 24.2.1981
PW/PEB-33/81 dtd 16.7.1981
1.11.1979 & 1.5.1980
292 dated 14.9.1981
PW/PEB-56/81 dtd 23.3.1982
1.9.1980
2.
Inserted by MOST’s letter No.PW/PEB-56/81 dated 23.3.1982
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.
4. Inserted by MOST’s D.O. Letter No.PW/PEB-56/81 dated 18.6.1982.
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.