PREAMBLE
In exercise of the powers
conferred under Section 28 of the Major Port Trust Acts, 1963 (38 of 1963), the
Board of Trustees Cochin Port Trust, hereby makes the following regulations
namely.
Regulation - 1. Short title and Commencement.
(1) These
regulations may be called the Cochin Port Employees (Allotment of Residence)
Regulations, 1965.
(2) They shall
come into force on 1-4-1966.
Regulation - 2. Application.
These regulations shall apply
to the allotment of residence to all persons who are employed in the service of
the Board, hereinafter referred to as 'employees'.
Regulation - 3. Interpretation.
In these regulations, unless
the context otherwise requires-
(a) "Allotment"
means the grant of a license to occupy a residence in accordance with the
provisions of these regulations:
(b) "Allotment
year" means, the year beginning on 1st January or such other period as may
be notified by the Board;
(c) "Board",
"Chairman", "Deputy Chairman" "Head of
Department" shall have the meanings assigned to them in the Major Port
Trusts Act, 1963;
(d) "Eligible
office" means an office under the Board which has been declared by the
Board as Eligible for accommodation under these regulations:
(e)
"Emoluments" means
(A) In the case
of Class I and Class II Officers
(i) Pay
including officiating pay, personal pay, special pay, technical pay, dearness
pay, and any other emoluments specially classed as pay by the Board;
(ii) Compensatory
allowances, other than dearness allowance, traveling allowance, mess allowance,
uniform out-fit-allowance, uniform grant and grant for house and saddlery
(iii) Other
payments received in the shape of a fixed addition to the monthly pay and
allowances as a part of the authorized remuneration of a post; and
(iv) Pension
other than extra-ordinary pension
(B) In the case
of a Class III and Class IV employees.
(i) Pay
including officiating pay, personal pay, special pay, technical pay and any
other emoluments specially classed as pay by the Board.
(ii) Pension other
than extra-ordinary pension.
Note: (Applicable to both A
and B above)
(i) The
emoluments of an employee on leave mean the emoluments drawn by him for the
last complete calender month of duty performed by him prior to his departure on
leave.
(ii) In the case
of an employee under suspension the amount drawn by him on the first day of the
allotment year in which he is placed under suspension, or if he is placed under
suspension on the first day of the allotment year the emoluments drawn by him
immediately before that date shall be taken as emoluments.
(iii) In the case
of a suspended employee who is subsequently reinstated and whose period of
suspension is treated as leave, the emoluments would be as under note (i)
above.
(iv) Overtime
which is not sanctioned as a fixed addition to the pay of a post but is paid
for according to overtime hours put in is not a part of "emoluments"
for the purpose of rent. Fixed addition to the pay of a post in lieu of
overtime shall, however, be reckoned as emoluments in respect of Class I and
Class II officers.
(f) "family" means the wife or husband,
as the case may be, and children, step children, legaly adopted children,
parents, brothers or sisters as ordinarily reside with and are dependent on the
employee;
(g) "Government" means the Central
Government;
(h) "Port" means the Port of Cochin.
(i) "Priority date" of an employee in
relation to a type of residence to which he is eligible under regulation 6
means the earliest date from which he has been continuously drawing emoluments
relevant to a particular type or a higher type in a post under the Board except
for periods of leave;
Provided that in the case of
an employee, who before the 1st day of July, 1959, had drawn less than Rs.
110/- per mensem as emoluments in a Class III post, the period during which he
drew such emoluments shall also be counted towards his priority date for
"A" type residence;
Provided
further that in the case of an employee who is on deputation to any foreign
service, the period of foreign service; shall, on his re posting in an eligible
office under the Board, be included for the purpose of determination of his
priority date;
provided further that where
the priority date of two or more employees is the same, seniority among them
shall be determined (i) by the amount of emoluments drawn by each such
employee, the employee in receipt of higher emoluments taking precedence over
the employee in receipt of lower emoluments and (ii) where the emoluments are
equal, by the length of service under the Board:
(j) "rent", unless in any case it be
otherwise expressly provided in these Regulations, means the sum of money
payable monthly as mentioned below: -
Standard rent of the unit
occupied or 10% of the monthly emoluments of the employee, whichever is less:
Provided that in the case of
Class III and Class IV employee whose pay is less than Rs. 200/-, the rent
would mean 71/2 of monthly emoluments or the standard rent of the unit occupied
whichever is less;
Provided
further that where concession is given to piece rate Shore Labor, the principle
governing such concession would continue to apply to determine the rent for
quarters allotted to them as modified by the Board from time to time.
Explanation. Notwithstanding
anything contained in these Regulations, where a Class III or Class IV employee
is allowed to occupy a residence of lower type than what he/she is entitled to
and the quarter of the type to which he/she is entitled is not offered to
him/her, the rent will be on the basis of the maximum of the pay range for
which such quarters are allotted.
The first provision and the
explanation will come into effect from 1-1-69.
Explanation for assessment of
Standard Rent: Standard monthly rent shall mean 1/200th of the capital cost of
the residence;
Pooled standard rent of a
residence shall mean the total standard monthly rent as calculated above for
the residences belonging to each type divided by the total number of residences
included in the pool.
(k) "residence" means any residence for
the time being under the administrative control of the Chairman or any other
officer appointed for the purpose:
(l) "sub-letting", includes sharing of
accommodation by an allottee with another person with or without payment of
rent by such other person;
Explanation. Any sharing of
accommodation by an allottee with close relations shall not be deemed to be
"sub-letting".
(m) "temporary transfer" means a transfer
which involves an absence for a period not exceeding four months;
(n) "transfer" means a transfer from the
service of the Board to any other post;
(o) "type" in relation to an employee
means the type of residence to which he is eligible under regulation 6.
Regulation - 4. Ineligibility of officers owning Houses for Allotment under these Regulations.
No employees shall be eligible
for allotment of Board's accommodation, if-
(a) He/she owns
a house within the limits of [Cochin
Corporation] including the suburban area coming within 20 kms, by the shortest route by
road and or water from the normal place of duty of the employee in the Port in
which he/she can, in the opinion of the Chairman reside consistently with
his/her official position.
(b) His
wife/her husband or any dependent child owns a house [within
the limits of Cochin Corporation] including the suburban area coming within 20
Kms, by the shortest route by road and/or water from the normal place of duty
of the employee in the Port in which he/she can, in the opinion of the Chairman
reside consistently with his/her official position.
(c) His/her
father, mother or any other dependent relation owns a house [within
the limits of Cochin Corporation] including the suburban area coming within 20
Kms, by the shortest route by road and/or water from the normal place of duty
of the employee in the port in which he/she can, in the opinion of the Chairman,
reside consistently with his/her official position and without inconvenience to
himself/herself or to the owner thereof.
Any
employee, who on any date (hereafter referred in the rules as relevant date)
subsequent to the date of making application for allotment of quarters of
subsequent to the date of allotment of Port accommodation, becomes ineligible
for Port's accommodation under (a), (b) or (c) of the above rule, shall notify
the fact to the Chairman or the Officer appointed within a period of 7 days or
the 'relevant date'. In the case of employee's failure to so notify, the
Chairman may reject the application for allotment or if an allotment has
already been sanctioned, cancel such allotment with effect from the relevent
date and require the employee to vacate the Port accommodation forthwith.
Notwithstanding
the foregoing provisions of the regulation, the Chairman for the purpose may
allot or re-allot Port accommodation to an employee who becomes ineligible for
Port accommodation as stated under 1 (a), (b), (c);
(1) If he is
satisfied that it is not possible for the employee, for reasons beyond his
control, to obtain vacant possession of the house, on his agreeing to pay
standard rent fixed for the quarter allotted to him.
(2) If he is
satisfied that it will be in the Port's interests to house the employee in the
Port's quarters.
(3) (a)
Occupation. A person who is allotted quarters will occupy it within 8 days from
the date of allotment, failing which he will be liable to lose his claim for
the occupation thereof.
Provided however, that the
Chairman may extend the above period in any particular case according to merits
of the case.
Provided further that the
person who loses his claim for the occupation of quarters due to his failure to
occupy them within the period permitted will however be eligible to apply for quarters again
and every such application will be treated as a new application for quarters.
(b) No unit
should be occupied by more than one family, unless otherwise specifically
permitted in writing by the Chairman.
Regulation - 5. Allotment to Husband and Wife-Eligibility in cases of officers who are married to each other.
(1) No
employees shall be allotted a residence under these regulations if the wife or
the husband, as the case may be, of the employee has already been allotted a
residence unless such residence is surrendered:
Provided that this clause
shall not apply where the husband and wife are residing separately in pursuance
of an, order of judicial separation made by any court.
(2) Where two
employees in occupation of separate residences allotted under these regulations
marry each other, they shall, within one month of the marriage, surrender one
of the residences.
(3) If a
residence is not surrendered as required by clause (2) above, the allotment of the
residence of the lower type shall be deemed to have been cancelled on the
expiry of such period and if the residences are of the same type, the allotment
of such one of them as the Chairman or the officer appointed for the purpose by
the Board may decide shall be deemed to have been cancelled on the expiry of
such period.
(4) Where both
husband and wife are employed under the Board, the title of each of them to
allotment of a residence under these regulations shall be considered
independently.
Regulation -6. Classification of Residences.
Save as
otherwise provided by these regulations, an employee shall be eligible for
allotment of a residence of the type shown in the Table below:
Table
|
SI.
No.
|
Quarter
type
|
Basic
Pay Ceiling (in Rs.)
|
|
1
|
I
|
3700
|
|
2
|
II
|
4300
|
|
3
|
III
|
5500
|
|
4
|
IV
|
7070
|
|
5
|
V
|
10750
|
|
6
|
VI
|
13000
|
|
7
|
VII
|
14500
|
|
# Reserved for Chairman, Deputy Chairman and Head of
Department
|
N.B.
Officers other than Chairman, Dy. Chairman, Heads of Departments and those in
the scale of Rs. 13000 are not normally entitled to get accommodation in Type
VI and VII quarters as a matter of right irrespective of the fact that they
might have drawn basic pay exceeding the maximum of the pay slab prescribed for
type V quarters.
Note: If an employee is in
occupation of a higher type of residence than what is entitled to on the
date of
implementation of this amendment, he shall continue to enjoy the benefit in
respect of that residence.
Regulation -7. Application for allotment.
(1) An employee
who seeks allotment of residence or the continuance of allotment of a residence
which has been allotted him, may apply at any time and shall if directed to do
so, to the Chairman or the Officer appointed by the Board for this purpose in
such form and in such manner and by such date as may be prescribed by the
Chairman or the Officer appointed by the Board for the purpose.
(2) All
applications received otherwise than in pursuance of a direction issued under
Clause (1), shall be considered for allotment in the succeeding month if such
application has been received before the 20th day of a calender month.
(3)
Notwithstanding any other provision in these Regulations, the Chairman may
allot residence to any employee in the interest of the Port's work irrespective
of whether he has applied for it or not and he shall occupy the residence so
allotted.
(4)
"Notwithstanding any other provisions contained in these Regulations the
Chairman may allot quarters to the employees of local bodies for other Govt.
Departments like Railway, Kerala Police, Post and Telegraph, Central Industrial
Security Force, Kendriya Vidyalaya, Port Health Organization, Inspectorate of
Dock Safety, Department of Tourism, Civil Aviation Department, Concurrent Audit
etc., who are closely connected with the working of the Port and in the opinion
of the Chairman, should be provided with accommodation for the smooth
functioning of the Port. The monthly rent in such cases shall be as follows.-
|
(a) CISF Porsonnel
other than Officers
|
Free
|
|
(b) CISF Officers and
Audit Staff.
|
At flat rate on area
basis as fixed by the Port based on the Government orders on the subject.
|
|
(c) Central Govt.
Employees other than CISF Audit and all other categories
|
At flat rate on area
basis as fixed by the Port subject to the remittance of the HRA so saved by the
concerned Government Department from the pay of their employees to Port
|
Regulation -7A. Reservation for SC/ST employees in allotment of Quarters.
(i) Notwithstanding anything Contained in these
Regulations, 10 % of Type I. Type II, Type III and 5 % of Type IV & Type V
quarters shall be allotted to Scheduled Caste and Scheduled Tribe Employees in
the order of their seniority.
(ii) A Separate waiting list of eligible SC /ST
employees shall be maintained for this purpose. The employees shall be entitled
for allotment of their entitled type according to their turns per this waiting
list.
(iii) Vacancies available in the quota reserved for
the purpose shall be allotted in the ratio 2: 1 to the SC/ST employees. In
case, however, there is no ST employee available such reserved accommodation
shall be allotted to SC employee.
(iv) Scheduled Caste/Scheduled Tribe employees who
are already in occupation of Departmental quarters shall not be entitled to be
considered for allotment to higher type from the reserved quota.
Regulation -8. Maintenance of separate pools for certain categories of employees.
(1) Notwithstanding
anything contained in these Regulations, the following pools shall be
maintained, namely,
(i) Residence
for the Chairman.
(ii) Pool of
residences for Deputy Chairman, if any, and Heads of Departments.
(iii) Lady
employees, pool for lady employees except for those who are married and whose
husbands are eligible for allotment under these regulations.
(2) The number
and the type of residence to be placed in these pools shall be determined by
the Board from time to time.
(3) Inter-se
seniority of the employees eligible for allotment of residences under these
regulations shall be determined in accordance with the date of their
appointment in the post which entitle them for consideration of allotment of
residence included in the pool.
Regulation -9. Out of turn allotment.
Notwithstanding
any other provisions in these regulations the Chairman may allot a residence
out of turn to an employee in the following cases.
(1) Physically
handicapped employees on the basis of the percentage of disability assessed by
a Committee consisted of Deputy chairman, Chief Medical Officer, Secretary and
Estate Manager.
(2) In case of
an employee or any member of his or her family suffering from chronic diseases
requiring frequent and prolonged hospitalization and treatment at the Port
Hospital on production of certificate to that effect from the Chief Medical
Officer or the Deputy Chief Medical Officer of the Port Hospital.
(3) Operationally
important post holders whose presence in the Port premises are unavoidable and
essential for departmental interest.
Regulation -10. Non-acceptance of allotment or offer or failure to accept the allotted residence after acceptance.
(1) If an employee fails to accept the allotment
of a residence within 5 days from the date of receipt of letter of allotment or
fails to take possession of that residence after acceptance within 8 days from
the date of receipt of the letter of allotment he shall not be eligible for
another allotment for a period of 2 years from the date of the allotment
letter.]
(2) If an employee occupying a lower type of
residence is allotted or offered a residence of the type for which he is
eligible under regulation 6 or the immediately lower type, he may, on refusal
of the said allotment or offer of allotment, be permitted to continue in the
previously allotted residence on the following conditions, namely.
(a) that such
an employee shall not be eligible for another allotment for a period of five
years from the date of the allotment letter for the higher class of
accommodation.
(b) while
retaining the existing residence he shall be charged the same rent which he
would have had to pay under Fundamental Rule 45-A in respect of the residence
so allotted or offered or the rent payable in respect of residence already in
his occupation, whichever is high.
Regulation -11. Period for which allotment subsists and the concessional period for further retention.
(1) An
allotment shall be effective from the date on which it is accepted by the
employee and shall continue in force until,
(a) the expiry
of the concessional period permissible under sub-regulation (2) below,
after the employee cease to be on duty in an eligible office under the Board;
(b) it is
cancelled by the Chairman or the officer appointed for this purpose by the
Board or is deemed to have been cancelled under any provisions in these
regulations.
(c) it is
surrendered by the employee or
(d) the
employee ceases to occupy the residence.
(2) A residence
allotted to an employee may subject to sub-regulation (3), be retained on the
happening of any of the events specified in column 1 of the Table below for the
period specified in the corresponding entry in column 2 thereof, provided that
the residence is required for the bona-fide use of the employee or members of
his family.
TABLE
|
|
Events
|
Permissible period for
retention of the residence
|
|
|
1
|
2
|
|
(i)
|
Resignation, dismissal
removal or termination of service
|
1 month
|
|
(ii)
|
Retirement or terminal leave
|
2 months
|
|
(ii)
|
Death of the allottee
|
4 months
|
|
(iv)
|
Transfer to a place
outside the Port
|
2 months
|
|
(v)
|
On proceeding on
foreign service in India
|
2 months
|
|
(vi)
|
Temporary transfer in
India or deputation to a place outside India
|
4 months
|
|
(vii)
|
Leave (other than leave
preparatory to retirement, refused leave, terminal leave, Medical leave or
study leave)
|
For the period of leave
but not exceeding 4 months
|
|
(viii)
|
Leave preparatory to
retirement or refused leave granted under Fundamental Rule 86
|
For the full period of
leave on full average pay subject to a minimum of 4 months inclusive of the
period permissible in the case of retirement
|
|
(ix)
|
Study leave or
deputation outside India
|
For the period of leave
but not exceeding 6 months
|
|
(x)
|
Study leave in India
|
For the period of leave
but not exceeding 6 months
|
|
(xi)
|
Leave on medical
grounds (other than T.B. leave)
|
For the period of leave
but not exceeding 8 months
|
|
(xii)
|
Medical leave on
grounds of T.B.
|
For the full period of
leave
|
|
(xiii)
|
On proceeding on
training
|
For the full period of
training
|
Explanation. The period
permissible on transfer mentioned against items (iv), (v) and (vi) shall count
from the date of relinquishing charge plus the period of leave, if any
sanctioned to and availed of by the employee before joining duty at the new
office.
(3) where a
residence is retained under sub-regulation (2) above, the allotment shall be
deemed to be cancelled on the expiry of the admissible concessional period
unless immediately on the expiry there of the employee resumes duty in an
eligible office under the Board.
(4) An employee
who has retained the residence by virtue of the concession under them (i) or
item (2) of the Table below sub-regulation (2) shall, on re-employment in an
eligible office under the Board within the period specified in the said Table,
be entitled to retain that residence and he shall also be eligible for any
further allotment of residence.
Provided that if the
emoluments of the employee on such re-employment do not entitle him, to the
type of residence occupied by him, he shall be allowed a lower type of
residence on the occurrence of a vacancy.
Regulation -12. Recovery of rent.
The rent and other charges
will accrue from the date of actual occupation of the unit or from the 8th day
of allotment whichever is earlier and may, wherever possible, be deducted from
the pay sheet of the occupant. In other cases, the charges should be paid in
cash by the occupants on a prescribed date and anyone who is in arrears for
more than one month, will lose his right to occupy the unit allotted to him.
The arrears will be recovered in one lumpsum from the next p ay.
Regulation -12A.
The
allottee will also be required to pay the cost of water, electric energy etc.,
consumed and also a nominal rent Rs. 1/- per mensum for each yielding coconut
tree or whatever revised rent the Board may fix from time to time, if any,
standing in the compound of the residence.
Regulation -13. Personal liability of the employee for payment of rent till the residence is vacated and furnishing of surety by temporary employee.
(1) The
employee to whom a residence has been allotted shall be personally liable for
the rent thereof and for any damage beyond fair, wear and tear caused thereto
or to the furniture fixtures or fittings or services provided therein by the
Board during the period for which the residence has been and remains allotted
to him, or where the allotment has been cancelled under any of the provisions
in these regulations, until the residence along with the out-houses
appurtenant' thereto have been vacated and full vacant possession thereof has
been restored to the Board.
(2) Where the
employee to whom a residence has been allotted is neither a permanent nor a
quasi-permanent employee of the Board, he shall execute a security bond in the
form prescribed in this behalf by the Board with a surety, who shall be a
permanent employee of the Board for due payment of rent and other charges due
from him in respect of such residence and services and any other residence provided
in lieu.
(3) If the
surety ceases to be in the service of the Board or becomes insolvent or
withdraws his guarantee or ceases to be available for any other reasons, the
employee shall furnish a fresh " bond executed by another surety, and if he
fails to do so, the allotment of the residence to him shall, unless otherwise
decided by the Chairman (x
x x) be deemed to have been cancelled with effect from the date of that event.
(4) without
prejudice to any action that may be taken under section 130 and 131 of the
Major Port Trusts Act, 1963 (38 of 1963 ) an employee shall also render himself
liable to disciplinary action and to such punishment as may be decided upon by
the Board in the case of any breach of this regulation.
Regulation -14. Surrender of an allotment and period of notice.
An employee may at any time
surrender an allotment by giving intimation so as to reach the Chairman or the
officer appointed for this purpose by the Board at least 10 days before the
date of vacation of the residence. The allotment of the residence shall be
deemed to be cancelled with effect from the 11th day after the day on which the
letter is received by the Chairman or the officer appointed for this purpose by
the board or the date specified in the letter, whichever is later. If he fails
to give due notice, he shall be responsible for payment of rent for 10 days or
the number of days by which the notice given by him falls short of 10 days,
provided that the Chairman or the officer appointed for this purpose by the
Board may accept a notice for a shorter period .
[He shall
not be eligible for another allotment for a period of one year from the date
from which non-accommodation certificate is issued by the accommodation
controlling authority, provided house rent allowance was granted to him during
the period]
Regulation -15. Change of residence.
(1) An employee
to whom a residence has been allotted under these regulation may apply for a
change of residence within the same type. Not more than one change shall be
allowed in respect of one type of residence allotted to the employee.
(2) Changes
shall be offered on the basis of inter-se seniority of priority date for
allotment of quarters among the employees who have applied for change of
quarters. All applications for change received on or before 20th day of a calender
month will be considered for change in the succeeding month.
(3) If an employee fails to accept a change of
residence offered to him within 5 days of the receipt of such offer for
allotment, he shall not be considered again for a change of allotment of that
type.
Regulation -16. Mutual exchange of residence.
Employees to whom residence of
the same type have been allotted under these regulations may apply for
permission to mutual exchange of their residence permission for mutual
exchanges may be granted if both the employees are reasonably expected to be on
duty under the Board and to reside in their mutually exchanged residences for
atleast [two
years] from the date of approval of such exchange.
Regulation -17. Maintenance of residence.
The employee to whom a
residence has been allotted shall maintain the residence and premises in a
clean condition to the satisfaction of the Board. Such employees shall not grow
any tree, shurbs or plants contrary to the instructions issued by the Chairman
or the Officer appointed for this purpose by the Board not cut or lop off any
existing tree or shurb in any garden, courtyard or compound attached to the
residence save with the prior permission in writing of the Chairman or the
Officer appointed for this purpose by the Board. Trees, plantation or
vegetation grown in contravention of this regulation may be caused to be
removed by the Chairman or the Officer appointed for this purpose by the Board
at the risk and cost of the employee concerned.
Regulation -18. Subletting and sharing of residences.
No occupant
shall sublet or underlet any portion of his quarters or take in lodgers or
allow any outsider other than a casual visitor to live in his quarters
Regulation -19. Suspension of allotment of quarters.
(1) When a
quarter is allotted to an employee, he will normally be allowed to retain the
quarter until he surrenders it, or retires or resigns, or he is allotted
another quarter or the allotment is cancelled by the Chairman
(2) (x x x)
Regulation -20. Forfeiture of house rent allowance.
(1) No house
rent allowance shall be payable to the employees to whom quarters are allotted.
Provided that when quarters
are shared, the sharer or sharers belonging to Class III or Class IV service
excluding the allottee shall be paid house rent allowance as may be admissible
if however the allottee occupies quarters on a rent-free basis, the sharer or
sharers will not be entitled to house rent allowance
(2) The
accommodation controlling authority shall furnish information regarding non
acceptance of allotment offer or failure to accept the allotted residence after
acceptance or surrender of an allotment to the Head of the Department to
regulate the grant of house rent allowance to the employee according to the
orders on the subject.
Note. Refusal to occupy
accommodation of a type other than that for which the employee is eligible is
not "refusal" for the purpose of this rule.
Regulation -21. Free allowance of drinking water.
Free allowance of drinking
water will be allowed to occupants on the scale laid down by Board from time to
time.
Regulation -22. Keeping of cattle.
(a) No allottee
will be allowed to keep cattle in willingdon Island without a permit issued by
the Chairman or the Officer authorized by him in this behalf. A token bearing a
number will be issued and this should be tied round the neck of the cattle
(b) Only one
cow and a calf should be maintained by a family. A fee of Rs. 5/- towards the
permit will be levied,
(c) An employee
found keeping cattle without permit and token will be liable to pay a penalty
of Rs. 50/-
(d) Allottees
to whom permits for keeping cattle have been issued will be responsible or
maintaining the precinets in a clean and sanitary condition. They will also be
responsible for carrying out any suggestions made by the Board or the Port
Health Department for improving the sanitary conditions.
(e) The
allottee should keep the cattle within the grounds of their quarters and should
not allow them to stray elsewhere.
(f) If any
allottee contravenes any of the above conditions, the chairman may after
issuing a notice, cancel the allotment of the quarter concerned.
(g) Unclaimed
cattle will be disposed of under the provisions of the Kerala Cattle Tresspass
Act.
Regulation -23. Consequence of breach of rules of conditions.
(1) Without
prejudice to any action that may be taken under sections 130 and 131 of the
Major Port Trust Act 1963 (38 of 1963), the following penalties may, in
addition for good and sufficient reasons, be imposed by the Board.
If an
employee to whom residence has been allotted fails
without sufficient cause to bring his family to reside with him within a
reasonable period to be decided by the Chairman or the Officer authorized in
this behalf depending on the merit of each case, or) unauthorisedly sublets the
residence or charges from the sharer at a rate which the Chairman or the
Officer appointed for this purpose by the Board considers excessive or erects
any unauthorized structure in any part of the residence, or uses the residence
or any portion thereof for any purpose other than that for which it is meant or
tampers with the electric or Water connection, or commits any other breach of
the regulation, or the terms and conditions of the allotment or uses the
residences or premises or permits or offers the residence or premises to be
used for any purpose which the Chairman or the Officer appointed for this
purpose by the Board considers to be improper, or conducts himself in a manner
which, in his opinion, is prejudicial to the maintenance of harmonious
relations with his neighbors, or has knowingly furnished incorrect information
in any application or written statement, with a view to securing the allotment,
the Chairman or the officer appointed for this purpose by the Board may cancel
the allotment of the residence.
Explanation. In this clause,
the expression 'employee' includes, unless the context otherwise requires, a
member of his family and any person claiming through the employee.
(2) If the
employee has in any application or statement suppressed any material fact, the
Chairman or the officer appointed for this purpose by the Board may cancel the
allotment with effect from the date he become ineligible for allotment of the
Board's accommodation.
(3) If an
employee sublets a residence allotted to him or any portion thereof or any of the
outerhouses, grades or stables apartment thereto, in contravention of these
regulations, he may without prejudice to any other action that may be taken
against him be charged enhanced rent not exceeding 4 times the standard
rent (x x
x). The quantum of rent to be recovered and the period for which the same may
be recovered in each case will be decided by the Chairman (x
x x) on merits. In addition the employee may be debarred from sharing the
residence for specified period in future as may be decided by the
Chairman (x x
x).
(4) Where
action to cancel the allotment is taken on account of unauthorized subletting
of the premises by the allottee a period of sixty days shall be allowed to the
allottee and any other person residing with him there in to vacate that
premises. The allotment shall be cancelled with effect from the date the
vacation of the premises or expiry of the period of sixty days from the date of
the orders for the cancellation of the allotment, whichever is earlier.
(5) Where the
allotment, of a residence is cancelled for conduct prejudicial to the
maintenance of harmonious relations with neighbour: the employee at the
discretion of Chairman (x
x x) may be allotted another residence in the same class at any other place.
(6) The
Chairman or the officer appointed for this purpose by the Board shall be
competent to take all or any of the actions under sub-regulations (1) to (5) of
this regulation and also to declare the employee, who commits a breach of these
regulations and instructions issued to him to be ineligible for allotment of
residential accommodation for a period not exceeding three years. Where the
case relates to a Class I employee, the approval of the Board should be taken.
Regulation -24. Overstayal in residence after cancellation of allotment.
Where, after an allotment has
been cancelled or is deemed to be cancelled under any provision contained in
these regulations, the residence remains or has remained in occupation of the
employee to whom it was allotted or of any person claiming through him, such
employee shall be liable to pay damages for use and occupation of the
residence, services, furniture and garden charges, equal to the market rent as
may be determined by the Board from time to time.
Provided that an employee, in
special case, may be allowed by the Chairman or the officer appointed for this
purpose by the Board to retain a residence on payment of twice the standard
rent (x x
x) or twice the pooled standard rent (x
x x) whichever is higher for a period not exceeding six months.
Regulation -25. Continuance of allotment made prior to the issue of these regulations.
Any valid allotment of
residence which is subsisting immediately before the commencement of these
regulations under the rules then in force shall be deemed to be an allotment
duly made under these regulations notwithstanding that the employee to whom it
has been made is not entitled to a residence of that type under regulation 6
and all the preceding provisions of these regulations shall apply in relation
to that allotment and that employee accordingly.
Regulation -26. Interpretation of regulations.
If any question arises as to
the interpretation of these regulations the same shall be decided by the Board.
Regulation -27. Relaxation of regulations.
The Chairman (x
x x) may for reasons to be recorded in writing relax all or any of the
provisions of the regulations in the case of any employee or residence or class
of employees or type of residences.
Regulation -28. Delegation of power of functions.
The Chairman or the Board may
delegate any or all the powers conferred upon him or it by these regulations to
an officer under his or its control subject to such conditions as he or it may
deem fit to impose.