Rsp - Regulations

TUTICORIN PORT TRUST EMPLOYEES (RECRUITMENT,

SENIORITY AND PROMOTION) REGULATIONS,1979.

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

1. Short title and commencement:- (1) These regulations may be called the Tuticorin Port Trust Employees (Recruitment, Seniority and Promotion) Regulations, 1979.

(2) They shall come into force on the first day of April,1979.

2. Application:- They apply to all posts under the Board, except those covered by clause (a) of sub-section (1) of Section 24 of the Act.

3. 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 any grade or post means the authority empowered under the Tuticorin Port Employees (Classification, Control and Appeal) Regulations, 1979, to make appointment to that grade or post;

(c) " Board", "Chairman", "Deputy Chairman" and "Head of Department" shall have meanings respectively assigned to them under the Act;

(d) "cadre" means the strength of a service, or a part of a service sanctioned as a separate unit, consisting of posts or categories of posts the incumbents of which are eligible to be considered for transfer or for promotion by seniority-cum-fitness or seniority-cum-merit when vacancies in higher post occur in the same service or part of the service;

(e) "Class I Posts", "Class II Posts", "Class III Posts",and "Class IV Posts" shall have the same meanings as assigned to them in the Tuticorin Port Employees (Classification, Control and Appeal) Regulations, 1979;

(f) "Departmental Promotion Committee" means a Committee constituted from time to time under Regulation 29 for the purpose of making recommendation for promotion or confirmation in any grade or post;

(g) "direct recruit" means a person recruited on the basis of a competitive examination or interview or both by the Services Selection Committee;

(h) "duty post" means any post of a particular type whether permanent or temporary;

(i) "employee" means an employee of the Board;

(j) "grade" means any of the grades specified in the Schedule of Board's staff prepared and sanctioned under Section 23 of the Act;

(k) " permanent employee" in relation to any grade or post means any employee who has been substantially appointed to a permanent vacancy in that grade or post;

(l) " Schedule" means the Schedule appended to these Regulations;

(m) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings assigned to them in clauses (24) and (26) of Article 366 of Constitution of India;

(n) "Select list" in relation to any grade or post means the select list prepared in accordance with Regulation 30 for that grade or post;

(o) "selection post" means a post declared as such under Regulation 7 of these Regulations;

(p) "Services Selection Committee" means the committee constituted under Regulation 16 for the selection of candidates by means of all competitive examination or interview or both for appointment to posts reserved for direct recruitment;

(q) "temporary employee" in relation to any grade or post means an employee holding a temporary or officiating appointment in that grade or post.

4. Gradation list of employees:- A gradation list indicating the respective seniority of the employees shall be maintained for each grade. The list shall indicate separately the permanent and temporary employees.

5. Authorised permanent and temporary strength:- The authorised permanent and temporary strength of the various grades shall be as in the Schedule of staff prepared and sanctioned from time to time under Section 23 of the Act.

6. Appointments:- All appointments to posts to which these regulations apply shall be made in accordance with the provisions of these regulations. Appointments may be made either by promotion or transfer of employees or by direct recruitment.

7. Method of recruitment:- The method of recruitment, the qualifications in respect of age, education, training, requirements of minimum experience, essential and/or desirable, classification of posts as selection posts or non selection posts and other matters connected with the appointments to various posts shall be as shown in the Schedule annexed to this Regulations.

Provided that the prescribed upper age limits may be relaxed:-

(i) by the Chairman upto 5 years where the minimum experience prescribed is 10 years or more and upto 3 years where the minimum experience prescribed is 5 to 9 years; if there is shortage of suitable candidates or if the selected candidate is educationally more highly qualified than required under the Regulations.

Provided further that the orders issued by the Central Government from time to time for relaxation of the age limits and other concessions in favour of Scheduled Castes, Scheduled Tribes, 0ther Backward Classes, Ex-Servicemen, Dependents of those killed in action, Physically Handicapped persons and other special categories of persons shall apply mutatis-mutandis to all appointments covered by these Regulations.

Provided further that the prescribed lower age limit and educational and other qualifications may, for good and sufficient reasons, to be recorded in writing, be relaxed by the Chairman, if a candidate is otherwise found suitable and well qualified;

Provided also that the qualifications regarding experience is relaxable at the discretion of the Chairman in the case of candidates belonging to the Scheduled Castes and the Scheduled Tribes if at any stage of selection the Chairman is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the posts reserved for them.

8. Probation: (1) Every person appointed to a post specified in column 2 of the Schedule, whether by direct recruitment or by promotion or transfer shall, subject to the provisions of sub-regulations (2) and (3), be on probation for the period specified against that post in that schedule;

Provided that where the appointment itself is for a period specified in the appointment order, such appointment shall stand terminated on the expiry of such period, unless such period is extended by the appointing authority.

(2) The period of probation may, if the appointing authority deems fit, be extended for a specific period at a time, but the total period of such extension shall not, save where any extension is necessary by reason of any departmental or legal proceedings pending against the employee, exceed one year.

Provided that an employee may prefer an appeal against on order of extension of probation to the authority immediately superior to the appointing authority.

(3) During the period of his probation, an employee may be required to undergo such departmental training and pass such departmental tests as the Chairman may, from time to time, specify in this behalf.

9. Confirmation of employees on probation:- (i) When an employee appointed on probation to any entry grade or post has passed the specified departmental tests and has completed his probation to the satisfaction of the appointing authority, he shall be eligible for confirmation in that grade or post;

(ii) Until an employee on probation is confirmed under this regulation or is discharged or reverted under Regulation 10, he shall continue to have the status of an employee on probation;

(iii) In case of promotion, where specific period of probation, is prescribed, the employee shall be required to complete the period of probation satisfactorily.

10. Discharge or reversion of employees on probation:- (1) An employee on probation who has no lien on any posts shall be liable to be discharged from service at any time without notice if:-

(a) on the basis of his performance or conduct during the period of probation, he is considered unfit for further retention in service; or

(b) on the receipt of any information relating to his nationality, age, health, education and other qualifications or antecedents, the appointing authority is satisfied that he is ineligible or otherwise unfit for being continued in service.

(2) An employee on probation who holds a lien on a post may be reverted to such post at any time in any of the circumstances specified in sub-regulation (1).

(3) An employee on probation who is not considered suitable for confirmation at the end of the period of probation prescribed in regulation 8, shall be discharged or reverted in accordance with sub-regulation (1) or sub-regulation (2), as the case may be.

11. Seniority:- (1) Permanent employees: - The seniority inter-se of personnel substantively appointed in a grade or post shall be regulated by the order in which they are so appointed.

(2) Temporary employees:- The seniority of persons directly recruited to a grade and persons appointed on the basis of departmental promotion shall be assigned seniority inter-se according to rotation of vacancies between direct recruits and promotees which shall be based on the quota of vacancies in the grade reserved for direct recruitment and promotion.

(3) Direct recruits shall be ranked inter-se in the order of merit in which they are placed at the examination or interview on the results of which they are recruited, the recruits of an earlier examination or interview being ranked senior to those of a later examination or interview.

(4) Persons appointed against promotion quota of vacancies shall be ranked inter-se according to the order in which they are approved for promotion by the Departmental Promotion Committee.

(5) Notwithstanding anything contained in sub-regulations (1) to (4) above the seniority already determined prior to the commencement of these regulations shall remain unaffected.

12. Maintenance of roster:- A roster shall be maintained by the Head of Department for each grade in his Department to show whether a particular vacancy should be filled by direct recruitment or promotion. However, in respect of common cadres, the Secretary shall maintain the roster.

13. Reservation:- Orders issued by the Central Government from time to time for the reservation of appointments whether by direct recruitment or promotion to posts under it in favour of Scheduled Castes, Scheduled Tribes, Other Backward Classes, Ex-Servicemen, Dependents of those killed in action, Physically Handicapped persons and other special categories of persons shall apply mutatis mutandis to appointments covered by these Regulations.

14. Application for direct recruitment:- (1) A candidate for appointment by direct recruitment shall apply before such date in such form and in such manner as may from time to time be prescribed by the Chairman. He shall also submit proof of his age, qualifications or experience, as the Chairman may require.

(2) The crucial date for determining age limit shall in each case be the date for receipt of application in India.

15. Eligibility and disqualification for direct recruitment:

(1) In order to be eligible for direct recruitment to any grade or post, a candidate must be:-

(a) a citizen of India; or

(b) a subject of Nepal; or

(d) a Tibetian or refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India; or

(e) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or the East African countries of Kenya, Uganda or the United Republic of Tanzania (formerly Tanganika and Zanzibar) with the intention of permanently settling in India;

Provided that a candidate belonging to category (a) shall produce such proof of his nationality, as the Chairman may from time to time require;

Provided further that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India:

Provided also that a candidate in whose case the proof of nationality or a certificate of eligibility is necessary may be provisionally appointed, pending the production by him of the necessary proof or the issue of the necessary certificate in his favour by the Central Government, as the case may be.

(2) No person:-

(a) who has entered into or contracted a marriage with person having a spouse living, or

(b) who having a spouse living has entered into or contracted a marriage with any person;

shall be eligible for appointment to any grade or post to which these regulations apply:

Provided that the Chairman may, if satisfied, that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of the sub-regulation.

(3) A candidate must satisfy the appointing authority that his character and antecedents are such as to make him suitable for appointment to any grade or post. No candidate who has been convicted by a court of law for an offence involving moral turpitude or who has been adjudged as an insolvent shall be eligible for appointment to the Board's service.

(4) If any question arises whether a candidate does or does not satisfy all or any other requirements of this regulation, the same shall be decided by the Chairman.

(5) The Chairman may, with the prior approval of the Central Government, modify or waive any of the requirements of sub-regulation (1) when an appointment for work of a special nature is to be made and it is not practicable to obtain a suitable candidate who fulfills the requirements of these regulations.

(6) Physical fitness of candidate:- A candidate shall be in good mental and bodily health and free from any physical defects likely to interfere with the discharge of his duties as an employee of the Board. A candidate who, after such medical examination as the Chairman may specify is found not to satisfy those requirements will not be appointed.

16. Services Selection Committee:- (1) There shall be a Services Selection Committee for each category of posts, as mentioned in sub- regulation (2), and the main functions of such Committee shall be to advise and assist the appointing authority in the matter of making selection of candidates for appointment to different posts by direct recruitment.

(2) The category of posts and the Services Selection Committee therefor referred to in sub-regulation (1) shall be the following namely:-

(a) For Class I and Class II posts:

CHAIRMAN:

Chairman or Deputy Chairman as may be decided by the Chairman.

MEMBERS:

(i) Head of the Department in which the vacancy exists;

(ii) Secretary;

(iii) Another Head of Department or a senior officer nominated by the Chairman;

(iv) An officer belonging to SC/ST/OBC nominated by the Chairman for representing the interests of SC/ST/OBC;

(v) If so, directed by the Chairman, another person from outside the Tuticorin Port Trust, who in the opinion of the Chairman has the appropriate professional or technical background and experience for assisting the selection.

(b) For Class III posts:

CHAIRMAN:

Head of the Department who controls the cadre.

MEMBERS:

(i) Two officers nominated by the Chairman/Deputy Chairman of the Board.

(ii) An officer belonging to SC/ST/OBC/ Minority community for representing the interests of SC/ST/OBC/Minority community.

Provided that one of the members of the Services Selection Committee whether from the general category or from the minority community or from SC/ST/OBC shall be a lady officer failing which another lady officer shall be co-opted as one of the members in the Services Selection Committee.

CHAIRMAN:

Head/Deputy Head of Department which controls the cadre as may be nominated by the Chairman/Deputy Chairman of the Board.

MEMBERS:

(i) Two officers nominated by the Chairman/Deputy Chairman of the Board;

(ii) An officer belonging to SC/ST/OBC/Minority community for representing the interests of SC/ST/OBC/Minority community.

Note: As far as possible, the Head of the Department and the officers nominated as members of the Committee shall attend the meeting personally. If due to unavoidable reasons, they cannot attend a meeting personally the next senior officer in their respective Department shall attend the meeting with the prior approval of the Chairman/Deputy Chairman.

(3) Notwithstanding anything contained in this regulation, it shall be open to the Chairman to engage a Consultant or a Firm of Consultants to advise and assist the appointing authority in the matter of making selection of candidates for appointment to different posts by direct recruitment.

17. Manner of direct recruitment:- All appointments by direct recruitment shall be made by the appointing authority on the recommendations of the concerned Services Selection Committee, Consultant, or a Firm of Consultants, as the case may be.

Provided that it shall be open to the Chairman, for reasons to be recorded in writing, not to accept such recommendations in any particular case:

Provided further that where the appointing authority is an authority subordinate to the Chairman and that authority disagrees with such recommendation in any case, it shall record its reasons for such disagreement and submit the case to the Chairman who shall decide the same:

Provided also that in the case of vacancies of a purely temporary nature and leave vacancies, if a person recommended by the concerned Services Selection Committee, Consultant, or a Firm of Consultants, as the case may be, for inclusion in the waiting list referred to in Regulation 24 is not available, the Chairman, may at his discretion appoint suitable persons in such vacancies for a period not exceeding six months, subject to the conditions that:-

(i) no candidate who has completed a total service of six months shall be re-appointed or continued, unless he is selected by the concerned Services Selection Committee, Consultant, or a Firm of Consultants, as the case may be; and

(ii) the services of the person appointed on a purely temporary basis are terminated, as soon as a candidate selected by the concerned Services Selection Committee, Consultant, or a Firm of Consultants, as the case may be is available:

Provided also that in case of immediate necessity and when the waiting list is used up, a purely temporary appointment may be made by the Chairman or the Deputy Chairman pending selection by the appropriate Services Selection Committee, Consultant, or a Firm of Consultants, as the case may be.

17.A. The Marine Officers on their appointment to the categories of (1) Pilot, (2) Marine Engineer, (3) MOT Engineer I Class, and (4) Master Home Trade by direct recruitment shall entitle for the benefits of added service of 5 years for the purpose of computation of pensionary benefits on attaining their age of superannuation.

18. Advertisement of the posts in certain cases:- Posts intended to be filled by direct recruitment shall be advertised, if it appears that the local Employment Exchange is not in a position to recommend names of suitable candidates.

Note:- Copies of the notifications and advertisements should also simultaneously be sent to (1) the Director General, Employment and Training, Ex-Servicemen Cells; New Delhi-1; and (2) such associations, etc., recognised by the Central Government as representative of the Scheduled Castes and Scheduled Tribes, as the case may be for purpose of orders relating to special representation in the services.

19. Grant of higher starting pay or condonation of physical defects in certain cases:- The Services Selection Committee, Consultant, a Firm of Consultants, as the case may be, may, besides recommending candidates for appointment also recommend, in deserving cases the grant of a higher starting pay or condonation of any physical defects in respect of them.

20. Canvassing support to be a disqualification:- Any endeavour on the part of a person or his relations or friends to canvass support by direct or indirect method for his application for appointment in the service of the Board or for promotion to a higher post shall disqualify him for the appointment or promotion.

21. Suppression of facts:- Any candidate who is found to have knowingly furnished any particulars which are false or to have suppressed material information of a character, which if known, would ordinarily have debarred him from getting an appointment in the Board's service is liable to be disqualified and if appointed, to be dismissed from service.

22. Eligibility of existing employees for direct recruitment:- When the posts required to be filled by direct recruitment are advertised, employees already in service may also apply, provided that they possess the prescribed qualifications and experience.

23. Conduct of written or practical tests in certain cases:- The Chairman in the case of Class I posts, and the Chairman or the Deputy Chairman if appointed, in the case of other posts, may decide whether a written or a practical test or both should be held and also name the officer who should hold the said test and the manner in which the test should be held and other details thereof.

24. List of approved candidates for appointment:- The Services Selection Committee, Consultant, or a Firm of Consultants, as the case may be, may recommend, in the order of merit as adjudged by it, the names of the selected candidates to be kept on a waiting list for consideration for appointment to posts earmarked for direct recruits. Such a list may be deemed to be valid for a period of 12 months from the date on which the list is finalised. Such of the candidates on the waiting list as are likely to be offered appointments in appropriate vacancies within a reasonable period may be informed that their names have been kept on the waiting list for being observed in vacancies likely to arise in the near future.

25. Cancellation of appointment order:- If a candidate selected for the post earmarked for direct recruits fails to join duty within the date mentioned in the appointment order and where no such date is mentioned, within 30 days of the date of issue of the appointment order or within such extended period as the Chairman may fix, the appointment order shall be deemed to have been cancelled.

26. Payment of travelling allowance for attending interviews:- In the case of posts filled by direct recruitment all journeys which the candidates (including person already in the service of the Board) may have to perform for the purpose of written and practical tests or interview shall be at their own cost. However, candidates belonging to the Scheduled Castes or the Scheduled Tribes called for written and practical tests or interview may be granted travelling allowance in accordance with the Board's Orders issued from time to time in this behalf.

27. Employment of near relatives of deceased employees:- Notwithstanding anything contained in these regulations, the Chairman or the Deputy Chairman, if appointed, may dispense with the normal procedure of recruitment prescribed in these regulations and appoint the legitimate son or daughter or very near relative or the surviving spouse of an employee of the Board who dies while in service, if the person to be so appointed possesses the prescribed qualifications and experience and is otherwise found suitable.

Note:- The reasons for departing from the normal procedure of making appointments shall be recorded in writing while exercising the power under these regulation. The object of this provision is to render help to the family in indigent circumstances.

28. Part time appointment:- The Chairman may appoint any person or persons on a part time basis for a specific period, not exceeding two years at a time, and on such other terms as may be specified by him from time to time.

29. Departmental Promotion Committee:- (1) There shall be a Departmental Promotion Committee as mentioned in sub-regulation (2) for each category of posts for the different units of the Board the main functions of such Committee being to advise and assist the appointing authority in the matter of making selection of candidates for appointment to different posts by promotion in accordance with these regulations.

(2) The categories of posts and the composition of the Departmental Promotion Committee therefor referred to in sub regulation (1) shall be the following, namely:

(a) For Class I and Class II posts:

(i) Chairman;

(ii) Deputy Chairman;

(iii) Secretary;

(iv) Head of Department where the vacancy exists;

(v) An officer belonging to SC/ST/OBC nominated by the Chairman for representing the interests of SC/ST/OBC.

Note: The Chairman, or in his absence, the Deputy Chairman shall preside over the meeting of this Committee. If owing to unavoidable reasons, the Secretary is unable to attend, a senior officer from his Department may attend with the prior approval of the Chairman or the Deputy Chairman.

(b) For Class III posts:

CHAIRMAN:

Head of the Department who controls the cadre;

MEMBERS:

(i) Two officers nominated by the Chairman/Deputy Chairman of the Board;

(ii) An officer belonging to SC/ST/OBC for representing the interests of SC/ST/OBC.

CHAIRMAN:

Head/Deputy Head of Department which controls the cadre as may be nominated by the Chairman/Deputy Chairman of the Board.

MEMBERS:

(i) Two officers nominated by the Chairman/Chairman of the Board.

(ii) An officer belonging to SC/ST/OBC for representing the interests of SC/ST/OBC.

(3) Where the appointing authority does not agree with the recommendations of the Departmental Promotion Committee, such appointing authority should indicate the reasons for disagreeing and refer the entire matter to the Departmental Promotion Committee for reconsideration of its earlier recommendations. In case the Departmental Promotion Committee reiterates its earlier recommendations, giving also reasons in support thereof, the appointing authority may accept the recommendations, if the reasons adduced by the Departmental Promotion Committee are convincing. If that authority does not accept the recommendations of the Departmental Promotion Committee, it shall submit the papers to the next higher authority with its own recommendations. The decision of the next higher authority shall be final.

30. Field of selection for promotion: (i) Where promotions are to be made by selection method, the field of selection for the purpose of determining the number of employees who shall be considered from out of those eligible employees in the feeder grade(s) with reference to the number of clear regular vacancies proposed to be filled in the year shall be as under:-

No. of vacancies No. of employees

to be considered

1 5

2 8

3 10

4 12

(5 and above Twice the number of

vacancies + 4)

(ii) The following principles and procedures shall be observed for making promotion by selection method namely:-

(a) No employee shall be promoted to a higher post unless his record shows that he possesses the necessary positive qualifications for the higher post such as personality, educational qualification, initiative, strength of character and readiness to assume individual responsibilities.

(b) While making assessment of the Confidential Reports, the Departmental Promotion Committee shall consider Confidential Reports for equal number of years in respect of the employees considered for promotion.

(c) The Departmental Promotion Committee shall assess the suitability of the employees for promotion on the basis of their service records and with particular reference to the Confidential Reports of five years. In cases where required qualifying service is more than five years, the Departmental Promotion Committee shall see the record with particular reference to the Confidential Reports for the years equal to the required qualifying service. (If more than one Confidential Report has been written for a particular year, all the Confidential Reports for the relevant year shall be considered together as Confidential Report for one year).

(d) Where one or more Confidential Reports have not been written for any reasons during the relevant period, the Departmental Promotion Committee shall consider the Confidential Reports of the years preceding the period in question and if in any case even these are not available, the Departmental Promotion Committee, shall take into account the Confidential Reports of the lower grade into account to complete the number of Confidential Reports required to be considered as per (b) above. If this is also not possible all the available Confidential Reports shall be taken into account.

(e) Where an employee is officiating in the next higher grade and has earned Confidential Report in that grade, his Confidential Reports in that grade may be considered by the Departmental Promotion Committee in order to assess his work, conduct and performance but no extra weightage may be given merely on the ground that he has been officiating in the higher grade.

(f) The Departmental Promotion Committee should not be guided merely by the overall grading, if any, that may be recorded in the Confidential Reports, but should make its own assessment on the basis of the entries in the Confidential Reports, because it has been noticed that sometimes the overall grading in a Confidential Report may be inconsistent with the grading under various parameters or attributes.

(g) If the Reviewing Authority or the Accepting Authority, as the case may be, has over-ruled the Reporting Officer or the Reviewing Authority, as the case may be, the remarks of the latter authority shall be taken as the final remarks for the purposes of assessment provided it is apparent from the relevant entries that the higher authority has come to a different assessment consciously after due application of mind. If the remarks of the Reporting Officer, Reviewing Authority/Accepting Authority are complementary to each other and one does not have the effect of over-ruling the other, then the remarks should be read together and the final assessment made by the Departmental Promotion Committee.

(h) After assessment of the merits of the candidate, and overall grading shall be given. The grading shall be one among (i) Outstanding, (ii) Very Good, (iii) Good, (iv) Average, (v) Unfit.

(i) Before making the overall grading after considering the Confidential Reports, for the relevant years, the Departmental Promotion Committee, shall take into account whether the Officer has been awarded any major or minor penalty or whether any displeasure of any superior officer or authority has been conveyed to him as reflected in the Annual Confidential Reports. The Departmental Promotion Committee shall also have regard to the remarks against the column on integrity.

(iii) (a) Taking into account the nature and importance of duties attached to the post, a 'bench-mark' grade shall be determined for each categories of posts for which promotions are to be made by selection method. For all Class III, Class II and Class I posts, equivalent to the level of Rs.3750-5920(Central Scale) excepting promotions for induction to Class I post or services from Class II or Class III posts, the 'bench-mark' shall be 'Good'. All employees whose overall grading is equal to or better than the 'bench-mark' shall be included in the panel for promotion to the extent of number of vacancies. They shall be arranged in the order of their inter-se seniority in the lower category without reference to overall grading obtained by each of them provided that each one of them has an overall grading equal to or better than the 'bench-mark' of 'Good'.

(b) Wherever promotions are made for induction to Class I posts or services from Class II or Class III posts, the 'bench-mark' shall be 'Good'. However, the employees graded as 'Outstanding' shall rank en-bloc senior to those who are graded as 'Very Good' and employees graded as 'Very Good' shall rank en-bloc senior to those who are graded as 'Good' and placed in a select panel accordingly upto the number of vacancies, employees with same grading maintaining their inter-se seniority in the feeder post.

(c) In respect of posts which are above the level of Central scale of Rs.3750-5920 the 'bench- mark' grade shall be 'Very Good'. However, employees who are graded as 'Outstanding' would rank en-bloc senior to those who are grades as 'Very Good' and placed in the 'Select List' accordingly upto the number of vacancies employees with the same grade maintaining their inter-se seniority in the feeder post.

(d) Promotions from the select list shall be made in the order of names appearing in the panel.

(e) If sufficient number of employees with the required 'Bench-mark' grade are not available within the zone of consideration, employees with the required 'bench-mark' shall be placed on the panel and for the unfilled vacancies, the appointing authority shall hold a fresh Departmental Promotion Committee by considering the required number of employees beyond the original zone of consideration.

(iv) (a) In Promotion by selection to posts/services within Class I, the Scheduled Caste/Scheduled Tribe Officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the 'Select List' has to be drawn up shall notwithstanding the prescription of 'bench-mark', be included in that 'Select List' provided they are not considered unfit for promotion.

(b) In promotion by selection from Class III post to Class II and from Class II to the lowest rung in Class I selection against vacancies reserved for Scheduled Castes/Scheduled Tribes shall be made only from those Scheduled Castes/Scheduled Tribes employees, who are within the normal zone of consideration. Where adequate number of Scheduled Castes and Scheduled Tribes are not available, within the normal field of selection, it may be extended to 5 times of the number of vacancies and the Scheduled Castes/Scheduled Tribes candidates (and not any others) coming within the extended field of selection, shall be considered against the vacancies reserved for them. Employees belonging to Scheduled Castes and Scheduled Tribe selected for promotion within the extended field of selection shall be placed en-bloc below other employees selected from normal field of selection. If candidates from Scheduled Castes and Scheduled Tribes with the required 'bench-mark' are not available to fill up vacancies reserved for such communities the required number of candidates from such community irrespective of the merit of the 'bench mark' but who are considered fit for promotion shall be selected.

(c) As regards promotions made by selection in Class III and Class IV posts/services, 'Select-List' of Scheduled Castes and Scheduled Tribes employees shall be drawn up separately in addition to the general 'Select List' to fill up the reserved vacancies. The Scheduled Caste/Scheduled Tribe employees who are within the normal zone of consideration should be considered for promotion alongwith and adjudged on the basis as others and those Scheduled Castes and Scheduled Tribes amongst them who are selected on that basis shall be included in the general 'Select List' in addition to their being considered for inclusion in the separate 'Select List' for Scheduled Castes and Scheduled Tribes respectively. In the separate 'Select List' drawn up respectively for Scheduled Castes and Scheduled Tribes employees belonging to Scheduled Castes and Scheduled Tribes will be adjudged separately amongst themselves and not alongwith other general candidates. They shall be included in the concerned separate 'Select List' irrespective of their merit as compared to other general candidates of the 'bench-mark'. If candidates from Scheduled Caste and Scheduled Tribe obtained on the basis of their position in the aforesaid general list are lesser in number than the vacancies which are reserved for them, the difference shall be made up by selected candidates of these communities in the separate `Select-List' for Scheduled Castes and Scheduled Tribes respectively.

(v) Where for reasons beyond control, the Departmental Promotion Committee could not be held in a year(s) even though the vacancies arose during that year (or years), the first Departmental Promotion Committee that meets thereafter shall follow the following procedure:-

(a) Determine the actual number of regular vacancies that arose in each of the previous year(s) immediately preceding and the actual number of regular vacancies proposed to be filled in the current year separately.

(b) Consider in respect of each of the years those officers only who would be within the field of choice with reference to the vacancies of each year starting with the earliest year onwards.

(vi) Where a Departmental Promotion Committee had already been held in a year, and further vacancies arise during the same year due to death, resignation, voluntary retirement etc., or because the vacancies were not intimated to the Departmental Promotion Committee due to error or omission the following procedure shall be followed:-

(a) Vacancies, due to death, voluntary retirement, new creations, etc., clearly belong to the category which could not be foreseen at the time of placing facts and material before the Departmental Promotion Committee. In such cases, another meeting of the Departmental Promotion Committee shall be held for drawing up a panel for these vacancies as these vacancies could not be anticipated at the time of holding the earlier Departmental Promotion Committee. If for any reason, the Departmental Promotion Committee cannot meet for the second time, the procedure of drawing up of year-wise panels may be followed when it meets next for preparing panels in respect of vacancies that arise in subsequent year(s).

(b) In the second type of cases of non-reporting of vacancies due to error or omission (i.e. though the vacancies were there at the time of holding of Departmental Promotion Committee meeting they were not reported to it), it results in injustice to the officers concerned by artificially restricting the zone of consideration. The wrong done cannot be rectified by holding second Departmental Promotion Committee or preparing an year-wise panel. In all such cases, a review Departmental Promotion Committee shall be held keeping in mind the total vacancies of the year.

(vii) Where promotions are made on non-selection basis, the Departmental Promotion Committee need not make a comparative assessment of the records of the officers and shall categorise the officers as 'Fit' or not 'Not yet fit' for promotion on the basis of the assessment of record of service. The Officers categorised as 'Fit' shall be placed in the panel in the order of their seniority in the grade from which promotions are to be made.

31. Relaxation of qualifications in certain cases of promotion:- When a post is filled by promotion the Departmental Promotion Committee may subject to the approval of the Chairman relax the academic qualifications, if the candidate to be promoted is otherwise suitable and qualified by reason of adequate experience.

32. Ad-hoc appointments: All appointments by promotion shall be made by the appointing authority in the order in which the employees are placed in the relative select list;

Provided that in case of immediate necessity and no suitable employee is available for promotion, the Chairman or the appointing authority with the Chairman's prior approval, may make a purely ad-hoc appointment for a period not exceeding six months, at a time and the total period of such ad-hoc appointment shall not exceed one year.

33. Departmental tests for confirmation, in certain cases:- The Chairman may specify, from time to time, the number of posts, confirmation in or promotion to which shall be subject to the passing of a qualifying departmental test. The Chairman may also specify, from to time, the details of qualifying departmental test such as the procedure for holding the test, the syllabus for the test, the intervals at which the test shall be held, the maximum period within which the test shall be passed by the candidates, etc.

34. Reversion due to failure in departmental tests:- An employee promoted to a post shall pass such qualifying, departmental test, as may be specified by the Chairman from time to time, within such period, as may be specified by him, failing which the employee shall be reverted. When the passing of a test is specified as a condition precedent to promotion on a higher post, no employee shall be considered for promotion to such post, until he passes the prescribed test;

Provided that the Chairman may relax the condition for the passing such test for special reasons to be recorded in writing in any individual case.

35. Deputation:- Any employee may be permitted to serve on deputation or on foreign service under the control of the Central or a State Government, a local authority, a statutory undertaking or a Government Company, as defined in the Companies Act, 1956 (1 of 1956), or an institution receiving grant from Government, on such terms as may be agreed upon by the Chairman from time to time

36. Interpretation:-When a doubt arises as to the interpretation of any of these regulations, the matter shall be referred to the Chairman who shall decide the same.

37. Repeal and Savings:- The following rules corresponding to these regulations which were in force immediately before the commencement of these regulations are hereby repealed:-

(1) Port of New Tuticorin (Medical Officer of Civil Surgeons Grade) Recruitment Rules, 1976.

(2) Port of New Tuticorin (Financial Adviser & Chief Accounts Officer, Accounts Officer and Subordinate Accounts Service Accountant) Recruitment Rules, 1976.

(3) Port of New Tuticorin (Superintending Engineer Civil) Recruitment Rules, 1976.

(4) Tuticorin Harbour Project (Class I and Class II Engineering Posts) Recruitment Rules, 1965.

(5) Mangalore and Tuticorin Harbour Project (Class I and Class II Posts) Recruitment (Amendment) Rules, 1974.

(6) Mangalore and Tuticorin Harbour Project (Class I and Class II Engineering Posts) Recruitment (Second Amendment) Rules, 1966.

(7) Port of New Tuticorin (Deputy Conservator, Harbour Master, Pilot and Traffic Manager) Recruitment (Amendment) Rules, 1977.

(8) Mangalore and Tuticorin Harbour Project (Class I and Class II) Recruitment (Amendment) Rules, 1966.

(9) Port of New Tuticorin (Fire-cum-Assistant Safety Officer) Recruitment Rules, 1975.

(10) Tuticorin Harbour Project (Class III and Class IV Posts) Recruitment Rules, 1968.

(11) Tuticorin Harbour Project (Class III and Class IV) Recruitment (Amendment) Rules, 1973.

(12) Port of New Tuticorin (Maternity Assistant and Helper (Unskilled)) Recruitment Rules, 1976.

(13) Port of New Tuticorin (Librarian) Recruitment Rules, 1976.

(14) Port of New Tuticorin (Care Taker-Cook-cum-Bearer) Recruitment Rules, 1977.

(15) Tuticorin Harbour Project (Class III and Class IV) Recruitment (Amendment) Rules, 1974.

(16) Port of New Tuticorin (Group C and Group D Posts - Transfer of Personnel from Work Charged Establishment) Recruitment Rules, 1977.

(17) Port of New Tuticorin (Junior Marine Surveyor) Recruitment Rules, 1976.

(18) Port of New Tuticorin (V.H.F.Operator) Recruitment Rules, 1977.

(19) Port of New Tuticorin (Leading Fireman, Fireman and Pump Operator-cum-Mechanic) Recruitment Rules, 1975.

(20) Port of New Tuticorin (Supervisor, Outdoor Clerk, Sweeper and Messenger) Recruitment Rules, 1977.

(21) Port of New Tuticorin (Pointsman) Recruitment Rules, 1978.

(22) Port of New Tuticorin (Driver Project Bus) Recruitment Rules, 1975.

(23) Port of New Tuticorin (Medical Officer of Civil Assistant Surgeons Grade) Recruitment (Amendment) Rules, 1976.

(24) Port of New Tuticorin (Medical Officer of Civil Assistant Surgeons Grade) Recruitment (Amendment) Rules, 1977.

(25) Tuticorin Harbour Project (Class I and Class II) Recruitment (Amendment) Rules, 1973.

(26) Tuticorin Harbour Project (Class I and Class II) Recruitment (Amendment) Rules, 1974.

(27) Tuticorin Harbour Project (Class I and Class II) Recruitment (Amendment) Rules, 1975.

(28) Tuticorin Harbour Project (Class III and Class IV) Recruitment (Amendment) Rules, 1971.

(29) Tuticorin Harbour Project (Class III and Class IV) Recruitment (Amendment) Rules, 1974.

(30) Tuticorin Harbour Project (Class III and Class IV) Recruitment (Amendment) Rules, 1974.

(31) Port of New Tuticorin (Cost Accounts Officer and Cost Accountant) Recruitment Rules, 1978.

Foot Note:- The Tuticorin Port Trust Employees (Recruitment, Seniority and Promotion) Regulations, 1979, were published in the Gazette of India, Extraordinary, vide GSR 234 (E), dated the 16th March, 1979 and subsequently amended vide:-

(01) GSR 549 (E), dated the 30th July, 1984.

(02) GSR 808 (E), dated the 21st September,1987.

(03) GSR 848 (E), dated the 20th September,1989.

(04) GSR 1062 (E), dated the 22nd December,1989.

(05) GSR 486 (E), dated the 11th May, 1992.

(06) GSR 648 (E), dated the 29th June, 1992.

(07) GSR 60 (E), dated the 10th February, 1993.

(08) GSR 346 (E), dated the 30th March, 1993.

(09) GSR 818 (E), dated the 17th November, 1994.

(10) GSR 834 (E), dated the 2nd December, 1994.

(11) GSR 422 (E), dated the 26th May, 1995.

(12) GSR 157 (E), dated the 19th March, 1997.

(13) GSR 163 (E), dated the 19th March, 1997.

(14) GSR 312 (E), dated the 5th June, 1997.

(15) GSR 372 (E), dated the 8th July, 1997.

(16) GSR 132 (E), dated the 10th March, 1998.

(17) GSR 589 (E), dated the 22nd, September, 1998

(18) GSR 276 (E), dated the 20th^, April, 1999.

(19) GSR 831 (E), dated the 29th December, 1999.

(20) GSR 241 (E), dated the 10th March, 2000.

(21) GSR 242 (E), dated the 10th March, 2000.

(22) GSR 326 (E), dated the 10th April, 2000

(23) GSR 509 (E), dated the 31st May, 2000.

(24) GSR 510 (E), dated the 31st May, 2000.

(25) GSR 739 (E), dated the 22nd September, 2000.

(26) GSR 740 E), dated the 22nd September, 2000.

(27) GSR 926 (E), dated the 22nd December, 2000.

(28) GSR 27 (E), dated the 19th January, 2001

(29) GSR 234 (E), dated the 30th March, 2001.

(30) GSR 264 (E), dated the 19th April, 2001

(31) GSR 543 (E), dated the 18th July, 2001.

(32) GSR 573 (E), dated the 2nd August, 2001.

NB:

The above Tuticorin Port Trust Employees (Recruitment Seniority and Promotion) Regulations 1979 is under the process of amendment consequent on implementation of cadre re-structuring of officers in the Major Port Trusts of India.

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