THE CLASS-I OFFICERS ON THE VISAKHAPATNAM PORT (ACCEPTANCE OF EMPLOYMENT AFTER RETIREMENT) REGULATIONS, 1970.

            In exercise of the powers conferred by Section-28 of the Major Ports Act, 1963 (38 of 1963) and in supersession of all existing rules, regulations and orders on the subject, the Board of Trustees of the Visakhapatnam Port, with the previous approval of the Central Government as required by sub-section (1) of Section 124 of the said Act, hereby makes the following regulations, the same having been previously published as required under sub-section (2) of the said section-124 namely:  

1.   Short title and commencement:    

(1)    These Regulations may be called the Class-I Officers of the Visakhapatnam Port (Acceptance of Employment after retirement) Regulations, 1970. 

(2)    They shall come into force on the date of their publication in the official gazette.

 

(3)    In these regulations unless the context otherwise requires –

 

(a)    “Board”, “Chairman”, shall have the same meaning assigned to them

                     in the Major Port Trusts Act, 1963.

 

             (b)“Class-I service” shall mean the service classified as such by the Board

                    from time to time under the Visakhapatnam Port Employees  

                    (Classification, Control and  Appeal) Regulations, 1968.     

 

2.              Permission for employment within India:                   

 

(1)   No person who has held a Class-I post under the Board immediately before retirement (whether governed by the Pension or Contributory Provident Fund Scheme or State Railway Provident Fund scheme) shall accepted any employment within  India including an employment as contractor for or in connection with the execution of public works or as an employee of such contractor, before the expiry of two years from the date of retirement, without obtaining; the previous permission of the Board.

 

 

(2)    No person who is covered by these Regulations and has not obtained the necessary permission shall be given by such contract and a condition shall be incorporated in the terms of the contract that it is liable to cancellation if either the contractor, himself or any of his employee is found to be a person to whom these orders apply and he had not obtained the necessary permission.

 

 

                                      

(3)    Officers whether governed by the pension or the Provident Fund Rules, shall be required to sign, at the time of sanctioning the retirement benefits, an undertaking that they shall not seek employment within two years of retirement without obtaining the previous permission of the Board, or the Chairman as the case may be.

 

NOTE:  The undertaking shall be given on a non-judicial stamp

                                       Paper, the cost of which shall be bound by the retiring

                                       Officer concerned.

 

                (4)   In default, an officer   -

 

                      (a)if governed by the pension scheme of the Trust, shall forfeit his pension for the period during which he is also employed for such longer period as the Board or the Chairman may direct and 

 

                    (b)if governed by the contributory provident Fund Schemes, shall be liable to compensate the Trust to the extent the Board or the Chairman may decide for not honouring the undertaking made easier to the contrary.

 

                Provided that an officer permitted by the competent authority to take up such an employment during his leave preparatory to retirement shall not be required to obtain fresh permission on retirement for the continuance therein.

 

             (5) The grant of permission under this Regulation shall be subject to the fulfilment of the following criteria namely -  

 

             (a)Has the officer while in service had any such dealing with the proposed employer as might revoke the suspension that he had shown favour to the later;  

 

             (b)  Will his duties such that his official knowledge and experience could be used to give the employer an unfair advantage;

 

              (c ) Will his duties such as might bring him into conflict with the Port Trust;        

 

              (d)   Is the proposed employment of a thoroughly reputable kind?

 

           NOTE:  1.  Employment involving contract or liaison work with the

                              Board shall not be considered as employment of a thoroughly

                              reputable kind.

 

2.      The reputation of the firm, which offers employment will also

be taken into account, while granting permission.  For instance,

the fact the firm is black listed by Government will be of the                  

factors, which will render the employment to be considered as

not being a reputable kind.

 

 -                                                       

                                                               - 94 -

 

          e)  are there any exceptional circumstances, which would make the refusal of consent a real hardship?

 

6)       In respect of officers of the Engineering Department, whether in the executive or administrative side, permission within two years of retirement for seeking employment as contractor for or in connection with the execution of works of  the Trust or as employees of such contractors who are executing such works may be given very rarely and only in special circumstances.

 

7)       The application for permission to take up an employment within two years of retirement shall be made in the form given in the Annexure to these Regulations.

 

3.        Permission for employment outside India:

 

           1)  No person (whether governed by the Pension or the contributory provident fund schemes of the Trust) who has held a Class-I post under the Board immediately before his retirement shall accept any employment under foreign government or employment outside India without obtaining the previous permission of the Board.

 

           2)   The person shall be required to sign and undertaking to this effect at the time of sanctioning retirement benefits.

 

           3)   In default, an officer:   

 

                 (a)   If governed by the pension scheme of the Trust, shall forfeit the 

                        pension for the period during which he is so employed or for such               

                        longer period as the Board or the Chairman may direct and

                    

                (b)   if governed by the Contributory Provident Fund Schemes of the

                        Trust, shall be liable to compensate the Trust to the extent the Board  

                        or  the Chairman may decide for not honouring the undertaking made 

                        earlier to the contrary.    

 

          Provided that an officer permitted by the competent authority to take up such an employment during his leave preparatory to retirement shall not be required to obtain fresh permission on retirement for the continuance therein;

 

          Provided further that the employment under foreign Government shall include employment under a local authority or corporate or any other institution or organization which functions under the control and/or supervision of a foreign Government.

 

 

 

 

 

 

 

 

                                                                  -95 –

4) Permission necessary in respect of temporary officers – Permission for acceptance of employment after retirement will be necessary even if the case of the Officer who immediately before retirement held a class-I post in an officiating or temporary capacity.                                                                                                        

                    

                     5) Reckoning of two years period – The period of two years for the     

                     purpose of those Regulations shall in the case of an Officer who is re-

                    employed after retirement without a break in the same or another Class-    

                    post be reckoned from the date from which he finally quits the Board’s

                    service.          

                                                       A N N E X U R E  

 

FORM OF APPLICATION FOR PERMISSION TO ACCEPT EMPLOYMENT WITHIN A PERIOD OF TWO YEARS AFTER RETIREMENT.

 

  1. Name of the Officer 

         (in block letters)

  1. Date of retirement:
  2. Particulars of the Department in which the Officer served during the last

Five years preceeding retirement (with duration).

 

=============================================================Name of the Department                  Post held                                    Duration

                                                             From                                          To

  1. Post held at the time of

Retirement and period for

Which held

  1. Pay scale of the post and

The pay drawn by the

Officer at the time of

Retirement.

  1. Retirement benefits:

(1)    If governed by the contributory

      Provident Fund schemes:

(2)     (a)  Amount of Special contribution.

(b)Amount of Trust’s contribution.

                         (c ) Amount of any other contribution.

 

(ii)                If Governed by the Pension Scheme:

(a)  Pension expected/sanctioned

                  (communication, if any should be

                  mentioned).

                        (b)Gratuity, if any

 

 

 

 

 

                                                           -96 -     

 

  1. Details regarding employment

Proposed to be taken up.

 

            a)    Name of the firm/Company/

                   Cooperative Society etc.

 

a)        Whether the official and

During his official career

Any dealing with the  firm/company etc.

 

b)        Duration or nature of the

Official dealing with firm/company etc.

 

c)        Name of job/post offered

 

d)        Whether post was advertised, if not

How was offer made

 

e)        Description of the duties  of the

Job/post.

 

f)          Does it involve liaison/contract

Work with VPT:

 

g)        Remuneration offered for

The post/job.

 

 

  1. Any information which is the

Applicant desires to furnish the

Support of his request.

 

 

 

 

Station:

Dt.

 

                                                                              SIGNATURE OF THE APPLICANT   

Home | About Us | Port Services | Shipping Directory | Ship Status | Future Developments

  Port Statistics | General Information | Newsletter | Port Pricing | Contact Us | Feedback | TradeNet

       Disclaimer           ©Copy Right 2003, Port of Visakhapatnam All Rights Reserved.