1. SHORT TITLE AND COMMENCEMENT:
    (1) These regulations shall be called the Mormugao Port Employees (Leave Travel Concession) Regulations, 1964.
    (2) They shall come into force on 1st July, 1964.
  2. DEFINITIONS:
    In these regulations, unless the context otherwise requires:

(a) “Accounts Officer” means the Financial Adviser and Chief Accounts Officer of the Board.

(b) “Board”, “Chairman”, “Deputy Chairman” and “Head of a Department”, shall have the meaning assigned to them in the Major Port Trust Act, 1963.

(c) “Concession” means the leave travel concession admissible under these Regulations.

(d) “Employee” means an employee of the Board.

(e) “First, Second, Third and Fourth Grade employee (means) “Class I, Class II, Class III and Class IV employees respectively  as classified under Mormugao Port Employees (Classification, Control & Appeal) Regulations, 1964.

 (f) ‘A place in India’ will cover any place within the territory of India, whether it is on the mainland India or overseas.

CLARIFICATION:

If there are any local restrictions on visits to places in border areas, it is the responsibility of the employee undertaking the visit to fulfill the conditions for visit to the places, which are subject to local restrictions.

(g) “Controlling Officer” means the Chairman and Deputy Chairman in case of Class I & Ii Officers and Heads of Departments in case of Class III & IV employees.

(h) ‘Disciplinary Authority’ shall have the same meaning as assigned in Regulation 2(d) of the Mormugao Port Employees’ (Classification, Control & Appeal) Regulations, 1964.

DEFINITION OF THE TERM ‘FAMILY’ ”.

(i) ‘Family’ means:

(i)  The employee’s wife or husband, as the case may be, and two surviving unmarried children or step-children wholly dependent on the employee, irrespective of whether they are residing with the employee or not.

(ii) Married daughters, who have been divorced, abandoned or separated from their husbands and are residing with the employee and are wholly dependent on the employee.

(iii) Parents and/or step-mother, wholly dependent on the employee; irrespective of whether they are residing with the employee or not.

(iv) Unmarried minor brothers as well as unmarried, divorced, abandoned, separated from their husbands or widowed sisters, wholly dependent on the employee, irrespective of whether they are residing with the employee or not; provided their parents are either not alive or are themselves wholly dependent on the employee.

EXPLANATIONS:

(1) The restriction of the concession to only two surviving children or step-children shall not be applicable in respect of:

(i) those employees, who already have more than two children prior to the coming into force of this restriction i.e. 20-10-1997;

(ii) children born within one year of the coming into force of this restriction;

(iii) where the number of children exceeds two as a result of second child birth resulting in multiple births;

(2) Not more than one wife is included in the term ‘Family’ for the purpose of these Regulations.

(3)Though it is not necessary for the spouse and children to reside with the employee so as to be eligible for the Leave Travel Concession,  the concession in their cases shall, however, be restricted to the actual distance travelled or the distance between the headquarters/ place of posting of the employee and the hometown/place of visit, whichever is less.

(4)Children of divorced, abandoned, separated from their husbands or widowed sisters are not included in the term “Family”.

(5)A member of the family, whose income from all sources, including pension, temporary increase in pension but excluding dearness relief on pension or stipend etc. does not exceed Rs.1,500/- p.m. is deemed to be wholly dependent on the employee”.

EXPLANATION

(6)Where both the husband and wife are employees, the concession shall be admissible to the family on the scales admissible to the husband or the wife and not both.”

NOTE:  The term ‘children’ includes children taken as wards by the employee under the Guardians and Wards Act, 1890, provided such a ward is treated as a member of the family and provided the employee, through a special will, has given such a ward the same status as that of a natural born child.”

(j) “Home Town” means the town, village or any other place declared as such by the employee and accepted by the Controlling Officer.

(k) “Shortest direct route” shall have the same meaning as given in Supplementary Rule 30 and orders issued thereunder from time to time i.e. as recognized for travel on duty.

3.  EXTENT OF APPLICATION :
(1)  Applicability:

Subject to the provisions of sub-regulation (2), these regulations shall apply to all persons-
(a) who are employees of the Board.
(b) industrial and work-charged staff, who are entitled to regular leave.

(c) who are appointed on contract basis.

(d) who are re-employed after their retirement.

(e) an escort, who accompanies a single handicapped employee, subject to the conditions prescribed in sub-regulation (4) of Regulation 4.

(2) Non -applicability:

These regulations shall not apply to:

(a)  employees not in whole-time employment of the Board.

(b)  Persons in casual and daily-rated employment.

(c)  Persons paid from contingencies.

(d)  Persons eligible to any other form of travel concession during leave or otherwise.

(e)  Spouses of employees, who are employed in Indian Railways and National Air-lines, who are entitled for “Free Pass” facility for travel any where in India.

(f)  An employee under suspension; however his family can avail the concession.

4. SPECIAL PROVISIONS REGARDING CERTAIN CATEGORIES OF EMPLOYEES:

(1) Eligibility:

In the case of persons belonging to categories mentioned in Clauses (b) and (c) of sub-regulation (1) of Regulation 3, the leave travel concession shall be admissible on completion of one year’s continuous service under the Board and provided that it is certified by the appropriate administrative authority that the employee concerned is likely to continue to serve under the Board for a period of at least two years in the case of Leave travel Concession to home town and at least four years in the case of leave concession to any place in India to be reckoned from the date of his joining the post under the Board.

(2) Contract employees:

In the case of employees appointed on contract basis, where the initial contract is for one year but is later extended, the total duration of the contract will be taken into account for the purpose of leave travel concession.”

(3) Retired employees re-employed:

In the case of persons re-employed, immediately after retirement without any break, the period of re-employed service will be treated as continuous with the previous service for the purpose of leave travel concession and the concession allowed for the re-employed period, provided that the leave travel concession would have been admissible to the re-employed employee, had he not retired but had continued as serving employee.

Illustration:  If an employee has availed of the concession to visit any place in India in respect of a block of four years before his retirement and he is re-employed without any break, he cannot avail this concession till the expiry of the particular block of four years.”

“(4) Escort for handicapped employee:

LTC facility could be allowed for an escort, who accompanies a handicapped employee on the journey, subject to the following conditions:

(a) Prior approval of the Head of the Department concerned is obtained on each occasion.

(b) The nature of physical disability of the employee is such as to necessitate an escort for the journey.  In case of doubts, the decision of the Head of the Department will be final.

(c) The physically handicapped employee does not have an adult member of the family.

(d) The employee and the escort avail of the concession if any, in the rail/bus fare as might be extended by Railway/State Roadways authorities in such cases.

(e) Any other person, who is entitled to LTC, does not accompany the handicapped employee on the journey.”

5.  “SCOPE:  The leave travel concession will cover the employee himself and his family.”

6DECLARATION OF HOME TOWN :

(1)Time Limit:
Every  employee  shall  make  a declaration of his ‘home  town’ within six months from  the  date of commencement of these regulations.  Every new entrant to the Board’s service shall make a declaration as to his home town before the expiry of six months from the date of his entry into the Boards service. Such declaration is to  be  made to the authority, who had been declared to be Controlling Officer in respect  of  employees  for T.A.  claims  before  the expiry of six months from the date  of  entry into service.  No particular form of declaration has been prescribed.  However,  an  Officer, who is his own Controlling Officer for purposes of travelling allowance,  should  make initial or any subsequent declaration of his hometown to his next superior administrative authority for acceptance.  The declaration shall be kept in the service book.”

“(2) Check of home town declaration:

It is not necessary to have an elaborate check on the declaration of home town  by an employee.   The declaration made by the employee initially may be accepted and a detailed check may be applied only when he seeks a change.”

(3) “Home town declaration after expiry of time limit.”

The declaration of home town made after the prescribed time limit may be accepted by the Chairman or Deputy Chairman against the one chance for changing the declaration of home town and this will be treated as a final declaration of home town as prescribed in Regulation 7 and no further change of home town will be allowed in such cases.

(4) Register of Home Towns”:

The Chairman or Deputy Chairman may, for his own convenience, maintain a register of home towns in respect of the employees of the Board.

7.    CHANGE OF HOME TOWN :

“The home town once declared and accepted by the Controlling Officer shall be treated as final. In exceptional circumstances the Chairman or Deputy Chairman may authorise a change in such declaration, provided that such a change shall not be made more than once during the service of an employee.  In the case of persons on deputation to the Board, such requests shall be effected only with the approval of the lending authority.”

 NOTE: The criteria mentioned below may be applied to determine whether the employees declaration of home town may be accepted:
(i) whether the place declared by the employee is the one which requires his physical presence at intervals for discharging various domestic and social obligations, and if so whether after his entry into service, the employee had been visiting that place frequently;

(ii) whether the employee owns residential property in that place or whether he is a member of a joint family having such property there;

 (iii) whether his near relatives are resident in that place.

 (iv) whether, prior to his entry into the Board’s service the employee has been living there for some years.

The criteria, one after the other, need be applied only in cases where the immediately preceeding criterion is not satisfied. Where the employee or the family of which he is a member owns residential or landed property in more than one place, it shall be left to the employee to make a choice of any such place as his home town giving reason for the same, provided that the decision of the Chairman or Deputy Chairman whether or not to accept such a place as the home town of the employee shall be final. Where the presence of near relations at a particular place is to be the determining criteria for the acceptance of declaration of home town the presence of near relations should be of more or less permanent nature.

8. DECLARATION OF PLACE OF VISIT UNDER LEAVE TRAVEL CONCESSION TO ANY PLACE IN INDIA:

(1)  Intended place of visit to be declared in advance:

When the concession to visit any place in India is proposed to be availed of by an employee or any member of the family of such an employee, the intended place of  visit shall be declared by the employee in advance to his Controlling Officer.  The declared place of visit may be changed before the commencement of the journey with the approval of his Controlling Officer but it may not be changed after the commencement of the journey, except in exceptional circumstances where it is established that the request for change could not be made before the commencement of the journey owing to circumstances beyond the control of the employee, provided it is further established that such intermediary station falls en route to the station declared in advance.  This relaxation may be made by Chairman or Dy. Chairman in the case of Class I & II Officers or the Head of Department in the case of Class III & IV employees.”

“(2)Place to be visited by employee and members of his family under travel concession to any place in India:

An employee and each member of his family may visit different places of their choice during a block of four years.  It shall not be necessary for members of family of an employee to visit the same place as that visited by the employee himself at any time during the same block”.

“9. ADMISSIBILITY OF LEAVE TRAVEL CONCESSION DURING LEAVE”:

(1) The leave travel concession shall be admissible to persons of the categories specified in clauses (a), (b) and (c) of Regulation 3 only if they have completed one year’s continuous service under the board on the date of journey performed by him or his family, as the case may be, to avail of the concession.

NOTE: A period of unauthorized absence due to participation in strike, etc. shall be deemed to cause break in service, unless condoned by the appointing authority, while calculating the minimum period of continuous service.”

(2) The leave travel concession shall be admissible during any period of leave, viz. Earned Leave, Half Pay Leave, Commuted Leave, Extraordinary Leave, Maternity Leave, StudyLeave including Casual Leave and Special Casual Leave, irrespective of their duration.

CLARIFICATION: When an employee undertakes a journey during the weekend holidays without any leave, he is not entitled to Leave Travel Concession.

“(3). It can also be availed during Leave Preparatory to retirement, provided the return journey is completed before the expiry of the leave.”

(4)The concession shall not be admissible to an employee who proceeds on regular leave and then resigns his post without returning to duty. The above mentioned condition shall not apply to journeys performed by the members of family of the employee.

(5)The concession shall be admissible to an employee and his family in respect of only the outward journey from headquarters to home-town during leave preparatory to retirement, refused leave or terminal leave, provided that the concession had not been availed of earlier during that particular block of calendar years.  In such cases, the journey by both the employee and his family members shall commence within the period of leave.

(6) An employee or his family members or both shall be entitled to the concession irrespective of the actual period of stay in his home-town.

10. TYPES AND  FREQUENCY OF LEAVE TRAVEL CONCESSION:

“(a) Frequency:

The leave travel concession to home-town shall be admissible, irrespective of the distance between the headquarters of the employee and his home town, once in a block of two calendar years, such as 1986-87, 1988-89 and so on;

(b) Exchange of LTC to home town with LTC to ‘any place’ in India:

The Leave Travel concession to any place in India shall be admissible, irrespective of the distance of the place of visit from the headquarters of the employee once in a block of four calendar years, such as 1986-89, 1990-93 and so on;

Provided that in the case of an employee to whom leave travel concession to home town is admissible, the leave travel concession to any place in India availed of by him shall be in lieu of, and adjusted against, the leave travel concession to home town available to him at the time of commencement of the journey.

(c) If family at home town:

An employee, whose family lives away from him at his home town may, in lieu of all concessions under this scheme, including the leave travel concession to visit any place in India once in a block of four years which would otherwise be admissible to him and members of his family, choose to avail of leave travel concession for self only to visit the home town every year.

(d) If employee unmarried:

Unmarried employees, who have left their wholly dependent parents, sisters and minor brothers at their home town, may also be given the benefit of LTC to visit their home town every year.  This concession will be in lieu of all other LTC facilities admissible to the employee himself  and his/her parents, sisters and minor brothers.”

11. CARRY OVER OF LEAVE TRAVEL CONCESSION:

(1) The employees and their families who are unable to avail themselves of the concession in a block of 2 years or 4 years as the case may be permitted to avail of the concession before the end of the first year of the next block.

“ILLUSTRATION 1 : In case where the employee and his family could not avail themselves of the concession in the 1964-65 block, they may avail of it in the year 1966. The concession due for 1964-65 block should, however be availed of by them before 31st December, 1966. In case they fail to avail themselves of the concession before that date, their title to the concession for that block shall be treated as having lapsed. The benefit of the concession shall be available to employees and their families separately. The usual prescribed blocks, namely 1964-65, 1966-67 etc. shall remain uncharged.

If an employee is entitled to leave travel concession to home town, he can carry forward the leave travel concession to any place in India for a block of four years only if he has carried forward the leave travel concession to home town in respect of the second block of two years within the block of four years.”

“ILLUSTRATION 2: During the block years 1998-2001, an employee can avail two concessions i.e. one for 1998-99 block and second for 2000-2001 block.

Of the above two concessions, he can avail-

(i) Both of them to home-town, or

(ii)First block to anywhere in India and the second block to home-town, or

(iii)First block to home town and second to anywhere in India.

The concession to travel to anywhere in India can be carried forward to 2002 in the employee’s case only—

(i)   If he has not availed it against the concession for the block year 1998-99, and

(ii)  If he has not availed the concession to home town for the block 2000-2001.

If the employee has failed to avail the concession due for the block 1998-99 (before the expiry of the grace period) he is losing that concession and cannot carry it forward to 2002”.

 12. FAMILY:

(1) Both husband and wife are employees of the Board:

Where husband and wife are the employees of the Board, they could, at their option, choose to declare separate home-town and both of them may claim the concession separately under  the normal provisions of  the M.P.E. (Leave Travel Concession) Regulations, 1964 in respect of the members of their respective families, subject to the condition that if husband or wife avails the facility as a member of the family of the other, he or she will not be entitled for claiming the concession for self independently.  Similarly, the children shall be eligible for the benefit in one particular block as members of the family of one of the parents only.

(2) EMPLOYEES AND FAMILY INDEPENDENT UNITS :

An employee and his family members may travel either independently or together as may be convenient to them and the claim for reimbursement in respect of the journey of the one need not depend on the journey performed by the other. The members of the family of an employee (other than those who actually accompany him) may either travel together or separately in different groups as may be convenient to them. Where they travel in different groups at different times, reimbursement of expenditure may be allowed in respect of each such group if the outward journey of the last of such groups commenced before the expiry of six months from the date of commencement of the outward journey by the first group and the return journey of each group shall be completed within six months from the date of commencement of the outward journey by that group.  This condition may be relaxed in special cases by the Chairman or Deputy Chairman.

(3)Counting of Leave Travel Concession against particular block:

An employee and members of his family availing of leave travel concession may travel in different groups at different times during a block of two or four years as the case may be. The concession so availed will be counted against the block of two years or four years, within which the outward journey commenced, even if the return journey was performed after the expiry of the block of two years or four years.  This will apply to availing of leave travel concession carried forward in terms of renumbered Regulation 11(1).

(4) Some members of family can avail concession to home town while some  others for visiting “anywhere in India” in the same two-year block:

Since the L.T.C. facility can be availed by the employee  and various members of his family in separate batches, there may not be any objection in allowing hometown LTC and the LTC to any place in India to different members of the family in respect of the same block of years, provided such concession is otherwise admissible.  Proper account, however, may be maintained in respect of each member so that there is no confusion about the admissibility of LTC for the subsequent blocks.

(5)Presentation of separate claims by employee and his family:

When an employee and his family perform journeys separately, there is no objection to his presenting separate claims.  In each case, however, the claim should be for both outward and inward journey.

13.  LIMIT OF BOARD’S ASSISTANCE:

(1) Journey need not commence from or end at headquarters:”

Every employee of the (I), (II), (III) and (IV) grades shall be entitled to the concession. In every case the journey should be to the “home town” and back and the claim should be for the both outward and return journeys. The journey need not necessarily commence from or end at the headquarters of an employee within his own case or in the case of his family. But the assistance admissible shall be the amount that would have been admissible, had the journey been performed between the headquarters and the home town of the employee.

(2) Travel in any class:

An employee may travel in any class, but the Board’s assistance shall be limited to the fares for accommodation by the entitled class or the lower class as the case may be, to the extend actually used.

(3)Journey from a station other than the duty station:

Where the employee and his family live away from the place of duty for any reason, Leave Travel Concession may be allowed from the place of residence to the place of visit/home town and back to the place of residence, subject to the condition that the claim is restricted to the rail fare by the shortest direct route between the duty station and the home town or declared place of visit, as the case may be.  In such cases, the employee should furnish reasons for residing at a place other than  the place of duty and the Controlling Officer should also satisfy himself regarding the genuineness of those reasons before admitting the claim with reference to the place of residence.

(4) When spouse and dependent children left at a place, other than headquarters.

Where the employee has left his/her spouse and the dependent children at a place, other than his headquarters, he/she may be allowed Leave Travel Concession in respect of them from the place of their residence to home town in a block of 2 years or any place in India in a block of 4 years, as the case may be, but the reimbursement should, in no case, exceed the actual distance travelled by the family or the distance between the headquarters / place of posting of the employee and the place visited/home town, whichever is less.  In the case of other members falling within the definition of ‘Family’, the existing conditions and restrictions will continue to be in force.

     14 JOURNEYS BETWEEN PLACES CONNECTED BY RAIL :

(1)Class of rail accommodation decided by status on date of journey and higher or lower class in same journey”.

The entitlement for Travel by rail during LTC will be as follows:

(a) Class III & IV employees:

                Travel by Normal trains:

               Pay Range                                                                                 Entitlement

Below Rs. 5000/-                                                                     Second Sleeper

Rs. 5000/- & above                                                                 1st Class/AC 3 tier Sleeper/

But below Rs. 9000/-                                                             AC Chair Car*

Rs. 9000/- & above                                                                 IInd AC 2 tier

But below Rs. 12000/-                                                          Sleeper/ 1st Class/AC 3 tier

 

(*) Where none of the classes of accommodation is provided in any train connecting concerned stations by the direct shortest route, t6he employees may travel by AC two tier.

 

Travel by Rajdhani Express  Trains:

               Pay Range                                                                                 Entitlement

Below Rs. 5000/-                                                                                –

Rs. 5000/- & above but below Rs. 9000/-                          AC Chair Car

Rs. 9000/- & above but below Rs. 12000/-                       IInd AC 2 tier  Sleeper

 

Travel by Shatabdi Express Trains:

               Pay Range                                                                                 Entitlement

Below Rs. 5000/-                                                                                  –

Rs. 5000/- & above but below Rs. 9000/-                          AC Chair Car

Rs. 9000/- & above but below Rs. 12000/-                       AC Chair Car

 

     NOTE:  Claim for travel by Rajdhani/Shatabdi trains will be allowed only where journey is actually undertaken by these trains.  Both ends of the journey should be directly connected by Rajdhani/Shatabdi trains.

 

(b)  Dy. Chairman and Class I & II Officers:

Basic Pay + Non Practising Allowance                          Normal Trains

 

Rs. 11000/- & above                                                             AC 1st Class

Rs. 8600 to Rs. 10,999/-                                                    2nd AC 2 Tier Sleeper/1st Class

 

Travel by Rajdhani Express  Trains:

Basic Pay + Non Practising Allowance                             Entitlement

Rs. 11000/- & above                                                             AC 1st Class

Rs. 8600 to Rs. 10,999/-                                                    2nd AC Sleeper

 

Travel by Shatabdi Express Trains:

               Basic Pay + Non Practising Allowance                               Entitlement

Rs. 11000/- & above                                                               AC Chair Car

Rs. 8600 to Rs. 10,999/-                                                         AC Chair Car

 

NOTE: Claim for travel by Rajdhani/Shatabdi trains will be allowed only where journey is actually undertaken by these trains.  Both ends of the journey should be directly connected by Rajdhani/Shatabdi trains.

When a journey is performed by a longer route by rail, partly by lower class and partly by the entitled class, the claim is to be regulated on proportionate basis by calculating mileage allowance for different modes/classes by the shortest route in the ratio of distance covered by such modes by longer routes actually used.

(2)The class of railway accommodation to which an employee and his family shall be entitled is the class to which he is entitled under the normal travelling allowance rules at the time the journeys are undertaken. It is permissible for an employee or his family, or both to travel in a class higher or lower than that to which he or his family is entitled; in the former case, the Board’s liability shall be restricted to the fare by the class to which the employee is entitled and in the latter case to the fare by the class in which the employee or his family had actually travelled.

In case there is no provision in a train for the accommodation of entitled class and an employee performs journey on LTC in a higher class his claims has to be restricted to the entitled class.

(3) Concessional return rail journey tickets:

An employee or his family members may avail themselves of any concessional return journey tickets offered by the railway authorities (e.g.) seasonal concession, students concession etc. in conjunction with the leave travel concession. It will be permissible while utilising such a concessional ticket to travel in any class, higher or lower, than the entitled class. In such case, the Board’s assistance shall be the fare for the entitled/lower class actually used, by the shortest route between the headquarters and the home town or the declared place of visit (in case of claim under the scheme to visit any place in India),  by the shortest direct route by the class of accommodation for which the circular tour ticket was actually purchased or by the entitled class which ever is less.

(4) Rail  travel by lower class:

An employee, who is normally entitled to travel by higher class may travel in lower class in the deluxe air-conditioned trains while availing himself of the concession. The cost on account of the surcharge over the lower class fare which is leved in such a case, shall also be reimbursed by the Board.
(5) Rail sleeper accommodation:

An employee (or his family members) normally entitled to travel by  higher class of railway accommodation may travel by lower class and avail of the ‘sleeper’ accommodation. In such cases, the extra cost incurred for sleeper accommodation shall be borne by the Board.
(6)Rail travel by mail/express trains:

Employees of the third and fourth grades may travel by mail or express trains when availing themselves of the concession, and may claim reimbursement accordingly. In such cases, a certificate to the effect that the journey was actually performed by a mail or express train should be recovered by the claimant on his Travelling Allowance bill.
(7) Rail Journey by longer route in two stages in two different classes:

When an employee or any member of his family performs the journey by a long route (which is not the cheapest) in two different classes of railway accommodation partly by II class to which he is entitled and partly by III class, the entitled class rate is admissible for the corresponding proportion of the shortest or the cheapest route and the lower class rate for the remaining mileage by such route.

Example: If the total distance travelled by the longer route is 1,100 Kms and that by the shortest route is 1000 Kms and if the employee concerned has travelled the initial 800Kms. by II Class and the remaining 300 Kms. by I Class, the Board’s share of reimbursement of the expenditure incurred in this case should be as follows:

(i)  Mileage for which II Class fare is admissible:

 

Distance actually travelled by II Class        X      Total distance by the

Total distance by the longer route                    Shortest route.

 

= 800 x 1000     =   727  Kms.

         1100               (rounded)

 

(ii) Mileage for which I Class fare will be  admissible:

Distance actually travelled by I Class        X      Total distance by the

Total distance by the longer route                    Shortest route.

 =  300 x 1000     =   273  Kms.”

1100           (rounded)

(8)When journey performed by a longer route in different modes of transport:

In cases where an employee performs a journey by a longer route in different modes of transport, the reimbursement may be made proportionately in respect of the journey performed by the railways and he may be allowed the reimbursement for the remaining shortest distance, as per his entitlement by the Railways OR the actual fare paid by the individual for the journeys by road, whichever is less.  While settling, the claim has to be worked out on proportional basis for each/actual mode of journey/distance covered with reference to distance by the shortest route.

(9)Journeys by other means between places connected by rail:

Where the journey is performed by an employee or his family or both by air or by road or by steamer, between two places connected by rail, the expenditure on Board’s assistance shall be limited to what would have been admissible had the employee or his family performed the journey by rail in the authorized class or the actual expenses, whichever is less. The reimbursement of the fare for journeys undertaken in a chartered bus, van or other vehicles shall not be admissible in so far such vehicles are owned by the private operators. There is, however no bar to travel by buses, vans or other vehicles, or charter where these vehicles are operated by Tourism Development Corporations in the Public Sector State Transport Corporations and Transport Services run by other Government or Local Bodies.
(10) Special Supplementary Charges for travel by superfast trains.

When an employee travels by Super Fast Express Trains, the specials Supplementary Charges levied by railways for travel by Super Fast Express Trains in reserved accommodation may be reimbursed to him in full without deduction of proportionate charges.

“The extra cost incurred for the Reservation charges is also reimbursable.  However, reimbursement of telegram charges paid to the Railway Authorities for reservation of berth on train is not reimbursable.

In cases where the journey for which Leave Travel Concession claim is preferred is performed otherwise than by rail between places connected by rail and the claim is restricted to the amount which would have been admissible had the journey been performed by rail, the amount to be reimbursed shall not include the Special Supplementary Charges.

(11) Journey by hired/chartered rail coach:  Journey by a chartered rail coach is not admissible unless the chartered tour is wholly operated and conducted by a Central or State Undertaking.

(12)  Travel by air:

Only the Chairman of the Port Trust shall be eligible to travel by air by National Carriers or AC 1st Class, at his option.  Journey by private airlines shall not be permitted.

15.  JOURNEYS BETWEEN PLACES NOT CONNECTED BY RAIL :
(1) Journey by road:

For journeys , between places  not connected by rail, the entitlement for travel by all categories of employees, including Class I & II Officers, will be as follows:

 

CATEGORIES                                                      ENTITLEMENT

Class I, II, III & IV Employees

(a)   Those who are entitled to travel

by 1st Class & above on rail.    ….         By any type of bus

(b)    Others                                  …..         By ordinary or Express bus.

NOTE: The privileges with regard to class of travel currently being enjoyed by any employee/officer before the implementation of the above amendments arising due to wage revision will not be affected as a result of these amendments.

(2)(a) By Air between places not connected by rail:

The employee may travel by air between places not commenced by rail, where an alternative means of travel is either not available or is  more expensive.

(b)By air between places connected by rail:

Where an employee performs journeys on LTC by air between places connected by rail, the reimbursement of fare may be restricted to the fare of the entitled class by rail other than RAJDHANI/SHATABDI EXPRESS.  These provisions are however, not applicable in respect of journeys undertaken by private airlines.

NOTE:  Temporary dislocation of surface transport system cannot be taken as ‘non availability’ of alternative means for the purpose of allowing air fare under this sub-regulation. The reimbursement in such cases will be restricted to the entitled class of road journey.

(3) In regard to places in territory of India connected by shipping services, the entitlement of an employee to travel by ship will be regulated as in the case of journeys by ship undertaken on transfer.”

(4)Travel between places not connected by any other means of transport:

For travel between places not connected by any other means of transport, an employee can avail of animal transport like pony, elephant, camel, etc.  In such cases, mileage allowance will be admissible at the same rate as for journeys on transfer.

16. NO INCIDENTALS ADMISSIBLE :

Reimbursement under the leave travel  concession scheme shall not cover incidental expenses and expenditure incurred on local journeys.  Reimbursement for expenses of journey shall be allowed on the basis of a point to point journey on a through ticket over the shortest route.

17. CONCESSION BASED ON SHORTEST ROUTE :

The Board’s liability for the cost of railway fare between the employee’s headquarters and his home town shall be limited to the share of the fare by the shortest route calculated on a “through” ticket basis. The employee or his family members may travel by any route or halt anywhere on the way to or from home town, but the Board’s assistance shall be limited to their share of the fare as above.

Where the shortest route by which the journey is required to be performed is disrupted due to accidents or other causes, the power to grant reimbursement by the actual route travelled may be exercised by the Controlling Officer in consultation with the Accounts Department.

18.CONCESSION FOR ONE WAY JOURNEY:

The concession shall be admissible to the members of employee’s family with reference to the facts existing at the time of the forward and return journeys independently.

The following type of cases are given by way of illustration.

ILLUSTRATION:

I:  Entitled to reimbursement in respect of the outward journey only:

(i)A dependent son or daughter getting employment or getting married after going to home-town or remaining there for prosecution of studies.

(ii)The family having performed the journey to home town have no intention of completing the return journey from home town, provided the employee forgoes in writing the concession in respect of the return journey if performed by the family members at a subsequent date.

II:  Entitled to reimbursement in respect of return journey only:

(i)  A newly married wife coming from home town to headquarters station or a wife, who has been living at home town and did not avail herself of the leave travel concession in respect of the outward journey.

When a female employee proceeds to home-town availing of the LTC and gets married in the home-town, LTC may be allowed also to the husband of the female employee for the journey performed by him from the home-town to the headquarters of the female employee.

(ii)A dependent son or daughter returning with parents or coming alone from home town where  he or she has been prosecuting studies or living with grand-parents etc.

(iii)A child who was previously below five/twelve years of age but has completed five/twelve years of age only at the time of the return journey.

(iv)A child legally adopted by an employee while staying in the home town.

19. LEAVE TRAVEL CONCESSION IN COMBINATION WITH TRANSFER OR TOUR:

(1) Leave Travel Concession in combination with transfer or journey:
Where an employee going to home town on regular leave proceeds therefrom on transfer to the new headquarters, he may be allowed as his minimum entitlement, transfer travelling allowance admissible under the regulations.

He may be allowed, in addition, leave travel concession under the regulations to the extent the distance from old headquarters to home town and from home town to the new headquarters exceeds the total distance for which transfer travelling allowance is admissible.

(2)In cases where the distance for which the concession admissible as above is negligible, it will be open to the employee not to avail of it at all, he being permitted to avail of it on some other occasion within the block period, subject to the  other and conditions being fulfilled.

The option has to be exercised in respect of self and members of the family at the time of preferring claim for Transfer Travelling Allowance.

When the concession is not availed of, the concession advance, if any, taken by the employee shall be adjusted against his transfer travelling allowance entitlement.

(3)(a) Leave Travel Concession in combination with tour journey:

When an employee proceeds with proper prior permission to home town on regular leave from a tour station and return to headquarters direct from home town, travelling allowance as on tour may be allowed to him for the journey from the headquarters to the tour station from which the employee proceeds to home town and the concession for the journey from tour station to home town and  back to headquarters, the tour station being deemed to be the starting point for the onward journey.
(3)(b) In case an employee proceeds to a tour station from home town with proper prior permission and returns to headquarters therefrom, he may be allowed the concession as admissible under the regulations from headquarters to home town and travelling allowance as tour for journey from home town to tour station and back to headquarters.

20. OFFICERS DEPUTED FOR TRAINING:

When an Officer is deputed for training in India or abroad, the concession will be admissible as follows:

(1)(a) Training in India

If the headquarters are changed during the period of training, LTC for the employee and his family will be between the station of training and the home-town.

(b)     If the headquarters are not changed during the period of training, LTC for the employee will be from the station of training to home-town and back either to the same station or to the headquarters for the journeys actually performed.  For the family, LTC will be between headquarters and home-town only.

(2) Training abroad

(a) For employee, the Board’s liability will be limited to what is admissible if he had undertaken the journeys from the headquarters (from which he proceeded for training abroad) or the headquarters declared under S.R. 59 to the home-town and back.

(b) For members of the family, the headquarters from which he proceeded on training will be treated as the starting point for the onward journey for the purpose of L.T.C.

21. LEAVE TRAVEL CONCESSION WHILE ON STUDY LEAVE:

Leave Travel concession is admissible to employees while on Study Leave.  In such cases, the claims are to be regulated as under:

(a) For Self :

Employee can avail Leave Travel Concession  from the place of Study Leave to any place in India/home-town, subject to the condition that the reimbursement  of fare should be restricted to the fare admissible for travel between his headquarters station to any place in India/home-town or actual expenditure, whichever is less.

(b) For the members of the family:

(i)When the members of the family are staying with the employee at the place of  Study Leave.

The reimbursement will be as indicated at (a) above.

(ii)When not staying at the place of Study Leave:

The reimbursement will be as under the normal terms and conditions of the Leave Travel concession Scheme.

22. CONCESSION RESTRICTED WITHIN INDIA:

(1) The concession shall be restricted to journeys within India and shall be admissible for journey between places connected by rail or partly connected by rail and partly connected by road or by steamer services and not connected by rail.

(2) An employee who declares, subject to the satisfaction of the Chairman or Deputy Chairman that his home town is outside India, shall be entitled to the concession for visiting his home town. The Board’s assistance in such a case shall be limited to the share of the fare for journeys (i) upto and from the railway station (by the shortest route) nearest to the home-town in India or (ii) the railway station for the nearest port of embarkation/disembarkation in India.
EXPLANATION: In this regulation ‘nearest Port’ means the port in India nearest to the home-town of the employee.

23. ENCASHMENT OF EL FOR AVAILING LTC.

An employee shall be entitled to encash 10 days EL at the time of availing Leave Travel Concession, subject to the conditions that:

(a)  the total leave so encashed during the entire career does no exceed 60 days in the aggregate;

(b) earned leave of at least an equivalent duration is also availed simultaneously by the employee;

(c) a balance of at least 30 days of earned leave is still available to the credit of the  employee  after  taking  into  account  the  period of encashment as well as leave; and
(d) the  period  of  leave encashed shall be deducted from the quantum of leave that can be normally encashed by him at the time of superannuation.

The total encashment of Earned Leave allowed to an employee along with LTC while in service should exceed the maximum limit/ceiling of 300 days or 150 days as the case may be.

24. MODE OF AND TIME LIMIT FOR  PREFERRING CLAIMS:

(i) If no advance drawn:

In case were no travel advance had been drawn, the period within which an employee should submit his claim on completion of the return journey should be 3 months. Accordingly, his right for reimbursement of his LTC claim, where no advance is drawn by him, shall stand forfeited or be deemed to have been relinquished if the claim is not preferred within 3 months of the date of completion of  return journey, and, in cases where advance has been drawn towards LTC, the final bill have to be preferred within 1 month of the completion of return journey. If that is not done, the authority which sanctioned the advance, should enforce lumpsum  recovery of the advance forthwith and once such recovery is made, it should be taken as if no advance had  been drawn and the claim allowed to be preferred within a period of 3 months from completion of return journey, failing which it shall stand forfeited.

However, Chairman may extend the prescribed time limit of 3 months in cases where non-submission of adjustment bill can be attributed to genuine difficulties.

(ii) If  advance not utilized fully but adjustment bill submitted in time:
In cases where advance is not utilized fully but the adjustment bill is submitted in time, interest may be charged at the rate prescribed for advanceS for purchase of conveyance (other than motor car) plus 2-1/2 per cent per annum on the unutilized portion of the advance from the date of drawal of advance to the date of refund of advance.

(iii) If adjustment bill not submitted in time:

In cases where adjustment bill is not submitted within the prescribed time, the entire amount of advance may be recovered in one lumpsum immediately on expiry of such time limit. In such cases, interest may be charged at the rate of interest prescribed at sub-Clause (ii) above on the entire amount of advance from the date of drawal to the date of recovery of amount.

Chairman may, however, waive charging of interest, in cases where non-submission of adjustment bill can be attributed to genuine difficulties. Such as change in program, proceeding on short leave, lack of hotel facility, non-availability of class of rail/hotel accommodation to which the employee is entitled and the excess drawal of advance was beyond the control of the employee.

25. PRESCRIBED CERTIFICATES:

Two certificates, one from the Controlling Officer and the other from the employee concerned as  at Appendices I and II shall be submitted to the Accounts Officer alongwithTravelling Allowance Bills for travel concession.

26.OBLIGATORY EVIDENCE :

(1)The employees shall inform the Chairman or Deputy Chairman before journey for which assistance under these regulations will be taken is undertaken. They should also provide evidence of his having actually performed the journey, for example, serial numbers of railways tickets, etc. Relaxation of minor nature, viz. in respect of production of serial numbers of railway tickets, prior intimation to the Chairman or Deputy Chairman before the journeys are undertaken by the employee or their families or both under these regulations may be made by the Chairman or Deputy Chairman, if he is otherwise satisfied in regard to the genuineness of the claim and the bonafides of the journey having been performed. There shall be objection to such relaxation being made by the Chairman himself purely on merits in really deserving cases and not as a general measure.

(2)Determination of genuineness of claim:

If the Controlling Officer has any reason to doubt the genuineness of the evidence produced by the employee in support of his claim, he can ask the employee to produce such other evidence as may be considered necessary to substantiate his claim.  If the Controlling Officer is still not satisfied about the genuineness of the claim, it is open to him to reject it.

(3) Certification by employee:

The employee has to certify about the journey having been performed by the class of accommodation/mode of conveyance for which the claim has been preferred.  If this certificate is found to be false in any particular case, the employee concerned can be proceeded against.”

27. RECORD OF ASSISTANCE :

A record of all assistance granted under these regulations shall be suitably maintained. In the cases of Class III and IV employees, the record should be in the form of entries in the Service Book or other appropriate records and should indicate the date or dates of the journey or journeys to the home-town commenced. The authority responsible for the maintenance of the service record shall ensure that on every occasion an employee proceeds on leave, the fact that he availed of leave concession is indicated in the record.

28.GRANT OF ADVANCE AND ADJUSTMENT THEREOF” :

(i) Advance may be granted to employees to enable them to avail themselves  of the concession . The amount of such advance in each case shall be limited to four-fifths of the estimated amount, which the Board would have to reimburse in respect of the cost of the journeys both ways.

(ii) If the family travels  separately from the employee, the advance may be drawn separately to the extent admissible.

(iii) the advance may be drawn for both the forward and return journeys at the time of commencement of the forward journey, provided that the period of leave taken by the employee or the period of anticipated absence of the members of the family does not exceed three months or 90 days. If this limit is exceeded, the advance may be drawn for the outward journey only.

(iv) If the limit of three months or ninety days is exceeded after the advance had already been drawn, one half of the advance should be refunded to the Board forth with.

(v) the advance should be refunded forthwith if the outward journey is not commenced within 30 days of the grant of the advance.

However, in cases where reservations can be made within thirty five days before the proposed date of the outward journey and advance is granted accordingly, the employee should produce the tickets within twenty days of the drawal of the advance, irrespective of the date of commencement of the journey.

(vi) Where an advance has been drawn by the employee, the claim for reimbursement of the expenditure incurred on the journey shall be submitted within one month of the completion of the return journey.  On an employee’s failure to do so, he shall be required to refund the entire amount of advance forthwith in one lumpsum.  No request for recovery of the advance in installments shall be entertained.

29.FRAUDULENT CLAIM OF LEAVE TRAVEL CONCESSION.

(1)  If disciplinary proceedings initiated:

If a decision is taken by the Disciplinary Authority to initiate disciplinary proceedings against an employee on the charge of preferring a fraudulent claim of leave travel concession, such employee shall not be allowed the leave travel concession till the finalization of such disciplinary proceedings.

(2)If penalty imposed:

If the disciplinary proceedings result in imposition of any of the penalties specified in Regulation 9 of the Mormugao Port Employees’ (Classification, Control and Appeal) Regulations, 1964, the employee shall not be allowed the next two sets of the leave travel concession in addition to the sets already withheld during the pendency of the disciplinary proceedings. For reasons to be recorded in writing, the Controlling Officer can also disallow more than two sets of leave travel concession.

(3)If fully exonerated :

If the employee is fully exonerated of the charge of fraudulent claim of leave travel concession, he shall be allowed to avail of the concession withheld earlier as additional set(s) in future block years but before the normal date of his superannuation.

EXPLANATION:  For the purpose of this Regulation, leave travel concession to home town and leave travel con cession to any place in India as specified in Clause (a) and (b) of regulation (10) shall constitute two sets of the leave travel concession.

30. HEAD OF ACCOUNT :
The expenditure on the concession or the advance granted in the connection shall be debited to a separate detailed head “Travel Concession” under the Sub-Head “Allowances;Honororia ,etc.” subordinate to the appropriate final head of the account to which the pay, etc. of the employee concerned is debited.

31. SAVING:

All the existing instructions, which are not contrary to any of the provisions of these Regulations and all instructions, which cover matters not specifically covered by these Regulations, shall continue to be in force until they are amended, modified or cancelled.

 32.RELAXATION OF THE PROVISIONS AND REGULATIONS IN INDIVIDUAL CASES:

When the Board is satisfied that the operation of any one of these Regulations causes or is likely to cause undue hardship in any particular case, it may by order, notwithstanding anything contained in these Regulations, for reasons to be recorded in writing dispense with or relax the requirements of that regulation to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner.

Provided that no such order shall be made except with the approval of the Central Government.

33.  INTERPRETATION :

In all cases of doubt regarding the applicability of these regulations to any employee or their interpretations, the same shall be referred to the Board for decision.

APPENDIX I

Certificate to be given by the Chairman/Deputy Chairman Certified:

(I) That Shri/Shrimati/Kumari (name of the employee)                                             _____ has    rendered continuous service for one year or more on the date of commencing the outward journey.

(II)  That necessary entries as required under Regulation 24 of these Regulations have been made in the Service Book of Shri/Shrimati/Kumari                                __________________

 

Signature of the Chairman/ Deputy Chairman.

                                                              APPENDIX II

Certificate to be given by an employee:

  1. I have not submitted any other claim so far for leave Travel Concession in respect of myself or my family members in respect of the block of two years 20       and  20       .
  2. I have already drawn T.A. for the leave Travel Concession in respect of a journey performed by me/my wife                 children                  children. This claim is in respect of journey performed by my wife/myself with children/                   none of whom travelled with the party on the earlier occasion.
  3. I have not already drawn T.A. for the Leave Travel Concession in respect of a journey performed by me/my wife with          children/              children in respect of the block of two years 20          and 20       .This claim is in respect of the journey performed by my wife/myself with            children/              children none of whom availed of the concession relating to that block.
  4. I have already drawn T.A. for leave travel concession in respect of a journey performed by me in the year       in respect of block of two years 20             and 20          . This claim is in respect of the journey performed by me in the years 20         . This is a against the concession admissible once every year in a prescribed block for visiting home-town as all the members of my family are living away from my place of work.
  5. The journey has been performed by me/my wife with                   children /               children to the declared home-town viz.                                                 .

6.That my husband/wife is not employed in Board’s service                                        .That my husband/wife is employed in Board’s service and the concession has not been availed of by him/her separately for himself/herself or for any of the family members for the concerned block of two years.

Signature of the employee.


FOOT NOTE:-
1. Principal Regulations—- GSR No.959 dated 22-6-1964 published in the Gazette of India, Extraordinary, Part II, Section III Sub-Section (i) dated 1-7-1964.SUBSEQUENT AMENDEMENTS:-(i)  Central Government’s sanction No. 7-PE (26) 73 dated 30-6-1973, published in the Official Gazette of Government of Goa, Daman and Diu Series III, No. 16 dated 19-7-1973.

(ii)  Central Government’s sanction No. PEG (9) 75 dated 2-4-1975, published in the Official Gazette of Government of Goa, Daman and Diu Series III, No. 4 dated 25-4-1975.

(iii) Central Government’s sanction No. PEG (26)/75 dated 18-8-1975, published in the Official Gazette  of Government of Goa, Daman and Diu Series III, No. 23 dated 14-6-1975.

(iv) Central Government’s sanction No. PEG (4)/79  dated 19-5-1979, published in the Official Gazette of Government of Goa, Daman and Diu Series III, No. 11 dated 14-6-1979.

(v)  Central Government’s sanction No. PR-12016/8/86-PE-I dated 27-2-1987, published in the Gazette of India dated 24-12-1986.

(vi) Central Government’s sanction No. PR-12016/15/91-PE-I dated 25-3-1991, published in the Gazette of India dated 25-3-1991 under GSR No. 180(E).

(vii) Central Government’s sanction No. PR-12016/9/98-PE-I dated 14-7-1998, published in the Gazette of India dated 14-7-1998 under GSR No. 387(E).

(viii) Central Government’s sanction No. PR-12016/3/2000-PE-I dated 17-12-2006, published in the Gazette of India dated 17-2-2006 under GSR No. 70(E).