Act Number: 38

Act Name: The Major Port Trusts Act, 1963

Year: 1963

Enactment Date: 1963-10-16

Long Title: An Act to make provision for the constitution of port authorities for certain major ports in India and to vest the administration, control and management of such ports in such authorities and for matters connected therewith.

Ministry: Ministry of Shipping

Department:

Section 25: Power to grant leave, etc., to employees of Board.
    (1) Subject to any regulations made under section 28, the power of 1*** granting extension of service to, granting leave to, suspending, reducing, 2[compulsorily retiring,] removing or dismissing or of disposing of any other question relating to the services of, the employees of a Board, including the power of dispensing with the services of any such employee otherwise than by reason of the misconduct of such employee, shall be exercised--
         3[(a) in the case of an employee holding a post referred to in clause (a) of sub-section (1) of section 24, by the Chairman;
         (b) in any other case, by the Chairman or by such authority as may be prescribed by regulations:]
     Provided that no such order, so far as the same involves extension of service, suspension, reduction in rank, 2[compulsory retirement,] removal or dismissal of 4[an employee referred to in clause (a),] shall have effect until it is approved by the Central Government.
     (2) Any employee of a Board 5*** aggrieved by an order involving his reduction in rank, 6[compulsory retirement,] removal or dismissal may, within such time and in such manner as may be provided for by regulations, prefer an appeal--
         7[(a) to the Central Government, where such order is passed by the Chairman;
         (b) to the Chairman, where such order is passed by any such authority as is prescribed by regulations under clause (b) of sub-section (1):]
     Provided that where the person who passed the order becomes, by virtue of his subsequent appointment as the Chairman, the appellate authority in respect of the appeal against the order, such person shall forward the appeal to 8[the Central Government] and 8[the Central Government] in relation to to that appeal shall be deemed to be the appellate authority of the purposes of this section.
Notes:
1. The word "promoting," omitted by Act 29 of 1974, s. 11 (w.e.f. 1-2-1975).
2. Ins. by Act 17 of 1982, s. 8 (w.e.f. 31-5-1982).
3. Subs.by Act 29 of 1974, s. 11, for clauses (a) and (b) (w.e.f. 1-2-1975).
4. Subs. by s. 11, ibid., for "a Head of a department" (w.e.f. 1-2-1975).
5. The brackets and words "(not being a Head of a department)" omitted by s. 11, ibid. (w.e.f. 1-2-1975).
6. Ins. by Act 17 of 1982, s. 8 (w.e.f. 31-5-1982).
7. Subs. by Act 29 of 1974, s. 11, for clauses (a), (b) and (c) (w.e.f. 1-2-1975).
8. Subs. by Act 29 of 1974, s. 11, for "the Board" (w.e.f. 1-2-1975).
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