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Kolkata Port Trust Employees (Pension) Second
Amendment Regulations, 2009

MINISTRY OF SHIPPING, ROAD TRANSPORT AND

HIGHWAYS
(Department of Shipping)

(PORTS WING)
NOTIFICATION
New Delhi, the 25th March, 2009
G.S.R. l 98(E):- ln exercise of the powers conferred by sub-section (1) of Section 124 read
with sub-section (1) of Section 132 of the Major Port Trusts Act, 1963 (38 of 1963), the Central
Government hereby approves (he Kolkata Port Trust. Employees' (Pension) Second Amendment
Regulations, 2009 made by the Board of Trustees for the Port of Kolkata and sei out in the Schedule
annexed to this notification.
2. The said regulations shall come into force on the date of their publication in the Official
Gazette.
SCHEDULE
Kolkata Port Trust Employees'
(Pension) Second Amendment
Regulations, 2009
In exercise of the powers conferred by Section 28 of the Major Port Trusts Act, 1963 (38 of
1963) and with the sanction of the Central Government under Section 124 (1) of the said Act, the
Board of Trustees for the Port of Kolkata hereby makes the following Regulations to amend the
Kolkata Port Trust Employees' (Pension) Regulations, 1988.
1. Short title and commencement:
(I) These Regulations may be called the "Kolkata Port Trust Employees' (Pension)
Second Amendment Regulations, 2009".
(ii) These shall come into force with effect from the date on which the Central
Governments Notification is published in the Official Gazette.
2. After Regulation 37 (1) of Calcutta Port Trust Employees' (Pension) Regulations,
1988, the following Sub-Regulation shall be added-
Sub-Regulation 37(1A):
(a) When an employee disappears, leaving his family, the family can be paid in the first
instance the salary due, leave encashment due and the amount of GPF having regard to
the nomination made by the employee.
(b) After the lapse of the period of one year, other benefits like retirement or death
Gratuity/Family Pension may also he granted to the family subject to fulfilment of the
following conditions:-
(i) The family must lodge a report with the concerned police station and obtain a report
that the employee has not been traced after all efforts made by the police.
(Ii) An Indemnity Bond in the prescribed proforma (Annexures I & 11) should be taken
from the nominee/ dependents of the employee that all payments will be adjusted
against 1he payments due to the employee in case he appears on the scene and makes
any claim.
(c) All Port dues outstanding against the concerned employee will be assessed and recovery
effected in accordance with the Rules and other instructions in force for effecting recovery
of port dues.
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(d) The family shall apply to the concerned Head of the Department for grant of Family
Pension and Gratuity, after one year from the date of disappearance of the
employee, in accordance with the prescribed procedure for sanction of Family
Pension and death/retirement Gratuity. In case the disbursement of death/retirement
Gratuity is not effected within 3 months of the date of application, the interest shall
be paid at the rate applicable and responsibility fixed.
(e) The above provisions regulate genuine cases of disappearance under normal
circumstances and not cases in which employees disappear after committing
frauds, etc. In latter type of cases, the Family Pension needs to be sanctioned only
on the employee being acquitted by the Court of Law or after the conclusion of the
disciplinary proceedings, etc., as the case may be.
(f) Family Pension under the above provisions is admissible at ordinary rates only as
these provisions do not raise an express presumption of death of employee who is
treat9d as 'missing' only. If Family Pension on enhanced rates is sought to be
sanctioned by the nominee/dependent, he/she will have to raise express
presumption of death of the employee under Sections 107 and 108 of Indian
Evidence Act, 1872 and follow the prescribed procedure in this regard, action in
regard to which can be initiated only after a lapse of 7 years from the FIR's date.
(g) Family Pension shall be sanctioned and paid one year after date of lodging the FIR,
will accrue from the date of lodging the FIR or expiry of leave of the employee who
has disappeared, whichever is later.
(h) Pensionary benefit will be based on the emoluments drawn by the employee and
the rules/orders applicable to him as on the last date he was on duty including
authorized periods of leave.

(i) Amount of death Gratuity payable to the family of a missing employee shall not
exceed the amount which would have been payable as retirement Gratuity if the
person bad retired. The difference between retirement Gratuity and death Gratuity
shall be, subsequently, payable after the death is conclusively established or on
the expiry of seven years' period from the date of missing.
(j) The above provisions will also be applicable in the case of missing pensioner
mutatis mutandis.
(k) Family Pension in respect of a missing employee/pensioner will not.be accrued prior
to 29-08-1986, i.e. the date on which the orders on the subject were issued by
the Govt.
[F.No. PR-12016120/08-PE-l)
RAKESHSRIVASTAVA, Jt. Secy.

Note:- The principal Regulations were published in the Gazette of India, Part II, Section
Sub-section
(I) vide No. G.S.R. 712(E) dated 17-6-1988, subsequently amended vide.
(I) No. G.S.R. 472(E) dated 4-5-1992
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Annexure-1

(To be executed on Non-Judicial Stamp Paper of (Rs. 50/- only)

INDEMNTTY BOND
(In the case of missing employee]

Know AII Men by these presents that I/We (a)......................................................................

........................................ (b)............................................................, the wife/son/brother
/nominee, etc. of (c) ........................, who was holding the post of………………………………..
in Department of the Kolkata Port Trust is reported to 'have been missing since
.......................................(hereinafter referred to as 'missing employee')
resident of …………………..............................(hereinafter called "the Obligor ") and
(d)............................................................. son/wife/daughter of Sri .................................
................................resident of…………………………………… and ………………………
son/wife/daughter of .....................resident of ......................................, the sureties for and on
behalf of the Obligor (hereinafter called "the Sureties") are held firmly bound to Board of
Trustees for the Port of Kolkata (hereinafter called "the Trustees") it the sum of
Rs.....................................(in words) equivalent of the amount of account of payment of salary,
leave encashment, PF, Retirement/Death Gratuity and each and every sum being the monthly
family pension will and truly to be paid to the Trustees. on demand and without a demand
together with simple interest @ 6% p.a. from the date of payment thereof until repayment for
which payment we bind ourselves and our respective heirs, executors, administrators, legal
representatives, successors and assigns by these presents.

Signed this ................................... day of.........................................two thousand and....................

Whereas (c) .......................................................was at the time of his disappearance in the
employment of the Trustees receiving a pay at the rate of Rs ....................................... (in words)
only per month from the Trustees.
And whereas the said (c)....................... ......Disappeared on the day
of...............20.....................and there was due to him at the time of his disappearance the sum
equivalent of (I) salary due, (ii) leave encashment, (iii) PF and (iv) Retirement/Death Gratuity.
And whereas the Obligor is entitled to family pension at enhanced rate of Rs…………...
..................(Rupees only up to………….... and thereafter at normal rate of Rs. .....................plus
admissible dearness relief thereon.
And whereas the Obligor has represented that he/she is entitled to the
aforesaid sum and approached the Trustees for making payment thereof to avoid
undue delay and hardship.
And whereas the Trustees has agreed to make payment of the said sum of
Rs. .....................(in words) and monthly family pension at enhanced rate @ Rs.
.............................(in words) onl y up to……………….........and thereafter at normal
rate of Rs. ...................................and dearness relief thereon to the Obligor upon the
Obligor and the Sureties entering a Bond in the above-mentioned sum to
indemnity the Trustees against all claims to the amount so due to the aforesaid
missing employee. ·
And whereas the Obligor and at his/her request the Surety/Sureties have
agreed to execute the Bond in the terms and manner hereinafter contained.
Now the condition of this Bond is such that, if after payment has been made to
the Obligor, the Obligor and/or the Surety/Sureties shall in the event of a claim being
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made, by any other person or the missing employee on appearance, against the
Trustees with respect to the aforesaid sum of Rs.............................................(in words)
and the sums paid by the Trustees monthly pension and relief as aforesaid
then refund to the Trustees the said sum of Rs.....................................................
(in words) and each and every sum paid by the Trustees as monthly pension and
relief together with simple interest @............................................................%
per annum and shall, otherwise, indemnify and keep the Trustees harmless and
indemnified against and from all liabilities in respect of the aforesaid sums and all
costs incurred in consequence of the claim thereto, then the above-written Bond or
obligation shall be void and of no effect but otherwise it shall remain in full force, effect
and virtue.
And these presents also Witness that the liability of the Surety/Sureties
hereunder shall not be impaired or discharged by reason of time being granted by or
any forbearance, act or omission of the Trustees whether with or without the
knowledge or consent of the Surety/Sureties in respect of or in relation to the
obligations or conditions to be performed or discharged by the Obligor or by any other
method or thing whatsoever which under the law relating to sureties would but for this
provision shall have no effect of so releasing the Surety/Sureties from such liability nor
shall it be necessary for the Trustees to sue the Obligor before suing the
Surety/Sureties or either of them for the amount due hereunder.

In Witness whereof the Obligor and the Surety/Sureties hereto have set and subscribed
their respective hands hereunto on the day, month and year above-written.

(Signature of obligor)
Signed by the above named 'Obligor'
in the presence of:
Signed by the above
named Surety/Sureties in
presence of :
Signature of Witnesses:
Signature of Sureties:

1………….………………. 1………….………………...
Office: Department:
Designation : S/O Address :
 2………….………………. LatestLaws.com 2………….………………...

Office:
Department:
Designation: S/O Address:

Accepted for and on behalf of the Trustees for the Port of Kolkata by
Sri..............................FA& CAO I Sr. OSD(F) I Addl. CAO I Sr. Dy. CAO of Kolkata
Port Trust in presence of Sri ............................................ ...............

Signature of the

FA & CAO [Sr. OSD(F)/ Addl. CAO/ Sr. Dy. CAO

Kolkata Port Trust

Witness:
Note I- (1) Full name of the claimant referred to as the 'Obligor'.
(2) State relationship of the 'Obligor' to the 'missing employee'.
(3) Name of the 'missing employee'.
(4) Full name or names of the Sureties with name or names of the father(s)/husband(s)
and place of residence.

Note II: - The Obligor as well as the sureties should have attained majority so that the bond may
have legal effect or force.

Note III: - The rate of simple interest will be as prescribed by the Trustees from time to time.
(It is 6% p.a. on the date of issue of the OM.
 LatestLaws.com Annexure-II

(To be executed on Non-Judicial Stamp Paper of Rs. 50)

INDEMNITYBOND

[In the case of missing pensioner]

KNOW ALL MEN by these presents that I/We (a)...................................................................

(b) .............................the widow/son/brother /nominee, etc. of(c) .............................................................,
who had retired from the post of ....................................................................................... Department of
the Kolkata Port Trust vide Pension case No. ................and Roll No. .............. and who was in receipt
of pension from .................. Is reported
to have been missing since ................(hereinafter referred to as 'missing pensioner') resident of
.............................(hereinafter called "the Obligor'') and (d).............................................................
son/wife/daughter of Sri
...................................................................................................................................
resident of................................................. and .......................................son/wife/daughter of Sri
................................
resident of ................................................:........, the sureties for and on behalf of the Obligor (hereinafter
called "the Sureties") are held firmly bound to the Board of Trustees for the Port of Kolkata (hereinafter
called "the Trustees") in each and every sum being the arrears of pension and monthly family pension
and relief thereon well and truly to be paid to the Trustees, on demand and without a demur together
with simple interest at the rate of ......................% per annum from the date of payment until repayment
for which payment we bind ourselves and our respective heirs, executors, administrators, legal
representatives, successors and assigns by these presents.

Signed this .............................................. day of..............................two thousand and ..................................

WHEREAS (c) ...........................................................was at the time of his disappearance a
Trustees' pensioner receiving a pension at the rate of Rs................................................................ (in
words) only per month and dearness relief thereon from the Trustees.
AND WHEREAS the said (c)............................................................................................
disappeared on the...................day of..........................20……….................. and there was due to
him at the time of his disappearance the sum equivalent of arrears of pension due.
AND WHEREAS the Obligor is entitled to family pension at enhanced rate …………………
.................(Rupees.....................................only) up to .................. and thereafter normal rate
of Rs. ........................... (Rupees……………only) plus admissible dearness relief thereon. ·
AND WHEREAS the Obligor has represented that he/she is entitled to the
aforesaid sum and approached the Trustees for making payment thereof to avoid undue
delay and hardship.
AND WHEREAS the Trustees has agreed to make payment of the said sum of Rs...................
(in words) and monthly family pension at enhanced rate @ Rs .....................(in words) only up to .... and
thereafter at normal rate of Rs. ..........................plus dearness relief thereon to the Obligor upon the
Obligor and the Sureties entering into a bond in the above-mentioned sum to indemnify the Trustees
against all claims to the amount so due to the aforesaid missing pensioner.
AND WHEREAS the Obligor and at bis/her request the Surety/Sureties have
agreed to execute the Bond in the terms and manner hereinafter contained." ·
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NOW THE CONDITION OF THIS BOND is such that, if after payment has been
made to the Obligor, the Obligor and/or the Surety/Sureties shall in the event of a claim
being made, by any other person or the missing pensioner on appearance, against
the Trustees with respect to the aforesaid sum of Rs........................................... (in
words) and the sums paid by the Trustees as monthly family pension and relief as
aforesaid then refund to the Trustees the said sum of Rs. .........................(in words) and
each and every sum paid by the Trustees as monthly family pension and relief together
with simple interest @........................% per annum and shall, otherwise, indemnify and
keep the Trustees harmless and indemnified against and from all liabilities in respect of
the aforesaid sums and all costs incurred in consequence of1he claim thereto THEN. the
above-written Bond or obligation shall be void and of no effect but otherwise it shall remain
in full force, effect and virtue.

AND THESE PRESENTS ALSO WITNESS that the liability of the Surety/Sureties
hereunder shall not be impaired or discharged by 'reason or time being granted by or any
forbearance act or omission of the Trustees whether with or without the knowledge or
consent of the Surety/Sureties in respect of or in relation to the obligations or conditions
to be performed or discharged by the Obligor or by any other method or thing whatsoever
which under the law relating to sureties would but for this provision shall have no effect
of so releasing the Surety/Sureties from such liability nor shall it be necessary for the
Trustees to sue the Obligor before suing the Surety/Sureties or either of them for the
amount due hereunder.

IN WITNESS WHEREOF the Obligor and the. Surety/Sureties hereto have set and
subscribed their respective hands hereunto on the day, month and year above-written.

(Signature of obligor)
Signed by the above named 'Obligor'
in the presence of:
Signed by the above
named Surety/Sureties in
presence of:

Signature of Witnesses:
Signature of Sureties:

1………….………………. 1………….………………...
Office:
Department:
Designation: S/O Address:
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2…………………… 2………………………...
Office:
Department:
Designation: S/O Address:

Accepted for and on behalf of the Trustees for the Port of Kolkata by
Sri ............................................. FA & CA9/ Sr. OSD(F)/Addl. CAO I Sr. Dy. CAO of Kolkata
Port Trust in presence of Sri ........................................................... .......

Signature of the
FA & CAO / Sr. OSD(f) / Addl. CAO / Sr. Dy. CAO
Kolkata Port Trust
Witness:
Note I- (a) Full name of the claimant referred to as the 'Obligor'.
(b) State relations hip of the ‘Obligor' to the 'missing pensioner'.
(c) Name of the 'missing pensioner'.
(d) Full name or names of the Sureties with name or names of the
father(s)/husband (s) and place of residence.

Note II: - The Obligor as well as the Sureties should have attained majority sothat the bond may
have legal effect or force.

Note II: -The rate of simple interest will be as prescribed by the Trustees from time to time. It is
6% p.a. on the date of issue of the OM. s