VISAKHAPATNAM PORT TRUST EMPLOYEES’ (EDUCATIONAL ASSISTANCE) REGULATIONS, 1990.

In exercise of the powers conferred by Section 28 of the Major Port Trusts Act, 1963 (Act, 38 of 1963), the Board of Trustees of the Visakhapatnam Port Trust hereby makes the following Regulations:

1) Short title and commencement: These Regulations may be called the Visakhapatnam Port Trust Employees’ (Educational Assistance) Regulations, 1990.

They shall come into effect from the date on which the approval of the Central Government is published in the Central Government Gazette.

2) Application:

(i) These Regulations shall apply to the employees of the Board including

those on deputation to the Board but, shall not apply to:

(a) Persons in Casual or daily rates or adhoc or Part-time employment.

(b) Persons employed on contract except where the contract provided

Otherwise, and

(c ) Persons paid from contingencies.

(ii) These Regulations, shall also apply to the employees on deputation

to other organizations or foreign service provided necessary provision

in regard to the drawal of educational assistance under these Regulations

from such organizations or foreign employers is expressly made in the

terms of deputation or foreign service.

3) Definitions: In these Regulations, unless the context otherwise requires:

a) ‘Child’ means a child of an employee and includes a step-child and

adopted child, who is wholly dependent on the employee.

b) ‘Board’ ‘Chairman’ and ‘ Head of Department’ shall have the same

meanings as assigned tol them, respectively in the Major Port Trusts

Act, 1963.

c) ‘Employee’ means an employee of the Board.

d) ‘Higher secondary’ or ‘Senior secondary’ classes means XI and XII

including classes under 10+2+3 shows like S.S.C. (upto X), Intermediate, Pre-University, Polytechnic, (Diploma courses), Degree courses in science or non-science examinations conducted by Universities of Andhra Pradesh Govt. provided the child has passed the secondary or equivalent before joining such class.

e) ‘Primary Classes’ mean Classes 1 to V, but, does not include

kindergarden or Nursery Classes.

f) ‘Recognised School’ means Government School or any educational

institution whether in receipt of Government aid or not, recognised

by the Central or State Government or Union territory administration or by a University or a recognised Educational Authority having jurisdiction over the area where the Institution is situated. For the purpose of these Regulations, education upto the Senior level shall be treated as school education.

g) ‘Secondary Classes” means Classes VI to X.

h) ‘Tuition fee’ means tuition fee payable and actually paid and

includes:-

(i) Science Fee,

(ii) Laboratory fee, in case science fee is not separately

charges.

(iii) Special fee charged for Agriculture as an effective

Additional subject, and

(iv) any fee charged for subjects like music which are

taught as part of the regular school curriculum

programme of work experience.

provided that it tuition fee charged from a science student is higher than that charged from a non science student, science fee, though separately charged, shall not be included in tuition fee for purposes of these regulations.

Explanation: ‘Tuition fee’ does not, however, include—

i) domestic science fund charges.

ii) Library fee,

iii) Games fee

iv) Admission fee, and

v) Extra-Curricular activity fee.

General conditions:

4) Eligibility: Subject to the provisions of Regulations 11 to 24

All employees without any pay limit shall be eligible to

Draw children’s educational allowance, reimbursement

of tuition fee and Hostel subsidy.

5) 1) In case both wife and husband are employees and are governed by

the provisions of these Regulations, the Children’s educational

allowance, or reimbursement of tuition fee or hostel subsidy, as the

case may be shall be admissible to one of them only.

2) In case the wife or husband of an employee is employed outside the

Board, the employee shall be eligible to draw the allowance or reimbursement or subsidy under these Regulations, only if his/her spouse is not entitled to the benefit of any such allowances or reimbursement of subsidy from his/her employer and a declaration to that effect shall be obtained from the employee.

6) 1) The Children’s educational allowance or the reimbursement of

tuition fees or Hostel subsidy shall be admissible to an employee

while he/she is on duty or is under suspension or is on leave

(including extraordinary leave).

Provided that during any period which is treated as ‘dies non’ the employee shall not be eligible for the allowance/reimbursement/subsidy for the period.

2) If an employee dies or ceases to be in service by reason of retirement ,resignation, discharge, dismissal or removal from service in the course of an academic year, the allowance or reimbursement or hostel subsidy shall be admissible till the end of the academic year or upto the month in the case of discharge, dismissal or removal in which the event takes place.

7) Children’s educational allowance, reimbursement of tuition fees or hostel

subsidy shall be admissible only in respect of children between the age limits

of 5 and 20 years. An employee shall not be eligible to draw children’s

educational allowance, reimbursement of tuition fee or hostel subsidy for

child for more than two academic years in the same class.

8) Assistance under these Regulations shall be available upto 3 children born

upto 31.12.87 and shall be restricted to two children born thereafter.

Provided that where an employee claims children’s educational allowance in respect of some of his children and hostel subsidy in respect of other children, the total number of children in respect of whom the allowance or subsidy is drawn shall not exceed two.

9) The children’s educational allowance, reimbursement of tuition fee or hostel subsidy as the case may be, shall be admissible to an employee in respect of a child only if the child attends the school regularly.

Provided that no such allowance, reimbursement or subsidy shall be admissible in any case where the period of absence from the school without proper leave exceeds one month notwithstanding that the name of the child remains on the rolls of the school

9. The children’s educational allowance, reimbursement of tuition fee, or hostel subsidy, as the same may be shall be admissible to an employee in respect of his children regardless of the act that any scholarship is received provided that if free ship is awarded, reimbursement of tuition fee/hostel subsidy shall be admissible to the extent of fee actually paid.

Children’s Educational Allowance:

10. (1) An employee is eligible to draw children’s educational allowance when he is compelled to send his child to a school away from the station at which he is posted and/or residing owing to the absence of a school of the requisite standard at that station.

(2) For the purpose of this regulation, the following schools shall not be

deemed to be schools of the requisite standard.

(a) In so far as an Anglo Indian Child is concerned, a school not run by Anglo Indian community or a school not affiliated to the council for Indian School Certificate examination of the Indian council or Secondary Education.

(b) A school run by a body or certain religious persuasion which

The child is prevented by the tenants of his religious persuasion from attending due to religious instructions being compulsorily imparted in such a school, and

from the language of the child.

Explanation I: The admissibility of child will be the medium of instruction in

The school where the child was getting education earlier and in the case of a

child admitted in a school for the first time, the mother tongue of the child by

birth or by adoption.

Explanation-II: The admissibility of children’s educational allowance will

Have to be determined with reference o the standard of the school, viz. primary,

secondary or high Secondary or Senior Secondary and the medium of

instruction and the language of the child and not to be absence of any particular

subject in a particular institution.

12) The allowance shall be admissible to an employee at a station where there is no school of the requisite standard only if the nearest school of such standard is so situated that there is no convenient train or bus service to take the child from his residence near the time of the opening of the school and bring him back not too long after the school is closed for the day and the journey by such train/bus service take more than an hour.

13) If an employee is transferred from a station, where there is no school of the requisite standard to a station where there is such a school and if he was in receipt of the allowance at the former station in respect of any child, he shall remain eligible for such allowance until the close of the academic year of the school in which his child was studying at the time of his transfer provided the child continues to study for that period in that school.

14) If a child of an employee is denied admission to a school or the ‘requisite

standard at the station at which the employee is posted and/or residing

because of there being no vacancy, or for any other reasons, and the child is,

compelled to attend a school away from the employee’s place of posting

and or residence the employee shall be entitled to the allowance as if there

were no schools of the requisite standard at that station.

i) Explanation: The availability of vacancy in a school shall be determined

with reference to the position existing at the time of the admission of the

child in the school whether it be at the start or in the middle of the

session, in consultation with competent educational authorities of the area

and not on the basis of the certificate of the school authorities.

15) An employee in receipt of the allowance shall continue to be eligible to draw

such allowance during any period, not exceeding four months.

(i) When he may go and stay with the child in respect of whom the allowance

is drawn while leave or during the suspension or temporary transfer;

(ii) When the child may come to live with the employee provided it is certified

by a registered medical practitioner that the child is forced to remain away

from studies due to illness; and

(iii) When the child may come to live with the employee during vacation,

provided the child continuous to be on the rolls of the school.

16) The allowance shall be admissible to an employee at the following rates.

Primary, secondary and Higher secondary } Rs.100 per month per child.

Classes (I to XII). }

17) (1) The allowance shall be admissible to an employee through the year

notwithstanding that no tuition fee is paid during the vacation.

(2) In the case of a child who is successful at the final secondary/Higher

secondary examination Board of Intermediate, Pre-University

examination, the allowance shall be admissible to the employee upto

the end of the month in which the examination is completed or upto

the end of the month upto which the school fees are charged, whichever

is later.

(3) In the case of a child who fails in the final Secondary/higher secondary/

Senior secondary examination. Board of Intermediate Examination or

Pre-University Examination but resumes his studies, the allowance shall

be admissible to the employee for the period of vacation intervening

provided that fees are paid for the period of vacation.