23. Schedule of Board’s staff.—A Board shall, from time to time, prepare and sanction a Schedule
of the employees of the Board whom it deems necessary and proper to maintain for the purposes of this
Act and such Schedule shall indicate therein the designations and grades of employees and the salaries,
fees and allowances which are proposed to be paid to them:
3
[Provided that the previous sanction of the Central Government shall be obtained for the inclusion in
the said Schedule of those designations and grades of employees and the salaries, fees and allowances
payable to them which the Central Government may, by order, specify, and where no such order is made,
of such posts (including the salaries and allowances attached thereto) which are required to be created by
the Central Government, or for the creation of which the previous sanction of the Central Government is
required, under this Act.]
1. Ins. by Act 29 of 1974, s. 8 (w.e.f. 1-2-1975).
2. Subs. by s. 8, ibid., for “the Indian Trade Unions Act, 1926 (16 of 1926)” (w.e.f. 1-2-1975).
3. The proviso added by s. 9, ibid. (w.e.f. 1-2-1975).
14
24. Power to make appointments.—(1) Subject to the provisions of the Schedule for the time being
in force sanctioned by a Board under section 23, the power of appointing any person to any post, whether
temporary or permanent, shall—
1
[(a) in the case of a post—
(i) the incumbent of which is to be regarded as the Head of a department; or
(ii) to which such incumbent is to be appointed; or
2
[(iii) the maximum of the pay scale of which (exclusive of allowances) exceeds such amount
as the Central Government may, by notification in the Official Gazette, fix;]
be exercisable by the Central Government after consultation with the Chairman;]
3
[(b) in the case of any other post, be exercisable by the Chairman or by such authority as may be
prescribed by regulations:]
Provided that no person shall be appointed as a pilot at any port, who is not for the time being
authorised by the Central Government under the provisions of the Indian Ports Act to pilot vessels 4
[at
that or any other port].
(2) The Central Government may, by order, specify any post the incumbent of which shall, for the
purposes of this Act, be regarded as the Head of a department.
25. Power to grant leave, etc., to employees of Board.—(1) Subject to any regulations made under
section 28, the power of 5
*** granting extension of service to, granting leave to, suspending, reducing,
6
[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—
7
[(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, 6
[compulsory retirement,] removal or dismissal of 8
[an employee referred to in clause (a),] shall
have effect until it is approved by the Central Government.
(2) Any employee of a Board 9
*** aggrieved by an order involving his reduction in rank,
10[compulsory retirement,] removal or dismissal may, within such time and in such manner as may be
provided for by regulations, prefer an appeal—
11[(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
1. Subs. by Act 29 of 1974, s. 10, for clause (a) (w.e.f. 1-2-1975).
2. Subs. by Act 17 of 1982, s. 7, for sub-clause (iii) (w.e.f. 31-5-1982).
3. Subs. by Act 29 of 1974, s. 10, for clauses (b) and (c) (w.e.f. 1-2-1975).
4. Subs. by Act 17 of 1982, s. 7, for “at that port” (w.e.f. 31-5-1982).
5. The word “promoting,” omitted by Act 29 of 1974, s. 11 (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) and (b) (w.e.f. 1-2-1975).
8. Subs. by s. 11, ibid., for “a Head of a department” (w.e.f. 1-2-1975).
9. The brackets and words “(not being a Head of a department)” omitted by s. 11, ibid. (w.e.f. 1-2-1975).
10. Ins. by Act 17 of 1982, s. 8 (w.e.f. 31-5-1982).
11. Subs. by Act 29 of 1974, s. 11, for clauses (a), (b) and (c) (w.e.f. 1-2-1975).
15
person shall forward the appeal to 1
[the Central Government] and 1
[the Central Government] in relation to
to that appeal shall be deemed to be the appellate authority of the purposes of this section.
26. Consulting Engineer to Board.—A Board may appoint any person as Consulting Engineer to the
Board otherwise than on the basis of payment of a monthly salary, but every such appointment shall be
subject to the sanction of the Central Government.
2
[27. Power to create posts.—Notwithstanding anything contained in section 23, the power to create
any post, whether temporary or permanent, shall,—
(a) in the case of a post the holder of which is to be regarded as the Head of a department or in
the case of a post the maximum of the pay-scale of which (exclusive of allowances) 3
[exceeds such
amount as the Central Government may, by notification in the Official Gazette, fix, be exercisable by
that Government;]
(b) in the case of a post [other than a post referred to in clause (a)], the maximum of the pay-scale
of which exceeds such amount as the Central Government may, from time to time, by order fix in this
behalf, or where no such amount has been fixed, is not less than one thousand rupees, be exercisable
by the Board with the previous sanction of the Central Government;
(c) in the case of any other post, be exercisable by the Chairman.]
28. Power to make regulations.—A Board may make regulations, not inconsistent with this Act, to
provide for any one or more of the following matters, namely:—
(a) the appointment, promotion, suspension, 4
[reduction in rank, compulsory retirement,] removal
removal and dismissal of its employees;
(b) their leave, leave allowances, pensions, gratuities, compassionate allowances and travelling
allowances and the establishment and maintenance of a Provident Fund or any other fund for their
welfare;
(c) the terms and conditions of service of persons who become employees of the Board under
clause (f) of sub-section (1) of section 29;
(d) the time and manner in which appeals may be preferred under sub-section (2) of section 25
and the procedure for deciding such appeals;
(e) any other matter which is incidental to, or necessary for, the purpose of regulating the
appointment and conditions of service of its employees.