GOA DAMAN AND DIU (ABSORBED EMPLOYEES) ACT 1965

THE GOA, DAMAN AND DIU (ABSORBEDEMPLOYEES) ACT, 1965

ACT No. 50 OF 1965

22ndDecember, 1965

An Act to provide for the regulation of the conditions of serviceof persons absorbed for service in connection with the administration of theUnion territory of Goa, Daman and Diuand for matters connected therewith

BE it enacted by Parliament inthe Sixteenth Year of the Republicof India as follows: –

1.Short title: This Act may be called the Goa,Daman and Diu (Absorbed Employees) Act, 1965.

2.Definitions: In this Act, unless the context otherwise requires,–

(a) "absorbedemployee" means a person who immediately before the 20th day of December,1961, was holding an absorbed post and who on and after that date either servedor has been serving in that or any other post in connection with theadministration of the Union territory of Goa, Daman and Diu or in any of theDepartments of the Central Government;

(b) "absorbedpost" means a civil service or post which existed under the formerPortuguese Administration in Goa, Daman and Diuimmediately before the 20th day of December, 1961.

3.Power to make rules regulatingrecruitment and conditions of service of absorbed employees and employees ofcertain corporations: (1) The Central Government may make rules–

(a) forthe regulation of recruitment to absorbed posts and the conditions of serviceof absorbed employees;

(b) for the regulation of theconditions of service of persons who were in the service of a Corporation(whether known as a junta or otherwise) immediately before the 20th day ofDecember, 1961, and who on or after that date either served or have beenserving in connection with the administration of the Union territory of Goa,Daman and Diu or in any of the Departments of the Central Government.

(2) Any such rule may be madeso as to be retrospective to any date not earlier than the 20th day ofDecember, 1961:

Provided that no person shall,by virtue of such retrospective effect, be liable to refund any amount paid tohim by way of salary or allowances or pension before the making of any suchrule.

(3) Every rule made under thissection shall be laid, as soon as may be after it is made, before each House ofParliament, while it is in session for a total period of thirty days which maybe comprised in one session or in two successive sessions and if, before theexpiry of the session in which it is so laid or the session immediatelyfollowing, both Houses agree in making any modification in the rule, or bothHouses agree that the rule should not be made, the rule shall, thereafter, haveeffect only in such modified form or be of no effect, as the case may be; sohowever that any such modification or annulment shall be without prejudice tothe validity of anything previously done under that rule.

4.Repeal: (1) On the making of any rule under section 3, thecorresponding law, if any, in respect of any matter for which provision is madein that rule, shall stand repealed with effect from the date of the coming intoforce of that rule.

(2) The provisions of sections6 and 24 of the General Clauses Act, 1897(10 of 1897), shall apply to suchrepeal as if the rule and the corresponding law referred to in sub–section(1) were Central Acts.

5.Power to remove difficulties: If any difficulty arises ingiving effect to the provisions of this Act or any rule made thereunder in relation to any absorbed employee or anyperson referred to in clause (b) of sub–section (1) of section 3, theCentral Government may, by order, make such provision as appears to it to be necessaryor expedient for removing the difficulty :

Provided that the power underthis section shall not be exercisable after the expiration of a period of twoyears from the commencement of this Act.