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State of Maharashtra - Section

Section 2 in Maharashtra Housing and Area Development Authority (Absorption, Seniority Pay and Allowances) Rules, 1980

2. Definitions.

- (I) In these rules, unless the context requires otherwise,-
(1)"Absorbed employee" means a person who was a whole-time employee of any existing Board immediately before the appointed day, but does not include a person on deputation to any existing Board, and who holds a lien on any post in the Government or in any local authority or corporation constituted under any law for the time being in force;
(2)"Act" means the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977);
(3)"Appointing Authority" means the Authority competent to appoint an absorbed employee;
(4)"Basic Pay" means the amount drawn monthly by an absorbed employee as pay as defined in rule 9(39)(a)(i) of the Bombay Civil Services Rules, 1959 this is to say, pay exclusive of special pay, pay granted in lieu of the personal qualifications, technical pay, personal pay or other emoluments specially classed as pay;
(5)"Equivalent post" means -
(i)a post sanctioned by Government with effect from the appointed day in the organisational set-ups of the Authority and the Boards on the establishment of the Maharashtra Housing and Area Development Authority on the prescribed pay-scale, as further revised by Government Resolution, Public Works and Housing Department, No. ARD. 1078/(87)/DSK-35, dated the 24th January, 1980;
(ii)any other post which may be declared by the Authority as equivalent to a post, whether permanent or temporary, sanctioned by Government or the existing Board in the former Maharashtra Housing Board constituted under the Bombay Housing Board Act, 1948 (Bombay LXIX of 1948), the Vidarbha Housing Board constituted under the Madhya Pradesh Housing Board Act, 1950 (M. P. Act XLIII of 1950), the Bombay Building Repairs and Reconstruction Board constituted under the Bombay Building Repairs and Reconstruction Board Act, 1969 (Maharashtra XLVII of 1969) and the Maharashtra Slum Improvement Board constituted under the Maharashtra Slum Improvement Board Act, 1973 (Maharashtra XXIII of 1973) and held by absorbed employee immediately before the appointed day in a permanent or temporary capacity and hereinafter referred to as "the corresponding post" in the existing Board;
(6)"Government" means the Government of Maharashtra;
(7)"Officiating" or "Officiated" refers to periods of service during which an absorbed employee had actually officiated as also periods during which he would have officiated but for the following reasons, namely
(i)Leave during which but for the absorbed employee proceeding on such leave, he would have continued to officiate in the same post or post on the same pay-scale;
(ii)Appointment to a higher post during which but for such an appointment the absorbed employee have continued to hold such post;
(iii)Appointment on another post during which the condition necessary for eligibility for the benefit of the next below rule would operate;
(iv)Foreign service during which but for such service the absorbed employee would have continued to officiate in such post;
(v)Suspension followed by reinstatement in the same post where period of suspension is treated as duty or leave;
(vi)Deputation on training during which period the absorbed employee was considered as on duty and would have officiated in the post but for such training;
(vii)Such joining time during which the absorbed employee would have continued to hold the same post;
(8)"Post of absorption" means the cadre of the post in the authority in which an absorbed employee is absorbed or is deemed to have been absorbed, irrespective of whether the post is permanent or temporary;
(II)Words and expressions used in these rules, but not defined herein, shall have the meanings, respectively assigned to them in the Act.