Section 2 in The Maharashtra Housing and Area Development Authority Employees Gratuity Regulations, 1985
2. Definitions.
(1)In these regulations, unless the context otherwise requires,-(a)"Act" means the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977);(b)"Appellate Authority" means the Chief Executive Officer of the Authority;(c)"appointing authority" in relation to an employee means the Authority which is competent to appoint the employee under the Act;(d)"completed year of service" means continuous service for a year, and includes fraction of year if the period of such continuous service exceeds one hundred eighty days;(e)"continuous service" means -(i)in relation to an employee appointed in the Authority service on or after the 5th December, 1977, uninterrupted service in the Authority rendered by an employee, and(ii)in relation to an employee of an existing Board absorbed under section 22 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XVIII of 1977), as an employee of the Authority, the uninterrupted, service rendered by such an employee in the existing Board as well as in the Authority, on regular, temporary, work charged or daily rated establishment, and includes service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order imposing a punishment or penalty or treating the absence as break in service has been passed in accordance with the rules or regulations governing the employees of the Authority), lay off, strike, a lock out, or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of these Regulations.Explanation. - In the case of an employee who is not in uninterrupted service for one year, he shall be deemed to be in continuous service if he has been actually employed in the existing Board or in the Authority during the twelve months immediately preceding the year for not less than 240 days which included service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order imposing a punishment or penalty or treating the absence as break in service, has been passed in accordance with the Rules or Regulations governing the employees of the Authority) layoff strike, or a lock out or cessation of work not due to any fault to the employees whether such uninterrupted or interrupted service was rendered before or after the commencement of these regulations.(f)"Competent Authority" in relation to an employee falling within the categories specified in column 2 of the Schedule hereto means the Officers specified opposite to it in column 1 thereof who is competent to sanction gratuity;(g)"disablement" in relation to an employee means such total disablement due to any disease or accident whether of a temporary or permanent nature as in the opinion of the Medical Authority duly certified in that behalf incapacitates the employee for further work which he was capable of performing immediately before such disablement;Explanation. - For the purposes of this clause, the certificate of the Medical Authority shall specify the date of total disablement.(h)"employee" means an employee of the Authority within the meaning of sections 19 and 22 of the Act but does not include an employee who is employed on contract for a specified period on wages exceeding one thousand and six hundred rupees per mensem;(i)"family" in relation to an employee means his or her spouse, their children whether married or unmarried, the widow and children of their predeceased son, if any and their dependent parents, and includes a child duly adopted according to the personal law of the employee, but does not include,-(a)in the case of a male employee, the dependent parents of his spouse;(b)in the case of a female employee, her spouse if such female employee has expressed her desire by notice in writing to the Competent Authority to exclude her spouse for the purpose of these regulations and such notice has not been withdrawn by her, and his dependent parents, if any;(c)the child of the employee who has been duly adopted according to the personal law of the person adopting him and such adoption is in operation;(j)"Government" means the Government of Maharashtra;(k)"Medical Authority" means the medical practitioner who is authorised to practice any system of medicine under any law for the time being in force in the State and who has been duly approved by the Chief Executive Officer for the purposes of these regulations;(l)"retirement" in relation to an employee means termination of his service otherwise than on superannuation;(m)"superannuation" in relation to an employee means -(i)attainment by the employee of such age as is fixed in the contract or condition of service as the age on the attainment of which the employee shall cease to be an employee of the Authority;(ii)in any other case attainment by the employee of the age of fifty-eight years of such other age as may be prescribed by the Government as the age of superannuation for similar or equivalent class of service, cadre or post under the Government from time to time;(n)"wages" means all remuneration (whether by way of salary allowances or otherwise) expressed in terms of money which would if the terms of employment, expressed or implied were fulfilled be payable to the employee in respect of his employment and includes pay personal pay, dearness pay, dearness allowance, but does not include bonus, commission, house rent allowance, compensatory local allowance, or overtime allowance or such other allowances as the Authority may specify in this behalf;(2)The words and expressions used in these regulations but not defined shall have the meaning respectively assigned to them in the Act.
