Power to remove difficulties

Power to remove difficulties.— If any difficulty arises in giving effect to the provisions of this Act or any rule made thereunder in relation to any absorbed employee or any person referred to in clause

1. (b) of sub-section

1. (1) of section 3, the Central Government may, by order, make such provision as appears to it to be necessary or expedient for removing the difficulty: Provided that the power under this section shall not be exercisable after the expiration of a period of two years from the commencement of this Act. 1. Short title and commencement Short title.— This Act may be called the Goa, Daman and Diu (Absorbed Employees) Act, 1965. 2. Definitions Definitions.— In this Act, unless the context otherwise requires,—
   • (a) “absorbed employee” 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 served or has been serving in that or any other post in connection with the administration of the Union territory of Goa, Daman and Diu or in any of the Departments of the Central Government;
   • (b) “absorbed post” means a civil service or post which existed under the former Portuguese Administration in Goa, Daman and Diu immediately before the 20th day of December, 1961. 1[(c) “Government” means the Government of Goa]. 3. Revision of rates of pay of absorbed posts Revision of rates of pay of absorbed posts.— As from the appointed day, every absorbed post shall be brought on such revised scale of pay as the Central Government, or the Administrator with the prior approval of the Central Government, may by order determine. 4. Fixation of pay in the revised scale Fixation of pay in the revised scale.—
2. (1) The initial pay of an absorbed employee holding an absorbed post on the appointed day shall, as from that day, be fixed in the revised scale of pay of that post at a stage next higher to his existing pay: Provided that if the existing pay of an absorbed employees exceeds the maximum of the revised scale of pay, the initial pay of such employee shall be fixed at such maximum and the difference between the two shall be granted to him as personal pay. Explanation:— For the purposes of this sub-rule, a person who would have held an absorbed post on the appointed day—
   • (a) but for his appointment to a post created on or after the 20th December, 1961, or
   • (b) but for his being—
     • (i) on deputation to a non-government post,
     • (ii) in transit,
     • (iii) on leave, or
     • (iv) under suspension, shall be deemed to be holding that absorbed post.
3. (2) If on the appointed day, an absorbed employee is permanent in an absorbed post (hereinafter referred to as permanent post) and is holding another absorbed post on a temporary basis (hereinafter referred to as temporary post), his initial pay shall also be fixed in the permanent post in accordance with sub-rule
4. (1) with reference to the pay he would have drawn in the permanent post immediately before the appointed day but for his appointment to the temporary post and he shall also be granted in the permanent post such personal pay as may be admissible under that sub-rule: Provided that where both the permanent and temporary posts are in the same line of promotion immediately before the appointed day and carry the same revised scale of pay:—
   • (a) It shall not be necessary to fix the initial pay in the permanent post if the absorbed employee has continuously held the temporary post for not less than one year immediately preceding the appointed day, and the pay as fixed in the temporary post shall be regarded as his substantive pay, and
   • (b) If the absorbed employee has continuously held the temporary post for less than one year on the appointed day, his pay in that post shall be regarded as his substantive pay on the expiry of a period of one year from the date of his continuous appointment to the temporary post. 5. Adjustment of personal pay Adjustment of personal pay.— The personal pay granted under rule 4 shall continue to be drawn subject to its being absorbed against future increases in pay such as those accruing as a result of increments, promotions or grant of special pay: Provided that where an absorbed employee has had no promotion at any time after the 19th December, 1961 and before the appointed day, the amount of personal pay that may be granted to him on promotion on the first occasion after the appointed day shall be so adjusted, where necessary, as to ensure that the increase in pay plus personal pay in the post to which he is promoted is not less than ten per cent of the pay plus personal pay admissible to him in the lower post at the time of promotion. Illustration:— If A whose pay has been fixed under rule 4 at Rs. 500/- plus personal pay of Rs. 100/- is promoted to a post carrying a minimum pay of Rs. 575/-, he will draw in that post Rs. 575/- plus personal pay of Rs. 85/- i.e. Rs. 660/- in all if the proviso to this rule applies to him; otherwise the personal pay will be Rs. 25/- by virtue of the substantive part of the rule.