RULE 2: DEFINITIONS.—


(1) In these rules, unless there is anything repugnant in the subject or context,—

(i) “Act” means the Maharashtra Housing and Area Development Act, 1976;

(ii) “Account Officer” means the Chief Accounts Officer of the Nagpur Housing and Area Development Board for the employees of the Ex-Vidarbha Housing Board and the Chief Accounts Officer, Bombay Housing and Area Development Board for the rest of the employees covered by the provisions of these rules;

(iii) “Authority” means the Maharashtra Housing and Area Development Authority;

(iv) “Board” means and includes—

(a) the Bombay Housing and Area Development Board;

(b) the Nagpur Housing and Area Development Board;

(c) the Aurangabad Housing and Area Development Board;

(d) the Pune Housing and Area Development Board;

(e) the Konkan Housing and Area Development Board;

(f) any other Board established by Government under section 18 of the Act;

(v) “Contribution” means any sum payable by the Authority as an ‘Employer’ to the Contributory Provident Fund Account of an employee under sub-rule (1) of Rule 11(1) of these rules, but does not include interest;

(vi) “Emoluments” means pay, personal pay, special pay attached to the post, leave salary, subsistence grant as defined in the Maharashtra Civil Services (General Conditions of Services) Rules, 1981 and such portion of dearness allowance as may be declared as “pay” for the purposes of Contributory Provident Fund Rules, under the orders issued by Government from time to time and includes:—

(a) any wages paid by the Authority to employees not remunerated by fixed monthly pay; and

(b) any remuneration of the nature of pay received in respect of foreign service; and

(c) dearness pay appropriate to pay, leave salary of subsistence grant;

(vii)“family” means,— in the case of a male subscriber, the wife or wives and children of a subscriber and the widow or widows and children of a deceased son of the subscriber:

Provided that if a subscriber proves that his wife has been judicially separated from him or has been ceased under the customary law of the community to which she belongs to be entitled to maintenance she shall hence forth be deemed to be no longer a member of the subscriber’s family in matters to which these rules relate, unless the subscriber subsequently indicates by express intimation in writing to the Account Officer that she shall continue to be so regarded,

(b) in the case of a female subscriber the husband and children of the subscriber and the widow or widows and children of a deceased son of a subscriber:

Provided that, if a subscriber by intimation in writing to the accounts officer expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the subscriber’s family in matters to which these rules relate, unless the subscriber subsequently cancels formally in writing her intention to exclude him:

Note I.— “children” means legitimate children.

Note II.— An adopted child shall be considered to be a child and when the doubts arises in the mine of the Accounts Officer, such adopted child shall be so considered by the legal adviser of the Authority certifying that under the personal law of the subscriber, adoption is legally recognised as conferring the status of a natural child;

(vii) “foreign service” means service in which an employee of the

Authority receives his substantive pay with the sanction of the Authority from any other employer;

(ix) “fund” means the Maharashtra Housing and Area

Development Authority Contributory Provident Fund;

(x) “Government” means the Government of Maharashtra;

(xi) “Head of Office” means an officer declared as such by the Authority;

(xii) “Leave” means any variety of leave recognised by the regulations made under the Act;

(xiii) “Schedule” means scheduk appended to these rules;

(xiv) “Subscription” means any amount deducted from the emoluments of an employee under sub-rule (1) of Rule 1 0, or paid by an employee under sub-rule (2) of Rule 10.

Note.—This provision will be applicable only to those subscribers who were governed by the erstwhile Bombay Housing Board Contributory Provident Fund Rules.

(xv) “Year” means financial year ending on 31st March;

(xvi) Any words and expressions employed in these rules which is defined either in the Act, the Provident Funds Act, 1925 (XIX of 1925), the Bombay Housing Board Act, 1948 (Born. LXXIX of 1948), the Madhya Pradesh Housing Board Act, 1950 (M.P. Act XLIII of 1950) or in the Maharashtra Civil Services Rules is used in the same sense so far as maybe as therein defined.

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