 bill no 56 of 1985 the goa, daman and diu (absorbed employees) bill, 1965a bill to provide for the regulation of the conditions of bervic~ of persons absorbed for service in connection with the administtation of the union territory af goa, daman and diu and for matters connected therewith be it enacted by parliament in the sixteenth year of the republic of india as fonows:-l this act "may be called the goa, daman and diu (absorbed sbort udi " employees) act, 1965 z in this act, unless the context otherwise requires,-debitiom ,-(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 h1'vbig 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--4f-the-cen1ralgovernment; __ _ (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 3 (1) the central government may make rules-(a) for the regulation of recruitment to absorbed posts and the eoaditlons of service of absorbed employees; 10 (b) for the regulation of the egnditions of serviee of persona who were in the serviee of a corporation (whether known s - junta or otherwise) immediately before the 20th day of deeemher, 1961, and who on or after: that date either served or have been serving in eonneetioo with the administration of the union is territory of goa daman and diu or idl any of the departments 01 the central government (2) any sueh nile may be made so as to be retrospeetive to any date not earlier than the 20th day of deeember, 1961: provided that no person shall, 'by virtue of such retrospective 20 effect, bet liable to refund any amount paid to him by way of salary or allowances or pension before the making' of any such rule (3) every rule made under this section shall be laid, as soon a8 may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised 2s in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall, thereafter, have effect! only in such modified fonn or be of no 30 effect, as the case may be; so however that any such modification -or annulment shall be without prejudice to tlnavalidity of anything previously done under that rule , (1) on the making of any rule under section 3, the corresponding law, if any, in respect of any matter for which provision is 3s made in that rule, shall stand repealed with effect from the date of the coming into 'force of that rule (2) the provisions of sections 6 and 24 of the general clauses act, -1897, shallj apply to such repeal as if the rule and the corresponding law ~erred to in sub-section (1) were central acts 40 5 if any difticulty arises in giving effect to the provisions of this power to act or any rule made thereunder in relation to any absorbed =: dillemployee 01'- any personreferred-tg- inclause(bj-of sub-section (1) of section 3, the central government may, by order, make such pro-s vision as appears to it to be necessary or expedient for removing the difficulty: provided that the power under this section shall not be exerclloable after the expiration of a period of two years from the commencement of this act  statement of objects and reasonswhen goa, daman and diu were integrated with the union of india and constituted a union territory in decem~~ 1961, a number of persons who -were-irrthe-serviceof  the portuguese j\~stra  tion including persons employed in some of the corporate bodies, were taken over by the government of india by virtue of section 5 of the goa, daman and diu (administration) act, 1962, the conditions of service of these employees are still regulated by a decree called' "the estatuto do funcionalismo ultramarino", ie, the statute of the overseas functionaries this statute also regulates the mode of recruitment to the civil services and posts which existed in th~~ areas when they became part of india the pattern of conditions qf service provided by the statute and the other provisions thereof are different from those applicable to other persons employed in connection with the affairs of the union consequently, difficulties have arisen in properly: integrating these employees and also in reorganising the administrative agencies in the union territory of goa, daman and diu on the lines obtaining in the rest of the country to remove these difficulties, it is necessary to modify the provisions of the statute but, as the statute has the force of law, its provisions cannot be modified' except by or under an act of parliament the bill, therefore, seeks to empower the central government to regulate recruitment to the civil services and posts referred to above and also to regulate the conditions of service of the absorbed employees and for the repeal of the corresponding provisions of the statute of the overseas functionaries ' g l nanda new delhi; the 27th august, 1985  presment's recommendation under article 117 of the constitution of india[copy of letter no f 1-45/64-goa, dated the 7th september, 1968 from shri jai sukh la! hawli, minister of state in the ministry of home mairs to the secretary, lok sabha]  the president having been informed of the subject matter of the bill to provide for the regulation of the conditions of service of persons absorbed for service in connection with the administration of the union territory of goa, daman and diu, recommends, under clause (3) of article 117 of the constitution, the consideration of the said bill in the lok sabbs about 5,000 persons who were serving in the portuguese administration or corporate bodie were taken over by the central government consequent on integration of goa, daman and diu with the union of india of these, about 1,250 employt!\' have been absorbed by the various departments of the central ~~vern­mentand the others have served or are serving in connection with the administration of the union territory the bill if enacted and brought into force will involve additional~nditure from the consolidated fund of india in respect of the employees absorbed by the departments of the central government, only if the rules which may be made provide for conditions of service more liberal than those at present enjoyed by these employees as details of the scale of pay, etc, which may be allowed to these employees are still being worked out, it is not possible to give an estimate of the additional expenditure, if any, involved at this stage any expenditure which may arise consequent on the appucation of the rules to the persons serving in connection with the administration of the union territory will be met from the consolidated fund of the union territory  -  mimorandum regarding delegated legisla'rtonsub-clause (1) of clause 3 of the bill provides that the ~entrai government may make rules for regulation of recruitment to absorbed· posta and conditiolls of service of absorbed employees as well as of employees serving in corporate bodies before the 20th d&eember, ib61, and subsequently absorbed by the administration of the territory or any department of the central goverrament under sub-clause (2) of clause 3, the central government ·may give retrospective e1!ect to any of the rules from a date not earlier than 20th december, 1961 'this provision has been made because in regard to certain matters like travelling allowance, the central rules have already been made applicable to these employees the matters in respect of which rules are to be made are those mentioned in the proviso to article 309 in respect of which the president is already empowered to make rules the delegation of legislative power is, therefore, of a normal character  a billto provide for the regulation of the conditions of service of persons absorbed for service in connection with the administration of the union territory of goa, damw and diu and for matters connected therewith (shri gulzarilal nanda, minister of home affairs) 