University to absorb existing staff, etc., and transfer thereof to it

52.

1. (1) Notwithstanding anything contained in section 51, such of the existing staff serving in any of the colleges or institutions transferred or liable to be transferred to the University under section 51, or such other staff connected therewith, as the State Government may, from time to time, having regard to the necessity thereof, direct, shall be taken over and employed by the University, and every person so taken over and employed shall be subject to the provisions of this Act and the Statutes and regulations made thereunder : Provided that,
   • (a) during the period of such employment all matters relating to the pay, leave, retirement, allowances, pension, provident fund and other conditions of service of the members of such staff shall be regulated by the Bombay Civil Services Rules, 1959 or such other rules as may, from time to time, be made by the State Government,
   • (b) any such member shall have a right of appeal to the State Government against any order of reduction, dismissal or removal from service or any other punishment.
2. (2) Subject to the provisions of sub-sections
3. (3) and (4), all permanent servants of the said staff taken over and employed by the University under sub-section
4. (1) shall have a lien on their posts in the service of the State Government, and the period of their service under the University shall if they choose to revert to the service of the State Government, be counted for their increments, pension and other matters relating to their service.
5. (3) Notwithstanding anything contained in sub-section (1), every officer or servant of the State Government taken over by the University shall, within a period of two years, from the date he is so taken over (or such further time, if any, as the State Government may decide), give notice in writings to the State Government,
   • (a) that he should be permitted to retire and thereupon he shall be permitted to retire from Government service and shall be entitled to such terminal benefits as compension, pension or gratuity, or the like, as may be prescribed by the State Government, or
   • (b) that he should be permanently absorbed in the service of the University and thereupon the University shall absorb him permanently in its service and any service rendered by him under the State Government shall be deemed to be service under the University, and he shall be entitled to receive from the University such terms and conditions of service as respects remuneration, leave and pension, and such rights as respects disciplinary matters or rights similar thereto as changed circumstances may permit as are not less favourable than those to which that person was entitled to immediately before he was taken over by the University, or
   • (c) that he should be permitted to revert to Government service and thereupon he shall be permitted to revert to the service on the same terms and conditions of service applicable to him immediately before he was taken over by the University.
6. (4) If any officer or servant of the State Government fails to give notice under sub-section
7. (3) within the time referred to therein, he shall be deemed to have opted to be permanently absorbed in the service of the University under clause
   • (b) of sub-section (3).
8. (5) Notwithstanding anything contained in this section, in the case of any officer or servant of the State Government taken over by the University, if in the opinion of the University such officer or servant is not suitable or is surplus to its requirements, the University may move the State Government, within a period of two years from the date he was so taken over to repatriate the said officer or servant to the service of Government. Upon such request by the University the State Government shall take back the said officer or servant in its service.