University to absorb staff of agricultural schools, the management and maintenance of which is transferred to it from Zilla Parishads

The Maharashtra Agricultural University (Krishi Vidyapeeth) Act, 1967

Education196771 sections1 chapters

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Chapter IV AUTHORITIES OF THE UNIVERSITY

Statutory text

(1) Notwithstanding anything contained in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, with effect from the date appointed under section 7A in respect of any agricultural school (hereinafter in this section referred to as "the appointed day"), every person (whether he is a Government servant on deputation to a Zilla Parishad under section 253B or is finally allotted to a Zilla Parishad under section 242 or 253C of the said Act or is appointed by a Zilla Parishad or has otherwise become an officer or servant of a Zilla Parishad under the said Act) serving in such school immediately before the appointed day, shall be taken over and employed by the University, and every person to taken over and employed shall be subject to the provisions of this Act and the Statutes and Regulations made thereunder : Provided—
- (a) that, during the period of such employment, all matters relating to the pay, leave, retirement, allowances, pension, provident fund and other conditions of service of such person shall be regulated by the rules, which were applicable to him immediately before the appointed day, or in the case of a Government servant on deputation be regulated by such other rules as may, from time to time, be made by the State Government ;
- (b) that, against any order of reduction, dismissal or removal from service or any other punishment, any such person shall have a right of appeal, if he is a Government servant on deputation, to the State Government, and if he is or has become an officer or servant of a Zilla Parishad to such authority as was competent to entertain such appeal under the rules applicable to him immediately before the appointed day.
(2) Subject to the provisions of sub-sections
(3) and (4), all persons taken over and employed by the University under sub-section
(1) who are servants of the State Government on deputation to a Zilla Parishad under section 253B of the said Act, shall from the appointed day cease to be on such deputation ; and who are permanent servants of the State Government or of a Zilla Parishad, shall have a lien on their posts in the service of the State Government or the Zilla Parishad, as the case may be, and the period of their service under the University shall if they choose to revert to the service of the State Government or the Zilla Parishad, be counted for their increments, pension and other matters relating to their service.
(3) Notwithstanding anything contained in sub-sections
(1) and (2), every person taken over by the University under sub-section
(1) shall, within a period of two years from the appointed day (or such further time, if any, as the State Government may decide), give notice in writing to the State Government—
- (a) that he desires to retire and thereupon he shall be permitted to retire from Government service or the Zilla Parishad service, as the case may be, and shall be entitled to all such terminal benefits as compensation, pension or gratuity, or the like, as he would have been entitled to, had he then retired from Government service or the Zilla Parishad service, as the case may be, 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, any service rendered or deemed to be rendered by him under the State Government or the Zilla Parishad 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 the appointed day, or
- (c) that he should be permitted to revert to Government service or the Zilla Parishad service, as the case may be and thereupon he shall be permitted to revert to the said service on the same terms and conditions of service applicable to him immediately before the appointed day.
(4) If any person taken over by the University under sub-section
(1) fails to give notice under sub-section
(3) in time, he shall be deemed to have opted to be permanently absorbed in the service of the University under clause
- (b) of sub-section (3)
(5) Notwithstanding anything contained in this section, in the case of any person taken over by the University, if in the opinion of the University such person is not suitable or is surplus to its requirements, the University may move the State Government within a period of two years from the appointed day, to repatriate him to the service of Government or the Zilla Parishad, as the case may be.

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