Laxminarayan Innovation Technological (LIT) University, Nagpur Act, 2023
Chapter XII TRANSITORY PROVISIONS
Education202388 sections12 chapters
Chapter XII TRANSITORY PROVISIONS
85. Provisions for existing employees for Laxminarayan Institute of Technology, Nagpur and Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur
Statutory text
- (1) Subject to the other provisions of this Act, every teacher duly selected and appointed in accordance with the law applicable there for serving in existing Institute on the date immediately before the appointed date shall become teacher of the University and shall hold his post by the same tenure and upon the same terms and conditions of service and with the same rights as to retirement benefits or other matters as he would have held if this Act had not been enacted until his tenure, remuneration or other terms and conditions of service are duly altered in accordance with this Act or Statutes made there under: Provided that the tenure, remuneration and terms and conditions of services of any such person shall not be altered to his disadvantage.
- (2) Subject to the other provisions of this Act, every employee other than teachers, duly selected and appointed in accordance with the law applicable there for, in connection with the affairs of the existing Institute and serving therein as such immediately before the appointed date, shall hold the position as notified in this regard in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held if this Act had not been enacted, and shall continue to do so unless and until his employment under the University is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes: Provided that the tenure, remuneration and terms and conditions of services of any such person shall not be altered to his disadvantage: Provided further that, nothing contained in this section shall apply to any such non-teaching employee appointed by the Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur and serving in the existing Institute immediately before the appointed date on such post, who has by notice in writing given to the Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur, within a period of thirty days from the appointed date intimated his intention of not becoming a non-teaching employee of the University; and the service of such non-teaching employee who is serving in the existing Institute, shall till the expiry of the period allowed for exercising the option, be treated as on deputation without any deputation allowance: Provided also that, if any such non-teaching employee is not willing to serve under the University, he shall be transferred to the equivalent post in the Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur and his services shall be treated as on deputation from the expiry of notice period till he is posted elsewhere.
- (3) The provisions regarding transfer of teaching and non-teaching employees of the existing Institute shall be as mutually consented as per the Memorandum of Understanding
- (MoU) between the Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur and the Laxminarayan Institute of Technology, Nagpur.
Chapter XII TRANSITORY PROVISIONS
86. Provisions relating to continuance of officers and constitution of authorities
Statutory text
- (1) Save as otherwise provided by or under this Act, the first Vice-Chancellor of the University shall be appointed by the State Government, from amongst the persons possessing the requisite qualifications and experience therefor, for the period of one year or till a regular Vice-Chancellor is appointed by the Chancellor, whichever is earlier.
- (2) If on the date of commencement of this Act, any authority or body cannot be constituted in accordance with the provisions of this Act, the Vice-Chancellor may, after approval of the Chancellor take such measures for interim constitution of such authority or body.
- (3) The term of such authority or body constituted under sub-section
- (2) shall be for a period of one year from its constitution or till such authority or body is duly constituted under this Act, whichever is earlier.
- (4) For the removal of doubt, it is hereby declared that on expiry of a period of one year of the interim constitution of such authority or body, such authority or body shall cease to function.
Chapter XII TRANSITORY PROVISIONS
87. Savings
Statutory text
- (1) All property, movable or immovable and all rights, interest of whatsoever kind, powers and privileges vested in the existing Institute on the appointed date, shall stand transferred to and shall, without further assurance, vest in, the University as mutually consented as per the Memorandum of Understanding
- (MoU) between the Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur and the Laxminarayan Institute of Technology, Nagpur and be applied to the objects and purposes for which the University is constituted.
- (2) All proceedings relating to students of the existing Institute pending before the Grievance Redressal Committee of the parent university on the appointed date shall stand transferred to the Grievance Redressal Committee under this Act for its disposal.
- (3) All benefactions accepted or received by the existing Institute, and held by it immediately before the commencement of this Act, shall be deemed to have been accepted or received or held by the University under this Act, and all the conditions on which such benefactions were accepted or received or held shall be deemed to be valid under this Act, notwithstanding that such conditions may be inconsistent with any of the provisions of this Act.
- (4) All debts, liabilities and obligations incurred before the commencement of this Act, and lawfully subsisting against the existing Institute, shall be discharged and satisfied by the University.
- (5) Any will, deed or other document made before the commencement of this Act, which contains any bequest, gift, term or trust in favour of the existing Institute, shall be deemed to have been made thereunder and for the purposes of this Act in favour of the University.
- (6) All references in any enactment or other instruments issued under any enactment to the existing Institute before the commencement of this Act, shall be deemed to have been construed under and for the purposes of this Act.
- (7) All notices and orders made or issued by any authority under the Maharashtra Public Universities Act, 2016 or by the State Government shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been made or issued by that authority or by the State Government until they are superseded or modified under this Act.
- (8) All Statutes and Ordinances and Regulations made under the Maharashtra Public Universities Act, 2016 in respect of the parent university of the existing Institute shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been made or modified by the Statutes or Ordinances, as the case may be, made under this Act.
- (9) A standard code, if any, prescribed under the Maharashtra Public Universities Act, 2016 in respect of the parent university of the existing Institute shall be deemed to have been prescribed under this Act and shall, save as otherwise provided by or under this Act, continue to remain in force, until it is superseded in accordance with the provisions of this Act.
- (10) In all suits and legal proceedings pending before any court or authority on the appointed day, to which the existing Institute was a party, the successor University of said Institute shall be deemed to have been substituted therefor.
Chapter XII TRANSITORY PROVISIONS
88. Removal of difficulties
Statutory text
-1
88.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything, not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
- (2) Every order made under sub-section
- (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.
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