University to absorb staff of Maharashtra Krishi Vidyapeeth serving in University area and the staff of certain institutions, etc. which may be transferred to it

-1 (1)

1. (i) Every person who immediately before the date specified by the State Government under sub-section

1. (1) of section 7 is serving in any of the constituent colleges, institutions, centres or other activities transferred to the Maharashtra Krishi Vidyapeeth (Krishi Vidyapeeth) Act, 1967, which are situated in the University area shall, from that day, be deemed to have been allotted to the University, and shall be taken over and employed by the University.
   • (ii) Every person serving in any of the institutions, centres or other activities liable to be transferred to the University under section 7, and such members of the staff serving in the office of the Maharashtra Krishi Vidyapeeth and of the other Government staff connected with both or either of the Universities, as the State Government may, from time to time, having regard to the necessity therefor, direct, shall also be taken over and employed by the University. Every person taken over under clause
   • (i) or
   • (ii) and employed by the University 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 the members of such staff shall be regulated by the Bombay Civil Services Rules or such other rules as may, from time to time, be made by the State Government ;
   • (b) that, 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 Maharashtra Krishi Vidyapeeth as well as the University shall 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-sections
6. (1) and (2), every officer or servant of the State Government taken over by the University shall—
   • (i) within a period of two years from the date he was taken over by the Maharashtra Krishi Vidyapeeth, if he is allotted from that University and
   • (ii) within a period of two years from the date he is taken over by the University, if he is transferred by the State Government to the University direct, such further time, if any, as the State Government may decide, give notice in writing to the 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 compensation, 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, any service rendered by him under the State Government or the Maharashtra Krishi Vidyapeeth 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 first taken over by the Maharashtra Krishi Vidyapeeth or the University, as the case may be.
7. (4) If any officer or servant of the State Government fails to give notice under sub-section
8. (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).
9. (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 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 date applicable in his case under sub-section (3), to repatriate the said officer or servants 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.
10. (6) Notwithstanding anything hereinbefore in this section contained, any person taken over and employed by the University under this section to whom section 53 of the Marathwada Agricultural University (Krishi Vidyapeeth) Act, 1972, applies shall, with effect from the date of commencement of that Act, be subject to the provisions of that Act and the Statutes and Regulations made thereunder.