Vidhi Codex

section 36

Transfer of service of certain employees

The Anna University Act, 1978
Education197847 sections10 chapters
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Chapter VIII TRANSFER OF COLLEGES, EMPLOYEES AND FUNDS

Statutory text
  1. (1) Every person who, immediately before the appointed day, is serving in, (a) the Madras Institute of Technology, Chromepet, Madras; and
    • (b) the Departments of the University of Madras specified in item I of Schedule I shall, as from the said date, become an employee of the l[Anna University] and shall cease to be an employee of the Madras Institute of Technology or the University of Madras, as the case may be.
  2. (2) (a) As soon as may be, after the appointed day, the Government may, after consulting the Vice-Chancellor, direct by general or special order that, (i) such of the employees of the Government who immediately before the appointed day were serving in the College of Engineering, Guindy, Madras; and
    • (ii) such of the employees of the Government in the department of Technical Education, who immediately before the appointed day, were liable on orders of transfer issued by the competent authority under the rules then existing for such transfers to serve in the College of Engineering, Guindy, Madras, as are specified in such order shall stand allotted to serve in connection with the affairs of the l[Anna University] with effect from such date as may be specified in such order: Provided that no such order shall be issued in respect of any such employee without his consent for such allotment.
    • (b) An order may be issued under clause (a) of this sub-section so as to have retrospective effect on and from a date not earlier than the 4th September 1978.
    • (c) With effect from the date specified in the order under clause (a) of this sub-section, the persons specified in such order shall become employees of the l[Anna University] and shall cease to be employees of the Government.
  3. (3) Every person referred to in sub-section (1) or sub-section (2), shall hold office under the l[Anna 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 or gratuity, if any, and other matters as he would have held the same on the appointed day or the date specified in the order under sub-section (2), as the case may be, as if this Act had not been passed.
  4. (4) (a) Where the l[Anna University] is satisfied that, for the purpose of securing uniformity in the terms and conditions of service applicable to officers, teachers and other persons employed in the said University, it is necessary so to do or that, in the interest of the said University, a revision of the terms and conditions of service applicable to officers, teachers or other persons employed in the said University is called for, the l[Anna University] may, notwithstanding anything contained in sub-section (3), or in any other law for the time being in force, or in any agreement or contract for the time being in force alter the terms and conditions of service to such extent and in such manner as it may think fit: Provided that the remuneration and other terms and conditions of service of any such officer, teacher or other person employed in the l[Anna University] shall not be varied by the said University to his disadvantage.
    • (b) If any alteration of the terms and conditions of service made under clause (a) of this sub-section is not acceptable to any officer, teacher or other person employed in the l[Anna University] the said University may, unless otherwise the contract of service of such officer, teacher or other person employed in the University provides for a shorter notice of termination, terminate his employment by giving him compensation equivalent to three months' remuneration.
    • (c) The compensation payable to any officer, teacher or person employed in the l[Anna University], under clause (b) of this sub-section shall be in addition to, and shall not affect any pension, gratuity, provident fund or insurance or any other benefit to which the officer, teacher or other person employed in the said University is entitled under his contract of service.]

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