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State of Andhra Pradesh - Section

Section 43 in Andhra Pradesh Agricultural University Act, 1963

43. Powers of Government To Transfer Certain Colleges and Institutions To The University.

(1)Notwithstanding anything in the Andhra University Act, 1925, Sri Venkateswara University Act, 1954 and the Osmania University Act, 1959 or the Statutes made thereunder, the Agricultural College, Bapatla, sri Venkateswara Agricultural College, Tirupati the Andhra University College, Tirupati To the University and the College of Home Science, Hyderabad, shall, * as from the date notified in the Andhra Pradesh Gazette by the Government in this behalf be disaffiliated from the Andhra University, Sri Venkateswara University or the Osmania University as the case may be, and shall be maintained by the University as University Colleges.
(2)Notwithstanding anything in the Osrnania University Act, 1959 or the statutes made thereunder, the College of Agriculture at Rajendra nagar and the University College of Veterinary Science and Animal Husbandry at Hyderabad shall, * as from the date notified by the Government under subsection , cease to be the Constituent College and the University College respectively of the Osmania University and be maintained by the University as University Colleges.
(3)The control and management of the colleges specified in sub -section (1) shall, as from the date notified by the Government under the sub-section stand transferred to the University and all the properties and assets, and liabilities and obligations of the Government in relation thereto shall stand transferred to, vest in, or devolve upon, the University.
(4)The control and management of the colleges specified in sub -section (2) shall *as from the date notified by the Government under sub-section (1), stand transferred to the University and all the properties and assets, and liabilities and obligations, of the Osmania University in relation thereto shall, subject to subsection (5), stand transferred to, vest in, or devolve upon, the University.
(5)The compensation payable by the University to the Osmania University 7 respect of the transfer and vesting of the properties and assets, and the devolution of liabilities and obligations, under sub-section (4) shall be such, as may be agreed upon between the two Universities. In default of such agreement, the compensation shall be determined by the Government after giving opportunity to the two Universities of making their representations in that regard and the decision of the Government in the matter shall be final.
(6)[ Notwithstanding any thing in this Act, but subject to the provisions of sub-section(6-A), where the control and management of any college has been transferred to the university under sub-section (3) or sub-section (4), the University shall employ all teachers and other employees of the Government or the Osmania University as the case may be, who immediately before the date notified by the Government under sub-section (1), were serving in or were attached to that college, on such foreign service conditions as may be determined by the Government in the case of a Government employee or by the Osmania University in the case of an employee of that University. Provided that no deputation or any other allowance shall be payable to any such employee.Provided further that all the teachers and the other employees of the Government or the Osmania University, as the case may be who are serving the University on the date of commencement of the Andhra Pradesh Agricultural University (Amendment) Act, 1974, shall be deemed to have been employed by the University under this sub-section.] [As amended by the Andhra Pradesh Agricultural University (Amendment) Act , 1971 (Act No. 18 of 1974).][(6-A) Notwithstanding anything in sub-section (6), every such teacher or other employee of the Government or the Osmania University, as the case may be shall, within a period of two months from the date of commencement of the Andhra Pradesh Agricultural University (Amendment) Act, 1974, exercise his opinion to revert to the service under the Government or the Osmania University, as the case may be, to which he belongs, failing which he shall be deemed to have been absorbed in the service of the University with effect from the date notified by the Government under sub-section (1) and shall from the said date, be governed by the terms and conditions governing the said service:Provided that-
(i)the terms and conditions offered by the University to such teachers and other employees consequent on their absorption in the service of the University shall not be less favourable than those applicable to such teachers and other employees.
(a)immediately before the date notified by the Government under subsection (1), as respects remuneration, leave. pension., gratuity and provident fund.
(b)immediately before the date of commencement of the Andhra Pradesh Agricultural University (Amendment) Act, 1974, as respects the age of super-annuation.
(ii)the service rendered by any such teacher or other employee under the Government or the Osmania University as the case may be, upto the date notified as aforesaid shall be deemed to be service under the University and he shall be entitled to count that service for the purpose of increments, leave, pension or provident fund and gratuity.]
[(6-B) Notwithstanding anything in sub-section (6-A) every such teacher or other employee who had exercised his option within a period of two months from the date of commencement of the Andhra Pradesh Agricultural University (Amendment) Act, 1974, to revert to the service under the Government or the Osmania University, as the case may be. to which he belongs, shall be given an opportunity to exercise a revised Option within c period of two months, or such other period beyond two months as may be specified by the Government from the date of commencement of the Andhra Pradesh Agricultural University (Amendment) Ordinance, 1976.] [As amended by the Andhra Pradesh l Agricultural University (Amendment ) Act , 1976 (Act No.18 of 1976).][(6-C) In exercise of the powers conferred by sub-section (6-0 of section 43 of the Andhra Pradesh Agricultural University Act, 1963 (Act 24 of 1963) as Amendment by Act 9 of 1992, every teacher or other employee who has exercised his revised option under sub-section (6-B) of the said section to revert to the service under the Government or Osinania University as the case may be to which he belongs, but has not been reverted in pursuance of such Op lion the Governor of Andhra Pradesh hereby appoint the 31st October, 1993 as the last date within which the transferred the aforesaid employees may exercise their Revised option.] [As amended by the Andhra Pradesh Agricultural university Amendment) Act, 1992 (Act No. a of 1992).]
(7)Notwithstanding anything in this Act. or the statutes made there - under , any student of the University College, who was study in 2 for any examination of the Andhra University. Sri Venkateswara University or the Osmania University shall be permitted to complete his course in preparation therefor, and the University shall make arrangements for holding for such students examinations for such period as may be prescribed, in accordance with curricula of studies of the Andhra University, Sri Venkateswara University or the Osmania. University, as the case may be.
(8)The Government shall by order direct that all the institutions under the control and management of the Government conducting research in the subject of agriculture or animal husbandry shall be maintained by the University, with effect from such date or dates as may be specified in the order which shall in any case be before the expiration of three years from the appointed day. The control and management of such institution shall thereupon stand transferred to the University and all the properties and assets and liabilities and obligations, of the Government in relation thereto shall stand transferred to, vest in, or devolve upon, the University.[The provisions contained in sub-section (6) and (6-A) shall, mutatis mutandis, apply in respect of the teachers and other employees of the Government who immediately before such transfer were serving in or attached to that institution.] [As amended by the Andhra Pradesh Agricultural University (Second Amendment) Act, 1974 (Act No.50 of 1974).]