Section 47 in The Assam Agricultural University Act, 1968
47. Transfer of College and Institutions to the University.
(1)Notwithstanding anything contained in this Act or the Statutes or Regulations or orders made thereunder, the Assam Agricultural College, Jorhat; and the Assam Veterinary College, Khanapara, shall, as from such date as the State Government may, by notification in the official Gazette specify, be disaffiliated from Dibrugarh and Gauhati Universities respectively and shall be maintained by the Assam Agricultural University as constituent Colleges.(2)The control and the management of the Colleges specified in sub-sections (1) shall, from the aforesaid day, stand transferred to the University and all properties and assets and liabilities and obligations of the State Government in relation thereto shall stand transferred to, vest in or devolve upon the Universities.(3)Notwithstanding anything contained in this Act or the Statutes or Regulations made thereunder, any student of the College specified in sub-section (1) who is studying for any examination of the Dibrugarh or the Gauhati University, as he case may be, shall be permitted to complete his course and preparation therefor and the University shall make arrangements for holding for such student's examinations for such periods as may be prescribed in accordance with the curriculum of studies of the Dibrugarh or the Gauhati University. Such students shall appear at the examinations within 3 years of the period required for completing the said Courses of Studies.(4)The control and managements of all research and educational institutions of the Department of Agriculture, the Department of Animal Husbandry and Gram Sevak Training Centres in the State shall, as from such date as the State Government may by order specify, be transferred to the University and thereupon all the properties and assets and liabilities and obligations of the State Government in relation to such institutions shall stand transferred to, vest in or devolve upon the University.(5)After passing of this Act, every person employed in any of the Colleges specified in sub-section (1) or in any of the institutions referred to in sub-section (4) immediately before the appointed day or the day or the date specified in the Order under sub-section (4) shall from the appointed or specified day become an employee of the University ; and 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 pay, leave, retirement, allowances, pension, provident fund and other conditions of service of the members of such staff shall be regulated by the Assam Civil Services Rules or such other rules as may from time to time be made by the State Government;(b)that any such members shall have a right of appeal to the State Government against any order of reduction, dismissal or removal from service or any other punishment.(6)Subject to the provisions of sub-sections (7) and (8) all employees who are either permanent or on probation or on temporary service, taken over and employed by the University under sub-section (5) shall have a lien on their post in the service of the State Government and the period of their service under the University shall, if they choose to revert to the service of the State Government, be counted for their increment, pension, and other matters relating to their service.(7)Notwithstanding anything contained in sub-sections (5) and (6), every officer and servant of the State Government taken over by the University, shall, within a period of two years from the date he is so taken over [or such further time (if any) as the State Government may decide], give notice in writing to the State Government-(a)that he should be permitted to retire and thereupon he shall be permitted to retire from the Government service and shall be entitled to such terminal benefits as compensations, 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. Any service rendered by him under the State Government 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 in respect of remuneration, leave and pension and such rights in respect of 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 taken over by the University.(8)If any officer or servant of the State Government fails to give notice under sub-section (7) 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 (7).
