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State of Himachal Pradesh - Section

Section 46 in Himachal Pradesh Technical University Act, 2014

46. Absorption of employees.

(1)All Teachers and other employees from the Central Government, Central University or Autonomous Bodies of Central Government, State Government/ State Government Departments/State University or Autonomous Bodies of State Government, Public Sector Undertakings appointed/taken on secondment basis in public interest in the University shall be allowed to exercise option whether or not they wish their services to be taken over by the University. However, the final right to entertain the option for permanent absorption in the University will remain with the Board.
(2)Where an employee of Central Government/Central University/Autonomous Body of Central Government including a Statutory Body is permanently absorbed in the University, such of the past services rendered by him as would have counted for retirement benefits in that Government/Organization shall count for retirement benefits payable by the University subject to the following :
(a)The transfer is with the consent of the parent Government/Organization and is in public interest.
(b)The employee has not opted to receive pro-rata retirement benefits from the parent Government/Organization.
(c)The Central Government/Autonomous Bodies of Central Government including a Statutory Body, discharges its pension liability, paying in lump sum, by a onetime payment, the pro-rata pension/service gratuity/terminal gratuity and retirement gratuity for the services up to the date of absorption in the University.
(d)In case the employee is on Provident Fund or Contributory Pension scheme the accumulations in the Provident Fund or Contributory Pension Scheme account and the capitalized value of gratuity, if any, is transferred by the parent Government/Organization to the University at the time of permanent absorption. If, however, the employee has opted, within one year of permanent absorption, for counting past service rendered in the parent body as qualifying for pension by foregoing employers share of Provident Fund or Contributory Pension Scheme contribution with interest, such accumulations along with capitalized value of gratuity, if any, be transferred by the parent Organization to the University at the time of permanent absorption.
(3)When an employee of State Government/State Government Department/State University/Autonomous Bodies of State Government or Public Sector Undertaking is permanently absorbed in the University, his/her past services shall be counted for retirement benefits payable by the University provided that the transfer is certified to be in public interest of which the Board of the University shall be the sole judge, subject to the following: -
(a)The transfer is with the consent of the State Government/Department/State University/ Autonomous Bodies of State Government or Public Sector Undertaking;
(b)The State Government/Department/State University/Autonomous Bodies of State Government or Public Sector Undertakings concerned pays to the University at the time of his permanent absorption in the University, the capitalized value of the retirement benefits in respect of past service of the employee in that Organization; and
(c)In case the employee in question is on Provident Fund or Contributory Provident Fund Scheme, the accumulations in his Provident Fund or Contributory Provident Fund account shall be transferred by parent department to the University at the time of permanent absorption.