Section 40 in The West Bengal University of Animal and Fishery Sciences Act, 1995
40. Transfer of staff.
(1)Every person who, immediately before the appointed day, was employed in the Faculty of Veterinary and Animal Sciences of the former University shall, on and from the appointed day, be the employee of the University and shall cease to be an employee of the former University :Provided that the non-teaching staff of the Faculty of Veterinary and Animal Sciences of the former University may exercise option for retention by the former University, if the former University agrees to retain such non-teaching staff along with the posts held by them on the day immediately before the appointed day:Provided further that the former University may retain three teaching posts and four non-teaching posts under the Department of Animal Genetics and Breeding, Department of Animal Production Management, and Department of Animal Nutrition at Mohanpur in the district of Nadia and one teaching post at Cooch Behar in the district of Cooch Behar for providing instruction for courses of study in Animal Husbandry.(2)As soon as may be after the appointed day, the State Government may, by general or special order, direct that-(a)(i)such of the employees of the former University other than those mentioned in sub-section (1), and(ii)such of the employees employed in the Department of Animal Resources Development, and the Department of Fisheries, Government of West Bengal, on the day immediately before the appointed day,as the State Government may consider necessary, shall, with effect from such date as may be specified in the order, stand transferred to the University:Provided that no such order shall be issued without the consent of the employee concerned; and(b)upon such transfer, the employees shall, with effect from the date specified in the order under this sub-section, be the employees of the University and shall cease to be the employees of the former University or the State Government, as the case may be.(3)Every person referred to in sub-section (1) and every employee inferred to in sub-section (2) shall hold office under the University on the same terms and conditions and remuneration and on the same rights and privileges as to pension and gratuity as were applicable to such persons or employees, as the case may be, on the day immediately before the appointed day or on the date specified in the order under sub-section (2), as the case may be, as if this Act had not been passed.(4)The liability to pay pension, gratuity and other terminal benefits to the persons referred to in sub-section (1) or the employees referred to in sub-section (2) shall be the liability of the University.(5)The seniority of the teachers and the non-teaching staff of the former University, on transfer to the University, shall be determined after calculating the total length of recognised services rendered by such teachers and non-teaching staff immediately before such transfer in identical posts or cadres.(6)The services rendered in, or recognised by, the Bengal Veterinary College, formerly a constituent college of the former University, or the University of Kalyani as constituted under the Kalyani University Act, 1981, or the former University or the State Government shall be recognised by the University for the purposes of this Act.(7)All promotions, financial benefits, and service benefits, sanctioned by the State Government in favour of the employees of the Bengal Veterinary College as aforesaid, permanently transferred to, and absorbed in, the Faculty of Veterinary and Animal Sciences of the former University shall be given effect to.(8)The inter se seniority and overall seniority of every person referred to in sub-section (1) and every employee referred to in sub-section (2) shall be maintained by the University in accordance with the provisions of the Statutes and the Regulations made in this behalf.(9)Notwithstanding anything contained in the foregoing provisions of this section, such of the teachers and non-teaching staff of the Bengal Veterinary College as aforesaid as were granted pro rata pension (in lump), shall, upon transfer to the University, be eligible for pension and other terminal benefits, and the recognised services rendered by such teachers and non-teaching staff in the Bengal Veterinary College as aforesaid and the former University shall count towards such pension and terminal benefits.
