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State of Madhya Pradesh - Section

Section 55 in The Jawahar Lal Nehru Krishi Vishwa Vidyalaya Act, 1963

55. Transfer of property and personnel.

(1)As from such [date] [1-9-1964 has been specified as the date for the purposes of Section 55(1), by Notification No. 8745-8425-XIV-1, dated 28-11-1964.] as the State Government may, by notification, specify in this behalf all Government colleges imparting instruction in agriculture and veterinary science and animal husbandry for bachelor's degree or above and all research stations [within the areas specified in sub-section (1) of Section 6] [Substituted by M.P. Act No. 20 of 1987.] which are operated for carrying out research in agriculture and allied sciences together with lands, hostels and other buildings, furniture, library, books, laboratories, stores, instruments, apparatus, appliances and equipments and live stocks belonging to such colleges and stations and the budget programme made for them shall be transferred to and vest in the Vishwa Vidyalaya [x x x] [Omitted by M.P. Act No. 3 of 1965.].
(2)On and from the date of transfer of any college or research station under sub-section (1) the following consequences shall ensue, namely:-
(a)[ the Government employees-] [Substituted by Act No. 3 of 1965 (w.e.f. 1-10-1964).]
(i)who were working in or were attached to the Colleges or research stations on the said date; or
(ii)who but for their temporary absence from such colleges or research stations on account of any cause would have been working in or remained attached thereto on the said date;
shall become the employees of the Vishwa Vidyalaya and shall be deemed to be absorbed in the service of the Vishwa Vidyalaya with effect from the expiry of a period of two years from the said date (hereinafter in this sub-section referred to as the aforesaid period) and shall thereafter be governed by the terms and conditions governing the said services under the Vishwa Vidyalaya, unless within the aforesaid period-
(i)any Government employee opts for reversion to his services under the State Government; or
(ii)the State Government recalls the Government employee from the said service under the Vishwa Vidyalaya :
Provided that-
(i)[ the term and conditions offered by the Vishwa Vidyalaya to such employees consequent on their absorption in the service of the Vishwa Vidyalaya shall not be less favourable than those applicable to such employees immediately before the said date; and] [Substituted by M.P. Act No. 19 of 1985.]
(ii)the Vishwa Vidyalaya shall not require any such employee to accept provident fund benefits under any scheme prepared by it in lieu of pensionary benefits, if any, available to him under the Government unless he is given a reasonable opportunity of exercising his option in that behalf;
(aa)[ during the aforesaid period the Government employees referred to in clause (a) shall be treated as on deputation to the Vishwa Vidyalaya on such foreign service conditions as may be determined by the State Government in consultation with the Board : [Substituted by M.P. Act No. 24 of 1965.]
Provided that no deputation allowance shall be payable to the Government employees under this clause.]
(b)any right, privilege, obligation or liability acquired, occurred or incurred by the State Government in respect of the [colleges or research stations as the case may be] [Substituted by M.P. Act No. 3 of 1965.] shall be deemed to be the right, privilege, obligation or liability acquired, accrued or incurred by the Vishwa Vidyalaya;
(c)any contract entered into by the State Government in respect of the [colleges or research stations as the case may be] [Substituted by M.P. Act No. 3 of 1965.] shall be deemed to be a contract entered into by the Vishwa Vidyalaya.
(3)Nothing in this section shall be deemed to authorise the Vishwa Vidyalaya to sell, lease, exchange or otherwise dispose of any land or building of any college or research station, transferred to the Vishwa Vidyalaya under sub-section (1) except with the prior concurrence of the State Government.