Section 57 in The Uttar Banga Krishi Viswavidyalaya Act, 2000
57. Transfer of employee to former University.
(1)Every employee, who, immediately before the appointed day, was employed in the North Bengal campus, regional research stations and sub-stations of Hill and Old Alluvial Zone, and Krishi Bigyan Kendra at Kalimpong 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 such employee may exercise option for his retention by the former University and, thereupon, the former University shall absorb such employee in the vacant post of the same category, if any, in the former University:Provided further that the employees who have exercised option under the first proviso shall continue to remain to be the employees of the former University and shall be treated to be on deputation without payment of any deputation allowance till such employees are absorbed in the vacant posts of the same category in the former University.(2)(a)The process of absorption of the employees of the former University exercising option under the proviso to sub-section (1) in the vacant posts in the former University shall remain open for such period, not being less than five years, as may be decided by the committee constituted by the State Government under section 60.(b)Till such time as the process of absorption of the employees of the former University exercising option under the proviso to sub-section (1), in the various posts which have fallen vacant or will fall vacant in the former University in the same category is completed, the former University shall not fill up such vacancies in the same category, either by way of promotion or otherwise.(3)(a)As soon as may be after the appointed day, the State Government, in consultation with the Vice-Chancellor and the former University, may, by general or special order, transfer such employees of the former University, who seek option for transfer to the University, other than those mentioned in sub-section (1), on the day immediately before the appointed day, as the State Government may consider necessary and, thereupon, such employees 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.(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:Provided that such process of transfer of employees of the former University to the University shall remain open for such period, not being less than five years, as may be decided by the committee constituted by the State Government under section 60.(4)Every employee referred to in sub-section (1) or sub-section (3) shall hold office in the University on the same terms and conditions and on the same rights and privileges as to pension and gratuity as were admissible to such employee on the day immediately before the appointed day or on the date specified in the order, as the case may be, as if this Act had not been passed.(5)The liability to pay pension, gratuity and other terminal benefits to the employees referred to in sub-section (1) and sub-section (3) shall be the liability of the University.(6)The seniority of Teachers, officers and non-teaching employees of the former University after transfer to the University, shall be determined after calculating the years of recognised services rendered by such Teachers, officers and non-teaching employees in the former University before such transfer in identical posts or cadres.(7)The services rendered in, or recognised by, the North Bengal campus, regional research stations and sub-stations of Hill and Old Alluvial Zone, and Krishi Vigyan Kendra at Kalimpong of the former University or any other constituent unit of the former University, or the State Government shall be recognised by the University for the purposes of this Act.(8)All promotions, financial benefits, and service benefits, sanctioned by the State Government in favour of the employees of the North Bengal campus, regional research stations and sub-stations of Hill and Old Alluvial Zone, and Krishi Vigyan Kendra at Kalimpong of the former University or of the employees of the former University transferred to the University under sub-section (3) shall be given effect to.(9)The inter se seniority and overall seniority of every employee referred to in sub-section (1) and sub-section (3) shall be maintained by the University in accordance with the provisions of the Statutes and the Regulations made in this behalf.(10)Notwithstanding anything contained in the foregoing provisions of this section, such of the Teachers, officers and non-teaching employees of the North Bengal campus, regional research stations and sub-stations of Hill and Old Alluvial Zone and Krishi Bigyan Kendra at Kalimpong of the former University and such employees transferred to the University under subsection (3) 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 all such employees in the former University shall count towards such pension and terminal benefits.(11)The State Government may, by order, issue any clarification, or give any direction, for giving effect to the provisions of this section.
