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State of West Bengal - Section

Section 64 in The Alipurduar University Act, 2018

64. Employees of the Alipurduar College.

(1)All Principal, teachers and librarians of the Alipurduar College who have been appointed in a permanent substantive vacancy shall be deemed to have been absorbed in the University with their respective posts along with their respective privileges, with effect from the date of commencement of this Act, provided such Principal or teacher or librarian possess required qualifications for appointment as a teacher of the University or a Librarian of the University as prescribed by the extant University Grants Commission's Regulations followed by the rules prescribed by the State Government.
(2)The Principal or teachers or the librarians, who do not possess required qualification for appointment as a University teacher or as a University Librarian and are not absorbed in the University in terms of the provisions of sub-section (1), such Principal or teacher or librarian shall be accommodated in other Government-aided colleges on transfer as per provisions of the West Bengal Universities and Colleges (Administration and Regulation) Act, 2017, (West Ben. Act VII of 2017.) and the rules made thereunder, without suffering any diminution in their service conditions enjoyed by them immediately preceding the date of commencement of this Act: Provided that the Principal, teachers and librarian of erstwhile Alipurduar College, who have been possessing required qualification for being absorbed in the University as prescribed under sub-section (1), shall be given an opportunity to exercise option for not being absorbed in the University and in such cases, if such Principal or teacher or librarian, as the case may be, exercises such option, his service shall be placed in another Government-aided College on transfer under this sub-section: Provided further that such option shall have to be exercised within six months from the date of assuming the charge of the office of the First Vice-Chancellor of the University.
(3)The approved part-time teachers, the approved whole-time contractual teachers, the non-teaching employees of the Alipurduar College shall, along with the privileges enjoyed by them immediately preceding the date of coming into effect of this Act, be absorbed in the University in the same capacity with the same scale of pay, with effect from the date of coming into force of this Act: Provided that the non-teaching employees of the erstwhile Alipurduar College may be given an opportunity to exercise option for not being absorbed in the University, and in such cases, if such employee exercises option, his service shall be placed in another Government-aided college on transfer as per provisions of the West Bengal Universities and Colleges (Administration and Regulation) Act, 2017 and the rules made thereunder, without suffering any diminution in their service conditions enjoyed by them immediately preceding the date of commencement of this Act: Provided further that such option shall have to be exercised within six months from the date of assuming the charge of the office of the First Vice-Chancellor of the ersity.
(4)Notwithstanding anything contained in sub-section (6), the Director of Public Instructions, West Bengal shall be the pension or Gratuity sanctioning authority for all employees including approved part-time teachers and approved contractual whole-time teachers in terms of the service rules applicable to them, if any, who will be absorbed in the University under this section.
(5)With effect from the date of coming into force of this Act, the Alipurduar College shall be deemed to have been dissolved and all bodies and authorities of the Alipurduar College, by whatever name they are called, which are in existence immediately preceding the date of coming into effect of this Act, shall also stand dissolved with effect from the date of coming into force of this Act and any decision taken or any order made by such authority shall cease to effect from such date.
(6)All posts of teachers, librarians, non-teaching staff, approved part-time and approved whole-time contractual teachers of the erstwhile Alipurduar College so absorbed under this section shall be the post of the University and shall with effect from the date of coming into force of this Act, be deemed to have been created supernumerary.
(7)Any reference to the Alipurduar College in any law, contract or other instrument shall be deemed as a reference to the Alipurduar University.