Section 73 in Kerala University of Fisheries and Ocean Studies Act, 2010
73. Transfer of certain colleges and institutions to the University.
(1)Notwithstanding anything contained in the Kerala Agriculture University Act, 1971 (Act 33 of 1971), the Statutes, Ordinances, Regulations or Orders made thereunder, Colleges of Fisheries of Kerala Agriculture University shall, as from such date as the Government may by notification in the Gazette specify, be disaffiliated from the Kerala Agriculture University and shall be maintained by the Kerala University of Fisheries and Ocean Studies, as constituent units.(2)The control and management of the institutions specified in sub-section (1) shall, as from the date notified under that sub-section, be transferred to the University and all properties and assets and liabilities and obligations of the Government in relation thereto shall stand transferred to vest in, or devolve upon, the University.(3)The control and management of all research and educational institutions of the Departments of Fisheries and Ocean Studies in the State shall, as from such date or dates as the Government may by order specify, be transferred to the University, and thereupon all the properties and assets and liabilities and obligations of the Government in relation to such institutions shall stand transferred to, vest in, or devolve upon, the University.(4)Every person employed in any of the institutions specified in sub-section (1) or in any of the institutions referred to in sub-section (3) immediately before the date specified in the notification under sub-section (1) or the date specified in the order under sub-section (3) in relation to that institution, as the case may be, shall, as from that date, become an employee of the University:Provided that the Government may within a period of six months from the date specified in the notification under sub-section (1) or in the order under sub-section (3) with the concurrence of the University, -(a)direct that any person who has so become an employee of the University shall cease to be an employee of the University and shall become an employee of the Government , if in the opinion of the Government the continuance of such person as an employee of the University has the effect of depriving any other person who has superior claim and who is willing to be appointed in the employment of the University; or(b)transfer to the University any employee of the Government who on the date specified in the notification under sub-section (1) or in the order under sub-section (3), as the case may be, is eligible to become an employee of the University and who has superior claim than any other person who has become an employee of the University on that date:Provided further that, if in the opinion of the University, any person employed in any of the institution referred to in sub-section (3) immediately before the date specified in the order under that sub-section in relation to that institution or any person transferred to the University under the preceding provision, is not suitable, the University may move the Government within a period of two years from the date specified in the said order or the date of transfer of the person to the University, as the case may be, to take back such person to the service of the Government , and thereupon the Government shall take back such person to the service of the Government.(5)If any person employed in any of the colleges specified in sub-section (1) does not possess the qualification prescribed for the corresponding post in the University, a post of the same cadre as he was holding immediately before the date specified in the notification under the said sub-section shall be created in the University for accommodating such person.(6)Subject to the provisions of sub-sections (4) and (5), the remuneration and conditions of service of any person referred to in sub-section (4) shall not be less favourable than those to which that person was entitled immediately before he became an employee of the University.(7)Notwithstanding the transfer of a person to the University under sub-section (4), any proceedings initiated by the Government against such person before the date of such transfer may be continued by the Government as if such person has not become an employee of the University, and the University shall be bound to give effect to the decision taken by the Government in such proceedings.
