Bare ActsThe BPUT Act 2002

Section 37

Amendment status not verified — confirm the current text below against the official source.

(1) Notwithstanding anything contained in the Orissa Universities Act, 1989 or the Statutes made thereunder, or in the Orissa University of Agriculture and Technology Act, 1965 or the Statutes made thereunder, any or all the constituent Colleges, Institutions or Departments of other Universities as may be specified in the notification issued by the Government in this behalf shall, with effect from such date as may be specified in the said notification, be disaffiliated from the respective other Universities and be formed into and maintained as constituent Colleges, Institutions or the Departments of the University : Provided that the College of the Engineering and Technology, Bhubaneswar and the University College of Engineering, Burla shall stand transferred from the other Universities concerned and be formed into and maintained as constituent Colleges of the University, immediately and the provisions of sub-sections (2) and (3) shall apply on such transfer. (2) On and from the date so specified under sub-section (1),- (i) the control and management of the colleges or institutions or Departments notified under sub-section (1); and (ii) all the properties, assets and liabilities and rights and obligations of the respective Universities in relation to the said colleges, institutions or Departments including all obligations of the Government in relation thereto. Transfer to constituent Colleges or Institutions of other Universities. Shall stand transferred to, and vest in or devolve upon, the University. (3) The compensation payable by the University to the other Universities in respect of the properties, assets and rights belonging to the other Universities transferred to, or vested in, the University under sub-section (2) in relation to any college or institution or Department to which the provisions of this Act are applied under sub-section (1) shall be such as may be agreed upon between the respective other Universities and the University: Provided that where no such agreement is reached within a period of one year from the date specified under sub-section (1), the Government may, after giving an opportunity to the other Universities concerned and the University for making their representations in this behalf, determine the compensation payable to such other Universities and the compensation so determined shall be final and binding on such other Universities and the University. 38.(1) Notwithstanding anything contained in this Act, or any other law, but subject to the provisions of sub-section (2), where the control and management of any constituent college, institution or Department has been transferred to the University under section 37, the University shall employ all teachers and other employees of the respective constituent colleges or institutions or Departments of the other Universities concerned who, immediately before such transfer or before the date specified under sub-section (1) of section 37, were serving in or attached to those colleges or institutions or Departments, as the case may be, on such foreign service terms and conditions, as may be determined by other Universities concerned: Provided that no deputation or other allowance shall be payable to any such employees. (2) Every teacher or employee of other Universities concerned shall, within a period of six months from the date of transfer of the control and management under section 37, exercise his option to revert to the services under the other University to which he belongs, failing which, he shall be deemed to have ceased to be an employee of the constituent college or institution or Department of the other University concerned and shall be absorbed in the service of the University with effect from the date of transfer referred to in sub-section (1) and shall, from the said date or on such transfer, be governed by the terms and conditions of service prescribed for the teachers or, as the case may be, employees of the University. (3) Where any teacher or employee serving in, or attached to, any College, Institution or Department so transferred exercises option for reversion under sub-section (2) and there is no such post available in or under the other University concerned, he shall be given an opportunity to exercise an option within such time and in such manner as may be specified by the other University concerned either to be absorbed in an equivalent post available in or under such other University or to be retrenched from the service on such retrenchment benefit as may be determined by the other University concerned in consultation with the Government.

Section 37 – The BPUT Act 2002 | DailyLaw.ai