Amendment status not verified — confirm the current text below against the official source.
(1) The State Government may, at any time within the period of five years referred to in sub-section (2) of section 3, acquire the institution by notification. (2) On and from the date of the notification referred to in sub-section ( 1) (hereinafter referred to as the date of vesting),— (i) the institution shall stand transferred to, and vest absolutely in, the State Government, free from all encumbrances; (ii) the institution shall be run by the State Government as a State institution; (iii) any contract, whether express or implied, or other arrangement, whether made under any statute or otherwise, in relation to the management of any property or other affairs of the institution, and in force immediately before the date of vesting shall be deemed to have terminated on and from the date of vesting; (iv) every person who has been an employee of the institution, in a non- teaching post, before the date of vesting, he shall, on and from the date attesting, be withdrawn from the institution, and be posted to any other establishment of the University of Calcutta as he may be deemed suitable and expedient. However, every person who has been an employee of the institution, in a teaching post, before the date of vesting, he shall, on and from the date of vesting, be at liberty to exercise an option, to remain under the employment of the University of Calcutta and then he shall be posted to any other establishment of that University subject to his technical, operational and economic feasibility, or to retire voluntarily from the employment of the University of Calcutta, or to become an employee of the State Government on the following terms and conditions of service :— (a) the teaching staff of the institution shall have the option to remain on terms and conditions of the service of the University of Calcutta or to join the corresponding State Services including the West Bengal State Health Services, subject to selection through the Public Service Commission, West Bengal, wherever necessary ,Those who opt to remain on the terms and conditions of service of the University of Calcutta, shall be governed by the rules and regulations of the University of Calcutta, (b) the set up of medical teaching posts of the institution, after the date of vesting, shall be subject to reconciliation with the notification of the State Government whereunder different teaching posts have inter ilia been sanctioned for different departments of the Institute of Post-graduate Medical Education and Research, 224A, A. J. C. Bose Road, Kolkata-700 020. If the number of teaching personnel exceeds the number of sanctioned teaching posts for any department consequent to the absorption of teaching personnel, upon such vesting, the State Government shall reserve the right to transfer such excess teaching personnel to other vacant posts in any other medical teaching institutions under the State Government, irrespective of the fact whether such teaching personnel have opted to remain on the terms and conditions of service of the University of Calcutta or are employed under State Government, whatsoever, (c) the modality of pay fixation of such teaching personnel after the vesting shall be notified in due course, (d) the terms and conditions of the service of employees who have been employed on contract basis shall be maintained provided that the contract is for a short period not exceeding five years in any case. If, however, the case is otherwise, the employee shall enter into a fresh contract with the State Government, (e) a list of all such teaching personnel who have opted to become an employee of the State Government, on whatever terms and conditions they have opted for, shall be forwarded to the office of the Principal Accountant General, West Bengal, and Pay and Accounts Office, Kolkata, along with all service particulars of them; (v) notwithstanding anything contained in any other law for the time being in force or in any contract, custom or usage, to the contrary , the transfer of the service of any employee of the institution to the service of theState Government shall not entitle such employee to any compensation on any account whatsoever and no claim in this behalf shall be entertained by any court, tribunal or authority. PART lin THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 5, 2003 13 Effect of taking over of management. Payment of compensation. The Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences (Taking over of Management and Subsequent Acquisition) Act, 2002. (Sections 5, 6.)