Effect of transfer on seniority etc. – If an employee of University is transferred under orders of the Chancellor from one University to another University, he shall continue to get the pay and allowances he has been drawing and shall carry his seniority based on the date of his regular appointment to the post.
Apportionment and transfer to officers, teachers and servants – (i) Notwithstanding anything to the contrary contained in any law or a contract, the following provisions shall apply to all officers, teachers and other servants of the Universities referred in sub-section (1) of Section 3 of the Act:-
The State Government shall, as soon as a new University is created, and established, apportion and transfer such officers, teachers and other servants between the different Universities and shall also apportion funds between the Universities.
The State Government may, on representation made by any officer or teacher or other servant who has been apportioned and trans-Ferried under clause (a) reapportion and re-transfer him to anyone of the Universities established under the Act:
Provided that before making an order under this clause the State Government shall give a reasonable opportunity to the officer or teacher or servant of the University, to be adversely affected by such transfer, to make a representation and be heard:
Provided further that any officer or teacher or other servant re-apportioned under this clause shall not be allotted a post lower than the post on which he was employed by the University established under the Act.
(c) On such apportionment or re-apportionment such officer, teacher and servant shall be deemed to have been transferred to the University to which they are allotted under clause (a) or clause (b) with effect from the date of commencement of the Act.
(d) The University to which such officer teacher and servants are deemed to have been transferred under clause (c) shall employ them subject to such terms and conditions as were in force with respect to them immediately before transfer from the University concerned and they shall be subject to such disciplinary control as are for the time being applicable to the officers, teachers and other servants of the University to which they are deemed to have been transferred.
(2) If consequent upon a transfer made under sub-section (1) a dispute arises as to the post or rank which the transferred officer or teacher or servant should hold in the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
Legislative changes (after 1982)-This section was added in this act for the first time by Bihar Ordinance 14 of 1993. Act 17 of 1993 which repealed Ordinance 14 of 1993 retained the addition of this section but with changes in sub-section (1) (b). Sub-section (1) (b) as contained in Ordinance 14 of 1993 read as follows:-
(b) (i) The State Government may on representation made by any officer, or teacher or other servant of the Universities who has been appointed and transferred under clause (a) to an University established under the Act, transfer him to any one of the Universities established under the Act.
Provided that before making an order under this clause the State Government shall give a reasonable opportunity to any officer or teacher or other servant of the University to which the transfer made who considers himself likely to be adversely affected by the transfer to make a representation.
(ii) With regard to the officer or teacher or servant who in the opinion of the State Government is affected by an order of transfer made under clause (a) the State Government may make such order as it may deem proper and the University to which the order is directed shall comply therewith notwithstanding the fact such University is other than that in which the officer, teacher or servant is employed on the date such direction is made:
Provided that an officer re-appointed under clause (b) shall not be appointed to a post lower than the post on which he was employed by the University established under the Act.'
Sub-section (1) (b) vide Act 7 of 1993 read as follows:-
“(b) The State Government may, on representation made by any officer or teacher or other servant who has been apportioned and transferred under clause (a), re-apportion and re-transfer him to anyone of the Universities established under the Act:
Provided that before making an order under this clause the State Government shall give a reasonable opportunity to the officer or teacher or other servant of the University, to the officer or teacher or other servant of the University, to be adversely affected by such transfer, to make a representation and be heard.
Provided further that any officer or teacher or other servant re-apportioned under this clause shall not be allotted a post lower than the post on which he was employed by the University established under the Act,'