National Library of India Act,1976
Act No : 76
Section : TRANSFER OF SERVICE OF EXISTING EMPLOYEES TO BOARD
SECTION 17: TRANSFER OF SERVICE OF EXISTING EMPLOYEES TO BOARD
(1) On the establishment of the Board it shall be lawful for the Central Government to transfer by order and with effect from such date or dates as may be specified in the order to the Board any of the officers or other employees serving in the Library:
Provided that no order under this subsection shall be made in relation to an officer or other employee who has in respect of the proposal of the Central Government to transfer such officer or employee to the Board intimated within such time as may be specified in this behalf by that Government, his intention of not becoming an employee of the Board.
(2) An officer or other employee transferred by an order made under subsection (1) shall, on and from such date, cease to be an employee of the Central Government, and shall become an employee of the Board with such designation as the Board may determine and shall, subject to the provisions of sub-sections (3), (4) and (5) be governed by the regulations made by the Board under this Act as respects remuneration and other conditions of service including pension, leave and provident fund and shall continue to be an employee of the Board unless and until his employment is terminated by the Board.
(3) Every officer or other employee transferred by an order made under sub-section ( 1 ), shall, within six months from such date, exercise his option in writing to be governed-
(a) by the scale of pay applicable to the post held by him under the Government immediately before the date of establishment of the Board or by
the scale of pay applicable to the post under the Board to which he is transferred.
(b) by the leave, provident fund, retirement or other terminal benefits admissible to employees of the Central Government in accordance with the rules and orders of the Central Government as amended from time to time or the leave, provident fund or other terminal benefits admissible to the employees of the Board under the regulations made by the Board under this Act, and such option once exercised shall be final:
Provided that the option exercised under clause (a) shall be applicable only in respect of thepost to which such person is transferred to the Board and on appointment to a higher post under the Board, he shall be eligible only for the scale of pay applicable to such higher post:
Provided further that if immediately before the date of his transfer any such person is officiating in a higher post under the Government either in a leave vacancy or in any other vacancy of a specified duration, his pay, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the Government to which he would have reverted or to the scale of pay applicable to the post under the Board to which he is transferred, whichever he may opt.
(4) No officer or other employee transferred by an order made under subsection (1)-
(a) shall be dismissed or removed by an authority subordinate to that competent to make a similar or equivalent appointment under the Board as may be specified in the regulations made by the Board under this Act;
(b) shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making a representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry.
Provided that this clause shall not apply,-
(i) where any officer or other employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(ii) where the authority empowered to dismiss or remove any officer or other employee or to reduce him in rank is satisfied that for some reason, shall be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(iii) to any officer or other employee who, after transfer lo the Board, is appointed to
a higher post under the Board in response to an open advertisement and in competition with outsiders.
(5) If, in respect of any such officer or other employee as aforesaid a question arises whether it is reasonably practicable to hold such inquiry as is referred to in subsection (4) the decision thereon of the authority empowered to dismiss or remove him or to reduce him in rank shall be final.
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