Section 28 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008
Transfer of service of existing employees.
- (1)On and from the date of commencement of this Act, every employee holding a post in the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, before that date, shall hold the post in the Institute by the same tenure, and upon the same terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such post as if this Act had not been passed and shall continue to do so as an employee of the Institute for a period of 1 [three and one-half years] from the date of the commencement of this Act, unless he, within the said period of 1 [three and one-half years], opts not to be an employee of the Institute or until his tenure, remuneration or other terms and conditions of service are duly altered by the regulations: ` 2 [Provided that the employees, who have, or as the case may be, who have not, exercised their option and not transferred out of the Institute as on the date of coming into force of the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry (Amendment) Act, 2011 (10 of 2011), may exercise their option afresh before the specified period: Provided further that] the officers of the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry belonging to the Central Health Service, who opts to be an employee of the Institute then, his appointment, pay, allowances and other terms and conditions of service shall be such as may be prescribed.
- (2)Every person, who opts not to be an employee of the Institute within the period so specified, shall be governed by the rules and orders as are applicable to the Central Government officers and employees of equivalent rank.
- (3)Subject to the provisions of this section, the tenure, remuneration and other terms and conditions of service including pension of any employee of the Institute shall not be altered to his disadvantage without the previous approval of the Central Government.
Summary
- Employees working at the Institute before the Act started keep their jobs on the exact same terms, conditions, and pay.
- They have a period of three and one-half years from the start of the Act to decide if they want to opt out of being an Institute employee.
- If they do not opt out, they become Institute employees, and their terms might be altered by new regulations later.
- A 2011 amendment gave employees another chance to make this choice if they had not transferred out by the time the amendment took effect.
- People who choose to opt out are treated under the rules for Central Government officers of a similar rank.
- An employee's pay, pension, or conditions cannot be changed to their disadvantage without getting prior approval from the Central Government.
Practical examples
FAQ
1. How long did existing staff have to make a decision about their employment?
They had three and one-half years from the commencement of the Act.
2. What happens if an employee opts out?
They are governed by the rules and orders applicable to Central Government officers of equivalent rank.
3. What happens to officers belonging to the Central Health Service who opt in?
Their appointment, pay, allowances, and other conditions will be set by specific rules.
4. Can the Institute randomly cut an existing employee's pension?
No, the tenure, pay, and conditions including pension cannot be altered to their disadvantage without the previous approval of the Central Government.
Test yourself
Q1.Under Section 28 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, how long is the default transition period for an existing employee to opt out of becoming an Institute employee?
Q2.Under Section 28 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, what happens to a person who officially opts NOT to be an employee of the Institute?
Q3.Under Section 28 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, what is required before an employee's remuneration can be altered to their disadvantage?
Q4.Under Section 28 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, a specific rule applies to officers belonging to which existing service if they opt to become Institute employees?
Q5.Under Section 28 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, what new right was introduced for employees by the 2011 Amendment Act?