Maharashtra act 033 of 1973 : The Maharashtra College Teachers (Temporary Postponement of Confirmation) Act, 1973.

Section 1.Short title and commencement.

(1) This Act may be called the Maharashtra College Teachers (Temporary Postponement of Confirmation) Act, 1973.

(2) It shall be deemed to have come into force on the 31st day of May 1973.

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "college" means an affiliated or constituent college (but does not include a Government college) ;

(b) "relevant Act" means the Poona University Act, 1948 (Bom. XX of 1948), the Shreemati Nathibai Damodar Thackersey Women's University Act, 1949 (Bom. LI of 1949), the Bombay University Act, 1953 (Bom. XXXI of 1953), the Marathwada University Act, 1958 (Bom. XXXIX of 1958), the Shivaji University Act, 1962 (Mah. XXVIII of 1962) or the Nagpur University Act, 1963 (Mah. XXII of 1964), as the case may be, under which the particular University is established ;

(c) "University", in relation to a college, means the University of Poona, the Shreemati Nathibai Damodar Thackersey Women's University, the University of Bombay, the Marathwada University, the Shivaji University or the Nagpur University, as the case may be, to which it is affiliated or of which it is a constituent college;

(d) words and expressions used in this Act and not defined shall have the meaning assigned to them in the relevant Act.

Section 3.Temporary postponement of confirmation of teachers in colleges.

Notwithstanding anything contained in the relevant Act (and in the Statutes, Ordinance, Regulations and Rules made thereunder), or in any other law for the time being in force, or in any contract, a teacher of a college, who is temporary employee or on probation and not confirmed immediately before the commencement of the Maharashtra College Teachers (Temporary Postponement of Confirmation) Ordinance, 1973 (Mah. Ord. IX of 1973), shall not be confirmed until such date as the State Government may by notification in the Official Gazette appoint; and his services shall be liable to be terminated at any time by the management of the college by giving him one month's notice, or salary in lieu thereof:

Provided that, where the confirmation of any teacher is postponed or the services of any teacher are terminated, any such teacher shall be given first preference when any equivalent or lower post of a teacher, to the post held by him immediately before the commencement of the said Ordinance, is to be filled in the college or under the same management for higher secondary education. If the teacher accepts such offer, he shall be appointed by the management to such post on a salary, which shall be not less than the salary he was drawing immediately before the commencement of the said Ordinance, but the scale of pay and other conditions of service (including workload) shall be as attached to the post accepted by him.

¹[Provided further that, as soon as may be after the date aforesaid is appointed by the State Government by notification in the official Gazette, a teacher of a college, who was a temporary employee or on probation and not confirmed immediately before the commencement of the said Ordinance and whose services were continued upto that date, shall be confirmed by the management of the college from the date on which he would have been otherwise confirmed, but for the provisions of this Act.]

1. This proviso was deemed always to have been added by Mah. 25 of 1975, s. 2.

Section 4.Repeal of Mah. Ord. IX of 1973 and saving.

(1) The Maharashtra College Teachers (Temporary Postponement of Confirmation) Ordinance, 1973 (Mah. Ord. IX of 1973), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken by or under the said Ordinance, shall be deemed to have been done or taken by or under the corresponding provisions of this Act.