Section 20 of The Kalakshetra Foundation Act, 1993
On and from the appointed day, every officer or other employee, employed immediately before the appointed day in connection with the affairs of Kalakshetra shall become an officer or other employee of the Foundation and shall hold office by the same tenure and remuneration and on the same terms and conditions as to pension, gratuity and other matters as he would have held under the Board of Trustees or any other body, in whatever, capacity, if this Act had not been passed and shall continue to do so, unless and until his employment in the Foundation is terminated or until his tenure, remuneration and other terms and conditions are duly altered by the Foundation: Provided that the tenure, remuneration and other terms and conditions of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of the Central Government.
Summary
- All employees working for Kalakshetra just before the Foundation was officially established automatically become employees of the Foundation.
- These transferred employees keep their exact same pay, rank, pension, and terms of service as they had before.
- Their employment continues under these existing conditions until the Foundation decides to alter them or ends their employment.
- The Foundation cannot change these terms to make them worse for the employee unless the Central Government gives its approval first.
Practical examples
FAQ
1. Do existing employees need to reapply for their jobs when the Foundation takes over?
No, their service is automatically transferred to the new Foundation on the appointed day.
2. Will the pay of existing employees decrease after the transfer?
No, they hold their office at the same remuneration and terms as before. If the Foundation wants to lower their pay, it must get approval from the Central Government.
3. Can the Foundation ever fire a transferred employee?
Yes, the Foundation can terminate their employment or alter their terms, but making things worse for the employee requires special Central Government approval.
Test yourself
Q1.Under Section 20 of The Kalakshetra Foundation Act, 1993, what happens to the employment conditions of an existing employee transferred to the Foundation?
Q2.Under Section 20 of The Kalakshetra Foundation Act, 1993, what is required if the Foundation wishes to alter a transferred employee's terms of service to their disadvantage?
Q3.Under Section 20 of The Kalakshetra Foundation Act, 1993, which benefits are explicitly protected for transferred employees when they join the Foundation?
Q4.How does Section 20 of The Kalakshetra Foundation Act, 1993, relate to the Director appointed under Section 19?