Sri Lanka Consolidated Acts

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Airports Authority Act (No. 46 of 1979) - Sect 32

Effect of notice under any of the paragraphs (a) to (c) of section 31 (2)

32.
(1) Any public officer referred to in subsection (1) of section 31 who gives, notice under paragraph (a) of subsection (2) of that section before the relevant date and whose notice is accepted by the Authority shall be offered employment under the Authority with effect from that date, and-
(a) shall be subject to the same disciplinary control as any other member of the staff of the Authority during the period of his employment under the Authority;
(b) shall, subject to paragraph (a), be entitled to terms and conditions of service not less favourable as respects remuneration, leave, holiday warrants, and other conditions of service as he was entitled to immediately before the relevant date during the period of his employment under the Department of Civil Aviation;
(c) shall, so long as he is in the employ of the Authority, be deemed for the purpose of the Minutes on Pensions to continue to hold a post in the public service which has been declared to be pensionable under the said Minutes and shall be eligible for the grant of a pension or gratuity as though his service under the Authority were service under the Government and the Minister in charge of the subject of Public Administration may grant such pension or gratuity in accordance with the terms of the said Minutes;
(d) in respect of him, the Authority shall pay out of the funds of the Authority to the Deputy Secretary to the Treasury to be credited to the Consolidated Fund for every complete month of service during which he is in the employ of the Authority such sum of the salary received by him in the post he holds in the service of the Authority as the Minister in charge of the subject of Public Administration may determine;
(e) shall, notwithstanding anything in the Widows and Orphans' Pension Fund Ordinance, be deemed to be a public officer within the meaning of that Ordinance and for the purpose of the application of the provisions thereof so long as he remains in the employ of the Authority ; and
(f) may, at any time during the period of his employment under the Authority, opt to be appointed to the staff of the Authority in terms of subsection (2) hereof and when such option is exercised-
(i) he shall be eligible for such an award under the Minutes on Pensions as might have been made to him if he had been retired from the public service on the ground of ill health on the date of his appointment to the staff of the Authority in accordance with this section; and the amount of any such award made under those Minutes shall not be paid to him unless his employment on the staff of the Authority is terminated by retirement on account of age or ill health or by the abolition of the office held by him on such staff or on any other ground approved by the Minister in charge of the subject of Public Administration ; and
(ii) in the event of his death after being appointed to the staff of the Authority in accordance with this section, such an award as might have been made in respect of him under those Minutes if he had died immediately before his appointment to the staff of the Authority may be made in respect of him.
(2) Any public officer referred to in subsection (2) of section 31 who gives notice under paragraph (b) of that subsection before the relevant date-
(a) shall be deemed to have retired from the public service on the relevant date ;
(b) shall be offered employment by the Authority on such terms and conditions as may be agreed upon by such officer and the Authority: Provided, however, that such terms and condition shall be not less favourable than the terms and conditions on which such officer was employed immediately before the relevant date;
(c) shall be eligible for such pension or gratuity under the Minutes on Pensions as would have been awarded to him had he retired from the public service on the ground of abolition of office on that date;
(d) if he is eligible for a pension and does not exercise the option under section 2A (1) (i) of the Minutes on Pensions, he shall not be paid the pension during the period of his employment under the Authority ;
(e) if he is eligible for a pension and elects to draw a gratuity in partial commutation of one-fourth part of his pension in accordance with the provisions of section 2A (1) (i) of the Minutes on Pensions-
(i) such gratuity shall not be paid to him but shall be credited to his account in a provident fund of the Authority established under this Act;
(ii) the remaining three-fourths part of the pension payable to him under the said Minutes shall not be paid to him during the . period of his employment by the Authority ; and
(iii) for the purposes of the computation of the period of " ten years from the date of his retirement" referred to in section 2A (1) (ii) of the said Minutes, the date of his retirement shall be deemed to be the day following the last date of his employment under the Authority; and
(f) if he is eligible for a gratuity and not a pension under the Minutes on Pensions such gratuity shall not be paid to him but shall be credited to his account in a provident fund of the Authority established under this Act.
(3) Any public officer referred to in subsection (2) of section 31 who gives notice under paragraph (c) of that subsection before the relevant date shall be deemed to have retired from the public service on that date and shall be eligible for such pension or gratuity under the Minutes on Pensions as would have been awarded to him. had he retired from the public service on the ground of abolition of office on that date:
(4) Any public officer whose notice under paragraph (a) or (b) of subsection (2) of section 31 is not accepted by the Authority shall be deemed to have retired from the public service on the relevant date and shall be eligible for such pension or gratuity under the Minutes on Pensions as would have been awarded to him had he retired from the public service on the ground of abolition of office on that date.

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