32. Upon the transfer on any date (hereinafter in this Part referred to as the ' transfer date '), of the Government Electrical Undertakings to the Board under section 18, the following provisions shall have effect, except in relation to officers in a transferable service of the Government: -
| (1) The post of every pensionable public officer of the Department who, on the transfer date, has not less than ten years' pensionable service, shall be deemed to be abolished and such officer shall be deemed to have retired and shall be eligible for such a pension 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 the transfer date. |
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| (2) Every pensionable public officer of the Department who, on the transfer date, has less than ten and not less than eight years' pensionable service, shall be offered temporary employment by the Board on such terms and conditions as may be agreed upon by him and the Board for such period of time only as, when added to his pensionable service under the Government, makes an aggregate of ten years' pensionable service (service under the Board being counted as pensionable service under the Government for the computation of such aggregate), and-
| | (a) where he accepts such temporary employment under the Board-
| | | (i) he shall, during such employment, be subject to the same disciplinary control as any other officer or servant of the Board; |
| (ii) he shall be deemed, for the purposes of the Minutes on Pensions, to be holding the post in the Department that he held on the transfer date; |
| (iii) in respect of him, the Board shall pay out of the funds of the Board to the Deputy Secretary to the Treasury to be credited to the Consolidated Fund of Ceylon for every complete month of service during which he is in the temporary employment of the Board such sum not exceeding twenty-five per centum of the salary payable to him in the post that he held in the Department on the transfer date as may be determined by the Minister of Finance; |
| (iv) he shall, for the purposes of the preceding sub-paragraphs (ii) and (iii) be deemed, during such period of temporary employment under the Board, to have earned his increments, if any, in the post in the Department that he held on the transfer date, provided his service under the Board has been satisfactory; and |
| (v) at the end of the said period of temporary employment under the Board, the post he held in the Department on the transfer date shall be deemed to be abolished and he shall be deemed to have retired from the public service and shall be eligible for such a pension 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 the date of termination of his temporary employment with the Board; and |
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| | (b) where he does not accept such temporary employment under the Board, the post he held in the Department on the transfer date shall be deemed to be abolished, and he shall be eligible for an award under the Minutes on Pensions on the ground of abolition of office on the transfer date. | | |
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| (3) The post of every pensionable public officer of the Department who has less than eight years' pensionable service shall be deemed to be abolished, and such officer shall be eligible for an award under the Minutes on Pensions on the ground of abolition of office on the transfer date. |
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| (4) The post of every public officer of the Department who is a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance, shall be abolished and such officer shall, for the purposes of that Ordinance, be deemed to have left the service of the Government upon the determination of contract with the con- sent of the Government otherwise than by dismissal. |
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| (5) Every public officer of the Department whose post is abolished or deemed to be abolished under any of the preceding provisions of this section, shall be immediately offered employment by the Board on such terms and conditions as may be agreed upon by such officer and the Board: |
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| (6) Notwithstanding-
| | (a) the provisions of the preceding para- graphs (1), (2), (3) and (4), and | | |
| | (b) anything to the contrary in any other written law, | | |
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Sri Lanka Consolidated Acts