2. The following new sections are hereby inserted immediately after section 31, and shall have effect as section 31A, section 31B and section 31C, of the Ceylon Electricity Board Act, No. 17 of 1969 (in this Act referred to as the " principal Act "): -
| 31A.
| | (1) Every public officer of the given by of the Department, not being any such officer in a transferable service of the Government Department shall, before the date on which before the transfer date. the Government Electrical Undertakings are transferred to the Board under section 18 (in this Act referred to as the " transfer date "), give notice in writing to the General Manager of the Department that such officer intends, on that date,-
| | | (a) to continue in office as a public officer of the Department and to perform, so long as he so continues, work for and on behalf of the Board in his capacity as such officer; or |
| (b) to retire from the public service and become an employee of the Board if, being a pensionable officer of the Department, he would on that date have had not less than ten years' pensionable service; or |
| (c) to leave the public service and become an employee of the Board if, being a pensionable officer of the Department, he would on that date have less than ten years' pensionable service; or |
| (d) to leave the public service and become an employee of the Board if he is a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance; or |
| (e) to both leave the public service and not become an employee of the Board. |
|
| | (2) A notice given to the General Manager of the Department before the transfer date by a public officer of the Department under sub-section (1) shall be final | | |
|
|
| 31B.
| | (1) Any public officer of the Department who does not give the notice required by sub-section (1) of section 31A before the transfer date, or gives such notice under paragraph (a) of that sub- section, shall continue in office as such officer on and after that date and, for so long as he so continues in office, shall perform work for and on behalf of the Board in his capacity as such officer and be subject to the same conditions of ser vice as he was subject to while doing work for the Department in his capacity as such officer, and accordingly the rules made by the Public Service Commission, and the Administrative Regulations, the Financial Regulations, and the Treasury Circulars of the Government, shall continue to apply to and in relation to such officer. | | |
| | (2) Where any public officer of the Department continues in office as such officer on and after the transfer date performing work for and on behalf of the Board in his capacity as such officer, 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 such sum not exceeding such amount as may be deter- mined by the Minister of Finance as sufficient to cover the salary, and other expenses including pension or provident fund contributions, payable by the Government in respect of such officer, | | |
| | (3) In the event of any conflict or inconsistency between the provisions of sub-section (1) and any other provisions of this Act, the provisions of that sub- section shall to the extent of such conflict or inconsistency prevail over such other provisions. | | |
|
|
| 31C.
| | (1) Any public officer of the Department who gives notice under any of the paragraphs (b) to (e) of sub section (1) of section 31A before the transfer date shall,-
| | | (a) if such notice is so given by him under paragraph (b) of that sub-section, become an employee of the Board on that date and shall, subject to the provisions of section 32, 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 that date; or |
| (b) if such notice is so given by him under paragraph (c) of that sub-section, become an employee of the Board on that date and shall be deemed to have left the public* service on that date and shall, subject to the provisions of section 32, be eligible for such an award under the Minutes on Pensions as would have been awarded to him if he had left the public service on the ground of abolition of office on that date; or |
| (c) if such notice is so given by him under paragraph (d) of that sub-section, become an employee of the Board on that date, and shall be deemed for the purposes of the Public Service Provident Fund to have left the service of the Government upon the determination of contract with the consent of the Government otherwise than by dismissal; or |
| (d) if such notice is so given by him under paragraph (e) of that sub-section, and. -
|
|
| | (2) In the event of any conflict or inconsistency between the provisions of sub-section (1) and any other provisions of this Act, the provisions of that sub section shall to the extent of such conflict or inconsistency prevail over such other provisions. ". | | |
|
|
|
Sri Lanka Consolidated Acts