Ceylon Tea Board Act (No. 15 of 1970)

Sri Lanka Consolidated Acts

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Ceylon Tea Board Act (No. 15 of 1970) - Sect 29

Effect of a notice given under section 28 (2)

29.

(1) Any public officer referred to in subsection (2) of section 28 who gives notice under paragraph (a) of that sub-section before the appointed date -

	(a) shall be subject to the same disciplinary control as any other member of the staff of the Board during the period of his employment under the Board;

	(b) shall, subject to paragraph (a), be entitled to the 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 appointed date during the period of his employment under the Board;

(c) shall, so long as he is in the employ of the Board, in terms of this section, be deemed for the purposes 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 Board were service under the Government; and the Minister of Finance may grant such pension or gratuity in accordance with the terms of the said Minutes;

	(d) 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 employ of the Board such sum of the salary received by him in the post he holds in the service of the Board as the Minister of Finance 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 Board; and

(f) may, at any time during the period of his employment under the Board, opt to be appointed to the staff of the Board in terms of section 29 (2) 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 Board 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 in the staff of the Board is terminated by retirement on account of age or ill health or by the abolition of the office held by him in such staff or on any other ground approved by the Minister of Finance; and

(ii) in the event of his death after being appointed to the staff of the Board 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 Board may be made in respect of him.

(2) Any public officer referred to in sub-section (2) of section 28 who gives notice under paragraph (b) of that sub-section before the appointed date

	(a) shall be deemed to have retired from the public service on the appointed date;

	(b) shall be offered employment by the Board on such terms and conditions as may be agreed upon by such officer and the Board:

	(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 Board;

(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

(aa) such gratuity shall not be paid to him but shall be credited to his account in a provident fund of the Board established under this Act:

(bb) 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 Board; and

(cc) for the purposes of the computation of the period of " twelve years and six months 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 Board; and

	(f) if he is eligible for the 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 Board established under this Act.

(3) Any public officer referred to in sub-section (2) of section 28 who gives notice under paragraph (c) of that sub-section before the appointed 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.

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