Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Mines And Minerals Act (No. 33 of 1992) - Sect 14

Appointment of public officers to the staff of the bureau

14.
(1) At the request of the Board any officer in the public service may, with the consent of that officer and of the Secretary to the Ministry of the Minister in charge of the subject of Public Administration be temporarily appointed to the staff of the Bureau for such period as may be determined by the Board with like consent, or with like consent be permanently appointed to such staff.
(2) Where any public officer is temporarily appointed to the staff of the Bureau
(a) if at the time of his temporary appointment to the staff of the Bureau, his substantive post in the public service was a post declared to be pension able under the Minutes on Pensions
(i) he shall while in the employ of the Bureau be deemed to have been absent from duty in the public service on leave granted without salary on grounds of public policy and accordingly, section 10(1) of those Minutes shall apply to him; and
(ii) in respect of him the Board shall pay out of the funds of the Bureau to the Treasury to be credited to the Consolidated Fund for every complete month during which he is in the employ of the Bureau such sum not exceeding twenty-five per centum of the salary payable to him in his substantive post in the public service as may be determined by the Minister in charge of the subject of Finance ; and
(b) if, at the time of his temporary appointment to the staff of the Bureau, he was a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance, his service to the Bureau shall, for the purpose of that Ordinance, be deemed to be service to the Government, and accordingly he shall, while he is in the employ of the Bureau continue to pay to the Public Service Provident Fund such contributions as he may be liable under that Ordinance to pay, and in respect of him the Bureau shall pay at the close of each financial year, out of the funds of the Bureau to the Deputy Secretary to the Treasury to be credited to the appropriate account in the Public Service Provident Fund, a sum equivalent to such contribution as the Government is liable to pay to the Public Service Provident Fund in respect of him.
(3) Where any public officer is permanently appointed to the staff of the Bureau
(a) he shall be deemed to have left the public service ;
(b) if, at the time of his permanent appointment to the staff of the Bureau his substantive post in the public service was a post declared to be pension able under the Minutes on Pensions
(i) he shall be eligible for such an award under those Minutes as might have been made to him if he had been retired from the public service on the date of his permanent appointment to the staff of the Bureau ; and
(ii) the amount of any such award made under those Minutes shall not be paid to him unless his employment in the staff of the Bureau is terminated by retirement on account of age or ill-health or by the abolition of the post held by him in such staff or on any other ground approved by the Minister in charge of the subject of Public Administration ; and
(iii) such an award as might have been made in respect of him under those Minutes if he had died immediately before his permanent appointment to the staff of the Bureau may be made in respect of him, in the event of his death while in the employ of the Bureau; and
(c) if, at the time of his permanent appointment to the staff of the Bureau he was a contributor to the Public Service Provident Fund established say the Public Service Provident Fund Ordinance, he shall for the purpose of that Ordinance, be deemed to have left the service of the Government upon the determination of his contract with the consent of the Government otherwise than by dismissal.
(4) Where the Bureau employs a person who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any period of service to the Bureau by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.
(5) At the request of the Board any officer or servant of a public corporation may, with the consent at such officer or servant and the governing board of such corporation be temporarily appointed to the staff of the Bureau for such period as may be determined by the Board with like consent or with like consent be permanently appointed to such staff on such terms and conditions including those relating to pension or provident fund rights as may be agreed upon by the Board and the governing board of such corporation.
(6) Where any person is temporarily appointed to the staff of the Bureau in pursuance of the provisions of sub section (5), such person shall be subject to the same disciplinary control as any other member of such staff,
(7) At the request of the Board, any officer or servant of any Higher Educational Institution may, with the consent of such officer or servant and the principal executive officer of that Higher Educational Institution, be temporarily appointed to the staff of the Bureau for such period as may be determined by the Board with like consent or be permanently appointed to such staff, on such conditions including those relating to pension and provident fund rights, as may be agreed upon by the Board and such principal executive officer.
(8) Where any officer or servant of any Higher Educational Institution is temporarily appointed to the staff of the Bureau, he shall be subject to the same disciplinary control as any other member of such staff.
(9) In this section " Higher Educational Institution " and " principal executive officer" shall have the respective meanings assigned to them by the Universities Act, No. 16 of 1978.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]