23.
| (1) Except as otherwise excluded by the agreement referred to in subsection (2) of section 22, with effect from the transfer date
| | (a) all contracts and other agreements entered into by, with, or for, the Department of Geological Survey and subsisting on the day immediately preceding the transfer date shall be deemed with effect from that date, to be contracts or other agreements entered into by, with, or for, the Bureau ; | | |
| | (b) all interests, rights, easements, obligations, debts and liabilities of the Department of Geological Survey subsisting on the day immediately preceding the transfer date shall with effect from that date be deemed to be the interests, rights, easements obligations, debts and liabilities of the Bureau; | | |
| | (c) all installations, plant and equipment and other property installed and maintained by the Department of Geological Survey and all things of whatever description used for the purposes of such Department, on the day immediately preceding the transfer date, shall stand transferred to, and be vested in, the Bureau with effect from that date; | | |
| | (d) the Bureau shall have the right to recover or receive any moneys that on the day immediately before the transfer date were due and owing to the Government in respect of services provided by the Department of Geological Survey. | | |
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| (2) Every public officer of the Department of Geological Survey who does not belong to a combined service of the Government and was in service on the day immediately preceding the appointed date, shall be offered employment by the Bureau on such terms and conditions as are not less favorable than the terms and conditions on which he was employed in the Department. |
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| (3) Where a public officer referred to in subsection (2) is 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 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 ground of abolition of office, on the date of his appointment to the staff of the Bureau; |
| (ii) the amount of any such award made under those Minutes shall not be paid to him unless his employment in the Bureau is terminated by retirement on account of age or ill-health or by the abolition of the post held by him in the Bureau or on any other ground approved by the Minister in charge of the subject of Public Administration; |
| (iii) in the event of his death while in the employ of the Bureau, 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 Bureau may be made in respect of him; and |
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| | (c) if, at the time of his 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, he shall, for the purposes of that Ordinance, be deemed to have left the service of the Government upon the determination of the contract with the consent of the Government otherwise than by dismissal. | | |
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| (4) Where the Bureau employs any 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. |
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| (5) Where any public officer referred to in subsection (2) does not accept the offer made to him under that subsection, he shall
| | (a) be deemed to have left the public service on the appointed date; and | | |
| | (b)
| | | (i) if, on the day immediately preceding the appointed date, his substantive post in the Department of Geological Survey was a post declared to be pension able under the Minutes on Pensions, Be granted such an award under those Minutes as would have been granted to him if he had been retired from the public service on the ground of abolition of office on the appointed date; or |
| (ii) if, on the day immediately preceding the appointed date he was a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance, he shall, for the purposes of that Ordinance be deemed to have left the service of the Government upon the determination of the contract with the consent of the Government, otherwise than by dismissal and shall be eligible for an award under that Ordinance. |
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Sri Lanka Consolidated Acts