Sri Lanka Consolidated Acts

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National Transport Commission Act (No. 37 of 1991) - Sect 14

Appointment of public officers, to the staff of the Commission

14.
(1) At the request of the Commission 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 start' of the Commission, for such period as may be determined by the Commission 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 Commission
(a) if, at the time of his temporary appointment to the staff of the Commission, his substantive post in the public service was a post declared to be pensionable under the Minutes on Pensions"
(i) he shall while in the employ of the Commission 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 Commission shall pay out of the funds of the Commission to the Treasury to be credited to the Consolidated Fund for every complete month during which he is in the employ of the Commission, 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 Commission, he was a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance; his service to the Commission 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 Commission, 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 Commission shall pay at the close of each financial year out of the funds of the Commission 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 Commission"
(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 Commission, his substantive post in the public service was a post declared to be pensionable 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 Commission;
(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 Commission 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) in the event of his death while in the employ of the Commission, 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 Commission may be made in respect of him ; and
(c) if, at the time of his permanent appointment to the staff of the Commission, he was a contributor to the Public Service Provident Fund established by 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 Commission 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 Commission 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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