70. Upon the transfer on any date (hereinafter in this part referred to as the " transfer date ") of the Department of Water Supply and Drainage to the Board under section 57, the following provisions shall have effect, except in relation to officers in a transferable service of the Government-
| (1) Every pensionable state officer of the Department shall be offered the option of either retiring from service, or of being employed under the Board. |
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| (2) Where any such officer exercises the option to retire, the post held by such officer on the transfer date shall be deemed to be abolished, and he shall be eligible for an award under the Minutes on Pensions on the ground of abolition of office on the transfer date. |
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| (3) Where any such officer opts to be employed under the Board, the Board shall employ such officer on such terms and conditions as may be agreed upon by such officer and the Board, and-
| | (a) where such officer has on the transfer date, not less than ten years' pensionable service, or less than eight years' pensionable service, the provisions of paragraphs (a) and | | |
| | (b) of subsection (3) of section 9 of the Motor Transport Act, No. 48 of 1957, shall apply, mutatis mutandis, to such officer; and (b) where such officer has less than ten, and not less than eight, years' pensionable service,
| | | (i) the service of such officer under the Board for such period (hereinafter referred to as the " relevant period "), as when added to the period of his pensionable service under the Government makes an aggregate of ten years' service, shall be counted as pensionable service of such officer under the Government; |
| (ii) the Board shall during the relevant period pay every month out of the funds of the Board, to the Deputy Secretary to the Treasury to be credited to the Consolidated Fund, twenty-five per-centum of the salary payable to such officer in the post held by him in the Department on the transfer date; |
| (iii) such officer shall be deemed during the relevant period to have earned his increments, if any, in the post held by him in the Department on the transfer date, provided his service under the Board has been satisfactory; and |
| (iv) at the end of the relevant period, the provisions of paragraphs (a) and (b) of subsection (3) of section 9 Of the Motor Transport Act, No. 48 of 1957, shall apply, mutatis mutandis, to such officer. |
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| (4) The post of every state officer of the Department who is a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance shall be deemed to be abolished and such officer shall, for the purposes of that Ordinance, be deemed to have left the service of the Government upon the determination of contract with the consent of the Government otherwise than by dismissal. |
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| (5) Notwithstanding anything to the contrary in any other written law, where any state officer referred to in subsection (4) is employed by the Board after the transfer date, and such officer is eligible for the receipt of any sum of money under the Public Service Provident Fund Ordinance, such sum shall not be paid to him but shall be credited to his account in a provident fund of the Board established under section 17 (h). |
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Sri Lanka Consolidated Acts