Sri Lanka Consolidated Acts

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Sri Lanka Telecommunications Act (No. 25 of 1991) - Sect 31

Special provisions applicable to certain employees of the Corporation

31. The following provisions shall apply to and in relation to any employee of the Corporation who became such an employee on the transfer date by date of the operation of the provisions of section 30"
(a) such employee shall be employed by the Corporation on such terms and conditions as may be agreed upon by such employee and the Corporation: Provided however, that such terms and conditions shall not be less favourable than the terms and conditions on which such employee was previously employed in the Department of Telecommunications ;
(b) if on the transfer date, such employee was a public officer of the Department of Telecommunications holding a post declared to be pensionable and who had less than ten and not less than eight years' pensionable service, then"
(i) he shall be deemed, for the purposes only of the Minutes on Pensions, to be holding the post in the Department of Telecommunications that he held on the transfer date until such period of time as, when added to his pensionable service under the Government, makes an aggregate of ten years pensionable service (service under the Corporation being counted as pensionable service under the Government for the computation of such aggregate) ;
(ii) in respect of him the Corporation shall pay out of the funds of the Corporation to the Deputy Secretary to the Treasury to be credited to the Consolidated Fund for every complete month of the period of service during which he is deemed for the purposes of the Minutes on Pensions to be holding the post in the Department of Telecommunications that he held on the transfer date, such sum as may be determined by the Minister in charge of the subject of Finance ; and
(iii) at the end of the period referred to in subparagraph (i) he shall be deemed to have retired from the public service and shall be eligible for such pension 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 the termination of such period ;
(c) notwithstanding the provisions of section 30 and the preceding provisions of this section, and anything to the contrary in any other written law where a public officer of the Department of Telecommunications becomes an employee of the Corporation by virtue of the operation of the provisions of section 30"
(i) if such officer is eligible for a pension on the transfer date or later and elects to draw his full pension, he shall not be paid such pension during the period of his employment with the Corporation ;
(ii) if such officer is eligible for a pension and elects to draw a gratuity in partial computation of one-fourth part of his pension in accordance with the provisions of section 2A (1) (i) of the Minutes on Pensions
(a) such gratuity shall not be paid to him but shall be credited to his account in an approved provident fund of the Corporation
(b) the remaining- three-fourth part of the pension payable to him under the said Minutes shall not be paid to him during the period of his employment with the Corporation
(c) for the purpose of computation of the period of "ten years 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 last date of his employment with the Corporation ;
(iii) if such officer is eligible for a 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 an approved provident fund of the Corporation ; and
(iv) if 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 an approved provident fund of the Corporation.


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