25. The following new part is here by inserted immediately after section 65, and shall effect as part VIA of the principal enactment :-
| 65A. Where on or before the appointed date-
| | (a) the Authority has exercised discharged and performed any power, function or duty under section 27(a) of the principal enactment, as repealed by section 24 of this Act, such power, function or duty shall for all purposes be deemed to have been exercised discharged and performed with effect from the appointed date, by the Commission ; and | | |
| | (b) in every context in which the Director General of Telecommunications appointed under section 2 of the principal enactment as repealed by section 4 of this Act (whether by name designation in full or by the abbreviated designation of Director General")is mentioned in any written law, notice or other document or form required or authorized by any written law under section 27 (b) of the principal enactment as repealed by section 24 of this act, there shall be substituted for the words "Director General of Telecommunications " of the words "commission". | | |
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| 65B.
| | (1) The provisions of this section shall apply to every public officer who was in the service of the Authority not being any such officer in a transferable service of the Government, on the day immediately preceding the date of appointed date. | | |
| | (2) Every public officer to whom subsection (1) applies and who holds a post declared to be pensionable under the Minutes on persons shall, not less than two weeks before such date as may be determined by the Minister by order published in the Gazette (hereinafter in this section referred to as the "relevant date"), give notice in writing to the Commission that such public officer, intends on that date.
| | | (a) to continue in office as a public officer or |
| (b) to retire from the public service and become an employee of the commission if, being a pensionable officer he would on that date have had not less than ten years pensionable service ; or |
| (c) to leave the public service and become an employee of the Commission if being a pensionable officer he would on that date have less than ten years pensionable service ; or |
| (d) to leave the public service and become an employee of the Commission if, he is a contributor to the public service Provident Fund established under the Public Service Provident Fund Ordinance ; or |
| (e) to both retire and leave the public service and not become an employee of the Commission. |
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| | (3) A notice given to the Commission before the relevant date by a public officer of the Authority under subsection (2), shall be final. | | |
| | (4) Any public officer who was in the service of the Authority and who does not give the notice required under paragraphs (b), (c), (d), or (e) of subsection (2) before the relevant date, or gives such notice under paragraph (a) of subsection (2), shall continue in office as a public officer on and after that date. | | |
| | (5) A public officer referred to in subsection (2) so long as he continues in such office, shall perform the work for and on behalf of the Commission in his capacity as such officer, and he eligible to the same conditions of service as he was entitled to while doing work for the Authority in his capacity as such officer, and shall be subject to such disciplinary control as any other public officer. | | |
| | (6) Where any public officer who was a the service of the Authority continues in office as such officer on and after the relevant date performing work for and on behalf of the Commission in his capacity as such officer the Commission shall pay out of the Fund of the Commission to the Deputy Secretary to the credited to the Consolidated Fund, such sum not exceeding such amount as may be determined by the Minister in charge of the subject of Finance as is sufficient to cover the salary, and other expenses including pension or provident Fund contributions, payable by the Government in respect of such officer. | | |
| | (7) Any public officer who was in the service of the Authority and who give notice under paragraph (b) or (d) or (e) of subsection (2) before the relevant date shall
| | | (a) Where such notice is given by him under paragraph (b) of that subsection, becomes an employee the Commission from and after the relevant date, and shall be deemed to have retired from the public service on that date, and shall be eligible for such a pension under the Minutes on pensions as would have been awarded to him had be retired from the Public Service of the ground of abolition of office on that date ; or |
| (b) where such notice is given by him under paragraph (c) of that subsection, becomes an employee of the Commission from and after the relevant date, and shall be deemed to have left the public service on the date on which he completes ten years of pensionable service provided for in paragraph (b) of subsection (9), and shall be eligible for such an award under the Minutes on Pensions as would have been awarded to him and he retired from the public service on the ground of abolition of office, on the termination of such period of pensionable service ; or |
| (c) Where such notice is given by him under paragraph (d), of that subsection, becomes an employee of the Commission from and after the relevant date, and shall be deemed for the purposes of Public Service Provident Fund to have left the service of the Government upon the determination of a contract with the consent of the Government otherwise than by dismissal on that date ; or |
| (d) Where such notice is given by him under paragraph (e) of that subsection, and
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| | (8) In the event of any conflict or inconsistency between the provisions of subsections (4) and (7) of this section and any other provisions of this Act, the provisions of those subsections shall to the extent of such conflict or inconsistency prevail upon such other provisions. | | |
| | (9) The following provisions shall apply to and in relation to any employee of the Commission who becomes such an employee on the relevant date, by virtue of the operation of the provisions of subsection (7) :-
| | | (a) such employee shall be employed by the Commission on such terms and conditions as may be agreed upon by such employee and the Commission. |
| (b) if on the relevant date, such employee was a public officer in the service of the Authority holding a post declared to be pensionable and who had less than ten years pensionable service, then-
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| | (10)
| | | (a) Any person who on and after the relevant date continues in office as a public officer performing work for and on behalf of the Commission in his capacity as such officer may at any time with his consent and that of the Commission, be appointed to the staff of the Commission. |
| (b) Where any officer is appointed to the staff of the Commission under paragraph (a) the provision of subsections (7) and (9) of this section shall, mutatis mutandis, apply to and in relation to him and the reference to "relevant date" appearing in those subsection shall mean the date on which the officer is appointed to the staff of the Commission. |
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| 65C.
| | (1) Where any public officer of the Authority who was in a transferable service of the Government on the day immediately preceeding the appointed date, is appointed to the staff of the Commission, the provisions of section 65B shall, mutatis mutandis, apply to and in relation to, the employment of such officer. | | |
| | (2) For the purpose of subsection (1), the reference to 'relevant date" in section 65B shall mean the date on which the office referred to in that subsection, becomes an employee of the Commission. | | |
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| 65D.
| | (a) For the purpose of this part of this Act, "Authority" means the Authority as referred to in section 2 of the principal enactment as repealed by section 4 of this Act,'. | | |
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Sri Lanka Consolidated Acts