Sri Lanka Consolidated Acts

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Transport Board Law (No. 19 of 1978) - Sect 13

Appointment of state officers. officers of the Local Government Service, officers of any local authority officers of the Central Board and officers of Regional Transport Boards to the staff of the Central Board or any Regional Transport Board

13.
(1) At the request of the Central Board or any Regional Transport Board any officer in the state service may, with the consent of that officer and of the Secretary to the Ministry in charge of the Minister to whom the subject of Public Administration has been assigned, be temporarily appointed to the staff of the Central Board or that of the Regional Transport Board making that request, as the case may be, for such period as may be determined by the Central Board or that Regional Transport Board with like consent or with like consent be permanently appointed to such staff.
(2) Where any state officer is temporarily appointed to the staff of the Central Board or any Regional Transport Board-
(a) if at the time of his temporary appointment to the staff of such Board, his substantive post in the state service was a post declared to be pensionable under the Minutes on Pensions-
(i) he shall while in the employ of such Board be deemed to have been absent from duty in the state service on leave granted without salary on grounds of public policy and accordingly section 10 (i) of those Minutes shall apply to him; and
(ii) in respect of him such Board shall pay out of the funds of the Board to the Deputy Secretary to the Treasury to be credited to the Consolidated Fund of Sri Lanka for every complete month during which he is in the employ of the Board such sum not exceeding twenty-five per centum of the salary payable to him in his substantive post in the state 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 such Board, he was a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance, his service to such Board 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 such Board, 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 such Board shall pay at the close of each financial year out of the funds of such Board 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 state officer is permanently appointed to the staff of the Central Board or any Regional Transport Board-
(a) he shall be deemed to have left the state service ;
(b) if, at the time of his permanent appointment to the staff of. such Board, his substantive post in the state 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 state service on the grounds of ill health on the date of his permanent appointment to the staff of the Board ;
(ii) the amount of any such award made under those Minutes shall not be paid to him unless his employment in the staff of such Board 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 Finance ; and
(iii) in the event of his death while in the employ of such Board, 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 such Board may be made in respect of him ; and
(c) if, at the time of his permanent appointment 'to the staff of such Board, he was a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance, he shall for the purpose of that Ordinance, be deemed 13 to have left the service of the Government upon the determination of contract with the consent of the Government otherwise than by dismissal.
(4) Where the Central Board or any Regional Transport Board 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 such Board by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.
(5)
(a) At the request of the Central Board, or any Regional transport board any officer or servant of the Local Government Service or of any local authority may with the consent of that officer or servant and the Local Government Service Advisory Board or that authority, as the case may be, be temporarily appointed to the staff of the Central Board or the Regional Transport Board making the request for such period as may be determined by the Central Board or the Regional Transport Board with like consent, or with like consent be permanently appointed to such staff, on such terms and conditions, including those relating to pension or provident fund rights, as may be agreed upon by the central Board or the Regional Transport Board and the Local Government Service Advisory Board or authority.
(b) Where an officer or servant of the Local Government Service or of any local authority is temporarily appointed to the staff of the Central Board or any Regional Transport Board he shall be subject to the same disciplinary control as any other member of such staff.
(6) Any officer or servant- on such terms and conditions, including those relating to provident fund rights, as may be agreed upon by the Board on the staff of which that officer or servant is employed and the Board to the staff of which that officer or servant is to be appointed.
(i) of the Central Board may, with the consent of that officer or servant and that Board, be temporarily or permanently appointed to the staff of any Regional Transport Board ;
(ii) of any Regional Transport Board may, with the consent of that officer or servant and that Board, be temporarily or permanently appointed to the start of the Central Board.
(7) For the purpose of subsection (5) " local authority " means any Municipal Council, Urban Council, Town Council or Village Council


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