17. |
- Subject to the provisions of the Constitution, any other
enactment applicable thereto, and without prejudice to the other
provisions of this Act, the employment and appointment of officials
and other employees of the Author i ty shal l be made by the
Authority and the terms and conditions of their employment and
appointment shall be establ ished by the Authority with the
concurrence of the Minister.
- The Authority may, with the approval of the Minister given
after consultation with the Minister responsible for finance,
establish a scheme or schemes, whether by contributory or noncontributory
arrangements or partly by one and partly by the other,
for the payment of pensions, gratuities and other like benefits to its
officers and employees on their retirement, death or injury, or to
their dependants.
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18. |
- Where the Chief Executive Officer or a member of the
staff of the Authority, or a consultant, advisor or other person
engaged by the Authority, has any interest in, or material to, any
matter which falls to be considered by the Authority, he shall -
- disclose to the Authority the nature of his interest at
the first meeting of the Authority after such interest is acquired or in advance of any consideration of the
matter, whichever is the earlier;
- neither influence nor seek to influence a decision in
relation to such matter; and
- take no part in any consideration of such matter.
- Where a question arises as to whether or not a course of
conduct, if pursued by a person, would constitute failure by him to
comply with the requirements of sub-article (1), the question shall
be determined by the Authority and the decision and its motivation
shall be recorded in the minutes of the meeting during which the
decision was taken.
- Where a disclosure is made to the Authority pursuant to
sub-article (1), particulars of the disclosure shall be recorded in theminutes of the relative meeting.
- Where a person to whom sub-article (1) applies fails to
make the required disclosure, the Authority shall decide the
appropriate action to be taken which may include the removal from
office or termination of the contract of the person concerned.
- Save as may be otherwise required or permitted for the
purposes of this Act, or in the course of a prosecution for an
offence committed against any of the provisions of this Act or of
any other law or of any regulations made thereunder, the Authority
and its staff shall, in carrying out their functions or duties under
this Act, be bound by the provisions of the Professional Secrecy
Act and shall not divulge any information about any applicant or
any benefits granted to any applicant without the prior written
consent of such applicant or as otherwise permitted by law.
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19. |
The Authority shall appoint and employ, at such
remuneration and upon such terms and conditions as it may, in
accordance with article 17, determine, such officers and employees
of the Authority as may from time to time be necessary for the due
and efficient discharge of the functions of the Authority. |
20. |
- The Prime Minister may, from time to time, direct that
any public officer shall be detailed for duty with the Authority in
such capacity and with effect from such date as may be specified in
the Prime Minister’s direction.
- The period during which a direction as aforesaid shall apply
to any officer specified therein, shall, unless the officer retires from
the public service, or otherwise ceases to hold office at an earlier
date, or unless a different period is specified in such direction, end
on the happening of any of the following events, that is to say:
- the acceptance by such officer of an offer of transfer to
the service of, and permanent employment with, the
Authority made in accordance with the provisions of
article 22; or
- the revocation of such direction by the Prime Minister,
in relation to such officer:
Provided that in relation to a public officer detailed for
duty with the Authority with effect from such date as the Prime Minister may in a direction as aforesaid
establish, the detailing of such public officer shall
cease to have effect after one year from the effective
date of such direction, unless the direction is revoked
earlier by the Prime Minister.
- Where a direction as aforesaid is revoked by the Prime
Minister in relation to any officer, the Prime Minister may, by
further direction, detail such officer for duty with the Authority in
such capacity and with effect from such date as may be specified in
the Prime Minister’s direction, and the provisions of sub-article (2)
shall thereupon apply to the period of duration of such detailing by
any such further direction in relation to such officer.
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21. |
- Where any public officer is detailed for duty with the
Authority under any of the provisions of article 17, such officer
shall, during the time in which such direction has effect in relation
to him, be under the administrative authority and control of the
Authority but he shall for all intents and purposes remain and be
considered and treated as a public officer.
- Without prejudice to the generality of the foregoing, an
officer detailed for duty as aforesaid -
- shall not during the time in respect of which he is so
detailed -
- be precluded from applying for a transfer to a
department of the Government in accordance
with the terms and conditions of service attached
to the appointment held by him under the
Government on the date on which he was so
detailed for duty; or
- receive remuneration and be subject to
conditions of service which are less favourable
than those attached to the appointment under the
Government held by him on the date aforesaid or
which would have become attached to such
appointment, during the said period, had such
officer not been detailed for duty with the
Authority; and
- shall be entitled to have his service with the Authority
considered as service with the Government for the
purposes of any pension, gratuity, or benefit under the
Pensions Ordinance and the Widows’ and Orphans’
Pensions Act and for the purpose of any other right or
privilge to which he would have been entitled, and
liable to any liability to which he would have been
liable, but for the fact of his being detailed for duty
with the Authority.
- Where an application is made as provided in sub-article
(2)(a)(i) the same consideration shall be given thereto as if the
applicant had not been detailed for service with the Authority.
- The Authority shall pay to the Government such
contributions as may from time to time be determined by the Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer detailed for duty with the
Authority as aforesaid during the period in which he is so detailed.
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22. |
- The Authority may, with the approval of the Prime
Minister, offer permanent employment with the Authority to any
officer detailed for duty with the Authority under any of the
provi s ions of ar t icle 20 at remunerat ion and on terms and
conditions not less favourable than those enjoyed by such officer
on the date of such offer.
- The terms and conditions of any permanent employment
offered by the Authority under the provisions of sub-article (1)
shall not be deemed to be less favourable merely because they are
not in all respects identical or superior to those enjoyed by the
officer concerned on the date of such offer, if such terms and
conditions, taken as a whole, in the opinion of the Prime Minister
offer substantially equivalent or greater benefits.
- Every officer who accepts permanent employment with the
Authority offered to him under the provisions of sub-article (1)
shall, for all purposes other than those of the Pensions Ordinance
and of the Widows’ and Orphans’ Pensions Act, and saving the
provisions of article 41 of this Act, be deemed to have ceased to be
in service with the Government and to have entered into service
with the Authority on the date of his acceptance, and for the
purposes of the said Ordinance and of the said Act, so far as
applicable to him, service with the Authority shall be deemed to be
service wi th the Government wi thin the meanings thereof
respectively.
- Every such officer as aforesaid who, immediately before
accepting permanent employment with the Authority was entitled
to benefit under the Widows’ and Orphans’ Pensions Act, shall
continue to be so entitled to benefit thereunder to all intents as if
his service with the Authority were service with the Government.
- The Authority shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer who has accepted permanent
employment with the Authority as aforesaid during the period
commencing on the date of such officer’s acceptance.
- In the case of a public officer detailed for duty with the
Authority with effect from the date established under the proviso to
article 20(2) (b) and who subsequently accepts permanent
employment with the Authority the foregoing provisions shall
apply subject to the following provisions of this article.
- For the purposes of the Pensions Ordinance the pensionable
emoluments on retirement of any public officer to whom sub-article
(6) applies shall be deemed to be the pensionable emoluments
payable to an officer in Government service in a grade and at an
incremental level corresponding to the post occupied and
incremental level on the date on which the officer retires from the
Authority.
- For the purposes of this article, posts and salary grades
with the Authority shall be classified in the most
nearly corresponding grades and incremental levels in
the service under the Government by reference to job
description, skills, responsibilities and other analogous
factors.
- The classification referred to in paragraph (a) shall be
carried out by a board composed of a chairperson
appointed by the Ministry responsible for finance and
two other members, one appointed by the Ministry
responsible for personnel policies in general in the
public service and one appointed by the Authority. The
classification shall be subject to the final approval of
the Minister responsible for finance.
- Such classification shall take place within three
months of any adjustment of salaries of employees in
Government service and, or of employees of the
Authority.
- No post shall be classified in a grade higher than that
of a Grade 3 in the service of the Government or such
other grade that the Minister responsible for finance
may from time to time by notice in the Gazette
determine.
- Without prejudice to article 113 of the Constitution, no
person may, following a classification as aforesaid, be
entitled to rights under the said Pensions Ordinance
less favourable than those to which he would have
been entitled prior to such classification.
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23. |
The Authority may engage such consultants or advisers, as
it may consider necessary to assist it in the fulfilment of its
functions. |
