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Cap. 649 · Food Safety And Security Authority Act (Cap. 649)

Cap. 649 чл. 12Offer of permanent employment with the Authority to public officers or public employees detailed for duty with the Authority.      Cap. 93. Cap. 58.    Cap. 58. Cap. 93.    Cap. 93.

PART II

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(1) The Board may, upon advice of the Chief Executive

Officer and with the approval of the Prime Minister, offer permanent employment with the Authority to any public officer or public employee detailed for duty with the Authority under any of the provisions of article 10 at a remuneration and on such terms and conditions as established by the Authority.

(2) Every public officer or public employee 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, 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 with the Government within the meanings thereof respectively.

(3) Every such public officer or public employee 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 as if his service with the Authority were service with the Government.

(4) 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 a public officer or public employee who has accepted permanent employment with the Authority as aforesaid and for the period commencing on the date of such public officer’s or public employee’s acceptance.

(5) In the case of a public officer or public employee detailed for duty with the Authority and who subsequently accepts permanent employment with the Authority the foregoing provisions shall apply subject to the following provisions of this article.

(6) For the purposes of the Pensions Ordinance the pensionable emoluments on retirement of any public officer or public employee to whom sub-article (5) applies shall be deemed to be the pensionable emoluments payable to a public officer or public employee in Government service classified in the closest corresponding grade and at an incremental level corresponding to the post occupied and incremental level on the date on which the public officer or public employee retires from the Authority.

(7)(a) The classification referred to in sub-article (6) shall be carried out by a board composed of a chairperson appointed by the Minister responsible for finance and two (2) other members, one (1) appointed by the Minister responsible for personnel policies in general in the public service and one (1) appointed by the Minister responsible for the Authority:

Provided that the classification shall be subject to the final approval of the Minister responsible for finance.

(b) Such classification shall take place within three (3) months of any adjustment of salaries of employees in Government service and, or of employees of the Authority.

(c) 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, which are less favourable than those to which he would have been entitled prior to such classification.