Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 456 · cap/456 (Cap. 456)

Cap. 456 Art. 13Personnel of the Commission. Detailing of public officers. Cap. 93. Cap. 58.

In KraftAmtlicher Text

(1) The Commission shall be administered by an

Executive Director who shall act in accordance with such policies established by the Commission and such instructions as may be given to him by the Commissioner.

(2) The Executive Director shall hold office under such terms and conditions as the Commissioner, with the concurrence of the Minister, may establish. Where the Executive Director is a public officer seconded from the Government, such person shall have the right on the termination of the secondment to revert to the former post without loss of rank or seniority.

(3) The Commission may, after consultations with the Minister and subject to the approval of such Minister as to their number, remuneration and terms and conditions of service, appoint such officers as it deems fit.

(4) The Prime Minister may, at the request of the Commission, from time to time direct that any public officers shall be detailed for duty with the Commission in such capacity and with effect from such date as may be specified in the direction.

(5) The period during which a direction as aforesaid shall apply to any officers specified therein, shall unless the officers retire from the public service, or otherwise cease to be public officers at an earlier date, and on the date specified in the direction or on the happening of any of the following events, that is to say -

(a) the acceptance by such public officers of an offer of permanent employment with the Commission; or Commission under this article, such officer shall, during the time the direction has effect in relation to him, be under the administrative authority and control of the Commission, but shall for all other intents and purposes remain and be considered and treated as a public officer and without prejudice to the generality of the aforesaid such public officer:

(a) shall not during the time while he was so detailed -\

(i) be precluded from applying for transfer to a department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by the officer at the date on which such officer was detailed for duty; or

(ii) be so employed that his remuneration and conditions of service are less favourable than those which are attached to the appointment under the Government held by such officer at the date the officer was so detailed or which would have become attached during the said period had such officer not been so detailed; and

(b) shall be entitled to have the service with the Commission considered as service with the Government for the purpose of any pension, gratuity or benefit under the Pensions Ordinance and the

Widows and Orphans’ Pension Act; and

(c) any application made under paragraph (a)(i) shall be given the same consideration as if the applicant had not been so detailed.

(7) The Commission 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 Commission during the period in which the officer was so detailed.