Cap. 563 Art. 35Offerofpermanent employment with theAuthority to public officers or public employees detailed for duty with theAuthority. Cap. 93. Cap. 58. Cap. 58. Cap. 93. Cap. 93.

(1) The Board may, with the approval of the Prime

Minister, offer permanent employment with the Authority to any officer or employee detailed for duty with the Authority under any of the provisions of article 33 at remuneration and on terms and conditions as set out by the Authority.

(2) Every officer or 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, and saving the provisions of article 49, 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 officer or 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 to all intents as if his service with the Authority were service with and gratuities earned by an officer or employee who has accepted permanent employment with the Authority as aforesaid during the period commencing on the date of such officer’s or employee’s acceptance.

(5) In the case of a public officer or public employee detailed for duty with the Authority with effect from the date established under the proviso to article 33(2) 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 an officer or employee 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 or 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 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 Ministry responsible for the Authority. The classification shall be subject to the final approval of the Minister responsible for finance.

(b) 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.

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