Cap. 640 Art. 36Appointment and functions of the officers and employees of the Authority. Detailing of public officers to perform duties with the Authority. Status of public officers detailed to perform duties with the Authority.    Cap. 93.  Cap. 58.     Cap. 93. Cap. 58.    Cap. 58.

(1) The Authority shall appoint and employ, at such remuneration and upon such terms and conditions 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.

(2) The Prime Minister may, at the request of the Authority, from time to time order 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 order.

(3) The period during which an order 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 date is specified in such order, cease to have effect after one (1) year from the effective date of such order unless the order is revoked earlier by the Prime Minister.

(4) Where an officer is detailed for duty with the Authority, such officer shall, during the time in which such order has effect in relation to him, be under the administrative authority and control of the Authority but he shall for other intents and purposes remain and be considered and treated as a public officer.

(5) Without prejudice to the generality of the foregoing, an officer detailed to perform duties as aforesaid:

(a) shall not during the time in respect of which he is so detailed:

(i) be precluded from applying for a transfer to any department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by him at a date on which he is so 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 him at 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

(b) shall have the right 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 of any other right or privilege to which he would be entitled, and liable to any liability to which he would be liable, but for the fact of his being detailed for duty with the Authority.

(6) Where an application is made as provided for in sub-article (5)(a)(i) the same consideration shall be given thereto as if the applicant had not been detailed for service with the Authority.

(7) 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 to perform duties with the Authority as aforesaid during the period in which he is so detailed.

(8) The Authority may, with the approval of the Prime Minister, offer to any officer detailed for duty with the Authority under any of the provisions of this Act permanent employment with the Authority at a remuneration and on terms and conditions not less favourable than those enjoyed by such officer at the date of such offer.

(9) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because they are not in all respects identical with or superior to those enjoyed by the officer concerned at 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.

(10) Every officer who accepts permanent employment with the

Authority offered to him, under the provisions of sub-article (8), 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.

(11) 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 and for all intents as if his service with the Authority were service with the Government.

(12) 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 performance of employment with the Authority as aforesaid during the period commencing on the date of such officer’s acceptance.

(13) The officers and employees of the Authority shall not have any direct or indirect interest in any contract made or proposed to be made by the Authority, or in any enterprise which has or proposes to have any business relations with the Authority.

(14) Employees who, on the date of coming into force of this Act are performing duties with the Social Care Standards Authority and who wish to be deployed with the Authority shall be regarded as employees of the Authority under the same terms and conditions prevailing at the date of coming into force of this Act.