Cap. 431 Art. 12Staff appointments.

(1) The Council may, with the approval of the Minister, appoint such officers as may, from time to time, be necessary for the due and efficient discharge of the functions of the Council. The terms and conditions of employment shall be established by the Council with the approval of the Minister.

(2) The Prime Minister may, at the request of the Minister, from time to time, direct that any public officer shall be transferred for duty with the Council in such capacity and with effect from such date as may be specified in the Prime Minister’s direction: Provided that 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 date is specified in such direction, cease to have effect after one year from the effective date of such direction unless the direction is revoked earlier by the Prime Minister.

(3) Where any officer is transferred for duty with the Council such officer shall, during the time in which such direction has effect, be under the administrative authority and control of the Council but shall, for other intents and purposes, remain and be considered and treated as a public officer.

(4) Without prejudice to the generality of the foregoing, an officer transferred for duty as aforesaid -

(a) shall not during the time in respect of which the officer is so transferred -

(i) 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 under the Government held by the officer at a date on which the officer is so transferred for duty; or

(ii) be so employed such that the remuneration and conditions are less favourable than those which are attached to the appointment under the Government held by the officer at the date aforesaid or which would have become attached to such appointment, during the said period, had such officer not been transferred for duty with the Council; and

(b) shall be entitled to have the service rendered with the Council considered as service with the Government for the purpose of any pension, gratuity, or benefit under the Pensions Ordinance and under the Widows’ and Orphans’ Pensions Act and of any other right or privilege to which the officer would be entitled, and liable to any liability to which the officer would be liable, but for the fact of the officer being transferred for duty with the Council.

(5) Where an application is made as provided in subarticle (4)(a)(i), the same consideration shall be given thereto as if the applicant had not been transferred for service with the Council.