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PART
IV
EMPLOYMENT IN THE CORPORATION OF PUBLIC OFFICERS OF THE DEPARTMENT OF TELECOMMUNICATIONS
| 28. Notwithstanding the provisions
contained in the State Industrial Corporations Act, No. 49 of 1957, the following
provisions shall apply in relation to the employment in the Corporation of public officers
of the Department of Telecommunications-
(a) every public officer of the Department of Telecommunications not
being any such officer in a transferable service of the Government, other than an officer
in the Sri Lanka Engineering Service shall, before the transfer date, give notice in
writing to the Director of Telecommunications that such officer intends, on the transfer
date-
(i) to continue in office as a public officer of the Department; (ii) to retire from the public service and become an employee of the Corporation
if, being a pensionable officer of the Department of Telecommunications he would on that
date have had not less than ten years' pensionable service; or
(iii)to leave the public service and become an employee of the
Corporation if, being a pensionable officer of the Department of Telecommunications he
would on that date have less than ten years pensionable service; or
(iv) to leave the public service and become an employee of the
Corporation if he is a contributor to the Public Service Provident Fund established under
the Public Service Provident Fund Ordinance; or
(v) to both retire or leave the public service and not become an
employee of the Corporation;
(b) a notice given to the Director of Telecommunications before the
transfer date by a public officer of the department under paragraph (a), shall be final.
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Notice required to be given by public officers
of the Department of Telecommunications before the transfer date. |
| 29. (1) Any public officer of the
Department of Telecommunications who does not give the notice required under
sub-paragraphs (ii), (iii), (iv) or (v) of paragraph (a) of section 28 before the transfer
date, or gives such notice under sub-paragraph (i) of paragraph (a) of that section, shall
continue in office as a public officer of the Department of Telecommunications on and
after that date. (2) A public officer referred to in subsection
(1) so long as he continues in such office, shall perform the work for and on behalf of
the Corporation in his capacity as such officer and be eligible to the same conditions of
service as he was entitled to while doing work for the Department of Telecommunications in
his capacity as such officer and shall be subject to such disciplinary control as any
other public officer.
(3) Where any public officer of the Department of Telecommunications
continues in office as such officer on and after the transfer date performing work for and
on behalf of the Corporation in his capacity as such officer, the Corporation shall pay
out of the funds of the Corporation to the Deputy Secretary to the Treasury to be credited
to the Consolidated Fund, such sum not exceeding such amount as may be determined by the
Minister in charge of the subject of Finance as sufficient to cover the salary, and other
expenses including pension or provident fund contributions, payable by the Government in
respect of such officer. |
Effect of not giving notice under section
28(a) or giving notice under section 28(a) (i). |
| 30. (1) Any public officer of the
Department of Telecommunications who gives notice under sub-paragraph (ii) or (iii) or
(iv) or (v) of paragraph (a) of section 28 before the transfer date shall-
(a) where such notice is given by him under sub-paragraph (ii) of that
paragraph, become an employee of the Corporation from and after the transfer date and
shall, subject to the provisions of section 31 be eligible for such a pension under the
Minutes on Pensions as would have been awarded to him had he retired from the public
service on the ground of abolition of office on that date; or (b)
where such notice is given by him under sub-paragraph (iii) of that paragraph, become an
employee of the Corporation from and after the transfer date and shall be deemed to have
left the public service on that date and shall, subject to the provisions of section 31 be
eligible for such an award under the Minutes on Pensions as would have been awarded to him
if he had left the public service on the ground of abolition of office; or
(c) where such notice is given by him under sub-paragraph (iv) of that
paragraph, become an employee of the Corporation from and after the transfer date and
shall be deemed for the purposes of the Public Service Provident Fund to have left the
service of the Government upon the determination of a contact with the consent of the
Government otherwise than by dismissal on that date; or
(d) where such notice is given by him under sub-paragraph (v) of that
paragraph, and-
(i) if he is a public officer of the class or description referred to in
sub-paragraph (ii) of that paragraph, be deemed to have retired from the public service on
the transfer date and shall be eligible for such pension under the Minutes on Pensions as
would have been awarded to him had he retired from the public service on the ground of
abolition of office on that date;(ii) if he is a public officer
of the class or description referred to in sub-paragraph (iii) of that paragraph, be
deemed to have left the public service on the transfer date and shall be eligible for such
an award under the Minutes on Pensions as would have been awarded to him if he had left
the public service on the ground of abolition of office on that date; or
(iii)if he is a public officer of the class or description referred to
in sub-paragraph (iv) of that paragraph, be deemed for the purposes of the Public Service
Provident Fund Ordinance to have left the service of the Government upon the determination
of a contract with the consent of the Government otherwise than by dismissal on that date.
(2) In the event of any conflict or inconsistency between the provisions
of subsection (1) of this section and subsection (1) of section 29, and any other
provisions of this Act, the provisions of those subsections shall to the extent of such
conflict or inconsistency prevail over such other provisions. |
Effect of a notice given under sub-paragraphs
(ii) to (v) of paragraph (a) of section 28. |
| 31. The following provisions shall
apply to and in relation to any employee of the Corporation who became such an employee on
the transfer date by virtue of the operation of the provisions of section 30-
(a) such employee shall be employed by the Corporation on such terms and
conditions as may be agreed upon by such employee and the Corporation: Provided however, that such terms and conditions shall not be less favourable
than the terms and conditions on which such employee was previously employed in the
Department of Telecommunications;
(b) if on the transfer date, such employee was a public officer of the
Department of Telecommunications holding a post declared to be pensionable and who had
less than ten and not less than eight years' pensionable service, then-
(i) he shall be deemed, for the purposes only of the Minutes on Pensions,
to be holding the post in the Department of Telecommunications that he held on the
transfer date until such period of time as, when added to his pensionable service under
the Government, makes an aggregate of ten years pensionable service (service under the
Corporation being counted as pensionable service under the Government for the computation
of such aggregate);(ii) in respect of him the Corporation shall
pay out of the funds of the Corporation to the Deputy Secretary to the Treasury to be
credited to the Consolidated Fund for every complete month of the period of service during
which he is deemed for the purposes of the Minutes on Pensions to be holding the post in
the Department of Telecommunications that he held on the transfer date, such sum as may be
determined by the Minister in charge of the subject of Finance; and
(iii)at the end of period referred to in sub-paragraph (i) he shall be
deemed to have retired from the public service and shall be eligible for such pension
under the Minutes on Pensions as would have been awarded to him had he retired from the
public service on the ground of abolition of office on the termination of such period;
(c) notwithstanding the provisions of section 30 and the preceding
provisions of this section, and anything to the contrary in any other written law, where a
public officer of the Department of Telecommunications becomes an employee of the
Corporation by virtue of the operation of the provisions of section 30-
(i) if such officer is eligible for a pension on the transfer date or
later and elects to draw his full pension, he shall not be paid such pension during the
period of his employment with the Corporation;
(ii) if such officer is eligible for a pension and elects to draw a
gratuity in partial computation of one-fourth part of his pension in accordance with the
provisions of section 2A (1) (i) of the Minutes on Pensions-
(a) such gratuity shall not be paid to him but shall be credited to his
account in an approved provident fund of the Corporation;(b) the
remaining three-fourth part of the pension payable to him under the said Minutes shall not
be paid to him during the period of his employment with the Corporation;
(c) for the purpose of computation of the period of "ten years from
the date of his retirement" referred to in section 2A (1) (ii) of the said Minutes,
the date of his retirement shall be deemed to be the last date of his employment with the
Corporation;
(iii) if such officer is eligible for a gratuity and not a pension under
the Minutes on Pensions, such gratuity shall not be paid to him but shall be credited to
his account in an approved provident fund of the Corporation; and
(iv) if such officer is eligible for the receipt of any sum of money
under the Public Service Provident Fund Ordinance, such sum shall not be paid to him but
shall be credited to his account in an approved provident fund of the Corporation.
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Special provisions applicable to certain
employees of the Corporation. |
| 32. (1) Any person who on and after the
transfer date continues in office as a public officer of the Department of
Telecommunications performing work for and on behalf of the Corporation in his capacity as
such officer may at any time with his consent be appointed to the staff of the
Corporation. (2) Where any public officer is appointed to the
staff of the Corporation under subsection (1), the provisions of subsection (3) of section
13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to
and in relation to him. |
Special provisions applicable to certain
persons who continue as public officers in the Department of Telecommunications on and
after the transfer date while performing the work for and on behalf of the Corporation in
their capacity as such officers. |
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