Cap. 419 Art. 4Detailing of public officers for duty withAuthority. Cap. 93. Cap. 58. Offerofpermanent employment with theAuthority to public officers detailed for duty with theAuthority.
(1) The Prime Minister may, at the request of the
Authority, from time to time direct 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 direction.
(2) 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 a different date is specified in the direction, end on the happening of any of the following events, that is to say -
(a) the acceptance by such officer of an offer of transfer to the service of, and permanent employment with the Authority made in pursuance of subarticle (8); or
(b) the revocation by the Prime Minister of any direction made by him under this article in relation to such officer.
(3) Where a direction as aforesaid is revoked by the Prime Minister in relation to any officer, the Prime Minister may, by further direction, detail such officer for duty with the Authority in such capacity and with effect from such date as may be specified in the further direction, and the provisions of subarticle (2) shall thereupon apply to the period of duration of such further direction in relation to such officer.
(4) When a public officer is detailed for duty with the Authority under any of the provisions of 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 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, a public officer detailed for duty as aforesaid -
(a) shall not during the time while such officer is so detailed -
(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 him at the date on which he 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 him at the date he was detailed for duty as aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for duty with the Pensions Ordinance and the Widows’ and Orphans’
Pension Act, and of any other right of privilege to which he would be entitled, and shall be liable to any liability to which he would be liable, but for the fact that he is detailed for duty with the Authority.
(6) Where an application is made as provided in subarticle (5)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for duty 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 for duty 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 public officer detailed for duty with the
Authority under subarticle (2) permanent employment with the
Authority at a remuneration and on terms and conditions specified in the offer.
(9) Every officer who accepts permanent employment with the Authority offered to him under this article shall, for all purposes be deemed to have ceased to be in the service of the Government and to have entered into service with the Authority on the date of his acceptance.
(10) 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 to all intents as if his service with the Authority were service with the Government.
(11) (a) Posts and salary grades with the Authority shall be classified in the most nearly corresponding grades and incremental levels in the service under the Government of Malta by reference to job description, skills, responsibilities and other analogous factors.
(b) The classification referred to in paragraph (a) shall be carried out by a board composed of a chairman appointed by the Minister responsible for finance and two other members, one appointed by the Minister responsible centrally far personnel policies in the public service and one appointed by the Authority. The classification shall be subject to the final approval of the Minister responsible for finance.
(c) 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.
(d) No post shall be classified in a grade higher than that 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.