Cap. 511 Art. 18Detailingforduties of public officers. Cap. 93. Cap. 58. Cap. 93. Cap. 58.

(1) The Principal Permanent Secretary, following the direction of the Prime Minister may, from time to time, direct that any public officer shall be detailed for duty with the Malta Libraries and its libraries in such capacity and under such conditions and with effect from such date as he may prescribe.

(2) The Principal Permanent Secretary, following the direction of the Prime Minister, may at any time revoke any such direction given under sub-article (1).

(3) The period during which a direction under sub-article (1) 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, be such as may be specified in the direction, unless the direction is revoked earlier in accordance with sub-article (2).

(4) Where any officer is detailed for duty with the Malta Libraries in accordance with this article, such officer shall during the time in which such direction has effect in relation to him, be under the administrative authority and control of the Malta Libraries 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 in respect of which he is so detailed -

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

(b) shall be entitled to have the service with the Malta Libraries considered as service with the Government for the purpose 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 that public officer 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 Malta Libraries: Provided that in assessing the pensionable emoluments of such officer for the purposes of any pension entitlement under the Pensions Ordinance and the

Widows’ and Orphans’ Pensions Act, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the Malta Libraries in excess of what he is entitled to as a public officer: Provided further that during the time in respect of which he is so detailed to perform duties with the Malta Libraries his terms and conditions of service shall not be less favourable than those which are attached to his appointment with the Government during the period aforesaid. Such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits.

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

(7) The Malta Libraries shall pay to the Government, where applicable, 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 Malta Libraries as aforesaid during the period in which such officer is so detailed.