Cap. 542 Art. 18Offerof permanent employment with the Council to public officers detailed for duty with the Council. Cap. 93. Cap. 58. Cap. 58. Cap. 93. Cap. 93.

(1) The Council may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Council under any of the provisions of articles 15 to 17 permanent employment with the Council at a remuneration and on terms and conditions not less favourable than those enjoyed by such officer at the date of such offer.

(2) 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 public 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.

(3) Every public officer who accepts permanent employment with the Council offered to him under the provisions of sub-article

(1) shall, for all purposes other than those of the Pensions

Ordinance and of the Widows’ and Orphans’ Pensions Act and, saving the provisions of sub-article (6), be deemed to have ceased to be in the service of the Government and to have entered into service with the Council 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 Council shall be deemed to be service with the Government within the meanings thereof respectively.

(4) Every such public officer as aforesaid who, immediately before accepting permanent employment with the Council, 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 Council were service with the Government.

(5) The Council 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 a public officer who has accepted permanent employment with the Council as aforesaid during the period commencing on the date of such public officer’s acceptance.

(6) (a) For the purpose of the Pensions Ordinance, the pensionable emoluments of such public officer on retirement shall be deemed to be the pensionable emoluments payable to a public officer in Government service in a grade and at an incremental level corresponding to the post and incremental level at which the public officer retires from the Council.

(b) The classification referred to in paragraph (a) shall be carried out by a board composed of a Chairperson appointed by the Minister responsible for finance and two other members, one appointed by the Minister responsible centrally for personnel policies in the public service and one appointed by the Council. 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 Council.

(d) No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade that the Minister responsible for finance may from time to time by notice in the Gazette determine.

(e) Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the Pensions Ordinance less favourable than those to which he would have been entitled prior to such classification.