Cap. 511 Art. 19Employment conditions. Cap. 58. Cap. 93. Cap. 601.

(1) The Malta Libraries may, with the approval of the Prime Minister, offer to any officer detailed for duty with it under any of the provisions of article 18 permanent employment 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 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. with the Malta Libraries on the date of such acceptance and for the purposes of the said Ordinance and of the said Act, so far as applicable to that officer, service with the Malta Libraries shall be deemed to be service with the Government within the meanings thereof respectively.

(4) Every such officer as aforesaid who immediately before accepting permanent employment with the Malta Libraries 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 service with the Malta Libraries was service with the Government.

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

(6) (a) For the purposes of this article the posts and salary grades with the Malta Libraries 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 chairperson appointed by the Minister responsible for finance and two other members, one appointed by the Ministry responsible centrally for personnel policies in the public service and one appointed by the National Librarian. 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 the Government service or of employees of the Malta Libraries.

(d) No post shall be classified in a grade higher than that of 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 the provisions of article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the said Pensions Ordinance less favourable than those to which that person would have been entitled prior to such classification. effort shall be made to meet as much as possible of the expenditure required for the proper performance of its functions out of its revenues.

(2) For such purpose the National Librarian shall levy such fees, rates and other payments prescribed or deemed to be prescribed by or under this Act or any other law.

(3) The Malta Libraries shall be paid by Government out of the Consolidated Fund such sums as the House may from time to time authorise to be appropriated to meet the costs of specified works to be continued or otherwise carried out by the Malta Libraries, being works of infrastructure or a similar capital nature, or to meet any of its expenditure which it cannot meet out of its own revenue.

(4) Any revenue shall, subject to such directives as the Minister, after consultation with the Minister responsible for finance, may from time to time give, be applied to the Malta Libraries for its purposes, and without prejudice to the generality of the powers given by the Minister by this sub-article, any direction given by the Minister as aforesaid may order the transfer to the Government, or the application in such manner as may be specified in the direction, of any part of the fees rates and other payments levied in accordance with sub-article (2).

(5) The Malta Libraries shall be governed by the provisions of the Public Finance Management Act, unless otherwise stated in the

Malta Libraries performance agreement entered into by the Permanent Secretary and the Malta Libraries in terms of article 13(1)(b), in which case the provisions of the said performance agreement shall prevail.