On 18/05/2013,
you requested for the version in force on 18/05/2013
incorporating all amendments published on or before 18/05/2013.
The closest version currently available is that of 01/04/2013.
PART VI
TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
22.
—(1) As from 1st April 2004 —
(a)
such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by the Registry of Companies and Businesses and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the Registry of Companies and Businesses; and
(b)
such movable and immovable property vested in the Public Accountants Board and all assets, interests, rights, privileges, liabilities and obligations of the Public Accountants Board,
shall, without further assurance, act or deed, be transferred to and shall vest in the Authority.
(2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.
(3) Any immovable property to be transferred to and vested in the Authority under subsection (1) shall be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine.
23.
—(1) As from 1st April 2004 —
(a)
such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government in the Registry of Companies and Businesses; and
(b)
every person employed immediately before that date by the Public Accountants Board,
shall be transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer.
(2) If any question arises as to whether any person or any category of persons has been transferred to the service of the Authority under subsection (1), a certificate under the hand of the Minister shall be conclusive evidence that the person or category of persons was or was not so transferred.
(3) Until such time as terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of service in the Government or in the Public Accountants Board, as the case may be, shall continue to apply to every person transferred to the service of the Authority under subsection (1) as if he were still in the service of the Government or the Public Accountants Board, as the case may be.
(4) Notwithstanding the provisions of the Pensions Act (Cap. 225), no person who is transferred to the service of the Authority under this section shall be entitled to claim any benefit under that Act on the ground that he has been retired from the public service on account of abolition or reorganisation of office in consequence of the establishment of the Authority.
24.
—(1) The terms and conditions to be drawn up by the Authority shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Authority under section 23 while in the employment of the Government or the Public Accountants Board, as the case may be.
(2) Any term or condition relating to the length of service with the Authority shall recognise the length of service of the persons so transferred while in the employment of the Government or the Public Accountants Board, as the case may be, to be service with the Authority.
(3) Nothing in the terms and conditions of service to be drawn up by the Authority shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act (Cap. 225).
(4) Where a person has been transferred to the service of the Authority under section 23, the Government shall be liable to pay to the Authority such portion of any pension, gratuity or allowance payable to the person on his retirement as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under both the Government and the Authority.
(5) Where any person in the service of the Authority, whose case does not fall within the scope of any pension or other scheme established under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or to such other person or persons wholly or partly dependent on him, as the Authority thinks fit, such allowance or gratuity as the Authority may determine.
25.
—(1) All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1st April 2004 to which the Government is a party and relating to the Registry of Companies and Businesses or to any person transferred to the service of the Authority under section 23(1)(a) shall continue in force on and after that date and shall be enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the Government.
(2) All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1st April 2004 to which the Public Accountants Board is a party shall continue in force on and after that date and shall be enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the Public Accountants Board.
26.
—(1) Any proceedings or cause of action pending or existing immediately before 1st April 2004 by or against the Government or any person acting on its behalf in respect of the Registry of Companies and Businesses may be continued, completed and enforced by or against the Authority.
(2) Any proceedings or cause of action pending or existing immediately before 1st April 2004 by or against the Public Accountants Board or any person acting on its behalf may be continued, completed and enforced by or against the Authority.
27.
—(1) Where, on 1st April 2004, any disciplinary proceedings were pending against any employee of the Government or the Public Accountants Board, as the case may be, transferred to the service of the Authority under section 23, the proceedings shall be carried on and completed by the Authority.
(2) Where, on 1st April 2004, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made thereon, the committee shall complete the hearing or investigation and shall make such order, ruling or direction as it could have made under the authority vested in it before that date.
(3) Any order, ruling or direction made by a committee under this section shall be treated as an order, a ruling or a direction of the Authority and have the same force or effect as if it had been made by the Authority pursuant to the authority vested in the Authority under this Act.
28. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst he was in the service of the Government or the Public Accountants Board, as the case may be, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he had continued to be in the service of the Government or the Public Accountants Board, as the case may be, and if this Act had not been enacted.