On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
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PART VI
TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS AND EMPLOYEES
30. As from 1st September 1989, the Planning Department, the Research and Statistics Unit and the former Authority shall cease to exist.
31.
—(1) Subject to subsection (2), as from 1st September 1989 —
(a)
all movable property vested in the Government immediately before that date for the purposes of the Planning Department and the Research and Statistics Unit, and all assets, rights or interests vested in, and all outstanding debts, liabilities and obligations incurred by, the Government in connection therewith; and
(b)
all the lands, buildings and other property movable and immovable, vested in the former Authority immediately before that date and all assets, rights and interests vested in, and all outstanding debts, liabilities and obligations incurred by, the former Authority in connection therewith,
shall be transferred to and shall vest in the Authority without further assurance.
(2) Subsection (1) shall not apply to any rights and interests vested in, and any outstanding liabilities and obligations incurred by, the former Authority immediately before 1st September 1989 in connection with all sums of moneys paid or payable by way of installments to the former Authority, or the payment of which is secured to the satisfaction of the former Authority, pursuant to section 49(3)(b) of the repealed Act.
(3) If any question arises as to whether any particular movable property vested in the Government, or whether any particular asset, right, interest, liability or obligation of the Government 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, right, interest, liability or obligation was or was not so transferred or vested.
(4) No disclosure to the Authority under this section of information collected by the Research and Statistics Unit before 1st September 1989 shall be called in question on the ground that such disclosure is contrary to section 5 of the Statistics Act (Cap. 317) or in breach of confidence.
32. All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before 1st September 1989, affecting any of the property, rights, interests, liabilities and obligations transferred to or vested in the Authority under section 31(1) shall continue in force on and after that date and shall be enforceable by or against the Authority as if, instead of the Government or the former Authority or a person acting on behalf of either the Government or the former Authority, the Authority had been named therein or had been a party thereto.
33.
—(1) Any proceedings or cause of action pending or existing immediately before 1st September 1989 by or against the Government in respect of the Planning Department or the Research and Statistics Unit, or by or against the former Authority or any person acting on its behalf, may be continued and shall be enforced by or against the Authority.
(2) Subsection (1) shall not apply to any proceedings or cause or action relating to any sums of money paid, or payable by way of instalments, to the former Authority, or the payment of which is secured to the satisfaction of the former Authority, pursuant to section 49(3)(b) of the repealed Act.
34.
—(1) As from 1st September 1989, every person who immediately before that date is employed by the Government in the Planning Department or the Research and Statistics Unit, or by the former Authority, shall be transferred to the service of the Authority on terms not less favourable than those enjoyed by him immediately prior to his transfer.
(2) Notwithstanding subsection (1), persons holding such grades in the Planning Department or the Research and Statistics Unit as the Minister may determine shall as soon as practicable be given the option of remaining in the service of the Government.
(3) Nothing in this section shall preclude the secondment to the Authority of officers in the employment of the Government on such terms as may be agreed upon by the Government and the Authority.
35.
—(1) Until such time as terms and conditions of service are drawn up by the Authority, the schemes and terms and conditions of service in the Government or the former Authority shall continue to apply to every person transferred to the service of the Authority under section 34 as if he were still in the service of the Government or the former Authority, as the case may be.
(2) 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 34 while in the employment of the Government or former Authority and any such term or condition relating to the length of service with the Authority shall provide for the recognition of service under the Government or former Authority by the person so transferred to be service by them under the Authority.
36.
—(1) Nothing in the terms and conditions 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).
(2) In every case where a person employed by the Government in the Planning Department or the Research and Statistics Unit has been transferred to the service of the Authority under section 34, the Government shall be liable to pay to the Authority such portion of any gratuity, pension or allowance payable to such person on his retirement or otherwise leaving the service of the Authority 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.
(3) Where any person in the service of the Authority whose case does not come within the scope and effect of any pension or other schemes referred to 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 may think fit, such allowance or gratuity as the Authority may determine.
(4) Where any person who is transferred to the service of the Authority under section 34 is a contributor under the Widows’ and Orphans’ Pension Act (Cap. 350), he shall for the purposes of that Act continue to make contributions under that Act as if he had not been transferred to the service of the Authority, and for the purposes of that Act his service with the Authority shall be deemed to be service with the Government.
37. Notwithstanding the provisions of the Pensions Act (Cap. 225), no person who is transferred to the service of the Authority under section 34 shall be entitled to claim any benefit under the Pensions Act on the ground that he has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Authority.
38. [Repealed by Act 11/2003 wef 01/08/2003]
39.
—(1) Where on 1st September 1989 any disciplinary proceedings were pending against any employee of the Government or the former Authority who has been transferred to the service of the Authority under section 34, the proceedings shall be carried on and completed by the Authority under and in conformity with this Act as far as practicable; but where on that date any matter was in the course of being heard or investigated or had been heard or investigated by the Government, the former Authority or a committee acting under due authority and no order or decision had been rendered thereon, the Government, the former Authority or committee shall continue to exist, notwithstanding this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision, as the case may be.
(2) For the purposes of completing a hearing or investigation before it, or making an order or rendering a decision on a matter heard or investigated before 1st September 1989, the Government, the former Authority or committee shall complete the hearing or investigation in accordance with the authority vested in the Government, the former Authority or committee immediately before that date and make such order, rule or direction as the Government, the former Authority or committee could have made under the authority vested it immediately before that date.
(3) Any order, rule or direction made or given by the Government, the former Authority or committee pursuant to this section shall be treated as an order, rule or direction of the Authority and have the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act.
40. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst he was in the employment of the Planning Department, the Research and Statistics Unit or the former Authority, 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 by the Government or the former Authority or any other person acting under its authority or direction or otherwise, as if this Act had not been enacted.