On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 19/02/1999.
PART VI
TRANSFER OF PROPERTY, LIABILITIES AND EMPLOYEES
25.
—(1) As from the appointed day, such movable and immovable property vested in the Board, or in the Government as may be determined by the Minister for Finance and used or managed by the Building Control Division of the Public Works Department and all assets, interests, rights, privileges, liabilities and obligations of the Board or of the Government relating to the Building Control Division of the Public Works Department shall be transferred to and shall vest in the Authority without further assurance, act or deed.
(2) If any question arises as to whether any particular property, or whether any particular 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.
26.
—(1) As from the appointed day, all persons employed immediately before that day by the Board and in the Building Control Division of the Public Works Department 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) 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 Board or the Government, 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 employment of the Board or the Government.
27.
—(1) The terms and conditions to be drawn up by the Authority shall take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Authority under section 26 while in the employment of the Board or the Government.
(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 Board or the Government to be service with the Authority.
(3) 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).
(4) In every case, where a person has been transferred to the service of the Authority under section 26, 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 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 schemes 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.
28. Notwithstanding the provisions of the Pensions Act (Cap. 225), no person who is transferred to the service of the Authority under section 26 shall be entitled to claim any benefit under that 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.
29. All deeds, bonds, agreements, instruments and arrangements, subsisting immediately before the appointed day to which the Board or the Government is a party and relating to the Building Control Division of the Public Works Department or to any person transferred to the service of the Authority under section 26 shall continue in force on and after that day 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 Board or the Government.
30.
—(1) Where on the appointed day any disciplinary proceedings were pending against any employee of the Board or the Government transferred to the service of the Authority, the proceedings shall be carried on and completed by the Authority; but where on that day 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 or decision had been rendered thereon, the committee shall complete the hearing or investigation and make such order, a ruling or a direction as it could have made under the authority vested in it before that day.
(2) Any order, ruling or direction made or given by a committee pursuant to this section shall be treated as an order, ruling 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.
31. 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 Board or the Government, 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 employment of the Board or the Government, as the case may be, and if this Act had not been enacted.