Sri Lanka Consolidated Acts

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Civil Aviation Authority of Sri Lanka Act (No. 34 of 2002) - Sect 20

Public officers in the Department of Civil Aviation to be employed by the Authority

20.
(1) The Authority may employ any public officer who is in the service of the Department of Civil Aviation (in this section referred to as the "Department") and who seeks employment with the Authority and the provisions of this section shall apply in respect of such employment.
(2) Every public officer who is serving in the Department who is appointed to the Authority under subsection (1) and who has not less than ten years pensionable service on the last date of his service in the Department shall be deemed to have retired from the public service on that date, and shall be eligible for such a pension under the Minutes on Pensions, as would have been awarded to him had he retired on the ground of abolition of office on that date.
(3) Where a public officer has less than ten years pensionable service and is appointed to the Authority under subsection (1), he shall be deemed to have retired from the public service on the last date of his service in the Department, and he shall be eligible for such a gratuity as would have been awarded to him under the Minutes on pensions had be retired on the ground of abolition of office on that date.
(4)
(a) Notwithstanding the provisions of subsection (3), where any public officer is appointed to the staff of the Authority under that subsection and serves the Authority for a period of not less than the relevant period of service, his or her service in the Authority for the relevant period of service shall, for the purposes of the Minutes on pension be deemed to be pensionable service under the Government.
(b) A person to whom this subsection applies shall at the end of the relevant period of service, be eligible to the award of a pension of such amount as is equal to the pension that would have been awarded to him had he retired from public service on the ground of abolition of office at the end of the relevant period of service.
(c) on the purposes of this subsection "relevant period of service" means the period which a person would have to service in the public service to complete ten years pensionable service in the public service had he remained in the public service after the date of his appointment to the staff of the Authority.
(5) Notwithstanding the preceding provisions of this section and anything to the country in any other written law, where a public officer of the Department becomes an employee of the Authority under this section-
(a) if such officer is eligible for a pension be shall not be paid such pension during the period of his employment with the Authority ;
(b) if such officer is eligible for a gratuity under the provisions of section 2A (1) (i) of the Minutes on pensions, such gratuity shall not be paid to him during the period of his employment with the Authority but shall be credited on the first day of his employment in the Authority or the date on which he becomes eligible to a pension, as the case may be, to his account in a welfare and social security scheme established under paragraph (d) of subsection (2) of section 18 of this Act and in the event of such amount not being credited to the account on such day or date interest on such amount at the rate of ten per centum per annum from the first day of the employment in the Authority or from the date on which he becomes eligible to a pension, as the case may be to the date of crediting such amount in such account, shall be added to such amount when it is credited to such account :
(c) if such officer is eligible for the receipt of any sum of money under the Public Service Provident Fund Ordinance, such sum shall not be paid to him but shall be credited to his account in an approved fund of the Authority.
(6) Notwithstanding the provisions of subsection (3) of this section, a person referred to therein in the event of becoming eligible to the payment of a pension, shall not be entitled to the payment of a gratuity under that subsection.


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