Second Schedule — GAMING ACT

(Article 58)

Detailing of public officers for duty with the Authority

1. (1)

The Prime Minister may, at the request of the

Authority, from time to time direct that any public officer shall be

detailed for duty with the Authority in such capacity and with effect

from such date as may be specified in the Prime Minister’s direction.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein shall, unless the officer retires

from the public service or otherwise ceases to hold office at an earlier

date, or unless a different date is specified in such direction, cease to

have effect after one year from the effective date of such direction

unless the direction is revoked earlier by the Prime Minister.

2. (1)

Where any officer is detailed for duty with the

Authority under any of the provisions of article 1 of this Schedule,

such officer shall, during the time in which such direction has effect

in relation to him, be under the administrative authority and control

of the Authority but he shall, for other intents and purposes, remain

and be considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid

(a)

shall not, during the time in respect of which he

is so detailed

(i)

be precluded from applying for a

transfer to a department of the Government in

accordance with the terms and conditions of service

attached to the appointment under the Government held

by him at a date on which he is so detailed for duty; or

(ii) be so employed that his remuneration

and conditions of service are less favourable than those

which are attached to the appointment under the

Government held by him at the date aforesaid or which

would have become attached to such appointment,

during the said period, had such officer not been detailed

for duty with the Authority; and

(b)

shall be entitled to have his service with the

Authority considered as service with the Government for the

purposes of any pension, gratuity or benefit under the Pensions

Ordinance and the Widows’ and Orphans’ Pension Act and of

any other right or privilege to which he would be entitled, and

shall be liable to any liability to which he would be liable, but

for the fact of his being detailed for duty with the Authority.

(3) Where an application is made as provided in sub-article

(2)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

in respect of the cost of pensions and gratuities earned by an officer

detailed for duty with the Authority as aforesaid during the period in

which he is so detailed.

3. (1)

The Authority may, with the approval of the

Prime Minister, offer to any officer detailed for duty with the

Authority under the provisions of article 1 of this Schedule,

permanent employment with the Authority 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.

(3) Every officer who accepts permanent employment with

the Authority offered to him under the provisions of sub-article (1)

shall, for all purposes other than those of the Pensions Ordinance and

of the Widows’ and Orphans’ Pension Act, be deemed to have ceased

to be in service with the Government and to have entered into service

with the Authority on the date of his acceptance, and for the purposes

of the said Ordinance and of the said Act, insofar as this applies in his

case, service with the Authority 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 Authority was entitled to

benefit under the Widows’ and Orphans’ Pension Act, shall continue

to be so entitled to benefit thereunder to all intents as if his service

with the Authority were service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

in respect of the cost of pensions and gratuities earned by an officer

who has accepted permanent employment with the Authority as

aforesaid during the period commencing on the date of such officer’s

acceptance.

GAMING

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