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Section 281 - Transfer for Existing Personnel in Government of India Act, 1935 [Repealed]

snapp 281 GOIA[ 1935 0 Notes

Transfer for Existing Personnel.

[281 Transfer forexisting personnel

(1)All persons who immediately before the commencement of Part III of this Act wereofficers or servants on the permanent establishment of the Secretary of State inCouncil shall on that date be transferred to the department of the Secretary ofState and shall be deemed to be permanent Civil Srvants of the State.

(2)Subject as hereinafter provided, the provisions of the Superannua-tion Acts,1834 to 1935, and of any orders, rules and regulations made thereunder shallapply in relation to a person so transferred as aforesaid asthey apply in relation to a person entering the Civil Service with acertificate from the Civil Service Commissioners, and for the purposes of poseActs, orders, rules and regulations his service shall be reckoned as if serviceon the permanent establishment of, and employment by, the Secretary of Statein Council had at all times been service or employment in a public departmentthe expenses whereof were wholly defrayed out of moneys provided by Parliament.

Providedthat neither the Superanuation Act, 1909 nor section four of the SuperannuationAct, 1935 shall apply in relation to any person so transferred unless that Act,or, as the case may be, that section (as appli- cable to persons on thepermanent establishment of the Secretarv of State an Council) would have appliedin relation to him if this Act had not been passed.

(3)His Majesty may bv Order in Council direct that in their appli-cation to anyperson so transferred the said Acts, orders, rules and regulations shall haveeffect subject to any such modifications as may appear to His Majesty to benecessary for securing that the case ofany such person shall foot be dealt with if this Act had not been passedand he had continued to serve on the establishment of the Secretary of State inCouncil.

(4)All persons who, not being on the permanent,establishment of the Secretary of State in Council, were immediatelybefore the commence-ment of Part III of this Act officers or servants employedin the United Kingdom by the Secretary of State in Council shall on that date hetransferred to the department of the Secretarv of State and, for the purposesof pe Superannuation Acts, 1834 to 1935. and the orders, rules and regulationsmade thereunder, employment by the Secretary of State in Council shall betreated as if it had been emplovment by the Secretary of State.

(5)If the conditions of service of any person to whom the last pre-ordingsub-section applies included a condition as to eligibility for a central (sic)

Anysuch commutation shall be made upon such conditions as His Majesty in Councilmay direct, not being more favourable than the con- ditions which would haveapplied to the person in question if he had retired from the establishment ofthe Secretary of State in Council.

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