Schedule 4

FOURTH SCHEDULESection 21Provisions Relating to Transfer of Employees

1. Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the Government shall continue to apply to every person transferred to the service of the Board under section 21 as if he were still in the service of the Government.

2. The terms and conditions to be drawn up by the Board 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 Board under section 21 while in the employment of the Government and any term or condition relating to the length of service with the Board shall provide for the recognition of service under the Government by the persons so transferred to be service by them under the Board.

3. Nothing in the terms and conditions to be drawn up by the Board shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Board 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 Board under section 21, the Government shall be liable to pay to the Board such portion of any gratuity, pension or allowance payable to that 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 Board.

5. Where any person in the service of the Board whose case does not come within the scope of any pension or other schemes established under this Schedule retires or dies in the service of the Board or is discharged from such service, the Board may grant to him or to such other person or persons wholly or partly dependent on him, as the Board thinks fit, such allowance or gratuity as the Board may determine.

6. Notwithstanding the provisions of the Pensions Act [Cap. 225], no person who is transferred to the service of the Board under section 21 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 re-organisation of office in consequence of his transfer to the service of the Board.

7. Where on the appointed day, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Board under section 21, the proceedings shall be carried on and completed by the Board; 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, ruling or direction as it could have made under the authority vested in it before that day.

8. Any order, ruling or direction made or given by a committee pursuant to paragraph 7 shall be treated as an order, a ruling or a direction of the Board and have the same force or effect as if it had been made or given by the Board pursuant to the authority vested in the Board under this Act.

9. The Board 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 Parks and Recreation Department, been guilty of any misconduct or neglect of duty which would have rendered him liable to be so reprimanded, reduced in rank, retired, dismissed or punished if he had continued to be in the employment of the Government, and as if this Act had not been enacted.