Schedule 3

THIRD SCHEDULESection 21Provisions relating to Transfer of Employees

1. The terms and conditions to be drawn up by the Board must 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 must provide for the recognition of service under the Government by the persons so transferred to be service by them under the Board.

2. Nothing in the terms and conditions to be drawn up by the Board is to 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 1956.

3. In every case where a person has been transferred to the service of the Board under section 21, the Government is liable to pay to the Board such portion of any gratuity, pension or allowance payable to that person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Board.

4. 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 that service, the Board may grant to him or her or to such other person or persons wholly or partly dependent on him or her, as the Board thinks fit, such allowance or gratuity as the Board may determine.

5. Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Board under section 21 is entitled to claim any benefit under that Act on the ground that he or she has been retired from the service of the Government on account of abolition or re‑organisation of office in consequence of his or her transfer to the service of the Board.