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Contents

Part V · Proceeds of Crime Management authority

110. Appointment of public officers to the Authority

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The Authority on the recommendation of the Chief Executive Officer may obtain on secondment, temporarily or contractual basis the services of any public officer or an officer or employee of a statutory body, with the consent of such public officer, officer or employee and his appointing authority. The remuneration payable to such public officer, officer or employee shall be determined by the Board.

(2)

Where any public officer is temporarily appointed to the staff of the Authority –

(a)

if, at the time of his temporary appointment to the staff of the Authority, his substantive post in the public service was a post declared to be pensionable under the Minutes of Pensions-

(i)

he shall, while in the employment of the

Authority be deemed to have been absent from duty in the public service on leave granted without salary on grounds of public policy and accordingly section 10 (1) of those Minutes shall apply to him; and

(ii)

in respect of him, the Authority shall pay out of the funds of the Authority to the Treasury to be credited to the Consolidated Fund for every complete month during which he is in the employment of the Authority, such sum not exceeding twenty-five per centum of the salary payable to him in his substantive post in the public service as may be determined by the Minister assigned the subject of Finance;

and

(b)

if, at the time of his temporary appointment to the staff of the Authority, he was a contributor to the Public Service Provident Fund established under the Public Service Provident Fund

Ordinance, his service to the Authority shall, for the purpose of that Ordinance, be deemed to be service to the Government, and accordingly he shall while he is in the employment of the

Authority, continue to pay to the Public Service

Provident Fund such contributions as he may be liable under that Ordinance to pay, and in respect of him the Authority shall pay at the close of each financial year out of the funds of the Authority to the Deputy Secretary to the Treasury to be credited to the appropriate account in the Public

Service Provident Fund a sum equivalent to such contribution as the Government is liable to pay to the Public Service Provident Fund in respect of him.

(3)

Where any public officer is permanently appointed to the staff of the Authority –

(a)

he shall be deemed to have left the public service;

(b)

if, at the time of his permanent appointment to the staff of the Authority, his substantive post in the public service was a post declared to be pensionable under the Minutes on Pensions-

(i)

he shall be eligible for such an award under those Minutes as might have been made to him if he had been retired from the public service on the date of his permanent appointment to the staff of the Authority;

(ii)

the amount of any such award made under those Minutes shall not be paid to him unless his employment in the staff of the Authority is terminated by retirement on account of age or ill health or by the abolition of the post held by him in such staff or on any other ground approved by the Minister assigned the subject of Public Administration; and

(iii)

in the event of his death while in employment of the Authority, such an award as might have been made in respect of him under those

Minutes if he had died immediately before his permanent appointment to the staff of the

Authority may be made in respect of him;

and

(c)

if, at the time of his permanent appointment to the staff of the Authority he was a contributor to the

Public

Service

Provident

Fund established by the Public Service Provident

Fund Ordinance, he shall for the purpose of that

Ordinance, be deemed to have left the service of the Government upon the determination of his contract with the consent of the Government otherwise than by dismissal.

(4)

Where the Authority employs any person who has entered into a contract with the government by which he has agreed to serve the government for a specified period, any period of service to the Authority by that person shall be regarded as service to the government for the purpose of discharging the obligations under such contract.

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

Part VII

Civil Remedy For Victims Of Crime

Part VIII

Disposal Of Forfeited Proceeds Of Crime And The Utilization Of The Value Derived Thereof

Part IX

Victims Of Crime Reparation Trust Fund

Part X

International Cooperation

Part XI

Miscellaneous Provisions

Schedules