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Section 108

of Penang Port Commission Act 1955

ActIn forceProvision 151 of 153

Section 108

(1)

Any officer or servant of the Administration transferred to the service of the Commission by virtue of section 105 (in this section referred to as “a transferred person”) who immediately before the transfer held an office which was a pensionable office under the *Pensions Ordinance 1951 [Ord. 1 of 1951], shall be deemed for the purposes of the said Ordinance to continue to hold

*NOTE—The Pension Ordinance 1951 has been repealed by the Pensions Act 1980 [Act 227]–see

s. 28 of Act 227 for the provision on repeal and savings.

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that office so long as he is in the service of the Commission and shall be eligible for the grant of a pension, gratuity or retiring allowance as if his service under the Commission were service under the Government and the Government may grant a pension, gratuity or allowance in accordance with the said Ordinance.

(2)

Any transferred person who immediately before his transfer held a non-pensionable office shall be deemed for the purpose of the Pensions Ordinance 1951, to have continued to hold the office so long as he is in the service of the Commission and shall be eligible for the grant of a gratuity or retiring allowance as if his service under the Commission were service under the Government and the Government may grant a gratuity or allowance in accordance with the said Ordinance.

(3)

Where by virtue of this section the Government shall grant a pension, gratuity or retiring allowance to a transferred person, the Commission shall pay to the Government such proportion of the pension, gratuity or allowance as shall be agreed between the

Commission and the Administration or in default of agreement as may be determined by the Minister.