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Section 52

Transfer of officers and servants of the administration

of Port Authorities Act 1963

ActIn forceProvision 101 of 114
Section 52
(1)

Subject to this Act, any person who immediately before the date of establishment of the Authority was an officer or servant of the

Administration and who in the opinion of the Minister is necessary to the proper operation of the port shall as from the said date become an officer or servant of the Authority, on terms and conditions of service not less favourable than those which were attached to his service immediately before that date.

(2)

Any officer or servant of the Administration who has by virtue of subsection (1) become an officer or servant of the Authority may not later than twelve months from the making of any rules under section 15 (relating to salaries, allowances and conditions of service of officers and servants) by the Authority elect in writing whether to continue in the service of the Authority or to revert to the service of the Administration; and if he elects to revert to the service of the

Administration, shall thereupon revert to the service of the

Administration on terms and conditions not less favourable than those which would have attached to his service had he not become an officer or servant of the Authority by virtue of subsection (1); and his service with the Authority shall be deemed to be service with the

Administration.

(3)

Any officer or servant who reverts to the service of the

Administration under subsection (2) may, by reason that no vacancy is immediately available for him in the service of the Administration, be required by the Administration, and the Authority shall permit him, to continue to serve with the Authority for a period not exceeding five years.

(4)

In determining whether the terms and conditions of service are or are not less favourable, as aforesaid, regard shall be had to salary or wages, conditions relating to termination of service, retirement benefits, medical attention, quarters, allowances, leave and overseas

72 Laws of Malaysia ACT 488

passages (if any) for himself and his family and any other benefits whether provided for himself or his widow or dependants.

(5)

Any question arising as to whether any terms and conditions of service are less favourable than those attached to the service mentioned in subsection (1) or (2) shall be referred to the Minister whose decision thereon shall be final.

(6)

For the purpose of subsection (2), the rules under section 15

therein mentioned shall be made as soon as possible and in any case not later than 24 months after the date of establishment of the

Authority.

Officers and servants of the Authority by virtue of subsection 52(1)

to be deemed for the purpose of pensions to continue in the service of the Administration