Section 4: Transfer of existing civil servants of the Centre to the Authority

4. Transfer of existing civil servants of the Centre to the Authority.— (1) Notwithstanding anything contained in any law or in the conditions of service, every civil servant employed in or under the Centre immediately before the appointed day, including persons on deputation to other organizations or abroad, shall, save as hereinafter provided, ceases to be a civil servant and stand transferred to and become an employee of, the Authority on the same terms and conditions, including remuneration, tenure of service, rights and privileges as to pension and gratuity and other matters, as were applicable to him immediately before the appointed day, until his employment in the Authority is terminated in accordance with his conditions of service or his terms and conditions are altered by regulations, which shall not be less favorable than those by which he was governed immediately before his transfer to the Authority. (2) Any person referred to in subsection (1) who is on deputation with the Centre shall continue in the employment of the Authority on deputation in accordance with the terms of his deputation: Provided that, if, within three months from the commencement of this Ordinance, he opts to be transferred to the service of the Authority on the terms and conditions referred to in subsection (1), he shall stand so transferred and cease to be a civil servant. (3) Any person referred to in subsection (1) may, within three months from the commencement of this ordinance, opt to be transferred to the service of the authority and the option so exercised shall be final. (4) The services of an employee who opts under subsection (3) not to be transferred to the Authority shall stand terminated on the date on which his option is accepted by the Federal Government and he shall be entitled to be paid by the Federal Government compensation equivalent to three months’ remuneration Explanation.—The compensation payable to an employee under this sub-section shall be in addition to and not in derogation of his rights as to pension, gratuity, provident fund money or other benefits to which he may be entitled under his conditions of service. (5) The termination of service of an employee under sub-section (4) shall be deemed to be discharge from service owing to abolition of a permanent post for the purpose of admissibility of compensation pension. (6) No person referred to in sub-section (1) who stand transferred to the Authority shall, notwithstanding anything contained in any law for the time being in force, be entitled to any compensation because of his transfer.

Effective date: 1983-01-01

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