Section 16: Transfer of existing civil servants to the Council

16. Transfer of existing civil servants to the Council.___(1) Notwithstanding anything, contained in any law, contract or agreement or in the conditions of service, every civil servant employed in the Attached Department portion of the Directorate-General of the Pakistan Agricultural Research Council and serving in or under the Council immediately before the commencement of this Ordinance, including persons on deputation to other organizations or abroad, shall, save as hereinafter provide, cease to be a civil servant and stand transferred to, and become an employee of, the Council 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 commencement of this Ordinance, until his employment in the Council is terminated in accordance with his conditions of service or his terms and-conditions are altered by regulations, which shall not be less favourable than those by which he was governed immediately before his transfer to the Council. (2) Any person referred to in sub-section (1) who is on deputation with the Attached Department portion of the Directorate-General of the Pakistan Agricultural Research Council shall continue in the employment of the Council on deputation in accordance with the terms of his deputation. (3) Any person referred to in sub-section (1) may, within three months from the commencement of this Ordinance, opt not to be transferred to the service of the Council and the option so exercised shall be final. (4) An employee who opts under sub-section (3) not to be transferred to the service of th e Council may, as far as possible, be provided a suitable posting elsewhere by the Federal Govern- ment. (5) If an employee does not accept the appointment offered to him under sub-section (4), within the time allowed to him, or if it is not possible for the Federal Government to provide a suitable posting to him under that sub-section, his service shall stand terminated on the date on which he declines the offer or the time allowed to him expires or, as the case may be, on which the Federal Government informs him that it is not possible to provide a suitable posting to him, 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. (6) The termination of service of an employee under sub-section (5) shall be deemed to be discharge from service owing to abolition of a permanent post for the purpose of admissibility of compensation pension. (7) The Federal Government shall pay pension charges and gratuity in respect of, and provident fund accumulations of, each employee transferred to the Council under sub-section (1), in such manner and to such extent as may be prescribed by rules. (8) No person referred to in sub-section (1) who stands transferred to the Council shall, notwithstanding anything contained in any law for the time being in force, be entitled to any compensation because of his transfer. CHAPTER VI FINANCE

Effective date: 1981-01-01

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