Page:Agreement relating to Malaysia (1963).djvu/203



and includes an officer appointed on or after the 1st January 1963 and before the operative date to an office in the public service being a pensionable office for the purposes of the appropriate law who would have been an entitled officer for the purposes of the Sarawak (Compensation and Retiring Benefits) Order in Council 1963, if his service in the public service had been service in Sarawak.

"the Federation" means the Federation to be known by the name Malaysia;

"North Borneo" means the colony of North Borneo and, in relation to any period after the end of the operative date, the State of Sabah; "judge" means a judge of the Supreme Court of Sarawak, North Borneo and Brunei and, in relation to any period after the end of the operative date, a judge of the Federal Court or of a High Court of the Federation;

"operative date" means 30th August 1963;

"overseas officer" means an officer in the public service whose terms of service on the operative date included an entitlement to a free passage from North Borneo for the purpose of leave of absence upon completion of a tour of duty;

"pensionable emoluments" means emoluments that may be taken into account in computing the pension of an officer under the appropriate law;

"pensionable service" means the aggregate amount of service that may be taken into account for the purpose of computing the pension of an officer under the appropriate law;

"public service" means the public service of North Borneo; "substantive holder" in relation to any office includes a person serving in that office on probation but does not include a person (other than a person serving under a probationary agreement) serving in that office for a specified term under a contract.


 * (2) For the purposes of the definition of "entitled officer" in sub-paragraph (1) of this paragraph, a person who was before the 1st January 1963, selected for appointment to an office in the public service being a pensionable office for the purposes of the appropriate law, but was appointed to that office on probation after the operative date, shall be deemed to have been serving in that office on probation on and since the operative date.


 * (3) For the purposes of this Schedule—
 * (a) a person shall not be regarded as holding any office on the operative date if on that date he was on leave of absence pending his retirement otherwise than under this Schedule;


 * (b) a person whose office has been abolished and who retires in consequence of the abolition of his office shall be deemed to be the substantive holder of that office during the period between the date on which the office was abolished and the date of expiration of any leave of absence granted to him;


 * (c) when an officer on probation is required to retire—


 * (i) under Article 57 of the Constitution of the State of Sabah;


 * (ii) to facilitate the introduction of constitutional changes;


 * (iii) because of the abolition of his office; or


 * (iv) on the grounds of age in accordance with the provisions of the appropriate law,