Page:Report of The Inter-Governmental Committee, Malaysia.pdf/36

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1. Date of Introduction of the Scheme

(i)The Scheme shall come into operation on the date (which shall be the "operative date" of the Scheme) on which North Borneo/Sarawak becomes part of the Federation of Malaysia, or on the date on which the Public Service Commission enjoys executive powers, whichever is the earlier.

(ii) The details of this Scheme will be embodied in an Order in Council.

(iii) With effect from the operative date, entitled officers, as defined in paragraph 2 below, will be entitled to lump sum compensation which shall be calculated and paid in accordance with the provisions of this Scheme.

2. Definition of Officers Entitled to Compensation

(i) Pensionable overseas officers, who are members of Her Majesty's Overseas Civil Service or who are designated officers under the Overseas Service (North Borneo/Sarawak) Agreement, 1961, and who were either (a) selected for appointment or (b) were admitted to the pensionable establishment or (c) were transferred to the service of the North Borneo/Sarawak Government from other scheduled service, before the 1st January, 1963, shall be entitled officers and are referred to hereinafter as "entitled officers" for the purposes this Scheme.

(ii) Officers aged 55 or over, judges aged 62 or over, officers seconded or temporarily transferred to North Borneo/Sarawak from other public service and officers on leave pending retirement on the operative date (other than those who. before that date, have been called upon to retire for constitutional reasons) or who, without the agreement of the Government, have given less than six months notice of retirement under paragraph 10 below shall not be entitled officers.

(iii) Entitled officers who are borne on the establishment of the Government of North Borneo/Sarawak, who, on the operative date, are seconded for service outside North Borneo/Sarawak, will be treated in the same way as other entitled officers, and the compensation will be paid to them in accordance with paragraph 6 of this Scheme. Where an entitled seconded officer was, serving on an incremental scale at the time of his secondment, compensation will be calculated on the basis of the point on that scale which he would have reached had he not been seconded.

(iv) An officer who is serving on probation on the operative date, but who otherwise satisfies the requirements for entitlement set out in sub-paragraph (i) above, shall, subject to the provisions of paragraphs 6 (viii) and 13 (v) below, become entitled to compensation with effect from the date on which he is confirmed in his appointment and his compensation will be calculated with effect from that date. Service on probation will be "service" for the purposes of this Scheme.

3. Termination or Continuation of Service

(i) As soon as possible after the publication of this Scheme, the Government shall notify every entitled officer whether he will continue to be employed in the pensionable service of the Government and if so for what minimum period. At the conclusion of that or any further minimum period, Government shall notify every entitled officer whether he will continue to be employed in the pensionable service and if so for what further minimum period.

(ii) Every entitled officer shall as from a date not less than four months before the operative date be permitted to give by notice in writing in accordance with paragraph 10 below, notice of retirement to take effect from a date not more than four months before the operative date.

(iii) An officer who continues in pensionable service after the operative date may at any time after that date give notice of retirement in accordance with paragraph 10 below.