1791
Regula-
tions.
Pensions,
etc., to be charged on
revenue and assets of the Colony,
Pensions, etc. not of right.
Certificate of conduct.
Withholding
2
(ii) in respect of other public service, emoluments which count for pension in accordance with the law or regulations in force in such service.
(d) "Public service" neans service in a civil capacity under the Government of this Colony or the Government of Great Britain and Northern Ireland, or the Government of India or of any British Dominion, Colony or Protectorate or a territory under a British Mandate, or under the Board of Education for England and Wales, or the Crown Agents for the Colonies, or the Colonial Audit Department (Home Establishment), or the Kenya and Uganda Railways and Harbour Administration, and any such other service as the Secretary of State may determine to be "public service" for the purpose of any provision of this Ordinance or of the regulations made thereunder.
Service as a Governor or High ('ommissioner of a British Dominion, Colony or Protectorate, or a territory under a British Mandate, or as a Governor in India shall be deemed to be public service except for the purposes of computation of pension or gratuity and of section 11 of this Ordinance;
(e) "Other public service" means public service not under the Government of this Colony.
3.(1) It shall be lawful for the Governor in Council with the sanction of the Secretary of State to make regula- tions for the granting of pensions, gratuities and other allowances to persons who have been in the public service of this Colony.
(2) Every such regulation shall be laid before the Legislative Council and shall be published in the Gazette,
4. There shall be charged on and paid out of the General revenue and assets of the Colony all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance under this Ordinance.
5.--(1) No officer shall have an absolute right to com- pensation for past services or to any pension, gratuity or other allowance under this Ordinance, nor shall anything in this Ordinance contained limit the right of the Crown or the Government to dismiss any officer without compensation.
(2) No officer shall be granted a pension, gratuity or other allowance without a certificate to the effect that he has discharged the duties of his office with such diligence and fidelity as to justify the grant to him of such pension, gratuity or other allowance. The certificate shall be given by the Governor in the case of the Colonial Secretary or a judge, by the Colonial Secretary in the case of any other head of a department, and by the head of the officer's department in other cases.
(3) Where it is established to the satisfaction of the or reduction Governor in Council that an officer has been guilty of negligence, irregularity or misconduct, the pension, gratuity
of pension, etc.
Service not qualifying
or other allowance may be reduced or altogether withheld.
6. No pension, gratuity or other allowance shall be
for pension, granted under this Ordinance to any officer—
etc.
(a) in respect of any service in any of the following capacities, namely, Private Secretary or Aide-de-Camp to the Governor, Private Secretary or clerk to a judge, unless in the permanent public service of this Colony, apprentice in a public department, volunteer, normal student, student in training or pupil teacher, or
(b) in respect of any service while on probation or agreement, unless without break of service he is confirmed in a pensionable office in this Colony or in an office in other public service which is at the time of confirmation pension- able under the law or regulations in force relating to such service, or
(c) if he held a pensionable office in the service on the 1st day of January, 1894, in respect of any service while under the age of sixteen years, or
(d) if he did not hold such pensionable office on the 1st day of January, 1894, in respect of any service while under the age of eighteen years.
to members
7. Except as expressly provided in the Police Force No pen- Ordinance, 1900, as amended by the Police Force Amend- sion, etc., ment Ordinances, 1929 and 1930 and by section 21 of this of the Ordinance, no pension, gratuity or other allowance shall be Police granted under this Ordinance to any member of the Police under this Force or member of the civilian staff referred to in the said Ordinance.
Force, etc.,
Ordinance.
8. No pension, gratuity or other allowance shall be Cases in granted under this Ordinance to any officer who has retired which from the public service of this Colony, other than a etc., may Governor, unless he has retired-
(a) on or after attaining the age of fifty-five years, or in the case of transfer to other public service, on or after attaining the age at which an officer is permitted by the law or regulations in force relating to the service in which he is last employed to retire on pension, gratuity or other allowance; or
(b) with the consent of the Governor on or after attaining the age of fifty years; or
(e) on or after attaining the age of fifty years, with not less than fifteen years service in this Colony, if he be an Indian subordinate officer of the Prison Department, lady medical officer, lady serving in the Education Department, European attendant at a Government mental hospital, or nurse (other than a European matron or European nursing sister referred to in paragraph (d) of this section) in a Government Hospital; or
(d) on attaining the age of fifty years, if she be a European matron or European nursing sister, of a Govern- ment Hospital, who has been in the service of this Colony for a period of ten years, or, on attaining any less age if she has been in such service for a period of twenty years; or
(e) on a certificate from the head of his department and from three Government medical officers that he is incapable, by reason of some infirmity of mind or body, of discharging the duties of his office and that such infirmity is Jikely to be permanent :
pension,
be granted.