سينيا
PUBLIC RECORD OFFICE
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c. 75. (amended by 54 Geo. 3. c. 61.); but care must be taken that the officer is heard after · being apprised of the charge against him, and it will be convenient that the course prescribed in case of suspension should be pursued in any proceedings for removal.
94. Against any such removal an appeal lies to Her Majesty in Council, which should be prosecuted like any other appeal.
95. Officers not appointed by commission or warrant may, unless their salary exceeds 100%. a year, be dismissed by the Governor without the forms above prescribed, provided always that the grounds of dismissal are definitely stated and investigated with the aid of the head of the department (if any), and are com- municated to the person inculpated, in order that he may be able to defend himself. Such dismissals will not require the confirmation of the Secretary of State, but any memorial from the dismissed officer must be forwarded with a short statement of the grounds of dis- missal.
96. The report of the suspension, dismissal, or the provisional supersession of a public ser- vant should be accompanied with the return required in the case of a vacancy which is inserted in the Appendix. (See Circular of
29th August 1873, as to granting an allowance to an officer pending decision of Secretary of State in respect of his suspension, and Circular of 26th April 1876, as to mode of proceeding in cases of suspension.)
§ III. Pensions and Retiring Allowances, 97. In the absence of any local law each ap- plication for a pension or retiring allowance as
it presents itself, must be specially considered and treated on its own merits. Except in the case of officers appointed prior to 5th August 1829, the amount of pension to be granted, if any, will be generally regulated by the prin- ciples of the British Superannuation Acts, 4 & 5 Wm. 4. c. 24. and 22 Vict. c. 26. But it must be clearly understood that the maxi- inum rate of pension established by the Acts is not always awarded, particularly when public employment is combined with the practice of a private profession.
98. Whenever a Governor may have occa- sion to bring under the consideration of Hv
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jesty's Government the application of any cer for a retiring allowance, on quitting the blic service, he is required to furnish certain ticulars in each case, according to the form erted in the Appendix. An Extract of the easury Minute, and of a Report of Super- nuation Committee, respecting the grant of iring allowances to those whose entered the vice prior to 5th August 1849, to those o entered it after that date, to professional cera, and in regard to pensions granted on olition of office, are printed at page 227-30. 99. In case of public officers receiving sala- s not exceeding 1201, per annum, the Gover- r, subject to revision by the Home Govern- but, may decide on the amount of retiring owance to be granted, in accordance with general rules relating to pensions. In some ses of short service, the amount that can be arded under the new scale prescribed by the et 22 Vict. c. 26. may be less than the ount to which the officer is entitled under
e Act 4 & 5 Wm. 4. c. 24. For instance, an
icer of 10 years' service might claim:-
Ciler 5 Wm. 4. c. 24 1—
Service -
Salary (say)
3-19ths
って
10 years.
451.
117. 5.
1-3th deduction 41, 58.
A pension of
Under 22 Vict. e. 26 he would
receive :-
Service
10 years. Salary
91. A pension of 10-60ths 77. 10.
In such a case the higher amount may be warded under the provision of the third clause the Act 22 Vict. c. 26. to officers whose
ght began to accrue before the passing of is Act.
100. Pensions to colonial officers retiring on
to ground of ill-health are subject as a general
le to this condition, that should the officer's ealth be re-established, he is bound to accept lieu of his pension any office, not inferior in
lue to that from which he retired, which the ecretary of State may think
proper to confer him, due regard being had to circumstances climate.
101. Previously to making any payment in colony in respect of a pension, the Treasurer,
other
proper
officer, will take care to inform imself whether any condition may have been ttached to it, with reference to the employ- ent, residence, or otherwise, of the claimant. such condition shall exist, the Treasurer will ave to produce as a voucher, in support of his ccount, a sufficient certificate or other proof bat it has been complied with, and must with- old the payment of the pension until such ocument shall be furnished.
102. If an officer shall in any case retire on pension, during a leave of absence, not ob- ained with a view to retirement, or within six months after resumption of duty, the term of ervice on which his pension is calculated will e subject to such deduction, not exceeding the
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Reference :-
CO. 885
4 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-