1949-HKRS29-8-16_Part04 — Page 12

and recom-

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Ordinance the first day of January, 1947, and the provisions thereof shall putation of except as otherwise provided apply to all officers in the service of benefits. the Colony on or after the said date: Provided that no pension or gratuity shall be grantable under this Ordinance in respect of service by an officer terminating between the first day of January, 1947, and the enactment of this Ordinance when no pension er gratuity would have been grantable, if this Ordinance had effect on the date of enactment, by reason of the age at which such officer left the service of the Colony.

Ordinance

No. 21 of 1932.

(2) Any pension, gratuity or other allowance granted under the provisions of an Ordinance or regulation repealed by section at other than Pension Regulations C made under the Pensions Ordinance, 1932, in respect of service in this Colony by an officer who was in receipt of salary according to a scale of pay operative in this Colony in consequence of the Salaries Revision, 1947, shall be recomputed according to the provisions of this Ordinance. Such recomputed pension, gratuity or other allowance shall be granted in substitution of the former award except that where it is to the advantage of the recipient such former award shall be deemed to have been validly made under this Ordinance.

(3) A pension, gratuity or other allowance in respect of service of an officer who is not or has not been in receipt of salary based upon a scale of pay operative in this Colony in consequence of the Salaries Revision, 1947, shall be grantable hereunder according to the provisions relating to the grant of pension, gratuity or other allowance in respect of such officer's service applicable prior to the first day of January, 1947, except in respect of service which would necessitate the application thereto of the provisions of Pension Regulations made under the Pensions Ordinance, 1932, in which case the provisions of Part V of the Schedule hereto shall be applied in respect of the service to which the said Pension Regulations C would have been applicable: Provided that if such an officer rejoins or an officer is appointed to the service of this Colony after the enactment of this Ordinance the provisions of this Ordinance other than this sub-section shall apply in respect of the grant of any pension, gratuity or other allowance granted after so rejoining or being so appointed.

(4) "Salaries Revision, 1947" shall mean for the purpose of this section, the revision of salaries initiated by the report of the Commissioners appointed on the 20th day of March, 1947) Ordinance by virtue of section 2 of the Commissioners Powers Ordinance,

1886.

No. 13 of

1886.

15

(5) If any question arises as to whether any salary is according to a scale of pay operative in the Colony in consequence of the Salaries Revision, 1947, the decision thereon of the Governor in Council shall be final.

for officers

20. For the purpose of this Ordinance any person holding Provisions office in the service of the Government of Palestine immediately transferred before the 15th day of May, 1948, shall be deemed to continue in to Govern- his office until either he is appointed to public service elsewhere, ment from or, if he is not so appointed, he retires or is removed from his of the office.

the servicea

Govern- ment of

Palestine.

Mu 21 of 1832 12 of 1934

29 of 1956 3 of 1936 27 of 1938

34 of 1934

53 of 1936 28 of 1939 30 of 1940 8 of 1947

21. The Pensions Ordinance, 1932, the Pensions Amendment Repeal. Ordinance, 1964, the Pensions Amendment Ordinance, 1935, the Pensions Amendment Ordinance, 1936, the Pensions (No. 2) Aniendment Ordinance, 1936, the Pensions Amendment (No. 3) Ordinance, 1936, the Pensions (No. 4) Amendment Ordinance, 1936, the Pensions Amendment Ordinance, 1939, the Pensions (War Service) Ordinance, 1940 and the Pensions Amendment Ordinance, 1947, are hereby repealed and all regulations made thereunder are hereby revoked. Section 23. paragraph (a) of sub-section (1) of section 43 and section 44 of the Police Force Ordinance, 1948, are hereby repealed and the regulations made under the powers conferred by sub-section (1) of section 9 of the Police Force Ordinance, 1932, and paragraph (a) of sub-section (1) of section 43 of the Police Force Ordinance, 1948, are hereby revoked: Provided that the repeal of Pension Regulations C made under the Pensions Ordinance, 1932, shall have effect from the date of enactment hereof.

PENSIONS ORDINANCE, 1949.

SCHEDULE.

[5.3]-

REGULATIONS FOR GRANTING OF PENSIONS, GRATUITIES

AND OTHER ALLOWANCES.

PART I.

PRELIMINARY.

1. These Regulations may be cited as the Pensions Citation. Regulations, 1949.