TNAG-0824-FCO40-1032-Terms-of-service-of-Governors-1979 — Page 22

should be improved. I do not however favour as a permanent arrangement the method of insurance at Government expense. It is a simple and useful expedient as an interim measure pending the adoption of a considered scheme, but no more. I consider that provision on the lines made in this country for Home Civil Servants and with the same special rates of allowances (see paragraph 6 above) would be generally suitable for adoption by Colonial administrations and I commend this method to your consideration. To facilitate such consideration I enclose the 'draft of two amendments to the Model Pensions Ordinance and Regulations covering death and injury when travelling by air on duty.

9. There is only one matter arising out of these draft regulations to which I wish to call particular attention and that is the position of officers travelling by air on leave. Unless an officer is travelling by air "in pursuance of official instructions" he would not be covered by the special provisions. In many cases when officers travel on or from leave by air at their own instance it is at the same time in the interests of the Government in that their period of absence from duty in the Colony is shortened. In such cases I should regard it as appropriate to treat officers as travelling by air "in pursuance of official instructions". On the other hand there are cases in which air travel on leave would be solely for the officer's convenience, and there would be no occasion to seek to admit all leave travel to the benefit of the special provisions. It would therefore be necessary to ensure that a certificate that an officer was about to proceed on leave by air "in pursuance of official instructions" should be issued in appropriate cases and that officers should be made aware of the requirements in this respect.

10. I shall be glad to learn in due course whether you propose that steps should be taken to amend the Pensions legislation in the territory under your administration on the lines I have suggested.

11. I take this opportunity of mentioning that the General Orders of several Colonial administrations still provide that no officer will be required to travel by air against his own wish. The general position, as has been indicated in Colonial Office pamphlet Misc. 488, Colonial Service (General Conditions of Service) for several years now is that officers may be required to travel by air when on duty or proceeding on or returning from leave. Naturally if there were valid objections on medical grounds an officer would not be required to travel by air, but I would suggest that if provision does in fact still exist in the terms mentioned above in the General Orders of your administration consideration should now be given to its deletion.

I have the honour to be,

Sir,

Your most obedient, humble servant,

1. peccafiones

The Officer Administering

the Government of

Enclosure in Circular despatch dated 23rd September, 1948.

Draft Amendment to Model Pensions Legislation

1. Amend Clause 17 (1) of the Model Pensions Ordinance by the addition of a new sub-section (4) as follows:-

"

(4) An officer who dies as a result of injuries received while travelling by air in pursuance of official instructions shall be deemed to have died in the circumstances detailed in (a) and (c) of sub-section (1) of this section; provided that in such a case and if (b) is also satisfied the rates of pension prescribed in (i) and (ii) of that sub-section shall be fifteen-sixtieths and one sixth respectively.”

2. Amend Model Fension Regulation 25 by the addition of a new paragraph (3) as follows:-

(3) An officer who is permanently injured while travelling by air in pursuance of official instructions shall be deemed to have been injured in the circumstances detailed in (a) and (c) of paragraph (1); provided that in such a case and if (b) is also satisfied the rates of pension prescribed in that paragraph shall be seven and a half sixtieths; fifteen sixtieths; twenty-two and a half sixtieths and thirty sixtieths respectively."

(00/768) 350_9/48.