Section 23: Savings and transitional provisions

23. Savings and transitional provisions (1) (a) For the purposes of the Statutory Bodies (Accounts and Audit) Act, the period extending from 14 February 2014 to 31 December 2014 shall be deemed to be the first financial year of the Institute. (b) Section 7(1) of the Statutory Bodies (Accounts and Audit) Act shall not apply to the first financial year of the Institute. (2) (a) In this subsection— "FARC" means the Food and Agricultural Research Council established under the repealed Food and Agricultural Research Council Act. (b) Notwithstanding any other enactment, every person employed by FARC as at 14 February 2014 shall be dealt with in accordance with this section. (c) Subject to paragraph (g), every person who, as at 14 February 2014, is employed on the permanent and pensionable establishment of FARC shall be entitled to be transferred to the permanent and pensionable establishment of the institute on terms and conditions which shall be not less favourable than those of his previous employment. (d) The period of service of every person employed on the permanent and pensionable establishment of FARC who is transferred to the Institute under paragraph (c) shall be considered to be an unbroken period of service with the Institute. [Issue 6] F19 – 8 Revised Laws of Mauritius (e) Where a person employed on the permanent and pensionable establishment of FARC is transferred to the Institute under paragraph (c), his service with the Institute shall be approved service for the purposes of the Statutory Bodies Pension Funds Act. (f) No person employed on the permanent and pensionable establishment of FARC shall, on account of his transfer to the Institute or any resulting change in his job title, be entitled to claim that his employment has been terminated or adversely affected in breach of any enactment. (g) Any person employed on the permanent and pensionable establishment of FARC may, within 30 days from 14 February 2014, instead of a transfer under paragraph (c), be offered the option to— (i) be redeployed, so far as is practicable, to a Ministry, Government department or statutory corporation, where a vacancy in a similar position is available; or (ii) retire on the ground of abolition of office and be paid his pension benefits in accordance with the Pensions Act, the Statutory Bodies Pension Funds Act or such other pension scheme as may be applicable to FARC. (h) (i) Subject to paragraph (i), any person employed on the permanent and pensionable establishment of FARC against whom a disciplinary inquiry or other proceedings are pending as at 14 February 2014— (A) who is not interdicted, shall be transferred to the permanent and pensionable establishment of the Institute on terms and conditions which shall be not less favourable than those of his previous employment; (B) who is interdicted, may opt to— (I) be transferred to the permanent and pensionable establishment of the Institute on terms and conditions which shall be not less favourable than those of his previous employment; or (II) retire on the ground of abolition of office and be paid pension benefits in accordance with the Pensions Act, the Statutory Bodies Pension Funds Act or such other pension scheme as may be applicable to FARC, where no disciplinary charge is subsequently found proved against him. (ii) For the purposes of paragraph (g) and of this paragraph, the date of a person's retirement on the ground of abolition of office shall be 14 February 2014. (i) Any disciplinary ose of his previous employment; or (II) retire on the ground of abolition of office and be paid pension benefits in accordance with the Pensions Act, the Statutory Bodies Pension Funds Act or such other pension scheme as may be applicable to FARC, where no disciplinary charge is subsequently found proved against him. (ii) For the purposes of paragraph (g) and of this paragraph, the date of a person's retirement on the ground of abolition of office shall be 14 February 2014. (i) Any disciplinary inquiry or proceedings pending as at 14 February 2014 against a person employed on the permanent and pensionable establishment of FARC shall be taken up, continued or completed by the supervising officer of the Ministry, and any resulting order or decision shall have the same force and effect as if made by FARC. F19 – 9 [Issue 6] Food and Agricultural Research and Extension Institute Act (j) Any proceedings, whether judicial or extra-judicial, started by or against FARC and pending as at 14 February 2014 shall be deemed to have been started by or against the Institute. (k) The Director-General of FARC shall from 14 February 2014, be deemed to be the Chief Executive Officer of the Institute and his contract shall remain governed by its existing terms and conditions. (l) The assets and funds of FARC shall from 14 February 2014, vest in the Institute. (m) Subject to paragraphs (c) to (g), all rights, obligations and liabilities subsisting in favour of or against FARC as at 14 February 2014 shall continue to exist under the same terms and conditions in favour of or against the Institute. (n) Any act or thing done by FARC shall be deemed to have been done by the Institute. (3) Where this Act does not make provision for any transition, the Minister may make such regulations as may be necessary for such transition. 24. — [Issue 6] F19 – 10