Section 29: Saving and transitional provisions

29. Saving and transitional provisions (1) In this section, “College” means the Mauritius College of the Air established under section 3 of the repealed Mauritius College of the Air Act. (2) Notwithstanding any other enactment, every person employed by the College shall be dealt with in accordance with this section. (3) Every person who, at the commencement of this Act, is employed on the permanent and pensionable establishment of the College shall be entitled to be transferred to the permanent and pensionable establishment of the Open University on terms and conditions which shall be not less favourable than those of his previous employment. (4) The period of service of every person employed on the permanent and pensionable establishment of the College, who is transferred to the Open University under subsection (3), shall be deemed to be an unbroken period of service with the Open University. (5) No person employed on the permanent and pensionable establishment of the College shall, on account of his transfer to the Open University 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. (6) Any person employed on the permanent and pensionable establishment of the College who, within 28 days of the commencement of this Act, does not accept to be transferred to the Open University may— (a) at his request, be redeployed, so far as is practicable, to another statutory body, where vacancies in similar positions are available; or [Issue 5] O6A – 12 Revised Laws of Mauritius (b) opt for retirement on the ground of abolition of office and be paid his pension benefits in accordance with the Statutory Bodies Pension Funds Act and regulations made thereunder. (7) (a) Subject to subsection (8), any person employed on the permanent and pensionable establishment of the College, against whom any disciplinary inquiry, investigation or proceedings are pending or in process at the commencement of this Act— (i) who is not interdicted, shall be transferred to the permanent and pensionable establishment of the Open University on terms and conditions which shall be not less favourable than those of his previous employment; (ii) who is interdicted, may opt to— (A) be transferred to the permanent and pensionable establishment of the Open University on terms and conditions which shall be not less favourable than those of his previous employment; (B) retire on the ground of abolition of office and be paid pension benefits in accordance with the Statutory Bodies Pension Funds Act and regulations made thereunder, where no disciplinary charge is subsequently found proved against him. (b) For the purposes of paragraph (a) (ii) (B), the date of retirement on ground of abolition of office shall be deemed to be the date of coming into operation of this Act. (8) Any disciplinary inquiry, investigation or proceedings, pending or in process at the commencement of this Act, against any person employed on the permanent and pensionable establishment of the College, shall be taken up, continued or completed by the Open University and any resulting order or decision shall have the same force and effect as if made by the College. (9) Notwithstanding any other enactment, the contract of every person employed on a fixed term performance contract by the College, which is valid at the commencement of this Act, shall be deemed to have been entered into by the Open University and shall r person employed on the permanent and pensionable establishment of the College, shall be taken up, continued or completed by the Open University and any resulting order or decision shall have the same force and effect as if made by the College. (9) Notwithstanding any other enactment, the contract of every person employed on a fixed term performance contract by the College, which is valid at the commencement of this Act, shall be deemed to have been entered into by the Open University and shall remain governed by its existing terms and conditions. (10) The assets, funds and records of the College shall, at the commencement of this Act, vest in the Open University. (11) All rights, obligations and liabilities subsisting in favour of or against the College shall, at the commencement of this Act, continue to exist under the same terms and conditions in favour of or against the Open University. (12) All proceedings, judicial or otherwise, commenced before and pending at the commencement of this Act, by or against the College, shall be deemed to have been commenced, and may be continued, by or against the Open University. (13) Notwithstanding section 7 (2), every person who, at the commencement of this Act, is registered for education and training purposes at the College shall be enrolled as a learner. O6A – 13 [Issue 5] Open University of Mauritius Act (14) Where this Act does not make provision for any transition, the Minister may make such regulations as may be necessary for such transition.