Section 38: Transitional provisions

38. Transitional provisions (1) In this section— “IST” means the Institut Supérieur de Technologie operating under the aegis of the UTM; continued on page U6A – 15 [Issue 5] U6A – 14 Revised Laws of Mauritius “SDIM” means the Swami Dayanand Institute of Management operating under the aegis of the UTM; “UTM” means the University of Technology, Mauritius established under section 3 of the University of Technology, Mauritius Act. (2) Notwithstanding any other enactment, the IST and the SDIM shall, at the commencement of this Act, integrate the Université des Mascareignes. (3) Notwithstanding any other enactment, every person employed by the IST or the SDIM shall be dealt with in accordance with this section. (4) Every person who, at the commencement of this Act, is employed on the permanent and pensionable establishment of the IST or the SDIM shall be entitled to be transferred to the permanent and pensionable establishment of the Université des Mascareignes on terms and conditions which shall be not less favourable than those of his previous employment. (5) The period of service of every person employed on the permanent and pensionable establishment of the IST or the SDIM, who is transferred to the Université des Mascareignes under subsection (4), shall be deemed to be an unbroken period of service with the Université des Mascareignes. (6) No person employed on the permanent and pensionable establishment of the IST or the SDIM shall, on account of his transfer to the Université des Mascareignes 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 other enactment. (7) Any person employed on the permanent and pensionable establishment of the IST or the SDIM who does not accept to be transferred to the Université des Mascareignes may— (a) at his request, be redeployed, so far as is practicable, to a statutory body, where vacancies in similar positions are available; or (b) opt for retirement on the ground of abolition of office and be paid pension benefits in accordance with the Statutory Bodies Pension Funds Act. (8) (a) Any person employed on the permanent and pensionable establishment of the IST or the SDIM, against whom disciplinary proceedings are pending at the commencement of this Act— (i) who is not interdicted, shall be transferred to the permanent and pensionable establishment of the Université des Mascareignes on terms and conditions which shall be not less favourable than those of his previous employment; (ii) who is interdicted, shall be transferred to the permanent and pensionable establishment of the Université des Mascareignes, where following the completion of the disciplinary proceedings, he is reinstated in the office he held at the time of his interdiction; and U6A – 15 [Issue 4] Université des Mascareignes Act (iii) where, upon the reinstatement under subparagraph (ii), no vacancy exists at the Université des Mascareignes, that person shall be deemed to have retired on ground of abolition of office and he shall be paid all his pension benefits. (b) For the purposes of paragraph (a) (iii), the date of retirement on ground of abolition of office shall be deemed to be the date of the commencement of this Act. (9) 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 IST or the SDIM, shall be taken up deemed to have retired on ground of abolition of office and he shall be paid all his pension benefits. (b) For the purposes of paragraph (a) (iii), the date of retirement on ground of abolition of office shall be deemed to be the date of the commencement of this Act. (9) 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 IST or the SDIM, 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 the IST or the SDIM, as the case may be. (10) Notwithstanding any other enactment, the contract of every person employed on a fixed term performance contract at the IST or the SDIM shall, at the commencement of this Act, be deemed to have been made by the Université des Mascareignes. (11) Any disciplinary inquiry, investigation or proceedings, pending or in process at the commencement of this Act, against any person employed on a fixed term performance contract at the IST or the SDIM, shall be taken up, continued or completed by the Board and any resulting order or decision shall have the same force and effect as if made by the IST or the SDIM, as the case may be. (12) The assets of the IST or the SDIM vested in the Ministry responsible for the subject of human resources shall, at the commencement of this Act, be vested in the Université des Mascareignes. (13) All rights of, and obligations and liabilities subsisting against, the IST or the SDIM shall, at the commencement of this Act, continue to exist under the same terms and conditions in favour of or against the Université des Mascareignes. (14) Every person who, at the commencement of this Act, is registered for training purposes at the IST or the SDIM shall be deemed to be a student of the Université des Mascareignes. (15) Where this Act does not make provision for any transition, the Minister may make such regulations as may be necessary for such transition.