Section 32

The terms and conditions to be drawn up by the Authority shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Authority under section 31 while in the employment of the

Government, and any such term or condition relating to the length of service with the Authority shall provide for the recognition of service under the

Government by the persons so transferred to be service by them under the

Authority.

Nothing in the terms and conditions to be drawn up by the

Authority shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act

(Chapter 38).

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In every case where a person has been transferred to the service of the Authority under section 3 1. his employer immediately before the date of such transfer shall be liable to pay to the Authority such portion of any gratuity. pension or allowance payable to such person on his retirement as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with such employer bears to the aggregate amount of his pensionable emoluments during his service under both the Authority and such employer.

Where any person in the service of the Authority whose case does not fall within the scope of any pension or other schemes established under this section retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or to such person or persons wholly or partly dependent on him, as the Authority thinks fit, such allowance or gratuity as the Authority may determine.

No benefits in respect of abolition or reorganisation of office 33.

Notwithstanding the provisions of the Pensions Act (Chapter 38), no person who is transferred to the service of the Authority under section 31

shall be entitled to claim any benefit under the Pensions Act (Chapter 38) on the ground that he has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Authority.

Continuation and completion of disciplinary proceedings 34.

Where on the appointed day any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Authority under section 31. the proceedings shall be carried on and completed by the Authority; but where on the appointed day any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order or decision had been rendered thereon, the committee shall complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date.

Any order, ruling or direction made or given by a committee pursuant to this section shall be treated as an order, a ruling or a direction of the Authority and have the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act.

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A uthoriiy of Brunei Darussalam

Misconduct or neglect of duty by employee before transfer 35.

The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst he was in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he had continued to be in the employment of the Government and if this Act had not been made.

Penalty to be served by employee 36.

Where an employee of the Government has been transferred to the service of the Authority under section 31, and on the appointed day any penalty (other than dismissal) has been imposed on the employee pursuant to disciplinary proceedings against him and the penalty has not been, or remains to be, served by the employee, he shall on his transfer to the service of the Authority, serve or continue to serve such penalty to its full term as if it had been imposed by the Authority and the penalty shall remain valid against the employee on his transfer and shall continue in full force and effect until he has served the penalty in full.

Existing agreements and pending proceedings 37.

All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed day affecting the portion of the property, rights and liabilities transferred to the Authority under section 30(1) or affecting any employee transferred to the service of the Authority under section 3 1 shall continue in full force and effect on and after that date and shall be enforceable by or against the Authority as if instead of the Government or any person acting on its behalf, the Authority had been named therein or had been a party thereto.

Any proceedings or cause of action relating to the portion of the property, rights and liabilities transferred to the Authority under section 30(1) or to any employee transferred to the service of the Authority under section 3 1 pending or existing immediately before the appointed day by or against the Government or any person acting on its behalf, may be continued and shall be enforced by or against the Authority.

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