Transfer to Corporation of Government undertakings
Open ↗10.—(1) On 1 April 1976, such vocational or industrial training institutions as were established by or vested in the Government for the purpose of training prisoners as the Minister may, after consultation with the Minister for Finance, determine are transferred to and vest in the Corporation without further assurance and such transfer includes all lands, buildings, and other property, movable or immovable, assets, rights, privileges, obligations and liabilities held or enjoyed in connection therewith or appertaining thereto.
(2) On 1 April 1976, such moneys held by the Government for the purpose of training prisoners in order to fit them to earn their living after release as the Minister may, after consultation with the Minister for Finance, determine must forthwith be paid and transferred to and held by the Corporation for the same purpose.
(3) All rights, privileges, obligations and liabilities which immediately before 1 April 1976 were held, enjoyed or incurred in connection with or appertaining to the vocational or industrial training institutions transferred under subsection (1) are deemed to be the rights, privileges, obligations and liabilities of the Corporation.
(4) Where anything has been commenced for the purpose of the vocational or industrial training institutions transferred under subsection (1), such thing may be carried on and completed by, or under the authority of, the Corporation.
(5) If any question arises as to which of the properties, movable or immovable, has been transferred to and vested in the Corporation under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence of the vesting of the property in the Corporation.
Transfer of employees
Open ↗11.—(1) On 1 April 1976 —(a)
every person, other than prison officers, employed by the Government immediately before that date in the vocational or industrial training institutions transferred under section 10(1); and
(b)
such other persons employed by the Government as the Minister may determine,
are transferred to the service of the Corporation on terms as near as may be to those they enjoyed immediately prior to their transfer and the terms (which are determined by the Corporation) must take into account the salaries and conditions of service, including any accrued rights to leave, enjoyed by them while in the employment of the Government.
(2) Despite subsection (1), such categories of persons who are transferred to the service of the Corporation, as the Minister may determine, must as soon as practicable be given the option of remaining in the service of the Government.
(3) Until such time as schemes and terms and conditions of service are drawn up by the Corporation, the regulations relating to salaries and terms and conditions of service in the Government continue to apply to every person transferred to the service of the Corporation under subsection (1).
Existing contracts
Open ↗12. All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before 1 April 1976 affecting the vocational or industrial training institutions transferred under section 10(1) or any employee of the Government transferred to the service of the Corporation under section 11 are of full force and effect against or in favour of the Corporation and enforceable as fully and effectually as if, instead of the Government or any person acting on behalf of the Government, the Corporation had been named therein or had been a party thereto.
Pending proceedings
Open ↗13. A proceeding or cause of action pending or existing immediately before 1 April 1976 by or against the Government or any person acting on behalf of the Government in respect of the vocational or industrial training institutions transferred under section 10(1) and the rights, obligations and liabilities in connection therewith may be continued and enforced by or against the Corporation as it might have been by or against the Government or such person as if this Act had not been enacted.
No benefit for abolition or re-organisation of office
Open ↗14.—(1) Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Corporation under section 11 is not entitled to claim any benefit under the Pensions Act 1956 on the ground that he or she has been retired from the service of the Government on account of abolition or re‑organisation of office in consequence of the establishment and incorporation of the Corporation under this Act.
(2) In every case where a person has been transferred to the service of the Corporation under section 11(1), the Government is liable to pay to the Corporation such portion of any gratuity, pension or allowance payable to that person or his or her dependants on his or her retirement, death or otherwise leaving the service of the Corporation as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Corporation.
