Harbours Act, 1946
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Superannuation schemes. |
151.—(1) A harbour authority mentioned in Part I of the First Schedule to this Act shall, within two years after the passing of this Act, prepare and submit to the Minister a scheme (in this section referred to as a superannuation scheme) for the payment of superannuation and other like allowances (including gratuities) to or in respect of the officers and established staff of the harbour authority. | |
(2) Under subsection (1) of this section, a harbour authority, in lieu of preparing and submitting a single superannuation scheme, may divide their officers and established staff into different categories (defined in such manner and by reference to such things as the harbour authority think proper) and prepare and submit a separate scheme in respect of each such category. | ||
(3) A harbour authority mentioned in Part II of the First Schedule to this Act may, if they so think proper, prepare and submit to the Minister a scheme (in this section also referred to as a superannuation scheme) for establishing a superannuation fund for the benefit of the officers and established staff of the harbour authority, or any category (defined in such manner and by reference to such things as the harbour authority think proper) of such officers and established staff. | ||
(4) Where a superannuation scheme is submitted under this section by a harbour authority to the Minister, the Minister may refer the scheme back to the harbour authority for reconsideration and fresh submission or by order confirm the scheme either without modification or with such modifications (whether by way of addition, omission or variation) as the Minister thinks proper. | ||
(5) A harbour authority may whenever they think proper prepare and submit to the Minister a scheme (in this section referred to as an amending superannuation scheme) amending (whether by addition, omission or variation) a superannuation scheme confirmed by the Minister or amending (whether by addition, omission or variation) or revoking an amending superannuation scheme for the time being in force, and the provisions of sub section (4) of this section shall apply and have effect in relation to every amending superannuation scheme. | ||
(6) Before confirming any superannuation scheme or amending superannuation scheme, the Minister shall consider all representations made to him in writing in respect thereof by parties appearing to him to be interested therein. | ||
(7) The Minister shall not approve of any superannuation scheme or amending superannuation scheme submitted by a harbour authority mentioned in Part II of the First Schedule to this Act unless he is satisfied that the financial position of the harbour authority is such as to justify the operation of the scheme. | ||
(8) A superannuation scheme or amending superannuation scheme shall not become operative unless and until it has been confirmed by order of the Minister, but, upon being so confirmed, shall come into operation on the date specified in that behalf in the order of the Minister confirming it and shall (without prejudice to subsection (9), where applicable, of this section) as on and from that date have the force of law in the form in which it was confirmed. | ||
(9) A superannuation scheme shall contain provisions under which any officer or member of the established staff of the harbour authority concerned to whom the scheme would, but for this subsection, apply and who was in the service of the harbour authority immediately before the coming into operation of the scheme may accept within a specified period the provisions of the scheme and, unless and until he so accepts, the scheme shall not apply to him and he shall retain (whether on his own behalf or, where appropriate, both on his own behalf and on behalf of his widow (should he die), his children or other members of his family) the benefit of all such provisions relating to superannuation and other like allowances (including gratuities) as applied in relation to him immediately before the coming into operation of the scheme. | ||
(10) Where a superannuation scheme is in force, the harbour authority concerned shall not grant a superannuation or other like allowance (including a gratuity) to or in respect of a person to whom the scheme applies except under the scheme. | ||
(11) Where— | ||
(a) an allowance or gratuity is payable by a harbour authority (in this section referred to as the paying authority) to any person under a superannuation scheme in respect of his ceasing to hold office under them, and | ||
(b) in ascertaining his service at the date of such cesser any service under another harbour authority (in this section referred to as the contributing authority) has, in accordance with that scheme, been aggregated and reckoned, and | ||
(c) at any time during which he was in the service of the contributing authority there was in force in relation to the contributing authority a superannuation scheme applying to him, | ||
then, the contributing authority shall refund to the paying authority a part of the allowance or gratuity reckoned in the prescribed manner. |