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PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 46
Day on which promotion takes effect, &c.
46. Section 50E of the Principal Act is amended-
(a) by omitting sub-sections (1) and (2) and substituting the following
sub-sections:
''(1) Where an officer is promoted under section 50, the following provisions
have effect:
(a) if-
(i) no appeal is made under section 50B against the promotion of
the officer or an appeal is, or appeals are, made under
section 50B against the promotion, but the appeal, or each of
the appeals, is disallowed or becomes inoperative not later
than the prescribed day in respect of the appeal; and
(ii) the officer does not apply under section 52 for permission to
decline the promotion or the officer applies for such
permission but the Board notifies the officer, not later than
the prescribed day in respect of the promotion, of its refusal
to grant such permission,
the promotion takes effect on the prescribed day in respect of the promotion;
(b) if-
(i) an appeal is, or appeals are, made under section 50B against
the promotion and the appeal, or each of the appeals, is
disallowed or becomes inoperative but the day on which the
appeal or one of the appeals is disallowed or becomes
inoperative is later than the prescribed day in respect of the
promotion; or
(ii) the officer applies under section 52 for permission to decline
the promotion and the Board notifies the officer, on a day that
is later than the prescribed day in respect of the promotion,
of its refusal to grant such permission,
the promotion takes effect-
(iii) in a case to which sub-paragraph (i) applies but sub-paragraph
(ii) does not apply-on the day on which the appeal is
disallowed or becomes inoperative, or the latest day on which
any of the appeals is disallowed or becomes inoperative, as the
case may be;
(iv) in a case to which sub-paragraph (ii) applies but sub-paragraph
(i) does not apply-on the day on which the Board notifies the
officer of its refusal to grant the officer permission to
decline the promotion; or
(v) in a case to which both sub-paragraph (i) and sub-paragraph
(ii) apply-on the day on which-
(A) the appeal is disallowed or becomes inoperative, or the
latest day on which any of the appeals is disallowed or
becomes inoperative, as the case may be; or
(B) the Board notifies the officer of its refusal to grant
the officer permission to decline the promotion,
whichever is the later.
''(2) Where an officer is promoted under section 50DA, the following
provisions have effect:
(a) if the officer does not apply under section 52 for permission to
decline the promotion or the officer applies for such permission but
the Board notifies the officer, not later than the prescribed day in
respect of the promotion, of its refusal to grant such permission-the
promotion takes effect on the prescribed day in respect of the
promotion;
(b) if the officer applies under section 52 for permission to decline the
promotion and the Board notifies the officer, on a day that is later
than the prescribed day in respect of the promotion, of its refusal to
grant such permission-on the day on which the Board notifies the
officer of its refusal to grant the officer permission to decline the
promotion.'';
(b) by inserting in sub-section (4) ''or 50DA'' after '' section 50'';
(c) by omitting from sub-section (6) ''Notwithstanding'' and substituting
''Subject to sub-section (7) but notwithstanding'';
(d) by omitting from sub-section (6) ''or 50D'' and substituting '', 50D
or 50DA''; and
(e) by adding at the end thereof the following sub-section:
''(7) Where an officer is promoted to more than one office of equal
classification and but for this sub-section the promotions would, in
accordance with the preceding provisions of this section, take effect on the
same day, the promotions do not take effect until the day on which the officer
makes an election under section 50EA to accept one of the promotions and to
decline the other promotion or promotions, as the case may be.''.
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