University of Malaya (Staff Transfer) Rules

National University of Singapore Act

(Chapter 204, Section 11(1)(a))

R 1

REVISED EDITION 1990

(25th March 1992)

[8th October 1949]

1. These Rules may be cited as the University of Malaya (Staff Transfer) Rules.

2. Every teacher, officer, member of the staff, servant and other person in the employment of the Council of Raffles College or of the Council of the King Edward VII College of Medicine immediately before 8th October 1949 shall, subject to rule 4, be deemed to have been transferred to the employment of the University on that date.

3. Every teacher, officer, servant or other person employed in the service of the Government in the King Edward VII College of Medicine immediately before 8th October 1949 shall, subject to rule 4, be deemed to have been transferred to the employment of the University on that date.

4. No person shall be transferrd to the employment of the University under rules 2 and 3 unless he shall within a period of 69 months from 8th October 1949 consent to be so transferred and shall have entered into a contract in writing with the Universtiy under section 38(3) of the Constitution of the University of Malaya established under the University of Malaya Ordinance 1949.

[Ord. 12/49]

5. The person transferred under these Rules ( referred to in these Rules as a transferred person ) shall be employed by the Unversity with as nearly as may be the same status and, subject to the University of Malaya Ordinance, on terms, including terms relating to salary or wages, the termination of his employment, pension, retiring allowance or gratuity, medical attention, quarters, allowances, leave and overseas passages for himself and his family, not less favourable than the terms he had or enjoyed in the service of the Council of Raffles College or of the Council of the King Edward VII College of Medicine or of the Government immediately before his transfer. Any dispute between the University and the transferred person shall be decided by the President or his duly appointed representative whose decision shall be final.

6. These rules shall not apply to any person in the service of the Government whose monthly salary was not immediately before 8th October 1949 provided for in the estimates of the King Edward VII College of Medicine.

7. Every transferred person who was immediately before 8th October 1949 entitled under any Regulations, General Orders, Circulars or by the terms of his appointment to any accomodation to be provided by the Government by reasons of his service under the Government shall so long as he is in the employment of the University continue to be entitled in the same manner and to the same extent to such accommodation as if his service under the University had been service under the Government:

Provided that —

(a)	no transferred person shall at any time be entitled to such accommodation if there shall at such time be available for him suitable alternative accommodation provided by the Government;
(b)	nothing in this rule shall be deemed to give to any transferred person any right enforceable or recognised at law to such accommodation or to entitle any person to remain in occupation of such accommodation after having been given notice by or on behalf of the Government to quit accommodation, any written law or rule of law notwithstanding; and
(c)	no transferred person shall be entitled to any better or preferential treatment in regard to accommodation than any Government employee of equivalent rank or seniority:

And provided that no transferred person shall at any time be entitled to such accommodation if there shall at such time be available for him suitable accommodation provided by the University.

8.—(1) Every transferred person included in rule 3 who immediately before his transfer held a post which was a pensionable post under the law at that date in force in Singapore shall be deemed for the purpose of such law to continue to hold such post so long as he is in the employment of the University and shall be eligible for the grant of a pension as though his service under the University were service under the Government and as though that part of his emoluments on which contributions to the University Provident Fund would have been assessed had he been a contributor to that Fund were the pensionable emoluments of such post and the Government may grant such pension in accordance with the terms of such law:

Provided that the pensionable emoluments of the first holder of the post of Dean of the Faculty of Medicine at the date of his retirement shall be deemed to be such amount as would be payable to him in respect of pensionable emoluments if at that date he held the substantive appointment of Deputy Director of Medical Services in the Federation of Malaya or Director of the Institute of Medical Research in the Federation of Malaya.

(2) Every transferred person who immediately before his transfer held a post in which he would in the ordinary course have become by effluxion of time pensionable under the law at that date in force in Singapore shall be deemed for the purpose of such law to continue to hold that post so long as he is in the employment of the University and shall be eligible for the grant of a pension as though his service under the University was service under the Government and as though that part of his emoluments on which contributions to the University Provident Fund would have been assessed had he been a contributor to that Fund were the pensionable emoluments of such post and the Government may grant such pension in accordance with the terms of such law.

(3) Where under paragraphs (1) and (2) the Government shall grant a pension to a transferred person, the University shall pay to the Government such an amount as shall bear the same proportion to the amount of pension for which he would have been eligible had his service been wholly under the Government as the aggregate amount of his pensionable emoluments during his service under the University shall bear to the aggregate amount of his pensionable emoluments during his service under both the Government and the University.

(4) Every transferred person under paragraphs (1) and (2) who immediately before his transfer was or would become subject to the provisions of the Widows’ and Orphans’ Pension Act shall so long as he remains in the employment of the University be deemed to be a public servant within the meaning of that Act and for the purposes of the application of the provisions thereof.

9. Where a transferred person (included in rule 3) does not fall within the definitions contained in rule 8(1) and (2) prior to his transfer, the Government shall pay to the University or into any Provident Fund established by the University to the credit of such person such sum or sums as may be agreed between the Government and the University towards the payment by the University or out of the Provident Fund of any pension, retiring allowance or gratuity of any payment to such person or his legal personal representatives or dependants.

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