- (6) The provisions of paragraph 5 of this Schedule shall apply in the case of the retirement of an entitled officer who is required to retire in the circumstances described in sub-paragraph (4)(6) or (c) of this paragraph as they apply in the case of the retirement of an officer in the circumstances
described in that paragraph.
Compulsory retirement. 5. The provisions of this Schedule shall apply to an entitled officer required to retire under Article 57 of the Constitution of the State of Sabah as if he were an entitled officer retiring under this Schedule:
Provided that—
- (a) in the case of the retirement under that Article of an officer who is on leave of absence after completing a tour of residential service—
- (i) he shall, if the period of leave on full pensionable emoluments for _ which he is eligible on the date upon which he is given notice under that section requiring him to retire is less than six months, be granted such additional leave on full pension able emoluments as will bring the aggregate period of such leave of absence from that date up to six months;
- (ii) he shall be provided by the Government of the State with a passage to North Borneo for his own use as if he were returning to the State for a further tour of residential service, and such passage (if he returns to the State) and such baggage facilities as an officer of similar status is entitled to under the General Orders of that Government when retiring from the public service, having attained the age of fifty-five years and having completed a final tour of residential service: and
- (b) in the case of the retirement under that Article of an officer in any other circumstances—
- (i) he shall not be required to depart from the State on leave of absence pending his retirement until the expiration of a period of six months from the date upon which he was given notice under that section requiring him to retire;
- (ii) he shall be provided by the Government of the State with such passages and baggage facilities as an officer of similar status is entitled to under the General Orders of that Government when retiring from the public service, having attained the age of fifty-five years and having completed a final tour of residential service;
- (iii) he shall, if the period of leave on full pensionable emoluments for which he is eligible is less than six months, be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave of absence pending his retirement up to six months.
Compulsory retirement after secondment. 6. Where an entitled officer, having been seconded to the public service of the Federation and that secondment having been terminated, is required to retire upon the termination of his secondment and the Public Service Commission certifies that his secondment was terminated to enable a local candidate or officer to be appointed to the office to which he was seconded and that no suitable employment in the public service was available, the provisions of paragraph 5 of this Schedule shall apply to that entitled officer as if he were an entitled officer required to retire under Article 57 of the Constitution of the State of Sabah.
Retirement to facilitate constitutional changes.
7. (1) The provisions of this Schedule shall apply to an entitled officer to facilitate who is required to retire to facilitate the introduction of constitutional changes as if he were an entitled officer retiring under this Schedule:- No. 10760
