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Retirement on the ground of ill-health.
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9.—(1) In this section “medical referee” means a registered medical practitioner appointed by the Minister to be a medical referee for the purposes of this section.
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(2) Whenever—
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(a) the appropriate authority is satisfied, on medical evidence, that an established civil servant has become, by reason of infirmity of mind or body, incapable of discharging the duties of his position and that such infirmity is likely to be permanent, and
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(b) such civil servant has not tendered his resignation, and
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(c) a notice has, at the instance of the appropriate authority, been served by registered post on such civil servant requesting him to resign from the Civil Service on or before a specified date, which said date (in this subsection hereinafter referred to as the appointed date) shall not be less than thirty days from the date on which the notice is posted, the following provisions shall, notwithstanding anything contained in section 5, have effect—
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(i) if, before the appointed date, the appropriate authority receives such civil servant's resignation and the resignation is stated to have effect from a specified day, not later than the appointed date, his resignation shall take effect on the day so specified,
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(ii) if, before the appointed date, the appropriate authority receives such civil servant's resignation and the resignation either specifies no effective day or a day which is later than the appointed date, his resignation shall take effect on the appointed date,
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(iii) if the appropriate authority does not, before the appointed date, receive such civil servant's resignation or an application to have his case referred to a medical referee, he shall be deemed to have resigned from the Civil Service on the ground of ill-health on the appointed date,
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(iv) if the appropriate authority, before the appointed date, receives from the civil servant an application to have his case referred to a medical referee and there is sent with the application such fee as may be fixed by the Minister—
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(I) the appropriate authority shall refer his case to a medical referee for investigation,
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(II) if it appears from the report of the medical referee that such infirmity is not likely to be permanent, the notice shall be deemed to be withdrawn and there shall be paid to the civil servant a sum equal to the said fee and also, if any expenses for travelling and maintenance were, in the opinion of the Minister, reasonably and properly incurred by such civil servant in connection with the reference, such sum in respect of those expenses as the Minister may determine,
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(III) if it appears from the report of the medical referee that such infirmity is likely to be permanent the appropriate authority shall cause a notice (in this subsection referred to as the second notice) to be served by registered post on such civil servant stating the effect of the report and requiring him to tender his resignation within ten days after the date of posting of the second notice, and, in default of his so doing, such civil servant shall be deemed to have resigned from the Civil Service on the ground of ill-health on the appointed date or the tenth day after the posting of the second notice, whichever is the later.
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(3) The preceding subsections of this section do not apply to (a) a civil servant serving on probation, unless immediately prior to his appointment to his probationary position he held an established position, or (b) a transferred officer who is an established civil servant.
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(4) Nothing in this section shall be construed as affecting section 10 of the Act of 1859 or the said section 10 as applied by subsection (1) of section 1 of the Act of 1919, or subsection (2) of section 8.
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