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Transfer of officers and servants of the existing governing body.
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38.—(1) Every person (in this section referred to as a transferred person) who, on the day before the first appointed day, is a paid officer or servant of the existing governing body shall, on the first appointed day and subject to the provisions of this section, be transferred to and be and become an officer or servant of the Board.
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(2) Every transferred person shall perform in the employment of the Board duties analogous to those performed by him in the employment of the existing governing body before his transfer, but the Board may (subject to the restriction that no transferred person shall be required to perform duties which are not analogous to those performed by him in the employment of the existing governing body before his transfer) redistribute or rearrange the duties to be performed by any transferred persons, and every transferred person shall be bound to perform the duties allotted to him on any such redistribution or rearrangement.
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(3) No transferred person shall, without his consent, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the employment of the existing governing body.
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(4) Subject to the provisions of this Act relating to restriction on exercise of powers in relation to officers and servants, the Board may abolish the office or employment of any transferred person.
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(5) Until the existing hospitals are closed under this Act any transferred person shall, if so required by the Board, remain at the existing hospitals and perform such duties there as the Board may require.
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(6) If any question arises under sub-section (2) or sub-section (3) of this section in relation to any transferred person such question shall be referred to the Minister whose decision shall be final.
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