Mental Treatment Act, 1945
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PART VIII. Superannuation, etc., of Officers and Servants of Mental Hospital Authorities. | ||
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Definitions for purposes of Part VIII. |
63.—(1) In this Part of this Act— | |
the word “officer” means an officer whose duties relate to the functions of a mental hospital authority under this Act and who either— | ||
(a) devotes the whole of his time to the service of one or more than one mental hospital authority, or | ||
(b) is required by virtue of his office to be a registered medical practitioner, | ||
but the said word does not include an officer who is appointed to hold an office either— | ||
(a) for a specified period, or | ||
(b) until a specified work or duty has been completed, or | ||
(c) until the appointment of another person to hold such office, or | ||
(d) as a substitute officer; | ||
the word “servant” means a servant whose duties relate to the functions of a mental hospital authority under this Act and who devotes the whole of his time to the service of one or more than one mental hospital authority, but the said word does not include a servant who is appointed to hold a position either— | ||
(a) for a specified period, or | ||
(b) until a specified work or duty has been completed, or | ||
(c) until the appointment of another person to hold such position, or | ||
(d) as a substitute servant; | ||
the words “salary” and “wages” include emoluments, but do not include payments for overtime, travelling expenses, or any allowances paid to cover the cost of office accommodation or clerical assistance; | ||
the word “emoluments” includes all fees, poundage, and other payments paid by a mental hospital authority to any of their officers or servants as such for his own use, and also the money value of any apartments, rations, or other allowance in kind appertaining to his office or employment; | ||
the expression “the appropriate medical officer” means the resident medical superintendent of the district mental hospital maintained by the relevant mental hospital authority; | ||
the expression “the Act of 1909” means the Asylum Officers' Superannuation Act, 1909 . | ||
(2) A mental hospital authority shall from time to time or as directed by the Minister determine, with the consent of the Minister, the annual value in money of the emoluments of their officers and servants and shall keep affixed in a conspicuous position in each institution maintained by them a detailed list of the values determined as aforesaid of the emoluments of the officers and servants employed in such institution. | ||
(3) The yearly salary or wages of an officer or servant shall, for the purposes of this Part of this Act, be taken to be the average amount of his yearly salary or wages during the three years ending on the quarter day immediately preceding the day on which he ceases to hold office or employment or, in the case of an officer or servant with less than three years' service, the average amount of his yearly salary or wages during the whole period of his service. | ||
(4) For the purposes of this Part of this Act, service of an officer or servant of a mental hospital authority which was given before the commencement of this Part of this Act and in respect of which contributions were made under the Act of 1909 shall be deemed to be service under a mental hospital authority and, in case the service or any part thereof was service with a committee to which a joint board are the successor, the service or the said part of the service shall be deemed to be service under the joint board. | ||
(5) Where an officer or servant of a mental hospital authority gave service before the commencement of this Part of this Act in respect of which he would have made contributions under the Act of 1909 but for such service having been given while he was regarded as not being an established officer or servant within the meaning of the Act of 1909, such officer or servant may elect to make such contributions after the commencement of this Part of this Act notwithstanding that the Act of 1909 has been repealed and, on so making such contributions, they shall be regarded for the purposes of this Part of this Act as contributions made under the Act of 1909.— |