No. 50 of 1993: Indians Education Amendment Act (House of Delegates), 1993.
(Afrikaans text signed by the State President.) (Assented to 25 March 1993.
Amendment of section 1 of Act 61 of 1965, as amended by section 1 of Act 39 of 1979, section 1 of Act 78 of l984 and section 1 of Act 100 of l986 1.
"'professional post' means a post to which a person is appointed, transferred or promoted under this Act to assist in certain professional educational services, to wit planning, subject advisory and inspection services;".
Substitution of section 8 of Act 61 of 1965 2.
Notwithstanding anything to the contrary contained in any other law the establishment of any State school, school of industries or reform school or any State-aided school other than a State-aided vocational school, or the establishment of professional posts in the division of Education of the Department, shall be determined by the Minister, on such basis as he may fix from time to time in consultation with the Minister of the Budget and on the recommendation of the Commission for Administration.
Notwithstanding anything to the contrary contained in any other law but subject to the provisions of this Act, the power to appoint any person to any post included in the establishment of any State school, school of industries or reform school, or any State-aided school other than a State-aided vocational school, or to any professional post included in the establishment of the division of Education of the Department, and to promote, transfer or discharge any person occupying any such post, shall be vested in the Minister.
Substitution of section 11 of Act 61 of 1965, as amended by section 6 of Act 39 of 1979 3.
Notwithstanding anything to the contrary contained in any other law but subject to the provisions of subsections (2) and (3) of this section, the conditions of service, salary scales, allowances and leave privileges of persons (other than officers and employees) employed in any post included in the an establishment of a State school, school of industries, reform school or a State-aided school referred to in section 8(1), shall be determined or prescribed by the Minister in consultation with the Minister of the Budget and on the recommendation of the Commission for Administration.
The salary, salary scale, allowances and leave privileges of any person who is, by virtue of the provisions of subsection (1) of section 9 deemed to have been appointed to a post in terms of the provisions of this Act, shall remain the same, as if he had continued occupying the post occupied by him immediately prior to the commencement of this Act, unless or until the Minister determines that the provisions of subsections (1) and (3) of this section shall apply in respect of him.
As from the date on which a person is in terms of the provisions of section 10 transferred to the service of the Department, his salary shall be adjusted to the salary scale applicable to his post, at such notch on that scale as the Minister may determine.
Subject to the provisions of this Act any continuous whole-time employment of any person referred to in section 10 at any State-aided school immediately prior to the date referred to in that section, shall, for leave purposes, be deemed to be employment in the service of the Department: Provided that any sick and accumulative vocational leave to which such person is entitled on that date shall, subject to such conditions as the Minister on the recommendation of the Commission for Administration may determine, be deemed to be leave earned in terms of this Act.
Substitution of section 12 of Act 61 of 1965 4.
the division of Education of the Department in a professional post, shall in respect of pension rights and retirement benefits be dealt with as if he occupied a post included in a division of the public service referred to in paragraph (a) of subsection (1) of section three section 7(1)(a) of the Public Service Act, 1957 (Act No. 54 of 1957) 1984 (Act No. 111 of 1984).
Substitution of section 14 of Act 61 of 1965, as amended by section 7 of Act 39 of 1979 5.
Any person (other than an officer or employee) occupying a post included in the an establishment of a State school, school of industries or reform school, or a State-aided school other than a State aided vocational school referred to in section 8(1) may, subject to the provisions of subsection (2), be transferred from the post in which he is employed to any other post at the said school or any other such school or professional post in the division of Education of the Department or at any other institution under the control of the Department, whether established under this Act or any other law, and whether or not it is a transfer to a post of a lower grade.
If a transfer in terms of subsection (1) involves a reduction of the pensionable emoluments of the person in question for the purposes of any law, such transfer shall not be made without his consent, unless it is made in consequence of a reduction of rank under section 17 or 18.
with his own consent, to the service of the government of any other country or of any person.
If any person is so seconded such secondment shall not affect the application in respect of him of any law which would have applied in respect of him if he had continued occupying his post at the school in question or at the division of Education of the Department, as the case may be.
Substitution of section 15 of Act 61 of 1965, as substituted by section 8 of Act 39 of 1979 and amended by section 1 of Act 114 of 1992 6.
Any person (other than an officer) occupying on a full-time basis in a permanent capacity a post included in the an establishment of a State school, school of industries or reform school, or State-aided school other than a State-aided vocational school referred to in section 8(1) shall, subject to the provisions of subsections (2) and (3), have the right to retire from the service of the Department on attaining the age of 65 years, and shall be so retired on reaching that age.
Any person referred to in subsection (1) whose pensionable service, as defined in section 1 of the Government Service Pension Act, 1973 (Act No.
but not at least three months before the date on which he attains that age, he shall be retired on pension on the first day of the fourth month following the month during which such notice is received.
Any person referred to in subsection (1) who has attained the age of 60 years and any person referred to in subsection (2) who has attained, in the case of a male, the age of 55 years or, in the case of a female, the age of SO years, may with the approval of the Minister be retired from the service of the Department.
is a member of the Government Service Pension Fund established by section 3 of the Government Service Pension Act, 1973 (Act No.
has completed at least 10 years' continuous pensionable service, shall have the right to retire on pension at any time after he reaches the age of SO years, provided that he shall give at least three calender months' written notice of his intention to retire on pension to the Director-General.
subject to the provisions of section 17, on account of misconduct as defined in section 16.
is absent from duty and has accepted other employment, shall, subject to the provisions of subsection (6), be deemed to have been discharged on account of misconduct in terms of subsection (4) with effect from the date immediately following the last day on which he was on duty.
If any person referred to in paragraph (a) of subsection (5) at any time within 120 days after the expiry of the period of 30 days referred to in that paragraph, in writing applies for reinstatement in his former post, the Minister may, on such conditions as he may think fit, reinstate such person in his former post or appoint him to any other post referred to in subsection (1), and in such event the period of absence from duty shall be deemed to have been absence on vacation leave without pay or leave on such other conditions as the Minister may determine.
Substitution of section 19 of Act 61 of 1965, as amended by section 12 of Act 39 of 1979 and section 4 of Act 100 of 19X6 7.
shall not be entitled to additional remuneration in respect of any duty or work performed by him by order of a competent authority, unless his conditions of service provide otherwise or, in the case contemplated in paragraph (c), the Director-General determines otherwise.
If any person referred to in subsection (1) receives any remuneration or allowance otherwise than in terms or by virtue of the provisions of this Act or any other law or in so far as the Minister may determine otherwise, he shall pay it into the State Revenue Fund, and if he fails to do so, the Minister of the Budget may recover it from him by legal proceedings or in such other manner as the said Minister may deem fit, and pay it into that fund.
The provisions of this Act shall not be so construed as to prohibit any person referred to in subsection (1) from being a member or serving on the management of a lawful political party or from attending any public political meeting.
Any person referred to in subsection (1) who in terms of the provisions of the Electoral Act for Indians, 1977 (Act No. 122 of 1977) is nominated as a candidate for the election of members of the House of Delegates, shall be deemed to have relinquished his post on the date on which he is so nominated.
Amendment of section 33 of Act 61 of 1965, as amended by section 3 of Act 9 of 1981 and section 6 of Act 100 of 1986 8.
" (g) as to the appointment of persons for duty at State schools, schools of industries and reform schools and State-aided schools, and of persons to professional posts, and the grading, remuneration, promotion, transfer, discharge, discipline, behaviour, powers, duties, hours of attendance, leave privileges and other conditions of service of, and the occupation of teachers' quarters by, and the payment of travelling, subsistence and other allowances and remuneration for services outside the prescribed hours of attendance to, such persons and persons deemed to be appointed in terms of this Act;".
Persons appointed to posts under the Public Service Act, 1984 (Act No. 111 of 1984), immediately prior to the commencement of this Act which are professional posts in terms of the Indians Education Act, 1965 (Act No. 61 of 1965), shall be deemed to be appointed to those posts in terms of section 8(2) of the last-mentioned Act, with the retention of their remuneration, allowances and other benefits, and the establishment of such posts shall be deemed to be determined in terms of section 8(1) of the Indians Education Act, 1965.
This Act shall be called the Indians Education Amendment Act (House of Delegates), 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.