Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p26
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 63378–66080

of this section.

"Subdivision C—Appointment of Officers other than Permanent Heads

Appointment of officers other than Permanent Heads
"40. (1) Subject to this Part, the Board may appoint a person to a particular office in the Service (not being an office of Permanent Head) or as an unattached officer in the Service.
"(2) An unattached officer appointed under sub-section (1) shall have such designation as the Board determines to be appropriate to his duties.
"(3) A person shall not be appointed as an unattached officer unless he is qualified for appointment to an office having a designation corresponding to his designation as an unattached officer.

Special appointments
"41. (1) Subject to this section, if in a special case it appears to the Board to be desirable in the public interest to do so, the Board may, under this section, appoint to an office in the Service (other than an office of Permanent Head) a person who is not ineligible for appointment by reason of section 34 but is not qualified, by reason of his not satisfying a requirement for appointment specified in a notification under section 33a, to be appointed to that office.
"(2) An appointment of a person under this section to an office shall not be made unless the Board certifies, after obtaining a report from the Permanent Head of the Department concerned, that it is satisfied that there is no officer available in the Service who is as capable as that person of filling the office.
"(3) Where the Board makes an appointment under this section, it shall cause a statement containing particulars of the appointment, together with a copy of the report and certificate referred to in sub-section (2), to be laid before each House of the Parliament within 6 sitting days of that House after the making of the appointment.".

Appointments to be on probation
23. Section 47 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "of the Second, Third or Fourth Division" and substituting "(other than a Permanent Head)"; and
     (b) by omitting sub-section (3) and substituting the following sub-section:
     "(3) Where a person has been appointed as an unattached officer, the Board may, at any time while he is a probationer, transfer him to an office in the Department in which he is performing duties.".

Special provisions relating to appointment of returned soldiers
24. Section 47a of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-section:
"(1) Where, in relation to any proposed appointments to the Service, an applicant who is a returned soldier and an applicant who is not a returned soldier are placed equal in the order in which, in