Page:Provincial Government Act 1986.djvu/8

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the number of years and portion of a year which are so recognized as pensionable service.

(6) The provisions of subsections (3) and (4) shall be deemed to have come into operation on 1 July 1984.

Transitional provisions.

21. (1) The duration of the provincial councils shall be deemed to have been extended to 30 June 1986.

(2) Any ordinance which was passed by a provincial council prior to the commencement of this Act but which at such commencement has not yet been dealt with in terms of sections 89 and 90 of the Provincial Government Act, 1961 (Act No. 32 of 1961), may, notwithstanding the repeal of those sections by this Act, be dealt with in terms of those sections after that commencement as if this Act had not been passed.

(3) (a)		The assets, rights, debts or liabilities of the provincial revenue funds contemplated in section 88 of the Provincial Government Act, 1961, shall as from 1 April 1987 be vested in the Accounts for Provincial Services as contemplated in section 2 (1) (c) of the Exchequer and Audit Act, 1975 (Act No. 66 of 1975): Provided that, if any moneys are to be set aside or earmarked for particular purposes or are by law to be transferred to a specific account, such moneys shall be utilized only for such purposes or be transferred only to such account, as the case may be.
(b)		Any adjustment in favour of or as a charge against a provincial revenue fund after 1 April 1987, shall be deemed to be an adjustment for the appropriate Account for Provincial Services as contemplated in section 2 (1) (c) of the Exchequer and Audit Act, 1975.
(c)		Notwithstanding the provisions of section 5 (3) of the Provincial Finance and Audit Act, 1972 (Act No. 18 of 1972), the Minister of Finance may, in a form determined by him, submit to Parliament an additional estimate of expenditure for the 1986/87 financial year, which shall be defrayed from the provincial revenue funds of the provinces of the Cape of Good Hope, the Transvaal, the Orange Free State and Natal.
(d)		Notwithstanding the provisions of section 22 of this Act, the Minister of Finance may, in a form determined by him, for the purpose of section 4 (1) of the Exchequer and Audit Act, 1975, as amended by the Schedule to this Act, submit to Parliament a Part Appropriation Bill in which the appropriation of certain amounts of money to the Accounts for Provincial Services is proposed.

(4) (a)

The administrator of a province shall, subject to the provisions of this subsection but notwithstanding the provisions of any other law, transfer and appoint any person in the service of the provincial administration of the province in terms of an ordinance, to the Public Service, as from a date determined by him on the recommendation of the Commission for Administration.

(b)

Such persons shall be transferred and appointed on the conditions applicable to the employment of officers and employees in the Public Service, unless the Commission for Administration, notwithstanding the provisions of any other law, recommends otherwise: Provided that―

(i)		no person shall, as a result of the abolition of the provincial service, be discharged or pensioned, or acquire a right to early retirement;
(ii)		no person’s salary or salary scale shall be reduced when he is so transferred and appointed;
(iii)		accrued leave to the credit of a person concerned shall be credited to him in the Public Service;