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Provident Fund (Amendment) Act 1982

(No. 3 of 1982)

We assent,

Rota Onorio
Public Service Commission

J.R. Jones
Chief Justice

A. Taniera

The Council of State performing in accordance with the Constitution the functions of the Beretitenti.

30th December 1982


Commencement: 1982

MADE by the Maneaba ni Maungatabu and assented to by the Council of State.

Short Title

1. This Act may be cited as the Provident Fund (Amendment) Act, 1982.

Repeal of S.17(4) of the Principal Ordinance

2. Section 17(4) of the Principal Ordinance is repealed and the following Section 17(4) substituted therefor:-

"Section 17. (4)(1)

For the purpose of providing for the payment of special death benefit under the provisions of Section 27, the Board shall cause to be deducted at the commencement of each financial year from the account of each qualified member the sum of $5.00 PROVIDED that such deduction shall not be made where such deduction would exceed the interest payable to the credit of that account for that financial year:

PROVIDED FURTHER that the amount of the sum to be deducted under the provisions of this subsection may be varied from time to time by resolution of the House of Assembly.

17. (4)(2) Where under and by virtue of the first proviso to the preceding subsection deductions are not made, then for the purposes of Sections 9, and 27 of this Act and otherwise the member in respect of whom deduction have not been made, shall not be entitled to payment of special death benefit".

Repeal of S.20(1)(e) of Cap. 78A as amended

3. Section 20(1)(e) of the Principal Ordinance is hereby repealed.

Appointment of staff

4. Section 5(1) of the Principal Ordinance is hereby repealed and the following Section 5(1) substituted therefore:

"Section 5. (1)

(i) Without prejudice to appointments made prior to the effective date of this Act, the Board shall, after consultation with the Public Service Commission, appoint a Manager.

(ii) The Manager shall be the Chief Executive of the Board, and shall direct the entire staff and all other administrative and operational functions of the Board.

(iii) The Board may from time to time establish such other posts (including that of Accountant) as it considers necessary and proper for the due and efficient administration and performance by the Board of its duties under this Act and shall, acting on the recommendation of the Public Service Commission, appoint staff to fill those posts.

(iv) The termination of appointment, dismissal and disciplinary control of the staff of the Board shall be vested in the Board, acting on the recommendation of the Public Service Commission.

(v) With the approval of the Board, the Public Service Commission may second to any office in the service of the Board a public officer and the Public Service Commission may approve the transfer of an officer from the service of the Board to the public service or from the public service to the service of the Board".




It transpired that some members of the Fund, having ceased work and having only a small sum to their credit in the Fund, were having to watch such sum being reduced each year, instead of increasing, by the deduction of the statutory $5.00 per annum as a contribution to Special Death Benefit. This Act rectifies the situation by providing that deduction in such cases shall not be made.

Further, S.20(1)(e) of Cap. 78A discriminated by allowing women who have married, but not men, to withdraw their contributions. This has been repealed.

Also, appointment of staff provisions have been amended so as to involve the Public Service Commission.

R.L. Davey
Attorney General

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