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Statutory Salaries (Amendment) (No 2) Act 1986

THE REPUBLIC OF KIRIBATI

(No.9 of 1986)

I assent,

I. Tabai
Beretitenti
22/12/1986

AN ACT TO AMEND THE STATUTORY SALARIES ORDINANCE

Commencement: 22/12/1986

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

Short title

1. This Act may be cited as the Statutory Salaries (Amendment) (No 2) Act 1986.

Interpretation

2. In this Act, unless the context otherwise requires –

"National Conditions of Service" means the National Conditions of Service, being the terms and conditions under which employees of the Government are employed as determined from time to time by the Beretitenti acting in accordance with the advice of Cabinet.

Amends section 2(1) and 2(2) of Cap 96A

3. Section 2 of the Statutory Salaries Ordinance (Cap 96A) (hereinafter referred to as the "principal Act") is hereby amended by r epealing subsection (1) and substituting the following subsection –

"(1) Subject to the provisions of this Act, there shall be paid or accorded to the holders of the office to which this Act applies –

(a) the salaries or other remuneration, allowances and other financial privileges prescribed in the Schedule in relation to each of such offices; and

(b) mutatis mutandis, the allowances, financial privileges and other terms of service prescribed from time to time in the National Conditions of Service, whether these allowances, financial privileges and other terms of service relate to the holders of the office to which this Act applies or to officers generally or to officers in a similar grade".

Amends section 2 (3) of Cap 96A

4. Subsection (3) of section 2 of the principal Act is amended by repealing the word and number "Column 2" and substituting the following word and numbers –

"Columns 2, 3, 4 and 5".

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STATUTORY SALARIES (AMENDMENT) (NO 2) ACT 1986

EXPLANATORY MEMORANDUM

Section 113 of the Constitution provides inter alia, that the remuneration and allowances of the holders of certain offices (i.e. those outlined in subsection (2) of section 2 of the Statutory Salaries Ordinance (Cap 96A) as amended by the Statutory Salaries (Amendment) Act 1986 (No. 4 of 1986) may be prescribed i.e. provided for by an Act of the Maneaba.

The existing law enacted pursuant to section 113 of the Constitution i.e. Cap 96A referred to above does not specify with sufficient clarity and certainty the types of allowances and other financial privileges the said office holders are entitled to. Rather, these have been left to be prescribed by the National Conditions of Service.

The main object of this Act is to amend section 2 of Cap 96A to make it clear that the allowances and other financial privileges of the said office holders shall be as specified in the Schedule to the said Cap 96A as amended.

This will accord with the provisions of section 113 of the Constitution which envisages that these allowances and other financial privileges shall be as provided for by an Act of the Maneaba and not by administrative rules and procedures.

It is to be noted that under the existing law (Cap 96A as amended) the said Schedule is subject to amendment from time to time as the need arises by the Beretitenti and Cabinet. And likewise the salaries, entertainment allowances, etc., as specified in the Schedule may be determined and amended accordingly.

Michael N. Takabwebwe
The Attorney General