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(1) The President shall in accordance with the advice of the Commission given in consultation with the Public Services Commission and within such period as the President shall determine upon the coming into force of this Act, transfer to the Commission such number, as the President may determine, of personnel employed immediately before the coming into force of this Act by any of the bodies, agencies and offices dissolved under section 31.

(2) Where a person to whom subsection (1) applies is not transferred under the subsection the appointing authority shall deal with the appointment as he considers fit including payment of the applicable retirement benefits and severance awards.

(3) The President may delegate his power under subsections (1) and (2) to the Commission a member of the Commission or to any public officer.

(4) A transfer to the Commission shall for the purposes of pension or other retirement benefits constitute a continuous service in the public service.

(5) The terms and conditions of service of a person transferred to the Commission under sub- clause (1) shall not be less favourable than those applicable to him immediately before the coming into force of this Act.