NIGERIAN RAILWAY CORPORATION ACT

Section 49: Transfer of railway staff to employment with the Corporation

1955Section 49 of 99Federal Republic of Nigeria

(1) In this section, the expression "officer" means a person seconded from the service of the Government of the Federation, pursuant to the provisions of subsection (2) of this section.
(2) The Corporation shall, subject to the provisions of this section, employ such persons, being persons on the established staff of the Government of the Federation and serving in the Government railway undertaking immediately before the vesting day, as may be seconded by the Federal Civil Service Commission, from the service of that Government to the service of the Corporation on the vesting day.
(3) The Federal Civil Service Commission may, at any time, determine the secondment of an officer, but no request by the Corporation to the Commission for the determination of the secondment of an officer shall be made, unless the Corporation shall first have given to the officer, notice in writing of the intention to make such request.
(4) At any time within the period of fifteen months next following the vesting day, the Corporation shall, by notice in writing, which may be sent by post or otherwise, offer to every officer remaining seconded to the service of the Corporation at that time, employment by the Corporation upon such terms and such conditions as may be agreed between the Federal Civil Service Commission and the Corporation.
(5) The Corporation shall not offer employment to any officer, except upon terms and conditions certified under the hand of the chairman of the Federal Civil Service Commission, to be in the opinion of the Federal Civil Service Commission, not less favourable than those enjoyed by the officer at the date of such offer.
(6) The Federal Civil Service Commission shall not decline so, to certify the terms and conditions comprised in any offer, merely because they are not in all respects identical with or superior to the terms and conditions enjoyed by the officer concerned at the date of such offer, if the first-mentioned terms and conditions, taken as a whole, in opinion of the Federal Civil Service Commission, offer substantially equivalent or greater benefits.
(7) Unless the Corporation, with the approval of the Minister, otherwise directs, any officer to whom an offer of employment is made in pursuance of this section and who fails within nine months thereafter, to give to the Corporation, an unqualified acceptance in writing of the offer, shall be deemed to have refused the offer.
(8) If an officer refuses an offer of employment made to him in pursuance of this section, the obligation imposed upon the Corporation by subsection (2) of this section to employ the officer shall thereupon determine.
(9) When an officer accepts an offer of employment made in pursuance of this section, his service with the Corporation shall be deemed to have commenced, and his service with the Government of the Federation to have ceased, upon the expiration of the period of fifteen months next following the vesting day.
(10) Every person employed by the Government of the Federation and serving in the Government railway undertaking, other than a person on the established staff of that Government or a person employed under a contract whereby he receives an annual salary, shall cease to be in the employment of that Government on the day immediately preceding the vesting day and shall be deemed to be employed by the Corporation, with effect from the vesting day, on the same terms and conditions as those on which he was employed immediately before the vesting day.
(11) For the avoidance of doubt, it is hereby declared that, in the exercise of any powers conferred upon him by this section, the Minister may act in this discretion.

Cite this section

Section 49, NIGERIAN RAILWAY CORPORATION ACT (1955).

https://repo.podus.ai/laws/nigerian-railway-corporation-act/section/49/