This Act may be cited as the Government Service Tribunal Amendment Act, 1950, and shall be read together with and deemed part of the Government Service Tribunal Act, 1948 (hereinafter referred to as the principal Act).

In this Act, unless the context otherwise requires,—

Without limiting the generality of the foregoing definition of the term “determination”, it is hereby declared that if in the regrading of officers of the Public Service referred to in section three of this Act the scale of salaries or wages of any grade, division, or occupational class of employees or of any subdivision of any such grade, division, or occupational class is not altered by the Commission, that fact shall be deemed for the purposes of this Act to be a determination of the Commission.

Notwithstanding anything in the principal Act, but subject to the provisions of this Act, the Commission, when regrading officers of the Public Service in the year nineteen hundred and fifty-one, pursuant to section seventeen of the Public Service Act, 1912, may exercise the powers conferred on it by the last mentioned Act or any other enactment in all respects as if the principal Act were not in force.

Every determination of the Commission made for the purposes of the regrading shall be published in the Gazette or in the Public Service Official Circular.

At any time within three months after the date of the publication of any determination under section three of this Act, any service organization, being a service organization of which any member is affected by the determination, may apply in writing to the Government Service Tribunal for an order varying or cancelling the determination.

On any such application the Tribunal may make an order varying, cancelling, or confirming the determination. Every order so made by the Tribunal shall be deemed for the purposes of the principal Act to be a principal order.

If in respect of any determination of the Commission under section three of this Act no application is made to the Tribunal under this section, the determination shall, as from the date from which it takes effect, be deemed to be a principal order made by the Tribunal under the principal Act, and the provisions of the principal Act shall, with all necessary modifications, apply to it accordingly.

Pending the decision of the Tribunal in respect of any application under this section, every determination to which the application relates shall have full force and effect:

Provided that the Commission may, at any time before the hearing of the application, vary or rescind the determination; and in any such case all proceedings in connection with the application may be continued and completed, subject to such amendments as may be made under section thirteen of the principal Act, as if they had been commenced after the variation or rescission.

The provisions of the principal Act, except subsection three of section eight and subsection three of section eleven, shall apply with respect to every application under this section in all respects as if the application were an application for a principal order.

Notwithstanding anything in subsection one of section seventeen of the Public Service Amendment Act, 1927, no officer shall have any right of appeal under that section against any determination of the Commission under this Act in respect of which any service organization is entitled to apply to the Tribunal under section four of this Act.

Section eleven of the principal Act is hereby amended by inserting in subsection seven, after the words “every service organization”, the words “or controlling authority”.

Section nineteen of the principal Act is hereby amended by omitting from subsection three the words “and shall be published in the Gazette”.

The said section nineteen is hereby further amended by adding the following subsection:—