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ANNEX E
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ANNEX E

SECTION 1

1. Save as provided in Annex B to this Treaty and in the next following paragraph, all property of the Government of the Colony of Cyprus shall on the date of entry into force of this Treaty become subject to the provisions of the Constitution of the Republic of Cyprus, the property of the Republic of Cyprus.

2. Save as provided in Annex B to this Treaty, the following property of the Government of the Colony of Cyprus shall on that date become the property of the appropriate authorities of the United Kingdom, that is to say ­
 

    (a) immovable property situate in the Akrotiri Sovereign Base Area or the Dhekelia Sovereign Base Area;

    (b) tangible movable property which normally is in the Akrotiri Sovereign Base Area or the Dhekelia Sovereign Base Area;

    (c) intangible movable property which is necessary for the enjoyment of or otherwise relates to any property specified in sub­paragraph (a) or (b) of this paragraph or which relates to any other immovable property situate in the Akrotiri Sovereign Base Area or the Dhekelia Sovereign Base Area, to the extent that it so relates.

3. The transfer of property under this Section shall not affect the rights of other persons or groups of persons in respect of that property.

4. In this Section:
 

    (a) " property " means ­
     
      (i) property, whether movable or immovable, tangible or intangible;

      (ii) rights of every description;
       

    (b) a reference to specific property includes a reference to rights in, over, or related to that property; and

    (c) " property of the Government of the Colony of Cyprus " means property vested in that Government or in Her Britannic Majesty for the purposes of that Government or in some other person or authority on behalf of that Government immediately before the date of entry into force of this Treaty. It is understood that the property of public utility corporations does not fall within this sub­paragraph.

 

SECTION 2

Save as provided in Annex B to this Treaty and in the next following paragraph, and except in so far as special arrangements may have been made before the date of entry into force of this Treaty to discharge certain such liabilities, all legal liabilities and obligations incurred by or on behalf of the Government of the Colony of Cyprus and subsisting immediately before the date of entry into force of this Treaty shall have effect as from that date as if they were incurred by or on behalf of the Republic of Cyprus.
Save as provided in Annex B to this Treaty, legal liabilities and obligations incurred by or on behalf of the Government of the Colony of Cyprus and subsisting as aforesaid shall, to the extent that they were incurred in relation to property which passes to the United Kingdom under this Annex, take effect as from the date aforesaid as if they were incurred by or on behalf of the United Kingdom.
3. In this Section, " legal liabilities and obligations incurred by or on behalf of the Government of the Colony of Cyprus
 

    (a) means ­
     
      (i) any liability or obligation which, at the time when it was incurred, would, under the law of the Colony of Cyprus, have been enforceable by an action against the Crown m right of the Government of that Colony, whether or not it would have been enforceable without the consent of the Governor of the Colony; and any liability or obligation which, at the time when it was incurred, gave rise, under the law of the Colony of Cyprus, to a cause of action in tort against a servant of the Crown in right of the Government of that Colony and in respect of which the Crown would, in practice, have stood behind that servant for the purpose of satisfying any judgment against him and

    (b) includes any obligations undertaken by the Government of the Colony of Cyprus in respect of ­
     

      (i) annual payments to the authority for the time being responsible for the Evcaf Office and vakfs made under and m accordance with legislation in force immediately before the date of entry into force of this Treaty, for or in respect of the abolition of vakfs. idjaretein and arazi mevkoufe takhsisat;; and

      (ii) loans made by the Government of the United Kingdom uncle certain United Kingdom statutes, namely, the Colonial Development and Welfare Acts, 1940 to 1959, and the Colonial Development and Welfare Act, 1959.

 

SECTION 3

Nothing in this Treaty contained shall preclude any person from claiming through the court any remedy to which he may have been entitled immediately before the date of entry into force of this Treaty in respect of any chiftlik compulsorily acquired by or on behalf of the Government of the Colony of Cyprus. Nothing in this Section shall be construed as giving any right of action against the Government of the United Kingdom.
 

SECTION 4

Nothing in Sections 1 and 2 of this Annex shall prevent the conclusion of any special agreement or arrangement by the Republic of Cyprus and the United Kingdom with respect to the transfer or apportionment of any particular property, liability or obligation that was immediately before the date of entry into force of this Treaty property or a liability or obligation of the Government of the Colony of Cyprus.
 

SECTION 5

The arrangements concerning the pensions and other rights of or in respect of certain public officers who prior to the date of entry into force of this Treaty were or had been in the public service of the Colony of Cyprus, and concerning the conditions of service, pensions and other rights of and in respect of certain public officers who continue on or after that date to serve in the public service of the Republic of Cyprus shall be those set out in the Schedule to this Annex.
 

SCHEDULE OF ARRANGEMENTS RELATING TO CERTAIN PUBLIC OFFICERS

With reference to Section 5 of Annex E to this Treaty the matters referred to in that Section are set out in this Schedule.

1. ­ (1) References in this Schedule to an officer are references to a person who, before the date of this Treaty, was the substantive holder of a pensionable office in the public service of the Colony of Cyprus, being a person ­
 

    (a) who was selected for or offered appointment to the public service of the Colony of Cyprus by a Secretary of State; or

    (b) whose appointment was approved by a Secretary of State; or

    (c) who was appointed under an agreement with the Crown Agents for Oversea Governments and Administrations to service in any such office; or

    (d) who, although not a person falling within sub­paragraph (a), (b) or (c) of this paragraph, is or has been a member of Her Majesty's Oversea Civil Service or Her Majesty's Overseas Judiciary or has been an officer in the public service of the Colony of Cyprus and as been granted retiring benefits under the Cyprus (Retiring Provisions) Order in Council, 1960, as amended by the Cyprus (Retiring Provisions) (Amendment) Order in Council, 1960.

(2) In this Schedule: " pension " means ­
 

    (a) any pension, gratuity, or similar retiring allowance payable by the Republic of Cyprus to or in respect of any officer, including any increase of pension, and any retiring benefits due under the Cyprus (Retiring Provisions) Order in Council, 1960, as amended by the Cyprus (Retiring Provisions) (Amendment) Order in Council, 1960; and
    (b) any pension payable to the widow or child of an officer and any contributions repayable and interest payable to an officer under any law providing for payment of pensions to widows and children of officers;

    " substantive holder " in relation to an office includes a person serving in that office on probation;
    " the date of this Treaty means the date on which this Treaty enters into force;
    " Constitution of the Republic of Cyprus" means the Constitution of the Republic of Cyprus in force on the date of this Treaty.

2. ­ (1) An officer who continues to serve in the public service of the Republic of Cyprus on or after the date of this Treaty, or who immediately before that date, being in the public service of the Colony of Cyprus, was on leave prior to transfer or retirement, shall have the rights relating to terms and conditions of service prescribed in paragraphs 1, 6 and 7 of Article 19 of the Constitution of the Republic of Cyprus.

(2) The Public Service Commission established by the public service provisions of the Constitution of the Republic of Cyprus shall exercise, in respect of an officer who continues to serve in the public service of the Republic of Cyprus on or after the date of this Treaty, the duties imposed upon the Commission by such provisions on equal terms with other public officers.

3. Paragraphs 1, 6 and 7 of Article 192, Article 193 and Article 194 of the Constitution of the Republic of Cyprus shall apply to the eligibility and right to receive a pension ­
 

    (a) of an officer who continues to serve in the public service of the Republic of Cyprus on and after the date of the coming into operation of the Constitution, or who immediately before that date, being in the public service of the Colony of Cyprus, was on leave prior to transfer or retirement, and of the widow, children, dependents, and personal representatives of such officer, and

    (b) of a person who has been and has ceased to be in the public service of the Colony of Cyprus before the coming into operation of the Constitution, and of the widow, children, dependents, or personal representatives of such person;

    and pensions to such officers and other persons shall be granted and paid accordingly.

4.­(1) Pensions paid outside the Island of Cyprus on or after the date of this Treaty shall be paid in sterling and shall be calculated at the official] rate of exchange prevailing on the date of this Treaty between the pound sterling and the currency in use in the Republic of Cyprus notwithstanding an: variation in that rate:

Provided that if there is a general revision of salaries consequent upon revaluation of the currency of the Republic of Cyprus as a result of which the pensionable emoluments of an officer may be increased, the Government of the Republic of Cyprus may require that officer to agree that any pension the may be granted to him shall be calculated at the rate of exchange prevailing at the date of the salaries revision before granting him the benefit of the increase of pensionable emoluments.

(2) Every pensioner who has been granted or is being paid a pension before the date of this Treaty shall exercise within one year after that date an option as to whether his pension and any pension that may in due course become payable to his widow, children, dependents or personal representatives shall b paid in the Island of Cyprus or outside the Island of Cyprus:

Provided that where no option is exercised by an officer who is being paid a pension within one year after that date an option shall be deemed to have been exercised for the payment of the pension either in the Island of Cyprus or outside the Island of Cyprus according to where it was being paid on that

(3) Every officer eligible for a pension who retires on or after the date of this Treaty shall exercise before the award of his pension or within one year after the date of this Treaty, whichever is the later, an option as to whether his pension, and any pension that may become payable to his widow, children dependents or personal representatives, shall be paid in the Island of Cyprus or outside the Island of Cyprus.

(4) Where, upon the death of any person, a pension becomes payable to his widow, children or any dependent, or to his personal representatives, an option as to whether the pension shall be paid in the Island of Cyprus or outside the Island of Cyprus ­
 

    (a) may be exercised, within one year after the death of that person, by the

    (b) shall, if so exercised, be substituted for the option (if any) exercised by that person under sub­paragraph (2) or sub­paragraph (3) of this paragraph.

(5) Where an option is exercised in accordance with this paragraph for the payment in sterling of a pension outside the Island of Cyprus, the pension may be paid anywhere outside the Island of Cyprus, according as the pensioner by notice in writing may from time to time request, or, if the pensioner becomes resident in the Island of Cyprus and so requests by notice in writing may be paid m the Island of Cyprus.

(6) An option exercised in accordance with this paragraph
 

    (a) shall be exercised by notice in writing; and

    (b) shall be deemed to have been exercised on the date on which the notice ' is received.
     

(7) In this paragraph, " pensioner" means the person entitled to the payment of a pension or, if that person is a minor, means his or her lawful

(8) This paragraph shall apply only to officers as described in subparagraphs (1) (a), (1) (b) and (1) (c) of paragraph 1 of this Schedule who have before the date of this Treaty retired or transferred or been required or granted permission to retire or transfer, as the case may be, from the public service of the Colony of Cyprus, and to the widows, children, dependents and personal representatives of such officers.

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