“scheme of commercialisation or privatisation” means a scheme or arrangement whereby a function performed by a department or branch of the Government is transferred or taken on by a successor organisation, and assets employed by that department or branch of the Government in the performance of that function are transferred to the successor organisation; “successor organisation” means a body corporate or fund to which assets pertaining to any department or branch of the Government have been transferred pursuant to a scheme of commercialisation or privatisation. (2) Except as otherwise provided in the enactment governing the formation of the successor organisation concerned, this section shall apply to the engagement by every successor organisation on the date of its formation of members of the Public Service. (3) Members of the Public Service who were employed in the department or branch of the Government which is transferred to or taken on by a successor organis ation and are engaged by the organisation on the date of its formation shall be entitled to continue contributing towards a pension in terms of the Public Service (Pensions) Regulations, 1992 (Statutory Instrument 124 of 1992), or any other enactment, subject to such terms and conditions as the Public Service Commission may fix with the approval of the Minister and the successor organisation’s governing body. (4) Terms and conditions fixed in terms of subsection (3) may provide for— (a) payments by the company to the Consolidated Revenue Fund to compensate the State, wholly or partially, for pensions and other benefits paid or payable to or in respect of members of the Public Service engaged by the successor organization; and (b) the application, non-application or modification of the provisions of the Public Service (Pensions) Regulations, 1992 (Statutory Instrument 124 of 1992), in regard to members of the Public Service engaged by the successor organisation. [Section inserted by section 9 of Act 16 of 2001] 32B Restriction on right of privatised organisations to engage certain former employees of the State (1) Notwithstanding any other law, a person who— (a) while a member of the Public Service, was afforded an opportunity of engagement on reasonable terms by a successor organisation and declined to avail himself of the opportunity; and (b) subsequently left the Public Service and, as a consequence, became entitled to pension benefits in respect of the termination of his service; shall not be engaged in any capacity by that successor organisation for a period of ten years from the date on which he left the Public Service, unless the Public Service Commission consents to his engagement. (3) Without limiting the generality of subsection (2), terms of engagement shall be regarded as reasonable for the purposes of paragraph (a) of that subsection if on balance they are at least as favourable to the person to whom they are offered as the terms and conditions of his employment in the Public Service. [Section inserted by section 9 of Act 16 of 2001] 33 Savings (1) Any regulations which were made or deemed to have been made by the Commission before the 15th March, 1996, and which were in force immediately before that date shall, to the extent that they relate to the Public Service, be deemed to have been made by the Commission or the Minister in terms of section thirty-one or thirty-two, as the case may be. (2) Anything which was lawfully made, done or commenced before the 15th March, 1996, by or on the authority of the commission in relation to the Public Service and which, immediately before that date, had or was capable of acquiring legal effect shall, on and after that date, continue to have or be capable of acquiring, as the case may be, the same effect as if it had been made, done or commenced by or on the authority of the Commission, the Minister or an appropriate Minister or other authority in terms of the appropriate provision of this Act.