Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005
No: 21 Dated: May, 12 2006
THE MAHARASHTRA GOVERNMENT SERVANTS REGULATION OF TRANSFERS AND PREVENTION OF DELAY IN DISCHARGE OF OFFICIAL DUTIES ACT, 2005
ACT NO. XXI OF 2006
An Act to provide for regulation of transfers of Government Servants and prevention of delay in descharge of official duties.
WHEREAS, both Houses of the State Legislature were not in session ; AND WHEREAS, the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action for the purposes hereinafter appearing ; and, therefore, promulgated the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Ordinance, 2003, on the 25th August 2003 ;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature with certain amendments ; it is hereby enacted in the Fifty-sixth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1.Short title commence- ment and application:- (1) This Act may be called the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005.
(2) It shall come into force of such date as the State Government may, by notification in the Official Gazatte, appoint.
(3) It shall apply to all Government servants in the State services including the All India Service Officers of the Maharashtra Cadre :
Provided that, Chapter II shall not apply to the employees appointed on non-transferable posts in isolated cadres employees on the Police Force constituted under section 3 of the Maharashtra Police Act including the Indian Police Service Officers of the Maharashtra cadre and to the employees under the administrative control of the Judiciary.
2. Definition:- In this Act, unless the context otherwise requires,—
(a) “ Citizens Charter’’ means a list of facilities or services rendered by the Office or Department, together with the time limit for providing such facility or services to the general public ;
(b) “competent authority” means the appointing authority of the Government servant and shall include the transferring authority specified in section 6 ;
(c) “Department” or “Administrative Department” means the Department of the Government of Maharashtra as specified in the First Schedule to the Maharashtra Government Rules of Business ;
(d) “Government” or “State Government” means the Government of Maharashtra ;
(e) “Group A, B, C and D Posts” means the posts under the Government classified as Group A, B, C and D posts by Government order, from time to time ;
(f) “Government servant” means a Government servant or employee as defined in rule 2 (b) of the Maharashtra Civil Services (Conduct) Rules, 1979, and shall include the All India Service Officers and employees (other than the judicial officers) under the administrative control of the Judiciary 1 but does not include the employees in the Police Force constituted under section 3 of the Maharashtra Police Act and the Indian Police Service Officers of the Maharashtra Cadre so far as the application of the provisions of Chapter II are concerned
(g) “post” means the job or seat of duty to which a Government servant is assigned or posted ;
(h) “secretariat services” means the State services belonging to the Mantralaya Departments ;
(i) “Transfer” means posting of a Government servant from one post, office or Department to another post, office or Department ;
(j) “Transferring authority“ means the authorities mentioned in section 6.
CHAPTER II
TENURES OF POSTING AND TRANSFER AND TRANSFERRING AUTHORITY
3. Tenure of posting:- (1) For All India Service Officers and all Groups A, B and C State Government Servants or employees, the normal tenure in a post shall be three years :
Provided that, when such employee is from the non-secretariat services, in Group C, such employee shall be transferred from the post held, on his completion of two full tenures at that office or department, to another office or Department :
Provided further that, when such employee belongs to secretariat services, such employee shall not be continued in the same post for more than three years and shall not be continued in the same Department for more than two consecutive tenures.
(2) Employees in Group D shall normally not be subjected to fixed tenure. They shall not be transferred out from the station where they are serving except on request when a clear vacancy exists at the station where posting is sought, or on mutual transfer, or when a substantiated complaint of serious nature is received against them.