UTTARAKHAND ANNUAL TRANSFER FOR PUBLIC SERVANTS ACT, 2011
No: 21 Dated: Oct, 12 2011
THE UTTARAKHAND ANNUAL TRANSFER FOR PUBLIC SERVANTS ACT, 2011
(UTTARAKHAND ACT NO. 21 OF 2011] .
An act to determine a procedure for proper, impartial, objective and transparent annual transfers etc. of Uttarakhand Public Servants.
Be it enacted by the Legislature of State of Uttarakhand in the Sixty Second Year of the Republic of India as follows: --
1. Short title and Commencement and Application :- (1) This Act may be called the Uttarakhand Annual Transfer for Public Servants Act, 2011.
(2) It shall come into force at once.
(3) This Act shall be applicable for all services under the control of State except All India Services, State Civil Services and State Police Services, and the State Government may by notification, apply it to the Corporation, Board and Local Bodies.
2. Overriding effect :- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law before the commencement of this Act.
3.Definitions :- In this Act, unless there is anything repugnant in the subject or context :-
(a) "Constitution" means "the Constitution of India";
(b) “Government" means the Government of Uttarakhand;
(c) “Governor" means the Governor of Uttarakhand;
(d) “Serious patient” means any employee suffering from a serious diseases and its include Cancer, Blood Cancer, AIDS/HIV(positive), Heart disease (By pass surgery), Kidney disease (dependent on the dialyses due to failures of both the kidneys), Tuberculosis (both the lungs are damaged), SARS (third stage);
(e) “Disability” means such disabilities which include total blindness, legs without both feet or one incomplete foot or paralyzed (one hand or one foot);
(f) "Certificate of Competent Authority" means a certificate issued by the All India Medical Institute, Post-Graduate Institute of Medical Sciences or Medical Board or equivalent Medical Institute and certificate issued by Competent Authority as provided in the relevant Act for disabilities;
(g) “Fitness certificates” means certificate issued by the Medical Board/Competent Authority for being fit to discharge his/her duty by the employee of serious disease or disability category inspite of his/her being under treatment/disabled;
(h) "Senior employee" means an employee of the age of 55 years or above; "Accessible and Remote areas" means accessible and remote areas mentioned district wise under this Act in Annexure 1, 2 and 3; "Place of posting or site of posting” means place of posting site of posting at the time of consideration for transfer of the employee.
4. Classificaton of employees for posting :- The employees shall be classified in the following categories for their posting; namely:
(1) such employees for whom there is provision to be posted from district Headquarter to village level;
(2) such employees for whom there is provision to be posted at district headquarter, tahsil headquarter, development block headquarter and local bodies headquarter;
(3) such employees for whom there is provision to be posted only at district headquarter
5. Identification and disclosure of accessible and remote areas :- Head of the office/ Head of the department as the case may be, of each department shall proceed to identify the place of postings under accessible and remote areas in accordance with the classification provided in section 4 and take such measures for its disclosure including display on the website of Uttarakhand, as may be necessary for wide circulation and publication. . .
6. Types of Annual transfer :- There shall be following types of Annual transfer; namely :
(a) compulsory transfer from accessible area to remote area;
(b) compulsory transfer from remote area to accessible area; and
(c) transfer on the basis of request