Maharashtra Government Servants Regulation of  Transfers
and Prevention of  Delay in Discharge of
Official Duties Act, 2005.

GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XXI OF 2006

THE MAHARASHTRA GOVERNMENT SERVANTS
REGULATION OF TRANSFERS AND
PREVENTION OF DELAY IN DISCHARGE OF
OFFICIAL DUTIES ACT, 2005.

(As modified upto the 17th July 2018)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND PUBLISHED BY THE
DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS MAHARASHTRA STATE,
MUMBAI 400 004

2018

[ Price : Rs. 27.00 ]

2006 : Mah. XXI]

Maharashtra Government Servants Regulation of  Transfers
and Prevention of  Delay in Discharge of
MAHARASHTRA  GOVERNMENT  SERVANTS
Official Duties Act, 2005.
REGULATION OF TRANSFERS AND PREVENTION
OF DELAY IN DISCHARGE OF OFFICIAL DUTIES ACT, 2005.

(i)

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER  I

PRELIMINARY

1. Short title, commencement and application.

2. Definitions.

CHAPTER II

TENURES OF POSTING AND TRANSFER  AND
TRANSFERRING AUTHORITY

3. Tenure of posting.

4. Tenure of Transfer.

5. Extension of tenure.

6. Transferring Authority.

7. Publication of list of comptent authority.

CHAPTER III

PREVENTION OF  DELAY IN DISCHARGE OF
OFFICIAL DUTIES

8. Citizens Charter.

9. Delegation of Powers.

10. Disciplinary action.

11. Non-application of provisions of section 10 in certain circumstances.

12. Administrative Audit.

CHAPTER  IV
MISCELLANEOUS

13. Protection of action taken in good faith.

14. Power to make rules.

15. Power to remove difficulties.

16. Repeal of Mah. Ord. IX of 2003 and saving.

H 690—1

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2006 : Mah. XXI]

Maharashtra Government Servants Regulation of  Transfers
and Prevention of  Delay in Discharge of
MAHARASHTRA ACT NO. XXI  OF  20061
Official Duties Act, 2005.

12279
1

THE MAHARASHTRA GOVERNMENT SERVANTS REGULATION OF TRANSFERS
AND PREVENTION OF DELAY IN DISCHARGE OF OFFICIAL DUTIES ACT, 2005.]

(This Act received the assent of the Governor on the 9th May 2006 ;
assent was first published in the Maharashtra Government Gazette,
Extraordinary Part IV, on the 12th May 2006.)

Amended by, Mah. 13 of 2007 (20-04-2007)*

Amended by Mah. 16 of 2014 (25-06-2014)*

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

Mah.  Ord.  IX
of  2003.

1.

(1) This Act may be called the Maharashtra Government Servants
Regulation of Transfers and Prevention of Delay in Discharge of Official
Duties Act, 2005.

Short title
commence-
ment and
application.

XIII of 1951.

(2) It shall come into force of such date2 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 3[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.4***

In this Act, unless the context otherwise requires,—

2.
(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 ;

Definition.

1 . For Statement of Objects and Reasons (English), see Maharashtra Government Gazette, Extraordinary,

No. 49, Part V-A, dated the 9th December 2003, p. 349.

* This indicates the date of commencement of the Act.
2 . This Act was brought into force by G. N., G.A.D., No. SRV 2004/CR 15/2004/12, dated 25th May

2006, w.e.f. 1st July 2006.

3 . These words and figures were inserted by Mah. 16 of 2014, s.2.
4 . The words “and Chapter III shall not apply to All India Service Officers of the Maharashtra Cadre”

were deleted by Mah. 13 of 2007, s. 2.

(G.C.P.)  H  690—2  (4,068—7-2018)

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and Prevention of  Delay in Discharge of
Official Duties Act, 2005.

[2006 : Mah. XXI]

(b) “competent authority” means the appointing authority of the Gov-
ernment servant and shall include the transferring authority specified in
section 6 ;

(c) “Department” or “Administrative Department” means the Depart-
ment of the Government of Maharashtra as specified in the First Sched-
ule 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 Govern-
ment 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 un-
der section 3 of the Maharashtra Police Act and the Indian Police Service
Officers of the Maharashtra Cadre so far as the application of the provi-
sions of Chapter II are concerned]

(g) “post” means the job or seat of duty to which a Government ser-

vant 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 sec-

tion 6.

CHAPTER II

XXII  of  1951.

TENURES OF POSTING AND TRANSFER AND TRANSFERRING AUTHORITY

Tenure  of
posting.

3.

(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.

1. These  words  and  figures  were  added  by  Mah.  16  of  2014,  s.  3.

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Tenure  of
transfer.

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Maharashtra Government Servants Regulation of  Transfers
and Prevention of  Delay in Discharge of
Official Duties Act, 2005.

4.

(1) No Government servant shall ordinarily be transferred unless he

has completed his tenure of posting as provided in section 3.

(2) The  competent  authority shall  prepare  every  year  in the  month  of
January, a list of Government servants due for transfer, in the month of April
and May in the year.

(3) Transfer list prepared by the respective competent authority under
sub-section (2) for Group A Officers specified in entries (a) and (b) of the table
under  section  6  shall  be  finalised  by  the  Chief  Minister  or  the  concerned
Minister,  as  the  case  may  be,  in  consultation  with  the  Chief  Secretary  or
concerned Secretary of the Department, as the case may be :

Provided that, any dispute in the matter of such transfers shall be decided

by the Chief Minister in consultation with the Chief Secretary.

(4) The transfers of Government servants shall ordinarily be made only

once in a year in the month of April or May :

Provided  that,  transfer  may  be  made  any  time  in  the  year  in  the

circumstances as specified below, namely :—

(i) to the newly created post or to the posts which become vacant due to
retirement, promotion, resignation, reversion, reinstatement, consequential
vacancy on account of transfer or on return from leave ;

(ii) where the competent authority is satisfied that the transfer is essential
due to exceptional circumstances or special reasons, after recording the same
in writing and with the prior approval of the next higher authority.

(5) Notwithstanding anything contained in section 3 of this section, the
comptent authority may, in special cases, after recording reasons in writing
and with the prior 1[approval of the immediately superior].Transferring Authority
mentioned in the table of section 6, transfer a Government servant before
completion of his tenure of post.

5.

(1) The tenure of posting of a Government servant or employee laid
down in section 3 may be extended in exceptional cases as specified below,
namely :—

Extension  of
tenure.

(a) the employee due for transfer after completion of tenure at a station of

posting or post has less than one year for retirement ;

(b) the  employee  possesses  special  technical  qualifications  or
experience for the perticular job and a suitable replacement is not immediately
available ; and

(c) the  employee  is  working  on  a  project  that  is  in  the  last  stage  of
completion, and his withdrawal will seriously jeopardise its timely completion.

1 . These  words  were  substituted  for  words  ‘‘ permission  of  the  immediately  preceding  Competent ’’  by

Mah.  13 of 2007, s. 3.

 H 690—2a

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Maharashtra Government Servants Regulation of  Transfers
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Official Duties Act, 2005.

[2006 : Mah. XXI]

(2) Notwithstanding  anything  contained  in  section  3  or  any  other
provisions of this Act, to ensure that the Government work is not adversly affected
on account of large scale transfers of Government servants from one single
Department or office, not more than thirty per cent. of the employees shall be
transferred from any office or Department at a time, in a year.

Trasnferrring
Authority.

6. The  Government  servants  specified  on  column  (1)  of  the  table
hereunder may be transferred by the Transferring Authority specified against
such Government servants in column (2) of the table.

TABLE

Groups of Government
servants
(1)

Competent Transferring
Authority
(2)

(a) Officers of all India Services, all
Officers of State Services in
Group “A” having pay-scale of
Rs. 10,650-15,850 and above.

Chief Minister

(b) All Officers of State Services in

Minister-in-charge
Group “A” having pay-scales less in consultation with
than Rs. 10,650-15,850 1[and all
Gazetted Officers] in Group “B”.

Secretaries of the
concerned Departments.

(c) All 2[Non-Gazetted employees in Heads of Departments.

Group “B” and “C” ].

(d) All employees in Group “D”.

Regional Heads of
Departments :

Provided that, in respect of officers in entry (b) in the table working at the
Divisional or District level, the Divisional Head shall be competent to transfer
such officers within the Division, and the District Head shall be competent to
transfer such officers within the District :

Provided further that, the Competent Transferring Authority specified in
the table may, by general or special order, delegate its powers under this section
to any of its subordinate authority.

Publication of
list of
competent
authority.

7. Every Administrative Department of Mantralaya  shall for the purposes
of this Act prepare and publish a list of the Heads of Departments and Regional
Heads  of  Departments  within  their  jurisdiction  and  notify  the  authorities
competent to make transfers within their jurisdiction for the purposes of this
Act.

1 These words were substituted for the words “and all Officers” by Mah. 13 of 2007, s. 6(a).
2 These words were substituted for the words “employees in Group “C”, ibid.,, s. 6(b).

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Maharashtra Government Servants Regulation of  Transfers
and Prevention of  Delay in Discharge of
Official Duties Act, 2005.

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CHAPTER III

PREVENTION oF DELAY IN DISCHARGE oF OFFICIAL DUTIES

8.

(1) Every office or Department shall prepare and publish Citizens
Charter within a period of six months from the date of commencement of this
Act.

Citizens Charter.

(2) If no final decision is taken within the period specified in the Citizens
Charter by the concerned authorities, the responsibility for inaction shall be
fixed on them and an action mentioned in the relevant Act, rules or regulations
shall be taken against them.

9.

(1) The Head of every Office or Department shall publish the list of
powers delegated to the subordinate officers, working under them, for taking
final decision.

Delegation of
Powers.

(2) The Head of every Office or Department shall determine as far as
possible  three  levels  of  submission  for  taking  final  decision  on  all  matters
pertaining to that Office or Department.

(3) Lists of powers delegated to the subordinate officers and the levels of
submission shall be prepared and published within one year from the date of
commencement of  this Act  and shall  be updated  on the  1st April  of every
succeeding year.

10.

(1) Every Government servant shall be bound to discharge his official
duties and the official work assigned or pertaining to him most deligently and
as expeditiously as feasible :

Disciplinary
action.

Provided that, normally no file shall remain pending with any Government

servant in the Department or Office for more than seven working days :

Provided further that, immediate and urgent files shall be disposed of as
per the urgency of the matter, as expeditiously as possible, and preferably the
immediate file in one day or next day morning and the urgent file in four days :

Provided also that, in respect of the files not required to be referred to any
other  Department,  the  concerned  Department  shall  take  the  decision  and
necessary action in the matter within forty-five days and in respect of files
required to be referred to any other Department, decision and necessary action
shall be taken within three months.

(2) Any wilful or intentional delay or negligence in the discharge of official
duties  or  in  carrying  out  the  official  work  assigned  or  pertaining  to  such
Government  servant shall  amount  to dereliction  of  official  duties and  shall
make such Government servant liable for appropriate 1.[disciplinary action under
the All India Services (Discipline and Appeal) Rules, 1969, the] Maharashtra
Civil  Services  (Discipline  and  Appeal)  Rules,  1979  or  any  other  relevant
disciplinary rules applicable to such employee.

1 . These words were substituted for the words ‘‘ disciplinary action under the ’’ by Mah. 13 of 2007, s. 5.

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Maharashtra Government Servants Regulation of  Transfers
and Prevention of  Delay in Discharge of
Official Duties Act, 2005.

[2006 : Mah XXI]

Non-
application  of
provisions of
section 10 in
certain
circumstances.

(3) The concerned competent authority on noticing or being brought to its notice
any such dereliction of duties on the part of any Government servant, after satisfying
itself  about  such  dereliction  on  the  part  of  such  Government  servant  shall,  take
appropriate disciplinary action against such defaulting Government servant under
the relevant disciplinary  rules including taking entry relating to such dereliction of
duty in the Annual Confidential Report of such Government servant.

11. Nothing in section 10 shall apply to, ––

(i) sub-judice matters ;

(ii)

cases  referred  to  Lokayukta  or  Upa-Lokayuktas  and  other

Constitutional institutions, Commissions, etc. ;

(iii) quasi-judicial matters;

(iv) cases related to Central or other State Governments;

(v) cases related to Legislation ;

(vi) cases involving major policy decisions.

Administrative
Audit.

12. Within  12  months  from  the  date  of  coming  into  effect  of  the  Act,  the
Government will set up a mechanism for carrying out an administrative audit to see
that the provisions under the Act are observed.

CHAPTER  IV

MISCELLANEOUS

Protection of
action taken
in good faith.

Power to
make rules.

13. No  suit,  prosecution  or  other  legal  proceedings  shall  lie  against  any
Government servant or officer for anything done or purported to have been done   in
good faith in pursuance of the provisions of this Act or the rules made thereunder.

14.

(1) The State Government may, by notification in the Official Gazette, and
subject to the condition of previous publication, make rules to carry out the purposes
of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be, after it is
made, before each House of the State Legislature, while it is in session for a total
period of thirty days, which may be comprised in one session or in two or  more
successive sessions, and if, before the expiry of the session in which it is so laid or
the session or sessions immediately following, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, and
notify their decision to that effect in the Official Gazette, the rule shall, from the date
of  publication  of  such  decision  in  the Official  Gazette,    have  effect  only  in  such
modified form or be of no effect, as the case may be; so, however, that any such
modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything
previously done or omitted to be done under that rule.

Power to
remove
difficulties.

15.

(1) If any difficulty arises in giving effect to the provisions of this Act, the
Government may, as occasion arises, by an order published in the Official Gazette,
do anything, not inconsistent with the provisions of this Act :

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Maharashtra Government Servants Regulation of  Transfers
and Prevention of  Delay in Discharge of
Official Duties Act, 2005.

7

Provided that, no such order shall be made after the expiry of a period of two

years from the date of commencement of this Act.

(2) Every order made under this section shall be laid , as soon as may be, after

it is made, before each House of the State Legislature.

Mah.
Ord. IX
of 2003.

16.

(1) The Maharashtra Government Servants Regulation of Transfers and
Prevention  of  Delay  in  Discharge  of  Official  Duties  Ordinance,  2003  is  hereby
repealed.

Repeal  of
Mah. Ord. IX of
2003  and
saving.

(2) Notwithstanding such repeal, anything done or any action taken (including
any notification or order issued) under the said Ordinance, shall be deemed to have
been done, taken or issued, as the case may be, under this Act.

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and Prevention of  Delay in Discharge of
Official Duties Act, 2005.

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