PREVENTION
OF DELAY IN DISCHARGE OF OFFICIAL DUTIES ACT, 2005
(21 of 2006)
[12th May, 2006]
(Amended upto 13 of 2007)
An Act to provide for regulation of transfers of Government Servants and
prevention of delay in discharge 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 Transfer sand 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, commencement 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 on such date as the State Government may, by notification in
the
Official Gazette, 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 nontransferable posts in isolated cadres and to the employees under the administrative
control of the Judiciary; 1
[*******]
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;
1. The words “and Chapter III shall not apply to the All India Service Officers of the Maharashtra Cadre” were
deleted by 13 of 2007, s. 2.
(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;
(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.
4. Tenure of transfer. - (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 y
TABLE
Group 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 Group
“A” having pay-scales less than Rs.
10,650—15,850 1
[and all Gazetted
Officers] in Group “B”.
Minister-in-charge in consultation with
Secretaries of the concerned
Departments.
c) All 2
[Non-Gazetted employees in Group
“B” and “C”]
Head of Departments.
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.
7. Publication of list of competent authority .- 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.
CHAPTER III
PREVENTION OF DELAY IN DISCHARGE OF OFFICIAL DUTIES
8. Citizens Charter. - (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.
(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. Delegation of Powers. - (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.
1. Substituted for the words “and all Officers” by 13 of 2007, s. 4(a).
2. Substituted for the words and letters “employees in Group “C”” by 13 of 2007, s. 4(b).
(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. Disciplinary action. - (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:
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.
(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. Non-application of provisions of section 10 in certain circumstances. -
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.
12. Administrative Audit .- 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.
1. Inserted for the words “disciplinary action under the” by 13 of 2007, s.5.
CHAPTER IV
MISCELLANEOUS
13. Protection of action taken in good faith .- 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. Power to make rules .- (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.
15. Power to remove difficulties .- (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:
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.
16. Repeal of Mah. Ord. IX of 2003 and saving. - The Maharashtra Government
Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties
Ordinance, 2003 (Mah. Ord. IX of 2003) is hereby repealed.
(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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