The Nagaland Government Servant (Transfer and Posting) Act, 2009

The Nagaland Government Servant (Transfer and Posting) Act 2009. (Act No.9 of 2009) Received the assent of the Governor of Nagaland on 14/11/2009 and published in the Nagaland Gazette Extraordinary dated :8% of December,2009. An -Act- To regulate the transfer and posting of Government Servant to Ex-Cadre posts. Be it enacted in the sixtieth year of the Republic of India as follows:

1. (1) This Act may be called the Nagaland Servant (Transfer and Posting) Act.2009.
2. (2) it shall extend to the whole of the State of Nagaland
3. (3) It shall come into force with effect from the date of its publication in the Official Gazette.

Notwithstanding anything contained in the service rules of various Departments of the Government of Nagaland, the Government of Nagaland shall have the power to transfer any Government servant, and to post him against any ex-cadre post in any Government Department, Public Sector undertaking, Corporation or Company, owned by the State Government subject to the following conditions: () that the ex-cadre post against which the Government servant is posted is

not Jower in terms of rank and pay sale, than the post he/she is holding ina substantive capacity;

1. (i) thatthe posting is done, either with the consent of the Government Servant concern or with the recommendation of the Civil Service Board, consisting of the following :-

1. (1) Chief Secretary - Chairman
2. (2) Secretary incharge of Home Department ~~ - Member
3. (3) Commissioner, Nagaland - Member
4. (4) Secretary in charge of P& AR - Member Secretary

The state Government may by notification, make rules for carry out the purpose

of this Act.

@ Ifany difficulty or doubt arises in giving effect to the provision of this Act, the State Government may ,by order published in the Nagaland Gazette, make such provisions, not inconsistent with the purpose of this Act as has appears to it to be necessary or expedient for the removal of the difficulty and doubt the order of the state Government in such cases shall be final.

1. (ii) Every ordermade under this section shall be laid as soon as may be after it is made, before the assembly. In case the Assembly agree in making any modification in the order or the assembly agree that the order should be made, the order shall thereafter have effect only in such modified form or be of no effect as the case may be, without prejudice to the validity of anything previously done under the order.