The Uttarakhand Annual Transfer for Public Servants Act, 2017

(1) This Act may be called the Uttarakhand Annual Transfer for Public Servants Act, 2017. (2) It shall come into force at once. (3) This Act shall be applicable to all services under the State, except All India Service, State Civil Service and State Police Service and all services under the control of the High Court, and the State Government may, by notification, apply it to Corporations, Councils and Local Bodies also.

This Act shall be effective notwithstanding anything to the contrary in any other service rules made prior to this.

Unless there is anything repugnant in the subject or context, in this Act- (a) "Constitution" means the Constitution of India; (b) "Government" means the Government of the State of Uttarakhand; (c) "Governor" means the Governor of Uttarakhand; (d) "Serious patient" includes the spouse and family of the personnel (including children under 18 years of age and parents) suffering from a serious disease, and under serious diseases are included Cancer, Blood Cancer, AIDS/HIV (Positive), Heart disease (where bypass surgery or angioplasty has been done), Kidney disease (dependent on dialysis due to both kidneys failing, kidney transplant done, or one kidney removed), Tuberculosis (both lungs infected or one lung completely damaged), broken spine, SARS (Third Stage), Epilepsy, mental illness, or any other such disease due to which the posting of the personnel in a particular area is recommended to be unsuitable by the State Medical Board, and which has been approved by the Committee constituted under section 27 of the Act; (e) "Disability" means such disability which includes total blindness, both legs missing, one incomplete leg, paralysis (one arm or one leg) or, in the context of percentage disability, disability of more than 40 percent; (f) "Competent authority certificate" means, for serious disease, a certificate issued by AIIMS, Post Graduate Institute of Medical Education and Research, State Medical Board, authorized medical institution of the State or an authority/committee specified at the State/District level by the State Medical Department, and for disability, a certificate issued by the competent authority given in the concerned Act; (g) "Fitness Certificate" means a certificate issued by a Medical Board/competent authority certifying that the personnel in the category of serious disease or disability is suitable for discharging his official duties despite being under treatment/disability; (h) "Senior Personnel" means personnel who have completed the age of 55 years where the retirement age is 60 years and 60 years or more where the retirement age is 65 years, as of the base date of 31st May of each year; (i) "Easy and Difficult Area" means easy and difficult areas identified as per District-wise Appendix-1, 2 and 3 under this Act; (j) "Place of Posting" means the place/site of posting of the personnel at the time of consideration for transfer. (e) “Disability” means such disabilities which include complete blindness, without both legs, one incomplete leg, paralyzed (one hand or one leg) or regarding of ‘percentage disability’, disability more than 40 percent; (f) “Certificate of Competent Authority” means a certificate for ‘serious patient’ issued by the All India Medical Institute, Post Graduate Institute of Medical Sciences, State Medical Board, authorized medical institutions of the State or State/district level authority/committee nominated by the State Medical Department and disability certificate issued by Competent Authority as provided in the relevant Act for disabilities; (g) “Fitness Certificate” 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 being under treatment / disability; (h) “Senior employee” means an employee of the age of 55 years and above when the age of retirement is 60 years and the age of 60 years and above when the age of retirement is 65 years as on 31st May of the relevant year; (i) “Accessible and Remote areas” means accessible and remote areas mentioned district wise under this Act as per Appendix 1, 2 and 3; (j) “Place of posting” means place /site of posting at the time of consideration for transfer of the employee.

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 division level; (3) such employees for whom there is provision to be posted at State level and their posting is to be done by the Government and Head of department.

(1) 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 to the classification provided in section 4 and take such measures for its disclosure including display in the website of Uttarakhand, as may be necessary for wide circulation and publication. (2) Such departments where all work places are classified as per determined norms or above said sub-section (1) in the Appendixes of the Act in view of the special circumstances of the department, the department may predetermine the norms by placing proposal in this regard before the committee constituted under section 27 of the Act.

There shall be following kind 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.

The standards for mandatory transfer from Easy area to Difficult area shall be as follows, namely: (a) Such personnel who are posted at the current place of posting in an Easy area for a period of 04 years or more shall be mandatorily transferred to the Difficult area subject to the availability and the limit of the total number of probable vacancies under section 10; (b) Such personnel who are working at the current place of posting in an Easy area for a period of less than 04 years but their total service posting in an Easy area in their entire service period is more than 10 years, shall also be mandatorily transferred from Easy area to Difficult area subject to the above mentioned availability of vacancies/posts: Provided that for the calculation of total service period in an Easy area, the proviso to the definition of Easy area as specified in section 3 of the relevant Appendices shall also be taken into account; (c) Personnel transferred from Easy area to Difficult area shall be mandatorily transferred back to the Easy area upon completing the minimum period related to posting in the Difficult area, and the date of their relief from the Difficult place shall also be clearly mentioned in their transfer order; (d) Personnel falling in the following categories shall be exempt from mandatory transfer from Easy category to Difficult area, namely: (one) Senior Personnel; (two) Such personnel who have already completed a minimum of 10 years of service in a Difficult area earlier; and (three) Personnel falling in the category of seriously ill/disability under section 3, who submit a certificate of the competent authority; (four) Husband-wife whose only son/daughter is included in the definition of disability; (five) Spouses of personnel posted in Military and Para-military forces.

The maximum limit of mandatory transfer from Easy area to Difficult area shall be as follows, namely: Transfer from Easy place to Difficult place shall be done up to the limit of availability of vacancies in the Difficult area in the concerned cadre. Calculation of personnel eligible for transfer will be done in the order of total service period spent in the Easy area in the entire service duration; namely: such personnel whose posting period in Easy area has exceeded 04 years or whose total service in Easy area in their entire service period has exceeded 10 years and who do not come under the 'exemption' category, those personnel shall be identified for transfer only up to the limit of availability of vacancies in the Difficult area of the concerned cadre while keeping them in descending order according to their total posting duration in the Easy area.

A list of eligible personnel shall be prepared within the limit of available and probable vacancies in the Difficult area for mandatory transfer from Easy area to the Difficult area. After the list is prepared, options for a maximum of 10 Difficult places where they are willing to be posted shall be sought from the eligible personnel while publishing/circulating such list, the list of available vacancies in the Difficult area and the list of probable vacancies of the personnel in the list. Giving options in order of priority by the personnel shall be mandatory. The list of eligible personnel for transfer and vacancies shall also be displayed on the website of Uttarakhand.

The standards for mandatory transfer from Difficult area to Easy area shall be as follows, namely: (a) Mandatory transfer to Easy area shall be done for personnel posted at their current place of posting in a Difficult area for a period of 03 years or more; (b) If any personnel is working at a Difficult place for less than 03 years but their posting in a Difficult area in their entire service duration is more than 10 years, then they shall also be mandatorily transferred from Difficult area to Easy area. While calculating such, the proviso to the definition of Difficult area in the Appendices specified in section 3 shall also be taken into account: Provided that while calculating this period, only that period shall be taken in which the personnel has actually been working at the Difficult place. If they remained attached at an Easy place, the attachment period, and if they remained on leave for more than one month in a year, this period shall not be included in the posting duration of the Difficult place. There shall be following norms for compulsory transfer from remote area to accessible area; namely: - (a) The employee who is posted for 03 years or more at the place of their present posting in remote areas shall be compulsorily transferred to accessible area. (b) If any employee is working for less than 03 years at their present place of posting but have served in remote area during whole service period for more than 10years, shall be compulsorily transferred from remote area to accessible area. To determine such period, the proviso of definition of remote area mentioned in Appendix specified under section 3 shall be taken into consideration: Provided that while counting this period only such period shall be counted during which the employee was actually working in the remote area, if he is attached to accessible area, then period of attachment in accessible area and the period of leave excess to one month in a year shall not be counted for the purpose of calculating the period of posting in remote area.

The maximum limit of mandatory transfer from Difficult area to Easy area shall be as follows, namely: (a) Mandatory transfer from Difficult area to Easy area shall be done only up to the limit of the total number of vacancies available in the Easy area in the concerned cadre and probable vacancies under section 7. Calculation of personnel eligible for transfer will be done in the order of total service period spent in the Difficult area in the entire service duration; (b) Such personnel who are working in the Difficult area for a period of more than 03 years at the current place of posting or their posting in the Difficult area in the entire service duration is more than 10 years, shall be mandatorily transferred only up to the limit of availability of vacancies in the Easy area in the cadre as per the above, while keeping them in descending order according to the total duration of posting in the Difficult area in their entire service duration.

A list of eligible personnel shall be prepared for mandatory transfer from Difficult area to Easy area. Options for a maximum of 10 desired places shall be sought from the eligible personnel for transfer while publishing/circulating the list so prepared, the vacancies available in the Easy area and the probable vacancies of the personnel. Giving options in order of priority by the personnel shall be mandatory. The list of eligible personnel for transfer and vacancies shall also be displayed on the website of Uttarakhand.

The following procedure shall be adopted for transfer on the basis of request; namely:– (1) Any employee shall be eligible to apply for transfer on request from accessible area to remote area; (2) An employee eligible for transfer from remote area to accessible area on completing three years in a particular remote place or 10 years in remote area during whole length of service, shall be eligible to apply for transfer on request in remote area only: Provided that the place opted for transfer shall be out of his/her home development block and such employee shall not be posted again to the place from where he/she has been transferred before the period of 6 years. (3) In case, a husband/wife serving in Government of Uttarakhand wishes to be posted at same place in a accessible area or remote area, they shall be eligible to request for transfer/posting at one place accordingly, but after such posting the spouse shall be eligible for transfer in general transfer season if he/she fulfills the norms of 05/03 years service in a particular place or 10 years total service. (4) The employees, on the basis of their own or spouse's (as applicable) serious illness/ disability shall be eligible to request for transfer to area/place of their choice. (5) Parents of mentally retarded children or suffering from such illness which has caused total dependance on others for care/routine activities, on the basis of certificate from Medical Board, shall be eligible to apply for transfer on request from accessible to remote or remote to accessible area/place for proper medical treatment of their child; and (6) Widow, widower, divorcee declared by competent court, divorce employee and senior employee shall be eligible to request for transfer to area of their choice. Note:- Transfer on request may be made against the available vacancies published under section 12 and request shall not be admissible for the post which is not vacant.

Applications for transfer shall be invited along with the option for maximum 10 desired places on the basis of request from employees by displaying the available and anticipated vacancies on the notice board of concerned offices and on the website of Uttarakhand. It shall be compulsory for the employees to give his option in preferential order.

(1) Counting of period for the purpose of transfer shall be done on the basis of date of 31st May of each year. (2) All such offices/ Institution, where the period of alteration of charge is not determined, the alteration in charge /transfer may be done in the interval of five years.

(1) For the transfers of employees, a permanent transfer committees shall be constituted by each department at government level, head of the department, division and district level. In addition to the officers of the concerned department an officer from another department shall also be nominated. At government level, an officer shall be nominated by the Personnel Department in the transfer committees of other departments except in Forest and Infrastructure Development Commissioner Branch, Agriculture Production Commissioner Branch and Social Welfare Commissioner Branch. For transfers in the departments falling under above mentioned branches, the nomination of an officer of any other department of the branch in transfer committee shall be made by the head of the concerned branch. (2) The Chairman of each committee constituted at the district level for transfer of employees of district level cadre within the District shall be the District Magistrate or an officer nominated by him. (3) All the proposals, applications and options received for transfer and details of vacancies in remote and accessible areas shall be placed before the committee constituted for this purpose by the concerned department. The certified list of employees eligible for transfer according to aforesaid Section 9, 12 and 13 shall also be placed before the transfer committee. (4) The committee shall prepare minutes after consideration on the basis of provisions of this Act, regarding each employees applying for transfer whose details are placed before the committee wherein the basis of allotting vacancy to the employee to be transferred namely, “option”, “own request”, “medical”, “disabled”, “senior employee” etc shall be clearly mentioned. The committee shall give in its minutes, with reason, a separate list of employees whose transfer could not possible to be recommended as per the provisions of this Act. (5) Transfer orders as per recommendations of the transfer committee shall be issued by the competent authority.

(1) The transfer committee shall consider the transfer proposal under this Act in the following order: - (a) Compulsory transfer from accessible place to remote area: - The transfer committee shall firstly consider the compulsory transfer from accessible area to remote area; namely: – First of all, the transfer shall begin from the employee spending longest time in accessible areas during their whole service period and option given by such employee for vacancy of remote area shall be accepted; namely – Considering the employees one by one in descending order as per length of service rendered in accessible area during whole service period shall be allotted vacancy available in the remote area according to the option: Provided that if more than one employee out of total employees identified for transfer have given option in same preferential order for a particular vacancy identified in remote area, the vacancy shall be allotted to such employee who have served for the least period in accessible area: Provided further that in case, inspite of consideration as above still remains some employees who have not been able to get the place of their desired option or there is any such employee who has not given any option, the transfer committee shall prepare a list of such employees as well as vacancies in order of their serial number in the original list of the employee identified for transfer and available vacancies and each employee of the list so prepared shall be allotted a vacancy mentioned in same order in the list of remaining vacancies. (b) Transfer on the basis of request: -. After compulsory transfer under clause (a) above, the transfer committee shall consider the transfer of employees eligible for transfer on the basis of request in the following order: - (i) request by seriously ill/disabled employees or request made on the basis of spouse's serious illness/disability(as applicable); (ii) request by parents of mentally retarded and helpless children; (iii) serving husband/ wife whose only son/ daughter is disabled; (iv) request by husband/wife serving in Government of Uttrakhand for posting in same place/area; (v) request by widow, widower, divorcee declared by competent court and divorce employee and senior employees; (vi) request for transfer from remote place to remote place/area; (vi) At last, request for transfer from accessible area to remote area. (c) Compulsory transfer from remote area to accessible area: - The transfer committee, after considering transfer mentioned in clause (a) and clause (b) shall dispose off the matter of compulsory transfer from remote area to accessible area as follows: - (i) The employees eligible for transfer from remote area to accessible area shall be arranged in descending order starting from the employee having longest period of service rendered in remote area during the whole period of service; (ii) from the list prepared as above, the husband/wife serving in Government of Uttarakhand shall be allotted the desired place of vacancy, if available; (iii) Starting from the employee having served for the longest period in remote area, desired place shall be allotted as per availability of the vacancy. In the same order desired place shall be allotted to the other employee in descending order on availability of vacancy: Provided that if option is given in same preferential order by more than one employee for a particular vacancy in

Annual/General transfer the procedure for posting on appointment/promotion and other transfers in the following situations will be as follows: (1) At the time of first appointment, posting will be mandatory in difficult areas. (2) At the time of promotion, posting will be mandatory in difficult areas subject to the restrictions of clause (d) of Section 7: Provided that if the post of promotion in the difficult area is not available/vacant, then after promotion, one can be posted against the vacancy available in the easy area. (3) On application by two employees for transfer to each other's place (in easy and difficult or difficult and difficult or easy and easy duty stations) mutual transfers will be done, for which no travelling allowance will be admissible and mutual transfer will not be admissible to two employees posted in easy duty stations only. (4) On the basis of serious complaints, misbehavior with high officials and lack of interest in work etc. after investigation and necessary confirmation, where the competent authority is satisfied, such employees can be transferred on administrative grounds: Provided that transfer on administrative grounds will not be inspired by complaints in a general manner or made accidentally and the order letter of such transfers must record administrative grounds. (5) Posting/transfer to be done according to clauses (1) to (4) above can also be done by the competent authority in a period separate and different from general transfer and for this there will be no need to take the case before the Transfer Committee: Provided that for transfers made on administrative grounds, it will be necessary for the competent authority to obtain approval from the officer one level above. (1) At the time of first appointment, posting shall compulsorily be made in remote areas. (2) At the time of promotion, the posting shall essentially be made in remote areas subject to the conditions of clause (d) of section 7: Provided that if the post of promotion does not exist/is not vacant in remote areas, the posting after promotion may be made against vacancy available in accessible areas; (3) Mutual transfers of two employees shall be made on willingness for transfer in place of each other (accessible and remote or remote and remote or accessible and accessible for which no travelling allowance shall be allowed and mutual transfer shall not be admissible between two employees working in accessible places; (4) On enquiry, on the grounds of serious complaints of misconduct, misbehavior with senior officers and lack of interest in work etc. after necessary enquiry and confirmation, transfer of such employee may be made on administrative grounds: Provided that the transfer on administrative grounds shall not be made casually or on the basis of complaints of routine nature and in the orders of such transfer it shall be necessary to mention Administrative Grounds. (5) The competent authority may issue posting/transfer orders besides the transfer to be made as per clause (1) to (4) aforesaid in separate and different period also and it shall not be necessary to bring such cases before the transfer committee: Provided that on transfers made on administrative grounds the competent authority shall have to take approval from the one rank higher officer.

(1) For first and second promotion it will be necessary that the minimum half part of the minimum qualifying service has been spent by the employee at a difficult place. (2) Treating the period from the date of commencement of this Act to 30-06-2020 as a transition period, in case of promotion in this period, if such half part has not been spent by the employee at a difficult place then promotion will be considered only when he gives a bond that till the period of completion of such part he will remain necessarily posted at a difficult place: Provided that if such employee is covered under clause (d) of Section 7, then he will not have any compulsion to be posted in a difficult area or to give a bond: Provided further that if an employee posting in a difficult area by giving a bond at the time of first promotion completes the total qualifying service for second promotion after completing the specified period in the difficult area according to the bond, then for such employee the provision regarding the compulsion of service of half of the total qualifying service in a difficult area for getting second promotion will not be binding; that is, after the period of the first bond, if such an employee completes other standards for second promotion after doing any amount of service in a difficult area, he will be considered eligible for second promotion. (3) The arrangement of minimum qualifying service in a difficult area for first and second promotion will be effective from 01-07-2020 in full and from this date it will be mandatory to spend minimum half part of the minimum qualifying service for promotion in a difficult place, only then it will be considered for promotion. Provision of the said meaning in service rules will be done separately. (4) Employees who could not be posted in a difficult area during their service period can apply for transfer on the basis of request according to clause (1) of Section 13 to be eligible for promotion in future.

In case of posting in a difficult area, the employee will be admissible for the following benefits as incentive; that is: (a) If any employee is posted at any duty station which is situated at a difficult place at an altitude of more than 7000 feet, then 1 year of service done there will be considered equivalent to 2 years of service in an easy place. (b) If any employee is posted at any duty station which is situated at a difficult place at an altitude of less than 7000 feet then 1 year of service done there will be considered equivalent to 1 year 3 months of service in an easy place.

(1) Transfers of officers of Group 'A' will be done by the Government on the basis of the recommendation of the Transfer Committee constituted for this and transfers of officers of Group 'B' will be done by the Heads of Departments of the concerned departments on the basis of the recommendation of the Transfer Committee: Provided that where the post of Head of Department does not exist, there transfers of Group 'B' officers will be done by the Government on the basis of the recommendation of the Committee. (2) Transfers of Group 'C' and 'D' district level employees, whose transfer is to be done in the district only, will be done by the appointing authority on the basis of the recommendation made by the committee constituted at the district level (under the chairmanship of the District Officer or an officer nominated by them). (3) After the indicated date according to the time-table mentioned in Section 23 for transfer, transfers of Group 'A' and Group 'B' officers can be done with the approval of the Chief Minister and transfers of Group 'C' and Group 'D' employees will be done by the officer one level above the competent level authorized for transfer. (3) After the date indicated as per time table mentioned in Section 23 the transfers of officers of Group ‘A’ and Group ‘B’ transfers may be made with the approval of the Chief Minister and of employees of Group ‘C’ and Group ‘D’ shall be made by the authority of one rank higher of the competent authority for making such transfers.

(1) In transfer orders, it will be instructed that they should take charge within a certain date/one week from the date of issuance of order without waiting for a replacement. The concerned authority will relieve the transferred employees immediately accordingly. A copy of the transfer order will also be sent to the concerned Treasury Officer so that they do not draw his salary after seven days of the issuance of the transfer order of the transferred employee. Relieved employees will be able to utilize the admissible 'Joining time' according to rules only after taking charge of the new posting post and after relieving, they will be able to utilize only the admissible 'Journey time'. (2) No kind of leave will be sanctioned to transferred employees. (3) On not taking charge at the place of new posting by the transferred employees, disciplinary action will be taken against them according to Section 24. (4) For the resolution of any substantive/typing error existing in the transfer order by the transferred employee, a representation can be given to an officer one level higher than the authority doing the transfer within 03 days of the issuance of the transfer order, which will be settled by them within one week after obtaining the opinion of the authority doing the transfer.

For every year general transfer there will be a time-table as follows; that is: (1) Date of identification of duty station by Office Head/Head of Department according to standard: 31 March (2) Constitution of Transfer Committees at Division level and District level: 1 April (3) Publication of the list of easy/difficult area duty stations, employees eligible for transfer and available and potential vacancies for each cadre and its display on the website: 15 April (4) Date of asking for options for maximum 10 desired places from employees eligible for mandatory transfer: 20 April (5) Date of inviting applications on the basis of request: 30 April (6) Last date of receiving option/application letters in said 3 and 4: 15 May (7) Displaying details of received options/application letters on the website: 20 May (8) Period of meeting of Transfer Committee and giving recommendation to competent authority: 25 May to 05 June (9) Last date for issuance of transfer order by competent authority: 10 June (10) Display of issued transfer order on the website of Uttarakhand: Within 2 days of issuance of transfer order (11) Last date for relieving of transferred employees: Within 7 days of issuance of transfer order (12) Last date for taking charge by transferred employees: Within 10 days of issuance of transfer order: Provided that the State Government will be able to make necessary changes in the time-table by order from time to time. For general transfers in each year, following time-table shall be observed; namely:- (1) Date of identification according to standard of work place by head of office/ head of department- 31 March. (2) Constitution of transfer committee at government level, head of the department level, division level and district level by all the departments:- 1, April (3) Publishing and displaying on website a list of working places of accessible/remote areas, employees eligible for transfer, available and anticipated vacancies for each cadre:- 15, April (4) Date of inviting options for maximum 10 desired places from the employees eligible for compulsory transfer:- 20, April (5) Date of inviting application for transfers on the basis of the request:- 30, April (6) Last date of receiving option/application under 3 and 4 above:- 15, May (7) Displaying on website the details of options/applications received: 20, May (8) Meeting of transfer committee & period of giving recommendations to competent authority :- 25 May to 5 June (9) Last date of issuing transfer orders by the competent authority:- 10, June (10) Displaying transfer orders on website of Government of Uttarakhand:- Within 2 days from the issue of transfer orders (11) Last date of relieving of transferred employees:- Within 7 days from the issue of transfer order. (12) Last date of assuming charge by transferred employees:- Within 10 days from the issue of transfer order. Provided that the State Government from time to time, may make necessary amendment in the time table by issuing an order.

(1) If representations are sent by the transferred employees for stopping the transfer by their parents, husband/wife or other relatives (1) In case representations are received from parents, spouse or other relatives the transferred employee for staying of transfer, it shall be compulsory kept in the personal file of employee and such representations shall not be forwarded and such conduct shall be entered in the Annual Confidential Report of the concerned employee also. (2) In case any Government servant endeavor to make pressure against the transfer order, the disciplinary action, according to the relevant provisions of the Uttarakhand Government Servant (Discipline and Appeal) Rule, 2003(as amended from time to time) shall be taken against such employee by treating such act/conduct a violation of “Government Servant Conduct Rules”. (3) Any one who fails to comply with any order or direction given under this Act within the period as specified in the said order or direction or violates or attempt to violate any provision of this Act, shall be punishable under relevant provisions of “the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003 (as amended from time to time).

Before relieving of transferred officers of Group ‘A’ and ‘B’, it shall be necessary to prepare a charge note regarding the important cases/development programs etc. of their charge, one copy of which shall be kept in guard file and one shall be forwarded to the concerned controlling officer.

In the ‘Transfer order’ to be made in pursuance of this Act, it shall be necessary to mention the relevant section and procedure of transfer of the concerned employee. It shall also be displayed on the website of Uttarakhand after the issue of transfer orders.

(1) After the promulgation of this Act, this Act shall have over-riding effect on Acts/Annual Transfer Policies of other departments: Provided that if any change in any provision of this Act, is required by any department due to any specific circumstances of the department or any deviation in necessary or relaxation is indispensable, the proposal of such changes/ deviations/ relaxations shall be submitted with reasons before the committee constituted under the Chairmanship of Chief Secretary and consisting the following members:- (a) Additional Chief Secretary/Principal Secretary Forest and Infrastructure Development Commissioner; (b) Additional Chief Secretary/Principal Secretary Agricultural Production Commissioner; and (c) Principal Secretary, Personnel as its member and necessary changes/deviations/relaxations shall be allowed after the approval of the Chief Minister on recommendations made by this committee. (2) This committee shall submit its recommendations for the approval of Chief Minister regarding the difficulties arising in application of this Act or such unforeseen matters which are not included in this Act, thereafter the State Government may make rules as required.

Complete documents and all records pertaining to the procedure adopted for transfer under this Act shall be kept in a proper manner in a separate file after carefully compiling them and these documents/records shall be kept ready for inspection of senior officers. It shall be the responsibility of the officer issuing the transfer order to execute this work. This file shall be available on each working day for the inspection of employee and in case, any employee needs a certified copy of any documents from this file, it may be made available after taking fee of Rs. 2.00 per page.

There shall be following norms for compulsory transfer from accessible areas to remote areas; namely: - (a) The employees, who is posted for 04 years or more at present place of posting in accessible area shall be compulsorily transferred subject to the number of vacancies available and anticipated under section 10 in remote area; (b) The employees, who are working for less than 04 years at present place of posting in accessible area but during whole service period have served in accessible area for more than 10 years, shall also be compulsorily transferred from accessible area to remote area subject to availability of vacancies/posts in remote area as above: Provided that for the counting of total service period in accessible area the proviso of definition of accessible area given in Appendix specified in section 3 of this Act shall also be taken into consideration; (c) The employee being transferred to remote areas from accessible areas shall compulsorily be transferred to accessible area again on completion of minimum period prescribed for posting in remote areas and the date of their reliving from remote areas shall be clearly mentioned in their transfer order also; (d) The employees under following categories shall exempted from compulsory transfer from accessible area to remote area; namely: - (i) Senior employees; (ii) Such employees who have already completed minimum 10 years service in remote areas, and; (iii) The employees seriously ill/disabled under section 3 and who submit a certificate from competent authority. (iv) Such spouse whose only son/daughter is included in definition of disability; (v) Spouse of employees posted in military and Para military force.

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