LexThe Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2006 : Mah. XXI] 1
THE MAHARASHTRA GOVERNMENT SERVANTS REGULATION OF
TRANSFERS AND PREVENTION OF DELAY IN DISCHARGE
OF OFFICIAL DUTIES ACT, 2005
[Text as on 9th May 2025]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
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 competent 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.
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Transfers and Prevention of Delay in Discharge
of Official Duties Act, 2005
LIST OF AMENDMENT ACTS
1. Amended by Mah. 13 of 2007 (20-04-2007)
2. Amended by Mah. 16 of 2014 (25-06-2014)
3. Amended by Mah. 4 of 2025 (29-08-2024)1
1 Maharashtra Ordinance No. VI of 2024 was repealed by Mah. 4 of 2025, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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MAHARASHTRA ACT NO. XXI OF 20061
[THE MAHARSHTRA GOVERNMENT SERVENTS 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 No. 26, Part IV, on the 12th May 2006.]
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 Transfers and Prevention
of Delay in Discharge of Official Duties Ordinance, 2003 (Mah. Ord. IX of 2003), on the 25 th August
2003;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legi slature
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 of such 2date 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:
Providing 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 (XIII of 1951) including the Indian Police Service Officers of the Mahar ashtra cadre] and to the
employees under the administrative control of the judiciary 4[* * *].
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;
(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 Department of the
Government of Maharashtra as specified in the First Schedule to the Maharasht ra Government
Rules of Business;
(d) “Government” or “State Government” means the Government of Maharashtra;
1 For Statement of Objects and Reasons of the L. C. Bill No XV of 2003 , see Maharashtra Government Gazette , 2003,
Extraordinary No. 49, Part V-A, dated the 9th December 2003, page 349.
2 This Act was brought into force by G.N., G.A.D., No. SRV 2004/CR 15/2004/12, dated 25 th 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.
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(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 (C onduct) 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 under section 3 of
the Maharashtra Police Act (XXII of 1951) and the Indian Police Service Officers of the
Maharashtra Cadre so far as the application of the provisions of Chapter II are concerned;]
(g) “post” means the job or seat of duty to which 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 ordin arily 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 t ransfer or
on return from leave;
1 These words and figures were added by Mah. 16 of 2014, s. 3.
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(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 approv al
of the next higher authority.
1[(4A) Notwithstanding anything contained in sub-section (4), the transfer shall be made upto 31st
August 2024, in cases where the transfers were not made due to enforcement of the Model Code of
Conduct for General Election to the House of People 2024.]
(5) Notwithstanding anything contained in section 3 of this section, the competent authority may,
in special cases, after recording reasons in writing and with the prior 2[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. Extension of tenure. — (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 :—
(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 particular
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.
(2) Notwithstanding anything contained in section 3 or any other provisions of this Act, to ensure
that the Government work is not adversely 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.
6. Transferring Authority.— 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
Competent Transferring
Authority
(1) (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
3[and ll Gazetted Officers] in
Group “B”.
Minister-in-charge
in consultation with
Secretaries of the
concerned Departments.
(c) All 4[Non-Gazetted employees in Group “B” and
“C”].
Heads of Departments.
1 Sub-Section (4A) was inserted by Mah. 4 of 2025, s. 2.
2 These words were substituted for words “permission of the immediately preceding competent” by Mah. 13 of 2007, s. 3.
3 These words were substituted for the words “and all Officers” by Mah. 13 of 2007, s. 6(a).
4 These words were substituted for the words “employees in Group “C” by Mah. 13 of 2007, s. 6(b).
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Groups of Government
servants
Competent Transferring
Authority
(1) (2)
(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.
(2) The Head of every Office or Department shall determine as far as possi ble 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 diligently 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
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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 Civi l 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 Governme nt 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 secti on 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.
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 th is 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:
1 These words were substituted for the words “disciplinary action under the” by Mah. 13 of 2007, s. 5.
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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 thi s 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. — (1) 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.