Uttarakhand Annual Transfer for Public Servants Act, 2017
No: 1 Dated: Jan, 05 2018
UTTARAKHAND ANNUAL TRANSFER FOR PUBLIC SERVANTS ACT,2017
An Act to determine a procedure for proper, impartial, objective and transparent annual transfers etc. of the Uttarakhand Public Servants Be it enacted by the Legislative Assembly of State of Uttarakhand in the Sixty eighth year of the Republic of India as follows-
1. Short title, commencement and application. - (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 for all services of State except All India Services, State Civil Service and State Police Service and all services under control of High Court and the 'State Government may, by notification, apply it to Corporation, Board and Local Bodies.
2. Overrtding effect. - This Act shall have effect notwithstanding anything inconsistent therewith contained in any other service rules before the commencement of this Act.
3. Definitions. - .In this Act, unless there is anything repugnant in the subject or context-
(a) "Constitution" means the Constitution of India;
(b) "Government" means the Government of Uttarakhand;
(c) "Governor" means the Governor of Uttarakhand;
(d) "Serious Patient" means the spouse and family (which includes the children of the age up to 18 years and parents) of any employee suffering from a serious diseases and it includes Cancer, Blood Cancer, AIDS/HIV (positive), Heart disease (Having Bypass surgery or Angioplasty done) Kidney disease (dependent on the dialyses due to failure of both the kidneys or kidney transplanted or one kidney removed), Tuberculosis (both the lungs infected or one lung fully damaged), SARS (third stage), epilepsy, mental disease and any such other disease for which State Medical Board doesn't recommend for posting in any particular place/area and the committee constituted under Section 27 of the Act gives its approval thereon;
(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 per cent;
(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.
4. Classification of employees for posting. - 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.
5. Identification, and disclosure of accessible and remote areas. -(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 01 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.