Maharashtra, prevent corruption using Regulation of Transfers & Delay Prevention Act 2005

Maharashtra has a useful law enabling us to initiate disciplinary action against officials who move files slowly, and also to monitor officials staying too long in a post or a department and developing corrupt nexus. We may refer to this law by the short name of “Regulation of Transfers & Delay Prevention Act 2005”. Its full name is “Maharashtra Government Servants’ Regulation of Transfers & Prevention of Delays in Discharge of Official Duties Act 2005”. It came into force on 1 July 2006, when it was notified in the State gazette.

Download this Act: http://tinyurl.com/DelayPreventionAct

OVERVIEW

• Chapter I defines the scope and applicability of the Act. It defines the competent authority for transfers and disciplinary actions in case of delays, and also defines which government officials are exempt from regulation under this Act. Sec 1(3) states that the Act applies to all govt servants in the State services as defined by the Maharashtra Civil Service Rules 1979.

• Chapter II regulates tenures of posting and transfer for IAS officers, and Group A, B, C and D employees or state government servants. It seeks to minimize arbitrary transfers at short notice. Chapter II does not apply to non-transferable posts in isolated cadres and employees under the administrative control of the judiciary.

• Chapter III seeks to prevent delay in the discharge of official duties, and fix responsibility for the government’s deliverables (i.e. services). It mandates the declaration of a Citizens’ Charter by each office or department. It fixes time periods for various sorts of documents and files, and specifies disciplinary action in case of failure to comply. However, sec 1(3) specifies that this does not apply to IAS officers of Maharashtra Cadre.

THREE KEY POINTS OF THIS LAW

1. POSTINGS & TRANSFERS

Sec 3 states that for all IAS officers and Group A, B and C state government employees, the normal tenure of posting is three years. Non-secretariat employees in Group C are to be transferred to another department or office at the end of six years (i.e. two tenures) in a particular office. When employee belongs to secretariat services, he cannot be in the same post for more than three years, and in the same department for more than six years. Group D employees are not subjected to such tenures, and will not ordinarily be transferred out-of-station except if a clear vacancy exists and such a posting is sought, or if a substantiated complaint of serious nature is received against them.

Sec 4 states that every year in January, the competent authority (i.e. appointing and transferring authority) will prepare a list of persons due for transfer in April-May. The transfer list is to be finalized by the Chief Minister or the concerned Minister, as specified by a table under Sec 6. This is to be done in consultation with Chief Secretary or Secretary of the concerned department. Sec 4(4) specifies that transfers must normally be made in April-May after completion of tenure, but exceptions may be made at any time of the year to fill up newly created posts, or due to exceptional circumstances to be recorded in writing.

Sec 5 specifies reasons for extended tenure of posting, such as having special technical qualifications for a particular post. Sec 6 specifies the Competent Transferring Authority for different groups of employees.

2. CITIZENS CHARTER – WHAT CITIZENS CAN EXPECT FROM EACH DEPARTMENT

Sec 2(a) says that “Citizens Charter” means a list of facilities or services rendered by the department or office to the general public, and includes a time-limit for providing such facilities or services.

Sec 8 says that every office or department must prepare and publish Citizens Charter within 6 months of the date of commencement of this Act (i.e. before 1 January 2007). If this is not done, “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”. Sec 9 says that the head of each office or department “shall publish a list of powers delegated to the subordinate officers, working under them, for taking final decision. Such a list is to be prepared before 1 July 2007, and later updated on 1st April of every year.

3. PREVENTION OF DELAY IN DISCHARGE OF OFFICIAL DUTIES & PUNISHMENT FOR DELAY

Sec 10 specifies that every government servant must do his specified duties “most diligently and as expeditiously as feasible”. FILE DISPOSAL DEADLINES: No file must remain pending on an employee’s table longer than 7 working days; files marked “immediate” to be disposed of within 24 hours, and those marked “urgent” within four days. In case of files not required to be referred to another department, decision and necessary action must be taken with 45 days. In case of files that need to be referred to other departments, decision and necessary action to be taken within 3 months.

Sec 10(2) and (3) specify that “willful or intentional delay or negligence” shall amount to “dereliction of duties”, and render the employee liable for disciplinary action under Maharashtra Civil Services Rules 1979, including entry in his Annual Confidential Record.

Download Maharashtra Civil Services Rules 1979 (Amended 2008) http://tinyurl.com/MahaCivilServicesRules

Sec 11 states that delay-prevention provisions do not apply to sub-judice and quasi-judicial matters, Lok-ayuktas and other commissions, cases concerning legislations and major policy decisions, matters concerning central govt, other state govts, etc.

Sec 12 states that before 1 July 2007, the State government shall set up a mechanism for carrying out an administrative audit to see that the provisions of this Act are observed.

SUGGESTIONS FOR RTI ACTIVISTS

This Act gives scope for RTI activists to file RTI applications enquiring about many things, including:
a) Schedules of transfer prepared in January each year
b) Reasons why some bureaucrats have stayed in a post for longer than three years, or in one department for more than six years. This happens when officials develop nexus with private contractors, builders etc.
c) Citizens Charter of each department or office
d) File movement and case-disposal details of specific files in various departments
e) Details of administrative audit as per section 12 of this Act.

We need to study this Act and take ownership of it, just as we have individually and collectively taken ownership of the RTI Act. Government may pass any Act, but only proactive action by ‘We the People’ will make an Act come alive. So, if this Act has not been implemented partially or wholly, let us build pressure on the government to implement this.

Let us also understand the Maharashtra Civil Service Rules, and see what we can do with them.

Warm Regards,
Krish
98215 88114