Office of Commissioner, Commercial TaxesGuidelines for General TransfersDate: 15-04-2013

Sub:-Transfers Counseling Guidelines for effecting General transfers through the process of Counseling 2013 - Reg.

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Transfers happen on the administrative need to post right person at right place or to fill up vacant posts. Transfers also happen to take care of genuine requests of the staff. In the process, situation arise where there is competing request for same place/post either on administrative ground or on the request of government employee. One way to resolve competing request is to exercise discretion. But it may lead to non transparent decision making. Other way could be to fix certain norms which are verifiable and award certain points to prepare rank list. Call staff in the order of such rank to choose place of posting which is available for posting. But such rigid system may not be successful in posting right person to right place. Hence there is need to evolve a system which can adequately address both the competing requirements.

Based on the above basic philosophy, following guidelines are issued for General transfers of staff in CT department applicable to all the posts up to the rank of Assistant Commissioner, CT.

GUIDELINES FOR GENERAL TRANSFERS

1.General provisions for transfers(1) Transfer is an incident of service and competent authority has the right to transfer any person within the local area of the person at any point of time on administrative grounds, administrative exigencies or otherwise. (2) On the other hand, no employee has the right to seek transfer to a particular place or a particular post. Accordingly, no person can request transfer from one place to another place or from one post to another post as a matter of right.(3) These guidelines are ONLY for General transfers which are generally done during the month of April /May/June of every year. These guidelines shall not be applicable for individual transfers done during the year including period of general transfers. These guidelines also will not be applicable for Check Posts. There are separate guidelines for posting of staff to check posts.(4) Competent authority at its discretion, (to be exercised rarely), can keep certain posts outside counseling process. Such posts will not be available for posting though this process. Such posts will be filled by competent authority at its discretion.(5) To ensure that vacant posts are filled up uniformly in all offices, Competent authority may, at its discretion, block certain posts in certain offices.

Subject to above primary conditions, the following guidelines are issued for general transfer of staff:

(6) The staff who is going to retire within two years as on 1st April of the year will not be transferred except on administrative exigencies/grounds or on request(7) The Persons facing ACB enquiries/disciplinary cases and working presently in focal posts shall not be continued in focal post and such persons will be transferred to non-focal post.

Note: Facing ACB enquiries/disciplinary case means where Show cause notice issued or Formal Articles of Charge issued or FIR filed in criminal case or facing ACB/Vigilance enquiry at any stage.

(8) General transfers shall be done based on counseling process except individual transfers and those transfers which are being proposed on administrative ground.(9) Service in all posts in an office will be counted while calculating period of service.(10) The transfer guidelines stands relaxed with regard to persons working in specialized posts like, but not limited to, like computer wing to ensure availability of skilled staff , notwithstanding that the tenure put in has crossed the cut off service period. (11) The person for whom targets were fixed and he fails to achieve at least 75% of targets, he shall not be posted to focal post.(12) These guidelines will generally be followed. However, under administrative need/exigencies, any guideline can be relaxed on case to case basis at the discretion of Commissioner (CT).

2.Specific guidelines for certain posts (1) Class IV Employees and Record Assistant:Transfers can be made only on administrative grounds. However transfers can be made on request of an employee if there is clear vacancy or on mutual request basis. In no case an employee shall be transferred to adjust request from other employee.(2) Drivers:Transfers can be made only on administrative grounds. However transfers can be made on request of an employee if there is clear vacancy or on mutual request basis. In no case an employee shall be transferred to adjust request from other employee.(3) Ministerial Staff: Junior Assts./Jr. Stenos/Typists.a) No staff who has not completed TWO years of service in all posts in same office as on 1st April of the year shall be transferred except on administrative grounds/exigencies or on request.b) However who have completed THREE years of service in all posts in a office as on 1st April of the year shall be transferred subject to over all limit on number of transfers.c) District is the unit for effecting transfer.

(4) Senior Assts./Sr. Stenos:a) No staff who has not completed TWO years of service in all posts in a Office as on 1st April of the year shall be transferred except on administrative grounds/exigencies or on request.b) However who have completed THREE years of service in all posts in a Office as on 1st April of the year shall be transferred subject to over all limit on number of transfers. c) Nodal division is the unit for transfers.

(5) ACTOs: a) No staff who have not completed TWO years of service in all posts in a Office as on 1st April of the year shall be transferred except on administrative grounds/exigencies or on request.b) Staff who have completed TWO years of service in all posts in a Office as on 1st April of the year shall be transferred. c) Nodal division is the unit for effecting transfers.

(6) DCTOs:a) No staff who have not completed TWO years of service in all posts in a Office as on 1st April of the year shall be transferred except on administrative grounds/exigencies or on request.b) Staff who have completed TWO years of service in all posts in a Office as on 1st April of the year shall be transferred. c) Zone is the unit for effecting transfers.d) DCTOs shall not be considered for posting to their native Revenue division.

(7) CTOs:a) No staff who have not completed TWO years of service in all posts in a Office as on 1st April of the year shall be transferred except on administrative grounds/exigencies or on request.b) Staffs who have completed TWO years of service in all posts in a Office as on 1st April of the year shall be transferred. c) State will be the unit of transfers. d) CTOs shall not be posted to their native District.

(8) Assistant Commissioners:a) No staff who have not completed TWO years of service in all posts in a Office as on 1st April of the year shall be transferred except on administrative grounds/exigencies or on request.b) Staffs who have completed TWO years of service in all posts in a Office as on 1st April of the year shall be transferred. c) State is the unit for effecting transfer.d) ACs will not be considered for posting to his native District.e) Government being the transferring authority for ACs, Transfer counseling will be conducted subject to approval by Government.

(9) Office Bearers of Recognized Unions: As per government guidelines issued from time to time.

Schedule of transfers(1) The Commissioner, Commercial Taxes shall draw schedule and communicate separately the same to the competent authorities for effecting transfer.

4.Committee for recommending Transfers(1) At Division level: All DCs and ADCs comprising in the Zone.(2) At HOD level: one Addl. Commissioners nominated by CCT, Spl Commissioner, Secretary to Commissioner, CT

4.Issue of transfer Orders by competent authoritiesThe competent authorities concerned, as per the recommendation of the Committee, shall issue posting orders to all the staff of one category in one proceedings only, duly enclosing the names of the staff transferred and places of postings on transfer in annexure. No individual transfer orders shall be issued. Transfer orders shall be put on the CTD website on the date of issue itself.

5.Criteria for transfers

(a) Transfers will be affected as per counseling process. If any person applies for transfer but fails to attend counseling, or persons who have completed maximum service period permissible but did not apply for transfer, such persons will be transferred to the left over vacancies at the end of the counseling process and no further correspondence will be entertained in this regard.

(b) Once transfer orders are issued by the competent authority, review of orders shall not be considered. The person must join in the place of posting as per transfer order. Disobeying of posting orders will make the individual liable for disciplinary action. In no case request for treating waiting period as duty shall be entertained.

6.Eligibility to apply for transferAll staff are eligible for submitting request for transfer subject to these guidelines

7.Place of postingsIn no case person on transfer shall be posted to same Office where he was working prior to transfer.

8.Entitlement of pointsThe points as follows shall be awarded to the person who apply for transfers:

(1) Service in the Present office located in the following areas: -

(i) For service in Category III areas: Three (3) points per completed year of service as on 1st April of the year.

(ii) For service in the Category II areas: Two (2) points per completed year of service as on 1st April of the year subject to a maximum of 4 points.

(iii) For service in the Category I areas: One (1) point per completed year of service as on 1st April of the year subject to maximum of 2 points.

(2) Service in Present office where present office is DC/ADC/SR/CCT office: Two (2) Additional points per year of completed service in DC/ADC/SR/CCT office as on 1st April of the year subject to a maximum of 4 points.

(3) For entire Service in CT Department:

0.20 point for every completed year of service (from the date of joining in CT Department) in all categories as on 1st April of the year subject to a maximum of 4 points.

Note: -The Habitations / Towns shall be classified into the following categories namely: -

(a) Category I:All Habitations / Townswhere 30% or more HRA is admissible as on 1st April.

(b) Category II: All Habitations / Towns where 20% or more but less than 30% HRA is admissible as on 1st April.(c) Category III: All Habitations / Towns where below 20% HRA is admissible as on 1st April.

9.Special categories(i) Three (3) points for persons, who are retiring within 2 years as on 1st April of the year.

(ii) Three (3) points for un-married girls as on 1st April of the year.

(iii) Three (3) points for the persons, whose spouses are working in State Government or Central Government or their Public Sector under takings or Local Body in the same District as on 1st April of the year provided they seek transfer to a place which is nearer to spouse place. This benefit is available only once in 10 years

Note: This is applicable only in respect of one of the spouses.

Note: A copy of certificate issued by the competent authority shall be enclosed to the check list to consider their cases under special category (iii).

10.Preferential Categories (a) Persons with disability (Physical or Hearing or Visual) of more than 75% (At the time of filing application).

(b) Widows (At the time of filing application)

(c) Legally separated women (At the time of filing application)

(d) The persons who are suffering at the time of filing application with the following diseases, certified by Specialized Institutions for the concerned diseases:(a) Cancer.(b) Heart Operation.(c) Neuro-Surgery.(d) Bone T.B.(e) Kidney Transplantation.

(e) Applicants with dependent children who are mentally retarded at the time of filing application and are under treatment.

(f) Applicants with dependent children suffering Juvenile Diabetes at the time of filing application and children suffering with Holes in the Heart by birth and are under medical treatment which is available only at specified places to which they are seeking transfers.

Note 1: For this purpose, a copy of the certificate issued by a competent authority i.e., District Medical Board / State Medical Board should be enclosed to the check list for consideration of preferential categories.

Note 2: The benefit of preference shall be given once in 10 years to the above categories.

11.Applications online

(i) The persons who are eligible as per these guidelines and desire transfer shall apply Online.

Note1:If any person who has submitted application online but did not attend counseling or the person who has completed maximum service permissible in a office but did not submit application on line, they will be transferred to the available left over vacancies by competent authority at its discretion.

12.Check list to beSubmittedThe persons who apply for transfer shall obtain a print out check list from the Online System, sign it and the check list along with other documents shall be submitted to the respective competent authorities through proper channel and copy of the print out shall also be retained by them for their record. On receipt of such application, CTO/DC/ADC/Secretary to CCT, as the case may be, shall counter sign the application after thorough verification of the facts mentioned in the application and documents attached to it.

13.Date of relief & joiningThe persons who are transferred should be relieved from the present place of working on receipt of the transfer orders and they should join in the new office where they are posted within the joining time admissible, subject to such conditions as may be prescribed by the competent authority. Under no circumstances shall compulsory wait caused due to delayed joining, be sanctioned. Persons who are transferred based on their request application will not be eligible for TTA and joining time.

14.Display of vacancies and names of the applicants:The following lists should be displayed on the CTD Website. 1. The list of names of the persons who applied for transfer with entitlement points. These posts can be taken as vacancies for the purpose of giving choice at the time of counseling.2. List of persons who have completed maximum permissible service and are proposed by administration for transfer compulsorily. These posts can also be taken as vacancies for the purpose of giving choice at the time of counseling.

3. The office wise vacancy position except those posts which are excluded from counseling process.

15.Display of transfers effectedThe transfers affected shall be displayed on department Website on the same day.

16. Grievance redressal mechanism(i) An grievance against the orders of the competent authorities up to the rank of ACTOs can be submitted to Spl Commissioner, CT and for other ranks to Commissioner, CT and such application should be submitted within 10 days of issue of order .

(ii) All such grievances shall be disposed off by the respective authority within 30 days from the date of receipt of the application.

17.Punishment for furnishing false informationAnybody who has submitted false information and or certificates, and the officers who have countersigned such false information, shall be liable for disciplinary action in addition to prosecution.

18.Punishment for violating these guidelinesAny person who has issued orders in violation of these guidelines or instructions issued by Commissioner, CT from time to time in the matter shall be liable for disciplinary action.

19Counseling process(1) Persons who have applied for transfer will be given rank based on points awarded to them.(2) First, persons with preferential categories will be called for counseling in the order given under preferential category. Within preferential category, persons will be called in the order of their rank.(3) After preferential categories are over , persons who are slated for compulsory transfer will be called for counseling in the order of their rank.(4) After that, other persons who although not completed maximum service in an office but filed request application for transfer, will be called in the order of their rank.(5) At the end, persons who submitted application for transfer but failed to attend counseling or the persons who completed maximum permissible service period in the same office but did not apply for transfer, such persons will be considered at the end and they will be posted to left over vacancies by the competent authority at its discretion.Note: Competent authority may permit his/her nominee to be present at the time of counseling and indicate choice on his/her behalf if person himself/herself is unable to attend counseling due to circumstances beyond his/her control. In such case, he/she must authorize his/her nominee in writing.(6) At the time of his/her turn for counseling, person can choose any vacant post available subject to his/her eligibility as per these guidelines.

20Interpretation and issue of supplementary guidelines/clarificationsIn case of doubt in interpretation of these guidelines, matter will be referred to Commissioner, CT for decision. Further, Commissioner, CT can issue additional guidelines/clarifications for conduct of transfer counseling process.

TRANSFER REQUEST APPLICATION 1. Name 2. Designation3. Date of Birth4. Date of Retirement5. Gender6. Marital Status7. Native Revenue District8. Native Revenue Division9. Native Revenue Mandal10. Date of Joining in the Department11. Date of joining in the Present City/Town12. Date of Joining in the Present Office13. Date of Joining in the Present Post in Present Office14. Present place of working Office addressa. HO/DC/ADC office nameb. Circle Name10. % HRA drawn in the present office13. Whether he/she is President or General Secretary At Division /State level of Recognized Association.14. Whether spouse is employee of State Govt. / Central Govt./Public Sector under takings/ Local Body Yes/No15. State whether claiming special benefit under : Yes/No i. Disability (More than 75%) ii. Widow iii. Legally separated single women. iv. If he / she is suffering with the following diseases viz.a. Cancerb. Heart-surgeryc. Neuro-surgeryd. Bone-TBe. Kidney Transplantation

v. Having Dependent children with mentally retarded disability and under treatment.

vi. Having Dependent children suffering Juvenile Diabetes and suffering with holes in Heart by birth under treatment.

16. % of Target achieved 17.Whether preferential benefit utilized within last 10 years : Yes/No

DECLARATION

I _______________________ hereby declare that the particulars furnished by me are correct to the best of my knowledge and belief. I know that if any particular is found to be incorrect on verification, I will be liable for disciplinary as well as criminal action. All the required certificates/documents in support of above facts are enclosed.

Signature Name of the applicant Designation Date:

CERTIFICATE

Certified that the particulars furnished by the applicant are verified with reference to certificates/documents/Service Register of the individual and found correct.

Signature of the CTO/DC/ADC/Secretary to CCTDesignation with Stamp

Note:The person who has submitted false information or certificates and the officers who have counter signed the information will be liable for disciplinary action as well as criminal action

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