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Union of India - Section

Section 13 in Territorial Army Rules, 1948

13. Transfer and attachment.

(1)Any person appointed to a unit under rule 12 may be transferred by the prescribed authority whether on disbandment of the unit or otherwise to another unit of Territorial Army.
(2)Nothing contained in sub-rule (1) shall be deemed to authorise the transfer without his own consent of any person appointed to a unit except when such transfer is deemed necessary during a period of emergency declared in this behalf in a notification published in the Official Gazette by the Central Government or such transfer is from one provincial unit to another similar provincial unit within the same zone or from one urban unit to another similar urban unit in the same town.
(3)A person who desires to be transferred to another unit shall submit his application in writing to his Commanding Officer and in such application shall state reasons for desiring transfer and the unit to which he desires to be transferred. Thereupon the transfer shall be effected in the case of an enrolled person by mutual agreement between his commanding Officer and the Commanding Officer of the unit to which he desires to be transferred, and in the case of an officer by order of the prescribed authority.
(4)When a person belonging to a unit ceases to reside in the zone for which such unit is constituted he may be compulsorily transferred by the prescribed authority to a unit constituted for the zone in which he for the time being resides provided that he can be absorbed in such unit.
(5)Any person belonging to a unit may be attached by the prescribed authority at his own request or otherwise to any unit of the Territorial Army or to any unit of the Regular Army.
(6)any person belonging to a unit who leaves his place of residence for the time being and thereby leaves the zone in which the unit wherein he is serving is constituted shall, if he does not intend to return to that zone, notify the prescribed authority in that zone of his change of residence.
(7)Where a person mentioned in sub-rule (6) intended to return but did not in fact return to his zone within three months of his departure, he shall immediately on the expiry of the said period send intimation in writing to the prescribed authority.Explanation. - In this rule, the expression "prescribed authority" means :-
(1)in the case of an enrolled person the Officer commanding the Sub-Area/Div./Independent Sub-Area/Indep. Bde. Gp./Indep. Bde. [or the Director, Territorial Army] as the case may be within which the unit of the person is constituted;
(2)[in the case of an Officer, the Director, Territorial Army] [or the Director of signals]
(3)[* * * * *]