Section 4 in Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005
4. Tenure of transfer.
(1)No Government servant shall ordinarily be transferred unless he has completed his tenure of posting as provided in section 3.(2)They 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 subsection (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 transfer or on return from leave;(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 approval of the next higher authority.(5)Notwithstanding anything contained in section 3 or this section the competent authority may, in special cases, after recording reasons in writing and with the prior [approval of the immediately superior] [These words were substituted for the words 'permission of the immediately preceding Competent' by Maharashtra 13 of 2007, s.3, (w.e.f. 20.4.2007).] Transferring Authority mentioned in the table of section 6, transfer a Government servant before completion of his tenure of post.
