PREVENTION OF DELAY IN DISCHARGE OF OFFICIAL DUTIES (Transfers& Delays Act 21 of 2006) ( Right to Services )

1. Section 4: When an officer is transferred in less than 2 years, send letter to Secretary of Department. “Mr….. in….. Department at…..has been transferred from his job without completing his 3 year tenure. This is in violation of Section 4 of the ‘Transfers and Delays Act 21 of 2006. Please give me the weblink where the reasons have been displayed and send me the file notings in this matter.”

2. Section 8. If Citizens Charter not made and updated each year, send letter to Secretary of Department/ Municipal Commissioner:The Citizen’s charter has not been prepared/updated as per Section 8 of the Transfers & Delays Act 21 of 2006. Please fix responsibility for this lapse and take action against the responsible officer. Also please inform me of the date by which an updated Citizen’s charter would be displayed.

In the case of BMC please mention Section 64A of Mumbai Municipal Corporation Act.

3. Section 10. Decision and action on any file (application/representation/complaint/other decisions must be taken in 45/90 days. If this is not done send a letter to the Secretary of Department/Municipal Commissioner:

“ I had given my application/representation/complaint for……….. on ………. (copy enclosed). Since then I have received no communication. I would like to draw your attention to Section 10 of the Transfers and Delays Act 21 of 2006 which mandates that no decision can be kept pending for over 45/90 days. In the instant case, no decision has been communicated to me despite the lapse of…… months. I request you to conduct a preliminary enquiry within 15 days as per rule 3 (6) to fix responsibility on the officers responsible for this delay and take appropriate disciplinary action against them. I request that the report of the enquiry may please be sent to me.

I look forward to your early action in the above matter,”.

64C of the Mumbai Municipal Corporation Act.

Act will not apply to:

• i) sub-judice matters;

• ii) cases referred to Lokayukta or Upa-Lokayuktas and other Constitutional institutions, Commissions, etc.; iii) quasi-judicial matters;

• iv) cases related to Central or other State Governments;

• v) cases related to Legislation;

• vi) cases involving major policy decisions.

You can make the Government work by using this Act.

Applicable only to Maharashtra Government bodies.