The Nagaland Government Servant (Transfer and Posting) Act, 2009

The Nagaland Government Servant (Transfer and Posting) Act 2009. (Act No.9 of 2009) Received the assent ofthe Governor ofNagaland on 1411 112009 and published in the Nagaland Gazette Extraordinary dated :Sm of December,2009. To regulate the transfer and posting of Government Servant to Ex-Cadre posts. Be it enacted in the sixtieth year of the Republic of Indiaas follows: 1. Short Title ,Extend & Commencement; (1) ThisAct may be CallecltheNagaland Servant (Transfer and Posting)ActJ009. (2) it shall extend to the whole of the State ofNagaland (3) It shall come into force with effect fiom the date of its publication in the Official Gazette. 2. Power to transfer Government Servant to Ex-Cadre post. Notwithstanding anythug contained in the service rules of various Departments of the Government of Nagaland, the Government of Nagaland shall have the power to transfer any Government servant, and to post him against any ex-cadre post ,in any Government Department, Public Sector undertalung, Corporation or Company, owned by the State Government ,subject to the following conditions: (i) that the ex-cadre post against which the Government servant is posted is not lower in terms of rank and pay sale, thanthe post helshe is holdmg in a substantive capacity; i i that the post& is done, either with the consent ofthe Government Servant concemor with the recommendation of the Civil Service Board, consisting ofthe following :- (1) Chief Secretary - Chairman (2) Secretary incharge of Home Department - Member (3) Commissioner, Nagaland - Member (4) Secretary in charge of P & AR - Member secretary 3. Power to make rules: The state Government may by noacation, make rules for cany out the purpose of this Act. 4. Power to remove difficulties. (i) If any difficulty or doubt arises in giving effect to the provision of this Act, the State Government may ,by order published in theNagaland Gazette, make suchprovisions, not inconsistent with the purpose of this Act as has appears to it to be necessary or expedient for the removal of the difficulty and doubt the order of the state Government in such cases shall be hal. (ii) Every order made under this section shall be laid as soon as may be after it is made, before the assembly. In case the Assembly agree in making any modification in the order or the assembly agree that the order should be made, the order shall thereafter have effect-o& in suchmodifiedform or be of no effect as the case may be, without prejudice to the validity of anythmg previously done under the order.