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DEPARTMENTALISATION OF UNION ACCOUNTS (TRANSFER OF PERSONNEL) ACT, 1976
59 of 1976
8th April, 1976
An Act to provide for the transfer of officers serving in the Indian Audit and Accounts Department to any Ministry, Department or office of the Central Government for facilitating the effcient discharge by such Ministry. Department or officer of the responsibility in connection with compiling the accounts thereof. BE it enacted Parliament in the Twenty-seventh Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMT
(1) This Act may be called the Departmenlalisation of Union Accounts (Transfer of Personnel) Act 1976.
(2) It shall be deemed to have come into force on the 1st day of March 1976.
SECTION 02: TRANSFER OF OFFICERS AND EMPLOYEES OF TLIE INDIAN AUDIT AND ACCOUNTS DEPARTMENT
(1) Where the President has, by order under the first proviso to sub-section (1) ofsection 10 of the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971, provided for relieving, with effect from any dale (hereinafter referred to as the prescribed date), the Comptroller and Auditor-General from the responsibility for compiling any accounts of the Union or of any services or departments of the union as may be specified in such order, then, subject to the provisions of this Act, it shall be lawful for the Central Government, on the advice of a Committee established under sub-section (2), to transfer, by order and with effect from such dale or dates (which may be either retrospective to any date not earlier than the prescribed dale or prospective) as may be specified in the order, to any Ministry of Department of the Central Government or any of its attached or subordinate offices, any of the officers or employees serving in the Indian Audit and Accounts Department, for the purpose of facilitating the efficient discharge by such Ministry, Department or office of the responsibility of compiling such accounts: Provided that no order under this sub-section shall be made in relation to any such officer or employee serving in the Indian Audit and Accounts Department who has, in respect of the proposal made on the advice of the Committee to transfer such officer or employee under this sub-section, intimated within such time as may be specified in this behalf his unwillingness to be so transferred, unless the Central Government is of opinion that it is necessary in the public interest to transfer such officer or employee as aforsaid: Provided further that nothing in this sub-section shall affect the right of any such officer or employee to resign or relire from service in accordance with the rules applicable lo him in lhe Indian Audit and Accounts Department..
(2) The Central Government may, by order, establish one or more Advisory Committees consisting of such number of members as it thinks fit for the purpose of assisting it in regard to the transfer of officers and employees under sub-section (1)
(3) An officer or other employee transferred to any Ministry, Department or office of the Central Government by an order made under sub-section (1) shall, on and from the date of transfer, cease to he an officer or employee in lhe Indian Audit and Accounts Department and shall, subject to the provisions of sub- section (4) and of any law or rules made under Chapter I ofPart 14 of the Constitution, hold office in such Ministry, Department or office wilh such designation as the Central Government may specify.
(4) Every officer or employee transferred under sub-section (1) shall be entitled to be appointed to a post carrying a scale of pay not less favourable than that of lhe post which he held immediately before lhe dale of such transfer and in the same capacity (whether substantive or officating) in which he held the post last mentioned: Provided that if immediately before the dale of such transfer any such officer or employee is officiating in a higher post in lhe Indian Audit and Accounts Department either in a leave vacancy or in any other vacancy of a specified duration, his pay. on transfer, shall be protected for the unexpired period of such vacancy.
SECTION 03: REPEAL AND SAVING
(1) The Departmentalisation of Union Accounts (Transfer of Personnel) Ordinance, 1976, is hereby repeated.
(2) Notwithstanding such repeal, anything dome or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
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