The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976

(1) This Act may be called the Departmentalisation of UnionAccounts (Transfer of Personnel) Act, 1976. (2) It shall be deemed to have come into force on the 1st day of March, 1976.

(1)Where the President has by order under the first proviso to sub-section (1) of section 10 of theComptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971),provided for relieving, with effect from any date (hereinafter referred to as the prescribed date), theComptroller and Auditor-General from the responsibility for compiling any accounts of the Union or ofany services or departments of the Union as may be specified in such order, then, subject to the provisionsof this Act, it shall be lawful for the Central Government, on the advice of a Committee established undersub-section (2), to transfer, by order and with effect from such date or dates (which may be eitherretrospective to any date not earlier than the prescribed date or prospective) as may be specified in theorder, to any Ministry or Department of the Central Government or any of its attached or subordinateoffices, any of the officers or employees serving in the Indian Audit and Accounts Department, for thepurpose of facilitating the efficient discharge by such Ministry, Department or office of the responsibilityof compiling such accounts: Provided that no order under this sub-section shall be made in relation to any such officer oremployee serving in the Indian Audit and Accounts Department who has, in respect of the proposal madeon 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 theCentral Government is of opinion that it is necessary in the public interest to transfer such officer oremployee as aforesaid: Provided further that nothing in this sub-section shall affect the right of any such officer or employeeto resign or retire from service in accordance with the rules applicable to him in the Indian Audit andAccounts Department. (2) The Central Government may, by order, establish one or more Advisory Committees consisting ofsuch number of members as it thinks fit for the purpose of assisting it in regard to the transfer of officersand employees under sub-section (1). (3) An officer or other employee transferred to any Ministry, Department or office of the CentralGovernment by an order made under sub-section (1) shall, on and from the date of transfer, cease to be anofficer or employee in the Indian Audit and Accounts Department and shall, subject to the provisions ofsub-section (4) and of any law or rules made under Chapter I of Part XIV of the Constitution, hold officein such Ministry, Department or office with 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 apost carrying a scale of pay not less favourable than that of the post which he held immediately before thedate of such transfer and in the same capacity (whether substantive or officiating) in which he held thepost last mentioned: Provided that if immediately before the date of such transfer any such officer or employee isofficiating in a higher post in the Indian Audit and Accounts Department either in a leave vacancy or inany other vacancy of a specified duration, his pay, on transfer, shall be protected for the unexpired periodof such vacancy.

(1) The Departmentalisation of Union Accounts (Transfer of Personnel)Ordinance, 1976 (2 of 1976), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall bedeemed to have been done or taken under the corresponding provisions of this Act.