1[15A. Posting and transfer of Members. -

(1) Initial posting of a Member shall be done by the Central Government in consultation with the President.

(2) Subsequent transfers to different Benches shall be done by the President having regard ordinarily to the following:—

(a) The capacity or otherwise of the Member for the purpose of his posting, including his efficiency, disposal and other relevant factors;

(b) A Member save and except for sufficient and cogent reasons shall not be posted at a place where he had earlier been practicing as an Advocate or a Chartered Accountant, Company Secretary or Cost Accountant, as the case may be;

(c) A Member may not be posted at a place where any of his parents, spouse or other close relation is practicing as an Advocate or a Chartered Accountant, Company Secretary or Cost Accountant in Company Law matters;

(d) Save and except for sufficient and cogent reasons, the Member shall not be posted at a place for a period exceeding three years, and ordinarily, a Member may not be posted at a place where he was earlier posted unless a period of two years has elapsed;

(e) Ordinarily a Member shall not be transferred before completion of three years at a station except on administrative grounds or on personal request basis.

(3) Transfer on personal request basis shall include considerations such as serious medical grounds, serious dislocation in children’s education, unavoidable family responsibilities; however consideration of transfer on personal request shall be subject to consideration of factors enumerated in sub-rule (2).

(4) Transfer on administrative grounds shall be made only in consultation with the Central Government.]

Amendment

1.  Inserted by the National Company Law Tribunal (Salary, Allowances and other Terms and Conditions of Service of President and other Members) Amendment Rules, 2019. Dated 23rd September 2019