Legislation UpdatesRules & Regulations

G.S.R. 682(E).— In exercise of the powers conferred by sub-section (1) and sub-section (2) of Section 469 of the Companies Act, 2013(18 of 2013), the Central Government hereby makes the following rules further to amend the National Company Law Tribunal (Salary, Allowances and other Terms and Conditions of Service of President and other Members) Rules, 2015 namely :—

1. (1) These rules may be called the National Company Law Tribunal (Salary, Allowances and other Terms and Conditions of Service of President and other Members) Amendment Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the National Company Law Tribunal (Salary, Allowances and other terms and conditions of service of President and other Members) Rules, 2015, after Rule 15, the following rule shall be inserted, namely:—

15 A. 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 practising 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 practising 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 a 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.”


Ministry of Corporate Affairs

[Notification dt. 23-09-2019]

Amendments to existing lawsLegislation Updates

The Right to Information (Amendment) Bill, 2019 received President of India’s assent on 01-08-2019.

The Right to Information (Amendment) Act, 2019 will come into force by amending the Right to Information Act, 2005.

Major Highlights of the bill are:

  • Term of Office of the Chief Information Commissioner, Information Commissioner and State Chief Information Commissioner will be prescribed by the Central Government.
  • Salaries and Allowances along with other terms and conditions of service will also be prescribed by the Central Government

Following are the amendments introduced under the Act:

Section RTI Act, 2005 RTI (Amendment) Act, 2019
Section 13(1)

The Chief Information Commissioner shall hold office “for a term of five years from the date on which he enters upon his office” and shall not be eligible for reappointment

The Chief Information Commissioner shall hold office “for such term as may be prescribed by the Central Government” and shall not be eligible for reappointment.

Section 13(2)

Every Information Commissioner shall hold office “for a term of five years from the date on which he enters upon his office” or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner

Every Information Commissioner shall hold office “for such term as may be prescribed by the Central Government” or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner

Section 13(5)

Substitution of sub-section 5

“(5) The salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners shall be such as may be prescribed by the Central Government:

Provided that the salaries, allowances and other conditions of service of the Chief Information Commissioner or the Information Commissioners shall not be varied to their disadvantage after their appointment:

Provided further that the Chief Information Commissioner and the Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the Rules made thereunder as if the Right to Information (Amendment) Act, 2019 had not come into force.”

Section 16 (1)

The State Chief Information Commissioner shall hold office “for a term of five years from the date on which he enters upon his office” and shall not be eligible for reappointment.

The State Chief Information Commissioner shall hold office “for such term as may be prescribed by the Central Government” and shall not be eligible for reappointment.

Section 16(2)

Every State Information Commissioner shall hold office “for a term of five years from the date on which he enters upon his office” or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner

Every State Information Commissioner shall hold office “for such term as may be prescribed by the Central Government” or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner

Section 16 (5) Sub-section (5) has been substituted

“(5) The salaries and allowances payable to and other terms and conditions
of service of the State Chief Information Commissioner and the State Information
Commissioners shall be such as may be prescribed by the Central Government:

Provided that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment:

Provided further that the State Chief Information Commissioner and the State Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the Rules made thereunder as if the Right to Information (Amendment) Act, 2019 had not come into force.”

Section 27 Insertion of two new clauses, i.e.

  • (ca)
  • (cb)

(ca) the term of office of the Chief Information Commissioner and Information Commissioners under sub-sections (1) and (2) of Section 13 and the State Chief Information Commissioner and State Information Commissioners under sub-sections (1) and (2) of Section 16;

(cb) the salaries, allowances and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners under sub-section (5) of Section 13 and the State Chief Information Commissioner and the State Information Commissioners under sub-section (5) of Section 16;


Ministry of Law and Justice