A-22011/02/2019-Ad.

11
Government of India
Ministry of Corporate Affairs

5th Floor, IA'_ Wing, Shastri Bhawan,

New Delhi, Dated: 06.01.2020

OFFICE MEMORANDUM

Subject: Circulation of Transfer Policy of Group 'A', Group '8' and Group 'C' officials of the cadres
of Ministry of Corporate Affairs

The undersigned is directed to forward herewith three separate Transfer Policies for Group lA'
officers, Group IB' officials(Alllndia Seniority) and Group IB' & 'C' officials (Regional Seniority) in the
cadres of the Ministry, as Annexure-I, Annexure-II and Annexure-III, respectively.

2. These policies have been approved by Hon'ble CAM and supersede earlier instructions on
I

transfer and posting for all cadres (Gp A, B & C) of the Ministry contained in OM No. A-22011/1/2011-
Ad.1I dated 03.02.2012, OM No. A-22011/02/2008-Ad.1I dated 22.02.2013 and OM No. A-
42011/123/2013-Ad.II dated 31.12.2013.

3. The separate norms for transfer/posting of ICLS officers (Group IA') in Central Registration
Centre (CRC), Manesar, as circulated vide OM No. A-42011/12/2016-Ad.II dated 18.10.2016, will
. .
however, remain unchanged.

Encl:- as stated

~
(Manish Kumar Sa hay)
Under Secretary to the Government of India
Tele: 23383507
To

1) PS to Hon'ble CAM/ MoS, CA

2) % Secretary/AS / JS (K)/JS (G)/ JS (MP)
3) O/b DGCoA/ Dlls/ Dir. (L&P)
4) All Regional Directors/ ROCs/ OLs/ROC-cum-OLs
5) ICLS Academy, Manesar
6) All Group A, Group Band C officials (through MCA's website)
7) E-Gov. Cell for placing it in the employees' corner (under Transfer/posting and Transfer Policy
link)
8) Guard file-2020
 No. A-22011/02/2019-Ad. II
Government of India
Ministry of Corporate Affairs
5th Floor, (A'- Wing, Shastri Bhawan,
Dr. Rajendra Prasad Road, New Delhi
Dated :06.01.2020

POLICYTO REGULATETRANSFERS/ POSTINGSOF GROUP 'A' OFFICERS

The instant policy supersedes earlier instructions on transfer and posting of Group (A' officers of
this Ministry, contained in OM No. A-22011/1/2011-Ad-1I dated 03.02.2012, and OM No. A-
42011/123/2013-Ad-11 dated 31.12.2013.

1. Transfer liability

All officers are liable to be posted in any of the offices or organization of Ministry of Corporate
Affairs, anywhere in India or outside.

2. Office tenure

Minimum tenure in an office shall be 03 years. In case of IClS Academy, the tenure shall
however be 02 years. Transfer before completion of office tenure may however be ordered in
cases of administrative exigencies and on compassionate 'grounds.

3. Station tenure

Normal station tenure shall be 10 years. An officer can be posted out of station before
completion of station tenure, but, normally not before 03 years.

4. Re-posting restrictions

An officer normally may not be re-posted to same office within 10 years from the date of his/her
last transfer from that office. He/she may, however, be posted back to the same office at higher
levels after 6 years.

5. Posting in remote areas

The normal tenure of posting in North-Eastern region, Jammu & Kashmir and other hardship/
difficult areas, as notified from time to time, by competent authority, shall be 2 years.

6. Transfer on promotion

The promotions will normally entail a change in office/ station.

7. Request transfer

Request transfers on compassion may be considered on grounds of-

(i) Superannuation within 2 years

(ii) Working spouse
(iii) Serious/terminal disease and/or extraordinary disabilities of self/family
members
(iv) Single/widow lady official

8. . Mid-term transfer

Mid-term transfers will be considered in exceptional circumstances or on administrative grounds

9. Procedure for Annual Rotational Transfer

An extensive exercise for rotation transfer will be undertaken on annual basis (Annual Rotational
Transfer). The following procedures will be followed:

(i) Applications for transfer will be invited in a prescribed format, by December of the
year preceding the ART Year. Circular to this effect will be issued, by the Ministry.

(ii) All willing officers will submit their requests to respective HOO/Division Heads,
who in turn will forward it to the Regional Directorate/Administrative Division of
the Ministry, along with their remarks/ recommendations, and supporting
documents, if any.

(iii) All requests of field offices shall be forwarded to the Ministry in the prescribed
proforma, latest by 15th February of each year.

(iv) Orders for annual transfer shall normally be issued by 31st March of every year.

(v) The cutoff date for calculation of number of years in an office/station shall be 31st
March of the year.

10. Annual Rotational Transfer Committee

There shall be two Committees for recommending transfer of ICLS officers- one for officers up to
the level of Junior Administrative Grade (JAG) and the other for all officers of Senior
Administrative Grade and above. The composition of such committees is given below:
A. Transfer Committee 'A' (TC-A)
. For members of ICLS in SAG and above (where Transfers will be approved by the Minister-
in-Charge):

(i) Secretary, Ministry of Corporate Affairs Chairman

(ii) Additional Secretary, MCA Member

(iii) DGCoAj senior-most ICLS officer posted in Delhi- Member

(iv) Joint Secretary, MCA Member

B. Transfer Committee 'B' (TC-B)

For Group A officers in the JAG and below (where transfers are approved by Secretary):
(i) Additional Secretary, MCA Chairman.

(ii) DGCoA/ senior-most ICLS officer posted in Delhi- Member

(iii) Joint Secretary, MCA Member

(iv) Joint Secretary, MCA Member

C. The recommendations of the Committee will be placed before the Competent Authority
for approval.

11. Powers delegated to Regional Directors

The Regional Directors are authorized to order temporary transfer of JTSj STS level ICLS officers
for a period not exceeding 6 months, in order to cope with emergent situations arising out pf
unforeseen circumstances and in the interest of official work. During these 6 months, the
temporarily transferred JTSj STS officer shall continue to draw salary from last office, where he
is permanently posted by MCA Headquarters.

12. Residuary jurisdiction and powers to relax

Ministry retains jurisdiction in all residuary matters and also to relax any of the provisions in
deserving circumstances. In administrative exigencies, the Ministry may order any transfer
beyond this policy.

13. Compliance of transfer orders

After issue of transfer orders, the controlling officers responsible for relieving the transferred
officers will be responsible for its compliance. No leave to be sanctioned to any transferred
officer, after his/her transfer, by the controlling officers.
 No. A-22011/02/2019-Ad. II
Government of India
Ministry of Corporate Affairs

5th Floor, 'A'- Wing, Shastri Bhawan,

Dr. Rajendra Prasad Road, New Delhi
Dated: 06.01.2020

TRANSFERPOLICY FOR GROUP fB' OFFICIALS WITH All INDIA SENIORITY

The instant policy supersedes all earlier instructions on transfer and posting of Group 'B'
officers/officials (with all India seniority) of this Ministry, contained inter alia in OM No. A-
22011/1/2011-Ad-II dated 03.02.2012, OM No A-22011/02/2008-Ad-1I dated 22.02.2013; and OM
No. A-42011/123/2013-Ad-1I dated 31.12.2013.

1. Transfer liability

All officers are liable to be posted in any ofthe offices or organization of Ministry of Corporate Affairs,
anywhere in India or outside.

2. Office tenure

Minimum tenure in an office shall be 05 years, extendable up to 10 years, depending upon

administrative exigencies.

3. Station tenure

Normal station tenure shall be 10 years. An officer can be posted out of station before completion of
station tenure, but, normally not before 05 years.

4. Re-posting restrictions

An officer, normally, may not be re-posted to same office within 05 years from the date of his/her
last transfer from that office.

5. Posting in remote areas

The normal tenure of posting in North-Eastern region, Jammu & Kashmir and other hardship/ difficult
areas, as notified from time to time, by competent authority, shall be 2 years.

6. Transfer on promotion

The promotions will normally entail a change in office/ station.

7. Request transfer

Request transfers on compassion may be considered on grounds of-

(i) Superannuation within 2 years

(ii) Working spouse
(iii) Serious/terminal disease and/or extraordinary disabilities of self/family members
(iv) Single/widow lady official

8. Mid-term transfer

Mid-term transfers will be considered only in exceptional circumstances, or on administrative

grounds

9. Procedure for Annual Rotational Transfer

An extensive exercise for rotation transfer will be undertaken on annual basis (Annual Rotational
Transfer). The following procedures will be followed:

(i) Applications for transfer will be invited in a prescribed format. Circular to this effect
will be issued by the Ministry by December of the year preceding the ART Year.
(ii) All willing officers will submit their requests for transfer, to respective HOO/Division
Heads, who. in turn will forward it .to the Regional Directorate/
. Administrative Division
.
of the Ministry, along with their remarks/ recommendations and supporting
documents, if any.
(iii) All requests for inter-region transfer, shall be forwarded to the Ministry by Regional
Directorates, latest by 01st February of each year.
(iv) The order for inter-region annual transfer shall normally be issued by the Ministry
before 31st March of every year.
(v) The tenure completion cases and requests for transfer within the region will be
considered by the concerned Regional Director for intra-region transfer. The Regional
Directors will issue order for intra-region transfer by 15th April.

10. Annual Rotational Transfer Committee

A. Inter- Regional Transfer Committee shall be constituted for considering cases.for inter-region
transfers under ART. The composition of the Committee will be as under:-

(i) Additional Secretary, MCA Chairman

(ii) Joint Secretary, MCA Member
(iii) DGCoA/ senior-most ICLS officer - Member
(iv) Joint Secretary, MCA Member
 Note: The recommendations of the Committee will be placed before the Competent
Authority for approval.

B. Regional Transfer Committee shall be constituted in each Directorate for considering cases
for intra-region transfers under ART. The composition of the Committee will be as under:

(i) Joint Director/ Deputy Director from RD office

(ii) Senior-most Registrar of Companies (RoC) of the Region
(iii) Senior-most Official Liquidator (OL) of the Region

Note 1: The senior-most member of the Committee will be the Chairperson.

Note 2: If sufficient number of officers are not available for constitution of the Regional
Transfer Committee, Member(s) may be co-opted from adjoining region(s), on the basis of
nomination.

C. If felt necessary, Ministry may order constitution of common ART Committee for two or
more Regions.

D. The recommendations of the Committee will ordinarily be accepted by the Regional Directors.
If the Competent Authority decides to depart from the recommendations, reasons for such departure
will be recorded.

11. Powers delegated to Regional Directors .

The Regional Directors will decide transfer of Group 'B' officers (with all India seniority) within the
region, as per the policy, in a fair and just manner, and keeping in view the sanctioned and actual
strength of all the offices under their control.

12. Residuary jurisdiction and powers to relax

Ministry retains jurisdiction in all residuary matters and also to relax any of the provisions in deserving
circumstances. In administrative exigencies, the Ministry may order any transfer beyond this policy.

13. Compliance of transfer orders

.
After issue of transfer orders, the controlling officers responsible for relieving the transferred officers
will be responsible for its compliance. No leave to be sanctioned to any transferred officer, after
his/her transfer, by the controlling officers.
 N.J. A-22011/02/2019-Ad. II
Government of India
Ministry of Corporate Affairs
5th Floor, 'A'- Wing, Shastri Bhawan,
Dr. Rajendra Prasad Road, New Delhi
Dated: 06.01.2020

TRANSFER POLICY FOR GROUP 'B' AND 'c' OFFICIALS WITH REGIONAL SENIORITY

The instant policy supersedes all earlier instructions on transfer and posting of Group 'B'
(with regional seniority) and Group 'C officials ofthis Ministry, contained inter alia in OM No. A-
22011/1/2011-Ad-11 dated 03.02.2012, OM No A-22011/02/2008-Ad-1I dated 22.02.2013; and OM
No. A-42011/123/2013-Ad-11 dated 31.12.2013.

1. Transfer liability

All officials are liable to be posted in any of the offices or organization of Ministry of Corporate
Affairs, anywhere in India or outside.

2. Tenure

(A) Intra-region Transfers- Intra-region transfer may be considered as under:

(i) Where there are more than one office at a station, the officials will be regularly
rotated between (or among) the offices, by Regional Directors on completion of
continuous 05 years of service in an office.

(ii) Where there is only one office at a station, inter-station transfers will take place
on regular promotion or on direct recruitment to a higher post.

(B) Inter-region Transfers- Group B/C officials with regional seniority will not be transferred
outside the region unless they are promoted or directly recruited to a cadre/post where All India
seniority is maintained or due to administrative reasons like transfer of post etc. Any Group B/C
official with regional seniority may, however, be considered by the Ministry for inter-region
transfer, subject to following conditions:-

(i) The official is willing for inter-region transfer.

(ii) The request for transfer is forwarded by Regional Director.

(iii) The employee seeking such transfer has completed 3 years in the Region.

(iv) As seniority is maintained on regional basis, the official will be placed at the
bottom of seniority list of the post in the 'new' region.

Inter-region transfers may also be ordered by the Ministry due to administrative reasons like
transfer of post etc.

3. Re-posting restrictions

An official, normally, may not be re-posted to same office within 05 years from the date of his/her
last transfer from that office.
4. Request transfer

Request transfers on compassion may be considered on grounds of-

(i) Superannuation within 2 years

(ii) Working spouse
(iii) Serious/terminal disease and/or extraordinary disabilities of self/family
members
(iii) Single/widow lady official

5. Mid-term transfer

Mid-term transfers will be considered only in exceptional circumstances, or on administrative

grounds

6. Rotational Transfer Committee

(A) Inter-Region Transfer Committee shall be constituted for considering cases for
inter-region transfers under ART. The composition of the Committee will be as under:-

(i) Additional Secretary, MCA Chairman

(ii) Joint Secretary, MCA Member
(iii) Joint Secretary, MCA Member
(iv) Senior-most IClS officer Member

Note: The recommendations of the Committee will be placed before the Competent
Authority for approval.

(8) Regional Transfer Committee shall be constituted in each Directorate for

considering cases for intra-region transfers under ART. The composition of the Committee
will be as under:

(i) Joint Director/ Deputy Director from RD office

(ii) Senior-most Registrar of Companies (RoC) of the Region

(iii) Senior-most Official Liquidator (Ol) of the Region

Note 1: The senior-most member of the Committee will be the Chairperson.

Note 2: If sufficient number of officers are not available for constitution of the Regional
Transfer Committee, Member(s) may be co-opted from adjoining region(s), on the basis
of nomination.

Note 3: The recommendations of Regional Transfer Committee will be placed before the
concerned Regional Director. The recommendations of the Committee will ordinarily be
accepted by the Regional Director. If the Competent Authority decides to depart from the
recommendations, reasons for such departure will be recorded.

,\ I,'

~!~
7. Powers of Regional Directors for transfer

The Regional Directors will decide transfer of Group 'B' and Group 'C' officials (with regional
seniority) within the region, as per the policy, in a fair and just manner, and keeping the
sanctioned and actual strength of all the offices under their control.

8. Residuary jurisdiction and powers to relax

Ministry retains jurisdiction in all residuary matters and also to relax any of the provisions in
deserving circumstances. In administrative exigencies, the Ministry may order any transfer
beyond this policy.

9. Compliance of transfer orders

After issue of transfer orders, the controlling officers responsible for relieving the transferred
official will be responsible for its compliance. No leave to be sanctioned to any transferred official,
after his/her transfer, by controlling officers.