TMI BlogChapter XXIX - The Companies (Adjudication of Penalties) Rules, 2014.X X X X Extracts X X X X X X X X Extracts X X X X ..... nto force on the date of their publication in the Official Gazette. 2. Definitions. (1) In these rules, unless the context otherwise requires,- (a) Act means the Companies Act, 2013 (18 of 2013) ; (b) Annexure means the Annexure enclosed to these Rules; (c) Fees means fees as prescribed in the Companies (Registration Offices and Fees) Rules, 2014 ; (d) Form or e-Form means a form set forth in Annexure to these rules which shall be used for the matter to which it relates; (e) Regional Director means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; (f) section means section of the Act; (2) Words and expressions used in these rules but not defi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall issue a notice fixing a date for the appearance of such company, through its authorised representative, or officer of such company whether personally or through his authorised representative (4) On the date fixed for hearing and after giving a reasonable opportunity of being heard to the person(s) concerned, the adjudicating officer may, subject to reasons to be recorded in writing, pass any order as he thinks fit including an order for adjournment of the hearing to a future date. (5) Every order passed under sub-rule (4), shall be dated and signed by the adjudicating officer. (6) The adjudicating officer shall send a copy of the order passed by it to the concerned company or officer who is in default and to the Central Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etting forth the grounds of appeal and shall be accompanied by a certified copy of the order against which the appeal is sought: Provided that where the party is represented by an authorized representative, a copy of such authorisation in favour of the representative and the written consent thereto by such authorised representative shall also be appended to the appeal: Provided further that an appeal in Form ADJ shall not seek relief(s) therein against more than one order unless the reliefs prayed for are consequential. (2) Every appeal filed under this rule shall be accompanied by such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 . 5. Registration of appeal.- (1) On the receipt of an appeal, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty-one days, as may be stipulated by the Regional Director in the said notice: Provided that the Regional Director may, for reasons to be recorded in writing, extend the period referred to in sub-rule (1) above for a further period of twenty-one days, if the adjudicating officer satisfies the Regional Director that he had sufficient cause for not being able to file his reply to the appeal within the above-said period of twenty-one days. (2) A copy of every reply, application or written representation filed by the adjudicating officer before the Regional Director shall be forthwith served on the appellant by the adjudicating officer. (3) The Regional Director shall notify the parties, the date of hearing of the appeal which shall no ..... X X X X Extracts X X X X X X X X Extracts X X X X
|