Companies (Adjudication of Penalties) Amendment Rules, 2019

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..... e date of their publication in the Official Gazette. 2 . In the Companies (Adjudication of Penalties) Rules, 2014 , for rule 3 , the following rule shall be substituted, namely:- 3 . Adjudication of Penalties. - (1) The Central Government may appoint any of its officers, not below the rank of Registrar, as adjudicating officers for adjudging penalty under the provisions of the Act. (2) Before adjudging penalty, the adjudicating officer shall issue a written notice in the specified manner. to the company, the officer who is in default or any other person, as the case may be, to show cause, within such period as may be specified in the notice (not being less than fifteen days and more than thirty days from the date of service .....

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..... ny, through its authorised representative. or officer of such company, or any other person, whether personally or through his authorised representative: Provided that if any person, to whom a notice is issued under sub-rule (2), desires to make an oral representation, whether personally or through his authorised representative and has indicated the same while submitting his reply in electronic mode, the adjudicating officer shall allow such person to make such representation after fixing a date of appearance. (6) On the date fixed for hearing and after giving a reasonable opportunity of being heard to the person concerned, the adjudicating officer may', subject to reasons to be recorded in writing, pass any order in writing as he .....

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..... namely:- (a) to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case after recording reasons in writing; (b) to order for evidence or to produce any document, which in the opinion of the adjudicating officer, may be relevant to the subject matter. (11) If any person fails to reply or neglects or refuses to appear as required under sub-rule (5) or sub-rule (10) before the adjudicating officer, the adjudicating officer may pass an order imposing the penalty, in the absence of such person after recording the reasons doing so. (12) While adjudging quantum of penalty, the adjudicating officer shall have due regard to the following factors, namely: (a) size of the company: ( .....

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