Adjudication of penalties: procedural scheme requiring show cause notices, electronic replies, hearings and MCA portal payment. Rule 37A empowers the Central Government to appoint adjudicating officers (not below Registrar) to impose penalties for non compliance by an LLP, its partners or other persons. The officer must issue a show cause notice stating the alleged default, relevant penal provisions and maximum penalty, allow 15-30 days for electronic reply (with a possible 15 day extension), and may require physical appearance or oral representation. The officer can summon witnesses, order document production, proceed in absence for non appearance, issue reasoned dated orders within prescribed timelines, require payment via the MCA portal, and remit realised penalties to the Consolidated Fund of India.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Adjudication of penalties: procedural scheme requiring show cause notices, electronic replies, hearings and MCA portal payment.
Rule 37A empowers the Central Government to appoint adjudicating officers (not below Registrar) to impose penalties for non compliance by an LLP, its partners or other persons. The officer must issue a show cause notice stating the alleged default, relevant penal provisions and maximum penalty, allow 15-30 days for electronic reply (with a possible 15 day extension), and may require physical appearance or oral representation. The officer can summon witnesses, order document production, proceed in absence for non appearance, issue reasoned dated orders within prescribed timelines, require payment via the MCA portal, and remit realised penalties to the Consolidated Fund of India.
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