Adjudication of penalties: streamlined appointment, electronic notices and hearings with mandatory payment through the MCA portal. Amendment centralises appointment of adjudicating officers not below Registrar and requires written show-cause notices specifying alleged non-compliance, relevant penal provisions and maximum penalty. Replies must be filed electronically, with limited extension for sufficient cause; officers may summon witnesses, compel documents, require physical appearance or allow oral representation, and may pass orders after hearing or in the absence of non-appearing persons with reasons. Penalty quantum must account for company size, business nature, public injury, repetition, disproportionate gain and investor or creditor loss; fixed statutory penalties apply where provided. Penalties payable via MCA portal and credited 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: streamlined appointment, electronic notices and hearings with mandatory payment through the MCA portal.
Amendment centralises appointment of adjudicating officers not below Registrar and requires written show-cause notices specifying alleged non-compliance, relevant penal provisions and maximum penalty. Replies must be filed electronically, with limited extension for sufficient cause; officers may summon witnesses, compel documents, require physical appearance or allow oral representation, and may pass orders after hearing or in the absence of non-appearing persons with reasons. Penalty quantum must account for company size, business nature, public injury, repetition, disproportionate gain and investor or creditor loss; fixed statutory penalties apply where provided. Penalties payable via MCA portal and credited to the Consolidated Fund of India.
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