TMI BlogAdjudication of penaltiesX X X X Extracts X X X X X X X X Extracts X X X X ..... and not more than thirty days from the date of service thereon), why the penalty should not be imposed on it or him. (3) Every notice issued under sub-rule (2), shall clearly indicate the nature of non-compliance or default under the Act alleged to have been committed or made by such limited liability partnership, its partner or its designated partner, or any other person, as the case may be and also draw attention to the relevant penal provisions of the Act and the maximum penalty which can be imposed on such limited liability partnership, its partners or designated partners or any other person, as the case may be. (4) The reply to such notice shall be filed in electronic mode only within the period as specified in the notice: Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w 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 thinks fit including an order for adjournment: Provided that after the hearing, the adjudicating officer may require the concerned person to submit his reply in writing on certain other issues related to the notice under sub-rule (2), relevant for determination of the default. (7) The adjudicating officer shall pass an order - (a) within thirty days of the expiry of the period specified in sub-rule (2), or of such extended period as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired 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 for doing so. (12) Penalty shall be paid through Ministry of Corporate Affairs portal only. (13) All sums realised by way of penalties under the Act shall be credited to the Consolidated Fund of India. Explanation 1. (a) For the purposes of this rule, the term specified manner shall mean service of documents as specified under sub-section (2) of section 13 and rules made thereunder and details in respect of address (including electronic mail ID) provided in the documents filed in the registry shall be used for communication under this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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