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CS Professional · Compliance Management, Audit and Due Diligence · Non-Compliances, Penalties and Adjudications

The Central Government has appointed Mr. Rao, a Registrar of Companies, as an adjudicating officer under the Companies Act, 2013. Which statement correctly describes how his appointment and jurisdiction are fixed?

The Central Government appoints adjudicating officers, who must be of the rank of Registrar or above, by an order published in the Official Gazette. While appointing them, it must specify their jurisdiction in that same order.

  1. AThe Central Government appoints officers not below the rank of Registrar by an order published in the Official Gazette and must specify their jurisdiction in that orderCorrect
  2. BThe Regional Director appoints any officer of the Ministry and the jurisdiction is decided by the officer himself
  3. CThe Tribunal appoints adjudicating officers from among retired judges and fixes their territorial limits
  4. DThe Central Government appoints officers of any rank, and jurisdiction need not be specified

Explanation

Section 454(1) lets the Central Government appoint officers not below the rank of Registrar by Gazette order, and 454(2) requires it to specify their jurisdiction in that order. The other options name the wrong appointing authority, rank or jurisdiction rule.

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