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CS Executive · Setting Up of Business, Industrial and Labour Laws · Setting up of Business outside India and Issues Relating thereto

The Competent Authority under section 37A is an officer appointed by the Central Government. What is the minimum rank required for this officer?

The Competent Authority must be an officer not below the rank of Joint Secretary to the Government of India, appointed by the Central Government. A lower rank such as Deputy Secretary does not qualify, though a higher rank would also satisfy the minimum requirement.

  1. ADeputy Secretary to the Government of India
  2. BDirector in the Directorate of Enforcement
  3. CJoint Secretary to the Government of IndiaCorrect
  4. DSecretary to the Government of India

Explanation

Section 37A(2) states that the Competent Authority shall be an officer not below the rank of Joint Secretary to the Government of India. A Deputy Secretary is below that rank. The text does not require the rank of Secretary, which is higher than the minimum.

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