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

Under the Companies Act, 2013, the Central Government appoints adjudicating officers for adjudging penalties. Which statement correctly describes who may be appointed and how the appointment is made?

Adjudicating officers are officers of the Central Government not below the rank of Registrar, appointed by the Central Government through an order published in the Official Gazette, which must also specify each officer's jurisdiction, as section 454 provides.

  1. AOfficers of the Central Government not below the rank of Registrar, by an order published in the Official Gazette, with their jurisdiction specified in that orderCorrect
  2. BAny practising Company Secretary nominated by the Institute, by a circular issued to members
  3. COfficers of the State Government not below the rank of Deputy Secretary, by notification of the State Government
  4. DMembers of the National Company Law Tribunal, by order of the President of the Tribunal

Explanation

Section 454 empowers the Central Government to appoint, by Gazette order, officers not below the rank of Registrar as adjudicating officers and requires it to specify their jurisdiction in that order. The other options name appointing bodies or persons the section does not provide for.

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