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The Ministry of Corporate Affairs (MCA) issued a notification on 5th August 2024 inserting Rule 3A of the Companies (Adjudication of Penalties) Rules 2014. These amendments will come into effect on 16th September 2024.

Key highlights of the amendments are:

• Introduction of an E-Adjudication Platform –

a) All proceedings (including issue of notices, filing replies or documents, evidences, holding of hearing, attendance of witnesses, passing of orders and payment of penalty) of adjudicating officer and Regional Director shall take place only through the said electronic platform. 

b) In case of non-availability of the e-mail address of any concerned person, the notice or summons will be sent via post to the last intimated address or the one available in the records, and the officer shall preserve its copy in the e-adjudication platform.

However, if the address of the person concerned is not available, the notice shall be directly placed on the e-adjudication platform.

• Form No. ADJ has also been revised with minor informative changes and following major additions to the existing form –

a) Mandatorily mentioning the Order ID number of the adjudication order appealing against mentioning the details thereof

b) An appellant can now appeal on behalf of other appellants by stating their details.

c)In the event of a delay in filing the appeal, the appellant can also justify the reason for such delay.

d) Additional non-mandatory attachments now include – a copy of authorisation in favour of authorised representative, if any. and Order of condonation of delay, if any.

For further details, refer to the official notification by the Ministry of Corporate Affairs at https://www.mca.gov.in/bin/ebook/dms/getdocumentdoc=NDY1NTg0NTk5&docCategory=Notifications&type=open