Securitisation And Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002
Section - 30A - Power of adjudicating authority to impose penalty
[Power of adjudicating authority to impose penalty.
30A.
(1) Where any asset reconstruction company or any person fails to comply with any direction issued by the Reserve Bank under this Act the adjudicating authority may, by an order, impose on such company or person in default, a penalty not exceeding one crore rupees or twice the amount involved in such failure where such amount is quantifiable, whichever is more, and where such failure is a continuing one, a further penalty which may extend to one lakh rupees for every day, after the first, during which such failure continues.
(2) For the purpose of imposing penalty under sub-section (1), the adjudicating authority shall serve a notice on the asset reconstruction company or the person in default requiring such company or person to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall be given to such person.
(3) Any penalty imposed under this section shall be payable within a period of thirty days from the date of issue of notice under sub-section (2).
(4) Where the asset reconstruction company fails to pay the penalty within the specified period under sub-section (3), the adjudicating authority shall, by an order, cancel its registration:
Provided
that an opportunity of being heard shall be given to such asset reconstruction company before cancellation of registration.
(5) No complaint shall be filed against any person in default in any court pertaining to any failure under sub-section (1) in respect of which any penalty has been imposed and recovered by the Reserve Bank under this section.
(6) Where .... To read the full section download the app from Google Play store
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