Section 36 of The Pension Fund Regulatory and Development Authority Act, 2013 in hindi
- (1)Any person aggrieved by an order made by the Authority or by an adjudicating officer under this Act may prefer an appeal before the Securities Appellate Tribunal which shall have jurisdiction over the matter.
- (2)Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date of receipt of the order appealed against and it shall be in such form and manner and shall be accompanied by such fee as may be prescribed: Provided that the Securities Appellate Tribunal may entertain an appeal after the expiry of the said period, if it is satisfied that there was sufficient cause for not preferring the appeal within that period.
- (3)On receipt of an appeal under sub-section (1), the Securities Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.
- (4)The Securities Appellate Tribunal shall send a copy of every order made by it to the Authority, the parties to the appeal and to the adjudicating officers concerned.
- (5)The appeal filed before the Securities Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date on which the appeal is presented to it.
- (6)Without prejudice to the provisions of sections 15T and 15U of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Securities Appellate Tribunal shall deal with an appeal under this section in accordance with such procedure as may be prescribed.
Summary
- If a person is unhappy with a decision made by the Authority or an adjudicating officer, they can appeal to the Securities Appellate Tribunal.
- The person has exactly forty-five days from receiving the order to file their appeal.
- The tribunal can allow late appeals if the person proves they had a very good reason for missing the deadline.
- The tribunal must try to finish handling the appeal within six months of receiving it.
- After making a decision to confirm, change, or cancel the original order, the tribunal will send a copy of its final order to everyone involved.
Practical examples
FAQ
1. Where do I go if I want to challenge an order from the Authority?
You can file an appeal with the Securities Appellate Tribunal.
2. How much time do I have to file an appeal?
You have forty-five days from the date you receive the order.
3. How long does the appeal process take?
The tribunal is supposed to try its best to completely finish the appeal within six months.
Test yourself
Q1.Under Section 36 of The Pension Fund Regulatory and Development Authority Act, 2013, where must a person go to appeal an order made by an adjudicating officer?
Q2.Under Section 36 of The Pension Fund Regulatory and Development Authority Act, 2013, what is the standard time limit for filing an appeal after receiving an order?
Q3.Under Section 36 of The Pension Fund Regulatory and Development Authority Act, 2013, what is the target timeline for the Securities Appellate Tribunal to finally dispose of an appeal?
Q4.Under Section 36 of The Pension Fund Regulatory and Development Authority Act, 2013, if an adjudicating officer penalizes a company under Section 30, and the company misses the 45-day appeal window, what is the only way the appeal can still be heard?