Civil Procedure Code (CPC)

Various authorities under various acts


Dear Sir,

I am confused with following words, can someone help me to understand them. Meanings of

  1. Adjudication officer,
  2. Adjudication authority,
  3. Investigating authority,
  4. Administrative authority
  5. Regulatory authority
  6. Prosecuting authority
  7. Enforcement authority
  8. Appellate authority

Thanks in advance

 
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Hello Sir/Ma'am,

1.Adjudication Officer is someone who is appointed by the Central Government (not below the rank of a Director to Government of India or equivalent officer of a State Government) for holding as inquiry. No person can be appointed as an adjudicating officer unless he possess experience in the field of Information Technology and also legal or judicial experience prescribed by the Central Government. He is required to hold an inquiry in the manner prescribed by the Central Government to adjudge if any person has committed a contravention any rule, regulation, direction, which renders him liable to pay fine or compensation.

2.Adjudication Authority means any person or body with responsibility under Social Security Administration Act 1992, and regulation there under, to pass any order or decision, for determining of claims for benefit and questions arising in connection with a claim for, or award of, or disqualification for receiving benefits. It does not include the Commissioner, Revisional  Authority, the Authority for Advance Ruling, the Appellate Authority and the Appellate Tribunal.

3. Investigating Authority means any person or entity that is approved by the provider to conduct investigation of abuse and neglect or unlawful activity. It is designated by the Legislation.

4. Administrative Authority means a governmental agency that adopts or enforces regulations and guidelines for the design, construction, alteration of facilities, or a department or local public agencies, planning and zoning commissions, building departments, public work departments, or Municipality that have authority to govern individuals.

5. Regulatory Authority is a public authority or government agency responsible for exercising autonomous authority over some human area in a regulatory or supervisory capacity. They are commonly set up to enforce safety standards. Food and Drug Administration, Telecom Regulatory Authority are examples for the same.

6. Prosecuting Authority means the authority in jurisdiction who is responsible for prosecuting violations of a designated offence. It can be a district attorney, local government official charged with investigating, filing and conducting civil legal proceedings on behalf of or in the name of a particular political subdivision.

7. Enforcement Authority means any person or body having jurisdiction to enforce or to take action under or in respect to the relevant legal requirement. It can be any state agency or political subdivision of the state that has authority to enforce the codes.

8. Appellate Authority: In every public authority, an officer who is senior in the rank to the PIO and has been designated to hear appeals is referred to as the appellate authority.

Hope this helps.

Regards,

Esheta Lunkad


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Hello sir

Adjudicating officer, means the officer appointed by the Board as adjudicating officer under section 19H of the Act [Depositories (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 2005, R. 2(b)] Means the officer appointed by the securities and Exchange Board of India as adjudicating officer under section 23-I of the Act. [Securities Contracts (Regulation) (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 2005, R. 2(b)] means an adjudicating officer appointed under sub-s. (1) of s. 46. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (c)]

Adjudicating Authority exercise jurisdiction, powers and authority conferred by or under the PMLA. Where the Adjudicating Authority decides that any property is involved in money-laundering, Adjudicating Authority shall, by an order in writing confirm the attachment of the property made or retention of property or record seized (as under sec. 5 of PMLA).

Investigating authority means any person or entity that is approved by the provider to conduct investigations of abuse and neglect.

Administrative authority means the governmental agency that adopts or enforces regulations and guidelines for the design, construction, or alteration of buildings and facilities.

regulatory authority is a public authority or government agency responsible for exercising autonomous authority over some area of human activity in a regulatory or supervisor capacity. An independent regulatory agency is a regulatory agency that is independent from other branches or arms of the government.

Prosecuting authority means the attorney in the jurisdiction in which the designated offense occurred, or a designee, who is responsible for prosecuting violations of a designated offense.

enforcement authority means any person or body having jurisdiction to enforce or to take action under or in respect of the relevant legal requirement.

Appellate Authority means an authority appointed or authorised to hear appeals

Hope this Helps

Regards

Krish Mahajan


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