Under section 8(1) of the Banning of Unregulated Deposit Schemes Act, 2019, Designated Courts are…
Section 8(1) of the Banning of Unregulated Deposit Schemes Act, 2019 directs the appropriate Government, "with the concurrence of the Chief Justice of the concerned High…
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Under section 8(1) of the Banning of Unregulated Deposit Schemes Act, 2019, Designated Courts are constituted by the appropriate Government, by notification:
Answer and explanation
Correct answer B
Section 8(1) of the Banning of Unregulated Deposit Schemes Act, 2019 directs the appropriate Government, "with the concurrence of the Chief Justice of the concerned High Court", to constitute Designated Courts by notification for specified areas or cases. Each is presided over by a Judge not below the rank of a District and Sessions Judge or Additional District and Sessions Judge. Under section 8(2), no court other than the Designated Court has jurisdiction over matters to which the Act applies.
The Act requires neither consultation with the RBI nor a recommendation by the Competent Authority. The Competent Authority is a separate officer, not below the rank of Secretary, appointed under section 7 to attach deposits and property. The concurrence needed is that of the Chief Justice of the concerned High Court, not the Chief Justice of India. The presiding judge must hold at least the rank of District and Sessions Judge or Additional District and Sessions Judge, so a Chief Judicial Magistrate or a Civil Judge (Senior Division) does not qualify.