OBL-51: Board Proceedings, Directions & Mediation (Sections 28–34, 36–37)
Handles Board investigations, binding compliance directions, and alternate dispute resolution.
Statutory scope: Sections 28 to 34,36–37 — staged functions with separate actors · Assigned to Legal / board secretariat · Systems: Governance register; no live Board system asserted
Recommended interface: Substitute recruitment for appointment or mix actor/commencement dates; expected outcome is rejected institutional assertion and a source-review action.
Substitute recruitment for appointment or mix actor/commencement dates; expected outcome is rejected institutional assertion and a source-review action.
Governance & Architecture
Verification Specification & Workpaper
proposed per-row review/acceptance specification; not a claim of executed statutory coverage
populated hypothetical decision/specimen; not actual enterprise execution
Canonical Statutory Grounding
Source references verified against the official Gazette of India publication baseline.
Board
Receipt of s27 material and sufficient grounds for inquiry
Independent digital design; recorded reasons/natural justice; listed civil-court powers; hearing and completion route to s33.
No premises-access prevention or equipment custody adversely affecting day-to-day functioning; insufficient grounds close; frivolous complaints costs/warning.
Aggrieved person; Appellate Tribunal
Board order/direction appeal
60 days from receipt; prescribed form/fee; hearing; endeavour disposal in six months; digital design.
Late appeal if sufficient cause; record reasons beyond six months.
Appellate Tribunal; civil court
Execution of tribunal order
Executable as decree; may transmit to competent local civil court.
Read within specified execution route.
Board; parties; mediator
Board considers complaint mediable
May direct attempted mediation with mutually agreed/statutory mediator.
Not mandatory settlement or erasure of other duties.
Board; person giving undertaking
During s28 proceeding
Voluntary action/abstention/publicity undertaking; consensual variation; bar on proceedings as to contents.
Breach of accepted term is deemed breach; hearing then s33 route.
Board; person found in significant breach
Conclusion of inquiry, significant breach and hearing
May impose scheduled penalty; seven statutory factors.
Discretionary maximum, no fixed multiplier from mitigation.
Board / public treasury
Penalty sums realised
Credit Consolidated Fund of India.
Not compensation payable to affected principals under this provision.
Central Government; Board/fiduciary/intermediary recipients
Government calls information for Act purposes
May require listed recipients to furnish information.
Not a Board power under this section.
Central Government/authorised officer; intermediary
Written Board reference on two or more penalties plus public-interest blocking advice
Fiduciary hearing; necessity/expediency; written reasons; blocking direction; intermediary compliance.
Not an automatic shutdown following a single breach.