(1) For considering the eligibility of the applicant and grant of certificate of empanelment to such applicant, the Authority shall take into account all matters which it deems relevant to the activities in the pension sector and the National Pension System, including but not limited to the following:-
(a) whether the applicant or any of its associates have in the past been refused grant of empanelment certificateby any of the financial sector regulators in India includingtheReserve Bank of India, the Securities and Exchange Board of India, the InsuranceRegulatory and Development Authority and the Authority and if so, the ground for such refusal;
(b) whether the applicant has in the past five years been imposed with penalties byany of the financial regulators such as the Reserve Bank of India, the Securities and Exchange Board of India, the InsuranceRegulatory and Development Authorityandthe Authority or by a court of law or tribunal, on matters concerning violation of provisions of the laws, the regulations made or directions, guidelines and circulars issued by the respective regulatorand if so, the ground for such refusal;
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(c) whether the applicant satisfies the eligibility criteria and other requirements as specified in these regulations;
(d) whether the grant of a certificate to the applicant is in the interest of the subscribers and or the orderly development of pension sector or ofthe National Pension System.
(2) While considering the application, the Authority may invite the applicant to make a presentation to the Authority on such a date, time and place determined by the Authority. The purpose of such presentations shall be to allow the applicants to present its proposal to the Authority and to explain the key strengths in its proposal.
(3) Any application for grant of certificate of empanelment,-
(a) which is not complete in all respects and does not conform to the requirements in the and the requirements specified in these regulations;
(b) which does not contain such additional information as required by the Authority;
(c) which is incorrect, false or misleading in nature;
(d) where the applicant is not in compliance with the eligibility requirements as set out under these regulations;
(e) which in the opinion of the Authority is not in the interest of subscribers and or the objective of orderly development of the pension sector or the National Pension System;
(f) where the applicant is not a ‘fit and proper person’;
shall be rejected by the Authority for reasons to be recorded by it in writing.
(4) Before rejecting an application, the applicant shall be given an opportunity in writing to make good the deficiencies within the time specified by the Authority, for the purpose:
Provided that where an application is rejected for the reason that it contains false or misleading information, no such opportunity may be given and the applicant shall not make any application for grant of certificate under these regulations or any other regulations for a period of oneyear from the date of such rejection.
(5) An application for grant of certificate of empanelment, under these regulations, which is complete in all respects, shall be disposed of by the Authority, within a period of sixty days from the date of receipt of such request.
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