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Securities and Exchange Board of India Act, 1992 Section 15T

Title: Appeal to the Securities Appellate Tribunal

State: Central

Year: 1992

.....aggrieved,- (a) by an order of the Board made, on and after the commencement of the Securities Laws (Second Amendment) Act, 1999, under this Act, or the rules or regulations made thereunder, or (b) by an order made by an adjudicating officer under this Act, may prefer an appeal to a Securities Appellate Tribunal having jurisdiction in the matter.] 2 (2) No appeal shall lie to the Securities Appellate Tribunal from an order made- (a) by the Board on and after the commencement of the Securities Laws (Second Amendment) Act, 1999; (b) by an adjudicating officer, with the consent of the parties.] (3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which 3 [a copy of the order made by the Board or the adjudicating officer, as the case may be,] is received by him and it shall be in such form and 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 of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. (4) On receipt of an appeal under sub-section (1),.....

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Securities and Exchange Board of India Act, 1992 Section 15N

Title: Tenure of Office of Presiding Officer and Other Members of Securities Appellatetribunal

State: Central

Year: 1992

1 [15N. Tenure of office of Presiding Officer and other Members of Securities Appellate Tribunal The Presiding Officer and every other Member of a Securities Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment: Provided that no person shall hold office as the Presiding Officer of the Securities Appellate Tribunal after he has attained the age of sixty-eight years: Provided further that no person shall hold office as a Member of the Securities Appellate Tribunal after he has attained the age of sixty-two years.] ______________________ 1. Substituted by Act 59 of 2002, section 21, for section "15N. Terms of office.--The Presiding Officer of a Securities Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until the attains the age of sixty five years, whichever is earlier." (w.r.e.f. 29-10-2002).

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Securities and Exchange Board of India Act, 1992 Section 15U

Title: Procedure and Powers of the Securities Appellate Tribunal

State: Central

Year: 1992

.....the Code of Civil Procedure, 1908 (5 of 1980), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Securities Appellate Tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings. (2) The Securities Appellate Tribunal shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the .discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parts; (g) setting aside any order of dismissal of any application for default or any order passed by it ex parte; (h) any other matter which may be prescribed. (3) Every proceeding before the Securities Appellate Tribunal shall be deemed to.....

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Securities and Exchange Board of India Act, 1992 Chapter III

Title: Transfer of Assets, Liabilities, Etc., of the Existing Securities and Exchange Board to the Board

State: Central

Year: 1992

.....of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the Board had not been established and shall continue to do so as an employee of the Board or until the expiry of the period of six months from that date if such employee opts not to be the employee of the Board within such period. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, absorption of any employee by the Board in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.

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Securities and Exchange Board of India Act, 1992 Section 12A

Title: Prohibition of Manipulative and Deceptive Devices, Insider Trading and Substantial Acquisition of Securities Orcontrol

State: Central

Year: 1992

.....made thereunder; (b) employ any device, scheme or artifice to defraud in connection with issue or dealing in securities which are listed or proposed to be listed on a recognised stock exchange; (c) engage in any act, practice, course of business which operates or would operate as fraud or deceit upon any person, in connection with the issue, dealing in securities which are listed or proposed to be listed on a recognised stock exchange, in contravention of the provisions of this Act or the rules or the regulations made thereunder; (d) engage in insider trading; (e) deal in securities while in possession of material or non-public information or communicate such material or non-public information to any other person, in a manner which is in contravention of the provisions of this Act or the rules or the regulations made thereunder; (f) acquire control of any company or securities more than the percentage of equity share capital of a company whose securities are listed or proposed to be listed on a recognised stock exchange in contravention of the regulations made under this Act.]

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Securities and Exchange Board of India Act, 1992 Section 11A

Title: Board to Regulate or Prohibit Issue of Prospectus, Offer Document or Advertisement Soliciting Money for Issue of Securities

State: Central

Year: 1992

.....Contracts (Regulation) Act, 1956 (42 of 1956), the Board may specify the requirements for listing and transfer of securities and other matters incidental thereto.] ______________________ 1. Section "11 A. Matters to be disclosed by the companies.-Without prejudice to the provisions of the Companies Act, 1956 (1 of 1956), the Board may, for the protection of investors, specify, by regulations,- (a) the matters relating to issue of capital, transfer of securities and other matters incidental thereto; and (b) the manner in which such matters, shall be disclosed by the companies." Inserted by Act 9 of 1995, section 6 (w.r.e.f. 25-1-1995) and substituted by Act 59 of 2002, section 5 (w.r.e.f. 29-10-2002).

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Securities and Exchange Board of India Act, 1992 Section 10

Title: Transfer of Assets, Liabilities, Etc., of Existing Securities and Exchange Board to the Board

State: Central

Year: 1992

.....of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the Board had not been established and shall continue to do so as an employee of the Board or until the expiry of the period of six months from that date if such employee opts not to be the employee of the Board within such period. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, absorption of any employee by the Board in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.

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Securities and Exchange Board of India Act, 1992 Preamble 1

Title: Securities and Exchange Board of India Act, 1992

State: Central

Year: 1992

THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 [Act, No. 15 of 1992] [4th April, 1992] PREAMBLE An Act to provide for the establishment of a Board to protect the interests of investors in securities and to promote the development of, and to regulate, the securities market and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:

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Securities and Exchange Board of India Act, 1992 Section 15M

Title: Qualification for Appointment as Presiding Officer or Member of Securities Appellatetribunal

State: Central

Year: 1992

.....any person holding a post at senior management level equivalent to Executive Director in the Board shall not be appointed as Presiding Officer or Member of a Securities Appellate Tribunal during his service or tenure as such with the Board or within two years from the date on which he ceases to hold office as such in the Board.] ______________________ 1. Substituted by Act 59 of 2002, section 20, for section "15M. Qualifications for appointment as Presiding Officer of the Securities Appellate Tribunal.-A person shall not be qualified for appointment as the Presiding Officer of a Securities Appellate Tribunal unless he- (a) is, or has been, or is qualified to be, a Judge of a High Court; or (b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years; or (c) has held office as the Presiding Officer of a Tribunal for at least three years." (w.r.e.f. 29-10-2002).

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Securities and Exchange Board of India Act, 1992 Section 15X

Title: Presiding Officer, Members and Staff of Securities Appellate Tribunals to Be Publicservants

State: Central

Year: 1992

1 [15X. Presiding Officer, Members and Staff of Securities Appellate Tribunals to be publicservants The Presiding Officer, Members and other officers and employees of a Securities Appellate Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Panel Code (45 of I860).] ______________________ 1.Substituted by Act 59 of 2002, section 26, for section "15X. Presiding Officer and staff of Securities Appellate Tribunals to be public servants.-The Presiding Officer and other officers and employees of a Securities Appellate Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of I860)." (w.r.e.f. 29-10-2002).

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