Bare Act Search Results

Securities Laws (Amendment) Act, 2004 Chapter II

Title: Amendments to the Securities Contracts (Regulation) Act, 1956

State: Central

Year: 2004

In Section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) (hereafter in this Chapter referred to as the principal Act),- (i) clause (aa) shall be re-lettered as clause (ac) thereof and before the clause (ac) as so re-lettered, the following clauses shall be inserted, namely:- '(aa) "corporatisation" means the succession of a recognised stock exchange, being a body of individuals or a society registered under the Societies Registration Act, 1860 (21 of 1860), by another stock exchange, being a company incorporated for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities carried on by such individuals or society; (ab) "demutualisation" means the segregation of ownership and management from the trading rights of the members of a recognised stock exchange in accordance with a scheme approved by the Securities and Exchange Board of India; (ii) clause (ga) shall be re-lettered as clause (gb) thereof and before the clause (gb) as so re-lettered, the following clause shall be inserted, namely:- '(ga) "scheme" means a scheme for corporatisation or demutualisation of a recognised stock exchange which may.....

Securities Laws (Amendment) Act, 2004 Section 11

Title: Insertion of New Sections 23a to 23o

State: Central

Year: 2004

..... (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the Sections specified in sub-Section (1), he may impose such penalty as he thinks fit in accordance with the provisions of any of those Sections. 23J. Factors to be taken into account by the adjudicating officer.-- While adjudging the quantum of penalty under Section 23-I, the adjudicating officer shall have due regard to the following factors, namely:- (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to an investor or group of investors as a result of the default ; (c) the repetitive nature of the default. 23K. Crediting sum realised by way of penalties to Consolidated Fund of India.-- All sums realised by way of penalties.....

Securities Laws (Amendment) Act, 2004 Chapter III

Title: Amendments to the Depositories Act, 1996

State: Central

Year: 2004

.....is less. 19G. Penalty for contravention where no separate penalty has been provided.-- Whoever fails to comply with any provision of this Act, the rules or regulations or bye-laws made or directions issued by the Board thereunder for which no separate penalty has been provided, shall be liable to a penalty which may extend to one crore rupees. 19H. Power to adjudicate.-- (1) For the purpose of adjudging under Sections 19A, 19B, 19C, 19D, 19E, 19F and 19G, the Board shall appoint any officer not below the rank of a Division Chief of the Securities and Exchange Board of India to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed.....

Securities Laws (Amendment) Act, 2004 Section 17

Title: Insertion of New Sections 19a, 19b, 19c, 19d, 19e, 19f, 19g, 19h, 19-i and 19j

State: Central

Year: 2004

..... (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the Sections specified in sub-Section (1), he may impose such penalty as he thinks fit in accordance with the provisions of any of those Sections. 19-I. Factors to be taken into account by adjudicating officer.-- While adjudging the quantum of penalty under Section 19H, the adjudicating officer shall have due regard to the following factors, namely:- (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to an investor or group of investors as a result of the default ; (c) the repetitive nature of the default. 19J. Crediting sum realised by way of penalties to Consolidated Fund of India.-- All sums realised by way of penalties under.....

The Chhattisgarh Kushabhau Thakre Patrakarita Avam Jansanchar University Act, 2004 Complete Act

State: Chattisgarh

Year: 2004

.....be deemed necessary, it appears to the Kuladhipati that Kulpati:-- (i) has made default in performing any duty imposed on him, by or under this Act; or (ii) has acted in a manner prejudicial to the interests of the University; or (iii) is incapable of managing the affairs of the University, the Kuladhipati may, notwithstanding the fact that the term of office of Kulpati has not expired, by an order, in writing, stating the reasons therein, require Kulpati to relinquish his office as from such date as may be specified in the order. (4) No order under sub-section (3) shall be passed unless the particulars of the grounds on which such action is proposed to be taken are communicated to Kulpati and he is given a reasonable opportunity of showing cause against the proposed order. (5) As from the date specified in the order under sub-section (3) Kulpati shall be deemed to have relinquished the office and the office of Kulpati shall fall vacant. (Substituted by C.G. Act No. 15 of 2005 (w.e.f. 25-8-2005).) [(6) In the event of the occurrence of any vacancy including a temporary vacancy in the office of Kulpati by reason of his illness, leave, death, resignation or otherwise.....