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Customs and Central Excise Laws (Repeal) Act, 2004 Complete Act

Title: Customs and Central Excise Laws (Repeal) Act, 2004

State: Central

Year: 2004

Preamble1 - CUSTOMS AND CENTRAL EXCISE LAWS (REPEAL) ACT, 2004 Section1 - Short title Section2 - Repeal of certain enactments Section3 - Savings Schedule1 - THE SCHEDULE

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Securities Laws (Amendment) Act, 2004 Complete Act

Title: Securities Laws (Amendment) Act, 2004

State: Central

Year: 2004

Preamble1 - SECURITIES LAWS (AMENDMENT) ACT, 2004 Chapter 1 Section1 - Short title and commencement Chapter II Section2 - Amendment of Section 2 Section3 - Insertion of new Sections 4A and 4B Section4 - Amendment of Section 5 Section5 - Insertion of new Section 8A Section6 - Insertion of new Section 12A Section7 - Amendment of Section 13 Section8 - Insertion of new Section 21A Section9 - Substitution of new Section for Section 22F Section10 - Amendment of Section 23 Section11 - Insertion of new Sections 23A to 23O Section12 - Amendment of Section 25 Section13 - Substitution of new Section for Section 26 Section14 - Insertion of new Section 27B Section15 - Amendment of Section 30 Section16 - Insertion of New Section 31 Chapter III Section17 - Insertion of new Sections 19A, 19B, 19C, 19D, 19E, 19F, 19G, 19H, 19-I and 19J Section18 - Substitution of new Section for Section 20 Section19 - Substitution of new Sections for Section 22 Section20 - Amendment of Section 23A Section21 - Substitution of new Section for Section 23F Section22 - Amendment of Section 24 Chapter IV Section23 - Repeal and Saving

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Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 Complete Act

Title: Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004

State: Central

Year: 2004

Preamble1 - ENFORCEMENT OF SECURITY INTEREST AND RECOVERY OF DEBTS LAWS (AMENDMENT) ACT, 2004 Chapter 1 Section1 - Short title and commencement Chapter 2 Section2 - Amendment of section 2 Section3 - Amendment of section 3 Section4 - Amendment of section 4 Section5 - Insertion of new section 5A Section6 - Amendment of section 7 Section7 - Insertion of new section 12A Section8 - Amendment of section 13 Section9 - Amendment of section 15 Section10 - Amendment of section 17 Section11 - Insertion of new section 17A Section12 - Amendment of section 18 Section13 - Insertion of new sections 18A and 18B Section14 - Substitution of new section for section 19 Section15 - Amendment of section 25 Section16 - Amendment of section 28 Section17 - Amendment of section 31 Section18 - Amendment of section 38 Chapter 3 Section19 - Amendment of section 2 Section20 - Amendment of section 19 Chapter 4 Section21 - Amendment of section 4A Section22 - Amendment of section 424A Chapter 5 Section23 - Repeal and saving

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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.....

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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.....

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Customs and Central Excise Laws (Repeal) Act, 2004 Preamble 1

Title: Customs and Central Excise Laws (Repeal) Act, 2004

State: Central

Year: 2004

THE CUSTOMS AND CENTRAL EXCISE LAWS (REPEAL) ACT, 2004 [Act, No. 25 of 2004] [21st December, 2004] PREAMBLE An Act to repeal certain Customs and Central Excise enactments. Be it enacted by Parliament in the Fifty-fifth Year of the Republic of India as follows:--

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Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 Preamble 1

Title: Enforcement of Security Interestand Recovery of Debts Laws (Amendment) Act, 2004

State: Central

Year: 2004

The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 [Act No. 30 of 2004] An Act To amend the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and further to amend the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Companies Act, 1956. Be it enacted by Parliament in the Fifty-fifth Year of the Republic of India as follows :-

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Securities Laws (Amendment) Act, 2004 Preamble 1

Title: Securities Laws (Amendment) Act, 2004

State: Central

Year: 2004

THE SECURITIES LAWS (AMENDMENT) ACT, 2004 [Act, No. 1 of 2005] [6th January, 2005] PREAMBLE A Act further to amend the Securities Contracts (Regulation) Act, 1956 and the Depositories Act 1996. Be it enacted by Parliament in the Fifty Fifth year of Republic of India as follows:-

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Securities Laws (Amendment) Act, 2004 Section 6

Title: Insertion of New Section 12a

State: Central

Year: 2004

After Section 12 of the principal Act, the following Section shall be inserted, namely:- "12A. Power to issue directions.-- If, after making or causing to be made an inquiry, the Securities and Exchange Board of India is satisfied that it is necessary - (a) in the interest of investors, or orderly development of securities market; or (b) to prevent the affairs of any recognised stock exchange, or, clearing corporation, or such other agency or person, providing trading or clearing or settlement facility in respect of securities, being conducted in a manner detrimental to the interests of investors or securities market; or (c) to secure the proper management of any such stock exchange or clearing corporation or agency or person, referred to in clause (b), it may issue such directions, - (i) to any stock exchange or clearing corporation or agency or person referred to in clause (b) or any person or class of persons associated with the securities market; or (ii) to any company whose securities are listed or proposed to be listed in a recognised stock exchange, as may be appropriate in the interests of investors in securities and the securities market.".

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Securities Laws (Amendment) Act, 2004 Section 8

Title: Insertion of New Section 21a

State: Central

Year: 2004

After Section 21 of the principal Act, the following Section shall be inserted, namely:- "21A. Delisting of securities.--(1) A recognised stock exchange may delist the securities, after recording the reasons therefor, from any recognised stock exchange on any of the ground or grounds as may be prescribed under this Act: Provided that the securities of a company shall not be delisted unless the company concerned has been given a reasonable opportunity of being heard. (2) A listed company or an aggrieved investor may file an appeal before the Securities Appellate Tribunal against the decision of the recognised stock exchange delisting the securities within fifteen days from the date of the decision of the recognised stock exchange delisting the securities and the provisions of Sections 22B to 22E of this Act, shall apply, as far as may be, to such appeals: Provided that the Securities Appellate Tribunal may, if it is satisfied that the company was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding one month."

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