Bare Act Search Results

Securities Contracts Regulation Act, 1956 (42 of 1956) Amending Act 5

Title: Securities Laws (Amendment) Act,2004

State: Central

Year: 1956

..... (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.....

Banking Regulation Act, 1949 Part 4

Title: Miscellaneous

State: Central

Year: 1949

.....[6 [7 [(4)If any other provision of this Act is contravened or if any default is made in- (i) complying with any requirement of this Act or of anyorder, rule or direction made or condition imposed thereunder, or (ii) carrying out the terms of, or the obligations under,a scheme sanctioned under sub-section (7) of section 45, by any person, suchperson shall be punishable with fine which may extend to 8[fifty thousand rupees or twice the amountinvolved in such contravention or default where such amount is quantifiable,whichever is more, and where a contravention or default is a continuing one,with a further fine which may extend to two thousand and five hundred rupees]for every day, during which the contravention or default continues.] (5) Where a contravention or default has been committed bya company, every person who, at the time the contravention or default wascommitted, was in charge of, and was responsible to, the company, for theconduct of the business of the company, as well as the company, shall be deemedto be guilty of the contravention or default and shall be liable to beproceeded against and punished accordingly: Provided that nothing contained in this.....

Banking Regulation Act, 1949 Complete Act

State: Central

Year: 1949

.....in recent years in banking, especially the rapid growth of banking resources and of the number of banks and branches. Regard must also be had to the fact that the banking system is likely in the post-war period to be more vulnerable by reason of the great expansion, both quantitatively and relatively that has taken place in demand deposits, as compared with time deposits, during the war years. The enactment of a separate comprehensive measure has in consequence now become imperative. 2. With this object in view. a Bill to amend the law relating to Banking Companies was introduced in the Legislative Assembly in November. 1944 and was subsequently circulated for eliciting public opinion through the Provincial Governments, In the ensuing Budget Session of the Assembly the Bill was referred to a Select Committee which was due to meet in October, 1945. but it lapsed before its consideration by the Committee. A fresh Bill with certain modifications which suggested themselves on consideration of the opinions and criticisms received on the 1944 Bill was introduced in the Legislative Assembly in March 1946 and was referred to a Select Committee in April 1946. The report of the Select.....

Foreign Exchange Management Act, 1999 Complete Act

State: Central

Year: 1999

.....notification, direction or order made thereunder, and where the said person refuses to comply with any such requirement or makes only unsatisfactory compliance therewith, the authorised person shall refuse in writing to undertake the transaction and shall, if he has reason to believe that any such contravention or evasion as aforesaid is contemplated by the person, report the matter to the Reserve Bank. (6) Any person, other than an authorised person, who has acquired or purchased foreign exchange for any purpose mentioned in the declaration made by him to authorised person under sub-section (5) does not use it for such purpose or does not surrender it to authorised person within the specified period or uses the foreign exchange so acquired or purchased for any other purpose for which purchase or acquisition of foreign exchange is not permissible under the provisions of the Act or the rules or regulations or direction or order made thereunder shall be deemed to have committed contravention of the provisions of the Act for the purpose of this section. SECTION 11: RESERVE BANK'S POWERS TO ISSUE DIRECTIONS TO AUTHORISED PERSON (1) The Reserve Bank may, for the purpose of.....

Information Technology Act, 2000 Complete Act

State: Central

Year: 2000

.....Regulations Appellate Tribunal established under sub-section (1) of Section 48- ; (o) "data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer; (p) "digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of Section 3- ; (g) "Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of Section 35- ; (r) "electronic form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device; (s) "Electronic Gazette" means the Official Gazette published in the electronic form; (t) "electronic record" means data, record or.....

The Assam Value Added Tax Act, 2003 Complete Act

State: Assam

Year: 2003

.....assessment, self-assessment, audit assessment and reassessment made under this Act; (7) "business" includes.- (a) any trade, commerce or manufacture; (b) any adventure, concern in the nature of trade, commerce or manufacture; (c) any transaction in connection with, or incidental to or ancillary to trade, commerce, manufacture, adventure or concern; (d) any transfer of property in goods involved in execution of a works contract or transfer of the right to use any goods for any purpose or delivery of goods on hire purchase or by any system of payment by installments; (e) any occasional transaction in the nature of such trade, commerce, manufacture, adventure or concern whether or not there is volume, frequency, continuity or regularity of such transaction; Whether or not such trade, commerce, manufacture, adventure, concern or transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, manufacture, adventure, concern or transaction. Explanation- For the purpose of this clause,- (i) the activity of raising of man-made forest or rearing of seedlings or plants shall be deemed to be.....

Depositories Act, 1996 (22 of 1996) Chapter IV

Title: Enquiry and Inspection

State: Central

Year: 1996

..... (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.] _________________________ 1. Inserted vide The Securities Laws (Amendment) Act, 2004 Section 19-I - Factors to be taken into account by adjudicating officer 1[Section 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.....

Depositories Act, 1996 (22 of 1996) Section 19-I

Title: Factors to Be Taken into Account by Adjudicatingofficer

State: Central

Year: 1996

1[Section 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.] _____________________ 1.Inserted vide The Securities Laws (Amendment) Act, 2004

Depositories Act, 1996 (22 of 1996) Amending Act 1

Title: Amendment Act

State: Central

Year: 1996

..... (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. 19-1. 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 sums realised by way of penalties to Consolidated Fund of India.--All sums realised by way of penalties under.....

Foreign Exchange Management Act, 1999 Chapter 4

Title: Contravention and Penalties

State: Central

Year: 1999

.....to be detained in the custody of such officer as the Adjudicating Authority may think fit or release him on his furnishing the security to the satisfaction of the Adjudicating Authority for his appearance as and when required. (9) Upon the conclusion of the inquiry, the Adjudicating Authority may make an order for the detention of the defaulter in the civil prison and shall in that event cause him to be arrested if he is not already under arrest: Provided that in order to give a defaulter an opportunity of satisfying the arrears, the Adjudicating Authority may, before making the order of detention, leave the defaulter in the custody of the officer arresting him or of any other officer for a specified period not exceeding fifteen days, or release him on his furnishing security to the satisfaction of the Adjudicating Authority for his appearance at the expiration of the specified period if the arrears are not satisfied. (10) When the Adjudicating Authority does not make an order of detention under sub-section (9), he shall, if the defaulter is under arrest, direct his release. (11) Every person detained in the civil prison in execution of the certificate may be so.....