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Start Free TrialDepositories Act, 1996 (22 of 1996) Section 19E
Title: Penalty for Failure to Reconcile Records
State: Central
Year: 1996
1 [Section 19E - Penalty for failure to reconcile records If a depository or participant or any issuer or its agent or any person, who is registered as an intermediary under the provisions of Section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), fails to reconcile the records of dematerilaised securities with all the securities issued by the issuer as specified in the regulations, such depository or participant or issuer or its agent or intermediary shall be liable to a penalty of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less. _________________________ 1. Inserted vide The Securities Laws (Amendment) Act, 2004
View Complete Act List Judgments citing this sectionDepositories Act, 1996 (22 of 1996) Chapter IV
Title: Enquiry and Inspection
State: Central
Year: 1996
.....vide The Securities Laws (Amendment) Act, 2004 Section 19F - Penalty for failure to comply with directions issued by Board under section 19 of the Act 1 [Section 19F - Penalty for failure to comply with directions issued by Board under section 19 of the Act If any person fails to comply with the directions issued by the Board under Section 19, within the time specified by it, he shall be liable to a penalty of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less.] ___________________________ 1. Inserted vide The Securities Laws (Amendment) Act, 2004 Section 19G - Penalty for contravention where no separate penalty has been provided 1 [Section 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. _________________________ 1. Inserted vide The Securities Laws (Amendment) Act, 2004 Section 19H - Power to adjudicate 1 [Section 19H -.....
View Complete Act List Judgments citing this sectionChemical Weapons Convention Act, 2000 Schedule I
Title: Schedule
State: Central
Year: 2000
.....Not permit in any place under its control any activity prohibited to a State Party under this Convention; and (c) Extend its penal legislation enacted under sub-paragraph (a) to any activity prohibited to a State Party under this Convention undertaken anywhere by natural persons, possessing its nationality, in conformity with international law. 2. Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1. 3. Each State Party, during the implemenation of its obligations under this Convention, shall assign the highest priority to ensuring the safety of people and to protecting the environment, and shall cooperate as appropriate with other States Parties in this regard Relations between the State Party and the Organization 4. In order to fulfill its obligation under this Convention, each State Party shall designate or establish a National Authority to serve as the national focal point for effective liaison with the Organization and other States Parties. Each State Party shall notify the Organization of its National Authority at the time that this.....
View Complete Act List Judgments citing this sectionDepositories Act, 1996 Complete Act
State: Central
Year: 1996
.....of a depository. (2) Words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956) or the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992), shall have the meanings respectively assigned to them in those Acts. SECTION 03: CERTIFICATE OF COMMENCEMENT OF BUSINESS BY DEPOSITORIES. (1) No depository shall act as a depository unless it obtains a certificate of commencement of business from the Board. (2) A certificate granted under sub-section (1) shall be in such form as may be specified by the regulations. (3) The Board shall not grant a certificate under sub-section (1) unless it is satisfied that the depository has adequate systems and safeguards to prevent manipulation of records and transactions : Provided that no certificate shall be refused under this section unless the depository concerned has been given a reasonable opportunity of being heard. SECTION 04: AGREEMENT BETWEEN DEPOSITORY AND PARTICIPANT. (1) A depository shall enter into an agreement with one or more participants as its agent. (2) Every agreement under sub-section (1) shall be in such form as.....
List Judgments citing this sectionDepositories Act, 1996 (22 of 1996) Amending Act 1
Title: Amendment Act
State: Central
Year: 1996
.....sections shall be inserted, namely:-- "19A. Penalty for failure to furnish information, return, ete.--Any person, who is required under this Act or any rules or regulations or bye-laws made thereunder,-- (a) to furnish any information, document, books, returns or report to the Board, fails to furnish the same within the time specified therefor, he shall be liable to a penalty of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less for each such failure; (b) to file any return or furnish any information, books or other documents within the time specified therefor in the regulations or the bye-laws, fails to file return or furnish the same within the time Specified therefor, he shall be liable to a penalty of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less; (c) to maintain books of account or records, fails to maintain the same, he shall be liable to a penalty of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less. 19B. Penalty for failure to enter into cm agreement.--If a depository or participant or any.....
View Complete Act List Judgments citing this sectionSecurities 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.....
View Complete Act List Judgments citing this sectionSecurities 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.....
View Complete Act List Judgments citing this sectionSecurities Contracts Regulation Act, 1956 (42 of 1956) Amending Act 5
Title: Securities Laws (Amendment) Act,2004
State: Central
Year: 1956
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:- CHAPTER I PRELIMINARY 1. Short title and commencement (1) This Act may be called the Securities Laws (Amendment) Act, 2004. (2) It shall come be deemed to have come into force on the 12th day of October, 2004. CHAPTER II AMENDMENTS TO THE SECURITIES CONTRACTS (REGULATION) ACT, 1956 2. Amendment of Section 2 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,.....
View Complete Act List Judgments citing this sectionCantonments Act, 1924 Complete Act
State: Central
Year: 1924
.....administration of cantonments the spirit of the reformed scheme of Government, recommended a complete revision and an algamation of the Cantonments Act(Act 15 of 1910) and the Cantonment Code, 1912, in order to bring into conformity with ordinary municipal law the system under which military cantonments are administered. The recommendations of the committee have now been examined by the Government of India and the conclusions arrived at are embodied in the BiH. The main features of the Rill are as follows:- (a) It is proposed to lake power to municipalize the government of those cantonments which contain a substantial civil population having no essential connection with or dependence upon the military administration. In other cantonments where these circumstances do not fully exist the administration of contanment. Affairs will be vested in the hands of the commanding officer of the cantonment, who for the purpose of the Act, will be constituted a corporation sole. The general effect will be that the Government authority will cease to be the purely executive .agency as at present. In the larger cantonments the existing cantonment committee will be replaced by a cantonment Board.....
List Judgments citing this sectionDepositories Act, 1996 (22 of 1996) Complete Act
Title: Depositories Act, 1996 (22 of 1996)
State: Central
Year: 1996
.....- Penalty for failure to reconcile records Section19F - Penalty for failure to comply with directions issued by Board under section 19 of the Act Section19G - Penalty for contravention where no separate penalty has been provided Section19H - Power to adjudicate Section19I - Factors to be taken into account by adjudicating officer Section19J - Crediting sums realised by way of penalties to Consolidated Fund of India Chapter V Section20 - Offences Section21 - Offences by companies Chapter VI Section22 - Cognizance of offences by courts Section22A - Composition of certain offences Section22B - Power to grant immunity Section23 - Appeals Section23A - Appeal to Securities Appellate Tribunal Section23B - Procedure and powers of Securities Appellate Tribunal Section23C - Right to legal representation Section23D - Limitation Section23E - Civil court not to have jurisdiction Section23F - Appeal to Supreme Court Section24 - Power of Central Government to make rules Section25 - Power of Board to make regulations Section26 - Power of depositories to make bye-laws Section27 - Rules and regulations to be laid before Parliament Section28 - Application of other laws.....
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