CHAPTER VI
MISCELLANEOUS
22. Cognizance of offences by courts
(1) NO court shall take
cognizance of any offence punishable under this Act or any
regulations or bye-laws made thereunder, save on a complaint
made by the Board.
(2) No court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class shall
try any offence punishable under this Act.
23. Appeals
(1) Any person aggrieved by an order of the
Board made under this Act, or the regulations made thereunder
may prefer an appeal to the Central Government within such
time as may be prescribed.
(2) No appeal shall be admitted if it is preferred after
the expiry of the period prescribed therefor;
Provided that an appeal may be admitted after the expiry
of the period prescribed therefor if the appellant satisfies
the Central Government that he had sufficient cause for not
preferring the appeal within the prescribed period.
(3) Every appeal made under this section shall be made in
such form and shall be accompanied by a copy of the order
appealed against and by such fees as may be prescribed.
(4) The procedure for disposing of an appeal shall be
such as may be prescribed.
Provided that before disposing of an appeal the appellant
shall be given a reasonable opportunity of being heard.
24. Power of Central Government to make rules
(1) The
Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this
Act.
(2) In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:-
(a) the time within which an appeal may be preferred
under sub-section (1) of section 23;
(b) the form in which an appeal may be preferred
under sub-section (3) of section 23 and the fees payable
in respect of such appeal;
(c) the procedure for disposing of an appeal under
sub-section (4) of section 23.
25. Power of Board to make regulations
(1) Without prejudice
to the provisions contained in section 30 of the Securities
and Exchange Board of India Act, 1992, the Board may, by
notification in the Official Gazette, make regulations
consistent with the provision of this Act and the rules made
thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing power, such regulations may
provide for -
(a) the form in which record is to be maintained
under clause (i) of sub-section (1) of section 2;
(b) the form in which the certificate of
commencement of business shall be issued under sub-section
(2) of section 3;
(c) the manner in which the certificate of security
shall be surrendered under sub-section (1) of section 6;
(d) the manner of creating a pledge or hypothecation
in respect of security owned by a beneficial owner under
sub-section (1) of section 12;
(e) the conditions and the fees payable with respect
to the issue of certificate of securities under sub-
section (3) of section 14;
(f) the rights and obligations of the depositories,
participants and the issuers under sub-section (1) of
section 17;
(g) the eligibility criteria for admission of
securities in the depository under sub-section (2) of
section 17.
26. Power of depositories to make bye-laws
(1) A depository
shall, with the previous approval of the Board, make bye-laws
consistent with the provisions of this Act and the
regulations.
(2) In particular, and without prejudice to the
generality of the foregoing power, such bye-laws shall provide
for -
(a) the eligibility criteria for admission and
removal of securities in the depository;
(b) the conditions subject to which the
securities shall be dealt with;
(c) the eligibility criteria for admission of
any person as a participant;
(d) the manner and procedure for
dematerialisation of securities;
(e) the procedure for transactions within the
depository;
(f) the manner in which securities shall be
dealt with or withdrawn from a depository;
(g) the procedure for ensuring safeguards to
protect the interests of participants and beneficial
owners;
(h) the conditions of admission into and
withdrawal from a participant by a beneficial owner;
(i) the procedure for conveying information to
the participants and beneficial owners on dividend
declaration, shareholder meetings and other matters
of interest to the beneficial owners;
(j) the manner of distribution of dividends,
interest and monetary benefits received from the
company among beneficial owners;
(k) the manner of creating pledge or
hypothecation in respect of securities held with a
depository;
(l) inter se rights and obligations among the
depository, issuer, participants and beneficial
owners;
(m) the manner and the periodicity of
furnishing information to the Board, issuer and
other persons;
(n) the procedure for resolving disputes
involving depository, issuer, company or a
beneficial owner;
(o) the procedure for proceeding against the
participant committing breach of the regulations and
provisions for suspension and expulsion of
participants from the depository and cancellation of
agreements entered with the depository;
(p) the internal control standards including
procedure for auditing, reviewing and monitoring.
(3) Where the Board considers it expedient so to do, it
may, by order in writing, direct a depository to make any bey-
laws or to amend or revoke any bye-laws already made within
such period as it may specify in this behalf.
(4) If the depository fails or neglects to comply with
such order within the specified period, the Board may make the
bye-laws or amend or revoke the bye-laws made either in the
form specified in the order or with such modifications thereof
as the Board thinks fit.
27. Rules and regulations to be laid before Parliament Every
rule and every regulation made under this Act shall be laid,
as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the
session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any
modification in the rule or regulation or both Houses agree
that the rule or regulation should not be made, the rule or
regulation shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however, that
any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule or
regulation.
28. Application of other laws not barred The provisions of
this Act shall be in addition to, and not in derogation of,
any other law for the time being in force relating to the
holding and transfer of securities.
29. Removal of difficulties
(1) If any difficulty arises in
giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette,
make such provisions not inconsistent with the provisions of
this Act as appear to it to be necessary or expedient for
removing the difficulty:
Provided that no order shall be made under this section
after the expiry of a period of two years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as
soon as may be after it is made, before each House of
Parliament.
30. Amendments to certain enactments - The enactments
specified in the Schedule to this Act shall be amended in the
manner provided therein.
31. Repeal and saving
(1) The Depositories (Third)
Ordinance, 1996 is hereby repealed.
(2) Notwithstanding such appeal, anything done or any
action taken under the said Ordinance shall be deemed to have
been done or taken under the corresponding provisions of this
Act.
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