TY - BOOK ED - Universal Law Publishing TI - The Depositories Act, 1996 (Bare Act) U1 - 349.54 PY - 2010/// CY - New Delhi PB - Universal Law Publishers KW - Bare Act N1 - THE DEPOSITORIES ACT, 1996 PRELIMINARY 1. Short title, extent and commencemont 2. Definitions CHAPTER II CERTinCATE OF COMMENCEMENT OF BUSINESS 3. Certificate of commencement of business by depositories CHAPTER m RIGHTS AND OBLIGATIONS OF DEPOSITORIES, PARTiaPANTS, ISSUERS AND BENEFICIAL OWNERS 4. Agreement between depository and participant 5. Services of depository 6. Surrender of certificate of security 7. Registration of transfer of securities with depository 8. Options to receive security certificate or hold securities with depository 9. Securities in depositories to be in fungible form 10. Rights of depositories and beneficial owner 11. Register of beneficial owner 12. Pledge or hypothecation of securities held in a depository 13. Furnishing of information and records by depository and issuer 14. Option to opt out in respect of any security 15. The Bankers' Books Evidence Act to apply to depositories 16. Depositories to Indenmify loss in certain cases 17. Rights and obligations of depositories, etc. CHAPTER IV ENQUIRY AND INSPECTION 18. Power of Board to call for information and enquiry 19. Power of Board to give directions in certain cases 19A. Penalty for failure to furnish information, return, etc. 19B. Penalty for failure to enter into an agreement 19C. Penalty for failure to redress Investors' grievances 19D. Penalty for delay in dematerialisation or issue of certificate of securities 19E. Penalty for failure to reconcile records 19F. Penally for failure to comply with directions issued by Board under section 19 of the Act 19G. Penalty for ctJntravention where no separate penalty has been provided 19H. Power to adjudicate ' 19-1. Factors to be taken into account by adjudicating officer 19J. Crediting sums realised by way of penalties to Consolidated Fund of India 20i Offences 21. Offences by companies CHAPTER V PENALTY CHAPTER VI MISCELLANEOUS 22. Cognizance of offences by courts 22A. Composition of certain offences 22B. Power to ^rant immunity 23. Appeals 23A. Appeal to Securities Appellate Tribunal 23B. Procedure and powers of Securities Appellate Tribunal 23C. Right to legal representation 23D. Limitation . . 23E, Civil court not to have jurisdiction 23F. Appeal to Supreme Court 24. Power of Central Government to make rules 25. Power of Board to make regulations 26. Power of depositories to make bye-laws 27. Rules and regulations to be laid before Parliament , 28^ Application of other laws not barred 29. Removal of difficulties 30. Amendments to certain enactments 31. Repeal and Saving THE SCHEDULE.—AMENDMENTS TO CERTAIN ENACTMENTS PART /.— AMENDMENT TO THE INDIAN STAMP ACT, 1899 (2 of 1899) PART JI.~ AMENDMENTS TO THE COMPANIES ACT, 1956 (1 of 1956) PART III.— AMENDMENTS TO THE SECURITIES CONTRACTS (REGULATION) ACT, 1956 (42 of 1956) PART JV.— AMENDMENT TO THE INCOME-TAX ACT, 1961 (43 of 1961) PART v.— AMENDMENT- TO THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 (45 of 1988) PART VL—AMENDMENTS TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 (15 of 1992) THE DEPOSITORIES (APPEAL TO THE CENTRAL GOVERNMENT) RULES, 1998 1. Short title and commencement 2. Definitions 3. Form of appeal 4. Time within which appeal is to be preferred 5. Payment of fees 6. Contents of appeal 7. What to accompany Form 8. Filing of affidavits 9. Rights of appellant to appear before the Central Government 10. Authorising a representative to appear 11. Authori.satlon to be filed 12. Procedure for filing appeal 13. Furnishing of information and documents 14. Date and place of hearing of appeal to be communicated 15. blearing of appeal 16. Order by Central Government 17. Order to be signed and dated IB. Order to be communicated to the party FORM.—Form of Appeal Rules THE DEPOSITORIES (APPEAL TO SECURITIES APPELLATE TRIBUNAL) RULES, 2000 1. Short title and commencement 2. Definitions 3. Limitation for filing an appeal 4. Form and procedure of appeal 5. Sittings of Appellate Tribunal 6. Language of Appellate Tribunal Appeal to be in writing Presentation and scrutiny of memorandum of appeal 9. Payment of Fees 10. Contents of memorandum of appeal Documents to accompany memorandum of appeal Plural remedies 13. Notice of appeal to the respondent , 14. Filing of reply to the appeal and other diKuments by the respondent 15. Date of hearing to be notified 16. Hearing of appeal 17. Dress regulations for the Presiding Officer, members and for the representative of the parties 18. Order to be signed and dated 19. Publication of orders 20. Communication of orders 21. Orders and directions in certain cases 22. Fee for inspection of records and obtaining copies thereof 23. Working hours of the Appellate Tribunal 24. Holiday 25. Functions of the Registrar 26. Additional functions and duties of Registrar 27. Seal and emblem 28.' Repeal and saving FORM—Memorandum of Appeal THE DEPOSITORIES (PROCEDURE FOR HOLDING INQUIRY AND IMPOSING PENALTIES BY ADJUDICATING OFFICER) RULES, 2005 1. Short title and commencement 2. Definitions 3. Appointment of adjudicating officer for holding inquiry 4. Holding of inquiry 5. Order of the adjudicating officer 6. Copy of the Order 7. Service of notices and orders ER -