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Section 23A – The Depositories Act, 1996

The Depositories Act, 1996

 

 

23A. Appeal to Securities Appellate Tribunal.

 

1[23A. Appeal to Securities Appellate Tribunal.—(1) Save as provided in sub-section (2), any person aggrieved by an order of the Board made, on and after the commencement of the Securities Laws (Second Amendment) Act, 1999 (32 of 1999), under this Act, or the regulations made thereunder 2[or by an order made by an adjudicating officer under this Act], may prefer an appeal to a Securities Appellate Tribunal having jurisdiction in the matter.

 

(2) No appeal shall lie to the Securities Appellate Tribunal from an order made by the Board with the consent of the parties.

 

(3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Board is received by the person referred to in sub-section (1) and it shall be in such form and be accompanied by such fee as may be prescribed:

 

Provided that the Securities Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.

 

(4) On receipt of an appeal under sub-section (1), the Securities Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

 

(5) The Securities Appellate Tribunal shall send a copy of every order made by it to the Board and parties to the appeal.

 

(6) The appeal filed before the Securities Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal.]

 

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1. Ins. by Act 32 of 1999, sec. 15 (w.e.f. 16-12-1999).

 

2. Ins. by Act 1 of 2005, sec. 20 (w.r.e.f. 12-10-2004).

 

 

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The Depositories Act, 1996

 

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