5Withdrawal of recognition
1[(1)] If the Central Government is of opinion that the recognition granted to a stock exchange under the provisions of this Act should, in the interest of the trade or in the public interest, be withdrawn, the Central Government may serve on the governing body of the stock exchange a written notice that the Central Government is considering the withdrawal of the recognition for the reasons stated in the notice, and after giving an opportunity to the governing body to be heard in the matter, the Central Government may withdraw, by notification in the Official Gazette, the recognition granted to the stock exchange:
Provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the Central Government may, after consultation with the stock exchange, make such provision as it deems fit in the notification of withdrawal or in any subsequent notification similarly published for the due performance of any contracts outstanding on that date.
2[(2) Where the recognised stock exchange has not been corporatised or demutualised or it fails to submit the scheme referred to in sub-section (1) of section 4B within the specified time therefor or the scheme has been rejected by the Securities and Exchange Board of India under sub-section (5) of section 4B, the recognition granted to such stock exchange under section 4, shall, notwithstanding anything to the contrary contained in this Act, stand withdrawn and the Central Government shall publish, by notification in the Official Gazette, such withdrawal of recognition:
Provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the Securities and Exchange Board of India may, after consultation with the stock exchange, make such provisions as it deems fit in the order rejecting the scheme published in the Official Gazette under sub-section (5) of section 4B.]
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1. Section 5 numbered as sub-section (1) thereof by Act 1 of 2005, s. 4 (w.e.f. 12-10-2004).
2. Ins. by s. 4, ibid. (w.e.f. 12-10-2004).
- 3 Application for recognition of stock exchanges
- 4 Grant of recognition to stock exchanges
- 4A Corporatisation and demutualisation of stock exchanges
- 4B Procedure for corporatisation and demutualisation
- 5 Withdrawal of recognition
- 6 Power of Central Government to call for periodical returns or direct inquiries to be made
- 7 Annual reports to be furnished to the Central Government by stock exchanges
- 7A Power of recognised stock exchange to make rules restricting voting rights, etc
- 8 Power of Central Government to direct rules to be made or to make rules
- 8A Clearing corporation
- 9 Power of recognised stock exchanges to make bye-laws
- 10 Power of Securities and Exchange Board of India to make or amend bye-laws of recognised stock exchanges
- 11 Power of Central Government to supersede governing body of a recognised stock exchange
- 12 Power to suspend business of recognised stock exchanges
- 12A Power to issue directions