Section 5 - Withdrawal of recognition. - SECURITIES CONTRACTS (REGULATION) ACT, 1956

Withdrawal of recognition. 5. 1 [ (1) ] If the Central Government 2 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to a stock exchange under the provisions of this Act should, in the interest of the trade or in the public interest, be withdrawn, the Central Government may serve on the governing body of the stock exchange a written notice that the Central Government is considering the withdrawal of the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. 3 [ (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to such stock exchange under section 4, shall, notwithstanding anything to the contrary contained in this Act, stand withdrawn and the Central Government shall publish, by notification in the Official Gazette, such withdrawal of recognition : Provided that no such withdrawal shall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. ] ************** 1 Section 5 renumbered as sub-section (1) by the Securities Laws (Amendment) Act, 2004, Sec 4, w.r.e.f. 12-10-2004. 2 Powers are exercisable by SEBI also vide S. O. 672 (E), Dated 13-09-1994, published in the Gazette of India, Extra., Pt. II, Section 3 (ii), Dated 13-09-1994. 3 Inserted by the Securities Laws (Amendment) Act, 2004, Sec 4, w.r.e.f. 12-10-2004.