GOVERNMENT OF KERALA
Law (Leg.-Publication) Department
NOTIFICATION
No. 13525/Leg.Pbn.4/2013/Law.
Dated, Thiruvananthapuram, 15th June, 2013.
The following Ordinance promulgated by the President and published in the
Gazette of India Extraordinary, Part II, Section I dated the 29th day of May, 2013
is hereby republished for general information.
By order of the Governor,
C. P. RAMARAJA PREMA PRASAD,
Law Secretary.
Kerala Gazette No. 29 dated 16th July 2013.
PART I
Section i
2
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 29th May, 2013/Jyaistha 8, 1935 (Saka).
THE SECURITIES AND EXCHANGE BOARD OF INDIA (AMENDMENT)
SECOND ORDINANCE, 2013
(No. 5 OF 2013)
Promulgated by the President in the Sixty-fourth Year of the
Republic of India;
AN
ORDINANCE
further to amend the Securities and Exchange Board of India Act, 1992;
WHEREAS the Securities and Exchange Board of India (Amendment)
Ordinance, 2013 further to amend the Securities and Exchange Board of India
Act, 1992 was promulgated by the President on 21st January, 2013;
AND WHEREAS the Securities and Exchange Board of India (Amendment)
Bill, 2013 to replace the said Ordinance has been passed by the Council of
States and is pending in the House of the People;
AND WHEREAS the Securities and Exchange Board of India (Amendment)
Ordinance, 2013 has ceased to operate on the 4th day of April, 2013;
AND WHEREAS it is considered necessary to give continued effect to the
provisions of Securities and Exchange Board of India (Amendment) Ordinance,
2013 and to validate the actions taken under the said Ordinance;
AND WHEREAS Parliament is not in session and the President is satisfied
that circumstances exist which render it necessary for him to take immediate
action;
3
NOW, THEREFORE, in exercise of the powers conferred by clause (1)
of article 123 of the Constitution, the President is pleased to promulgate the
following Ordinance:—
1. Short title and commencement.—(1) This Ordinance may be called the
Securities and Exchange Board of India (Amendment) Second Ordinance, 2013.
(2)
It shall be deemed to have come into force on the 21st day of
January, 2013.
2. Amendment of section 15M.— In section 15M of the Securities and
Exchange Board of India Act, 1992 (15 of 1992), for sub-section (1) the
following sub-section shall be substituted, namely:—
“(1) A person shall not be qualified for appointment as the
Presiding Officer of the Securities Appellate Tribunal unless he—
(a) is a sitting or retired Judge of the Supreme Court or a sitting
or retired Chief Justice of a High Court; or
(b) is a sitting or retired Judge of a High Court who has completed
not less than seven years of service as a Judge in a High Court.
(1A)
The Presiding Officer of the Securities Appellate Tribunal shall be
appointed by the Central Government in consultation with the
Chief Justice of India or his nominee.”.
3. Validation and savings.—Notwithstanding the fact that the Securities
and Exchange Board of India (Amendment) Ordinance, 2013 (ord. 1 of 2013) has
ceased to operate, anything done or any action taken or purported to have
been done or taken or any permission or any direction given under the said
Ordinance shall be deemed to have been done or taken under the corresponding
provisions of this Ordinance.
PRANAB MUKHERJEE,
President.
P. K. MALHOTRA,
Secy. to the Govt. of India.