In exercise of the powers conferred by clause (a) of sub-section (2) of section 24 of the
Depositories Act, 1996 (22 of 1996), the Central Government hereby makes the following rules to amend theDepositories (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 2005, namely :-
1 (1). These rules may be called the Depositories (Procedure for Holding Inquiry and Imposing Penalties byAdjudicating Officer) Amendment Rules, 2015.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Depositories (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 2005, inrule 7, -
(a) in clause (b),-
(i) after the words "by sending it to the person by", the words "fax or electronic mail or by courier or speedpost with acknowledgement due or" shall be inserted;
(ii) the following provisos shall be inserted, namely:—
"Provided that a notice sent by fax shall bear a note that the same is being sent by fax and in case the
document contains annexure, the number of pages being sent shall also be mentioned:
Provided further that a notice sent through electronic mail shall be digitally signed by the competent
authority and bouncing of the electronic mail shall not constitute valid service.";
(b) after clause (c), the following shall be inserted, namely:—
"(d) if it cannot be affixed on the outer door as per clause (c), by publishing the notice in atleast two
newspapers, one in a English daily newspaper having nationwide circulation, and another in a newspaper having wide circulation published in the language of the region where that person was last known to have resided or carried on business or personally worked for gain."
[F. No. 5/11/CM/2006]
MANOJ JOSHI, Jt. Secy. (Financial Markets)
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) dated the 11th April, 2005 vide notification number G.S.R. 228(E), dated the 11th April, 2005.
