Rule 16 - Manner of inquiry in relation to the affairs of the governing body of a recognised stock exchange or the affairs of any member of the stock exchange in relation to the stock exchange - Securities Contracts (Regulation) Rules, 1957

Manner of inquiry in relation to the affairs of the governing body of a recognised stock exchange or the affairs of any member of the stock exchange in relation to the stock exchange. 16. (1)(a) The person or persons appointed by the 1 [Securities and Exchange Board of India] to make an inquiry under clause (b) of sub-section (3) of section 6 of the Act shall hereafter in this rule be referred to as the inquiring authority ; (b) where the inquiring authority consists of two or more persons, one of them shall be appointed as the chairman or senior member thereof; (c) the inquiring authority shall hand over a statement of issues to be inquired into to the governing body or the member concerned, as the case may be, who will be given a reasonable opportunity to state their or his side of the case; (d) if any witness is called for examination, an opportunity shall be provided to the governing body or the member whose affairs are being inquired into, as the case may be, to cross-examine such witness; (e) where the inquiring authority consists of more than one person, the views of the majority shall be deemed to represent the findings of such authority and, in the event of an equality of votes, the chairman or senior member shall have a casting vote; (f) the inquiring authority shall submit its report in writing to the 2 [Securities and Exchange Board of India] within the period specified in the order of appointment; (g) temporary absence from any hearing or hearings of any member of the inquiring authority shall not vitiate its proceedings. (2) Where the 2 [Securities and Exchange Board of India] has directed the governing body of a stock exchange to make an inquiry under clause (b) of sub-section (3) of section 6 of the Act , the governing body concerned shall appoint one or more members thereof to make the inquiry and the provisions of sub-rule (1) shall apply mutatis mutandis to such inquiry. *************** NOTES:- 1 Substituted for Central Government by the Securities Contracts (Regulation) (Amendment) Rules, 1996, w.e.f. 23.12.1996 2 Inserted by the Securities Contracts (Regulation) (Amendment) Rules, 2017, w.e.f. 20.03.2017.