Section 5:
Withdrawal 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public interest, be withdrawn, the Central Government may serve on the governing body of the stock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anything to the contrary contained in this Act, stand withdrawn and the Central Government shall publish,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.]
Notes:
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).