Section 17A:
Public issue and listing of securities referred to in sub-clause (ie) of clause (h) of section 2.
1[17A. Public issue and listing of securities referred to in sub-clause (ie) of clause (h) of
section 2.--(1) Without prejudice to the provisions contained in this Act or any other law for the time
being in force, no securities of the nature referred to in sub-clause (ie) of clause (h) of section 2 shall be
offered to the public or listed on any recognised stock exchange unless the issuer fulfils such eligibility
criteria and complies with such other requirements as may be specified by regulations made by the
Securities and Exchange Board of India.
(2) Every issuer referred to in sub-clause (ie) of clause (h) of section 2 intending to offer the
certificates or instruments referred therein to the public shall make an application, before issuing the offer
document to the public, to one or more recognised stock exchanges for permission for such certificates or
instruments to be listed on the stock exchange or each such stock exchange.
(3) Where the permission applied for under sub-section (2) for listing has not been granted or refused
by the recognised stock exchanges or any of them, the issuer shall forthwith repay all moneys, if any,
received from applicants in pursuance of the offer document, and if any such money is not repaid within
eight days after the issuer becomes liable to repay it, the issuer and every director or trustee thereof, as the
case may be, who is in default shall, on and from the expiry of the eighth day, be jointly and severally
liable to repay that money with interest at the rate of fifteen per cent. per annum.
Explanation.--In reckoning the eighth day after another day, any intervening day which is a public
holiday under the Negotiable Instruments Act, 1881(26 of 1881), shall be disregarded, and if the eighth
day (as so reckoned) is itself such a public holiday, there shall for the said purposes be substituted the first
day thereafter which is not a holiday.
(4) All the provisions of this Act relating to listing of securities of a public company on a recognised
stock exchange shall, mutatis mutandis, apply to the listing of the securities of the nature referred to in
sub-clause (ie) of clause (h) of section 2 by the issuer, being a special purpose distinct entity.]
Notes:
1. Ins. by Act 27 of 2007, s. 3 (w.e.f. 28-5-2007).