(1) The Registrar shall endorse on every appeal the date on which it is presented under rule 4 or deemed to have been presented under that rule and shall sign endorsement.
(2) If, on scrutiny, the appeal is found to be in order, it shall be duly registered and given a serial number.
1 Rule 5 numbered as sub-rule (1) by the Depositories (Appeal to Securities Appellate Tribunal) (Amendment) Rules, 2005, w.e.f. 31.1.2005.
2 Inserted by the Depositories ( Appeal to Securities Appellate Tribunal) ( Amendment) Rules, 2005, w.e.f.
31.1.2005 3 Substituted for “3” by the Depositories (Appeal to Securities Appellate Tribunal) (Amendment) Rules, 2005, w.e.f. 31.1.2005.
(3) If an appeal on scrutiny is found to be defective and the defect noticed is formal in nature, the Registrar may allow the appellant to rectify the same in his presence and if the said defect is not formal in nature, the Registrar may allow the appellant such time to rectify the defect as he may deem fit. If the appeal has been sent by post and found to be defective, the Registrar may communicate the defects to the appellant and allow the appellant such time to rectify the defect as he may deem fit.
(4) If the appellant fails to rectify the defect within the time allowed in sub-rule (3), the Registrar may by order and for reasons to be recorded in writing, decline to register such memorandum of appeal and communicate the order to the appellant within seven days thereof.
1[(5) An appeal against the order of the Registrar under sub-rule (4) shall be made within 15 days of receiving of such order to the Presiding Officer or in his temporary absence, to the Member authorized under sub-rule (2) of rule 5, whose decision thereon shall be final.]
Payment of Fees
9. 2[(1) Every memorandum of appeal shall be accompanied with a fee as provided in sub-rule (2) and such fee may be remitted in the form of crossed demand draft drawn on any nationalized bank in favour of “The Registrar, Securities Appellate Tribunal” payable at the station where the registry is located.
(2) The amount of fee payable in respect of appeal against adjudication orders made under the Act shall be as follows:
TABLE Serial No. Amount of Penalty Imposed Amount of fees payable
(1) (2) (3)
(i) Less than rupees ten thousand Rs. 500
(ii) Rupees ten thousand or more but less than one lakh Rs. 1200
(iii) Rupees one lakh or more Rs. 1200 plus Rs. 500 for every additional one lakh of penalty or fraction thereof subject to a maximum of Rs.
1,50,000.]
1 Substituted by the Depositories (Appeal to Securities Appellate Tribunal) (Amendment) Rules, 2005, w.e.f. 31.1.2005. Prior to its substitution, sub-rule (5) read as under:- “An appeal against the order of the Registrar under sub-rule (4) shall be made within fifteen days of receiving of such order to the Presiding Officer concerned in his chamber whose decision thereon shall be final.” 2 Substituted by the Depositories (Appeal to Securities Appellate Tribunal) (Amendment) Rules, 2005, w.e.f. 31.1.2005. Prior to its substitution, sub-rule (1) and (2) read as under:-
(1) Every appeal shall be accompanied by a fees of rupees five thousand only.
(2) The amount of fees shall be remitteed in the form of crossed demand draft drawn on a nationalized bank in favour of “the Registrar, Securities Appellate Tribunal” payable at the station where the registry is located.” Contents of memorandum of appeal