Section 22C of The Securities Contracts (Regulation) Act, 1956
1[22C. Right to legal representation.--The appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Securities Appellate Tribunal. Explanation.--For the purposes of this section,--
- (a)"chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
- (b)"company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
- (c)"cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
- (d)"legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice.]
Summary
- Any person making an appeal to the Tribunal has the right to be represented.
- The person can appear themselves or hire a professional.
- Allowed representatives include chartered accountants and company secretaries.
- Cost accountants and legal practitioners like advocates are also permitted.
- A company or entity can also send one of its own officers to present the case.
- Professionals used for representation must have a valid certificate of practice.
Practical examples
FAQ
1. Can a non lawyer represent me at the Tribunal under Section 22C of The Securities Contracts (Regulation) Act, 1956?
Yes, Section 22C of The Securities Contracts (Regulation) Act, 1956 allows chartered accountants, company secretaries, and cost accountants to represent you.
2. Do I have to hire someone to go to the Tribunal under Section 22C of The Securities Contracts (Regulation) Act, 1956?
No, under Section 22C of The Securities Contracts (Regulation) Act, 1956, an appellant may choose to appear in person.
3. Can a company send an employee to the Tribunal under Section 22C of The Securities Contracts (Regulation) Act, 1956?
Yes, Section 22C of The Securities Contracts (Regulation) Act, 1956 allows an officer of the company to present the case.
4. What is a legal practitioner according to Section 22C of The Securities Contracts (Regulation) Act, 1956?
Under Section 22C of The Securities Contracts (Regulation) Act, 1956, it means an advocate, vakil, or attorney of any High Court, including a pleader.