42.—(1) Where it appears to the Board that a commodity market, a clearing house or any person has contravened or is contravening any of the provisions of this Act or any regulations made thereunder, or is restraining trading in commodity contracts, the Board may, after giving the market, clearing house or any such person an opportunity of being heard —
(a)
direct the market, clearing house or such person to comply with that provision or to cease contravention of that provision; or
(b)
direct the market, clearing house or such person to desist from restraining trading in commodity contracts,
and the market, clearing house or such person shall comply with the direction.
[22/2001; 35/2007]
(2) A clearing house or any person who fails, without reasonable excuse, to comply with a direction given under subsection (1) that is applicable to him shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
[35/2007]
(3) A commodity market, a clearing house or any person aggrieved by any direction given under subsection (1) may, within one month after he is notified of the direction, appeal to the General Division of the High Court.
[22/2001; 35/2007]
[Act 40 of 2019 wef 02/01/2021]
(4) Notwithstanding the lodging of an appeal under subsection (3), any direction of the Board given under this section shall continue to have force and effect until such time as the General Division of the High Court makes a decision on the appeal.