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Section 9 – The Securities Contract (Regulation) Act, 1956

The Securities Contract (Regulation) Act, 1956

 

9. POWER OF RECOGNISED STOCK EXCHANGES TO MAKE BYE-LAWS.

 

(1) Any recognised stock exchange may, subject to the previous approval of the Securities and Exchange Board of India, make bye-laws for the regulation and control of contracts.

 

(2) In particular, and without prejudice to the generality of the foregoing power, such bye-laws may provide for :

 

(a) the opening and closing of markets and the regulation of the hours of trade;

 

(b) a clearing house for the periodical settlement of contracts and differences there under, the delivery of and payment for securities, the passing on of delivery orders and the regulation and maintenance of such clearing house;

 

(c) the submission to the Securities and Exchange Board of India by the clearing house as soon as may be after each periodical settlement of all or any of the following particulars as the Securities and Exchange Board of India may, from time to time, require, namely:-

 

(i) the total number of each category of security carried over from one settlement period to another;

 

(ii) the total number of each category of security, contracts in respect of which have been squared up during the course of each settlement period;

 

(iii) the total number of each category of security actually delivered at each clearing;

 

(d) the publication by the clearing house of all or any of the particulars submitted to the Securities and Exchange Board of India under clause (c) subject to the directions, if any, issued by the Securities and Exchange Board of India in this behalf;

 

(e) the regulation or prohibition of blank transfers;

 

(f) the number and classes of contracts in respect of which settlements shall be made or differences paid through the clearing house;

 

(g) the regulation, or prohibition of budlas or carry-over facilities;

 

(h) the fixing, altering or postponing of days for settlements;

 

(i) the determination and declaration of market rates, including the opening, closing, highest and lowest rates for securities;

 

(j) the terms, conditions and incidents of contracts, including the prescription of margin requirements, if any, and conditions relating thereto, and the forms of contracts in writing;

 

(k) the regulation of the entering into, making, performance, rescission and termination, of contracts, including contracts between members or between a member and his constituent or between a member and a person who is not a member, and the consequences of default or insolvency on the part of a seller or buyer or intermediary, the consequences of a breach or omission by a seller or buyer, and the responsibility of members who are not parties to such contracts;

 

(l) the regulation of taravani business including the placing of limitations thereon;

 

(m) the listing of securities on the stock exchange, the inclusion of any security for the purpose of dealings and the suspension or withdrawal of any such securities, and the suspension or prohibition of trading in any specified securities;

 

(n) the method and procedure for the settlement of claims or disputes, including settlement by arbitration;

 

(o) the levy and recovery of fees, fines and penalties;

 

(p) the regulation of the course of business between parties to contracts in any capacity;

 

(q) the fixing of a scale of brokerage and other charges;

 

(r) the making, comparing, settling and closing of bargains;

 

(s) the emergencies in trade which may arise, whether as a result of pool or syndicated operations or cornering or otherwise, and the exercise of powers in such emergencies, including the power to fix maximum and minimum prices for securities;

 

(t) the regulation of dealings by members for their own account;

 

(u) the separation of the functions of jobbers and brokers;

 

(v) the limitations on the volume of trade done by any individual member in exceptional circumstances;

 

(w) the obligation of members to supply such information or explanation and to produce such documents relating to the business as the governing body may require.

 

(3) The bye-laws made under this section may –

 

(a) specify the bye-laws the contravention of which shall make a contract entered into otherwise than in accordance with the bye-laws void under sub-section (1) of section 14;

 

(b) provide that the contravention of any of the bye-laws shall render the member concerned liable to one or more of the following punishments, namely :-

 

(i) fine,

 

(ii) expulsion from membership,

 

(iii) suspension from membership for a specified period,

 

(iv) any other penalty of a like nature not involving the payment of money.

 

(4) Any bye-laws made under this section shall be subject to such conditions in regard to previous publication, as may be prescribed, and, when approved by the Securities and Exchange Board of India, shall be published in the Gazette of India and also in the Official Gazette of the State in which the principal office of the recognised stock exchange is situate, and shall have effect as from the date of its publication in the Gazette of India :

 

Provided that if the Securities and Exchange Board of India is satisfied in any case that in the interest of the trade or in the public interest any bye-law should be made immediately, it may, by order in writing specifying the reasons therefore, dispense with the condition of previous publication.

 

 

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The Securities Contract (Regulation) Act, 1956

 

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