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Recognized Stock Exchanges

Application for Recognition of Stock Exchanges, Grant of Recognition of Stock Exchanges



Application for Recognition of Stock Exchanges


Any stock exchange, which is desirous of being recognized for the purposes of this Act, may make an application in the prescribed manner to the Central Government. (2) Every application under sub-section 1. shall contain such particulars as may be prescribed, and shall be accompanied by a copy of the bye-laws of the stock exchange for the regulation and control of contracts and also a copy of the rules relating in general to the constitution of the stock exchange and in particular, to— a. the governing body of such stock exchange, its constitution and powers of management and the manner in which its business is to be transacted; b. the powers and duties of the office bearers of the stock exchange; c. the admission into the stock exchange of various classes of members, the qualifications for membership, and the exclusion, suspension, expulsion and readmission of members there from or there into; d. the procedure for the registration of partnerships as members of the stock exchange in cases where the rules provide for such membership; and the nomination and appointment of authorized representatives and clerks.



Grant of Recognition of Stock Exchanges


1. If the Central Government is satisfied, after making such inquiry as may be necessary in this behalf and after obtaining such further information, if any, as it may require,


Ø   That the rules and bye-laws of a stock exchange applying for registration are inconformity with such conditions as may be prescribed with a view to ensure fair dealing and to protect investors;


Ø   That the stock exchange is willing to comply with any other conditions (including conditions as to the number of members) which the Central Government, after consultation with the  governing body of the stock exchange and having regard to the area served by the stock exchange and its standing and the nature of the securities dealt with by it, may impose for the purpose of carrying out the objects of this Act; and


Ø     That it would be in the interest of the trade and also in the public interest to grant recognition to the stock exchange; it may grant recognition to the stock exchange subject to the conditions imposed upon it as aforesaid and in such form as may be prescribed.


2. The conditions which the Central Government may prescribe under clause (a) of subsection (1) for the grant of recognition to the stock exchanges may include, among other matters, conditions relating to,


Ø   The qualifications for membership of stock exchanges;


Ø   The manner in which contracts shall be entered into and enforced as between members.


Ø   The representation of the Central Government on each of the stock exchange by such number of persons not exceeding three as the Central Government may nominate in this


behalf; and


Ø   The maintenance of accounts of members and their audit by chartered accountants whenever such audit is required by the Central Government.


3.  Every grant of recognition to a stock exchange under this section shall be published in the Gazette of India and also in the Official Gazette of the State in which the principal office as of the stock exchange is situate, and such recognition shall have effect as from the date of its publication in the Gazette of India.


4. No application for the grant of recognition shall be refused except after giving an opportunity to the stock exchange concerned to be heard in the matter; and the reasons for such refusal shall be communicated to the stock exchange in writing.


5. No rules of a recognized stock exchange relating to any of the matters specified in sub-section (2) of section 3 shall be amended except with the approval of the Central Government. Even though we have 23 stock exchanges in India, a major part of the transactions is controlled by Bombay Stock Exchange. This has led to enormous speculation, rigging and cornering of shares by a few speculators. To prevent these malpractices by companies, brokers and merchant bankers, the government constituted Securities Exchange Board of India in April 1988 for regulating and promoting the stock market in the country and effective from 1992.

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