Securities Contracts (Regulation) Act, 1956
4.Grant of recognition
to stock exchanges.-
(1) If the Central
Government is satisfied, after making such inquiry as may be necessary in this
behalf and after obtaining such to further information, if any, as it may
require,-
(a)
that the rules and bye-laws of a stock exchange applying for registration are
in conformity with such conditions as may be prescribed with a view to ensure
fair dealing and to protect investors;
(b)
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 its, may impose for the purpose of
carrying out the objects of this Act; and
(c)
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 tot he 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 sub-section (1)
for the grant of recognition to the stock exchanges may include, among other
matters, conditions relating to,-
(i)
the qualifications for membership of stock exchanges;
(ii)
the manner in which contracts shall be entered into and enforced as between
members;
(iii)
the representation of the Central Government on each of the stock exchanges by
such number of persons not exceeding three as the Central Government may
nominate in this behalf; and
(iv)
the maintenance of accounts of members and their audit by Chartered accountants
wherever 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 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
recognised 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.