PART II
AMENDMENTS TO THE FORWARD CONTRACTS (REGULATION) ACT, 1952
Commencement and amendment of Act 74 of 1952 .
158. [A] The provisions of this Part shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Part.
Insertion of new section 28A .
[B] In the Forward Contracts (Regulation) Act, 1952 (74 of 1952), (herein referred to as the Forward Contracts Act), after section 28, the following section shall be inserted, namely:--
Savings of recognised associations
“28A.(1) All recognised associations under the Forward Contracts Regulation Act, shall be deemed to be recognised stock exchanges under the Securities Contracts (Regulation) Act,1956 (42 of 1956.) (herein referred to as Securities Contracts Act).
(2) The Securities and Exchange Board of India (herein referred to as the Security Board) may provide such deemed exchanges, adequate time to comply with the Securities Contracts Act and any regulations, rules, guidelines or like instruments made under the said Act.
(3) The bye-laws, circulars, or any like instrument made by a recognised association under the Forward Contracts Act shall continue to be applicable for a period of one year from the date on which that Act is repealed, or till such time as notified by the Security Board, as if the Forward Contracts Act had not been repealed, whichever is earlier.
(4) All rules, directions, guidelines, instructions, circulars, or any like instruments, made by the Commission or the Central Government applicable to recognised associations under the Forward Contracts Act shall continue to remain in force for a period of one year from the date on which that Act is repealed, or till such time as notified by the Security Board, whichever is earlier, as if the Forward Contracts Act had not been repealed.
(5) In addition to the powers under the Securities Contracts Regulation Act, the Security Board and the Central Government shall exercise all powers of the Commission and the Central Government with respect to recognised associations, respectively, on such deemed exchanges, for a period of one year as if the Forward Contracts Act had not been repealed.”.
Notes on Clauses:
Clause 158 of the Bill seeks to amend certain provisions of the Forward Contracts (Regulation) Act, 1952. It is proposed to amend the said Act so as to insert a new section 28A which relates to saving of recognised associations.
