Section 4 - Grant of recognition to stock exchanges - SECURITIES CONTRACTS (REGULATION) ACT, 1956

Grant of recognition to stock exchanges. 4. (1) If the Central Government 1 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,- (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 it, 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 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 2 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 exchange 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 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. 3 (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. 4 (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. 5 ************ 1 Powers are exercisable by SEBI also vide S. O. 672 (E), Dated 13-09-1994, published in the Gazette of India, Extra., Pt. II, Section 3 (ii), Dated 13-09-1994. 2 Powers are exercisable by SEBI also vide S. O. 672 (E), Dated 13-09-1994, published in the Gazette of India, Extra., Pt. II, Section 3 (ii), Dated 13-09-1994. 3 Powers are exercisable by SEBI also vide S. O. 672 (E), Dated 13-09-1994, published in the Gazette of India, Extra., Pt. II, Section 3 (ii), Dated 13-09-1994. 4 Powers are exercisable by SEBI also vide S. O. 672 (E), Dated 13-09-1994, published in the Gazette of India, Extra., Pt. II, Section 3 (ii), Dated 13-09-1994. 5 Powers are exercisable by SEBI also vide S. O. 573 (E), Dated 30-07-1992, published in the Gazette of India, Extra., Pt. II, Section 3 (ii), Dated 30-07-1992.