Section 28 - Act not to apply in certain cases - SECURITIES CONTRACTS (REGULATION) ACT, 1956

1 [Act not to apply in certain cases. 28. (1) The provisions of this Act shall not apply to- (a) the Government, the Reserve Bank of India, any local authority or any corporation set up by a special law or any person who has effected any transaction with or through the agency of any such authority as is referred to in this clause; (b) any convertible bond or share warrant or any option or right in relation thereto, in so far as it entitles the person in whose favour any of the foregoing has been issued to obtain at his option from the company or other body corporate, issuing the same or from any of its shareholders or duly appointed agents‟ shares of the company or other body corporate, whether by conversion of the bond or warrant or otherwise, on the basis of the price agreed upon when the same was issued. (2) Without prejudice to the provisions contained in sub-section (1), if the Central Government 2 is satisfied that in the interests of trade and commerce or the economic development of the country it is necessary or expedient so to do, it may, by notification in the Official Gazette, specify any class of contracts as contracts to which this Act or any provision contained therein shall not apply, and also the conditions, limitations or restrictions, if any, subject to which it shall not so apply.] ******** 1 Substituted by Securities Contracts (Regulation) Amendment Act, 1959 (Act No. 49 of 1959), Sec 3, w.e.f. 08-12-1959. 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.