Section 15:
Forward contracts in notified goods illegal or void in certain circumstances.
(1) The
Central Government may, by notification in the Official Gazette, declare this section to apply to such
goods or class of goods and in such areas as may be specified in the notification, and thereupon, subject to
the provisions contained in section 18, every forward contract for the sale or purchase of any goods
specified in the notification which is entered into in the area specified therein otherwise than between
members of a recognised association or through or with any such member shall be illegal.
(2) Any forward contract in goods entered into in pursuance of sub-section (1) which is in
contravention of any of the bye-laws specified in this behalf under clause (a) of sub-section (3) of section
11 shall be void--
(i) as respects the rights of any member of the recognised association who has entered into such
contract in contravention of any, such bye-law, and also
(ii) as respects the rights of any other person who has knowingly participated in the transaction
entailing such contravention.
(3) Nothing in sub-section (2) shall affect the right of any person other than a member of the
recognised association to enforce any such contract or to recover any sum under or in respect of such
contract:
Provided that such person had no knowledge that such transaction was in contravention of any of the
bye-laws specified under clause (a) of sub-section (3) of section 11.
1[(3A) Any forward contract in goods entered into in pursuance of sub-section (1) which at the date of
the contract is in contravention of any of the bye-laws specified in this behalf under clause (aa) of
sub-section (3) of section 11 shall be illegal.]
(4) No member of a recognised association shall, in respect of any goods specified in the notification
under sub-section (1), enter into any contract on his own account with any person other than a member of
the recognised association, unless he has secured the consent or authority of such person and discloses in
the note, memorandum or agreement of sale or purchase that he has bought or sold the goods, as the case
may be, on his own account:
Provided that where the member has secured the consent or authority of such person otherwise than in
writing he shall secure a written confirmation by such person of such consent or authority within three
days from the date of such contract :
Provided further that in respect of any outstanding contract entered into by a member with a person
other than a member of the recognised association, no consent or authority of such person shall be
necessary for closing out in accordance with the bye-laws the outstanding contract, if the member
discloses in the note, memorandum or agreement of sale or purchase in respect of such closing out that he
has bought or sold the goods, as the case may be, on his own account
Notes:
1. Ins. by Act 62 of 1960, s. 15 (w.e.f. 28-12-1960).