Section 28A:
Savings of recognised associations.
1[28A. Savings of recognised associations.--(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 the Securities Contracts Act):
Provided that such deemed recognised stock exchanges shall not carry out any activity other than the
activities of assisting, regulating or controlling the business of buying, selling or dealing in commodity
derivatives till the said deemed recognised stock exchanges are specifically permitted by the Securities
and Exchange Board of India:
Provided further that a person buying or selling or otherwise dealing in commodity derivatives as a
commodity derivatives broker, or such other intermediary who may be associated with the commodity
derivatives market, immediately before the transfer and vesting of rights and assets to the Securities and
Exchange Board of India for which no registration certificate was necessary prior to such transfer, may
continue to do so for a period of three months from such transfer or, if he has made an application for
such registration within the said period of three months, till the disposal of such application.
(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Act is repealed, or till such time as notified by the Security Board, as if the Forward Contracts Act had not
been repealed, whichever is earlier.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repealed, or till such time as notified by the Security Board, whichever is earlier, as if the Forward
Contracts Act had not been repealed.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:
1. Ins. by Act 20 of 2015, s. 131 (w.e.f. 28-9-2015).