(b) List down the powers Central Government enjoying under the Securities Contracts (Regulation) Act, 1956 and the Rules and Regulations made thereafter.
CS Executive · Capital Market and Securities Laws · PYQS · June 2025
(b) List down the powers Central Government enjoying under the Securities Contracts (Regulation) Act, 1956 and the Rules and Regulations made thereafter.
Answer & Explanation:
Various powers Central Government enjoying under the Securities Contracts (Regulation) Act, 1956 and the Rules and Regulations made thereafter are as follow: To call for periodical returns or direct any inquiries to be made (Section 6): Every recognised stock exchange and every member thereof shall maintain and preserve for such periods not exceeding five years such books of account, and other documents as the Central Government, after consultation with the stock exchange concerned, may prescribe in the interest of the trade or in the public interest. To direct rules to be made or to make the rules (Section 8): Section 8 deals with the power of Central Government to make rules or direct rules to be made in respect of recognised stock exchange. To Supersede governing body of a Recognised Stock Exchange (Section 11): Where the Central Government is of opinion that the governing body of any recognised stock exchange should be superseded, then, it may, by notification in the Official Gazette, declare the governing body of such stock exchange to be superseded. To Suspend Business of a Recognised Stock Exchange (Section 12): If in the opinion of the Central Government, an emergency has arisen and for the purpose of meeting the emergency, the Central Government considers it expedient so to do, it may, by notification in the Official Gazette, for reasons to be set out therein, direct a recognised stock exchange to suspend such of its business for such period not exceeding seven days and subject to such conditions as may be specified in the notification. To prohibit contracts in certain cases (Section 16): Section 16 stipulates that if the Central Government is of opinion that it is necessary to prevent undesirable speculation in specified securities in any State or area, it may, by notification in the Official Gazette, declare that no person in the State or area specified in the notification shall, save with the permission of the Central Government, enter into any contract for the sale or purchase of any security specified in the notification except to the extent and in the manner, if any, specified therein. To grant Immunity (Section 23 O): The Central Government may, on recommendation by the SEBI, grant immunity from prosecution for any offence under Securities Contracts (Regulation) Act, 1956, or the rules or the regulations made thereunder or also from the imposition of any penalty under this Act with respect to the alleged violation. To delegate (Section 29A): Section 29A stipulates that the Central Government may, by order published in the Official Gazette, direct that the powers (except the power under section 30) exercisable by it under any provision of Securities Contracts (Regulation) Act, 1956 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the order, be exercisable also by the SEBI or the Reserve Bank of India. Power to make Rules (Section 30): Section 30 empowers the Central Government to make rules for the purpose of carrying into effect the objects of the Securities Contracts (Regulation) Act, 1956 by notification in the Official Gazette.
Topics: Securities Contracts (Regulation) Act, 1956
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