Securities Contracts (Regulation) Act,1956
Act No : 42
Section :
Power of Securities and Exchange Board of India to make or amend bye-laws of recognised stock exchanges.
10.Power of Securities and Exchange Board of India to make or amend bye-laws of recognised stock exchanges.(1) The Securities and Exchange Board of India may, either on a request in writing received by it in this behalf from the governing body of a recognised stock exchange or on its own motion, if it is satisfied after consultation with the governing body of the stock exchange that it is necessary or expedient so to do and after recording its reasons for so doing, make bye-laws for all or any of the matters specified in section 9 or amend any bye-laws made by such stock exchange under that section. (2) Where in pursuance of this section any bye-laws have been made or amended, the bye-laws so made or amended shall be published in the Gazette of India and also in the Official Gazette of the State in which the principal office of the recognised stock exchange is situate, and on the publication thereof in the Gazette of India, the bye-laws so made or amended shall have effect as if they had been made or amended by the recognised stock exchange concerned. (3)Notwithstanding anything contained in this section, where the governing body of a recognised stock exchange objects to any byelaws made or amended under this section by the [Securities and Exchange Board of India] on its own motion, it may, within six months of the publication thereof in the Gazette of India under sub-section (2), apply to the Government for revision thereof, and the Securities and Exchange Board of India after giving an opportunity to the governing body of the stock exchange to be heard in the matter, revise the bye- laws so made or amended, and where any bye-laws so made or amended are revised as a result of any action taken under this sub-section, the bye-laws so revised shall be published and shall become effective as provided in sub-section (2). ----------------------------------------------------------------------- 1 Subs. by Act 15 of 1992, s. 33 & Sch. (w.e.f. 21.2.1992) ----------------------------------------------------------------------- 136 (4) The making or the amendment or revision of any bye-laws under this section shall in all cases be subject to the condition of previous publication: Provided that if the Securities and Exchange Board of India is satisfied in any case that in the interest of the trade or in the public interest any byelaws should be made, amended or revised immediately, it may, by order in writing specifying the reasons therefor, dispense with the condition of previous publication.
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