REGISTERED No. DL—33001/2001 The Gazette of India
PUBLISHED BY AUTHORlTY
No. 21] NEW DELHI, SATURDAY , MAY 26, 2001 (JYAISTHA 5, 1923)
(Separate paging is given to this Part in order that it may be filed as a separate compilation)
[PART IV]
[Advertisements and Notices issued by Private Individuals and Private Bodies.)
NOTICE
NO LEGAL RESPONSIBILITY IS ACCEPTED FOR THE PUBLICATION OFADVERTISEMENTS/PUBLIC NOTICES IN THIS PART OF THE GAZETTE. OF INDIA. PERSONS NOTIFYING THE ADVERTISEMENTS/ PUBLIC NOTICE'S WILL. REMAIN SOLELY, RESPONSI- BLE FUR THE LEGAL CONSEQUENCIES AND ALSO FOR ANY OTHER MISREPRESENTATION ETC.
BY ORDER Controller of Publication CHANGE OF NAMES
I, hitherto Known as RABINDRA TARlNl son of LT. TARlNI employed as Male Safaiwalainthe Chief Health Inspector (NTS) S. E Rly., Kharagpnr residing at the 657/B, out house, 6th Avenue P. O. Kharagpur have changed my name and shall here- after be k'nown as RABINDRA MADHAT It is certified that I have complied with other legal requirements in this connection.
RABlNDRA TARINI [Signature (in existing old name)]
(107)
1 —80G1/2001
I hitherto known as SRI BIDESHI MAGUNI son of LT. MAGUNI employed as Medical Safai- wala in the Chief Health Inspector /NTS S. E, Rly. Kharagpur residing at Traffic Harijan Colony. P. O. Kharagpur, Dt. Midnapui have changed my name and shall hereafter be known as SRI BIDESHI SATHU.
It is certified that I have complied, with other legal requirements in this connection.
SRI BIDESHI MAGUNI [Signature (in existing old name)] I, hitherto known as RAJESH MADHUKAR MORE son of MADHUKAR MANOALRAM MORE employed as Labour SS in Ammunition Factory, Khadki Pune-4ll 003 residing at the Babr - rao Landgo Chawl behind Sambhaji Co-op. Bank Kasarwdi, Pune-4l1034 have changed my name and shall hereafter be known as RAJESH MADHUKAR MORWAL.
108 THE UAZETIE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) . [ P A R T - IV It is certified that I have complied with other legal requirements in this connection.
RAJESH MADHUKAR MORE [Signature (in existing old name) 1, hither to known as MISS L E E NA SARANG daughter oi" BABURAQ employed as private Medi- cal Practitionei (Individual) residing at the AT PO: Kadoli. Tal- & Dt. :Belgaum have cahnged my name and shall hereafter be known ab MRS. SAl SHIVAJI ANGOLKAR,
It is certified that I have complied with other legal requirements in this connection.
MTSS. LEEMA SARANG [Signature (in existing old name)] I, hither to known as SNEH daugher of Shri RAJKUMAR residing at B-1006 Shastri Nagar, Delhi-i 10052 have changed my name and shall here- after be khown as LAXMI SINGH.
It is certified that I have complied with other legal requirements in this connection.
SNEH [Signature (in existing old name)] 1, hitherto known as SMT, NEERA Wife of Shri RAKESH CHAND DHlMAN employed as Sr- TOA(G)-1I in the O/o C.G.M.T., B.S.N-L.H.P. Circle, Kasumpti, Shimla-171009 residing at the Flat No. 9, Block No. C-17 SDA Colony yikas Nagar Shimla-171009, have changed my name and shall hereafter be known as SMT. NEERA DHlMAN
It is certified that I have complied with other legal requirements in this connection.
SMT. NEERA
[Signature (in existing old name)| I, hitherto known a$ RAKESH CHAND S/o o Late Sh. DHANI RAM employed us TOA. (G)-1I in the O/o Executivo Engineer (C) BSNL Telecom civil division Khalini Shimla-171002 residing at Flat No. 9, Block No C-j7 SDA Colony, Vikas Nagar, Shimia-l71009 have changed my name and shall hereafter be known as RAKESH CHAND DHlMAN.
It is certified that I have complied with other legal requirements in this connection.
RAKESH CHAND [Signature (in existing old name)] t hitherto known as SADISH NAJK. son ot Stm K. P- GOPALAN NAIR ennloyed as Trademan (P) in tho Bhabha Atomic Research Centre, Trombay, Mumbai 400085 residing ;>t Meerabai D-7, Anushakti Nagar, Mumbai have changed my name and shall hereafter be known has SATISH GOPALAN NAlR.
Tt is certified that I have complied with other legal requirements in thin connection.
SADISH NAIR [Signature (in existing old name)] I hither to known as SAKTI s/o Late PRAN KRISHNA employed as R plater Gr.-I holding T/No. 39102 (Shop No. 39) S. E. Railway Workshop KGP residing at Village Kismat, Madnura, P O. Samrairui", P. S. Khaiagrui (Lccal), District Midnapcre (West gen gal) luue changtd my name and shall heieafier be kntwn is SAKTl PADA C H A K R A B O R T Y, S/O L'MC PRAN KRISHNA.
It js certified that I have complied with other legal requirements in this connection.
SAKTl [Signature (in existing old name)] I hitherto known is LMA CHAND UAS son of Shri LAGAN CHAND DAS an employee of No 1 Advance Base Stationery Dcpct, C/c &9 AFO a resident of Oil India Gate Narangi have changed rny name and shall hereafter be known as UMA NATH RA1.
It is certified that r have complied with other legal requiiements in this connection.
UMA CHAND DAS [Signature (in existing old name)] I hitherto known as GANGA DUTT son of Sh. GOVERDHAN employed as U-D.C. in the Ministiy of SSI & ARl. DC(SSI), Nirman Bhavan, New Delhi residing at 162/12, R.K. Puiam, New Delhi-110022 have changed my name and shall hereaftei be known as GANGA DUTT PANDEY.
It is certified that I have complied with other leg^l requirements in this connection.
GANGA DUTT [Signature (in existing old name)] I hitherto known as M'AJ (Mrs) DJPALI. KARMAKAR Daughter of DWJ.JENDKAMOHAN K A R M A K AR employed as Nursing Officer la i\v-' Military Nursing Service (B^ise llos/.ul Burnck- pore) residing at 43/2, Middle Road, B&irackpore, 24-Pgs. (N) have changed my name and shall hereafter be known as M'AJ(Mrs) DlPALl CHATTERJEE.
It is certified that I have complied with other legal requirements in this connection.
MAJ (Mrs) DIPAH KARMAKAR [Signature (in existing old nemej] Ihitherto known as PRfYATMA K U M A RI daughter of Late Shri B H A H AT SF.NGH residing ;>t C-3/36, Keshav Puram, L'-iwrancc Rord, Delhi- 110035 have changed my name and shall iiceal'ter be known as PRTYA.
It is certified that T have complied with other legal requirements in this connection.
PRIYA1MA KUMAR| [Signature (in existing old name)] ioy 2—8OGI/2001 110 I ll 112 113 114 11?
116 3—8OGT/2OOI 118 1 1 9 1 2
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2 " 1 2 9 1 3 0 1 3 1 1 3 2 133 5—80G1/2001 134 135 136 137 138 139 140 l - li &-8OGI/20O1 142 143 -1-1 145 146 147 148 UV 7—80GI/2001 150 151 152 153 154 155 156 15" K—KOGI/2001 158 159 160 161 162 PART—IV| THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923)
Ih3 NATIONAL STOCK EXCHANGE OF INDIA LIMITED
The provisions contained in NSE (Futures & Options) Trading Regulations are amended to the extent given hereunder-
1. The definitions of the following terms are incorporated in the definitions Chapter at appropriate places :
American Style option contract
American Style option contract means an option contract which may be exercised on any day on or before the expiration day.
At the money or Near the money strike price
At the money or Near the money' strike price is the strike price of the option contract at or within such range of the underlying as may be specified by the Relevant Authority from time to time
Capped Style option contract
Capped Style option contract means an option contract which shall be exercised ipso facto on or before expiration time upon the value of the underlying reaching the cap price for the option at any time as the Relevant Authority may specify from time to time for various option contracts.
Contract Value
Contract Value is the value arrived at by multiplying the strike price of the options contract with the regular/market lot size.
Exercise
Exercise means the invocation of right, in accordance with and subject to Rules, Byelaws and Regulations of the Exchange, by the holder of the option.
Exercise Price
The Exercise Price or strike price is the price per unit of trading at which the option holder has the right either to buy or sell the underlying upon exercise of the option.
K ,4
T i l l- ( . A Z I ' T TO O l; I N D I A, M AY 1 (\ 2 ( HM i . I Y A L S I HA 5, I ' l ^i
| I ' \ KI •- IV Exercise Style
Exercise Style of an option refers to the price at which and/or time as to when the option is exercisable by the holder. It may either be an American style option or an luiopean style option or capped style option or such other exercise style of option as fhe Relevant Authority may prescribe from time to time.
t".".Aj";ir;iPJ"ji! tfciu*
Fxpinuion fime is the close of business hours on the expiration day of the option '•"nf.wa or ".-,u-:b frth'-<: tiuic ,;- > '•*;•!•.•'• ..ui \nthority from timir to time.
Kuii'opean Style option contract
European Style option contract means an option contract, which may be exercised jiily on the expiration day, on or before the expiration time, or such other day and/ or time as may be specified by the Relevant Authority from time to time.
In the money strike price
In the money strike price, in case of Put Option, is the strike price of the option contract which is above At the money or Near the money1 strike price.
In the money strike price, in case of Call Option, is the strike price of the option contract which is below At the money or Near the money' strike price.
Option Class
Option contracts of the same type and style that cover the same underlying constitute an upiiCM i*ilSS.
Option Holder
Option holder is a person who has bought an option contract
Option Seller
PART—IV] THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) 1M Out of the money strike price, in case of Call Option, is the strike price of the option . contract which is above ' At the money or Near the money' strike price
Premium
Premium is the price which the buyer of the option pays to the seller of the option for the rights conveyed by the option contract.
Settlement price
Settlement price, in respect of Exercise settlement, is tne closing price ot tne underlying on the day of exercise or such other price as may be decided by the relevant authority, from time to time.
Strike Price Interval
Strike price interval is the gap between any two successive strike prices which the Relevant Authority may prescribe from time to time.
Series of Options
Series of Options medns all options of the same class having the same exercise price and expiration day.
^ype of option
Type of option means the classification of an option as either a put or a call.
Underlying
Underlying is one with reference to which derivative contracts are permitted to be traded by the Exchange from time to time.
2. The following definition has been amended :
Regular-Lot/Market Lot Size
Regular Lot/Market Lot Size means the number of units that can be bought or sold in a specified derivatives contract as may be specified by the Relevant Authority of F&O Segment of the Exchange from time to time.
9—8()GI/2(X)1 J66 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5. 1^2.1) [PAKI — IV 3. The following regulations are inserted after the existing regulation 3.1.1 of Chapter III of the Regulations :
QUOTE
3.1.2 The Relevant Authority may from time to time introduce new contracts at such strike prices (in the money1, at the money or near the money' and 'out of the money') for put /call options respectively for every month after the expiry of the previous month contracts
3.1.3 The Relevant Authority may from time to time introduce one or more new contract(s) at new strike prices for both call and put options respectively as and when the prices of the underlying changes beyond pre-defined parameters prescribed by it.
3.1.4 The Relevant Authority may from time to time prescribe the criteria for underlying with reference to which the option contracts shall be permitted to be traded on the F&O Segment of the Exchange.
UNQUOTE
4. The existing regulation 3.1.2 is re-numbered as 3.1.5.
5. The following regulations are inserted after the re-numbered regulation 3.1.5 of Chapter HI of the Regulations :
QUOTE
3.1.6 The Relevant Authority may from time to time prescribe the exercise style of an option.
3.1.7 The Relevant Authority may at any time introduce additional series of option contracts with different exercise prices based on changes in the value of the underlying or such other factors and circumstances including investor interest, market conditions, etc. as may be decided from time to time,
UNQUOTE
6. The existing regulation 3.1.3 is re-numbered as 3.1.8.
7. The following regulations are inserted after the re-numbered regulation 3.1.8 of Chapter HI of the Regulations
QUOTE pA R T_ I V] THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) 167 3.1.9 If the Relevant Authority is of the opinion that a particular underlying no longer meets its requirements for options trading or is not eligible for trading or if the Relevant Authority decides to discontinue trading in a particular options series for such reason(s) as it may deem fit, it may stop introducing new options on that underlying and may in such circumstances impose restrictions on transactions that open new positions in options series that have been previously introduced.
3.1.10 The Relevant Authority may discontinue trading in a particular option contract if there are no open positions in such a contract.
3.1.11 The Relevant Authority may limit the total number of puts or calls on the same underlying that a single investor or group of investors acting in concert may exercise during such time period as may be prescribed by the Relevant Authority from time to time. The Relevant Authority may also limit the maximum number of options on the same side of the market (i.e., calls held plus puts written or puts held plus calls written) with respect to a single underlying that may be carried in the accounts of a single investor or group of investors acting in concert.
UNQUOTE
8. The existing regulation 3.7.3 is amended in the following manner :
QUOTE
The F&O Segment of the Exchange/Clearing Corporation/Clearing Member shall levy initial margin and such other margins on derivatives contract of such amounts and in such manner as may be specified from time to time by the Relevant Authority.
UNQUOTE
9. The following regulations are inserted after the existing regulation 3.8 of Chapter III of the Regulations :
QUOTE
3.9 The Relevant Authority may from time to time prescribe
(a) the mode, method or manner in which of the premium shall be collected by the trading member from the constituent;
(b) the mode, method or manner in which the margins shall be collected by the trading member from the constituent,
(c) the manner or form in which and time within which the constituent shall give exercise notice to the trading member;
168 THE GAZETTE OF INDIA, MAY Z5, 2(X)I (JYAISTHA 5, 1923)
[PART —IV (d) the manner or form in which and time within which the trading member shall assign exercise notice to its constituents account; and
(e) the mode, method of exercise, for different option contracts.
UNQUOTE
10. The revised format of the contract note after incorporating necessary changes is given
as Annexure I.
11. The revised Risk Disclosure Document' after incorporating necessary changes is
given as Annexure.IT
For National Stock Exchange of India Limited
J. Ravichandran
Company Secretary &
Sr. Vice President
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ANNEXUREIA
CONTRACT NOTE
T d no
Subject to exclusive jurisdiction of the courts in MUMBAI only
Name of Partner/
CONTRACT NOTE ISSUED BY MEMBERS ACTING FOR CONSTITUENTS
TIXDO: Fax no lYoprietor/Authorised Signatory
AS BROKERS AND AGENTS
Dealing Office address/Td -no/Dx no/Faxno.
Name of the Member Address of the Member
T H E
SEBJ Regn.No. of the Member
Contract No:
Code No of the Member
To,
G A Z E T T E Constituent Name/Code No/Canstitueni Order Ref. No
O F
I Sir/ Madam, I/We have lMs day done by order and on your account the Following transactions:
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| Bought for vou | SoMforyoti | |||||||||||
| Order No. | Trade Trade No Time | Quantity | Price | Brokerage {Total) | Service Tax | Amount (Rs.) | Contract Specifications | Quantity1 | Price | Brokerage (Total) | Service Tax | Amount (Rs.) |
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) OTHER LEVIES, IF ANY: Brokerage has been charged as staled and has been at rales not exceeding the official jcale of brokerage and indicated separately. This c o a na is subject to ihe Rules, Bye-Laws and Regulations and usages of The National Stock Exchange of India limited, Mumbai. This contract is subject to Ihe exclusive jurisdiction of the Courts in Mumbai only. In tbe event of any claim (whether admitted or not) difference or dispute arising between you and rue/us out of these transactions, the matter shall be referred lo arbitration u provided in the Rules, Bye-laws and Regulations of the National Stock Exchange of India Limited, Mumbai. Ths cortract constitutes and shall be deemed to constitute as provided overleaf an agreement between you and rne/us that al] claims (whether admitted or not), differences and disputes m recpect of any dealings, transactions and contracts of a dale prior or subsequent to the date of this contract (including any question -whether such dealings, transactions or contracts have been entered into or not) shall be submitted to and decided by arbitration as provided in the Rules. Bye-Laws and the provisions printed overleaf form a part of the contract
MUMB:\I
Date
Yours faithfUlly,
Member of National Stock Exchange of India Limited
1 7 0 EXTRACTS FHOM THE BYELAWS * REGULATIONS FERTAINING TO ARBITRATION
(1) All claims, differences or dispute* between the Trading Members wter se and bdween TrsdmgMenjben and OmstitiKnU arising out of cr in rd"tioo to 6Valmg", contracts and transactions made subject to the Bye-Laws,
Rules and Regulations of the Exchange or wife reference to anything inci dental thereto or in puraiaoceAereof or reUting to their vslidity, construction, interpretation, fulfillment or the rights, obligations and liabilities of the
parties thereto and inchidmg any question of whether such dealings, transact ions and contracts have been entered into of not shall be submitted to arbitration in accordance with the provisions of these Byelaws and
Regulations.
(2) In all dealings, contracts and transactions, whkn are made or deemed to be made subject to the Byelaws, Rules and Regulations of the Exchange, the provisions relating to arbitration as provided in these Byelaws and
Regulations shall form and shall be deemed to form part of the dealings, contracts and transactions and the parties shall be deemed to have entered into an arbitration agreement in writing by which aO claims, differences or
disputes of the nature referred to in clause (1) above shall be submitted to arbitration as per the provisions of these Byelaws and Regulations.
T H E (3 ) AD claims, differences or disputes referred to in clause (1) above shall be submitted to arbitration within six moiShs from the date on which the claim, difference or dispute arose or shall be deemed to have arisen. The time taken in conciKation proceedings, if any, initiated and conducted as per the provisions of the Act and the time takes by the Relevant Authority to administratively resolve the claims, differences or dispute shall be excluded for the purpose of determining (he period of six months.
G A Z E T T E (4) Save as otherwise specified by the Relevant Authority, the seat of arbitration for different regions shall be as follows:
| Srtta of ArMtntfoa REGIONAL ARBITRATION CENTRES (RACY) | STATES COVERED BY THE RAC |
| DELHI | Delhi, Haryana, Utter Pradesh, Himacha] Pradesh, Punjab, Jammu & Kashmir, Chandigarh, Rajasthan. |
| CALCUTTA | West Bengal, Bihar, Orissa, Assam, Aiunachal Pradesh, Mizoram, Manipur, Sikkim, Meghalaya, Nagaland Trtpura. |
| CHENNAI | Andhra Pradesh, Kmataka, Kerala, Tamilnadu, Andaman & Nicobar, Lakshadweep, Pondicherry. |
| MUMBAI | Maharashtra, Gujarat, Goa, Daman, Diu, Dadra & Nagar Haveli, Madhya Pradesh, |
, (I) Save as otherwise specified by the Relevant Authority, the criteria for selection of seat of arbitration for a particular matter is as follows:
| Parties to Dispute | Place of filing the Application for Arbitration | Place of hearing |
| TM* V/s Trading Member | a) If the dealing offices of both Trading Members from where the dealing was carried is situated in any one of the states covered by a particular RAC then the Application for Arbitration shall be filed by the Applicant-Trading Member in that RAC. b) If the dealing offices of both Trading Members from where the dealing was carried out are situated in nates covered by different RACa then the Application for .Arbitration shall be filed in the RAC covering the state in which the Respondent -Trading Member's dealing office is situated. | The bearing shall be held at the RAC where the Applicant-Trading Member has filed the Application for Arbitration and the Respondent-Trading Member shall attend the hearing tn that particular RAC. |
| TM V/i C* & C V/% TM | The Application for Arbitration shall be filed by the Applicant at the RAC covering the state in which the dealing office of the Trading Member from which the dealing was carried out is situated. | The bearing shall be held m that RAC where the Applicant has filed the Application for Arbitration and the Respondent shall atteod the hearing in that particular RAC. |
[ • *TM" stanb for "Trading Member" aad "C" stands for "CoBstttwBt." Fcr more details please re/er to Chapter XI of the Byelaws and Chapter 5 of Futures & Options segmeol Trading Regulations of Na'ortal Stock Exchange of India limited.
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ANNIXURE IB
CONTRACT NOTE
Subject to exclusive jurisdiction of the courts in MUMBAI on!
CONTRACT NOTE ISSUED BY MEMBERS DEALING WITH
Name of Partner/ Proprietor/Authorised Signatory
Tel no. TL\ no: Fax no
CONSTITUENTS AS PRINCIPALS
Dealing Office address/Tel no/Tlx no/Faxno
T H E
Name of the Member Address of tbe Member SEBI RegnNo. of'he Member
Code No. of the Member
Contract No.
G A Z E T T E To,
Constituent Name/Code No/Constituent Order Ref No
O F
I Sir/Madam,
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M A Y I/We have this day ENTERED INTO following transactions as PRINCIPALS) TO PRINCIPALS):
| Bought from you | Sold to yon | |
| Order No. Trade Trade No. Time | Quantity Price Amount Contract (Rs.) Specifications | Quantity Price Amount (Rs.) |
I OTHER LEVIES, IF ANY:
S T H A
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) This contract is subject to tbe Rules, Bye-Laws and Regulations and usages of The National Stock Exchange of India Limited, Mumbai. This contract is subject to the exclusive jurisdiction of the Courts in Mumbai only. hi the event of any claim (whether admitted or not) difference or dispute arising between you and me/us out of these transactions, the matter shall be referred to arbitration as provided in tbe Rules, Bye-laws and Regulations of the National Stock Exchange of India Limited, Mumbai. This contract constitutes and shall be deemed to constitute as provided overleaf an agreement be'tween you and me/us that all claims (whether admitted or not), differences and disputes in respect of any dealings, transactions and contracts of a date prior or subsequent to the dale of this contract (including any question whether such dealings, transactions or contracts have been entered into or not) shall be submitted to and decided by arbitration as provided in the Rules, Bye-Laws and the provisions printed overleaf form a part of the contract.
MUMBAI Date
Yours firithfullv.
1 7 1 1 7 2
Member of National Stock Exchange of India Limited EXTRACTS FROM THE BYELAWS & REGULATIONS PERTAINING TO ARBITRATION
(1) All d a m s, differences or disputes between the Trading Members infer te and bttweeaTrad^ Membgs gri C<"wf^itn1ii argk^ outof Of inreUlionto rtfalingi, contracts and tranacboos made subject to the Bye-Laws,
Rules and Regulations of the Exchange or with reference to anyming inridentai thereto or in rcrinanretherecforreliang to their validity, construction, interpretation, fulfillment or the rights, obligations and Kabilkies of the
parties thereto and mdudmg any question of whether such deaibgs, transactions and contracts hove been entered into or Dot shall be submitted to arbitration in accordance with the provinces of these Bytliwi and
Regulations.
T H E
- (2) In aD dealings, contracts and transactions, which are made or deemed to be made subject to tbe Byelaws, Roles and Regulations of the Exchange, the provision* relating to arbitration as provided in fbeae Byelaws and Regulations shall form and shad be deemed to form part of tbe dealings, contracts and transactions and the parties shall be rhvmsri to have entered into an arbitration; agreement in wrkmg by which all damn, differences or disputes of the nature referred to in clause (1) above shall be submitted to arbitration as per the provisions of fliese Byelawi and Reguhtko*.
G A Z E T T E (3 ) All claims, differences or disputes referred to m clause (1) above shall be submitted to arbitration within six.months from the date on which the claim, difference or dispute arose or shall be deemed to nave arisen. The time taken in conciliation proceedings, if any, initialed and conducted as per the provisions of the Act and the time taken by the Relevant Authority to administratively resolve the dams, differences or dispiajw shall be excludedforfbepurposeofdeterminingtheperio^orsixinonths. ,
O F
I (4) Save as otherwise specified by tbe Relevant Authority , the seat of arbitration for different regions shall be as follows:
| Sects of Arbatratkm REGIONAL ARBITRATION CENTRES (RACs) | STATES COVERED BY THE RAC |
| DELHI | Delhi, Haryana, Utter Pradesh, Himachal Pradesh, Pmnab, Jammu & Kashmir, Chandigarh, Rajasthan. |
| CALCUTTA | West Bengal Bihar, Orissa, Assam, Arunacbal Pradesh, Mizoram, Manipur, SOdam, Meghalaya, Nagalaod, Tripura. |
| CHENNAI | Andhra Pradesh, Kamataka, Kerala, Tamilnadu, A~*—"-" ft Nicubar, Laksbadweep, Pondicherry. |
| MUMBAI | Maharashtra, Gujarat, Goa, Daman, Dili, Dadra & Nagar Havefi, Madhya Pradesh, |
(5) Save as otherwise specified b> the Relevant Authority, the criteria for selection of seat of arbitration for a particular matter is as follows:
| Parties to Dispute | Place of filing the Application for Arbitration | Place ofnearmg |
| TM* V.'s Trading Member | a) If the dealing offices ofbotfa Trading Members from where the '*""K"f wae earned is "*"•*"* in any one of the states covered by a particular RAC, then tbe Application for Arbitration shall be filed by the Applicant-Tradmg Member in that RAC. b) If the dealing offices of both Trading Members from where the dealing was carried out are situated "i stats covered by different RACg, then the Application for Arbitration shall be filed in me RAC covering the stale in which the Respondent -Trading Member's dealing office is tiTiPitivl | Tbe hearing shall be held at me RAC where me Applicant-Trading Member has filed the Application fir Arbitration and the Respondent-Trading Member shall attend the hearing n that particular RAC. |
| TM V s C* & C V s T M | The Application for Arbitration shall be filed by the Appltcad at me RAC covering the state in which me dealing office of tbe Trading Member from which the dealing was carried out is situated. | The hearing shall be held in mat RAC where the .Applicant has Sled fee Application for Arbftration and the Respondent shall attend the bearing in that particular RAC. |
"TM" stawb for -Tnrffaf M w k c r" a"d "C staads for "Coosdtwat."
For more detafli please refer to Chapter XI of the Byelaws and Chapter 5 of FU&T^S & Ope is segment Trading Regulations of National Stock Exchange of India limited.
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V P A R T —I V] T HE G A Z E T TE OF LN'DIA, M AY 2 6. ZO'U ( J Y A I S T HA 5. I'^IM
Ammj^Mji
M!§KDKCLOSUREDOCUMEM ' (THIS DOCUMENT SHOULD BE REAP BY EACH AMP EVERY PROSPECTIVE CONSTITUENT BEFORE ENTERING INTO PERIVATtvCT TRADIN-.' *WJ I SHtMJLP BE READ IN CONJUNCTION WITH CLAUSE 4JU OF THE NSEffiTTURESO. OITIONS) TRACING Bf.Gl'LAI l i> i. iil TF& '• ••'.•;.. -.y-'~j ~? \- ' |
' EOf^GEOjrrNMALJMIII."J?!2HIii
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""• "
i NSEIL has not passed the merits of paracipating in this trading segment noi has NSfc.L passed . ; the adequacy or accuracy of this disclosure iocumeti* rMs brief statement does no: C- •' :\-.r v : 3f thp risks and other hi&iif'cjp* ^spe?ts of -ra-^ing. *T light of the nsks. you should ULUV1.' \ such transactions only it you understand tiie nature oi the contracts {and coim^et-jA*. < relationships) into v*>jch you are entering and the extent of your exposure to risk Pisk of loss ' ai trading in derivatives can be substantial. You should carefully consider whether trading <' appropriate for you in light .of your experience, objectives, financial resources and othe : I relevant circumstances. Derivatives trading thus requires not only the necessary financial ; ; rs&uurces but alsofeeF:\m\ciiu and ^rx-iiori£i ieripe.'*tiieni tr< case of any -c-Jtse.]. "• • .-• loss m the Futures Si Optiors segment, the constituent =haU be soielv responsible for ?X"*b -'•-> .
. a r id t l i t, E x c h a n ge or 5 E BI s h a ll n et be r e s p o o s i b 'e l or r ! "e s a me a r id u \ V L: : S .: ' : . -^ i - (, •
- •' A :. % .
client to take the plea that no adequate disclosure was made or he was not explained *he full | risk involved by the member. Tlie client will be solely responsible for the consequences and no '• contract can be rescinded on that account.
j MSKSJNVOLVED IN TRADING IN DERIVATIVES CONTRACTS
Effect of "Leverage" or "Gearing"
The amount of margin is small relative to the value of the derivatives contract so the transactions are 'leveraged' or 'geared'.
Derivatives trading, which v- rrr^n^ec v •>th a relatively small amount of margin, provides the possibility of great profit or loss in comparison with the principal investment amount. But transactions in derivatives carry a high degree of risk.
You should therefore completely understand the following statements before actually trading in derivatives trading and also trade with caution while taking into account one's circumstances, j
i financial resources, etc. If the prices move against you, you may lose a part of or whole margin I equivalenttothe principal investment amount in a relatively short period of time. Moreover, the j
i loss may exceed the original margin amount.
A. Futures trading uivotves daily settlement of dl posit'ons. Every day the open positions are markedtomarket based on the closing level of the index. If the index has moved against j you, you will be required to deposit the amount of loss (notional) resulting from such ;
10—80GI/200I 174 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) [PART—IV movement. This margin will have to be paid within a stipulated time frame, generally before commencement of trading next day
B. If you fail to deposit the additional margin by the deadline or if an outstanding debt occurs in your account, the broker/member may liquidate a part of or the whole position or substitute securities. In this case, you will be liable for any losses incurred due to such close-outs.
C. Under certain market conditions, an investor may find it difficult or impossible to execute transactions. For example, this situation can occur due to factors such as illiquidity i.e. when there are insufficient bids or offers or suspension of trading due to price limit or circuit breakers etc.
D. In order to maintain market stability, the following steps may be adopted: changes in the margin rate, increases in the cash margin rate or others. These new measures may be applied to the existing open interests. In such conditions, you will be required to put up additional margins or reduce your positions.
E. You must ask your broker to provide the full details of the derivatives contracts you plan to trade i.e. the contract specifications and the associated obligations.
Risk-reducing orders or strategies
The placing of certain orders (e.g., "stop-loss" orders, or "stop-limit" orders) which are intended to limit losses to certain amounts may not be effective because market conditions may make it impossible to execute such orders. Strategies using combinations of positions, such as "spread" positions, may be as risky as taking simple "long" or "short" positions.
Suspension or restriction of trading and pricing relationships
Market conditions (e.g., illiquidity) and/or the operation of the rules of certain markets (e.g., the suspension of trading in any contract or contact month because of price limits or "circuit breakers") may increase the risk of loss due to inability to liquidate/offset positions.
Deposited cash and property
You should familiarise yourself with the protections accorded to the money or other property you deposit particularly in the event of a firm insolvency or bankruptcy. The extent to which you may recover your money or property may be governed by specific legislation or local rules.
In some jurisdictions, property which has been specifically identifiable as your own will be pro- rated in the same manner as cash for purposes of distribution in the event of a shortfall. In case pAR1 _ i v] THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) 175 of any dispute with Ihe member, the same shall be subject to arbitration as per the byelaws/regulations of the Exchange.
Risk of Option holders
1. An option holder runs the risk of losing the entire amount paid for the option in a relatively short period of time. This risk reflects the nature of an option as a wasting asset which becomes worthless when it expires. An option holder who neither sells his option in the secondary market nor exercises it prior to its expiration will necessarily lose his entire investment in the option. If the price of the underlying does not change in the anticipated direction before the option expires to an extent sufficient to cover the cost of the option, the investor may lose all or a significant part of his investment in the option.
2. The Exchange may impose exercise restrictions and have authority to restrict the exercise of options at certain times in specified circumstances.
Risks of Option Writers
1. If the price movement of the underlying is not in the anticipated direction the option writer runs the risks of losing substantial amount.
2. The risk of being an option writer may be reduced by the purchase of other options on the same underlying interest-and thereby assuming a spread position-or by acquiring other types of hedging positions in the options markets or other markets. However, even where the writer has assumed a spread or other hedging position, the risks may still be significant. A spread position is not necessarily less risky than a simple iong' or short" position.
3. Transactions that involve buying and writing multiple options in combination, or buying or writing options in combination with buying or selling short the underlying interests, present additional risks to investors. Combination transactions, such as option spreads, are more complex than buying or writing a single option. And it should be further noted that, as in any area of investing, a complexity not well understood is, in itself, a risk factor. While this is not to suggest that combination strategics should not be considered, it is advisable, as is the case with all investments in options, to consult with someone who is experienced and knowledgeable I7fc THE GAZETTE OF INDIA, MAY 26. 2001 (JYAISTHA 5. 1023; [PARI —IV ! with respect to the risks and potential rewards of combination transactions under various market circumstances.
Commission and other charges
Before you begin to trade, you should obtain a clear explanation of all commission, fees and other charges for which you will be liable. These charges will affect your net profit (if any) or increase your loss
i "
i Trading facilities
The Exchange offers electronic trading facilities vhich are computer-based systems for order- routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption or failure. Your ability to recover certain losses may be subject to limits on liability imposed by the system provider, the market, the clearing house and/or member firms. Such limits may vary; you should ask the firm with which you deal for details in this respect.
This document does not disclose all of the risks and other significant aspects involved in trading on a derivatives market. The constituent should therefore study derivatives trading carefully before becoming involved in it.
j I hereby acknowledge mat I have received and understood this risk disclosure statement.
|
i Customer Signature (If Partner, Corporate, or other Signatory, then attest with company seal.) ZDDDDDQD
, r ~i> M M Y V ¥ Y I-.,., - 17 | THO GAZF.TTH OF INDIA. MAY 2b, 2001 (JYAISTHA 5. 1^3) 177 NATIONAL SECURITIES CLEARING CORPORATION LIMITED The provisions contained in NSCC (Futures & Options) Regulaiions are amended lo the extent gn'en hereunder-
(l) The definitions of the following terms are incorporated in the definitions chapter at appropriate places
1 American style option contract
American Style option contract means an option contract which may be exercised on any day, on or before the expiration day.
2. Assignment
Assignment means allocation of an option contract which is exercised, to a short position in the same option contract, at the same strike price, for fulfillment of the obligation, in accordance with the procedure specified by the Relevant Authority, from time to time.
3. At the money or Near the money strike price
At the money or Near the money7 strike price is the strike price of the option contract at or within such range of the underlying as may be specified by the Relevant Authority from time to time.
4. Capped Style option contract
Capped Style option contract means an option contract which shall be exercised ipso facto on or before expiration time upon the value of the underlying reaching the cap price for the option at any time as the Relevant Authority may specify from time to time for various option contracts.
5. Contract Value
Contract Value is the value arrived at by multiplying the strike price of the option contract with the regular /market lot size.
6. Exercise
Exercise means the invocation of right, in accordance with and subject to Rules, Byelaws and Regulations of Clearing Corporation, by the holder of the option.
7. Exercise or Strike Price
Exercise Price or Strike Price is the price per unit of trading, at which the option holder has the right either to buy or sell the underlying, upon exercise of the option.
178 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) [PART —IV 8. Exercise Style
Exercise Style of an option refers to the price at which and/or time as to when the option is exercisable by the holder. It may either be an American style option or an European style option or capped style option or such other exercise style of option as the Relevant Authority may prescribe from time to time.
9. Expiration time
Expiration time is the close of business hours on the expiration day of the option contract or such other time as may be specified by the Relevant Authority from time to time.
10. European style option contract
European Style option contract means an option contract, which may be exercised only on the expiration day, on or before the expiration time, or such other day and/ or time as may be specified by the Relevant Authority from time to time.
11. Futures style premium settlement
Futures Style premium settlement means premium settlement of option contracts based on settlement system as specified by the relevant authority for futures contracts and would include initial margins and mark to market settlement on long and short option positions, in accordance with the Regulations specified by the Relevant Authority from time to time.
12. In the money strike price
In the money strike price, in case of Put Option, is the strike price of the option contract which is above 'At the money or Near the money' strike price,
In the money strike price, in case of Call Option, is the strike price of the option contract which is below 'At the money or Near the money' strike price.
13. Option Class
Option contracts of the same type and style that cover the same underlying constitute an option class.
14. Option Holder
Option holder is a person who has bought an option contract PART —IV] THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, L923L. 179 15. Option Seller
Option seller is a person who has sold an option contract.
16. Options contract
Option Contract is a type of Derivatives Contract which gives the buyer/holder of the contract the right (but not the obligation) to buy and/ or sell the underlying security at a predetermined price within or at the end of a specified period. The option contract, which gives a right to buy, is called a Call Option and the option contract that gives a right to sell is called a Put Option.
17. Out of the money strike price
Out of the money strike price, in case of Put Option, is the strike price of the option contract which is below 'At the money or Near the money' strike price.
Out of the money strike price, in case of Call Option, is the strike price of the option contract which is above 'At the money or Near the money' strike price.
IS. Premium
Premium is the price which the buyer of the option pays to the seller of the option for the rights conveyed by the option contract.
19. Premium style premium settlement
Premium Style Premium Settlement means payment of full option premium by the buyer/ holder of an option contract to the seller of the option contract, on purchase of such option contract by the buyer/ holder.
20. Series of Options
Series of Options means all options of the same class having the same exercise price and expiration day.
21. Specified period
Specified period for an option contract is the time period between the start day and the expiration time,
22. Settlement Amount
Settlement amount shall include premium settlement amount and/ or exercise settlement amount and /or such other amount as may be specified by the Relevant Authority from time to time.
180 THE GAZETTE OF INDIA. MAY 26, 2001 (JYAISTHA 5, 1923) [PART—IV 23. Settlement Price
Settlement price, in respect of Exercise Settlement, is the closing price of the underlying on the day of exercise or such other price as may be decided by the relevant authority from time to time.
24. Type of option
Type of option means the classification of an option as either a put or a wA
25. Underlying
Underlying is one with reference to which derivative contracts are permitted to be traded by the Specified Exchange from time to time.
(II) The following chapter is inserted, after Chapter 5, as Chapter 5A
QUOTE
5A SETTLEMENT OF INDEX OPTION CONTRACTS
5A.1 Daily Premium Settlement for Index Option contracts
F&O Clearing Members with a long position in Index Option contracts are obliged to effect pay-in to Clearing Corporation of the premium value at which the index option contracts were purchased, towards settlement and F&O Clearing members with a short position in Index Option contracts are entitled to receive the premium value at which the Index option contracts were sold, towards settlement, from Clearing Corporation.
a) Mode of premium settlement: The daily premium settlement obligation shall be paid in cash or such other form as may be specified by the relevant authority.
b) Style of premium settlement: The style of premium settlement may be premium style or futures style or such other style as may be specified by the relevant authority from time to time. Clearing Corporation shall specify the style of premium settlement for all index option contracts that are cleared and settled. Clearing Corporation shall from time to time, specify the procedure for premium settlement for one or more styles of premium settlement.
c) Method of premium settlement: Clearing Corporation shall arrive at Iht premium settlement amount payable or receivable by the respective clear;ng members at the end of each trading day or such other time, as ma) bt specified by the relevant authority from time to time, for all index option contracts cleared and settled, in accordance with the style of premium settlement, and communicate the same to the Clearing Members. Accordingly, P A R T —I V] T HE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1423)
I XI such Clearing Members shall pay or receive such premium settlement amount towards settlement to or from Clearing Corporation.
d) Time of premium settlement: The relevant authority shall specify from time to time the day and time when Premium settlement shall take place
5A.2 Exercise
(a) Type of Exercise
Type of exercise for an index option contract may be Voluntary or Automatic or such other type as may be specified by the relevant authority from time to time.
1. Voluntary Exercise
Voluntary exercise is when a Clearing Member exercises an in-the-money index option contract, at his volition, subject to the Rules/ By-laws and Regulations :>f Clearing Corporation.
2. Automatic Exercise
Automatic exercise is when all in-the-money index option contracts are automatically deemed to be irrevocably exercised, on the Expiration date, subject to the Rules/ By-laws and Regulations of Clearing Corporation.
Notwithstanding the foregoing, if a Clearing Member desires not to exercise an in-the-money index option contract, it shall be the responsibility of such Clearing Member to give appropriate instructions in accordance with Regulation 5A.2(c) 3.
Further, if a Clearing Member desires to exercise an at-the-money index option contract or an out-of-the-money index option contract, it shall be the responsibility of such Clearing Member to give appropriate instructions in accordance with Regulation 5 A.2.(c) 1.
(b) Exercise Mechanisms.
Exercise mechanism may be Interim or Final or such other mechanism as may be specified by the relevant authority from time to time.
1. Interim Exercise
Interim Exercise is only in case of American style index option contracts The Exercise type may be voluntary.
JJ—8OQV2(KJ|
182 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) [PARI —IV 2. Final Exercise
Final Exercise is in case of both American Style index option contract and European style index option contract. The Exercise type may be voluntary or automatic.
(c) Exercise procedure
The procedure for exercise of an index option contract by a Clearing Member shall be as specified hereinafter or such other procedure as specified by the relevant authority from time to time:
1. Notice of exercise to Clearing Corporation
The relevant authority may specify from time to time the provisions regarding exercise of index option contracts including:
(a) type of members who may exercise (b) facility/ system for tendering notice of exercise (c) day/ s when exercise notice may be submitted (d) minimum lot size of index option contracts which may be
exercised
(e) time period within which exercise notice may be submitted (f) maximum number of index option contracts which may be
exercised on a day or within a period
(g) such other conditions as it deems fit
Notice for exercise shall be deemed to be on the long in-the-money positions in an index option contract at the close of the trading hours on the day the notice of exercise has been tendered, or such other day/ time as may be specified by the relevant authority from time to time.
No Member shall revoke or modify any exercise notice so submitted except as provided under the Rules, By-laws and Regulations of Clearing Corporation.
2. Acceptance of Exercise notice by Clearing Corporation
An exercise notice which has been tendered in accordance with the provisions as detailed in 5A.2.1 may be considered for acceptance by the relevant authority.
Such exercise notices shall be declared as valid or invalid by the relevant authority only after processing, at the close of trading hours on the day on which the exercise notice has been tendered, or on such other day or time, as may be PART—IV] THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) 183 specified by the relevant authority from time to time All invalid exercise notices shall stand rejected by the relevant authority.
Notwithstanding the foregoing, the relevant authority may reject an exercise notice where:
(i) if the Clearing member who has tendered a notice for exercise has no open positions in that contract, at the time when such notice is processed by the relevant authority.
(ii) any other reason
3. Revocation of an exercise notice by a member
Unless permitted otherwise, all valid exercise notices shall be irrevocable
Notwithstanding the foregoing, the relevant authority may specify from time to time the terms and conditions subject to which the exercise notice may be revoked by a Clearing member.
4. Restrictions on Exercise
The relevant authority shall be empowered to impose such restrictions on exercises in any index option contract as it may deem necessary in the interest of maintaining a fair and orderly market in the index option contract or in the underlying securities or otherwise deems advisable in the public interest or for the protection of investors. Any exercise in contravention of such restriction is not valid.
5A.3 Assignment
(a) Assignment methods
Assignment methods may be Proportionate or Random or such other method as may be specified by the relevant authority from time to time.
1. Proportional Assignment
Proportional Assignment takes place when an index option contract which has been exercised is allocated proportionately to short positions in the index option contract with, the same series, in accordance with the procedure specified by the relevant authority from time to time.
2. Random Assignment
Random Assignment takes place when an index option contract which has been exercised, is allocated randomly to one or more than one short position, in the 184 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) [PART—IV index option contract with the same series, in accordance with the procedure specified by the relevant authority from time to time.
(b) Assignment procedure
Exercise notices accepted by Clearing Corporation shall be assigned in accordance with the Assignment method, as may be specified by the relevant authority from time to time, to open short positions in the index option contracts, with the same series, for fulfillment of obligations. The assigned Clearing Members shall be liable to pay the exercise settlement amount to Clearing Corporation. Clearing Corporation shall in turn pass on such amount to the Clearing Member who has exercised the index option contract subject to the Rules, Bye-laws and Regulations of Clearing Corporation.
(c) Allocation of Assignment by Clearing Members
The relevant authority may specify from time to time the procedure for allocation of assigned short positions in the index option contract by the Clearing Members, to their clients/ Trading Members/ clients of Trading members.
5A.4 Exercise Settlement
An index option contract which has been exercised and assigned by the relevant authority shall be settled in accordance with the procedure provided hereinafter or such other procedure as may be specified by the relevant authority from time to time.
a) Mode of settlement: Settlement obligation shall be paid in cash or such other form as may be specified by the relevant authority.
b) Method of settlement: (1) An index option contract which has been exercised, and the open short position to which such exercised index option contract has been assigned, shall be deemed to be closed out at the settlement price on the day of exercise.
(2) The Clearing Member who has been assigned the index option contract shall be liable to pay to Clearing Corporation any loss represented by the difference between the strike price of the index option contract and the settlement price for each unit of the index option contract (which has been assigned) which shall, in turn be passed on by Clearing Corporation to the Clearing Member who has exercised the index option contract subject to the Rules, Byelaws and Regulations of Clearing Corporation.
(3) The Clearing Member who has exercised the index option contract shall be entitled to receive from the Clearing Corporation any profit represented by the difference between the strike price of the index option contract and the settlement price for each unit of the index option contract (which has been exercised) which shall be collected by the Clearing Corporation from the Clearing Member who has pAR1 __iv] THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) 185 been assigned the index option contract subject to the Rules, Byelaws and Regulations of Clearing Corporation,
(4) Such loss or profit shall be referred to as 'Exercise Settlement Value'.
c) Time of settlement: The relevant authority shall specify from time to time the day
and time when settlement shall take place.
5A.5 Clearing Forms
All Clearing Forms shall be as specified in the relative regulation or in such other form or
forms as the relevant authority may from time to time prescribe in addition thereto or in
modification or substitution thereof.
5A.6 Settlement Obligations Statement!
Clearing Corporation shall facilitate download of relevant data to F&O Clearing
Members and Trading Members to enable them to generate Premium Settlement, Other
Settlement Obligations Statements pertaining to transaction* in different kinds of Index
option contract*.
5A.7 Mode of Payment
F&O Clearing Members shall, on the designated pay-in day, have clear balance of funds
in their clearing account to the extent of their funds obligation. Provided however the
relevant authority may specify different mode of payment of funds for all or any of the
F&O Clearing Members.
5A.8 Receipt of Fundi
The Clearing Bank shall credit the clearing accounts of the F&O Clearing Members who
are due to receive funds as per the instructions of Clearing Corporation. All funds due to
a F&O Clearing Member shall normally be credited to his account unless (a) the F&O
Clearing Member does not perform his obligations to Clearing Corporation or (b) it is
otherwise ordered so by the relevant authority;
Provided however the relevant authority may specify different mode of funds credit for
all or any of the F&O Clearing Members.
UNQUOTE
For National Securities Clearing Corporation Limited
R. Jayakumar
Asst. Company Secretary
186 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) [PART—IV Amendment in the Bye-laws and Regulations of Delhi Stock Exchange Ltd. which is duly approved by Securities & Ex- change Board of India vide Its letter No. SMD/SA&ID/24105/ 2001 dt. 27 February, 2001
350. A member shall be deemed to be guilty of unpro- fessional conduct for any of the following or similar acts or omissions namely;
(xl) Advertisement - if he advertises for business purposes or issues regularly circulars or other business communica- tions to persons other than his own constituents, members of the Exchange, Banks and Joint Stock Companies or pub- lishes pamphlets, circulars or any other literature or report or information relating to the Stock Markets in the public prints with his name attached unless such advertisements, circulars, other business communications, pamphlets, or any other literature or report or Information relating to the stock markets and the material contained therein are In accordance with the Regulations or such other guidelines as the Board of Directors may from time to time Issue in addition thereto or in modification or substitution thereof and copies thereof are submitted to the Stock Exchange seven days before their issue.
THE DELHI STOCK EXCHANGE ASSOCIATION Lf& Regd. Office: DSE House, 3/1, Asaf All Road, New Delhi-110 00i!
authorised person. The authorised person will be specifically responsible when two or more brokers jointly advertise for brokerage business.
17.4 a) The members should ensure that any Infor- mation given in the advertisement, brochure etc. must be correct and accurate and contain matters of objectively ascertalnable facts which should be capable of substantiation.
b) It should not have any adverse reference di- rect or Indirect regarding the reputation of other members of the Stock Exchange and also the Stock Exchange.
c) The advertisement, brochure etc. should not contain anything which Is otherwise prohib- ited for publication under the relevant Act, un- warranted, misleading Information or make any promises. It will contain written words and shall not be assisted by any other visual such as pamphlets and drawing.
17.5 The advertisement, brochure, etc. should not include publicity for any party other than the member him- self and it should not contain any reference to any REGULATION-17
person, firm or institution except as provided for in Guidelines for Advertisements by members 17.1 The content of the advertisements, brochures etc. should be related only to the nature of services that stockbroker can offer in respect of sales and pur- chase of shares and securities only. The advertise- ment, brochure etc. should not contain recommen- dations regarding purchase or sale of any particular share or security of any company and or any recom- mendation regarding any company.
17.2 The advertisement, brochure, etc. can be published by a member-broker individually or jointly with other member-broker(s) so as to enable small brokers to pool their resources for publicity.
17.3 The advertisement, brochure etc. should mention the name/title as recorded for the membership of the Stock Exchange along with the code number allot- ted by the Securities and Exchange Board of India.
It can also Include the names of the sub-brokers af- filiated with the broker and registered with the Secu- rities and Exchange Board of India. The broker should also designate and authorise and name the author- ised person in the publication to ensure the correct- ness of the Information given in the advertisement, brochure etc. and prior approval of the Stock Ex- change should have been obtained in respect of such Regulations 17.2 and 17.3.
17.6 The member-broker should not allow his/her or his/ her firm's name to be advertised by others or allow his/her firm's name to be published In the advertise- ment of others, except as provided for in Regula- tions 17.2 and 17.3.
17.7 The member broker should submit a copy of the ad- vertisement, brochure etc. to the Stock Exchange authorities and Securities and Exchange Board of India as soon as it is published. The Exchange au- thorities will have the cease and desist powers in this behalf.
17.8 If a member-broker violates any of the above Regu- lations for the advertisement, brochure, etc. he/she is liable to be penalised for the same by the Stock Exchange authorities and/or SEBI
17.9 If the Stock Exchange authorities levy any penalty or take any disciplinary action against the member- broker, e.g. by way of suspension or declaring him/ her as defaulter etc., it should be immediately made public by the Stock Exchange authorities, and the concerned member-broker should not advertise dur- ing the period of suspension.
pART _ I V] THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) 187
next 4 settlements is less than 20% of BMC, the exposure limits shall be restored.
Amendment in the bye-laws of the Delhi Stock Exchange Association Ltd. relating to Trade Guarantee Fund Bye Laws which is duly approved by Securities & Exchange Board of India vide its letter No. SMD/SA&ID/27312/2001 dt. 20 April, 2001.
Wherever the words "Trade Guarantee Fund" appear in the Bye-laws of the Stock Exchange the same shall be substituted by the words "Settlement Guarantee Fund"
366A : To be Inserted after Bye-law 366
(c) The exposure limit may be restored ir a member provides a cash deposit equivalent to his cumulative funds shortages as the "funds shortage collateral" in his clearing account. Such deposit shall be kept with the Exchange for a period of 4 settlements and will be released only if no further funds shortages are reported for the member In next 4 consecutive settlements.
Utilisation For Failure To Meet Obligation
(d) There shall be no exposure benefit nor any Interest payment on this amount so depos- ited as "funds shortage collateral".
(e) The "fund shortage collateral" may be de- posited by the members by way of cash, FDR or Bank Guarantee.
3. The outstanding amount will carry a penal Interest
of not less than 0.09% per day.
366A Not withstanding anything contained in Bye-law 366 and other applicable Bye laws, the Board of Directors or the President and Executive Director or In their absence two members of the Board may utilise the Settlement Guarantee Fund and other moneys to the extent necessary to fulfill the obligations of the member who fails to meet his obligations (non fulfillment or partial fulfillment of the funds / securities obligations in a settlement) to the Clearing House of the Exchange arising out of Clearing and settlement operations of such deals as provided in the bye laws and Regulations, before declaring such member a defaulter subject to the following and other terms and conditions as the relevant authority may specify from time to time.
4. In case the concerned member fails to deposit the amount utilised by the Exchange from the fund towards meeting his clearing and settlement obli- gation (non fulfillment or partial fulfillment of funds / securities obligations in a settlement) within a period of 30 days from the date of pay out of that settlement, he will be declared a defaulter.
1. The trading facility of the member shall be with- drawn and the securities pay-out due to the member shall be withheld
5. The provisions of this Bye-law are in addition to and not In derogation of the powers of the Board, President and Executive Director under the Bye- laws Nos. 308, 308A, 381 and 382 and other Bye- laws as applicable.
(a) in case where amount of shortage is in excess of the prescribed Base Minimum Capital (BMC)
385A to be Inserted after Bye-law 385
Outstanding contracts Mother settlements (b) in case where the amount of shortage Is more than 20% of BMC but is less than the amount of the BMC, on six occasions within a period of 3 months.
2. (a) The member shall be permitted to trade with a reduced gross exposure as mentioned in the table below only on recover of the complete shortages.
Cumulative Funds Shortage
Exposure Limit allowed (%of Current exposure Limit)
385A in respect of any sertlement/s which is incomplete at the time when the payment on behalf of a member is made from SGF to meet his obligations (non fulfillment or partial fulfillment of the funds / securities obligations In a settlement) to the Clearing House, the Executive Director may at the risk and cost of such member, square up all or any of the member's outstanding sales and purchase positions by entering Into corresponding purchase and sale contracts in the market. The profit or loss on such squaring up shall In the first place be paid to or by the fund and credited or debited by the fund to the concerned members account with the fund.
80%
tor The Delhi Stock Exchanae/Association Ltd.
60%
20% Of BMC - 50% Of BMC 50% of BMC - 100% of BMC
(b) This reduced Gross Exposure Level shall be maintained for a period of 4 settlements. In case the cumulative funds shortage for the
Rajesh Kapur Company Secretary 188 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) [PART —IV Changes made in the Articles of Association of the Exchange at the 77th Annual General Meeting held on 26th September,2000 of the Calcutta Stock Exchange Association Limited
a) A new Article 5(8) be added after the existing Article 5(7):
5(8) (i) When a Company constituted by more than one member of the Exchange is admitted as a corporate member of the Exchange in place of such member or a corporate member of the Exchange acquires more than one share in accordance with and subject to fulfillment of all other applicable Bye-laws and Regulations of the Exchange including provisions relating to admission of new members, such a corporate member will be known as a Composite Corporate Member and the membership right(s) held by the Composite Corporate Member will be known as Component Membership/s.
(ii) A Composite Corporate Member shall fulfill all eligibility criteria for admission to membership and for contribution of membership as is applicable to corporate members of the Exchange and also such other criteria as the Exchange or Securities and Exchange Board of India may prescribe from time to time.
(iii) A Composite Corporate Member shall not hold more than such number of shares as may be decided by the Committee of the Exchange from time to time.
(iv) The Composite Members shall pay the entrance fee, admission fee, annual subscription and fees payable to SEBI and furnish membership security in respect of each component membership.
(v) The Composite Corporate Member shall maintain the base minimum capital in respect of each Component Membership, in accordance with and subject to the other provisions of the Bye-laws and Regulations and such conditions as the Committee of the Exchange may from time to time stipulate,
(vi) The nctworth of the Composite Corporate Member shall be computed in the manner prescribed by the Securities and Exchange Board of India and the Committee of the Exchange and no value shall be assigned to the Component Membership for computing the networth of the Composite Corporate Member,
(vii) The Composite Corporate Member shaH have only one trading right and only one representative member on the Committee or any Standing Sub-Committee of the Exchange for all the Component Membership/s of the Composite Corporate Member in accordance with the Bye-Laws and Regulations of the Exchange.
P A R T— TV] THIi GAZETTE OF INDIA, MAY 2b, 2001 (IYAISTHA 5, W l) ' iX-j (viii) A Composite Corporate Member shall be entitled to have ai> many voting rights as the number of Component Memberships of the Composite Corporate Member at the meeting of the members uf i\- Exchange
(ix) A Composite Corporate Member may resign from the membership right associated with any of its Component Membership only after a period of two years from the date of the acquisition of thai Component Membership by the Composite Corporate Member. All the liabilities, if any, relating to the Component Membership in respect of which the Composite Corporate Member has resigned will continue to b< borne by Composite Corporate Member.
(x) If a Composite Corporate Member desires to resign from its Component Membership/s, the Composite Corporate Member may, in accordance with and subject to the other provisions of Bye-laws and Regulations and such conditions as the Committee of the Exchange may from time to time stipulate, nominate a person/s eligible under these rules as a candidate for admission to the inembership/s of the Fxchar.ge from which the composite Corporate Member is resigning and the Composite Corporate Member may continue in respect of the remaining Component Membership/s, if any,
(xi) The Composite Corporate Member shall maintain only one set of books of account for all the Component Memberships
(xii) Any action by the Securities and Exchange Board of India, the Exchange or any Committee of the Exchange or official of the Exchange against the Composite Corporate Member whether by way of censure, warning, fine, suspension, expulsion, default or withdrawal, suspension or limitation of membership rights or otherwise shall operate against all the Component Memberships of the Composite Corporate Member.
Clarification : Without prejudice to the generality of clause (xii) it is clarified that on declaration of default or expulsion of a Composite Corporate Member for any reason whatsoever, the Composite Corporate Member shall cease to be a member of the Exchange in respect of all its Component Memberships, and all the Component Memberships and rights of nomination in respect of all such memberships shall vest in the Exchange or the Governing Board in accordance with the provisions of these Rules, Bye-laws and Regulations.
(xiii) If a Composite Corporate Member is disentitled to or disqualified from continuing as a member of the Exchange for any reason, the Composite Corporate Member shall cease to be a member of the Exchange in respect of all the Component Memberships, and all the Component Memberships and rights of nomination in respect of all such memberships shall vest in the Exchange or the Governing Board in accordance with the provisions of tre "< Rules, Bye-laws and Regulations.
12—xnni/?mi 190 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923)
[PART —IV (xiv) A Composite Corporate Member shall also be entitled to all other rights or privileges and shall be liable to pay any amount to the Exchange or discharge liability or obligation to the Exchange as now applicable/available to an ordinary member notwithstanding non-stipulation of the same in the Bye-laws and Regulations of the Exchange, subject however that such rights, privileges, obligations and liabilities to a Composite Corporate Member shall be in proportion to its Component Memberships.
(b) The existing Articles 25A(e) and 25A(ee) be deleted and the existing Article 25A(f),25A(g) & 25A(h) be renumbered as 25A(e), 25A(f) and 25A(g) respectively.
(c) The existing Article 45 be deleted and in place the following be substituted as Article 45:
45. 'The Committee shall not register any transfer of shares to any person other than a member or a candidate for membership who has been duly elected as eligible for membership under the provision of Article 5 hereof and has paid the full amount of any entrance fee/charges and/or such other sum as may be prescribed by the Committee from time to time and the Committee may refuse to register any transfer of shares to an existing member or may impose such conditions in respect of any such transfer as they may see fit."
(d) In the first para of Article 100 (13) the following sentence "and/or in first debentures or cumulative redeemable preference shares of Joint Stock Companies" be substituted with the following sentence :
"And/or in any other form or mode of investment or deposit as may be prescribed under the Income Tax Act, 1961, and/or Indian Trust Amendment Act, 1908 and 1916 and/or in gilt edged funds and/or "
(e) The existing Article 101(T)(a)(ii) and 101(l)(a)(iii)be deleted and in place the following be substituted as Article 101( lXa)(ii):
101(1 )(a)(ii) the Arbitration Sub-Committee shall consist of such members not having less than three and not having more than five as the Committee may from time to time determine, in addition to the President or in his absence the Vice-President and the Executive Director who are ex- officio members thereof by virtue of the provisions of the Articles. The Arbitration Sub-Committee may in its sole discretion appoint a Sole Arbitrator or three or more Arbitrators constituting the Arbitral Tribunal provided however that the number of Arbitrators constituting the Arbitral Tribunal shall always not be an even number, K PARr—IV] THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923) 191 At the meeting of the Committee of the Calcutta Stock Exchange Association Limited on 3rd November,2000 Bye-laws No.321 of Chapter XVIII regarding application of assets is substituted by the following Bye-law :
^ * '/ The Committee shall direct that the net assets remaining in its hands after defraying all such costs charges and expenses as are allowable under these provisions be applied in satisfying first the claims of the Exchange and the Clearing House and SEBI dues if any, and then rateably such admitted claims of members against the defaulter arising out of contracts entered into in the market in accordance with the provisions of the articles, bye-laws and regulations of the Exchange .
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J ' f - l ti G A Z E ' l T IE OF I N D I A, M AY 2 6, 2 0 0! ( J Y A I S T HA \ 1 9 2 3)
[ P A KI — IV
Notice in pursuance of section 485 (1) of The Companies Act, 1956
At an Lxtra-ordinary General Meeting of M/s. Pastor Securities Ltd. duly convened and held at the Registered Office 10 Nehru Bazar, Punchkuian Road, NewDdhi-U0055 on the 23rd day of April, 2001 at 11:00 A.M., the following special resolutions passed :
(1) Resolved unanimously that the Declaration of solvency made as on 25-03-2001 under section 488 of the Companies Act, 1956 by the Board of Directors of M/s. Pastor Securities Ltd. be and is hereby confirmed/approved.
(2) Resolved unanimously that the Company M/s. Pastor Securities Ltd. be and is hereby wound up as Member's Voluntary winding-up as per the provisions of the Companies /Vet, 1956.
(3) Resolved unanimously that Sh. Pritam Dev Singla S/o Late Jagdish Rai, resident of V- 13, Green Park Main, New Delhi be and is hereby appointed Liquidator, honorary and he will charge only the actual liquidation expenses,
(DCEpak Singla) Director
Date : 24/04/2001 Place: New Delhi
M/s. Pastor Securities Ltd.
PART— IVJ THE GAZETTE OF INDIA, MAY 2b, 200! (JYAISTHA 5, 1923)
l<->3
FORM NO. 151
[Sec Rule 315]
Member's Voluntary Winding-up
Notice of appointment of liquidator pursuant to section 516
Name of Company
: Pastor Securities Ltd.
Nature of business
: To deal in Securities/Shares/Debentures
Address of Registered Office : 10, Nehru Bazar, Punchkuian Road,
New Delhi-110055.
Name and address of Liquidator(s) : Mr. Pritam Dev Singla S/o Late Jagdish Rai
V-13, Green Park Main,
New Delhi.
Date of appointment : 23rd April, 2001.
By whom appointed : Members of the Company.
( Pritam Dev Singla)
Liquidator 194 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923)
[PAHI —IV Notice in pursuance of section 485 (1) of The Companies A&ttT 1956 At an Extra-ordinary General Meeting of M/s. Chetak Transport Private Ltd. duly convened and held at the Registered Office 5-Transport Centre, Punjabi Bagh, NewDelhi-110035 on the 23rd day of April, 2001 at 11:00 A.M., the following special resolutions passed :
(1) Resolved unanimously that the Declaration of solvency made as on 23-03-2001 under section 488 of the Companies Act, 1956 by the Board of Directors of M/s. Chetak Transport Private Ltd. be and is hereby confirmed/approved.
(2) Resolved unanimously that the Company M/s. Chetak Transport Private Ltd. be and is hereby wound up as Member's Voluntary winding-up as per the provisions of the Companies Act, 1956.
(3) Resolved unanimously that Sh. Jai Karan Sharma S/o Sh. Jagdish Prasad Sharma, resident of A-1/102, Paschim Vihar, New Delhi-35 be and is hereby appointed Liquidator, honorary and he will charge only the actual liquidation expenses.
(Smt. Krishna-Sharma)
Director
Date : 24/04/2001 Place: New Delhi
M/s. Chetak Transport Pvt. Ltd.
pA R T_ I V] THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1421) 1^5
FORM NO. 151
[See Rule 315]
Member's Voluntary Winding-up
Notice of appointment of liquidator pursuant to section 516
Name of Company
: Chetak Transport Private Ltd.
Nature of business
: Transport/Tour & Travel
Address of Registered Office : 5-Transport Centre, Punjabi Bagh,
New Delhi-110035.
Name and address of Liquidator(s) : Mr. Jai Karan Sharma S/o Sh. Jagdish Prasad
Sharma, A-1/102, Paschim Vihar,
New Delhi-110035.
Date of appointment : 23rd April, 2001.
By whom appointed : Members of the Company.
(Jai Karan Sharma) Liquidator 196 THE GAZETTE OF INDIA, MAY 26, 2001 (JYAISTHA 5, 1923)
|P\RI - IV MATTER TO BE PUBLISHED IN OFFICIAL GAZETTE OF END1A
FORM NO. 1 55 (See Rule 329) Members' Voluntary winding-up Pheros & Company Pvt. Ltd. Notice concerning final meeting
Noiict.' is hereby given in pursuance of Section 497 that a general meeting ol'tbe members of the above named company will be held at 410, New Delhi House, 27-Barakhamba Road, New Delhi-) KJUul on the 20th day of June 2001 at 10.00 a.m. for the purpose of having an account laid before them showing the manner in which the winding-up has been conducted and the property of the company disposed of and of hearing any explanation that may be given by the liquidator and also of determining by a special resolution of the company the manner in which the books, accounts and documents of the company and of the liquidator shall be disposed of.
Anil Kumar h'hanna
0S.0S.2001 Liquidator
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