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Government of Kerala

2017

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KERALA GAZETTE

B[nImcnIambn {]kn≤s∏SpØp∂Xv

PUBLISHED BY AUTHORITY

Regn. No. KERBIL/2012/45073

dated 5-9-2012 with RNI

Reg. No. KL/TV(N)/634/2015-17

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Thiruvananthapuram,

Tuesday

hmeyw 6

Vol. VI

2017 s^{_p-hcn 7

7th February 2017

1192 aIcw 25

25th Makaram 1192

1938 amLw18

18th Magha 1938

6

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No. }

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PART IV

Private Advertisements and Miscellaneous

Notifications

INDIA PEPPER AND SPICE TRADE

ASSOCIATION, KOCHI

NOTIFICATION

The Securities and Exchange. Board of India (SEBI),

in exercise of its powers under section 9 of the Securities

Contract (Regulation) Act, 1956 has vide its letter

No. SEBI/HO/CDMRD/DEA/OW/P/2016/26956 dated

September 26th 2016 approved the amendments made in

Byelaws of India Pepper and Spice Trade Association,

Kochi.

Following are the amendments made in the existing

Bye-Laws (hereinafter referred to as Original Byelaws)

of India Pepper and Spice Trade Association, Kochi.

1.

In clause 1, sub clause (i) the words “Exchange/

IPSTA” has been inserted after the word Association.

2.

In clause 1 sub clause (iv), following clause l (iv)

(a) has been inserted: “Public Interest Directors means

an independent director representing the

interest of

the investors in the market and who is not having any

association, directly or indirectly, which in the opinion of

the SEBI is in conflict

with his role”.

3.

In clause 1 sub clause (vi), following clause

1 (vi) (a) has been inserted:

“key management personnel” means a person as defined

under the section 2(1) (i) of the SECC Regulations 2012”.

4.

In clause 1, sub clause (vi), following clause 1(vi)

(b)has

been

inserted:

“Regulatory

Department

means a department of the Exchange entrusted with regulatory

powers and duties and includes such departments as may be

specifted by SEBI”.

5.

In clause 1, sub clause (x) the following has been

inserted:

“Members shall mean the Members of the

Association who have been duly elected or nominated by

the Board and shall include Ordinary Members, Trading

Members, Trading and Clearing Members, and Professional

Clearing Member; Member shall in general mean Ordinary

Member”.

6.

In clause 1 sub clause (x) the following

clause 1 (x) (a) has been inserted:

“Ordinary Member shall mean any member

having a voting right in the exchange, however

trading rights can be

exercised only after registering

with the SEBI”.

7.

In clause 1 sub clause (xi) the following has been

substituted:

“Trading Member means a member to execute

trades on his own account as well as on

a c c o u n t

of his clients but, clearing and settlement of trades

executed through the Trading Member would have to

be done through a Trading-cum Clearing Member or

Professional Clearing

Member of the Exchange”.

8.

In clause 1 sub clause (xii) the following has been

substituted:

“Clearing Member shall mean any Member who

has the right to clear transactions in contracts permitted

by the Securities Exchange Board of India (SEBI), and

shall be registered with the Securities Exchange Board of

India (SEBI)”.

9.

In original Byelaws, Clause 1 sub clause (xiii) has

been Deleted.

10.

ln clause 1 sub clause (xv), “for the words FMC

the words Securities Exchange Board of India (SEBI), has

been Substituted”.

11.

In clause 1 sub clause (xvi), “for the words

Forward contracts, the words Commodity Derivative

contracts has been substituted. Also for the words FMC

the words Securities Exchange Board of India (SEBI), has

been Substituted”.

12.

In clause 1 sub clause (xvii) “for the words

Domestic Division the words IPSTA Trade division has

been substituted also for the words Forward contracts,

the words Commodity Derivative contracts has been

substituted”.

13.

In original Byelaws, Clause 1 sub clause (xviii) has

been Deleted.

14.

In clause 1 sub clause (xix), the following has

been substituted:

“Clearing House means the company designated

and authorized by the Board, permitted by the Central

Government to operate the Designated Clearing House in

respect of Commodity Derivative in pepper and other

commodities transacted in the IPSTA Trade Division”.

15.

In clause 1 sub clause (xx), the following has been

substituted:

“Designated Clearing House means the

Designated Clearing House’s premises where and the

system by which the claims and liabilities of Clearing to

the Clearing House in respect of Commodity Derivative

contracts in pepper and other commodities transacted in

the IPSTA Trade Division are received registered,

adjusted and paid”.

16.

In clause 1 sub clause (xxii), “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

17.

In Clause 1 sub clause (xxiii), the following

has been substituted:

“Designated Clearing House Committee means the

Committee jointly appointed by the Board of the

Association and Designated Clearing House for the

management of the Designated Clearing House and for

giving decisions (subject to the right of appeal to the

Board of the Designated Clearing House) on disputes

relating or pertaining to the functioning of the Designated

Clearing House in respect of transactions in the IPSTA

Trade Division”.

18.

In Clause 1 sub clause (xxiv), the following has

been substituted:

“Settlement price means the price fixed by the

Boards of IPSTA and Designated Clearing House based

on price Quotations disseminated in accordance with

procedures of the Association for the purpose of payment

to and from Designated Clearing House, Clearing

Members, Ordinary Members and registered non-members

of differences or dues pertaining to outstanding

transactions in respect of the IPSTA Trade Division”.

19.

In clause 1 sub clause (xxvi), “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

20.

In clause 1 sub clause (xxvii), “for the words

IPSTA International Commodity Exchange Division the

words IPSTA Trade division has been substituted”.

21.

In clause 1 sub clause (xxviii), “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

22.

In original Byelaws, Clause 1 sub clause (xxix) has

been Deleted.

23.

In clause 1 sub clause (xxx), “for the words IPSTA

International Commodity Exchange Division the words

IPSTA Trade division has been substituted”.

24.

In clause 1 sub clause (xxxi), “for the words

Forward contracts, the words Commodity Derivative

contracts has been substituted. Also for the words FMC

the words Securities Exchange Board of India (SEBI), has

been Substituted”.

25.

In clause 1 sub clause (xxxii), “for the words

Forward contracts, the words Commodity Derivative

contracts has been substituted”.

26.

In clause 1 sub clause (xxxiii), “for the words

Forward contracts, the words Commodity Derivative

contracts has been substituted”.

27.

In clause 1 sub clause (xxxiv), “for the words

Forward contracts, the words Commodity Derivative

contracts has been substituted”.

28.

In clause 1 sub clause (xxxvi), “for the words

Forward Contracts Regulation Act, 1952, the words

Securities Contracts Regulation Act, 1956, has been

substituted”.

29.

In clause 1 sub clause (xxxvii) (a), “for the words

Forward Contracts Regulation Act, 1952, the words

Securities Contracts Regulation Act, 1956, has been

substituted”.

30.

In clause 1 sub clause (xxxvii) (b), the following

has been substituted:

“Transferable specific delivery contract” means a specific

delivery contract which is not a non-transferable specific

delivery contract and which is subject to such conditions

relating to its transferability as the Central Government

may by notification in the Official Gazette, specify in this

behalf”.

31.

In clause 1 sub clause (xxxviii), the following has

been substituted: “commodity derivative” means a contract

for the delivery of such goods, as may be notified by the

Central Government in the Official Gazette, and which is

not a ready delivery contract; or for differences, which

derives its value from prices or indices of prices of such

underlying goods or activities, services, rights, interests

and events, as may be notified by the Central

Government, in consultation with the Board, but does not

include securities as referred to in sub-clauses (A) and

(B) of clause (ac); of the Securities Contract Regulation

Act 1956.

32.

In clause 1 sub clause (xlvii), “for the words

Forward contracts, the words Commodity Derivative

contracts has been substituted”.

33.

In clause 1 sub clause (xlviii), “for the words

Forward contracts, the words Commodity Derivative

contracts has been substituted”.

34.

In clause 1 sub clause (liii), the following has been

substituted: “SEBI” means Securities Exchange Board of

India (SEBI).

35.

In clause 1 sub clause (liii), following clause 1

sub clause (liii) (a), and 1 sub clause (liii) (b), has been

inserted respectively:

Act

means

“Securities

Contract

Regulation

Act 1956”

“rules” means the Securities Contracts (Regulations) Rules,

1957.

36.

In clause 2 sub clause (i), the following has been

substituted:

“There shall be Four classes of members: Ordinary

Members, Trading Member, Trading cum Clearing member

and Professional Clearing Members”.

37.

In clause 2 sub clause (ii), following has been

substituted:

“Ordinary Members shall consist of individuals, firms,

joint stock companies, corporations and others engaged in

the trading of pepper and other commodities and be

qualified for membership under Article 4 and who have

paid the fees as prescribed in Article 5 Ordinary Members

in the IPSTA Trade Division of the Association shall be

further classified into four categories (1) Ordinary

Members, (2) Trading Members, (3) Trading-cum-Clearing

Members and (4) Professional Clearing Member. Trading

Members in the IPSTA Trade Division of the Association

shall be registered with the SEBI”.

38.

In original Byelaws, Clause 2 sub clause (iii) has

been Deleted.

39.

In clause 2 sub clause (iv), following clause 2

sub clause (iv) (a), 2 sub clause (iv) (b), and 2 sub

clause (iv) (c), has been inserted respectively.

“2 sub clause (iv) (a) Trading member category of

membership entitles a member to execute trades on his

own account as well as on account of his clients but,

clearing and settlement of trades executed through the

trading member would have to be done through a trading

cum clearing member or professional clearing member of

the exchange”. “2 sub clause (iv) (b) Trading cum clearing

member are entitled to trade on their own account as well

as on account of their clients, TCMs can also clear and

settle these trades themselves”.

“2 sub clause (iv) (c) Professional Clearing Membership

entitles the members only to clear and settle the trades

executed by their clients. Corporations, Companies or

Institutions or Subsidiaries of such Corporations,

Companies or Institutions set up for providing financial

services are eligible to apply for membership, subject to

the regulatory norms and provisions of Securities

Contract (Regulation) Act, 1956 and as provided in the

Rules, Regulations, Byelaws and Circulars of the

Exchange”.

40.

In clause 2 sub clause (v) “for the words

International Commodity Exchange Division the words

Trade division has been substituted. Also for the words

FMC the words Securities Exchange Board of India

(SEBI), has been Substituted”.

41.

In clause 3 sub clause (i), “wherever the words

Joint Hindu Family appears has been omitted”.

42.

In clause 3 sub clause (ii), “wherever the words

Joint Hindu Family appears has been omitted. Also for the

words FMC the words Securities Exchange Board of India

(SEBI), has been Substituted”.

43.

In clause 3 sub clause (iii), “for the words FMC

the words Securities Exchange Board of India (SEBI), has

been Substituted. Also for the words International

Commodity Exchange Division the words Trade division

has been substituted”.

44.

In clause 4 sub clause (i) The following has been

substituted,

“The entrance fee and the annual subscription

payable by Ordinary Members in the Division for the time

being shall be Rs. 15,000 and Rs. 1,500 respectively.

In addition, an Ordinary Member shall also pay a security

deposit of Rs. 500 for the time being which shall bear no

interest. The member shall not be entitled to withdraw the

security deposit so long as the continues to be an

Ordinary Member of the Association. The entrance fee

and the annual subscription payable by an Professional

Clearing Member for time being shall be Rs. 1,00,000 and

Rs. 10,000 respectively”.

45.

In original Byelaws, Clause 4 sub clause (ii) has

been Deleted.

46.

In clause 5, “wherever the words Joint

Hindu Family appears has been omitted. Also for the

words FMC the words Securities Exchange Board of

India (SEBI), has been Substituted”.

47.

In clause 8 “for the words forward and other

contracts, the words Commodity Derivative contracts has

been substituted”.

48.

In clause 8 sub clause A,” for the words Forward

contracts, the words Commodity Derivative contracts has

been substituted. Also for the words FMC the words

Securities Exchange Board of India (SEBI), has been

Substituted”.

49.

In clause 8 sub clause B “for the words Forward

and other contracts, the words Commodity Derivative

contracts has been substituted”.

50.

In clause 8 sub clause C “for the words Forward

and other contracts, the words Commodity Derivative

contracts has been substituted. Also for the words

International Commodity Exchange Division the words

Trade division has been substituted”.

51.

In clause 9 “for the words FMC the words

Securities Exchange Board of India (SEBI), has been

Substituted”.

52.

In clause 10 “for the words FMC the words

Securities Exchange Board of India (SEBI), has been

Substituted”.

53.

In clause 12 sub clause A “for the words FMC

the words Securities Exchange Board of India (SEBI), has

been Substituted. Also for the words Domestic Division

the words IPSTA Trade division has been substituted”.

54.

In clause 16 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

55.

In clause 20 sub clause (i) “for the words

International Commodity Exchange Division the words

Trade division has been substituted”.

56.

In clause 27 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

57.

In clause 27 sub clause B “for the words

International Commodity Exchange Division the words

Trade division has been substituted”.

58.

In clause 28 sub clause B, “for the words

Forward Contracts Regulation Act, 1952, the words

Securities Contracts Regulation Act, 1956, has been

substituted. Also for the words Forward and other

contracts, the words Commodity Derivative contracts has

been substituted”.

59.

In clause 29 “for the words FMC the words

Securities Exchange Board of India (SEBI), has been

Substituted”.

60.

In clause 30 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

61.

In clause 30 sub clause B, “for the word FOB the

word Quintal has been substituted”.

62.

In clause 30 sub clause F “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

63.

In clause 31 sub clause A(i) “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

64.

In clause 31 sub clause A(ii), “wherever the words

Ordinary Member appears, has been substituted by the

words Trading Member/Trading cum Clearing Member.

Also for the words Domestic Division the words IPSTA

Trade division has been substituted”.

65.

In clause 31 sub clause A(iii), “wherever the

words Ordinary Member appears, has been substituted by

the words Trading Member/Trading cum Clearing

Member”.

66.

In clause 31 sub clause A(ii), “wherever the words

Ordinary Member appears, has been substituted by the

words Trading Member/Trading cum Clearing Member.

Also for the words Domestic Division the words IPSTA

Trade division has been substituted”.

67.

In clause 32, following clause 32, 32 sub clause

A, and 32 sub clause B, has been inserted respectively

“32.The Exchange shall levy minimum ordinary margins

of 4% on the open outstanding positions. This rate can

vary from time to time depending on the directives

received from SEBI”.

“32 sub clause A. Margin computation at client

level: Exchanges shall levy ordinary margins at the level

of each individual client comprising his positions in

futures contracts across different maturities. For member

level margin computation, margins shall be grossed across

various clients. The proprietary positions of the member

should also be treated as that of a client for margin

computation”.

“32 sub clause B. Margin Collection and

Enforcement: All applicable margins shall be collected by

Exchanges before start of trading on the next trading day.

If the member’s collateral is insufficient to cover the

required margin and deposit requirements, member shall

not be allowed by Exchanges to further increase his open

positions”

68.

In clause 33 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted. Also for the words FMC the words

Securities Exchange Board of India (SEBI), has been

Substituted”.

69.

In clause 34 sub clause A “for the words FMC

the words Securities Exchange Board of India (SEBI), has

been Substituted”.

70.

In clause 34 sub clause B “for the words

International Commodity Exchange Division the words

Trade division has been substituted. Also for the words

FMC the words Securities Exchange Board of India

(SEBI), has been Substituted”.

71.

In clause 36 “for the words Forward and other

contracts, the words Commodity Derivative contracts has

been substituted”.

72.

In clause 37 “for the words Forward and other

contracts, the words Commodity Derivative contracts has

been substituted”.

73.

In clause 38 “for the words FMC the words

Securities Exchange Board of India (SEBI), has been

Substituted”.

74.

In clause 39 sub clause A “for the words Forward

and other contracts, the words Commodity Derivative

contracts has been substituted. Also for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

75.

In clause 40 sub clause A(i) “for the words

Forward and other contracts, the words Commodity

Derivative contracts has been substituted. Also for the

words FMC the words Securities Exchange Board of India

(SEBI), has been Substituted”.

76.

In clause 42 sub clause B “for the words

International Commodity Exchange Division the words

Trade division has been substituted”.

77.

In clause 43 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted.”

78.

In clause 44 sub clause A, “wherever the words

Ordinary Member appears, has been substituted by the

words Trading Member/Trading cum Clearing Member.

Also for the words Domestic Division the words IPSTA

Trade division has been substituted”.

79.

In clause 47 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

80.

In clause 50 sub clause A, “wherever the words

Ordinary Member appears, has been substituted by the

words Trading Member/Trading cum Clearing Member.

Also for the words Domestic Division the words IPSTA

Trade division has been substituted”.

81.

In clause 51 sub clause A, “wherever the words

Ordinary Member appears, has been substituted by the

words Trading Member/Trading cum Clearing Member.

Also for the words Domestic Division the words IPSTA

Trade division has been substituted”.

82.

In clause 52 sub clause A, “wherever the words

Ordinary Member appears, has been substituted by the

words Trading Member/Trading cum Clearing Member.

Also for the words Domestic Division the words IPSTA

Trade division has been substituted”.

83.

In clause 53 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

84.

In clause 53 sub clause B “for the words

International Commodity Exchange Division the words

Trade division has been substituted”.

85.

In clause 54 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

86.

In clause 55 sub clause (ii) “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

87.

In clause 56 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

88.

In clause 56 sub clause B “for the words

International Commodity Exchange Division the words

Trade division has been substituted. Also wherever the

words Ordinary Member appears, has been substituted by

the words Trading Member/Trading cum Clearing

Member”.

89.

In clause 58 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

90.

In clause 59 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

91.

ln clause 60 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

92.

1n clause 61 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

93.

In clause 62 sub clause (ii) “for the words FMC

the words Securities Exchange Board of India (SEBI), has

been substituted”.

94.

In clause 63 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted.”

95.

In original Byelaws, Clause 63 sub clause (B) has

been Deleted.

96.

In clause 67 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted.”

97.

In original Byelaws, Clause 67 sub clause (B) has

been Deleted.

98.

In clause 69 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted.”

99.

In original Byelaws, Clause 69 sub clause (B) has

been Deleted.

100.

In original Byelaws, Clause 70 has been Deleted.

101.

In clause 74 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted.”

102.

In original Byelaws, Clause 74 sub clause B has

been Deleted.

103.

In clause 77 sub clause A(iii) “for the words FMC

the words Securities Exchange Board of India (SEBI), has

been substituted.”

104.

In original Byelaws, Clause 77 sub clause B has

been Deleted.

105.

In clause 78 “for the words Domestic Division the

words IPSTA Trade division has been substituted”.

106.

In clause 80 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted.”

107.

In clause 80 sub clause B, “for the words IPSTA

International Commodity Exchange Division the words

IPSTA Trade division has been substituted”.

108.

In clause 81 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted”.

109.

In clause 81 sub clause B, “for the words IPSTA

International Commodity Exchange Division the words

IPSTA Trade division has been substituted.”

110.

In clause 83 sub clause A “for the words

Domestic Division the words IPSTA Trade division has

been substituted.”

111.

In original Byelaws, Clause 83 sub clause B has

been Deleted.

112.

In clause 87 “for the words FMC the words

Securities Exchange Board of India (SEBI), has been

substituted”.

113.

In clause 88 “for the words FMC the words

Securities Exchange Board of India (SEBI), has been

substituted”.

114.

In original Byelaws, Clause 95 sub clause B has

been Deleted.

115.

In clause 111 sub clause 7, “for the words IPSTA

International Commodity Exchange Division the words

IPSTA Trade division has been substituted”.

116.

In clause 114 “for the words FMC the words

Securities Exchange Board of India (SEBI), has been

Substituted. Also for the words Five persons the words

Fifteen persons have been substituted, and for the words

Three the word Eight has been substituted.”

117.

In clause 120, “for the words IPSTA International

Commodity Exchange Division the words IPSTA Trade

division has been substituted.”

118.

In original Byelaws, Clause 121 has been Deleted

119.

In clause 122, “for the words IPSTA International

Commodity Exchange Division the words IPSTA Trade

division has been substituted”.

120.

In clause 123 “for the words FMC the words

Securities Exchange Board of India (SEBI), has been

substituted”

121.

In clause 126 sub clause (ii) and sub clause (iii)

“for the words FMC the words Securities Exchange Board

of India (SEBI), has been Substituted.”

122.

In clause 151 sub clause (b) and sub clause (c)

“for the words FMC the words Securities Exchange Board

of India (SEBI), has been Substituted”.

123.

In original Byelaws, Clause 156 has been Deleted.

124.

In original Byelaws, Clause 157 has been Deleted.

125.

In Clause 158 “for the words Commission the

words Securities Exchange Board of India (SEBI), has

been Substituted”.

126.

In clause 159 “for the words Commission the

words Securities Exchange Board of India (SEBI), has

been Substituted.”

127.

In clause 161 “for the words Domestic Division

the words IPSTA Trade division has been substituted”.

128.

In original Byelaws, Clause 162 has been Deleted.

129.

In clause 163 “for the words Domestic Division

the words IPSTA Trade division has been substituted.”

130.

In original Byelaws, Clause 164 has been Deleted.

131.

In original Byelaws, Clause 165 has been Deleted.

132.

In clause 166 sub clause (1) sub clause (2) sub

clause (3) & sub clause (4) “for the words Forward

Market Commission the words Securities Exchange Board

of India (SEBI), has been Substituted.”

133.

In clause 167 sub clause (c) & sub clause (d)

“for the words Forward Market Commission the words

Securities Exchange Board of India (SEBI), has been

Substituted.”

134.

In clause 167 sub clause (B) (b) “for the words

Forward Market Commission the words Securities

Exchange Board of India (SEBI), has been Substituted.”

135.

In clause 167 sub clause (C) (i) & sub clause

(C) (ii) “for the words Commission the words Securities

Exchange Board of India (SEBI), has been Substituted.”

136.

In clause 167 sub clause(D) “for the words

Forward Market Commission the words Securities

Exchange Board of India (SEBI), has been Substituted”

137.

In clause 169 sub clause (a) and sub clause (b)

“for the words Commission the words Securities Exchange

Board of India (SEBI), has been Substituted”

138.

In clause 17l sub clause (A) (a) and sub clause (b)

“wherever the words Forward Market Commission appears

the words Securities Exchange Board of India (SEBI), has

been Substituted”.

139.

In clause l71 Sub clause (B) (i) and sub clause (B)

(ii) “wherever the words Forward Market Commission

appears the words Securities Exchange Board of India

(SEBI), has been Substituted.”

140.

In clause 172 sub clause (B) (c) and sub clause

(B) (d) “wherever the words Forward Market Commission

appears the words Securities Exchange Board of India

(SEBI), has been Substituted. Also wherever the words

Forward Contracts Regulation Act, 1952, the words

Securities Contracts Regulation Act, 1956, has been

substituted.”

141.

In clause 173 sub clause (e) “for the words

Commission the words Securities Exchange Board of India

(SEBI), has been Substituted.”

142.

In clause 184 sub clause (A) “for the words

Domestic Division the words IPSTA Trade division has

been substituted.”

143.

In original Byelaws, Clause 184, sub clause (B)

has been Deleted.

144.

In clause 185 sub clause (A) “for the words

Domestic Division the words IPSTA Trade division has

been substituted.”

145.

In original Byelaws, Clause 185, sub clause (B)

has been Deleted.

146.

In clause 189 sub clause (B)(b) “for the words

Forward Market Commission the words Securities

Exchange Board of India (SEBI), has been Substituted.”

147.

In clause 189 sub clause (D)(i) “for the words

Forward Contracts Regulation Act, 1952, the words

Securities Contracts Regulation Act, 1956, has been

substituted”

148.

In clause 190 sub clause (B), “for the words

IPSTA International Commodity Exchange Division the

words IPSTA Trade division has been substituted.”

149.

In clause 196, the following has been substituted.

“The fee for registration as a Broker of the

Association shall be, for the time being. ` 250=per

annum for trading in the IPSTA Trade Division”.

150.

In clause 197, the following has been substituted.

“Brokers shall get their registration renewed every

year on payment of ` 250 for trading in the IPSTA

Trade Division.”

151.

In clause 199 “for the words Forward Market

Commission the words Securities Exchange Board of

India (SEBI), has been Substituted.”

152.

In original Byelaws, the following new clause 213

sub clause (1) sub clause (2) and sub clause (3) has been

inserted respectively

213 clause (1) “Procedure for Appointment of

Public Interest Directors shall be as per the clause 6 of

the SEBI circular dated 13 December 2012”.

213 sub clause (2)” Selection of trading members/

clearing members on the Advisory Committee to the

governing board:-

Prior to appointment to the advisory committee, the

governing board of the exchange shall satisfy itself that

the trading members/clearing members are fit and proper

persons in terms of regulation 20 of the SECC

Regulations. The governing board shall frame the

eligibility norms, term of office, cooling off period etc., of

members of the advisory committee in consultation with

the trading members/clearing members of the exchange.”

213 sub clause (3) “Statutory Committees

(A) Standing committee on technology, comprising

of two outside experts proficient in technology and

atleast one public interest director. The functions of this

committee shall be to monitor whether the technology

used by the exchange remains up to date and meets the

growing demands of the markets, to monitor the adequacy

of systems capacity and efficiency, to look into the

changes being suggested by the exchange to the existing

software/hardware, to investigate into problems of

computerized trading system, such as hanging/slowdown/

breakdown, to ensure that transparency is maintained in

disseminating information regarding slowdown/breakdown

in Online Trading System. The Committee shall submit a

report to the Governing Board of the exchange. The

Board will deliberate on the report and suitable action/

remedial measure will be taken. Any stoppage beyond five

minutes will be explained and reported to the Board. The

Exchange shall issue a press release specifying the

reasons for the breakdown.

(B) Public Interest Directors’ Committee comprising

of all the public interest directors shall necessarily attend

every meeting of the committee. During their meetings, the

Public Interest Directors shall review the following:

(a) Status of compliance with SEBI letters/

circulars.

(b) Review the functioning of regulatory

departments including the adequacy of resources

dedicated to regulatory functions.

(c) The public interest directors shall prepare a

report on the working of the other committees where they

are also the members. The report shall be circulated to

the other public interest directors.

(d) A consolidated report shall then be submitted

to the Governing Board of the exchange.

(e) The public interest directors shall identify

important issues which may involve conflict of interest

for the exchange or may have significant impact on the

market and report the same to SEBI.

(C) Ethics Committee shall comprise of public

interest directors, key management personnel and

compliance officer. The functions of this committee shall

be to oversee the implementation of the code of ethics.

(D) Independent external persons appointed to

committees: The independent external persons shall be

from amongst the persons of integrity, having a sound

reputation and not having any conflicts of interests. They

shall be specialists in the field of work assigned to the

committee. The exchange shall frame the guidelines

for appointment, tenure, code of conduct, etc., of

independent external persons. Extension of the tenure may

be granted at the expiry of the tenure pursuant to a review

of the contribution, record of attendance at meetings, etc.

(E) Risk Management Committee shall comprise of

public interest directors and independent external experts,

which shall report to the governing board, the functions

of which will be to formulate a detailed risk management

policy which shall be approved by the governing board.

(a) The head of the risk management department

shall be responsible for implementation of the risk

management policy and he shall report to the risk

management committee and to the Governing Board.

(b) This committee shall monitor implementation of

the risk management policy and keep the SEBI and the

governing board informed about its implementation and

deviation, if any.

153.

In original Byelaws, the following new clause 214

has been inserted.

“Regulatory departments, Regulation 28 of the

SECC Regulations mandate segregation of regulatory

departments from other departments.”

154.

In original Byelaws, the following new

clause 215 has been inserted

“Risk Management Framework

(A) All applicable margins shall be collected by

the exchange before start of trading on the next trading

day. If the member’s collateral is insufficient to cover the

required margin and deposit requirements, member shall

not be allowed by exchange to further increase his open

positions.

(B) Further the exchange will levy ordinary margins

at the level of each individual client comprising his

positions in futures contracts across different maturities.

For member level margin computation, margins shall be

grossed across various clients.

(C) The proprietary positions of the member will

also be treated as that of a client for margin computation.

(D) Mark to market settlement on all open

positions of clients/members will be done on a daily basis

in cash. The daily settlement price will be reckoned and

disseminated by the exchange at the end of every

trading day”

155.

In original Byelaws, the following new

clause 216 has been inserted

“Maintenance of books of accounts and records as per

the SECC Regulations 2012. The exchange shall maintain

and preserve the books of accounts and records as per

rule 14 of the SCRA Rules 1957”

(Certified True Copy)

For India Pepper and Spice

Trade Association

(Sd.)

ANAND KISHOR,

President.