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Unit 2: Evolution of Derivatives in India




          open interest  of  market  participants  for  each  market-segment,  which  has  more  than  20  Notes
          participants. These reports are released every Friday and contain data on open interest split by
          reportable and non-reportable open interest as well as commercial and non-commercial open
          interest. This type of report is referred to as 'Commitments-Of-Traders'-Report, COT-Report or
          simply COTR.
          2.2.1  SEBI Act 1992


          SEBI Act, 1992 provides for establishment of Securities and Exchange Board of India (SEBI) with
          statutory powers for (a) protecting  the interests of investors  in securities (b) promoting the
          development of the securities market and (c) regulating the securities  market. Its regulatory
          jurisdiction extends over corporates in the issuance of capital and transfer of securities, in addition
          to all intermediaries and persons associated with securities market.
          SEBI has been obligated to perform the aforesaid functions by such measures as it thinks fit. In
          particular, it has powers for:
          1.   Regulating the business in stock exchanges and any other securities markets.
          2.   Registering and regulating the working of stock brokers, sub-brokers etc.
          3.   Promoting and regulating self-regulatory organizations.
          4.   Prohibiting fraudulent and unfair trade practices.

          5.   Calling for information from, undertaking inspection, conducting inquiries and audits of
               the stock exchanges, mutual funds and other persons associated with the securities market
               and intermediaries and self-regulatory organizations in the securities market.
          6.   Performing such functions and exercising according to Securities Contracts (Regulation)
               Act, 1956, as may be delegated to it by the Central Government.
          L.C Gupta Committee Recommendations for Derivative Trading


          SEBI set up a 24-member committee under the Chairmanship of Dr. L. C. Gupta to develop the
          appropriate regulatory framework for derivatives trading in India. On May 11, 1998 SEBI accepted
          the recommendations of the committee and approved the phased introduction of derivatives
          trading in India beginning with stock index futures.
          The  provisions in the SC(R)A  and the regulatory framework developed thereunder govern
          trading in securities. The amendment of the SC(R)A to include derivatives within the ambit of
          'securities' in the SC(R)A made trading in derivatives possible within the framework of that Act.

          In India, following are the major regulations for trading of derivatives:
          1.   Any exchange fulfilling the eligibility criteria as prescribed in the L.C. Gupta committee
               report may apply to SEBI for grant of recognition under Section 4 of the SC(R)A, 1956 to
               start trading derivatives. The derivatives exchange/segment should  have a  separate
               governing council and representation of trading/clearing members shall be limited to a
               maximum of 40% of the total members of the  governing council. The exchange  shall
               regulate the sales practices of its members and will obtain prior approval of SEBI before
               start of trading in any derivative contract.
          2.   The exchange shall have minimum 50 members.
          3.   The members of an existing segment of the exchange will not automatically become the
               members of derivative segment. The members of the derivative segment need to fulfill
               the eligibility conditions as laid down by the L.C. Gupta committee.




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