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Sunday, July 5, 1998

Bill to permit derivatives trading tabled in Lok Sabha 

Our Bureau  
New Delhi, July 4: Finance minister Yashwant Sinha on Saturday introduced a Bill in the Lok Sabha to permit derivatives trading through amendments to the securities trading law.

The Bill also seeks to bring other instruments issued by collective investment schemes within the ambit of the Securities Exchange Contract Regulations Act (SCRA) and to delegate regulatory powers to the Reserve Bank of India in addition to the Securities and Exchange Board of India.

The Securities Contracts (Regulation) Amendment Bill inserts in the original Act a clause widening the definition of derivatives to include "a security derived from a debt instrument, share, loan, whether secured or unsecured, risk instrument or contract for differences or any other form of security."

It would also include a contract which derives its value from the prices or index of prices of underlying securities.

The statement of objects and reasons of the Bill said that in the last few years there has been a substantial improvement in thefunctioning of the capital market. As the market grows, there is a demand for different instruments which would enable the investors to diversify as well as control the different risks in the capital market.

The new instruments in the capital market would not only help in diversification of risks but also strengthen and deepen the cash market.

Thus, there is an urgent need to include derivatives as securities in the SCRA, 1956, whereby trading in derivatives may be possible within the framework of that Act.

It added that recently many companies, especially plantation companies, had been raising capital from investors through collective investment schemes.

However, there is no regulatory framework to allow an orderly development of this market.

In order that the interest of investors is protected, it has been decided that Sebi would frame regulations with regard to collective investment schemes.

The statement also said that it is also proposed to substitute Section 29 A of the Act relating to thedelegation of powers. At present, powers can be delegated to the Securities & Exchange Board of India (Sebi). It is now proposed to delegate powers to the Reserve Bank of India also.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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