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Regulatory
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Legal and Regulatory Framework
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The
Department of Consumer Affairs in the Ministry of
Consumer Affairs, Food and Public Distribution
-Government of India, is the apex regulatory body
governing all commodity exchanges. Various powers to
provide regulatory supervision, besides the powers to
grant or withdraw recognition of any exchange rests with
this Department of the Government of India. The Forward
Markets Commission (FMC) was set up in 1953 to provide
regulatory advice to the Government and have closer
regulatory interaction with the commodity exchanges.
Most of the regulatory powers of the Central Government
have been delegated to the FMC. For example, FMC has
powers to approve the Memorandum and Articles of
Associations as well as Byelaws of the Exchange.
It has also powers to conduct inspection of accounts of
the exchanges/their members, inquire into the affairs of
the exchange. In an emergency, it can even suspend
trading. All contracts for futures trade have to be
approved by the FMC before they can be launched on the
exchange.
As a self-regulatory organization, NMCE also plays an
important role by ensuring that the provisions in the
Articles of Association, and Byelaws etc. are followed
in letter and spirit. The regulation by the Exchange is
rule-based and incorporated in the software itself.
Regulation involving human intervention and of
discretionary nature is implemented through various
committees of professional and experts. Special care is
taken while constituting these committees to ensure that
there is no conflict of interest. |
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Legal
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