CHAPTER II
PROHIBITION OF FRAUDULENT AND UNFAIR TRADE PRACTICES
RELATING TO SECURITIES MARKET
Prohibition of certain dealings in securities
3. No person shall buy, sell or
otherwise deal in securities in
a fraudulent manner.
Prohibition against Market Manipulation
4. No person shall -
(a) effect, take part in, or
enter into, either directly or
indirectly, transactions in
securities, with the intention
of artificially raising or
depressing the prices of
securities and thereby inducing
the sale or purchase of
securities by any person;
(b) indulge in any act, which is
calculated to create a false or
misleading appearance of trading
on the securities market;
(c) indulge in any act which
results in reflection of prices
of securities based on
transactions that are not
genuine trade transactions;
(d) enter into a purchase or
sale of any securities, not
intended to effect transfer of
beneficial ownership but
intended to operate only as a
device to inflate, depress, or
cause fluctuations in the market
price of securities;
(e) pay, offer or agree to pay
or offer, directly or
indirectly, to any person any
money or money's worth for
inducing another person to
purchase or sell any security
with the sole object of
inflating, depressing, or
causing fluctuations in the
market price of securities.
Prohibition of misleading statements to induce sale
or purchase of securitie
5. (1) No person shall make any
statement, or disseminate any
information which -
(a) is misleading in a material
particular; and
(b) is likely to induce the
sale or purchase of
securities by any other
person or is likely to have
the effect of increasing or
depressing the market price
of securities, if when he
makes the statement or
disseminates the
information-
(i) he does not care
whether the statement
or information is true
or false; or
(ii) he knows, or
ought reasonably to
have known that the
statement or
information is
misleading in any
material particular.
Nothing in this sub-regulation
shall apply to any general
comments made in good faith in
regard to -
(a) the economic policy of the
Government,
(b) the economic situation in
the country,
(c) trends in the securities
markets, or
(d) any other matter of a
similar nature,
whether such comments be made in
public or in private.
Prohibition on unfair trade practice relating to securities
6. No person shall -
(a) in the course of his
business, knowingly engage in
any act, or practice which would
operate as a fraud upon any
person in connection with the
purchase or sale of, or any
other dealing in, any
securities;
(b) on his own behalf or on
behalf of any person, knowingly
buy, sell or otherwise deal in
securities, pending the
execution of any order of his
client relating to the same
security for purchase, sale or
other dealings in respect of
securities.
Nothing contained in this clause
shall apply where according to
the clients instruction, the
transaction for the client is to
be effected only under specified
conditions or in specified
circumstances;
(c) intentionally and in
contravention of any law for the
time being in force delays the
transfer of securities in the
name of the transferee or the
despatch of securities or
connected documents to any
transferee;
(d)indulge in falsification of
the books, accounts and records
(whether maintained manually or
in computer or in any other
form);
(e) when acting as an agent,
execute a transaction with a
client at a price other than the
price at which the transaction
was executed by him, whether on
a stock exchange or otherwise,
or at a price other than the
price at which it was offset
against the transaction of
another client.
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