NCDEX Rules

  1. Title, Extent And Commencement
    The Regulations framed hereunder shall be known as National Commodity & Derivatives Exchange Limited, Regulations, 2003 (herein referred to as'Regulations') and shall come into effect immediately on approval by the Forward Market Commission or any other authority appointed under theForward Contracts (Regulation) Act, 1952 or any other applicable law.These Regulations shall be in addition to the provisions of the ForwardContracts (Regulation) Act 1952 and Rules framed thereunder and Rulesand Byelaws of National Commodity & Derivatives Exchange Limited(herein referred to as 'NCDEX' or 'Exchange'), as in force and any other applicable laws of India.The Regulations have been divided into two main divisions pertaining toTrading and Clearing for sake of convenience only and both the divisions shall be read together wherever and whenever the context requires.The titles of the clauses are only for convenience and may not read as subject for the contents of clauses. National Commodity & Derivatives Exchange Limited

  2. Jurisdiction
    Unless specifically mentioned otherwise in these Regulations, Bye Laws or Rules of the Exchange, any matter arising out of or pertaining to these Regulations shall be Clearing Member subject to jurisdiction of the Courts of Mumbai irrespective of the place of business of Trading or Clearing Members and irrespective of place from where the transaction is entered into. National Commodity & Derivatives Exchange Limited

  3. Definitions
    Unless in the context it is explicitly stated otherwise, all words and expressions used herein but not defined, and defined in the following, shall have the meanings respectively assigned to them therein in the following order of priority:
    1. Forward Contracts (Regulation) Act 1952 and Rules framed thereunder
    2. Companies Act, 1956
    3. Rules of National Commodity & Derivatives Exchange Ltd
    4. Byelaws of National Commodity & Derivatives Exchange Limitd
    Definitions:
    1. Approved Commodity
      Approved commodity means the commodity permitted by the Exchange to be traded on the Exchange.

    2. Approved Office
      Approved office means the office/s of a Member from which the Member is allowed by the Exchange to trade/settle/clear/deal on the Trading system and carry out back office operations.

    3. Approved User
      Approved User means the Member or any other person/s appointed by him to use the Trading System with the prior consent of the Exchange provided that such Approved User is having qualification if any prescribed by the Exchange.

    4. Approved Workstation
      Approved workstation refers to such workstation of a Member comprising of computer terminal(s) and all associated equipment installed and connected to the Trading System and used by the Member for the purpose of market inquiry, execution of orders / trades/deals/transaction and settlement/clearing of its trades on the Trading System, and all other actions associated with the trading and settlement on the Trading System.

    5. Authorised Person
      Authorized Person means a person being an individual, registered partnership firm or a body corporate, cooperative society or a company as defined under the Companies Act, 1956 who is recognized as such by the Exchange and who is employed/engaged whether through a contract of National Commodity & Derivatives Exchange employment or otherwise by a Member for remuneration or otherwise (whether by way of salary, commission, allowance or otherwise) expressed in terms of money or capable of being so expressed and gets such remuneration directly or indirectly from the Member and also includes Approved User as defined herein and any person who is acting in any capacity on behalf of Member for any activity relating to the trades and clearing on the Exchange even if such person is not receiving any consideration or remuneration from the Member for the services rendered by him.
      Explanation:
      For the purpose of these Regulations, the term shall also include any person who is undergoing any kind of training or assigned any project work in pursuance of the requirements of any university or other academic body A person who is an authorized person of a Member during its continuation of being Authorized Person shall not qualify to become an authorized person of any other Member

    6. Books of Accounts, Records and Documents
      Books of accounts, records and documents include books of accounts, records and documents, which are required to be maintained under Forward Contracts (Regulation) Act, 1952 and Rules framed thereunder, Rules, Bye Laws and the Regulations of the Exchange and any other law for the time being in force and records maintained in a computer or in any magnetic form.

    7. Branch Office
      Branch office in relation to a Member means: -
      • any establishment described as a branch and approved by NCDEX.
      • any establishment carrying on either the same or substantially the same activity as that carried on by the head office and approved by NCDEX.
      • any other place, which the Exchange may approve.

    8. Buyer
      For the purpose of these Regulations, unless the context indicates otherwise, the term buyer includes the buying Constituent and the buying member acting as his broker and agent and denotes the buying member when he is dealing on his own account as a principal.

    9. Clearing Bank
      The Exchange shall appoint one or more Clearing Banks which shall act as a funds settling agency, for the collection of Margin money and settlement National Commodity & Derivatives Exchange Limited for all deals entered into through the Exchange and for any other funds movement between members and the Exchange and between Members as may be directed by the Exchange from time to time.

    10. Clearing Corporation/ House
      Clearing Corporation/ House means the Clearing Corporation/House identified and approved by Exchange for facilitating settlement of trades/deals and all functions incidental to clearing of deals done or executed on the Exchange and shall mean NCDEX if function of such settlement or clearing of trades is performed by NCDEX itself or through its agency. The terms Clearing Corporation or Clearing House have been used interchangeably in these Regulations and shall have the same meaning. The Exchange may maintain multiple clearinghouses at multiple locations dealing in commodities specified from time to time.

    11. Clearing Member
      Clearing Member means a member of the Clearing Corporation and includes all categories of Clearing Members as may be admitted as such to the Clearing Corporation. In case of a Clearing Member who is also a Trading Member of the Exchange the term Trading Member be read as Clearing Member.

    12. Closing Buy Transaction
      Means a buy transaction which will have the effect of partly or fully offsetting a short position

    13. Closing Sell Transaction
      Means a sell transaction which will have the effect of partly or fully offsetting a long position

    14. Constituent
      A Constituent or a client means a person, on whose instructions and, on whose account, the Trading Member enters into any contract for the purchase or sale of any commodity or Futures contract or derivative or does any act in relation thereto or on whose account, the Clearing Member agrees as per Regulations to settle the deal/trade/transaction, as the case may be.
      Explanation:
      For the purpose of these Regulations, the term Constituent includes a Participant as defined under the Byelaws of the Exchange unless expressly stated otherwise. National Commodity & Derivatives Exchange Limited

    15. Common Pool Facility
      Common pool facility means the trading facilities created by the Exchange at various places which could be made available for use by the Trading Member in the event of failure of trading facilities in his office or otherwise.

    16. Contract Month
      Contract month means the month in which the Exchange Regulations require a Derivatives/Futures contract to be finally settled.

    17. Daily Settlement Price
      Daily settlement price shall be the price of the Derivatives Contracts as decided by the Relevant Authority for the particular trading day for the purpose of marking to market all open positions and settlement thereof.

    18. Delivery
      "Delivery" means clearing and settlement through the Clearing House in the manner prescribed in the relevant regulations of the Exchange.

    19. Derivatives Contract
      Derivative Contract means a derivative contract including future contract, which is permitted to be traded on NCDEX.

    20. Delivering Member
      Delivering member means a Clearing Member who has the obligation to effect or has effected delivery in fulfillment of contracts to which these Rules, Bye Laws and Regulations apply unless the context indicates otherwise.

    21. Deliverable Quantity
      Means the number of units that can be delivered in a contract as specified by the Exchange from time to time

    22. Expiration Day
      The day on which the final settlement obligation are determined in a Derivatives Contract

    23. Final Settlement Price
      The Final Settlement Price for a derivatives contract shall be the spot price, as announced by the Relevant Authority, of the underlying commodity on the last trading day of the contract.

    24. Futures Contract
      Means a legally binding agreement to buy or sell an underlying commodity in the future

    25. Last Trading Day
      Means the day up to and on which a derivatives Contract is available for trading

    26. Long Position
      Long position in a contract means outstanding purchase obligations in respect of a spot or derivative contract at any point of time

    27. Market Type
      Market type refers to the different markets in which trading is permitted on the Trading system and includes Spot Markets & Derivatives Markets

    28. Member
      Member means Trading Member and/or Clearing Member, the case may be, of the Exchange

    29. Member-Constituent Agreement
      Member-Constituent agreement is an agreement, which is executed between a Member and its Constituent as per the Exchange requirements (Annexure C).

    30. Member's Open Position
      Members open position means the sum of long and short positions of the Member and his Constituents in any or all of the Derivatives Contracts outstanding with the Clearing Corporation at any given point of time.

    31. Notification, Notice Or Communication
      It refers to any such intimation that can be served at ordinary business address and/or ordinary place of residence and/or last known address/email address/Trading System of the party in any one or more of the following ways:

      • by post
      • by registered post
      • under certificate of posting
      • by speed post / courier services.
      • by telegram
      • by affixing it on the door at the last known business or residential address
      • by oral communication to the party in the presence of a third person
      • by advertising it in at least one prominent daily newspaper having
      • circulation in the area where the last known business or residential address of respondent is situated
      • by sending a message through the Trading System
      • by electronic mail or fax
      • by hand delivery
      • by SMS through a mobile device
        Any communication sent by the Exchange to any party shall be deemed to have been properly delivered or served, even if such communication is returned to the Exchange as unclaimed/ refused/ undelivered, if the same is sent to the ordinary business address/e-mail address and/ or ordinary place of residence and/ or last known address of the party, in any one or more of the ways mentioned in clause(1) above.

    32. Outstanding Obligation
      Means the obligation which has neither been closed out nor been settled

    33. Professional Clearing Member
      Professional Clearing Member means a Clearing Member who is not a Trading Member. Term Professional Clearing Member and Clearing Member has been used interchangeably.

    34. Receiving Member
      Receiving member means a Clearing Member who has to or has taken delivery in fulfillment of contracts to which these Rules, Bye Laws and Regulations apply unless the context indicates otherwise.

    35. Relevant Authority
      The term Relevant Authority shall mean, the Board of the Exchange or such other authority as specified by the Board from time to time as Relevant Authority for a specified purpose.

    36. Rules And Bye Laws
      The terms Rules and Bye Laws shall mean the Rules and Bye Laws framed by the Board of the Exchange from time to time and approved by the National Commodity & Derivatives Exchange Limited

    37. Seller
      For the purpose of these Regulations unless the context indicates otherwise the term seller includes the selling Constituent and the selling Member acting as his broker and agent and denotes the selling member when he is dealing on his own account as a principal.

    38. Settlement Calendar
      Exchange shall prescribe dates for settlement, Pay in, Pay out, Delivery and all obligations and rights of Members in respect of every Trading Cycle of each Approved Commodity and such schedule of dates shall be referred to as Settlement Calendar of Trading Cycle in respect of particular Commodity.

    39. Settlement Date
      Means the date on which the settlement of outstanding obligations in a Derivatives and/or Spot contract is required to be settled as provided in these Regulations

    40. Short Position
      Short position in a Derivatives contract means outstanding sell obligations in Derivatives contract at any point of time.

    41. Trading Cycle
      Trading Cycle means the period, as notified by the Exchange from time to time, during which the Derivatives Contract will be available for trading.

    42. Trading Member
      Trading Member refers to an entity as defined under Chapter 6 of the Byelaws of the Exchange. The term Trading Member shall be read as Clearing Member while performing functions as Clearing Member.

    43. Trading System
      Trading System refers to Automated Trading System of the Exchange.

    44. Trade Type
      Trade Type means the types of trades in any Commodity permitted to be traded on the Exchange and includes Normal market trades and National Commodity & Derivatives Exchange Limited Negotiated trades

    45. Trade Type
      Trade Type means the types of trades in any Commodity permitted to be traded on the Exchange and includes Normal market trades and National Commodity & Derivatives Exchange Limited Negotiated trades

    46. User
      A User is a person appointed by the Trading Member and as approved by the Exchange.

    47. Underlying Commodities
      An Underlying Commodities means a commodity with reference to which a Derivative Contract is traded / to be traded on the Exchange from time to time
  1. Dealings On The Exchange
    1. Trading System
      The Exchange shall provide an Automated Trading facility in all the Commodities admitted for dealings on the Spot Market and Derivative Market
      Trading on the Exchange shall be allowed only through Approved Workstation(s) located at locations for the office(s) of a Trading Member as approved by the Exchange. If LAN or any other way to other workstations at any place connects an Approved Workstation of a Trading Member it shall require an approval of the Exchange.
      Each Trading Member shall have a unique identification number which shall be provided by the Exchange and which shall be used to log on (sign on) to the Trading System.
      A Trading Member shall have a non-exclusive permission to use the Trading System as provided by the Exchange in the ordinary course of business as Trading Member.
      A Trading Member shall not have any title rights or interest whatsoever with respect to Trading System, its facilities, software and the information provided by the Trading System.

      The Trading System
      1. Shall be made available to the Member for trading subject to such terms and conditions as the Relevant Authority may determine from time to time, inter alia, payment of such charges as may be specified from time to time. Clearing Member
      2. Access, may be withdrawn or restricted by the Relevant Authority at any time without assigning any reason and at its absolute discretion.

        The Member shall, at its own costs, install and use such equipment and software as specified by the Exchange from time to time for the purpose of accessing the Trading System
        The Exchange shall have the right to inspect equipment and software used for the purposes of accessing the Trading System at any time without giving any notice
        The cost of the equipment and software supplied by the Exchange, installation and maintenance of the equipment shall be borne by the Trading Member
        The permission to use the Trading System shall be subject to payment of such charges as the Exchange may from time to time prescribe in this regard.
        A Trading Member shall not, permit itself or any other person(s) to:

        • use the software provided by the Exchange for any purpose other than the purpose as approved and specified by the Exchange
        • use the software provided by the Exchange on any equipment other than the workstation approved by the Exchange
        • copy, alter, modify or make available to any other person the software provided by the Exchange
        • use the software in any manner other than the manner as sp
        • ecified by the Exchange
        • attempt directly or indirectly to de-compile, dissemble or reverse engineer the same

          A Trading Member shall not, by itself or through any other persons on his behalf, publish, supply, show or make available to any other person or reprocess, retransmit, store or use the facilities of the Trading System or the information provided by the Trading System except with the explicit approval of the Exchange and in the ordinary course of business to complete the transactions on the Exchange.
          The Exchange shall provide its services on a best effort basis. However the Exchange shall not be liable for failure or malfunctioning of the Trading System or any other support systems and for any loss, damage, or other costs arising thereupon and/or in any way out of:

        • Failure of telecom network or systems including failure of ancillary or associated systems, or fluctuation of power, or other environmental conditions; or
        • accident, transportation, neglect, misuse, errors, frauds of the Trading Member or its Authorized Persons or the agents or any third party; or
        • any fault in any attachments, system or equipments (either supplied by the Exchange or approved by the Exchange) which forms or does not form part of the trading workstation installation; or
        • act of God, fire, flood, war, act of violence, or any other similar occurrence or for any reason beyond the control of Exchange; or
        • any incidental, special or consequential damages
          No Trading Member shall deal on or access the Trading System or related facilities through another Trading Member or on behalf of another Trading Member, unless the prior approval of the Exchange in writing is obtained in this regard.

    2. Trading Members and Users
      Trading Members shall be entitled to appoint, (subject to such terms and conditions, as may be specified by the Relevant Authority) from time to National Commodity & Derivatives Exchange Limited
      1. Authorized Persons;
      2. Approved Users.

        Trading Members should have passed a certification program, which has been prescribed by the Exchange. In case of Trading Members, other than individuals or sole proprietorships, such certification program shall have to be passed by at least one of their directors/employees/partners / members of governing body. Relevant Authority shall have discretion to modify or waive this condition in general or for any specific Trading Member/s or User/s.
        Each Trading Member shall be permitted to appoint such number of Approved Users as may be notified from time to time by the Exchange.
        The appointment of Approved Users shall be subject to such terms and conditions as the Exchange may prescribe from time to time.
        Each Approved User shall be given a unique identification number through which he shall have access to the Trading System.

        An Approved User can access the Trading System through a password and can change such password from time to time.

        Trading Member or its Approved Users thereof shall maintain complete secrecy of its password. Any trade or transaction done by use of password of any Approved User of the Trading Member, shall be binding on such Trading Member. Approved User shall be required to change his password at the end of the password expiry period. The Exchange shall prescribe the password expiry period from time to time

        • Only persons who are registered as Trading Members in accordance with provisions of the Byelaws, Rules and Regulations of the Exchange or are agents of Trading Members for whom an application has been made to the Exchange by the Trading Members in accordance with the format specified by the Exchange from time to time may be approved as Users.
        • No person shall be admitted as Approved User who is under 21 years of age.
        • No person shall be admitted as Approved User against whom any disciplinary action has been taken by the Exchange and the punishment imposed thereon is still in force.
        • No Trading Member shall without permission of the Exchange take into his employment a former Trading Member or User of such Trading Member as Approved User, if such Trading Member or Approved User is one against whom any disciplinary action has been taken by the Exchange and the punishment imposed against National Commodity & Derivatives Exchange Limited the said Trading Member or said User is still in force.

        The Exchange shall have a right to reject any application made or at any time withdraw any approval previously granted, or suspend any Approved User temporarily from access to the system. Such suspension may be conditional and may be revoked on the fulfillment of condition specified, if any, to the satisfaction of the Exchange.

        A Trading Member desiring to change the User Id or cancel the authority given to its Approved User to operate the Trading System on its behalf shall intimate the Exchange in writing, in such form and manner as the Exchange may specify, immediately on taking such action and obtain confirmation from the Exchange of having received such intimation, and of the disabling of the particular User by the Exchange. However the Trading Member will continue to be liable for all the activities reported on the basis of such or previous User Id undertaken up to a period of 24 hours after his obtaining a confirmation as mentioned above from the Exchange. The Trading Member shall cancel all his outstanding orders in respect of such Approved User.

        Whenever an Approved User of the Trading Member ceases to act in such or any capacity with the Trading Member then each such Trading Member shall inform the Exchange, within 24 hours, the name and other particulars of such Approved User.

        No application shall be made by any Trading Member, if such person for whom such an application is made, is already an Approved User of any other Trading Member.

        The Exchange shall notify different level of the Approved Users for each workstation provided. These levels shall define the access to the Trading System by the Users and shall include a provision for inquiry only on the terminal, provision for order entry and trading, or such others, as may be specified by the Exchange.

        The Exchange may change the status of Approved User of the Trading Member from Trader to Inquiry only where circumstances warrant and intimate to such Trading Member

        A Trading Member, shall not access the Trading System using a different Trading Member or User Id other than the one allotted to him.

        The Approved User shall not attempt to aid in or access the Trading System using the Trading Member code from a location other than the Trading Member's Approved Office/location.

        A Trading Member who wants the Exchange to reset his password, has t make a request in writing signed by the Trading Member indicating his National Commodity & Derivatives Exchange Limited Broker Id and User Id. A Trading Member shall not make a request for resetting the password of any other Trading Member.

    3. Trading Days
      The Exchange shall operate on all days as specified in the respective commodity contracts except on such holidays as may be declared by it from time to time. The Exchange may prescribe commodity specific and/or geographical area specific trading holidays.

      The Exchange may close the market on days other than or in addition to scheduled holidays or open the market on days originally declared to be holidays, to be called unscheduled opening or closing of the markets or segments and the decision of the Exchange in this matter shall be final and binding.

      Other than the regular trading hours, Trading Members shall be provided a facility to place orders off-line i.e. outside Trading Hours. They shall be stored by the system but shall get traded only once the market opens for trading on the following working day.

      The Board or the Relevant Authority will provide for Opening, Normal and Closing sessions or any other session as may be decided.

      The types of Order books, Trade books, Price limits, matching rules and other parameters pertaining to each or all of these sessions will be specified by the Exchange to the members via its circulars or notices issued from time to time.

      Members may place orders on the Trading system during these sessions, within the regulations prescribed by the Exchange as per these Byelaws Rules and Regulations, from time to time.

    4. Trading Hours
      The Exchange shall announce the normal trading hours/Open Period in advance from time to time. The Exchange may extend or reduce trading hours by notifying Trading Members as and when it deems fit and necessary in this regard.

    5. Trading Cycle
      Trading cycle for each commodity / Derivative Contract will have a standard period as notified by the Exchange from time to time, during which it will be available for trading. National Commodity & Derivatives Exchange Limited

    6. Contract Expiration
      Derivatives Contracts will expire on a pre-determined date and time up to which the Contract will be available for trading which shall be notified by the Exchange in advance. The contract expiration period shall not exceed twelve months or as the Exchange may specify from time to time.

    7. Trading Parameters
      The Exchange shall from time to time specify various trading parameters relating to the Trading System.
      Every Trading Member will be required to specify the buy or sell orders as either an open order or a close order for Derivatives contracts

      The Exchange shall from time to time prescribe different order books that shall be maintained on the Trading System and shall specify such various conditions on the order that will make it eligible to place it in those books.

      The Exchange shall specify the minimum disclosed quantity for orders that will be allowed for each commodity/Derivatives Contract, as the case may be.

      The Exchange shall prescribe the number of days after which Good Till Cancelled orders will be cancelled by the system.

      The Exchange shall specify from time to time the lot size in which orders can be placed for any or all commodities / contract traded on the Exchange.

      The Exchange shall specify from time to time price steps in which orders shall be entered on the Trading System of the Exchange.

      The Exchange shall lay down position limits in respect of each Commodity / Derivatives Contract from time to time

      The Exchange shall specify the price fluctuations for each Commodity / Derivatives Contract. specific at its absolute discretion.

      Exchange may prescribe working days for Commodity specific or area on such holidays as the Exchange may declare from time to time. The The Exchange shall operate on all days except Saturday and Sundays and specific at its absolute discretion. Exchange may prescribe working days for Commodity specific or area on such holidays as the Exchange may declare from time to time.

    8. Market Types / Trade Types / Settlement Periods / Transaction Types
      The Exchange shall permit and notify different kinds of trades in the commodities / Derivative Contracts included in the official list of NCDEX, which shall include:
      1. Regular market trades
      2. Negotiated trades.
        The Exchange shall prescribe from time to time different trade types, market types, which will be permitted to Trading Members for dealings in commodities

        The Exchange shall prescribe from time to time the different settlement periods that will be permitted and will be in conformity with the Clearing Regulations of the Exchange.

        The Exchange shall allow from time to time different transactions types, which shall include transaction for clearing, special and spot delivery.

    9. Failure Of Trading Members' Terminal
      In the event of failure of Trading Members workstation and / or the loss of access to the Trading System, the Exchange may at its discretion, but not bound to, undertake on behalf of the Trading Member to carry out the necessary functions which the Trading Member is eligible on a valid request from such Trading Member subject to such terms and conditions which the Exchange may deem necessary to be imposed. The Exchange shall entertain only request made in writing in a clear and precise manner by the Trading Member and in a manner as prescribed by the Exchange. The Trading Member shall be accountable for the functions executed by the Exchange on their behalf and shall indemnify the Exchange against any losses or costs incurred by the Exchange or any claims on the Exchange arising out of the above situation. The Exchange may, at its discretion, provide Common Pool Facility to the Trading Members.
  1. Dealings In Derivatives Contracts
    1. Dealings In Derivatives Contracts
      All Derivatives Contract specifications shall be announced by the Exchange in advance from time to time. Dealings shall be permitted on the Exchange in Derivatives Contract pertaining to commodities as provided in these Regulations, Byelaws and Rules of the Exchange as in force from time to time and for such categories of Trading Members, trade types, Market Types, Settlement Periods and for such Trading Hours as the Exchange may specify from time to time.
      The Exchange may at its discretion at any time suspend trading in particular Derivatives Contracts as it deems fit under the following circumstances:

      1. There is law and order problem, which in the opinion of the Exchange may, extend over a period of time and affect the market conditions adversely;
      2. Reasons beyond the control of parties because of which it may not be possible in the opinion of the Exchange for the parties to perform the contracts;
      3. Any other reason or circumstances under which, the Relevant Authority deems, in the interest of Market, to suspend trading in particular Derivatives Contract.
      4. Such suspension shall take effect, on such conditions and in such time and manner as the Exchange may prescribe in this regard.
        The Exchange may also revoke suspension of trading in any or all types of Derivatives Contracts and/or commodities at any time.

        Trading Members may trade on the Trading System in Commodities / Derivatives Contracts that are admitted for dealing on the Exchange, either on behalf of their Constituents or on their own account unless otherwise specified by the Relevant Authority and trading shall be subject to such conditions as the Exchange may prescribe from time to time.

        Segregation of Trades
        Every Member shall segregate trading by him on his own account from that of his Clients in such manner as the Exchange may provide.

        Transactions of Director or employee
        For the purpose of these Regulations, for transactions entered into on behalf of the director or an employee of the Trading Member or for transactions in which the director or employee has beneficial interest, such director or employee shall be considered as a Constituent of the Trading Member and margins shall be collected from each such Constituent Separately

        The Trading Member cannot utilize the funds and commodities of one Constituent for and on behalf of another Constituent except on specific authorization of the Constituent whose funds or commodities are utilized.

        The Exchange may, at any time restrict conditionally or unconditionally a Trading Member from dealing in a specified Derivatives Contract

        The Trading Member shall continue to be liable for all trades executed on the system for orders entered into the Trading System on his behalf. Trading Member shall be responsible for all the actions of their AuthorizedPersons / Authorized Users.

        Prices quoted on the Exchange shall be basis delivery location, either inclusive or exclusive of Local Sales Tax, as may be prescribed by the Relevant authority, for different commodities or contracts, from time to time, but inclusive of customs duty (if any).

        The Exchange shall from time to time provide incidence of liability, procedures and mode of payment of local sales tax as may be payable by the Buyer / Seller Constituents which shall be binding on the Buyer / Seller Constituents

    2. Trade Operations
      Trading Members shall ensure that appropriate confirmed order instructions are obtained from the Constituents before placement of an order on the System and shall keep relevant records or documents of the same and of the completion or otherwise of these orders there of.

      The Trading Member shall make available to his Constituent the Trading System order number and copies of the order confirmation slip / modification slip be dispatched to the Constituent.

      The Trading Member shall disclose to the Exchange at the time of order entry that the order is on his own account or on behalf of Constituents and also specify orders for buy or sell as open or close orders

      The procedures and conditions for amendment or cancellation of orders would be subject to such conditions and as specified by the Exchange from time to time.

      Trading Members shall be solely responsible for the accuracy of details of orders entered into the Trading System including orders entered on behalf of his Constituents.

      A potential trade match shall be subject to validation of limits. A position limit refers to the maximum value of trades that a Trading Member will be permitted to execute on the Trading System. The Exchange may specify from time to time the manner in which all position limits shall apply.

      Trades generated on the system are irrevocable and 'locked in'. The Exchange may specify from time to time the Market Types and the manner if any, in which trade cancellation can be effected.

      Where a trade cancellation is permitted and Trading Member wishes to cancel a trade, it may be done only with the approval of the Exchange and in the following manner:

      • The Trading Member wishing to cancel the trade shall initiate a cancellation request to the Exchange. The counter Trading Member to the trade too will have to put in his cancellation request separately.
      • Where a Trading Member initiates such request the onus shall be on the Trading Member to ensure that he receives a written request from the Constituent.
      • Where a trade cancellation request(s) comes to Exchange from only one party to trade and is/are pending with the Exchange as a result of it being not confirmed by the counter party to such trade within such time as may be notified by the Exchange, such request may be cancelled at the discretion of the Exchange.
      • The Exchange shall not consider any request for a trade cancellation after such period after the market close on a Trading Day as may be notified from time to time.
      • The Exchange shall not give the reasons for rejection or approval of any such trade cancellation request.
      • The Exchange may cancel a trade suo-moto without any request by either of the parties to the trade at any time without giving any reason thereof which cancellation shall be final and binding upon the parties to the trade. In the event of such cancellation, Trading Member shall be entitled to cancel relative contract(s) with his Constituents.

        The Trading Member shall make available to his Constituent the Trading System generated trade number and copies of the trade cancellation slip wherever applicable

    3. Margin Requirements
      Subject to the provisions as contained in the Exchange Bye-laws and such other regulations as may be in force, every Clearing Member shall in respect of trades in which he is a party, deposit a margin with Exchange authorities, in the manner and to the extent specified by the Exchange. Whenever a margin is payable by a Clearing Member, it shall pay such margins directly to the Exchange, unless otherwise directed by the Exchange.

      The Exchange shall prescribe from time to time the commodities / Derivative Contracts, the Settlement Periods and trade types for which margin would be attracted.

      The Exchange shall levy initial margin on Derivatives Contracts using the National Commodity & Derivatives Exchange Limited oncept of Value at Risk (VaR) or any other concept as the Exchange may decide from time to time and shall cover one-day loss that can be encountered on the position on 99% of the days

      Additional margins would be levied for deliverable positions, on the basis of VaR from the expiry of the contract till the actual settlement date plus a mark-up for default.

      The margin shall be deposited with the Exchange within such time as may be notified by the Exchange from time to time.

      The Exchange shall prescribe from time to time such categories of securities that would be eligible for a margin deposit as also the method of valuation and amount of securities that would be required to be so deposited against the margin amount.

      The procedure for refund/adjustment of margins will be such as may be notified by the Exchange from time to time.

      The Exchange shall from time to time, impose upon any particular Trading Member or category of Trading Member any special or other margin requirement. On failure to deposit margin/s as required under this clause, Exchange/Clearing House may withdraw the trading facility of the Trading Member.

      The Clearing House would release all margins after the payout.

    4. Order Management
      1. Order Type
        The Exchange shall stipulate from time to time, the kinds of orders that a Trading Member can place in the system which may include Normal order, Special Term order, etc. as also the order attributes that he could place thereon
      2. Order Attribute
        • The Exchange shall from time to time allow various order attributes subject to restrictions as prescribed in the trading parameters, which will include
          • STOP LOSS
          • DISCLOSED QUANTITY
          • IMMEDIATE OR CANCEL
          • GOOD TILL DAY
          • GOOD TILL CANCELED
          • GOOD TILL DATE

        • The attributes of special term order shall be specified by the Exchange from time to time and shall include
          • MINIMUM FILL
          • ALL OR NONE
        • The Exchange shall specify the order types and order attributes permitted for different market types, trade types, trading periods etc.

      3. Modification And Cancellation Of Orders
        • A Trading Member shall be permitted to modify or cancel his orders, provided a trade has not already taken place in respect of that order.
        • The Exchange shall specify the order types and order attributes permitted for different market types, trade types, trading periods etc

      4. Order Validation
        Orders entered into the Trading System by Trading Members shall be subject to various validation requirements as prescribed by the Exchange from time to time including trading parameters, turnover limits and/or other restrictions placed on traded commodities / derivatives contracts. The Trading System will not accept orders that do not meet the validation checks.

      5. Matching Rules
        • The Exchange shall specify from time to time the kinds of order books that shall be maintained on the system, the order matching algorithms and the matching rules and parameters that shall be followed therein
        • The Exchange may modify or change the matching algorithms relevant to any market or order books any time where it is necessary to do so.
        • Where the Exchange feels that it is in the interests of the market to do so, it may at any time make unavailable any particular order books or forms of matching, in the case of a particular security or Trading Member or to the market as a whole.
        • Without prejudice to the generality of the above, the order matching rules would include the following:
          • Orders in the Normal market will be matched on price -time priority basis
          • The best buy order shall match with the best sell order trading on price, the best buy order would be the one with the highest price and the best sell order would be the one with the lowest price.

    5. Contract Note
      Every Trading Member shall issue a contract note to his Constituents for trades executed in such format as specified with all relevant details as required therein to be filled in and issued in such manner and within such time as prescribed by the Exchange.
      A contract note shall be signed by a Trading Member or his Authorized signatory or constituted Attorney.
      The Contract Notes shall be numbered with unique running serial number commencing from one, which shall be reset only at the beginning of every financial year. In case separate series are maintained in respect of different dealing offices of the Trading Member, then the dealing office name or code shall be prefixed to the serial number.
      The contract note shall be time stamped with the time of receipt of order and the time of execution of order. The Contract Note shall be stamped as per Indian Stamp Act.

    6. Brokerage
      All the orders entered on the Trading System shall be at prices exclusive of brokerage.
      Trading Members shall charge brokerage at rates not exceeding such scale as the Exchange may from time to time prescribe.
      A Trading Member shall charge brokerage separately to their Constituents and this shall be indicated separately from the price, in the contract note.

    7. Margin From The Constituents
      1. The Trading Members must collect from its Constituents the Margin Deposit that the member has to provide under these Trading Regulations in respect of the business done by the Members for such Constituents.

        The Trading Members shall buy / sell derivatives contracts on behalf of the Constituent only on the receipt of margin of minimum such percentage as the Relevant Authority may decide from time to time, on the price of the derivatives contracts proposed to be purchased/sold, unless the Constituent already has an equivalent credit with the Trading Member. The Trading Member may collect higher margins from Constituents, as he deems fit.

        The Trading Member shall obtain a written undertaking from the Constituents that the latter shall when called upon to do so forthwith from time to time provide a Margin Deposit and/or furnish additional Margin as required under these Rules and Regulations in respect of the business done for the Constituent by and/or as agreed upon by Constituent with the Trading Member concerned.

        The Trading Member shall demand from his Constituents the amounts arising in respect of daily settlement in accordance with the Clearing Corporation Regulations for business done by the members on behalf of such Constituents on such higher amounts, as the Trading Member deems fit. The Trading Member may, if so desire, for administrative convenience maintain the daily settlement margin balance up to a pre-agreed level to avoid collecting and paying daily settlement amount on a daily basis, which may be referred to as maintenance margin

        Constituent(s) in default
        In case of non-payment of daily settlement by the Constituent, the Trading Members shall be at liberty to close out transactions by selling or buying the derivatives contracts, as the case may be, unless the Constituent already has an equivalent credit with the Trading Member. The loss incurred in this regard, if any, shall be met from the margin money of the Constituent.

        In case of open purchase position undertaken on behalf of Constituents, the Trading Members shall be at liberty to close out the transactions by selling Derivatives contracts, in case the Constituent fails to meet the obligations in respect of the open position within next trading day of the transaction having been executed. Loss incurred in this regard, shall be met from the margin money of the Constituent

        In case of open sale position undertaken on behalf of Constituents, theTrading Members shall be at liberty to close out the transactions by buying Derivatives contracts, in case the Constituent fails to meet the obligations in respect of the open position within next trading day of the transaction having been executed on the exchange. Loss incurred in this regard, shall be met from the margin money of the Constituent

        A Trading Member shall be liable to furnish the required margin notwithstanding the non-payment of margin by a Client to such Trading Member

    1. Conduct Of Business By Trading Members

      1. Office Related Procedure No Trading Member shall carry on any activity connected with or prtaining to its operations as a Trading Member of the Exchange in any office or premises, the full address of which has not been intimated to the Exchange with details of the activity proposed to be so carried on therein and the person in whose supervision and control it is to be so carried on.
        Each office, department for trading on the NCDEX, shall be under the supervision and control of the Trading Member establishing it and of the personnel delegated with such authority and responsibility in this regard.
        Every Trading Member shall ensure that all persons acting in his behalf on the Trading System shall subscribe at all times to high standards of professional expertise and integrity.
        Each Trading Member shall at all times maintain such infrastructure, staff,communication facilities and records so as to be able to service his Constituents satisfactorily and as per the requirements enumerated in the Exchange Bye-laws, Rules and Regulations or any other relevant Act(s) in force for the time being.
        Where the Exchange feels it necessary, in the public interest to do so, it may at its own instance or on a complaint from another Trading Member or client, seek explanation from the Trading Member regarding the level of service or professional conduct of the Trading Member or any of his staff where such service or conduct has been found unsatisfactory or contrary to principles enumerated in the Exchange Bye-laws, Rules and Regulations,or notifications, directions or circulars issued there under.

      2. Supervision

        • Procedures to be Followed
          • Each Trading Member shall establish, maintain, and enforce procedures to supervise its business and to supervise the activities of its employees that are reasonably designed to achieve compliance with the NCDEX Bye-laws, Rules and Regulations and any notifications, directions etc.issued there under as well as the relevant statutory Acts.
          • The Trading Member for the purpose of better control may, if it so desires, maintain an internal record of the names of all persons who are designated as supervisory personnel and the dates for which such designation is or was effective.
          • c) Every Trading Member shall specifically authorize in writing person or persons, who may be authorized to transact on behalf of the Trading Member and to do such acts which Trading Member may wish to delegate to such person and make available a copy of such power of attorney to the Exchange before such person transacts any business on the Exchange.
          • A Trading Member shall maintain such records and make available to inspection by any person authorized in this behalf by the Exchange, the information related to such Trading Member's financial condition as prescribed by the Exchange for this purpose.
          • The Trading Member shall pay such fees, charges and other sum as the Exchange may notify from time to time, in such time and manner as required by the Exchange.
          • The Trading Member must inform the Exchange of any change in the status and constitution, operation and activities of the Trading Member

        • Internal Inspections
          Each Trading Member shall conduct a review, at least annually, of the business in which it engages, which shall be reasonably designed to assist in detecting and preventing violations of and achieving compliance with Bye Laws, Rules and Regulations.

        • Written Approval
          Each Trading Member shall establish procedures for the review and endorsement by an appropriate senior officer in writing, on an internal record, of all transactions and all correspondence of its employees pertaining to the solicitation or execution of any commodities transaction.

        • Internal Inspections
          Each Trading Member shall conduct a review, at least annually, of the business in which it engages, which shall be reasonably designed to assist in detecting and preventing violations of and achieving compliance with Bye Laws, Rules and Regulations.

        • Qualifications Investigated
          Each Trading Member shall have the responsibility and duty to ascertain the good character, business repute, qualifications and experience of any person prior to making such certification in the application of such person for registration with the Exchange as User.

  1. Relation With The Constituents
    Every Trading Member shall enter into an agreement with each of his Constituents, before accepting or placing orders on the Constituent's behalf. Such agreement shall include provisions specified by the Exchange in this behalf (Annexure C). The Exchange may categorize Constituents into such types as may be necessary for the above purpose and specify the clauses to be included in agreements to be entered into by the Trading Member depending on the category of such Constituent. However the National Commodity & Derivatives Exchange Limited
    Trading Member's responsibility shall not in any way be reduced due to non-execution of agreement with the Constituent.
    When establishing a relationship with a new client, Trading Members must take reasonable steps to assess the background, genuineness, financial soundness of such person and his investment objectives (Annexure E). The Trading Member shall obtain from all corporate Constituents an approved copy of the Board resolution permitting trading in derivatives
    Trading Member shall make the Constituent aware of the precise nature of the Trading Member's liability for business to be conducted, including any limitations on that liability and the capacity in which the Trading Member acts and the Constituents' liability thereon. The Trading Member shall make the Constituent aware of the risk associated with the business in derivatives trading including any limitations on the liability and the capacity in which the Trading Member acts and the Constituent's liability thereon by issuing to the Constituent a copy of the Risk Disclosure Document as specified in the (Annexure D) The Risk Disclosure Document shall be duly signed by the Constituent and maintained and retained by the Trading Member retain in its records for such period as the Exchange may specify
    The Trading Member shall provide extracts of relevant provisions governing the rights and obligations of Constituents as Constituents of Trading Members as prescribed in the Bye-laws, Rules and Regulations, relevant manuals, notifications, circulars, any additions or amendments thereto etc. of the Exchange, or of any regulatory authority, to the extent it governs the relationship between Trading Members and Constituents, to the Constituents at no extra cost. The Trading Member shall also bring to the notice of his Constituents, including Participants any indictments, penalties etc. imposed on him by the Exchange or any other regulatory authority.
    Recommendations to the Trading Member:
    1. A Trading Member shall make adequate disclosures of relevant material information in its dealing with his Constituents.
    2. No Trading Member or person associated with the Trading Member shall guarantee a Constituent against a loss in any commodities transactions effected by the Trading Member with or for such Constituent.

  2. Guidelines Governing Relationship Between Trading Member and Constituent
    The Trading Member shall not recommend to the Constituent a sale or purchase of commodities or derivatives contracts traded on the Trading System, unless he has reasonable grounds to believe that such recommendation is suitable for the Constituent on the basis of the facts, if any, disclosed by the Constituent, whether in writing or orally, regarding the Constituent's commodity holdings, financial soundness and investment objectives.

    The Trading Member shall make adequate disclosures of relevant material information in dealing with the Constituent including the current best price of trade and trade or order quantities on the Trading System, as also any allocation policy inter se Constituents, any relevant announcement from the Exchange relating to margin, trading restrictions as to price, quantity or where the Trading Member is the counter party to a trade executed on the Trading system with the Constituent.

    The Trading Member shall not furnish any false or misleading information or advice with a view to inducing the Constituent to do business in particular Spot / Derivatives Contracts and which will enable the Trading Member to gain thereby.

    The Trading Member shall explain the Trading System and order matching process to the Constituent before accepting any orders from him. Where the Constituent requires an order to be placed or any of his order to be modified after the order has entered the system but has not been traded, the Trading Member may, if it so desires, obtain order placement/modification details in writing from the Constituent. The Trading Member shall accordingly provide the Constituent with the relevant order confirmation/modification slip or copy thereof, forthwith, if so required by the Constituent.

    Where the Constituent requires any of his orders to be cancelled after the order has been entered in the system but has not been executed, the Trading Member may, if it so desires, obtain the order cancellation details in writing from the Constituent. The Trading Member shall accordingly provide the Constituent with the relevant order cancellation details, forthwith, if so required by the Constituent.
    The Trading Member may, if it so desires, obtain in writing, the delivery and payment requirement in any instructions of an order that it receives from the Constituent. Where a Trading Member receives a request for order modification or order cancellation from the Constituent, it shall duly bring it to their notice that if the order results in a trade in the meantime, the requests for modification or cancellation cannot be executed. The Trading Member shall not accumulate Constituent's order / unexecuted balances of order. The Trading Member shall place forthwith all orders on the trading system

    The Trading Member agrees to act promptly in accordance with instructions provided by the Constituent unless it has a discretion as to timing, in which case it must exercise its judgment as to the best moment. The Trading Member shall provide Constituent with a copy of the trade confirmation slip as generated on the Trading System forthwith on execution of the trade, if so desired by the Constituent. The Trading Member shall at all times keep the moneys of the Constituent in a separate bank account. Where the Trading Member is required to pay margin money on transaction executed on behalf of the Constituent, it shall collect the same from the Constituent in such form and manner as may be prescribed by NCDEX.

    Where the Constituent requires an executed trade to be cancelled, the Trading Member shall obtain a written request for trade cancellation from the Constituent. In all instances of trade cancellation requests, the member shall explain to the Constituent that the right to approve or reject such trade cancellation requests rests with the Exchange. The Trading Member shall make pay out of funds or delivery of commodities, as the case may be, to the Constituent within 24 hours of receipt of the payout from the Exchange.

  3. General Principles
    1. Professionalism
      A Trading Member in the conduct of his business, shall observe high standards of commercial honor of just and equitable principles of trade.

    2. Adherence to Trading Practices:
      Trading Members shall adhere to the Rules, Regulations and Byelaws of the Exchange and shall comply with such operational parameters, rulings, notices, guidelines and instructions of the Relevant Authority as may be applicable from time to time.

    3. Honesty and Fairness:
      In conducting his business activities, a Trading Member shall act honestly and fairly, in the best interests of his Constituents.

    4. Capabilities:
      A Trading Member shall have and employ effectively the resources and procedures, which are needed for the proper performance of his business activities.

  4. Trading Principles
    1. Trading Members shall ensure that the fiduciary and other obligations imposed on them and their staffs by the various statutory Acts, Rules and Regulations are complied with.
    2. Trading Members shall ensure -
      • that any employee who commits the Trading Members to a transaction has the necessary authority to do so
      • that employees are adequately trained in operating in the relevant market segment in which they deal, are aware of their own, and their organization's responsibilities as well as the relevant Statutory Acts governing the Trading Member, the Rules, Regulations and Byelaws of the Exchange including any additions or amendments thereof.
      • Trading Member shall be responsible for all the actions including trades originating through or with the use of all following variables - Trading Member Id, User Id, valid User password at that point of time. However if the Trading Member satisfies the Exchange that the action(s) and /or trade(s) took place due to fraud or misrepresentation by any other person other than his authorized person(s) and that the action(s) and/or trades did not originate from any of his approved workstations, the Exchange may issue such directions as it considers just and reasonable. The directions may include referring the matter to arbitration and/or annulment of trade(s) so effected.
        When entering into transactions on behalf of Constituents, the Trading Members shall ensure that they abide by the Code of Conduct and regulations as enumerated in the current chapter of these regulations.
      • No Trading Member or person associated with a Trading Member shall make improper use of Constituent's commodities or funds.
      • No Trading Member shall publish and circulate or cause to be published or circulated, any notice, circular, advertisement, newspaper article, investment service or communication of any kind which purports to report any transaction as a purchase or sale of any commodity unless such Trading Member can establish if called for that such transaction was a bonafide purchase or sale of such contract or which purports to quote the purchase/sale price for any contract such Trading Member can establish if called for that such quotation represents a bonafide order of such derivatives contracts
      • When entering into or arranging transactions, Trading Members must ensure that at all times great care is taken not to misrepresent in any way the nature of transaction.
      • No Trading Member shall exercise any discretionary power in a client's account unless such client has given prior written authorization to a stated individual or individuals and the account has been accepted by the Trading Member, as evidenced in writing by the Trading Member.
        A Trading Member shall not act as a principal or enter into any agreement or arrangement with a client or client's agents, employees or any other person connected to the client, employee or agency, whereby special or unusual rates are given with intent to give special or unusual advantage to such client for the purpose of securing his business.
      • The Trading Member shall not disclose the name and beneficial identity of a Constituent to any person except to the Exchange, Clearing House, Regulator, and concerned Clearing Member any enquiry or inspection authority as required by law as and when asked for and as may be required by the Exchange from time to time.

  5. General Guidelines
    A Trading Member shall desist from the following trading practices while conducting business on the Exchange.

    1. Shielding or Assisting:
      No Trading Member shall shield or assist or omit to report any Trading Member whom he has known to have committed a breach or evasion of any Rules, Bye-Laws or Regulations of the Exchange or of any resolution, order, notice or direction there under of the Governing Board or the Managing Director or of any committee or officer of the Exchange authorized in that behalf.

    2. Misleading Transactions:
      A Trading Member shall not- (i) make bids and/or offers for commodities with an intention of creating a false or misleading appearance with respect to the market for, or the price of any commodity or; (ii) make a transaction or give an order for the purchase or sale of commodities, the execution of which would involve no change of beneficial ownership, unless the Trading Member had no knowledge that the transaction would not involve a change in the beneficial ownership of derivatives contracts

    3. Use of information obtained in Fiduciary Capacity:
      A Trading Member who in the capacity of paying agent, transfer agent, trustee, or in any other similar capacity, has received information as to the ownership of derivatives contracts, shall under no circumstances make use of such information for the purpose of soliciting purchases and sales.

  6. Unfair Trading Practices
    No Trading Member shall buy, sell or deal in Derivatives Contracts in a fraudulent manner, or indulge in any unfair trade practices including market manipulation Without prejudice to the generality of the provisions contained, no Member shall indulge in market manipulation: Effect, take part either directly or indirectly in transactions, which are likely to have effect of artificially, raise or depress the prices of Spot / Derivatives Contracts

    Indulge in any act, which is calculated to create a false or misleading appearance of trading, resulting in reflection of prices, which are not genuine

    No Trading Member shall buy, sell commodities / contracts on his own behalf or on behalf of a person associated with him pending the execution of the order of his Constituent or of his company or director for the same contract
    Delay the transfer of commodities in the name of the transferee Indulge in falsification of his books, accounts and records for the purpose of market manipulation

    When acting as an agent execute a transaction with a Constituent price other than the price at which it was executed on the exchange

    Either takes opposite position to an order of a Constituent or shall execute opposite orders which he is holding in respect of two Constituents except in the manner laid down by the Exchange National Commodity & Derivatives Exchange Limited

  1. Records, Annual Accounts & Audit
    1. Records
      Every Trading Member shall comply with all relevant statutory Acts, including Forward Contracts (Regulation) Act, 1952 and Rules, Regulations and guidelines there under, and the requirements of and under any notifications, directives and guidelines issued by the Central Government and any statutory body or local authority or any body or authority acting under the authority or direction of the Central Government relating to maintenance of accounts and records.
      In addition to the requirements as per Regulation above, every Trading Member of the Exchange shall comply with the following requirements and such other requirements as the Exchange may from time to time notify in this behalf relating to books of accounts, records and documents in respect of his membership and trading on the Exchange.
      Every Trading Member of the Exchange shall maintain the following records relating to its business for a period of five years either in hard form or non-temperable soft form:

      1. Statements of fund and commodities obligations received from the clearinghouse.
      2. Records in respect of Premium / Discount and final settlement amounts including taxes and charges on commodities of constituents.
      3. Records in respect of brokerage collected separately from Constituents.
      4. Register of transaction (or other records of original entry) containing an itemized daily record of all purchases and sales of commodities / contract, showing for each such transaction effected, the name of commodities, value of commodities, rates both gross and net of brokerage and name of Constituents.
      5. Register or Ledger Account of Commodities, Constituent wise and Commodity wise, giving, inter alias, the following details viz. date of receipt of the Commodity, quantity received, party from whom received, purpose of receipt, date of delivery of the Commodity, quantity delivered, party to whom delivered and purpose of delivery and a separate register or ledger in respect of its own commodities or in the manner as may be specified by the Exchange.
      6. Register or Ledger Account of Commodities, Constituent wise and Commodity wise, giving, inter alias, the following details viz. date of receipt of the Commodity, quantity received, party from whom received, purpose of receipt, date of delivery of the Commodity, quantity delivered, party to whom delivered and purpose of delivery and a separate register or ledger in respect of its own commodities or in the manner as may be specified by the Exchange.
        Every Trading Member of the Exchange may for the purpose of better internal control and management, if it so desires, also maintain the following records relating to its business

        • Order confirmation slips, Order modification slips as obtained from the trading system of the Exchange
        • Trade confirmation slips as obtained from the trading system of the Exchange
        • Record of all statements received from the settling agencies and record of all correspondence with them.
        • Order Book reflecting the following:

          • identity of person receiving the order
          • date and time of order received
          • name of person placing the order
          • name of Constituent, description and value of securities to be bought and sold
          • terms and conditions of the order stating particularly price/rate limit
          • or price/rate related instructions and time limit on the order (if any)
          • the Trading system order number as per the trading system of the Exchange or Trading Member order number as the case may be.
          • any modification or cancellation thereof including cases when it is cancelled by the system or cancelled due to maturity of an instrument.
          • if executed, the price/rate at which executed and to the extent feasible, the time of execution or cancellation and trade number as per the trading system of the Exchange.
          • reference number of the contract issued in case of executed orders.
          • orders entered pursuant to the exercise of discretionary power shall be so designated.
          • entries of orders shall be serially numbered.

    2. Reports produced from the trading system like Order log and Trades Done Today
    3. Copies of all instructions obtained in writing from Constituents including Participants for an order placement, order modification, order cancellation, trade cancellation, etc.
    Trading Members shall maintain and preserve for a period of seven years a mapping of client IDs used at the time of order entry in the trading system with those unique client IDs along with client name, address and other particulars given in the Know Your Client form.

    1. Every Trading Member shall keep such books of accounts, as will be necessary, to show and distinguish, in connection with his business as a Trading Member:
      • The moneys received from or on account of and moneys paid to or on account of each of his clients and,
      • The moneys received and the moneys paid on Trading Member's own account.
    2. It shall be compulsory for all Trading Members to keep the money of the clients in a separate account and their own money in a separate account. No payment for transaction in which the Trading Member is taking a position as a principal will be allowed to be made from the client's account.
    3. The transfer from client's account to Trading Member's account shall be allowed under circumstances enumerated below:

    • Obligation to pay money into "Clients account":
      Every Trading Member who holds or receives money on account of a client shall forthwith pay such money to current or deposit account at bank to be kept in the name of the Member in the title of which the word "Clients" shall appear (hereinafter referred to as "Clients Account"). Trading Member may keep one consolidated clients account for all the clients or accounts in the name of each client, as he thinks fit; provided that when a Trading Member receives a cheque or draft representing in part money belonging to the client and in part money due to the Trading Member, he shall pay the whole of such cheque or draft into the clients account and effect subsequent transfer as laid down below in para (iii. B).

    • Moneys to be paid into "clients account":
      No money shall be paid into clients account other than:
      • A. money held or received on account of clients;
      • such moneys belonging to the Trading Member as may be necessary for the purpose of opening or maintaining the account;
      • money for replacement of any sum, which may by mistake or accident have been drawn from the account;
      • a cheque or draft received by the Trading Member representing in part money belonging to the client and in part money due to the Trading Membe

    • Moneys to be withdrawn from "clients account":
      • money held or received on account of clients;
      • such moneys belonging to the Trading Member as may be necessary for the purpose of opening or maintaining the account;
      • money for replacement of any sum, which may by mistake or accident have been drawn from the account;
      • a cheque or draft received by the Trading Member representing in part money belonging to the client and in part money due to the Trading Member.

    • Moneys to be withdrawn from "clients account":
      No money shall be drawn from clients account other than -
      • money properly required for payment to or on behalf of clients for or towards payment of a debt due to the Member from clients or money drawn on client's authority, or money in respect of which there is a liability of clients to the Trading Member, provided tat money so drawn shall not in any case exceed the total of the money so held for the time being for such each client;
      • A. money properly required for payment to or on behalf of clients for or towards payment of a debt due to the Member from clients or money drawn on client's authority, or money in respect of which there is a liability of clients to the Trading Member, provided tat money so drawn shall not in any case exceed the total of the money so held for the time being for such each client;

    • Right to lien, set-off etc., not affected:
      Every Trading Member shall send to his Constituents a complete 'Statement of Accounts' for both funds and commodities in such periodicity not exceeding six months within a month of the expiry of the said period. The Statement shall also state that the client shall report errors, if any, in the Statement within 30 days of receipt there of to the Trading Member.
      The Trading Members shall keep a separate ledger account for each client in respect of the transactions on the Exchange and shall not mingle such account with the account of the client in respect of transactions of any other stock exchange or any other transaction, which the Trading Member may enter into with such client

    Every Trading Member shall maintain permanently copies of agreements executed with each of its Constituent in accordance with the Exchange requirements.

    Every Trading Member shall maintain permanently copies of agreements executed with each of the settling agencies or banks.

    Every Trading Member shall maintain record of all relevant particulars of persons, which are approved as Users by the Exchange.

    Every Trading Member shall maintain originals of all communications received and copies of all communications sent by such Trading Member (including interoffice memo and communications) relating to its business as such.

    Every Trading Member shall maintain all guarantees of accounts and all powers of attorney and other evidence of the granting of any discretionary authority given in respect of any account and copies of resolutions empowering an agent to act on behalf of a Trading Member
    Every Trading Member shall maintain all written agreements (or copies thereof) entered into by that Trading Member relating to its business as such, including agreements with respect to any account.

    Every Trading Member shall preserve for a period of not less than six years after the closing of any Constituent's account any records which relate to the terms and conditions with respect to the opening and maintenance of such account, date of entering into agreement with the Constituent, date of modification thereof, date of termination and representatives of such Constituent who signed in each case.

    A Trading Member shall intimate to the Exchange the place where these records are kept and available for audit/inspection.

    The above requirements relating to maintenance of records shall apply not only to records of the Trading Member's principal office but also to those of any branch office and to any nominee company owned or controlled by a Trading Member for the purpose of conducting the business of the Trading Member.

    Each Trading Member shall keep and preserve a record of all written complaints of its Constituents showing the reference number of Constituent, date, Constituent's name, particulars of the complaints, action taken by the Trading Member, if the matter is referred to arbitration to the Exchange then the particulars thereof.

    Every Trading Member shall maintain details of securities which are the property of a Trading Member showing with whom they are deposited and if held otherwise than by the member, whether they have been lodged as collateral security for loans or advances.

    Every Trading Member shall keep copies/duplicates of Contract Notes issued by the Trading Member and details of any statements, which are required by these Rules to appear on Contract Notes.

    1. Annual Accounts and Audit
      1. Each Trading Member shall prepare annual accounts for each financial year ending on 31st March or such other date as advised to the Exchange.
      2. he Assets and Liabilities of the Trading Member's business shall be brought into account in the balance sheet at such amounts and shall be classified and described therein in such manner that the balance sheet gives a true and fair view of the state of affairs of such business as at the date to which it is made up.
      3. Each Trading Member shall furnish to the Exchange, its audited financial statement and such report shall be furnished not later than six months after the end of the Trading Member's financial year, provided that when the Exchange is satisfied that circumstances warrant an extension of time is necessary to furnish such report, it may grant an extension of such time as it may deem fit.
  1. Types Of Deals
    1. Deals, Transactions, Dealings And Contracts
      For the purpose of these Regulations the terms 'deals', 'transaction','dealing', and 'contract' shall have one and the same meaning unless the context indicates otherwise.

    2. Extension Or Postponement Of Contracts By The Exchange
      Notwithstanding anything to the contrary contained in these Regulations, NCDEX may from time to time extend or postpone the time for performance of contracts in any commodity or commodities whenever in its opinion such action is called for and any such opinion of NCDEX shall be final and binding.

  2. Procedure For Settlement Of Deals
    1. Eligibility Of Deals For Settlement
      All deals executed on the Exchange shall be cleared and settled by the Trading Members on the Settlement Date by the Trading Members themselves as Clearing Members or through other Professional Clearing Members in accordance with these Regulations, Bye Laws and Rules of the Exchange.

    2. Last Day of Trading
      Last trading day for a derivative contract in any commodity would be the date as specified in the respective Contract specification. If the last trading day as specified in the respective commodity contract is a holiday, the last trading day shall be the previous/next trading day or such other day as may be notified by the Exchange.
      Three trading days prior to the expiry date of Contracts (inclusive of the expiry date) or any other period(s) as may be prescribed by the Relevant Authority form time to time, the Trading Members/Clearing Members shall give delivery information as prescribed by the Exchange from time to time and in the event of failure of any Trading Member/Clearing Member to submit such information during the said period for the corresponding Contracts, the deals shall have to be settled as per the Settlement Calendar applicable to such deals, in cash together with penalty as may be stipulated by the Exchange from time to time.

    3. Delivery
      On the Expiry date of Contracts, the Trading Members/Clearing Members shall give delivery information as prescribed by the Exchange from time to time and in the event of failure of any Trading Member/Clearing Member to submit such information during the trading hours on the Expiry date for the corresponding Contracts, the deals shall have to be settled as per the Settlement Calendar applicable to such deal, in cash together with penalty as may be stipulated by the Exchange from time to time.
      Last trading day for a Derivative Contract in any Commodity would be the date as specified in the respective Commodity Contract and if the Last trading day as specified in the respective commodity contract is holiday, the last trading day shall be the previous working day of Exchange.

      1. Through Clearing House
        Three trading days prior to the expiry date of Contracts (inclusive of the expiry date) or any other period(s) as may be prescribed by the Relevant Authority form time to time, the Exchange would provide during the trading hours, a window on its Trading System for members to submit delivery information for all their open positions. On the expiry date, the window would be closed at such time, as may be prescribed by the relevant authority from to time.
        After the trading hours on the expiry date, based on the available information, the matching for deliveries would take place firstly, on the basis of locations and then randomly keeping in view the factors such as available capacity of the vault/warehouse, commodities already deposited and dematerialized and offered for delivery and any other factor as may be specified by the Exchange from time to time. Matching done by aforesaid process shall be binding on the Clearing Members. After completion of the matching process, Clearing Members would be informed of the deliverable / receivable positions and the unmatched positions. Unmatched positionsshall have to be settled in cash. The cash settlement would be only for the incremental gain / loss as determined on the basis of Final Settlement Price. All matched and unmatched positions shall be settled in accordance with the applicable Settlement Calendar

      2. Outside Clearing House
        The Exchange may allow an alternate mode of settlement between the Constituents directly provided that both the Constituents through their respective Clearing Members notify the Exchange before the closing of trading hours on the expiry date, their preferred identified counter-party and deliverable quantity, along with details as may be prescribed by the Exchange. The Exchange shall not be responsible or liable for such settlement or any consequence of such alternate mode of settlements. If the information provided by the buyer / seller Clearing Members fail to match, then the open position would be settled in cash together with penalty as may be stipulated by the Exchange from time to time.
        On the expiry date, during the trading hours, the Exchange would provide a window on Trading System to submit delivery information for all open positions.

      3. Early Pay-In
        The Clearing Members may be allowed to deliver their obligations before the Pay in date as per applicable Settlement Calendar, to the Clearing House whereby the Clearing House may reduce the margin requirement to that extent.

      4. Additional Credit/Debits
        The Exchange may specify the parameters and methodology for Premium / discount, as the case may be, from time to time for the quality/quantity differential, sales tax, taxes, government levies/fees if any. Pay in/Pay out for such additional obligations shall be settled on the Supplemental Settlement Date as specified in the Settlement Calendar.

    4. Procedure For Payment Of Sales Tax/Vat
      Exchange shall prescribe procedure for payment of Sales Tax/VAT or anyother state/local/Central tax/fee applicable to the deals culminating into sale with physical delivery of commodities.

      1. Registration With Sales Tax Authorities
        All Members shall ensure that their respective Constituents, who intend to take or give delivery of commodity, are registered with Sales Tax authorities of all such States in which Exchange has a Delivery center for particular commodity in which Constituent has or expected to have or deemed to have open positions. Members shall maintain records/details of Sales Tax registration of each of such Constituent and furnish the same to the Exchange as and when required.

      2. Payment Of Sales Tax/Vat
        Seller shall be responsible for payment of Sales Tax/VAT, however The Seller shall be entitled to recover from the buyer, the sales tax and other taxes levied under the local State sales tax law to the extent permitted by law. In no event the Exchange/Clearing House shall be liable for payment of Sales Tax/VAT or any other local tax, fees,