Regulation 73 repeals specified market infrastructure, depository and IFSC regulatory provisions upon commencement of the 2021 Regulations. Depository participant and issuer provisions continue to apply in an IFSC. Prior actions under the displaced framework are preserved and deemed to have been taken under corresponding provisions of the 2021 Regulations. A specified circular is superseded, while other applicable circulars and guidelines remain in force until replaced by regulations, circulars or guidelines issued by the Authority.

The Authority may prescribe, through circulars, norms, procedures, processes, manners and guidelines for market infrastructure institutions to implement the regulatory framework and address incidental matters. The power permits operational specification of requirements and clarification of implementation arrangements, including processes and methods to be followed where matters are provided for under the regulations and connected with their implementation.

Relaxation of regulatory requirements may be granted by the Authority in the interest of developing and regulating financial services in an IFSC. A request must be made through an application stating the relevant details and grounds and accompanied by a non-refundable fee of USD 1500. A complete application must be processed within thirty days, with reasons recorded for acceptance or refusal. Reasons for rejection must be communicated to the applicant.

Power to remove difficulties authorises the Authority to issue directions through guidance notes or circulars where difficulties arise in interpreting or applying the Market Infrastructure Institutions Regulations, 2021.

69. The Authority shall be entitled to recover from the recognised market infrastructure institution such expenses including fees paid to the auditors as may be incurred by it for the purposes of inspecting or investigating the books of account, records, documents, infrastructures, system and procedures of a recognised market infrastructure institution. =============... ... ...

68. The Authority shall have the power to appoint an auditor to inspect or investigate, into the books of account, records, documents, infrastructures, systems and procedures or affairs of a recognised market infrastructure institution. =============... ... ...

67. Without prejudice to the exercise of its powers under the provisions of the IFSCA Act and rules and regulations made thereunder, the Authority may, either suo motu or on receipt of any information or during pendency of any inspection, inquiry or investigation or on completion thereof, in the interest of public or trade or investors or the securities market in an IFSC, issue such directions as it deems fit. =============... ... ...

66. (1) The Authority may at any time undertake inspection, conduct inquiries and audit of any market infrastructure institution, its associates or any of its shareholders. (2) Where an inspection is undertaken by the Authority, every manager, director, managing director, chairperson, officer and other employee of such market infrastructure institution, shareholder or associate shall cooperate with the Authority. (3) The Authority shall after consideration of inspection or investigatio... ... ...

65. The Authority may at any time call for any information, documents or records from a recognised market infrastructure institution, or their governing board or any shareholder thereof. =============... ... ...

64. (1) A recognised market infrastructure institution shall furnish such returns, statements and particulars, in the manner as may be specified by the Authority. (2) A recognised market infrastructure institution shall furnish to the Authority its annual financial statements and returns by the thirtieth of September of every year: Provided that a recognised stock exchange and a recognised clearing corporation shall include in its report information required as per rule 17 and 17A of t... ... ...

63. (1) A recognised market infrastructure institution shall appoint a compliance officer who shall be responsible for monitoring the compliance of the applicable laws including securities laws, compliances with IFSCA Act and rules and regulations made thereunder and for redressal of investors' grievances. (2) The compliance officer shall immediately and independently report to the Authority any noncompliance observed by him. =============... ... ...

62. In addition to the requirements under other laws in force, a market infrastructure institution shall maintain and preserve all the books, registers, other documents and records relating to the issue or transfer of its securities in electronic retrieval form for a minimum of twenty years. =============... ... ...

CHAPTER VI MISCELLANEOUS 61. A recognised market infrastructure institution shall maintain a website or any other universally accessible repository of electronic information to: (a) publish all information that it is obliged to publish under these regulations; (b) provide a copy of all rules, regulations, bye-laws made and all guidance issued, including all amendments therein; (c) provide information about the manner in which applications to be made for membe... ... ...

60. A recognised depository shall ensure equal, unrestricted, transparent and fair access to all persons without any bias towards its associates and related entities. =============... ... ...

59. A recognised depository shall have in its bye-laws, the procedure for creation of pledge by beneficial owners on a security owned by it. =============... ... ...

58. A recognised depository shall extend all such co-operation to the beneficial owners, issuers, issuers' agents, custodians of securities, other depositories and clearing corporations as is necessary for the effective, prompt and accurate clearance and settlement of securities transactions and conduct of business. =============... ... ...

57. (1) A recognised depository shall maintain the following records and documents, namely - (a) records of securities dematerialised and rematerialised; (b) the names of the transferor, transferee, and the dates of transfer of securities; (c) a register and an index of beneficial owners; (d) details of the holding of the securities of beneficial owners as at the end of each day; (e) records of instructions received from and sent to participants, ... ... ...

56. A recognised depository shall have in place Site to maintain data and transaction integrity in the manner as may be specified by the Authority from time to time. =============... ... ...

55. A recognised depository shall have a sound risk management system and infrastructure for comprehensively managing risks. =============... ... ...

54. A recognised depository shall allow any participant to withdraw, or transfer its account, if the request for such withdrawal or transfer is in accordance with conditions stipulated in the bye-laws of the depository. =============... ... ...