Penalties
The following penal charges are levied for failure to pay funds/ settlement obligations:
A penal charge will be levied on the amount in default as per the byelaws relating to failure to meet obligations by any Clearing Member.
| Type of Default | Penalty Charge per day | Chargeable to |
|---|---|---|
| Overnight settlement shortage of value more than Rs.5 lakhs | 0.07% | Clearing Member |
| Security deposit shortage | 0.07% | Clearing Member |
| Shortage of Capital cushion | 0.07% | Clearing Members |
Violations if any by the custodial participants shall be treated in line with those by the trading member and accordingly action shall be initiated against the concerned clearing member.
The following penalty shall be levied in case of short reporting by trading/clearing member per instance.
| Short collection for each client | Penalty percentage |
|---|---|
| (< Rs 1 lakh) And (< 10% of applicable margin) | 0.5% |
| (= Rs 1 lakh) Or (= 10% of applicable margin) | 1.0% |
If short/non-collection of margins for a client continues for more than 3 consecutive days, then penalty of 5% of the shortfall amount shall be levied for each day of continued shortfall beyond the 3rd day of shortfall.
If short/non-collection of margins for a client takes place for more than 5 days in a month, then penalty of 5% of the shortfall amount shall be levied for each day, during the month, beyond the 5th day of shortfall.
Notwithstanding the above, if short collection of margin from clients is caused due to movement of 3% or more in the Nifty 50 (close to close) on a given day, (day T), then, the penalty for short collection shall be imposed only if the shortfall continues to T+2 day.
All instances of non-reporting are treated as 100% short reporting for the purpose of levy of penalty.
Penalty for margin / limit violation is levied on a monthly basis based on slabs as mentioned below or such other amount as specified by the Clearing Corporation from time to time.
| Instances of Disablement | Penalty to be levied |
|---|---|
| 1st instance | 0.07% per day |
| 2nd to 5th instance of disablement | 0.07% per day + Rs.5,000/- per instance from 2nd to 5th instance |
| 6th to 10th instance of disablement | 0.07% per day + Rs.20,000/- ( for 2nd to 5th instance) + Rs.10000/- per instance from 6th to 10th instance |
| 11th instance onwards | 0.07% per day + Rs.70,000/- ( for 2nd to 10th instance) + Rs.10,000/- per instance from 11th instance onwards. Additionally, the member will be referred to the Disciplinary Action Committee for suitable action. |
Instances as mentioned above refer to all disablements during market hours in a calendar month. The penal charge of 0.07% per day is applicable on all disablements due to margin violation anytime during the day.
In case of violation of FII/Mutual Fund limits a penalty of Rs. 5,000/- would be levied for each instance of violation.
In case of open position of any Client/NRI/sub-account of FII/scheme of MF exceeding the specified limit following penalty would be charged on the clearing member for each day of violation:
1% of the value of the quantity in violation (i.e., excess quantity over the allowed quantity, valued at the closing price of the security in the normal market of the Capital Market segment of the Exchange) per client or
Rs.1,00,000 per client, whichever is lower, subject to a minimum penalty of Rs.5,000/- per violation / per client.
When the client level/NRI/sub-account of FII/scheme of mutual fund violation is on account of open position exceeding 5% of the open interest, a penalty of Rs.5000 per instance would be levied to the clearing member.
At the end of each day during which the ban on fresh positions is in force for any security, when any member or client has increased his existing positions or has created a new position in that security the client/trading members will be subject to a penalty 1% of the value of increased position subject to a minimum of Rs.5000 and maximum of Rs.100000. The positions, for this purpose, will be valued at the underlying close price.
Updated on: 03/01/2023
