Académique Documents
Professionnel Documents
Culture Documents
exchanges etc. To regulate all these malpractices and to provide protection to investors from the
malpractices carried out in securities by the intermediaries and companies, SEBI was established as a
regulatory body. It aims to provide the healthy market to raise funds for issuers, protect the investors
interests by providing the correct and timely information to them so that the steady flow of savings remains
into the capital market and to provide fair and healthy competitive market for intermediaries to grow and
participate in market related activities. However, SEBI had some legal limitations but SEBI is working
hard to ensure that the savings of small investors are not compromised following the chit fund scams that
have shaken investors confidence across the country (Sinha, 2013).
REVIEW OF LITERATURE
Many scholars and researcher have done a lot of valuable work near to the title. Some of the
significant references have been taken before this study.
Babu Jawahar, KVSN., Naidu Damodahr, S. (2012) have studied investor protection measures
taken by SEBI. It is pointed out in the study that SEBI vide different guidelines had make it sure that no
stone remains unturned in the path of the mission of protecting the investors. Investors education
campaigns have been yielding positive results to some extents; still more needs to be done. Indian investors
have been steadily fleeing the market, despite the apparent spread of equity cult which calls for immediate
attention of the apex body to frame and effectively implement the measures to protect the interests of
investors and restore their confidence in the stock market.
Sabinathan, S. (2010), has reviewed SEBIs performance in the eighteen years since its
establishment in its current incarnation as an adequately empowered and independent regulator indicates
that there has been all round improvement in the institutional framework in which the securities trade in
India is conducted. In terms of the functioning of the market, SEBI has mandated an enormous increase in
the flow of information at the time of listing, after listing and related to the trade. The long history of the
functioning of the capital market and securities industry in India suggest that voluntary disclosure may not
have become a pervasive trend and that without a regulatory push, there would have been underproduction
of information. The cost of transaction and the risk of settlement have been minimized making Indian
Stock Exchanges one of the safest and lowest cost securities market in the world. The Indian mechanism
for securities issuance is among the more sophisticated in the world with the introduction of the guidelines
for book building of issue. The study suggests that SEBI has achieved considerable progress in terms of
detecting and disposing of instances of non-compliance or infractions.
Giri Savita, R. (2014) in her study found that SEBI surmounted several obstacles on the way to
development of capital market with due care for investors interest and greater transparency in the affairs of
organization and stock exchanges, though not to the extent of hundred percent. SEBI tried hard to make it
sure that no stone remains unturned in the path of the mission of protecting the investors. Investors
education campaigns have been yielding positive results to some extent, still lot more needs to be done.
OBJECTIVES OF THE STUDY: The present study is undertaken to fulfill the following objectives1.To know about the quantum of grievances received and redressed by SEBI during the period of study.
2.To know about the investigations taken up by SEBI.
3.To know about the nature of investigation taken up by SEBI and action taken by SEBI in these cases.
4.To know about the measures taken by SEBI for investors protection.
RESEARCH METHODOLOGY
Research design and Data collection
The present study is descriptive in nature. It aims to describe the role of SEBI in Investor
protection. Since, SEBI was come into force from 1992 and since, than significant time has been elapsed
and the Government of India was very optimistic regarding the outcomes of such a formation with regard to
investors protection and development of stock markets in India. Hence the outcomes in this period are
quite discussable/ debatable. The present study analyses and describes the same, hence, descriptive
study. The study is based on secondary data published by SEBI. The study mainly focuses on guidelines
issued by SEBI for investor protection and grievances received and redressed by SEBI, action taken by
SEBI and nature of investigation.
Tactful Management Research Journal | Volume 2 | Issue 12 | Sept 2014
Grievances Received
During
Grievances Redressed
Rate (%)
the
Period
Cumulative
Cumulative
2000-01
96913
2242224
85583
2114085
94.3
2001-02
81600
2323824
70328
2184413
94.0
2002-03
37434
2361258
38972
2223385
94.2
2003-04
80422
2441680
64262
2287647
93.7
2004-05
53409
2495089
53282
2340929
93.8
2005-06
40485
2535574
37067
2377996
93.8
2006-07
26473
2562047
17899
2395895
93.5
2007-08
54933
2616980
31676
2427571
92.8
2008-09
57580
2674560
75989
2503560
93.6
2009-10
32335
2706895
42742
2546302
94.1
2010-11
56670
2763565
66552
2612854
94.5
2011-12
46548
2810113
53841
2666695
94.9
2012-13
42411
2852524
54852
2721547
95.4
2013-14
33550
2886074
35299
2756846
95.5
Year
No. of Companies
2010-11
42
2011-12
61
2012-13
10
40
2013-14
20
120
Year
Cases Completed
2000-01
68
46
2001-02
111
29
2002-03
125
106
2003-04
121
152
2004-05
130
179
2005-06
159
81
2006-07
120
102
2007-08
25
169
2008-09
76
83
2009-10
71
74
2010-11
104
82
2011-12
154
74
2012-13
155
119
2013-14
108
120
G.Total
1527
1416
Particulars
Market
Manipulation
and
Price
Rigging
200001
200102
200203
200304
200405
200506
200607
200708
200809
200910
201011
201112
201213
201314
47
86
95
96
110
137
95
12
52
44
56
73
86
67
Issue
related
Manipulation
35
43
Insider Trading
16
13
14
18
14
10
28
24
11
13
Takeovers
Misc.
1
9
1
7
9
6
2
7
1
10
4
15
2
5
2
4
3
5
2
13
4
10
2
20
3
12
6
16
G.Total
68
111
125
121
130
165
120
25
76
71
104
154
155
108
8
4
3
4
46
200102
200203
200304
200405
200506
200607
200708
200809
200910
201011
201112
201213
201314
11
72
122
148
62
77
115
62
46
51
37
41
73
0
6
1
3
21
8
14
7
5
106
3
9
3
15
152
2
10
2
17
179
1
8
3
7
81
4
10
3
8
102
3
28
2
21
169
1
12
1
7
83
7
10
5
6
74
2
15
4
10
82
4
21
2
10
74
52
14
2
10
119
12
13
6
16
120
200001
1
200102
1
200203
11
200304
3
200405
3
200506
2
200607
0
200708
0
200809
0
200910
0
201011
5
201112
0
201213
3
201314
1
Suspension
42
43
42
36
52
44
46
48
36
16
31
36
62
22
53
71
27
48
179
37
17
951
77
449
Prohibitive
directions issued
under Section 11B
of SEBI Act
21
98
140
106
134
632
345
537
230
691
268
487
168
270
Issues
refunded/option
given/ others
156
63
32
485
707
G.Total
39
143
257
174
232
741
424
629
461
932
389
1486
764
1436
Particulars
Warning
Warning
Issued
Issued/
Letter
270 prohibitive directions under Section 11B of SEBI ACT during the year 2013-14 whereas in 2012-13,
the number was 168. These directions have the strong and salutary effect of deterrence and also act as an
effective tool to deal with emergent situations requiring a timely and faster response. Similarly SEBI has
issued 449 warning letters to various companies during the year 2013-14.
Table 6. Trends in Awareness Programmes/Workshops and Regional Seminars Conducted by
SEBI
Particulars
2011-12
2012-13
2013-14
206
224
47
44
77
?
Issuer company can mention a price band of 20 percent (cap in the price band should not be more than 20
percent of the floor price) in the offer documents filed with the Board and actual price can be determined at a
later date before filling of the offer document with Registrar of Companies (ROC).
?
It provides guidelines for promoters contribution in a public issue by unlisted companies, listed
companies and in case of offer for sale to the tune of 20 percent of the Post issue capital. However, the
requirement of promoters contribution shall not be applicable in case of public issue of securities by a
company which has been listed on a stock exchange for at least 3 years and has a track record of dividend
payment for at least 3 immediately preceding years. The lock in period for promoters contribution will be
of 3 years.
?
It provides guidelines to submit Due Diligence Certificate by Lead Merchant Banker to the Board as
specified in Schedule III along with the draft.
?
It provides detailed guidelines about contents of Prospectus and offer documents to safeguard the interest
of investors.
?
The detailed guidelines regarding issue of Indian Depository Receipts (IDR) are given in Chapter VI A of
these guidelines.
?
It contains provisions related to submission of Post-Issue Monitoring Reports as per formats specified in
Schedule XVI by Lead Merchant Bankers. These reports shall be submitted within 3 working days from
the due dates. Also the 50 Days Post-Issue Monitoring Report is to be submitted with the Board. The Lead
Merchant Banker shall file a post issue due diligence certificate in the format given in Schedule XVI-A
alongwith final Post-Issue Monitoring Report.
?
The post issue Lead Merchant Banker shall actively associate itself with post-issue activities namely
allotment, refund, dispatch and giving instructions to self certified syndicate banks and shall regularly
monitor redressal of investor grievances arising there from.
?
The post issue Lead Merchant Banker shall ensure that money received pursuant to the issue is kept in a
separate bank (i.e. Banker to an issue) as per provisions of section 73 (3) of the Companies Act 1956 and is
released by the said bank only after the listing permission under the said section has been obtained from all
the stock exchanges where the securities was proposed to be listed as per the offer document.
?
Post-Issue Lead Merchant Banker shall ensure that in all issues, advertisement is made with details
relating to oversubscription, basis of allotment, number, value and percentage of all applications including
Applications Supported by Blocked Amount(ABSA), number, value and percentage of successful allottees
for all applications including Applications Supported by Blocked Amount, date of completion of dispatch
of refund orders/instructions to self certified syndicate banks by the Registrar, date of dispatch of certificate
and date of completion of the various activities at least in an English National Daily with wide circulation,
one Hindi National Paper and a Regional Language Daily circulated at the place where registered office of
the issuer company is situated.
?
It provides guidelines for reservation for Retail Investors in a public issue to the tune of 50 percent of the
total issue. The provisions for reservation for different category of investors are also given in these
guidelines in case of allotment by book building process is made.
?
Subscription list for public issue shall be kept open for at least 3 working days and not more than 10
working days. Right issue shall be kept open for at least 15 days and not more than 30 days.
?
The quantum of issue whether through a rights or a public issue, shall not exceed the amount specified in
the prospectus/letter of offer.
?
The issuer has the option to have a public issue underwritten by the underwriter.
?
The issuer shall not offer any incentive to the prospective investor by way of medical insurance scheme,
lucky draw and prizes etc.
?
The lead managers shall ensure adequate disclosure in the offer documents, more particularly relating to
the terms and conditions, redemption, security, conversion and any other relevant features of any new
financial instruments such as Deep Discount Bonds, Debentures with warrants, Secured Premium notes
etc.
?
An issuer company making a public offer of equity share can avail of the Green Shoe Option (GSO) for
stabilizing the post listing prices of its shares, subject to the provisions of these guidelines.
?
An issue advertisement shall be truthful, fair and clear and shall not contain any statement which is untrue
or misleading.
?
No company shall issue a prospectus or a letter of offer to the public for subscription of its debentures,
unless the company has appointed one or more debenture trustees for such debentures in accordance with
the provisions of the Companies Act, 1956.
?
For the redemption of the debentures issued, the company shall create Debenture Redemption Reserve in
accordance with the provisions of the Companies Act, 1956.
?
A company proposing to issue capital to public through the on-line system of the Stock Exchange for offer
convertible debentures are given in these guidelines to safeguard the interests of investors.
?
Foreign Portfolio Investors Regulations were notified in order to harmonize the different routes for foreign
portfolio investment along-with introduction of Institutional Trading Platform (ITP) for SME including
startups, adoption of new CPSS-IOSCO standards of PFMIs, launch of Cash Settled Interest Rate Futures,
Dedicated Debt Segments etc.
Further, with a view to streamline the investors grievance mechanism and the arbitration
mechanism at the stock exchanges, SEBI has provided the following measures: 1.The jurisdiction for appealing before the courts has been widened.
2.Starting of automatic process for selection of arbitrators from common pool of arbitrators without any
interference.
3.The number of investor service centers facilitating arbitration is increased from 8 to 16.
4.Facilitation desk have been installed at all investors service centres to assist investors in obtaining
documents/details from stock exchanges.
5.The fee for appeal with claim/counterclaim upto Rs. 10 Lacs is reduced from Rs. 30,000 to Rs. 10,000 to
unburden the investors.
6.15 days time limit has been set for stock exchanges to redress the investors grievances.
?
Stock exchanges have been advised to give interim monetary relief to investors with claim value upto Rs.
10 Lacs from Investor Protection Fund during the course of proceedings.
?
The SCORES system for online lodging of complaints and for redressal of complaints is established and is
working effectively.
?
Investor Protection and Education Fund was established on July 23, 2007 with an initial capital of Rs. 10
crore from the SEBIs General Fund. This fund is used for various educational and awareness activities,
funding investor education and awareness activities of investor association, aiding recognized investor
association to undertake legal proceedings in the interest of investor; refund of security deposit held by
stock exchanges and transferred to IPEF consequent to de-recognition after fulfilling condition for release
of deposit etc.
?
At SEBI, the Integrated Surveillance Department monitors market activities through its market alert
systems and is in charge of overall market surveillance. Effective market surveillance aims to facilitate
orderly markets by safeguarding the integrity of market and can achieve investor confidence and for
development of market.
To protect investors and market from fraudulent activities, SEBI tightened norms for moneypooling schemes and decided to keep serious offences out of its settlement mechanism. The new
regulations-pertaining to these areas also facilitate refund of small investors who suffers losses due to
irregularities in the market. With regard to Collective Investment Schemes (CIS), it would be compulsory
for all transactions to be conducted through cheque, draft or other banking channels and not in cash. Apart
from making the fund-raising activities of CIS more transparent, the move would make it easier to identify
the real investors involved in such schemes. In recent times, many cases of investors getting duped by
fraudulent money pooling schemes have come to light. For starting a CIS, a person needs to make an
application for registration as Collective Investment Management Company. The set of new norms is
called the SEBI (Collective Investment Schemes) (Amendment) Regulation, 2014. These rules are related
to an ordinance promulgated for the second time in September that provides for regulations of pooling of
funds under any scheme or arrangement, involving a corpus of Rs. 100 Crore or more and are deemed to be
a CIS. Further, stricter set of settlement norms have been notified. Under them, entities charged with
committing serious offences like illegal money pooling, insider trading and fraudulent trades would not be
able to settle them anymore. The new regulations have been notified with retrospective effect from April
20, 2007, the day when SEBIs existing consent settlement system was introduced.
The norms under SEBI (Settlement of Administrative and Civil Proceedings) Regulations, 2014
also provides for guiding factors for dealing with the settlement process, while serious offences such as
Insider Trading are excluded from the scope of settlement meanwhile, to help aggrieved investors, the
market regulator has notified new rules that allows it to utilize Investor Protection and Education Fund to
refund their money. This would be done in certain cases on it deems fit restitution to eligible and
Tactful Management Research Journal | Volume 2 | Issue 12 | Sept 2014
identifiable investors who have suffered losses resulting from violation of securities laws.
CONCLUSION
SEBI has left no stone unturned for the safeguard of investors from the malpractices and
fraudulent practices of Issuers and market Intermediaries. SEBI is redressing the investors grievances by
carrying out investigation and action has been taken in case the grievances are not redressed by the
concerned quarter within the time frame. SEBI has issued various guidelines which are amended from time
to time to cope with the problems arises during the course to ensure that the savings of investors may remain
safe and to maintain the investors confidence across the country. However, SEBI is not fully successful in
its mission as evident from the report of Swaroop committee report which states that the investor population
in our country has declined from 20 million in the 1990s to just over 8 million in 2009. The main reasons for
this steep fall in investor population can be attributed to the rampant malpractices observed in the capital
market, the short changing of investors at various levels and the absence of any mechanism for expeditious
and satisfactory disposal of investor complaints in a time bound manner.
REFERENCES
1.Babu, J.K.V.S.N. & Naidu, D.S. (2012). Investor Protection measures by SEBI. Arth Prabhand: A Journal
of Economics and Management, 1(8), 72-80.
2.Giri, S.R. (2014). Investors protection in Stock Market: A roll of SEBI. Golden Research Thoughts, 3
(11), 1-7.
3.Sabrinathan, S. (2010). SEBIs regulation of the Indian Securities Market: A critical review of the major
development. Vikalpa, 35(4), 13-26.
4. What is the role/contribution of SEBI in Investor Protection. (2012). Retrieved Aug. 25, 2014, from
http://www.bms.co.in/what-is-the-rolecontribution-of-sebi-in-investor-protection/.
5.SEBI working hard to protect Investors interest. (2013). Retrieved Aug. 26, 2014, from
http://www.thehindu.com/news/national/sebi-working-hard-to-protect-investors-interestsinha/article4672931.ece.
6.Is Investor protection a myth? Why is SEBI dragging its feet on the ombudsman after notifying it in
2003. (2011). Retrieved 23 Aug, 2014, from http://www.moneylife.in/article/is-investor-protection-amyth-why-is-sebi-dragging-its-feet-on-the-ombudsman-after-notifying-it-in-2003/19323.html.
7.SEBI may get greater powers to check moneypooling frauds. (2013). Retrieved 20 Aug, 2014, from
http://www.thehindu.com/business/Industry/sebi-may-get-greater-powers-to-check-moneypoolingfrauds/article4660545.ece.
Parmod Kumar
H.O.D., Department of Commerce, Govt. College, Mokhra (Rohtak)