SECURITIES AND EXCHANGE BOARD OF INDIA (SEBI) ACT,1992.

SEBI was established on the lines of the Securities and Investment Board of U.K on 12th April, 1988. The Capital Issues (Control) Act, 1947 was repealed in May, 1992. SEBI came into force on the 30th January, 1992. The objects of the SEBI Act, 1992 are: a) providing fair dealings in the issue of securities and ensuring a market place where funds can be raised at a relatively low cost; b) providing a degree of protection to the investors and safeguard their rights and interests so that there is a steady flow of savings into their market; c) Regulating and developing a code of conduct and fair practices by intermediaries in the capital market like brokers and merchant banks with a view to making them competitive and professional. The Act contained 35 sections. These 35 sections are divided into seven chapters. Preliminary- 1,2. 2) Establishment of the SEBI- 3-9 3) Transfer of Assets, Liabilities, of the existing SEBI-10 4) Powers and functions of the Board-11-11D 5) Registration Certificate- 12 5A) Prohibition of manipulative and deceptive devices, insider trading and substantial acquisition of securities or control-12A 6) Finance, Accounts and audit-13-15 6A) Penalties and adjudication-15A-15JA 6B) Establishment, jurisdiction, authority and procedure of Appellate Tribunal15k-15z 7) Miscellaneous- 16-35. S.3- The SEBI shall be a Body Corporate, S.4- Management of the Board:a) Chairman b) two members-(finance and company law) c) one member from RBI d) five members appointed by the central government. ( at least three shall be whole-time members) s.11- FUNCTIONS AND POWERS OF THE BOARD+a) regulating the business in stock exchanges and any other securities markets; b) registering and regulating the working of stock brokers, sub-brokers, share transfer agents, bankers to an issue, trustees of trust deeds, Registrars to an issue, merchant bankers, underwriters, portfolio managers, investment advisers and such other intermediaries who may be associated with securities markets in any manner. C) registering and regulating the working of the depositories participants, custodians of securities, foreign institutional investors, credit Rating agencies and such other intermediaries as the Board may, by notification, specify in this

behalf. D) registering and regulating the working of venture capital funds and collective investment schemes, including mutual funds e) Promoting and regulating self-regulatory organisations; f)Prohibiting fraudulent and unfair trade practices relating to securities markets; g) promoting investors education and training of intermediaries of securities markets; h) prohibiting insider trading in securities i) regulating substantial acquisition of shares and take over of companies; j) calling for information from, undertaking inspection, conducting inquiries and audits of the intermediaries or from any other authority. k) It has all the powers of the courtthe discovery and production of books of accounts and other documents; summoning and enforcing the the attendance of persons and examining them on oath; issuing commissions for the examination of witnesses or documents; l) The Board may, by an order, for reasons to be recorded in writing, in the interests of investors or securities market, take any of the following measures, either pending investigation or inquiry or on completion of such investigation or inquiry, namely:i) suspend the trading of any security in a recognised stock exchange; ii) restrain persons from accessing the securities market and prohibit any person associated with securities market to buy, sell or deal in securities; iii) suspend any office-bearer of any stock exchange or self-regulatory organisation from holding such position; iv) impound and retain the proceeds or securities in respect of any transaction which is under investigation; v) attach, after passing of an order on an application made for approval by the Judicial Magistrate of the first class having jurisdiction, for a period not exceeding one month, one or more bank account or accounts of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this Act, or the rules or the regulations made there under; vi) Direct any intermediary or any person associated with the securities market in any manner not to dispose of or alienate an asset forming part of any transaction which is under investigation; PROVIDED FURTHER THAT THE BOARD SHALL, EITHER BEFORE OR AFTER PASSING SUCH ORDERS, GIVE AN OPPORTUNITY OF HEARING TO SUCH INTERMEDIARIES OR PERSONS CONCERNED. S.11A- Board to regulate or prohibit issue of prospectus, offer document or advertisement soliciting money for issue of securities; s.11AA- Collective investment scheme:- Any scheme or arrangement made or offered by any company under which-i) the contributions, or payments made by

the investors, by whatever name called, are pooled and utilized for the purposes of the scheme or arrangement; s.11B- Power to issue directions s.11C- Investigation. S.15A- Penalty for failure to furnish information,return s.15B- Penalty for failure by any person to enter into agreement with clients 15C- Penalty for failure to redress investors grievances 15D- Penalty for certain defaults in case of mutual funds. S.15E- Penalty for failure to observe rules and regulations by an asset management company. S.15F- Penalty for default in case of stock brokers s.15G- Penalty for insider trading s.15 H- Penalty for non-disclosure of acquisition of shares and takeovers. S.15HA- Penalty for fraudulent and unfair trade practicess. 15HB- Penalty for contravention where no separate penalty has been provided. S.15 I- Power to adjudicate:- The Board shall appoint any officer not below the rank of a Division Chief to be an adjudicating officer s.15 J- Factors to be taken into account by the adjudicating officer. S. 15 JA- Crediting sums realised by way of penalties to Consolidated Fund of India. s. 15 L- Composition of Securities Appellate Tribunal-Presiding officer and two other members to be appointed by the Central Government.( within 45 days). S.15 Z- Appeal to Supreme Court. S.26- Cognizance of offences by courts. s.29- Power to make rules s.30- Power to make regulations. S.31- Rules and Regulations to be laid before Parliament.