Section List

Act Number: 15

Act Name: The Securities and Exchange Board of India Act, 1992

Year: 1992

Enactment Date: 1992-04-04

Long Title: An Act to provide for the establishment of a Board to protect the interests of investors in securities and to promote the development of, and to regulate, the securities market and for matters connected therewith or incidental thereto.

Ministry: Ministry of Finance

Department: Department of Economic Affairs

Section NumberTitleActions
1 Short title, extent and commencement.
2 Definitions.
3 Establishment and incorporation of Board.
4 Management of the Board.
5 Term of office and conditions of service of Chairman and members of the Board.
6 Removal of member from office.
7 Meetings.
7A Member not to participate in meetings in certain cases.
8 Vacancies, etc., not to invalidate proceedings of Board.
9 Officers and employees of the Board.
10 Transfer of assets, liabilities, etc., of existing Securities and Exchange Board to the Board.
11 Functions of Board.
11A Board to regulate or prohibit issue of prospectus, offer document or advertisement soliciting money for issue of securities.
11AA Collective investment scheme.
11BPower to issue directions and levy penalty.
11C Investigation.
11D Cease and desist proceedings.
12 Registration of stock-brokers, sub-brokers, share transfer agents, etc.
12A Prohibition of manipulative and deceptive devices, insider trading and substantial acquisition of securities or control.
13 Grants by the Central Government.
14 Fund.
15 Accounts and audit.
15A Penalty for failure to furnish information, return, etc.
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.
15E Penalty for failure to observe rules and regulations by an asset management company.
15F Penalty for default in case of stock brokers.
15G Penalty for insider trading.
15H Penalty for non-disclosure of acquisition of shares and takeovers.
15HA Penalty for fraudulent and unfair trade practices.
15HB Penalty for contravention where no separate penalty has been provided.
15-I Power to adjudicate.
15JFactors to be taken into account while adjudging quantum of penalty.
15JACrediting sums realised by way of penalties to Consolidated Fund of India.
15JB Settlement of administrative and civil proceedings.
15K Establishment of Securities Appellate Tribunals.
15L Composition of Securities Appellate Tribunal.
15M Qualification for appointment as Presiding Officer or Member of Securities Appellate Tribunal.
15N Tenure of office of Presiding Officer and other Members of Securities Appellate Tribunal.
15O Salary and allowances and other terms and conditions of service of Presiding Officers.
15P Filling up of vacancies.
15Q Resignation and removal.
15R Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.
15S Staff of the Securities Appellate Tribunal.
15TAppeal to the Securities Appellate Tribunal.
15U Procedure and powers of the Securities Appellate Tribunal.
15V Right to legal representation.
15W Limitation.
15X Presiding Officer, Members and staff of Securities Appellate Tribunals to be public servants.
15YCivil Court not to have jurisdiction.
15Z Appeal to Supreme Court.
16Power of Central Government to issue directions
17Power of Central Government to supersede the Board.
18Returns and reports.
19Delegation.
20Appeals.
20A Bar of jurisdiction.
21Savings.
22Members, officers and employees of the Board to be public servants.
23 Protection of action taken in good faith.
24Offences.
24A Composition of certain offences.
24B Power to grant immunity.
25Exemption from tax on wealth and income.
26 Cognizance of offences by courts.
26A Establishment of Special Courts.
26BOffences triable by Special Courts.
26CAppeal and revision.
26DApplication of Code to proceedings before Special Court.
26E Transitional provisions.
27Contravention by companies.
28 Omitted..
28ARecovery of amounts.
29Power to make rules.
30Power to make regulations.
31Rules and regulations to be laid before Parliament.
32Application of other laws not barred.
33 Repealed..
34Power to remove difficulties.
34A Validation of certain acts.
35Repeal and saving.
15MAAmendment of Presiding Officer and Judicial Member.
15MB Search-cum-Selection Committee for appointment of Technical Members.
15MCVacancy not to invalidate selection proceeding.
15QA Qualifications, terms and conditions of service of Presiding Officer and Member.
15EA Penalty for default in case of alternative investment funds, infrastructure investment trusts and real estate investment trusts.
15EB Penalty for default in case of investment adviser and research analyst.
28BContinuance of proceedings.
15PA Member to act as Presiding Officer in certain circumstances
15HAAPenalty for alteration, destruction, etc., of records and failure to protect the electronic database of Board.
28CPowers of Board not to apply to International Financial Services Centre.
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