The Securities and Exchange Board of India Act, 1992
Administered Ministry: Ministry of Finance / Department of Economic Affairs
Section
Section 14 Fund.
(1) There shall be constituted a Fund to be called the Securities and Exchange Board of India General Fund and there shall be credited thereto---
(a) all grants, fees and charges received by the Board under this Act; 1***
2*****
(b) all sums received by the Board from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be applied for meeting--
(a) the salaries, allowances and other remuneration of the members, officers and other employees of the Board;
(b) the expenses of the Board in the discharge of its functions under section 11;
(c) the expenses on objects and for purposes authorised by this Act.
(a) all grants, fees and charges received by the Board under this Act; 1***
2*****
(b) all sums received by the Board from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be applied for meeting--
(a) the salaries, allowances and other remuneration of the members, officers and other employees of the Board;
(b) the expenses of the Board in the discharge of its functions under section 11;
(c) the expenses on objects and for purposes authorised by this Act.
1. The word "and" omitted by Act 9 of 1995, s. 8 (w.e.f. 25-1-1995).
2. Clause (aa) omitted by Act 59 of 2002, s. 8 (w.e.f. 29-10-2002).
2. Clause (aa) omitted by Act 59 of 2002, s. 8 (w.e.f. 29-10-2002).
Section 15 Accounts and audit.
(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Board shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.
(4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Board shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.
(4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
Section 15A Penalty for failure to furnish information, return, etc.
1[15A. Penalty for failure to furnish information, return, etc-- If any person, who is required under this Act or any rules or regulations made thereunder,---
(a) to furnish any document, return or report to the Board, fails to furnish the same, 2[or who furnishes or files false, incorrect or incomplete information, return, report, books or other documents] he shall be liable to 3[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(b) to file any return or furnish any information, books or other documents within the time specified therefor in the regulations, fails to file return or furnish the same within the time specified therefor in the regulations, he shall be liable to 5[a penalty 3[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(c) to maintain books of account or records, fails to maintain the same, he shall be liable to 6[a penalty 3[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees.]]
(a) to furnish any document, return or report to the Board, fails to furnish the same, 2[or who furnishes or files false, incorrect or incomplete information, return, report, books or other documents] he shall be liable to 3[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(b) to file any return or furnish any information, books or other documents within the time specified therefor in the regulations, fails to file return or furnish the same within the time specified therefor in the regulations, he shall be liable to 5[a penalty 3[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(c) to maintain books of account or records, fails to maintain the same, he shall be liable to 6[a penalty 3[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees.]]
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995).
2. Ins. by Act 13 of 2018, s. 181 (w.e.f. 8-3-2019).
3. Subs. by Act 59 of 2002, s. 9, for "a penalty not exceeding one lakh and fifty thousand rupees for each such failure" (w.e.f. 29-10-2002).
4. Subs. by Act 27 of 2014, s. 6, for certain words (w.e.f. 8-9-2014).
5. Subs. by Act 59 of 2002, s. 9, for "a penalty not exceeding five thousand rupees for every day during which such failure continues" (w.e.f. 29-10-2002).
6. Subs. by s. 9, ibid., for "a penalty not exceeding ten thousand rupees for every day during which such failure continues" (w.e.f. 29-10-2002).
2. Ins. by Act 13 of 2018, s. 181 (w.e.f. 8-3-2019).
3. Subs. by Act 59 of 2002, s. 9, for "a penalty not exceeding one lakh and fifty thousand rupees for each such failure" (w.e.f. 29-10-2002).
4. Subs. by Act 27 of 2014, s. 6, for certain words (w.e.f. 8-9-2014).
5. Subs. by Act 59 of 2002, s. 9, for "a penalty not exceeding five thousand rupees for every day during which such failure continues" (w.e.f. 29-10-2002).
6. Subs. by s. 9, ibid., for "a penalty not exceeding ten thousand rupees for every day during which such failure continues" (w.e.f. 29-10-2002).
Section 15B Penalty for failure by any person to enter into agreement with clients.
1[15B. Penalty for failure by any person to enter into agreement with clients.-- If any person, who is registered as an intermediary and is required under this Act or any rules or regulations made thereunder to enter into an agreement with his client, fails to enter into such agreement, he shall be liable to 2[a penalty 3[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees.]]
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995)/b
2. Subs. by s. 10, ibid., for "a penalty not exceeding five lakh rupees for every such failure" (w.e.f. 29-10-2002).
3. Subs. by Act 27 of 2014, s. 7, for certain words (w.e.f.8-9-2014).
2. Subs. by s. 10, ibid., for "a penalty not exceeding five lakh rupees for every such failure" (w.e.f. 29-10-2002).
3. Subs. by Act 27 of 2014, s. 7, for certain words (w.e.f.8-9-2014).
Section 15C Penalty for failure to redress investors‟ grievances.
1[15C. Penalty for failure to redress investors’ grievances.—If any listed company or any person who is registered as an intermediary, after having been called upon by the Board in writing 2[including by by any means of electronic communication], to redress the grievances of investors, fails to redress such grievances within the time specified by the Board, such company or intermediary shall be liable to a penalty 3[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees].]
1. Subs. by Act 59 of 2002, s. 11, for section 15C (w.e.f. 29-10-2002).
2. Ins. by Act 23 of 2019, s. 183 (w.e.f. 20-1-2020).
3. Subs. by Act 27 of 2014, s. 8, for certain words (w.e.f. 8-9-2014).
2. Ins. by Act 23 of 2019, s. 183 (w.e.f. 20-1-2020).
3. Subs. by Act 27 of 2014, s. 8, for certain words (w.e.f. 8-9-2014).
Section 15D Penalty for certain defaults in case of mutual funds.
1[15D. Penalty for certain defaults in case of mutual funds---- If any person, who is---
(a) required under this Act or any rules or regulations made thereunder to obtain a certificate of registration from the Board for sponsoring or carrying on any collective investment scheme, including mutual funds, sponsors or carries on any collective investment scheme, including mutual funds, without obtaining such certificate of registration, he shall be liable to 2[a penalty3[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which he sponsors or carries on any such collective investment scheme including mutual funds subject to a maximum of one crore rupees;]]
(b) registered with the Board as a collective investment scheme, including mutual funds, for sponsoring or carrying on any investment scheme, fails to comply with the terms and conditions of certificate of registration, he shall be liable to 4[a penalty 5[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(c) registered with the Board as a collective investment scheme including mutual funds, fails to make an application for listing of its schemes as provided for in the regulations governing such listing, he shall be liable to 6[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(d) registered as a collective investment scheme, including mutual funds, fails to despatch unit certificates of any scheme in the manner provided in the regulation governing such despatch, he shall be liable to 6[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(e) registered as collective investment scheme, including mutual funds, fails to refund the application monies paid by the investors within the period specified in the regulations, he shall be liable to 8[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(f) registered as a collective investment scheme, including mutual funds, fails to invest money collected by such collective investment schemes in the manner or within the period specified in the regulations, he shall be liable to 9[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees.]]
(a) required under this Act or any rules or regulations made thereunder to obtain a certificate of registration from the Board for sponsoring or carrying on any collective investment scheme, including mutual funds, sponsors or carries on any collective investment scheme, including mutual funds, without obtaining such certificate of registration, he shall be liable to 2[a penalty3[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which he sponsors or carries on any such collective investment scheme including mutual funds subject to a maximum of one crore rupees;]]
(b) registered with the Board as a collective investment scheme, including mutual funds, for sponsoring or carrying on any investment scheme, fails to comply with the terms and conditions of certificate of registration, he shall be liable to 4[a penalty 5[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(c) registered with the Board as a collective investment scheme including mutual funds, fails to make an application for listing of its schemes as provided for in the regulations governing such listing, he shall be liable to 6[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(d) registered as a collective investment scheme, including mutual funds, fails to despatch unit certificates of any scheme in the manner provided in the regulation governing such despatch, he shall be liable to 6[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(e) registered as collective investment scheme, including mutual funds, fails to refund the application monies paid by the investors within the period specified in the regulations, he shall be liable to 8[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees;]]
(f) registered as a collective investment scheme, including mutual funds, fails to invest money collected by such collective investment schemes in the manner or within the period specified in the regulations, he shall be liable to 9[a penalty 4[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees.]]
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995). br
2. Subs. by Act 59 of 2002, s. 12, for "a penalty not exceeding ten thousand rupees for each day during which he carries on any such collective investment scheme including mutual funds, or ten lakh rupees, whichever is higher" (w.e.f. 29-10-2002).
3. Subs. by Act 27 of 2014, s. 9, for certain words (w.e.f. 8-9-2014).
4. Subs. by Act 59 of 2002, s. 12, for "a penalty not exceeding ten thousand rupees for each day during which such failure continues or ten lakh rupees, whichever is higher" (w.e.f. 29-10-2002).
5. Subs. by Act 27 of 2014, s. 9, for certain words (w.e.f.8-9-2014).
6. Subs. by s. 12, ibid., for "a penalty not exceeding five thousand rupees for each day during which such failure continues" (w.e.f. 29-10-2002).
7. Subs. by Act 27 of 2014, s. 9, for certain words (w.e.f.8-9-2014).
8. Subs. by Act 59 of 2002, s. 12, for a penalty not exceeding five thousand rupees for each day during which such failure Continues (w.e.f. 29-10-2002).
9. Subs. by s. 12, ibid., for a penalty not exceeding one thousand rupees for each day during which such failure continue (w.e.f. 29-10-2002).
2. Subs. by Act 59 of 2002, s. 12, for "a penalty not exceeding ten thousand rupees for each day during which he carries on any such collective investment scheme including mutual funds, or ten lakh rupees, whichever is higher" (w.e.f. 29-10-2002).
3. Subs. by Act 27 of 2014, s. 9, for certain words (w.e.f. 8-9-2014).
4. Subs. by Act 59 of 2002, s. 12, for "a penalty not exceeding ten thousand rupees for each day during which such failure continues or ten lakh rupees, whichever is higher" (w.e.f. 29-10-2002).
5. Subs. by Act 27 of 2014, s. 9, for certain words (w.e.f.8-9-2014).
6. Subs. by s. 12, ibid., for "a penalty not exceeding five thousand rupees for each day during which such failure continues" (w.e.f. 29-10-2002).
7. Subs. by Act 27 of 2014, s. 9, for certain words (w.e.f.8-9-2014).
8. Subs. by Act 59 of 2002, s. 12, for a penalty not exceeding five thousand rupees for each day during which such failure Continues (w.e.f. 29-10-2002).
9. Subs. by s. 12, ibid., for a penalty not exceeding one thousand rupees for each day during which such failure continue (w.e.f. 29-10-2002).
Section 15E Penalty for failure to observe rules and regulations by an asset management company.
1[15E. Penalty for failure to observe rules and regulations by an asset management company.-- Where any asset management company of a mutual fund registered under this Act fails to comply with any of the regulations providing for restrictions on the activities of the asset management companies, such asset management company shall be liable to 2[a penalty 3[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees.]]]
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995). br
2. Subs. by s. 13, ibid., for "a penalty not exceeding five lakh rupees for each such failure" (w.e.f. 29-10-2002).
3. Subs. by Act 27 of 2014, s. 10, for certain words (w.e.f.8-9-2014).
2. Subs. by s. 13, ibid., for "a penalty not exceeding five lakh rupees for each such failure" (w.e.f. 29-10-2002).
3. Subs. by Act 27 of 2014, s. 10, for certain words (w.e.f.8-9-2014).
Section 15EA Penalty for default in case of alternative investment funds, infrastructure investment trusts and real estate investment trusts.
1[15EA. Penalty for default in case of alternative investment funds, infrastructure investment trusts and real estate investment trusts.-- Where any person fails to comply with the regulations made by the Board in respect of alternative investment funds, infrastructure investment trusts and real estate investment trusts or fails to comply with the directions issued by the Board, such person shall be liable to penalty which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees or three times the amount of gains made out of such failure, whichever is higher.]
1. Ins. by Act 13 of 2018, s. 182 (w.e.f. 8-3-2019).
Section 15EB Penalty for default in case of investment adviser and research analyst.
1[2[15EB. Penalty for default in case of investment adviser and research analyst.--Where an investment adviser or a research analyst fails to comply with the regulations made by the Board or directions issued by the Board, such investment adviser or research analyst shall be liable to penalty which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees.]]
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995). br
2. Ins. by Act 13 of 2018, s. 182 (w.e.f. 8-3-2019).
2. Ins. by Act 13 of 2018, s. 182 (w.e.f. 8-3-2019).
Section 15F Penalty for default in case of stock brokers.
1[15F. Penalty for default in case of stock brokers---- If any person, who is registered as a stock broker under this Act,---
(a) fails to issue contract notes in the form and manner specified by the stock exchange of which such broker is a member, he shall be liable to 2[a penalty which shall not be less than one lakh rupees but which may extend to 3[one crore rupees]] for which the contract note was required to be issued by that broker;
(b) fails to deliver any security or fails to make payment of the amount due to the investor in the manner within the period specified in the regulations, he shall be liable to 4[a penalty
5[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which6[such failure continues] subject to a maximum of one crore rupees]];
(c) charges an amount of brokerage which is in excess of the brokerage specified in the regulations, he shall be liable to 7[a penalty 8[[which shall not be less than one lakh rupees but which may extend to five times the amount of brokerage]] charged in excess of the specified brokerage, whichever is higher.]
(a) fails to issue contract notes in the form and manner specified by the stock exchange of which such broker is a member, he shall be liable to 2[a penalty which shall not be less than one lakh rupees but which may extend to 3[one crore rupees]] for which the contract note was required to be issued by that broker;
(b) fails to deliver any security or fails to make payment of the amount due to the investor in the manner within the period specified in the regulations, he shall be liable to 4[a penalty
5[which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which6[such failure continues] subject to a maximum of one crore rupees]];
(c) charges an amount of brokerage which is in excess of the brokerage specified in the regulations, he shall be liable to 7[a penalty 8[[which shall not be less than one lakh rupees but which may extend to five times the amount of brokerage]] charged in excess of the specified brokerage, whichever is higher.]
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995). br
2. Subs. by Act 27 of 2014, s. 11, for "a penalty not exceeding five times the amount" (w.e.f.8-9-2014).
3. Ins. by Act 23 of 2019, s. 184 (w.e.f. 20-1-2020).
4. Subs. by Act 59 of 2002, s. 14, for "a penalty not exceeding five thousand rupees for each day during which such failure continues" (w.e.f. 29-10-2002).
5. Subs. by Act 27 of 2014, s. 11, for certain words (w.e.f.8-9-2014).
6. Subs. by Act 13 of 2018, s. 183, for "he sponsors or carries on any such collective investment scheme including mutual fund" (w.e.f. 8-3-2019)..
7. Subs. by Act 59 of 2002, s. 14, for "a penalty not exceeding five thousand rupees" (w.e.f. 29-10-2002).
8. Subs. by Act 27 of 2014, s. 11, for "of one lakh rupees or five times the amount of brokerage" (w.e.f.8-9-2014).
2. Subs. by Act 27 of 2014, s. 11, for "a penalty not exceeding five times the amount" (w.e.f.8-9-2014).
3. Ins. by Act 23 of 2019, s. 184 (w.e.f. 20-1-2020).
4. Subs. by Act 59 of 2002, s. 14, for "a penalty not exceeding five thousand rupees for each day during which such failure continues" (w.e.f. 29-10-2002).
5. Subs. by Act 27 of 2014, s. 11, for certain words (w.e.f.8-9-2014).
6. Subs. by Act 13 of 2018, s. 183, for "he sponsors or carries on any such collective investment scheme including mutual fund" (w.e.f. 8-3-2019)..
7. Subs. by Act 59 of 2002, s. 14, for "a penalty not exceeding five thousand rupees" (w.e.f. 29-10-2002).
8. Subs. by Act 27 of 2014, s. 11, for "of one lakh rupees or five times the amount of brokerage" (w.e.f.8-9-2014).
Section 15G Penalty for insider trading.
1[15G. Penalty for insider trading.-- If any insider who,
(i) either on his own behalf or on behalf of any other person, deals in securities of a body corporate listed on any stock exchange on the basis of any unpublished price sensitive information; or
(ii) communicates any unpublished price sensitive information to any person, with or without his request for such information except as required in the ordinary course of business or under any law; or
(iii) counsels, or procures for any other person to deal in any securities of any body corporate on the basis of unpublished price sensitive information,
shall be liable to a penalty 2[which shall not be less than ten lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of insider trading, whichever is higher].]
(i) either on his own behalf or on behalf of any other person, deals in securities of a body corporate listed on any stock exchange on the basis of any unpublished price sensitive information; or
(ii) communicates any unpublished price sensitive information to any person, with or without his request for such information except as required in the ordinary course of business or under any law; or
(iii) counsels, or procures for any other person to deal in any securities of any body corporate on the basis of unpublished price sensitive information,
shall be liable to a penalty 2[which shall not be less than ten lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of insider trading, whichever is higher].]
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995). br
2. Subs. by Act 27 of 2014, s.12, for certain words (w.e.f.8-2-2014).
2. Subs. by Act 27 of 2014, s.12, for certain words (w.e.f.8-2-2014).
Section 15H Penalty for non-disclosure of acquisition of shares and takeovers.
1[15H. Penalty for non-disclosure of acquisition of shares and takeovers.-- If any person, who is required under this Act or any rules or regulations made thereunder, fails to
(i) disclose the aggregate of his share holding in the body corporate before he acquires any shares of that body corporate; or
(ii) make a public announcement to acquire shares at a minimum price;
2[(iii) make a public offer by sending letter of offer to the shareholders of the concerned company; or
(iv) make payment of consideration to the shareholders who sold their shares pursuant to letter of offer],
he shall be liable to a penalty 3[which shall not be less than ten lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of such failure, whichever is higher].
(i) disclose the aggregate of his share holding in the body corporate before he acquires any shares of that body corporate; or
(ii) make a public announcement to acquire shares at a minimum price;
2[(iii) make a public offer by sending letter of offer to the shareholders of the concerned company; or
(iv) make payment of consideration to the shareholders who sold their shares pursuant to letter of offer],
he shall be liable to a penalty 3[which shall not be less than ten lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of such failure, whichever is higher].
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995). br
2. Ins. by Act 59 of 2002, s. 16 (w.e.f. 29-10-2002).
3. Subs. by Act 27 of 2014, s.13, for certain words (w.e.f.8-2-2014)br
2. Ins. by Act 59 of 2002, s. 16 (w.e.f. 29-10-2002).
3. Subs. by Act 27 of 2014, s.13, for certain words (w.e.f.8-2-2014)br
Section 15HA Penalty for fraudulent and unfair trade practices.
1[15HA. Penalty for fraudulent and unfair trade practices.--If any person indulges in fraudulent and unfair trade practices relating to securities, he shall be liable to a penalty 2[which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of such practices, whichever is higher].]
1. Ins. by Act 59 of 2002, s. 17 (w.e.f. 29-10-2002).
2. Subs. by Act 27 of 2014, s. 14, for certain words (w.e.f. 8-2-2014). br
2. Subs. by Act 27 of 2014, s. 14, for certain words (w.e.f. 8-2-2014). br
Section 15HAA Penalty for alteration, destruction, etc., of records and failure to protect the electronic database of Board.
1[15HAA. Penalty for alteration, destruction, etc., of records and failure to protect the electronic database of Board.--Any person, who--
(a) knowingly alters, destroys, mutilates, conceals, falsifies, or makes a false entry in any information, record, document (including electronic records), which is required under this Act or any rules or regulations made there under, so as to impede, obstruct, or influence the investigation, inquiry, audit, inspection or proper administration of any matter within the jurisdiction of the Board.
Explanation.--For the purposes of this clause, a person shall be deemed to have altered, concealed or destroyed such information, record or document, in case he knowingly fails to immediately report the matter to the Board or fails to preserve the same till such information continues to be relevant to any investigation, inquiry, audit, inspection or proceeding, which may be initiated by the Board and conclusion thereof;
(b) without being authorised to do so, access or tries to access, or denies of access or modifies access parameters, to the regulatory data in the database;
(c) without being authorised to do so, downloads, extracts, copies, or reproduces in any form the regulatory data maintained in the system database;
(d) knowingly introduces any computer virus or other computer contaminant into the system database and brings out a trading halt;
(e) without authorisation disrupts the functioning of system database;
(f) knowingly damages, destroys, deletes, alters, diminishes in value or utility, or affects by any means, the regulatory data in the system database; or
(g) knowingly provides any assistance to or causes any other person to do any of the acts specified in clauses (a) to (f), shall be liable to a penalty which shall not be less than one lakh rupees but which may extend to ten crore rupees or three times the amount of profits made out of such act, whichever is higher.
Explanation.--In this section, the expressions "computer contaminant", "computer virus" and "damage" shall have the meanings respectively assigned to them under section 43 of the Information Technology Act, 2000 (21 of 2000).]
(a) knowingly alters, destroys, mutilates, conceals, falsifies, or makes a false entry in any information, record, document (including electronic records), which is required under this Act or any rules or regulations made there under, so as to impede, obstruct, or influence the investigation, inquiry, audit, inspection or proper administration of any matter within the jurisdiction of the Board.
Explanation.--For the purposes of this clause, a person shall be deemed to have altered, concealed or destroyed such information, record or document, in case he knowingly fails to immediately report the matter to the Board or fails to preserve the same till such information continues to be relevant to any investigation, inquiry, audit, inspection or proceeding, which may be initiated by the Board and conclusion thereof;
(b) without being authorised to do so, access or tries to access, or denies of access or modifies access parameters, to the regulatory data in the database;
(c) without being authorised to do so, downloads, extracts, copies, or reproduces in any form the regulatory data maintained in the system database;
(d) knowingly introduces any computer virus or other computer contaminant into the system database and brings out a trading halt;
(e) without authorisation disrupts the functioning of system database;
(f) knowingly damages, destroys, deletes, alters, diminishes in value or utility, or affects by any means, the regulatory data in the system database; or
(g) knowingly provides any assistance to or causes any other person to do any of the acts specified in clauses (a) to (f), shall be liable to a penalty which shall not be less than one lakh rupees but which may extend to ten crore rupees or three times the amount of profits made out of such act, whichever is higher.
Explanation.--In this section, the expressions "computer contaminant", "computer virus" and "damage" shall have the meanings respectively assigned to them under section 43 of the Information Technology Act, 2000 (21 of 2000).]
1. Ins. by Act 23 of 2019, s. 185 (w.e.f. 20-1-2019).
Section 15HB Penalty for contravention where no separate penalty has been provided.
1[15HB. Penalty for contravention where no separate penalty has been provided.-- Whoever fails to comply with any provision of this Act, the rules or the regulations made or directions issued by the Board thereunder for which no separate penalty has been provided, shall be 2[liable to a penalty which shall not be less one lakh rupees but which may extend to one crore rupees].]]
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995). br
2. Subs. by s. 15, ibid., for "liable to a penalty which may extend to one crore rupees" (w.e.f. 8-2-2014). br
2. Subs. by s. 15, ibid., for "liable to a penalty which may extend to one crore rupees" (w.e.f. 8-2-2014). br
Section 15-I Power to adjudicate.
1[15-I. Power to adjudicate.-- (1) For the purpose of adjudging under sections 15A, 15B, 15C, 15D, 15E, 2[15EA,15EB,] 15F, 15G, 3[15H, 15HA and 15HB] the Board 4[may] appoint any officer not below the rank of a Division Chief to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty.
(2) While holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), he may impose such penalty as he thinks fit in accordance with the provisions of any of those sections.
5[(3) The Board may call for and examine the record of any proceedings under this section and if it considers that the order passed by the adjudicating officer is erroneous to the extent it is not in the interests of the securities market, it may, after making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of penalty, if the circumstances of the case so justify:
Provided that no such order shall be passed unless the person concerned has been given an opportunity of being heard in the matter:
Provided further that nothing contained in this sub-section shall be applicable after an expiry of a period of three months from the date of the order passed by the adjudicating officer or disposal of the appeal under section 15T, whichever is earlier.]]
(2) While holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), he may impose such penalty as he thinks fit in accordance with the provisions of any of those sections.
5[(3) The Board may call for and examine the record of any proceedings under this section and if it considers that the order passed by the adjudicating officer is erroneous to the extent it is not in the interests of the securities market, it may, after making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of penalty, if the circumstances of the case so justify:
Provided that no such order shall be passed unless the person concerned has been given an opportunity of being heard in the matter:
Provided further that nothing contained in this sub-section shall be applicable after an expiry of a period of three months from the date of the order passed by the adjudicating officer or disposal of the appeal under section 15T, whichever is earlier.]]
1. Ins. by Act 9 of 1995, s. 9 (w.e.f. 25-1-1995). br
2. Ins. by Act 13 of 2018, s. 184 (w.e.f. 8-3-2019).
3. Subs. by Act 59 of 2002, s. 18, for "and 15H" (w.e.f. 29-10-2002).
4. Subs. by Act 13 of 2018, s. 184, for "shall" (w.e.f. 8-3-2019).Ins. by Act 27 of 2014, s. 16 (w.e.f. 28-3-2014).
5. Ins. by Act 27 of 2014, s. 16 (w.e.f. 28-3-2014).
2. Ins. by Act 13 of 2018, s. 184 (w.e.f. 8-3-2019).
3. Subs. by Act 59 of 2002, s. 18, for "and 15H" (w.e.f. 29-10-2002).
4. Subs. by Act 13 of 2018, s. 184, for "shall" (w.e.f. 8-3-2019).Ins. by Act 27 of 2014, s. 16 (w.e.f. 28-3-2014).
5. Ins. by Act 27 of 2014, s. 16 (w.e.f. 28-3-2014).
Section 15J Factors to be taken into account while adjudging quantum of penalty.
15J. 1[Factors to be taken into account while adjudging quantum of penalty].--While adjudging the quantum of penalty under section 2[15-I or section 11 or section 11B, the Board or the adjudicating officer] officer shall have due regard to the following factors, namely:--
(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;
(b) the amount of loss caused to an investor or group of investors as a result of the default;
(c) the repetitive nature of the default.
3[Explanation.--For the removal of doubts, it is clarified that the power of 4*** to adjudge the quantum of penalty under sections 15A to 15E, clauses (b) and (c) of section 15F, 15G, 15H and 15HA shall be and shall always be deemed to have been exercised under the provisions of this section.]]
(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;
(b) the amount of loss caused to an investor or group of investors as a result of the default;
(c) the repetitive nature of the default.
3[Explanation.--For the removal of doubts, it is clarified that the power of 4*** to adjudge the quantum of penalty under sections 15A to 15E, clauses (b) and (c) of section 15F, 15G, 15H and 15HA shall be and shall always be deemed to have been exercised under the provisions of this section.]]
1. Subs. by Act 13 of 2018, s. 185, for marginal heading (w.e.f. 8-3-2019).
2 2. Subs. by s. 185, ibid., for section 15-I, the adjudicating officer (w.e.f. 8-3-2019).
2 3. Ins. by Act 7 of 2017, s.147 (w.e.f. 1-3-2017).
4. The words "of an adjudicating officer" omitted by Act 13 of 2018, s. 185 (w.e.f. 8-3-2018).
2 2. Subs. by s. 185, ibid., for section 15-I, the adjudicating officer (w.e.f. 8-3-2019).
2 3. Ins. by Act 7 of 2017, s.147 (w.e.f. 1-3-2017).
4. The words "of an adjudicating officer" omitted by Act 13 of 2018, s. 185 (w.e.f. 8-3-2018).
Section 15JA Crediting sums realised by way of penalties to Consolidated Fund of India.
1[15JA. Crediting sums realised by way of penalties to Consolidated Fund of India.--All sums realised by way of penalties under this Act shall be credited to the Consolidated Fund of India].
1. Ins. by Act 59 of 2002, s. 19 (w.e.f. 29-10-2002)
Section 15JB Settlement of administrative and civil proceedings.
1[15JB. Settlement of administrative and civil proceedings.--(1) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 11, section 11B, section 11D, sub-section (3) of section 12 or section 15-I, may file an application in writing to the Board proposing for settlement of the proceedings initiated or to be initiated for the alleged defaults.
(2) The Board may, after taking into consideration the nature, gravity and impact of defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the Board in accordance with the regulations made under this Act.
(3) The settlement proceedings under this section shall be conducted in accordance with the procedure specified in the regulations made under this Act.
(4) No appeal shall lie under section 15T against any order passed by the Board or adjudicating officer, as the case may be, under this section.
2[(5) All settlement amounts, excluding the disgorgement amount and legal costs, realised under this Act shall be credited to the Consolidated Fund of India.]]
(2) The Board may, after taking into consideration the nature, gravity and impact of defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the Board in accordance with the regulations made under this Act.
(3) The settlement proceedings under this section shall be conducted in accordance with the procedure specified in the regulations made under this Act.
(4) No appeal shall lie under section 15T against any order passed by the Board or adjudicating officer, as the case may be, under this section.
2[(5) All settlement amounts, excluding the disgorgement amount and legal costs, realised under this Act shall be credited to the Consolidated Fund of India.]]
1. Ins. by Act 27 of 2014, s. 17 (w.e.f. 20-4-2007).
2. Ins. by Act 13 of 2018, s. 186 (w.e.f. 8-3-2019).
2. Ins. by Act 13 of 2018, s. 186 (w.e.f. 8-3-2019).
Section 15K Establishment of Securities Appellate Tribunals.
1[15K. Establishment of Securities Appellate Tribunal.--(1) The Central Government shall, by notification, establish a Tribunal to be known as the Securities Appellate Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act or any other law for the time being in force.
(2) The Central Government shall also specify in the notification referred to in sub-section (1), the matters and places in relation to which the Securities Appellate Tribunal may exercise jurisdiction.]
(2) The Central Government shall also specify in the notification referred to in sub-section (1), the matters and places in relation to which the Securities Appellate Tribunal may exercise jurisdiction.]
1. Subs. by s. 148, ibid., for section 15K (w.e.f. 1-3-2017).