Act15
Enacted 1992

The Securities and Exchange Board of India Act, 1992

In force 92 sections Finance

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.

Act 15 of 1992 Enacted 04 Apr 1992 In force 30 Jan 1992 Department Department of Economic Affairs

Administered by. Ministry of Finance, Department of Economic Affairs · Other Acts of 1992

Preamble

THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992

ACT NO. 15 OF 1992

[4th April, 1992.] 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.

BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:--

What this Act covers

Summary of the Securities and Exchange Board of India Act, 1992

1. Securities and Exchange Board of India Act, 1992 (SEBI Act, 1992)

*Purpose: Establishes the Securities and Exchange Board of India (SEBI) to regulate and develop the securities market, protect investor interests, and ensure fair market practices. *Key Provisions:

• Establishment & Management: SEBI is a body corporate with a Chairman, whole-time members, and part-time members, overseeing market regulation.

• Powers & Functions: Includes regulating securities markets, issuing directions, conducting investigations, and imposing penalties for non-compliance.

• Penalties & Offences: Specifies penalties for various violations (e.g., failure to furnish returns, insider trading), with amounts detailed in amendments (e.g., ₹5 lakh to ₹25 crore for certain offences).

• Judicial Mechanism: References the establishment of Special Courts for securities-related offences.

2. Securities Contracts (Regulation) Act, 1956 (SCR Act, 1956)

*Relevant Summary from Context: *Key Provisions (Penalties & Regulations):

• Penalties for Non-Compliance:

• Failure to furnish periodical returns or comply with SEBI directions: ₹5 lakh to ₹25 crore.

• Failure to conduct business as per SEBI rules: ₹5 crore to ₹25 crore or 3 times the gains.

• Stock Exchange Governance: Regulations for recognition, corporatisation, and demutualisation of stock exchanges.

3. Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992

*Summary: *Key Provisions:

• Establishment of Special Court: Comprises sitting High Court Judges for trial of securities offences.

• Hearing and Orders: Special Court hears parties and makes orders as deemed fit, especially concerning notifications, cancellations, or orders related to securities transactions.

• Timeframe for Action: Actions must be taken within thirty days of the issuance of such notifications, cancellations, or orders.

Sections

Type to filter. 92 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Establishment and incorporation of Board
  4. 4Management of the Board
  5. 5Term of office and conditions of service of Chairman and members of the Board
  6. 6Removal of member from office
  7. 7Meetings
  8. 7AMember not to participate in meetings in certain cases
  9. 8Vacancies, etc., not to invalidate proceedings of Board
  10. 9Officers and employees of the Board
  11. 10Transfer of assets, liabilities, etc., of existing Securities and Exchange Board to the Board
  12. 11Functions of Board
  13. 11ABoard to regulate or prohibit issue of prospectus, offer document or advertisement soliciting money for issue of securities
  14. 11AACollective investment scheme
  15. 11BPower to issue directions and levy penalty
  16. 11CInvestigation
  17. 11DCease and desist proceedings
  18. 12Registration of stock-brokers, sub-brokers, share transfer agents, etc
  19. 12AProhibition of manipulative and deceptive devices, insider trading and substantial acquisition of securities or control
  20. 13Grants by the Central Government
  21. 14Fund
  22. 15Accounts and audit
  23. 15APenalty for failure to furnish information, return, etc
  24. 15BPenalty for failure by any person to enter into agreement with clients
  25. 15CPenalty for failure to redress investors‟ grievances
  26. 15DPenalty for certain defaults in case of mutual funds
  27. 15EPenalty for failure to observe rules and regulations by an asset management company
  28. 15EAPenalty for default in case of alternative investment funds, infrastructure investment trusts and real estate investment trusts
  29. 15EBPenalty for default in case of investment adviser and research analyst
  30. 15FPenalty for default in case of stock brokers
  31. 15GPenalty for insider trading
  32. 15HPenalty for non-disclosure of acquisition of shares and takeovers
  33. 15HAPenalty for fraudulent and unfair trade practices
  34. 15HAAPenalty for alteration, destruction, etc., of records and failure to protect the electronic database of Board
  35. 15HBPenalty for contravention where no separate penalty has been provided
  36. 15-IPower to adjudicate
  37. 15JFactors to be taken into account while adjudging quantum of penalty
  38. 15JACrediting sums realised by way of penalties to Consolidated Fund of India
  39. 15JBSettlement of administrative and civil proceedings
  40. 15KEstablishment of Securities Appellate Tribunals
  41. 15LComposition of Securities Appellate Tribunal
  42. 15MQualification for appointment as Presiding Officer or Member of Securities Appellate Tribunal
  43. 15MAAmendment of Presiding Officer and Judicial Member
  44. 15MBSearch-cum-Selection Committee for appointment of Technical Members
  45. 15MCVacancy not to invalidate selection proceeding
  46. 15NTenure of office of Presiding Officer and other Members of Securities Appellate Tribunal
  47. 15OSalary and allowances and other terms and conditions of service of Presiding Officers
  48. 15PFilling up of vacancies
  49. 15PAMember to act as Presiding Officer in certain circumstances
  50. 15QResignation and removal
  51. 15QAQualifications, terms and conditions of service of Presiding Officer and Member
  52. 15ROrders constituting Appellate Tribunal to be final and not to invalidate its proceedings
  53. 15SStaff of the Securities Appellate Tribunal
  54. 15TAppeal to the Securities Appellate Tribunal
  55. 15UProcedure and powers of the Securities Appellate Tribunal
  56. 15VRight to legal representation
  57. 15WLimitation
  58. 15XPresiding Officer, Members and staff of Securities Appellate Tribunals to be public servants
  59. 15YCivil Court not to have jurisdiction
  60. 15ZAppeal to Supreme Court
  61. 16Power of Central Government to issue directions
  62. 17Power of Central Government to supersede the Board
  63. 18Returns and reports
  64. 19Delegation
  65. 20Appeals
  66. 20ABar of jurisdiction
  67. 21Savings
  68. 22Members, officers and employees of the Board to be public servants
  69. 23Protection of action taken in good faith
  70. 24Offences
  71. 24AComposition of certain offences
  72. 24BPower to grant immunity
  73. 25Exemption from tax on wealth and income
  74. 26Cognizance of offences by courts
  75. 26AEstablishment of Special Courts
  76. 26BOffences triable by Special Courts
  77. 26CAppeal and revision
  78. 26DApplication of Code to proceedings before Special Court
  79. 26ETransitional provisions
  80. 27Contravention by companies
  81. 28Omitted
  82. 28ARecovery of amounts
  83. 28BContinuance of proceedings
  84. 28CPowers of Board not to apply to International Financial Services Centre
  85. 29Power to make rules
  86. 30Power to make regulations
  87. 31Rules and regulations to be laid before Parliament
  88. 32Application of other laws not barred
  89. 33Repealed
  90. 34Power to remove difficulties
  91. 34AValidation of certain acts
  92. 35Repeal and saving

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Amending Acts

1 Act amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Securities Laws (Amendment) Act, 199915 of 1999

Rules made under this Act

40 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Securities and Exchange Board of India (Annual Report) Rules, 20212021
  • (Employees' Service) Regulations, 2001 Last amended on May 08, 20192019
  • SEBI (Prohibition of Insider Trading) Regulations, 2015 (Last amended on January 21, 2019)2019
  • Securities and Exchange Board of India (Issue Of Capital And Disclosure Requirements) Regulations, 2018 (last amended on September 23, 2019)2019
  • Securities and Exchange Board of India (Issue and Listing of Debt Securities by Municipalities) (Amendment) Regulations, 20192019
  • the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012 last amended on May 10, 2019.2019
  • the Securities and Exchange Board of India (Buy Back of Securities) Regulations, 2018. last amended on 29.07.20192019
  • the Securities and Exchange Board of India (Credit Rating Agencies) (Amendment) Regulations, 2019.2019
  • the Securities and Exchange Board of India (Custodian of Securities) Regulations, 1996.Last amended on 22.03.20192019
  • the Securities and Exchange Board of India (Debenture Trustees) Regulations, 1993. Last amended on May 07, 20192019
  • the Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 20192019
  • the Securities and Exchange Board of India (Infrastructure Investment Trusts) Regulations, 2014.2019
  • the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996. Last amended on 23.09.20192019
  • the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 (last amended on 22.04.2019)2019
  • the Securities and Exchange Board of India (Regulatory Fee on Stock Exchanges) Regulations, 2006. Last amended on March 22, 20192019
  • the Securities and Exchange Board of India (Stock Brokers) Regulations, 1992. Last amended on April 01, 20192019
  • the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers Regulations, 2011.last amended on July 29, 20192019
  • the Securities and ExchangeBoard of India (Delisting of Equity Shares) Regulations,2009. (last amended on July 29, 20192019
  • SEBI (Bankers to an Issue) Regulations, 1994 Last amended on May 30, 20182018
  • SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003 Last amended on December 31, 20182018
  • SEBI (Settlement Proceedings) Regulations, 20182018
  • Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations Regulations, 2018 Last amended on June 04, 20192018
  • Securities and Exchange Board of India (Appointment of Administrator and Procedure for Refunding to the Investors) Regulations, 20182018
  • Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018 Last amended on June 04, 20192018
  • Securities and Exchange Board of India (Issue and Listing of Securitised Debt Instruments and Security Receipts) Regulations, 2008 Last amended on October 09, 20182018
  • the Securities and Exchange Board of India (Issue and Listing of Non-Convertible Redeemable Preference Shares) Regulations, 2013. (last amended on October 09, 2018)2018
  • the Securities and Exchange Board of India (Registrars to an Issue and Share Transfer Agents) Regulations,1993. Last amended on May 30, 20182018
  • SEBI (Merchant Bankers) Regulations, 1992 Last amended on March 6, 20172017
  • Securities and Exchange Board of India (Self Regulatory Organizations) Regulations, 2004. Last amended on March 6, 20172017
  • the Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999. Last amended on March 06, 20172017
  • the Securities and Exchange Board of India (Foreign Venture Capital Investor) Regulations, 2000 last amended on March 6, 20172017
  • the Securities and Exchange Board of India (Intermediaries) Regulations, 2008. Last amended on November 21, 20172017
  • the Securities and Exchange Board of India (Investor Protection and Education Fund) Regulations, 2009 (Last amended on March 6, 2017)2017
  • the Securities and Exchange Board of India (Share Based Employee Benefits) Regulations, 2014. (last amended on March 06, 2017)2017
  • the Securities and Exchange Board of India (Underwriters) Regulations, 1993. Last amended on March 6, 20172017
  • the Securities and Exchange Board of India KYC (Know Your Client) REGISTRATION AGENCY Regulations, 2011.(last amended on March 6, 2017)2017
  • the Securities and Exchange Board of India (Research Analysts) Regulations, 2014.(last amended on December 08, 2016)2016
  • SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (Last amended on July 29, 2019)2015
  • the Securities and Exchange Board of India (Issue and Listing of Debt Securities by Municipalities) Regulations, 2015.2015
  • Companies (Issue of Global Depositories Receipts) Rules, 20142014

Related Acts

Ordinances

India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.

  • The Securities and Exchange Board of India (Amendment) Ordinance, 2013amended this Act · 2013
  • The Securities and Exchange Board of India (Amendment) Ordinance, 2002.amended this Act · 2002
  • The Securities and Exchange Board of India Ordinance, 1992enacted as this Act · 1992

All Ordinances

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. 91 of 92 sections have their own page; for the remaining 1 the source gave us a heading and no text, so their pages carry the heading and say so rather than showing words we do not hold. This page is not a substitute for legal advice.