Power to make regulations

In force From 30 Jan 1992 Act 15 of 1992 As on 18 Oct 2026

Act 15 of 1992 Ministry Finance Enacted 04 Apr 1992 In force 30 Jan 1992 Cited by 3 provisions Instruments 40

Section 30 of the Securities and Exchange Board of India Act, 1992 deals with power to make regulations. The Board may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act. The Act came into force on 30 Jan 1992.

(1) The Board may, ¹*** by notification, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the times and places of meetings of the Board and the procedure to be followed at such meetings under sub-section (1) of section 7 including quorum necessary for the transaction of business;
(b) the term and other conditions of service of officers and employees of the Board under sub-section (2) of section 9;
²[(c) the matters relating to issue of capital, transfer of securities and other matters incidental thereto and the manner in which such matters shall be disclosed by the companies under section 11A;
³[(ca) the utilisation of the amount credited under sub-section (5) of section 11;
(cb) the fulfilment of other conditions relating to collective investment scheme under sub-section (2A) of section 11AA;]
(d) the conditions subject to which certificate of registration is to be issued, the amount of fee to be paid for certificate of registration and the manner of suspension or cancellation of certificate of registration under section 12;]
⁴[(da) the terms determined by the Board for settlement of proceedings under sub-section (2) and the procedure for conducting of settlement proceedings under sub-section (3) of section 15JB;
(db) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations.]
Section 30, The Securities and Exchange Board of India Act, 1992 (Act 15 of 1992).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Referred to by 3

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

Sunita Bhagat vs Sebi

Supreme Court of India 15 Jul 2016 Binding (Supreme Court) Reportable (2016) 7 SCC 317

Court's Decision & Legal Precedent

Section 12(1B) of the SEBI Act creates two classes of persons: (i) those who commenced collective investment activities prior to 25.1.1995 ('proviso category') who may continue until obtaining registration under the regulations; and (ii) those who did not ('non-proviso category') who are absolutely barred from commencing such activities until obtaining registration. The bar for the non-proviso category is self-executing and operative from 25.1.1995 regardless of when regulations are framed. However, criminal prosecution for regulatory non-compliance (such as failure to apply for registration under Regulation 5) requires that the accused was a director/officer of the company at the time the specific breach occurred. A director who resigned before the deadline for compliance cannot be prosecuted for breaches arising on or after the resignation date. The complaint must clearly disclose whether the accused is charged as a non-proviso category violator (commencing activity without authority) or merely as an existing operator who failed to comply with procedural regulations. Absence of such clarity, combined with the accused having exited before the breach date, renders prosecution unsustainable.

On this section: Power to frame regulations. Court noted that bar under Section 12(1B) is operative regardless of whether Section 30 regulations have been framed - regulations provide procedure for compliance, not condition for bar's existence.

Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

High Court 11 Jun 2025 HCBM020017752024

… Mr. Bhatt would also submit that even SEBI filed a Special Leave Petition before the High Court but this Petition was restricted to the interpretation of Regulation 29 of the SEBI (Settlement Proceedings) Regulation 2018, framed under Section 50 (j)(b) read with Section 30 of the Securities and Exchange Board of India Act, 1992. Mr. Bhatt would also place before us the copy of the Special Leave Petition, which > Page 54 of 132 11th June 2025 has formulated the question of law in specific as to whether SEBI holding the documents relating to the settlement proceedings in a …

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High Court 14 Dec 2016 KLHC010869482016

… Same was issued from time to time under the provisions of Exchange Board of India (Issuance and Listing of Debt Securities) Regulations, which is formed under Section 30 of the Securities and Exchange Board of India Act, 1992. Section 3 of the Indian Stamp Act, 1899, specifies that stamp duty shall be paid on the issuance of debentures, which is a marketable security. The rate of duty/tax payable is further prescribed in Sl.No.27 in Schedule-I of the Act. According to the …

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High Court 07 May 2014 GJHC240215962012

… annulment shall be without prejudice to the validity of anything previously done under that rule." Section 31 - Power of Securities and Exchange Board of India to make regulations 1[31.Power of Securities and Exchange Board of India to make regulations. (1) Without prejudice to the provisions contained in section 30 of the Securities and Exchange Board of India Act, 1992, the Securities and Exchange Board of India, may, by notification in the Official Gazette, make regulations consistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act. 2[(2) In particular, and without …

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Made under this section, and citing it

40 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

All subordinate legislation

Questions about Section 30

What have the courts held on Section 30 of the Securities and Exchange Board of India Act?

Sunita Bhagat vs Sebi (15 Jul 2016) is the leading judgment on this section among those set out below: Power to frame regulations. Court noted that bar under Section 12(1B) is operative regardless of whether Section 30 regulations have been framed - regulations provide procedure for compliance, not condition for bar's existence.

How do I find court cases under Section 30 of the Securities and Exchange Board of India Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Sebi Act 30, section 30 Sebi Act, section 30 of the Securities and Exchange Board of India Act. People searching for it also type section 30 of the securities and exchange board of india act 1992. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sunita Bhagat vs Sebi (15 Jul 2016).

What should I read with Section 30 of the Securities and Exchange Board of India Act, and has it changed?

Its own text turns on section 7 (Meetings), section 9 (Officers and employees of the Board), section 11 (Functions of Board), section 11A (Board to regulate or prohibit issue of prospectus, offer document or advertisement soliciting money for issue of securities), and on 3 further provisions, so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 40: most recently (Employees' Service) Regulations, 2001 Last amended on May 08, 2019 (2019), then SEBI (Prohibition of Insider Trading) Regulations, 2015 (Last amended on January 21, 2019) (2019), and 38 more.

When did Section 30 of the Securities and Exchange Board of India Act come into force?

Section 30 of the Securities and Exchange Board of India Act, cited as Sebi Act 30, came into force on 30 Jan 1992, having been enacted on 04 Apr 1992. It is in force as at the date shown on this page.

Other sections of this Act

11. Functions of Board1315 words
11C. Investigation1145 words
12. Registration of stock-brokers, sub-brokers, share transfer agents, etc678 words
28A. Recovery of amounts629 words
15U. Procedure and powers of the Securities Appellate Tribunal494 words
15D. Penalty for certain defaults in case of mutual funds464 words

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. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.