Securities and Exchange Board of India

Securities and Exchange Board of India
भारतीय प्रतिभूति और विनिमय बोर्ड

SEBI Bhavan, Mumbai headquarters
Agency overview
Formed 12 April 1992[1]
Jurisdiction Government of India
Headquarters Mumbai, Maharashtra
Employees 643 (2012)[2]
Agency executive
Website www.sebi.gov.in

The Securities and Exchange Board of India (SEBI) is the regulator for the securities market in India. It was established in the year 1992 and given statutory powers on 12 April 1992 through the SEBI Act, 1992.[1]

History

It was established by The Government of India on 12 April 1992 and given statutory powers in 1992 with SEBI Act 1992 being passed by the Indian Parliament. SEBI has its headquarters at the business district of Bandra Kurla Complex in Mumbai, and has Northern, Eastern, Southern and Western Regional Offices in New Delhi, Kolkata, Chennai and Ahmedabad respectively. It has opened local offices at Jaipur and Bangalore and is planning to open offices at Guwahati, Bhubaneshwar, Patna, Kochi and Chandigarh in Financial Year 2013 - 2014.

Controller of Capital Issues was the regulatory authority before SEBI came into existence; it derived authority from the Capital Issues (Control) Act, 1947.

Initially SEBI was a non statutory body without any statutory power. However, in 1995, the SEBI was given additional statutory power by the Government of India through an amendment to the Securities and Exchange Board of India Act, 1992. In April 1988 the SEBI was constituted as the regulator of capital markets in India under a resolution of the Government of India.

The SEBI is managed by its members, which consists of following:

  1. The chairman who is nominated by Union Government of India.
  2. Two members, i.e., Officers from Union Finance Ministry.
  3. One member from the Reserve Bank of India.
  4. The remaining five members are nominated by Union Government of India, out of them at least three shall be whole-time members.

Organization structure

Upendra Kumar Sinha was appointed chairman on 18 February 2011 replacing C. B. Bhave.[3]

The Board comprises[4]

Name Designation
Upendra Kumar Sinha Chairman
Gurumoorthy Mahalingam Whole Time Member
Rajeev Kumar Agarwal Whole Time Member
S Raman Whole Time Member
Shakti kanta das, Economic affairs Secretary, finance ministry
V. K. Jairath magya Member Appointed
N S Vishwanatham Deputy Governor, Reserve Bank of India
Naved Masood Secretary, Ministry of Corporate Affairs
Prem Kumar Oberoi Part Time Member

List of former Chairmen:[5]

Name From To
U K Sinha 18 February 2011 present
C. B. Bhave 18 February 2008 18 February 2011
M. Damodaran 18 February 2005 18 February 2008
G. N. Bajpai 20 February 2002 18 February 2005
D. R. Mehta 21 February 1995 20 February 2002
S. S. Nadkarni 17 January 1994 31 January 1995
G. V. Ramakrishna 24 August 1990 17 January 1994
Dr. S. A. Dave 12 April 1988 23 August 1990

Functions and responsibilities

The Preamble of the Securities and Exchange Board of India describes the basic functions of the Securities and Exchange Board of India as "...to protect the interests of investors in securities and to promote the development of, and to regulate the securities market and for matters connected there with or incidental there to".

SEBI has to be responsive to the needs of three groups, which constitute the market:

SEBI has three functions rolled into one body: quasi-legislative, quasi-judicial and quasi-executive. It drafts regulations in its legislative capacity, it conducts investigation and enforcement action in its executive function and it passes rulings and orders in its judicial capacity. Though this makes it very powerful, there is an appeal process to create accountability. There is a Securities Appellate Tribunal which is a three-member tribunal and is headed by Mr. Justice J P Devadhar, a former judge of the Bombay High Court.[6] A second appeal lies directly to the Supreme Court. SEBI has taken a very proactive role in streamlining disclosure requirements to international standards.[7]

Powers

For the discharge of its functions efficiently, SEBI has been vested with the following powers:

  1. to approve by−laws of stock exchanges.
  2. to require the stock exchange to amend their by−laws.
  3. inspect the books of accounts and call for periodical returns from recognized stock exchanges.
  4. inspect the books of accounts of financial intermediaries.
  5. compel certain companies to list their shares in one or more stock exchanges.
  6. registration brokers.

There are two types of brokers:

  1. circuit broker
  2. merchant broker

SEBI committees

  1. Technical Advisory Committee
  2. Committee for review of structure of market infrastructure institutions
  3. Advisory Committee for the SEBI Investor Protection and Education Fund
  4. Takeover Regulations Advisory Committee
  5. Primary Market Advisory Committee (PMAC)
  6. Secondary Market Advisory Committee (SMAC)
  7. Mutual Fund Advisory Committee
  8. Corporate Bonds & Securitization Advisory Committee

Major achievements

SEBI has enjoyed success as a regulator by pushing systematic reforms aggressively and successively. SEBI is credited for quick movement towards making the markets electronic and paperless by introducing T+5 rolling cycle from July 2001 and T+3 in April 2002 and further to T+2 in April 2003. The rolling cycle of T+2[8] means, Settlement is done in 2 days after Trade date.[9] SEBI has been active in setting up the regulations as required under law. SEBI did away with physical certificates that were prone to postal delays, theft and forgery, apart from making the settlement process slow and cumbersome by passing Depositories Act, 1996.[10]

SEBI has also been instrumental in taking quick and effective steps in light of the global meltdown and the Satyam fiasco. In October 2011, it increased the extent and quantity of disclosures to be made by Indian corporate promoters.[11] In light of the global meltdown, it liberalised the takeover code to facilitate investments by removing regulatory structures. In one such move, SEBI has increased the application limit for retail investors to Rs 2 lakh, from Rs 1 lakh at present.[12]

Controversies

Supreme Court of India heard a Public Interest Litigation (PIL) filed by India Rejuvenation Initiative that had challenged the procedure for key appointments adopted by Govt of India. The petition alleged that, "The constitution of the search-cum-selection committee for recommending the name of chairman and every whole-time members of SEBI for appointment has been altered, which directly impacted its balance and could compromise the role of the SEBI as a watchdog." [13][14] On 21 November 2011, the court allowed petitioners to withdraw the petition and file a fresh petition pointing out constitutional issues regarding appointments of regulators and their independence. The Chief Justice of India refused the finance ministry’s request to dismiss the PIL and said that the court was well aware of what was going on in SEBI.[13][15] Hearing a similar petition filed by Bengaluru-based advocate Anil Kumar Agarwal, a two judge Supreme Court bench of Justice SS Nijjar and Justice HL Gokhale issued a notice to the Govt of India, SEBI chief UK Sinha and Omita Paul, Secretary to the [President of India].[16][17]

Further, it came into light that Dr KM Abraham (the then whole time member of SEBI Board) had written to the Prime Minister about malaise in SEBI. He said, "The regulatory institution is under duress and under severe attack from powerful corporate interests operating concertedly to undermine SEBI". He specifically said that Finance Minister's office, and especially his advisor Omita Paul, were trying to influence many cases before SEBI, including those relating to Sahara Group, Reliance, Bank of Rajasthan and MCX.[18][19]...

See also

References

  1. 1 2 "About SEBI". SEBI. Archived from the original on 3 October 2010. Retrieved 26 September 2012.
  2. ↑ http://www.sebi.gov.in/acts/EmployeeDetails.html
  3. ↑ A rendezvous: CB Bhave's 3-years at SEBI - CNBC-TV18. Moneycontrol.com. Retrieved on 2013-07-29.
  4. ↑ "Microsoft Word - Boardmembers.doc" (PDF). Retrieved 2012-02-28.
  5. ↑ "Former Chairmen of SEBI" (PDF). SEBI. Retrieved 19 February 2011.
  6. ↑ Govt appoints JP Devadhar as new Presiding Officer of Securities Appellate Tribunal - Economic Times. Articles.economictimes.indiatimes.com (2013-07-15). Retrieved on 2013-12-06.
  7. ↑ "Cyril Shroff Managing Partner Mumbai & National Capital Market head Amarchand". http://barandbench.com/. External link in |publisher= (help)
  8. ↑ "Discussion Paper Implementation of T+2 rolling settlement" (PDF). SEBI. Retrieved 25 October 2012.
  9. ↑ "Sebi gets rolling on T+2 settlement schedule". economictimes. 4 January 2003. Retrieved 25 October 2012.
  10. ↑ Sebi’s 25-year journey. Livemint (2013-05-21). Retrieved on 2013-07-29.
  11. ↑ "SEBI makes it mandatory for companies to disclose promoters' shares". Economic Times. 6 October 2011. Retrieved 26 October 2012.
  12. ↑ "Sebi doubles retail limit, tightens IPO norms". business.rediff.com. Retrieved 27 October 2010.
  13. 1 2 "Is Sebi's Autonomy Under Threat?". 15 November 2011. Retrieved 10 April 2012.
  14. ↑ "PIL alleges nexus in Sebi appointments". 5 November 2011. Retrieved 10 April 2012.
  15. ↑ "SC allows eminent citizens to withdraw petition against SEBI chief's appointment". 21 November 2011. Retrieved 10 April 2012.
  16. ↑ "Notice to Centre on quo warranto against SEBI chief". The Hindu. 26 September 2012. Retrieved 26 September 2012.
  17. ↑ "SC seeks Centre's reply on PIL on Sebi chairman's appointment". The Deccan Herald. 26 September 2012. Retrieved 26 September 2012.
  18. ↑ "KM Abraham's letter to PM". Prime Minister's Office. 20 October 2011. Retrieved 11 April 2012.
  19. ↑ "Pranab-Chidu feud may be revived over Sebi chief PIL". 12 November 2011. Retrieved 11 April 2012.
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