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Securities and Exchange Board of India (Amendment) Act, 2002 Complete Act

Title: Securities and Exchange Board of India (Amendment) Act, 2002

State: Central

Year: 2002

Preamble1 - SECURITIES AND EXCHANGE BOARD OF INDIA (AMENDMENT) ACT, 2002 Section1 - Short title and commencement Section2 - Amendment of section 2 Section3 - Amendment of section 4 Section4 - Amendments of section 11 Section5 - Substitution of new section for section 11A Section6 - Insertion of new sections 11C and 11D Section7 - Insertion of new Chapter VA Section8 - Amendment of section 14 Section9 - Amendment of section 15A Section10 - Amendment of section 15B Section11 - Substitution of new section for section 15C Section12 - Penalty for failure to redress investors' grievances Section13 - Amendment of section 15E Section14 - Amendment of section 15F Section15 - Amendment of section 15G Section16 - Amendment of section 15H Section17 - Insertion of new section 15HA and 15HB Section18 - Amendment of section 15-I Section19 - Insertion of new section 15JA Section20 - Substitution of new sections for sections 15L and 15M Section21 - Substitution of new section for section 15N Section22 - Amendment of section 15-O Section23 - Amendment of section 15P Section24 - Amendment of section 15Q Section25 - Amendment of section 15R Section26 - Substitution of new.....

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Securities and Exchange Board of India (Amendment) Act, 2002 Preamble 1

Title: Securities and Exchange Board of India (Amendment) Act, 2002

State: Central

Year: 2002

THE SECURITIES AND EXCHANGE BOARD OF INDIA (AMENDMENT) ACT, 2002 [Act, No. 59 of 2002] PREAMBLE An Act further to amend the Securities and Exchange Board of India Act, 1992. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:--

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Securities and Exchange Board of India (Amendment) Act, 2002 Section 4

Title: Amendments of Section 11

State: Central

Year: 2002

.....of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder : Provided that only the bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder shall be allowed to be attached; (f) direct any intermediary or any person associated with the securities market in any manner not to dispose of or alienate an asset forming part of any transaction which is under investigation: Provided that the Board may, without prejudice to the provisions contained in sub-section (2) or sub-section (2A), take any of the measures specified in clause (d) or clause (e) or clause (f), in respect of any listed public company or a public company (not being intermediaries referred to in section 12) which intends to get its securities listed on any recognised stock exchange where the Board has reasonable grounds to believe that such company has been indulging in insider trading or fraudulent and unfair trade.....

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Securities and Exchange Board of India (Amendment) Act, 2002 Section 6

Title: Insertion of New Sections 11c and 11d

State: Central

Year: 2002

.....or the securities market; or (b) any intermediary or any person associated with the securities market has violated any of the provisions of this Act or the rules or the regulations made or directions issued by the Board thereunder, it may, at any time by order in writing, direct any person (hereafter in this section referred to as the Investigating Authority) specified in the order to investigate the affairs of such intermediary or persons associated with the securities market and to report thereon to the Board. (2) Without prejudice to the provisions of sections 235 to 241 of the Companies Act, 1956, it shall be the duty of every manager, managing director, officer and other employee of the company and every intermediary referred to in section 12 or every person associated with the securities market to preserve and to produce to the Investigating Authority or any person authorised by it in this behalf, all the books, registers, other documents and record of, or relating to, the company or, as the case may be, of or relating to, the intermediary or such person, which are in their custody or power. (3) The Investigating Authority may require any intermediary or any.....

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Securities and Exchange Board of India (Amendment) Act, 2002 Section 20

Title: Substitution of New Sections for Sections 15l and 15m

State: Central

Year: 2002

For sections 15L and 15M of the principal Act, the following sections shall be substituted, namely:-- "15L. Composition of Securities Appellate Tribunal.-- A Securities Appellate Tribunal shall consist of a Presiding Officer and two other Members, to be appointed, by notification, by the Central Government: Provided that the Securities Appellate Tribunal, consisting of one person only, established before the commencement of the Securities and Exchange Board of India (Amendment) Act, 2002, shall continue 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 till two other Members are appointed under this section. 15M. Qualification for appointment as Presiding Officer or Member of Securities Appellate Tribunal.-- (1) A person shall not be qualified for appointment as the Presiding Officer of a Securities Appellate Tribunal unless he is a sitting or retired Judge of the Supreme Court or a sitting or retired Chief Justice of a High Court: Provided that the Presiding Officer of the Securities Appellate Tribunal shall be appointed by the Central Government in consultation with the Chief Justice.....

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Securities and Exchange Board of India (Amendment) Act, 2002 Section 5

Title: Substitution of New Section for Section 11a

State: Central

Year: 2002

For section 11A of the principal Act, the following section shall be substituted, namely:-- "11A. Board to regulate or prohibit issue of prospecuts, offer document or advertisement soliciting money for issue of securities.-- (1) Without prejudice to the provisions of the Companies Act, 1956 (1 of 1956), the Board may, for the protection of investors,-- (a) specify, by regulations -- (i) the matters relating to issue of capital, transfer of securities and other matters incidental thereto; and (ii) the manner in which such matters shall be disclosed by the companies; (b) by general or special orders-- (i) prohibit any company from issuing prospectus, any offer document, or advertisement soliciting money from the public for the issue of securities; (ii) specify the conditions subject to which the prospectus, such offer document or advertisement, if not prohibited, may be issued. (2) Without prejudice to the provisions of section 21 of the Securities Contracts (Regulation) Act, 1956, the Board may specify the requirements for listing and transfer of securities and other matters incidental thereto.".

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Securities and Exchange Board of India (Amendment) Act, 2002 Section 11

Title: Substitution of New Section for Section 15c

State: Central

Year: 2002

For section 15C of the principal Act, the following section shall be substituted, namely:-- "15C. If any listed company or any person who is registered as an intermediary, after having been called upon by the Board in writing, 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 of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less.".

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Securities and Exchange Board of India (Amendment) Act, 2002 Section 29

Title: Insertion of New Sections 24a and 24b

State: Central

Year: 2002

.....recommendation by the Board, if the Central Government is satisfied, that any person, who is alleged to have violated any of the provisions of this Act or the rules or the regulations made thereunder, has made a full and true disclosure in respect of the alleged violation, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this Act, or the rules or the regulations made thereunder or also from the imposition of any penalty under this Act with respect to the alleged violation: Provided that no such immunity shall be granted by the Central Government in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of application for grant of such immunity: Provided further that recommendation of the Board under this sub-section shall not be binding upon the Central Government. (2) An immunity granted to a person under sub-section (1) may, at any time, be withdrawn by the Central Government, if it is satisfied that such person had, in the course of the proceedings, not complied with the condition on which the immunity was granted or had given.....

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Securities and Exchange Board of India (Amendment) Act, 2002 Section 32

Title: Repeal and Saving

State: Central

Year: 2002

(1) The Securities and Exchange Board of India (Amendment) Ordinance, 2002 (Ord. 6 of 2002), is hereby repealed. (2) Notwithstanding the repeal of the Securities and Exchange Board of India (Amendment) Ordinance, 2002 (Ord. 6 of 2002), anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.

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Securities and Exchange Board of India (Amendment) Act, 2002 Section 17

Title: Insertion of New Section 15ha and 15hb

State: Central

Year: 2002

After section 15H of the principal Act, the following sections shall be inserted, namely:-- " 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 of twenty-five crore rupees or three times the amount of profits made out of such practices, whichever is higher. 15HB. Penalty for contravention where Not Found 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 liable to a penalty which may extend to one crore rupees.".

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