Page 301 - DCOM304_INDIAN_FINANCIAL_SYSTEM
P. 301

Indian Financial System




                    Notes          result, interests of the investors suffered grievously. It was, therefore, considered necessary to
                                   set up an apex body at the national level to provide the investors with an organized and well-
                                   regulated market place. Accordingly, the SEBI was established in 1988 by the Government of
                                   India through an executive resolution, and was subsequently upgraded as a fully autonomous
                                   body in the year 1992 with the passing of the SEBI Act on 30th January, 1992. Thus, in place of
                                   government control, a statutory and autonomous regulatory board with defined powers and
                                   responsibilities, to cover both development and regulation of the market, was set up.

                                   The basic objectives of the SEBI were identified as:
                                   1.  To protect the interests of investors in securities;
                                   2.  To promote the development of the securities market;
                                   3.  To regulate the securities market; and

                                   4.  Also for matters connected therewith or incidental thereto.

                                   14.2.2 Tasks of the SEBI

                                   So as to ensure that interests of the investors are well protected and the development of the
                                   securities market is well fostered, the SEBI has been assigned two major tasks, viz., regulatory
                                   and developmental.
                                   Under regulatory function, the SEBI is required to carry out the job of regulating the business in
                                   stock exchanges and other securities market, registering and regulating the working of stock
                                   brokers, sub-brokers, share transfer agents, bankers to an issue, merchant bankers, underwriters,
                                   etc., and regulating  the working of collective  investment schemes including mutual funds.
                                   Another regulatory function of the SEBI is to prohibit fraudulent and unfair trade practices and
                                   take power of companies.

                                   The SEBI has to perform as a development institution in order to serve as an effective body to
                                   develop securities market and safeguard interests of the investors. The SEBI has to educate
                                   investors  and  make  them  aware  of  their  rights  in  clear  and  specific  terms  and  train
                                   intermediaries. It is also required to promote self-regulating organization. The SEBI is also
                                   expected to help the corporate sector in raising funds through securities without any problem
                                   and at a low cost. The SEBI is required to develop a proper infrastructure so that the market
                                   automatically facilitates expansion and growth of business to middlemen like brokers, jobbers,
                                   commercial bankers, mutual funds, etc. It is also expected to make more effective the law in
                                   the existing status as far as they relate to the industrial securities, mutual funds, investment in
                                   units,  LIC savings  plan, Chit  fund companies  and securities issued by  housing/industrial
                                   societies and  corporations with  the purpose  of making  investment in  housing/industrial
                                   projects. The SEBI has to create the framework for more open, orderly and objective conduct in
                                   respect  of takeovers  and mergers  so as  to ensure  fair and  equal treatment  to all  security
                                   holders and facilitate such takeovers and mergers in the efficient manner by prescribing  a
                                   mechanism for a more orderly conduct.
                                   Finally, the SEBI is expected to conduct research and publish information useful to all market
                                   players.

                                   14.2.3 Powers of SEBI

                                   The SEBI has been vested with powers both by the SEBI Act and the SCR Act.





          296                               LOVELY PROFESSIONAL UNIVERSITY
   296   297   298   299   300   301   302   303   304   305   306