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Unit 2: Industrial Policy and Regulatory Structure




          2.4 Securities and Exchange Board of India (SEBI)                                     Notes

          A major development in the Indian stock market took place in 1988 when Securities and Exchange
          Board of India (SEBI) was established through an  administrative order, on the lines of the
          Securities and Investment Board of the U.K. But it became really powerful in 1992 when CICA
          was repealed and the office of Controller of Capital Issues was abolished. The Securities and
          Exchange Board Act of 1992 provides for the establishment of a board to protect the interest of
          investors and to promote the development and regulation of the securities market. The Board of
          SEBI consists of six members comprising the chairman, two members from  the amongst  the
          official of the ministries of the central government dealing with finance and law, two members
          who are professional and have expertise or special knowledge relating to securities market, and
          one member for the RBI.

          SEBI is entrusted with following functions:
          1.   Regulating the business in stock exchanges and any other securities market
          2.   Registering and regulating the  working of  stock brokers,  sub-brokers,  share  transfer
               agents, bankers to an issue, merchant bankers, underwriters, portfolio managers, investment
               advisers and such other intermediaries who may be associated with securities market in
               any manner
          3.   Registering and regulating the working of collective investment schemes, including mutual
               funds
          4.   Promoting and regulating self-regulatory organizations
          5.   Prohibiting fraudulent and unfair trade practices relating to securities market
          6.   Promoting investors' education and training of intermediaries of securities market
          7.   Prohibiting insider trading in securities

          8.   Regulating substantial acquisition of shares and take-overs and mergers of companies
          9.   Calling for information from, undertaking inspection, conducting inquiries and audits of
               the stock exchange and intermediaries and self-regulatory organization in the securities
               market
          10.  Levying fees or other changes for carrying out the above purposes.
          SEBI has five operational departments. Besides that it has two more departments – the legal
          department and the investigation department. Their scope is as follows:
          1.   The Primary Market Policy, Intermediaries, Self-Regulatory Organizations (SROs), and
               Investor grievances  and Guidance  Department:  It  looks after  all  policy  matters  and
               regulatory issues in respect of primary market, registration, merchant bankers, portfolio
               management services, investment advisers, debentures trustees, underwriters, SROs and
               investor grievances, guidance, education and association.
          2.   The Issue Management and Intermediaries Department: It is responsible for vatting of all
               prospectuses and letters of offer for public and rights issues, for coordinating with the
               primary  market policy,  for registration,  regulation and  monitoring of  issue-related
               intermediaries.
          3.   The Secondary Market Policy, Operation and Exchange Administration, New Investment
               Products and Insider Trading Department: It is responsible for all policy and regulatory
               issues of the secondary market and new investment products, registration and monitoring
               of members of stock exchanges, administration of some of the stock exchanges, market




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