2. SEBI (1992)
• An Act to provide for the establishment of a Board 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.
BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows
3. Short title, extent and
commencement.
• 1. (1) This Act may be called the Securities and Exchange
Board of India Act, 1992.
• (2) It extends to the whole of India.
• (3) It shall be deemed to have come into force on the
30th day of January, 1992.
4. Definitions
(a) “Board” means the Securities and Exchange Board of India established
under section 3;
(b) “Chairman” means the Chairman of the Board;
1 [(ba) “collective investment scheme” means any scheme or
arrangement which satisfies the
conditions specified in section 11AA;]
(c) “existing Securities and Exchange Board” means the Securities and
Exchange Board of
India constituted under the Resolution of the Government of India in the
Department of
Economic Affairs No. 1(44) SE/86, dated the 12th day of April, 1988;
(d) “Fund” means the Fund constituted under section 14;
(e) “member” means a member of the Board and includes the Chairman;
5. Definitions (contd)
(f) “notification” means a notification published in the Official Gazette;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “regulations” means the regulations made by the Board under this Act;
2[(ha) “Reserve Bank” means the Reserve Bank of India constituted under
section 3 of the
Reserve Bank of India Act, 1934 (2 of 1934);]
(i) “securities” has the meaning assigned to it in section 2 of the Securities
Contracts
(Regulation) Act, 1956 (42 of 1956).
3[(2) Words and expressions used and not defined in this Act but defined in the
Securities
Contracts (Regulation) Act, 1956 (42 of 1956) 4[or the Depositories Act, 1996],
shall have the
meanings respectively assigned to them in that Act].
6. Powers and Functions of the Board
• Subject to the provisions of this Act, it shall be the duty of
the Board to protect the interests of investors in securities
and to promote the development of, and to regulate the
securities market, by such measures as it thinks fit.
• promoting and regulating self-regulatory organisations;
• prohibiting fraudulent and unfair trade practices relating to
securities markets;
• promoting investors’ education and training of
intermediaries of securities markets;
• prohibiting insider trading in securities;
• regulating substantial acquisition of shares and take over of
companies;
7. Consumer Protection Act, (1986)
• Consumer Protection Act, 1986:-
“An Act provide for better protection of the interest of
the consumers and for that purpose to make provisions
for the establishment of consumer councils and other
authorities for the settlement of consumer’s dispute and
for matters connected therewith.”
8. Consumer Rights
1. Right against exploitation by unfair trade practices.
2. Right to protection of health and safety from the goods and
services the consumers buy or are offered free.
3. Right to be informed of the quality and performance
standards, ingredients of the product, operational
requirements, freshness or the product, possible adverse side
effects and other relevant facts concerning the product or
service.
4. Right to be heard if there is any grievance or suggestions.
5. Right to get genuine grievances redressed.
6. Right to choose the best from a variety of offers.
7. Right to physical environment that will protect and enhance
the quality of life.
9. Consumer Disputes Redressal
Agencies
• District Consumer Disputes Redressal Forum (DCDRF)
• State Consumer Disputes Redressal Commission
(SCDRC)
• National Consumer Disputes Redressal Commission
(NCDRC)
10. District Consumer Disputes Redressal
Forum (DCDRF):
• Also known as the "District Forum" established by the
State Government in each district of the State.
• The State Government may establish more than one
District Forum in a district.
• These courts can deal with cases value till Rs.
2,000,000/-
11. State Consumer Disputes Redressal
Commission
• Also known as the "State Commission" established by
the State Government in the State.
• These courts can deal with cases value till Rs.
10,000,000
12. National Consumer Disputes
Redressal Commission (NCDRC)
• Established by the Central Government. It is a national
level court that works for the whole country.
• It is a national level court that works for the whole
country and deals with amount more than
1,00,000,00/-
13. The changing dimension of these laws
and their impact on business
• FERA was replaced by FEMA, thus regulation of foreign
currency became management of foreign currency.
• The rigidity involved in managing foreign exchange has
lead towards maintenance of less personal stash for
foreign currency.
• Companies are more careful in producing and providing
services to the customers with consumer protection act
in existence.
• With SEBI act the investors are safeguarded. The
incidents of financial frauds has decreased over the
time. Trust of investor increased.