Powers of SEBI - tradecareer
POWERS OF SEBI
1. Power to make or amend Bye-laws of Recognised Stock Exchanges
SEBI has power to make or amend bye-laws of a RSE.
Following are the requisites to use this power:
* SEBI can use this power suo-motu (on its own) or on a request made by
governing body of stock exchange.
* It can exercise such power if it is satisfied after consultation with the governing
body of the stock exchange that it is necessary or expedient to do so.
* Such bye-laws should be published in the Official Gazette.
* It will be effective from the date of publication in Official Gazette.
* It will take effect as if the bye-laws are made by the RSE.
* The making or the amendment or revision of any bye-laws shall in all cases be
subject to the condition of previous publication.
Objection by Governing Body
Where the governing body of a RSE objects to any bye-laws made or amended by SEBI
on its own motion, it may, within 2 months of the publication in the Gazette of India
apply to SEBI for revision thereof and SEBI may, after giving an opportunity of being
heard to the governing matter revise the bye-laws so made or amended.
2. Power to make Regulations
SEBI may, by notification in the Official Gazette, make regulations consistent with the
provisions of this Act and the rules made thereunder to carry out the purposes of this
Act.
3. Adjudicating Power
SEBI shall appoint any officer not below the rank of a Division Chief of SEBI to be an
adjudicating officer for holding an inquiry in the prescribed manner after giving any
person concerned a reasonable opportunity of being heard for the purpose of imposing
any penalty.
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