THE GAZETTE OF INDIA

regulations · 1992 · State unknown

Download PDF Parent Act Back to Subordinates

Parent: THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 (7c4c1f5343adab106c3a94cafc08a5ecf5957ae7)

Text

THE GAZETTE OF INDIA EXTRAORDINARY PART – – III – SECTION 4 PUBLISHED BY AUTHORITY NEW DELHI, MAY 19, 2009 SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION MUMBAI, the 19th May, 2009 SECURITIES AND EXCHANGE BOARD OF INDIA (INVESTOR PROTECTION AND EDUCATION FUND) REGULATIONS, 2009 No. LAD -NRO/GN/2009 -10/05/163525. -In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Securities and Exchange Board of India hereby makes the following regulations, namely: - CHAPTER I PRELIMINARY Short title and commencement. (1) These regulations may be called the Securities and Exchange Board of India (Investor Protection and Education Fund) Regulations, 2009. They shall come into force on the date of their publication in the Official Gazette. Definitions. (1) In these regulations, unless the context otherwise requires: - (a) ‘Act’ means the Securities and Exchange Board of India Act, 1992 (15 of 1992); (b) 'Board' means the Securities and Exchange Board of India established under section 3 of the Act; (c) ‘Committee’ means the advisory committee constituted under regulation 7 of these regulations; (d) ‘financial year’ means the year commencing on the first day of April; (e) 'Fund' means the Investor Protection and Education Fund created by the Board under section 11 of the Act; (f) ‘investor’ means an investor in securities; (g) 'legal proceedings' means any proceedings before a court or tribunal where one thousand or more investors are affected or likely to be affected by:- (i) mis-statement, misrepresentation or omission in connection with the issue, sale or purchase of securities; (ii) non-receipt of securities allotted or refund of application monies paid by them; (iii) non-payment of dividend; (iv) default in

Rule TOC

4 · . 1 [(1)] The following amounts shall be credited to the Fund:-

2 · [(c) proceeds in accordance with the sub-clause (ii) of clause(e) of sub-regulation (10) of regulation 17 and sub-regulation (3) of regulation 21 of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011];

1 · Existing regulation re-numbered as sub-regulation (1) by the SEBI (Payment of Fees and Mode of Payment) (Amendment) Regulations, w.e.f. 6-3-2017.

2 · Substituted by the SEBI (Investor Protection and Education Fund) (Amendment) Regulations, 2014 w.e f. 09-012014. Prior to substitution, it read as under:

3 · [(f) amounts forfeited for non-fulfilment of obligations specified in regulation 15B of the Securities and Exchange Board of India (Buy-back of Securities) Regulations, 1998;

4 · [(i)] interest or other income received out of any investments made from the Fund;

5 · [(j) monies transferred in accordance with the proviso to sub-regulation (3) of regulation 61A of the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015;

9 · [(2) For the purposes of sub-regulation (1) above, the amounts shall be credited to the Fund through NEFT/RTGS/IMPS or online payment using the SEBI Payment Gateway or any other mode as may be specified by the Board from time to time.]

5 · (1) The Fund shall be utilised for the purpose of protection of investors and promotion of investor education and awareness in accordance with these regulations.

3 · Inserted ibid.

4 · Renumbered by the SEBI (Investor Protection and Education Fund) (Amendment) Regulations, 2014 w.e f. 09-012014.

5 · Inserted by the Securities and Exchange Board of India (Investor Protection and Education Fund) (Second Amendment) Regulations, 2023 w.e.f. 23.10.2023.

6 · Inserted by the Securities and Exchange Board of India (Investor Protection and Education Fund) (Amendment) Regulations, 2025 w.e.f. 02.09.2025.

7 · Ibid.

8 · Substituted for "(j)" by the Securities and Exchange Board of India (Investor Protection and Education Fund) (Second Amendment) Regulations, 2023 w.e.f. 23.10.2023.

9 · Substituted by the SEBI (Payment of Fees and Mode of Payment) (Amendment) Regulations, 2023, w.e.f. 1-4-2023 . Prior to substitution, it read as under:

11 · [(ga) any reward under the guidelines as may be issued by the Board from time to time for the grant and payment of reward to the informants for providing original information to the Board to recover amounts under section 28A of the Act or section 23JB of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or section 19-IB of the Depositories Act, 1996 (22 of 1996); and]

12 · [ 13 [(3) Notwithstanding the provisions of sub-regulations (1) and (2),- i. the amounts disgorged and credited to the Fund in accordance with clause (h) of sub regulation (1) of regulation 4 of these regulations and the interest accrued thereon shall, in cases where the Board deems fit to make restitution to eligible and identifiable investors who have suffered losses resulting from violation of securities laws or for rewarding informants who provide original information to the Board to recover amounts directed to be disgorged, be utilised only for the purposes of such restitution or reward;

10 · The word "and" omitted by the Securities and Exchange Board of India (Investor Protection and Education Fund) (Amendment) Regulations, 2023 w.e.f 28.02.2023.

11 · Inserted by the Securities and Exchange Board of India (Investor Protection and Education Fund) (Amendment) Regulations, 2023 w.e.f 28.02.2023.

12 · Inserted by SEBI (Investor Protection and Education Fund) (Amendment) Regulations, 2014 w.e f. 09-01- 2014.

13 · Substituted by the Securities and Exchange Board of India (Investor Protection and Education Fund) (Second Amendment) Regulations, 2023 w.e.f. 23.10.2023. Prior to substitution, the clause read as follows:

6 · Conditions for Aid.

14 · Substituted for the words and symbol "and (l)" by the Securities and Exchange Board of India (Investor Protection and Education Fund) (Amendment) Regulations, 2025 w.e.f. 02.09.2025.

15 · Substituted for the words and symbol "and (l)" by the Securities and Exchange Board of India (Investor Protection and Education Fund) (Amendment) Regulations, 2025 w.e.f. 02.09.2025.

10 · (1) The expenses including travel and other allowances of members of the Committee, who are officials of the Board, and invitees who are officials of the Board, shall be borne by the Board in accordance with their entitlements.

12 · If in the opinion of the Board, strict enforcement of any regulation needs to be relaxed to achieve the purpose of investor protection and education, the Board may relax the same.

1 · In regulation 28,