Section 29 in The Securities and Exchange Board of India Act, 1992
Title: Power to make rules
(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the term of office and other conditions of service of the Chairman and the members under sub-section (1) of section 5;
(b) the additional functions that may be performed by the Board under section 11;
(d) the manner in which the accounts of the Board shall be maintained under section 15;
2[(da) the manner of inquiry under sub-section (1) of section 15-I;
(db) the salaries and allowances and other terms and conditions of service of the 3[ Presiding Officers, Members] and other officers and employees of the Securities Appellate Tribunal under section 15-O and sub-section (3) of section 15S;
(dc) the procedure for the investigation of misbehaviour or incapacity of the 4Presiding Officers, or other Members] of the Securities Appellate Tribunal under sub-section (3) of section 15Q;
(dd) the form in which an appeal may be filed before the Securities Appellate Tribunal under section 15T and the fees payable in respect of such appeal];
(e) the form and the manner in which returns and report to be made to the Central Government under section 18;
(f) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules.
1. Clause (c) omitted by Act 9 of 1995, s. 16 (w.e.f. 25-1-1995).
2. Ins. by s. 16, ibid. (w.e.f. 25-1-1995).
3. Subs. by Act 59 of 2002, s. 31, for "Presiding Officers" (w.e.f. 29-10-2002).
4. Subs. by s. 31, ibid., for "Presiding Officers" (w.e.f. 29-10-2002).
Title: Power to make regulations
(1) The Board may, 1*** by notification, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the times and places of meetings of the Board and the procedure to be followed at such meetings under sub-section (1) of section 7 including quorum necessary for the transaction of business;
(b) the term and other conditions of service of officers and employees of the Board under sub-section (2) of section 9;
2[(c) the matters relating to issue of capital, transfer of securities and other matters incidental thereto and the manner in which such matters shall be disclosed by the companies under section 11A;
3[(ca) the utilisation of the amount credited under sub-section (5) of section 11;
(cb) the fulfilment of other conditions relating to collective investment scheme under sub-section (2A) of section 11AA;]
(d) the conditions subject to which certificate of registration is to be issued, the amount of fee to be paid for certificate of registration and the manner of suspension or cancellation of certificate of registration under section 12;]
4[(da) the terms determined by the Board for settlement of proceedings under sub-section (2) and the procedure for conducting of settlement proceedings under sub-section (3) of section 15JB;
(db) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations.]
1. The words "with the previous approval of the Central Government" omitted by Act 9 of 1995, s. 17 (w.e.f. 25-1-1995).
2. Subs. by Act 9 of 1995, s. 17, for clause (c) (w.e.f. 25-1-1995).
3. Ins. by Act 27 of 2014, s. 22 (w.e.f. 18-7-2013).
4. Ins. by s. 22, ibid. (w.e.f. 18-7-2013).
Title: Rules and regulations to be laid before Parliament
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Title: Application of other laws not barred
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
[Amendment of certain enactments.]Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).