Amit is accused for certain offences under SEBI Act, 1992. Accordingly, SEBI ordered him to follow certain direction for the refund of money he made due to his illegal actions in the stock market and imposed penalty for
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2023
Amit is accused for certain offences under SEBI Act, 1992. Accordingly, SEBI ordered him to follow certain direction for the refund of money he made due to his illegal actions in the stock market and imposed penalty for the same. Amit was neither able to refund the money nor able to pay penalty imposed. He has declared to SEBI that after the investigation, he has stopped doing any business and has totally cut off from the stock market. He no more deals in trading of securities. Can SEBI recover the amount from Amit ? Explain.
Answer & Explanation:
According to Section 28A of the Securities and Exchange Board of India Act, 1992 , if a person fails to pay the penalty imposed under this Act or fails to comply with any direction of the Board for refund of monies or fails to comply with a direction of disgorgement order issued under section 11B or fails to pay any fees due to the Securities and Exchange Board of India, the Recovery Officer may draw up under his signature a statement in the specified form specifying the amount due from the person and shall proceed to recover from such person the amount specified in the certificate by one or more of the following modes, namely: (a) attachment and sale of the person's movable property; (b) attachment of the person's bank accounts; (c) attachment and sale of the person's immovable property; (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person's movable and immovable properties, and for this purpose, the provisions of sections 220 to 227, 228A, 229, 232, the Second and Third Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules made thereunder were the provisions of this Act and referred to the amount due under this Act instead of to income-tax under the Income-tax Act, 1961. In view of the above provision, it can be said that SEBI can recover the amount from Amit in the manner as provided under Sec 28A of SEBI Act, 1992.
Topics: SEBI Act, 1992
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