Section 11B - Power to issue directions and levy penalty - Securities and Exchange Board of India Act, 1992

1 [Power to issue directions 3 [and levy penalty]. 11B. 4 [ 1 ] Save as otherwise provided in section 11, if after making or causing to be made an enquiry, the Board is satisfied that it is necessary,- (i) in the interest of investors, or orderly development of securities market; or (ii) to prevent the affairs of any intermediary or other persons referred to in section 12 being conducted in a manner detrimental to the interest of investors or securities market; or (iii) to secure the proper management of any such intermediary or person, it may issue such directions,- (a) to any person or class of persons referred to in section 12, or associated with the securities market; or (b) to any company in respect of matters specified in section 11A, as may be appropriate in the interests of investors in securities and the securities market.] 2 [ Explanation.-For the removal of doubts, it is hereby declared that the power to issue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention. ] 5 [ (2) Without prejudice to the provisions contained in sub-section (1), sub-section (4A) of section 11 and section 15-I, the Board may, by an order, for reasons to be recorded in writing, levy penalty under sections 15A, 15B, 15C, 15D, 15E, 15EA, 15EB, 15F, 15G, 15H, 15HA and 15HB after holding an inquiry in the prescribed manner. ] ************ 1 Inserted by Securities Laws (Amendment) Act 1995, w.e.f. 25-1-1995. 2 Inserted by the Securities Laws (Amendment) Act, 2014, w.r.e.f. 18-07-2013. 3. Inserted vide FINANCE ACT, 2018 w.e.f. 08-03-2019 4.Re-numbered vide FINANCE ACT, 2018 w.e.f. 08-03-2019 5. Inserted vide FINANCE ACT, 2018 w.e.f. 08-03-2019