Section 15D - Penalty for certain defaults in case of mutual funds - Securities and Exchange Board of India Act, 1992

Penalty for certain defaults in case of mutual funds. 15D . If any person, who is- (a) required under this Act or any rules or regulations made thereunder to obtain a certificate of registration from the Board for sponsoring or carrying on any collective investment scheme, including mutual funds, sponsors or carries on any collective investment scheme, including mutual funds, without obtaining such certificate of registration, he shall be liable to 1 [a penalty 2 [which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which he sponsors or carries on any such collective investment scheme including mutual funds subject to a maximum of one crore rupees]]; (b) registered with the Board as a collective investment scheme, including mutual funds, for sponsoring or carrying on any investment scheme, fails to comply with the terms and conditions of certificate of registration, he shall be liable to 3 [a penalty 4 [which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees]]; (c) registered with the Board as a collective investment scheme, including mutual funds, fails to make an application for listing of its schemes as provided for in the regulations governing such listing, he shall be liable to 5 [a penalty 6 [which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees]]; (d) registered as a collective investment scheme, including mutual funds, fails to despatch unit certificates of any scheme in the manner provided in the regulation governing such despatch, he shall be liable to 7 [a penalty 8 [which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees]]; (e) registered as a collective investment scheme, including mutual funds, fails to refund the application monies paid by the investors within the period specified in the regulations, he shall be liable to 9 [a penalty 10 [which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees]]; (f) registered as a collective investment scheme, including mutual funds, fails to invest money collected by such collective investment schemes in the manner or within the period specified in the regulations, he shall be liable to 11 [a penalty 12 [which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees]]. ********** 1 Substituted for a penalty not exceeding ten thousand rupees for each day during which he carries on any such collective investment scheme including mutual funds, or ten lakh rupees whichever is higher. By the SEBI (Amendment) Act , 2002, w.e.f. 29-10-2002. 2 Substituted for the words of one lakh rupees for each day during which the sponsors or carries on any collective investment scheme including mutual funds, or one crore rupees, whichever is less by the Securities Laws (Amendment) Act, 2014, w.e.f. 08-09-2014. 3 Substituted for a penalty not exceeding ten thousand rupees for each day during which such failure continues or ten lakh rupees, whichever is higher by the SEBI (Amendment) Act , 2002, w.e.f. 29-10-2002. 4 Substituted for the words ―of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less by the Securities Laws (Amendment) Act, 2014, w.e.f. 08-09-2014. 5 Substituted for ―a penalty not exceeding five thousand rupees for each day during which such failure continues or five lakh rupees, whichever is higher by the SEBI (Amendment) Act , 2002, w.e.f. 29-10-2002. 6 Substituted for the words of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less by the Securities Laws (Amendment) Act, 2014, w.e.f. 08-09-2014. 7 Substituted for a penalty not exceeding five thousand rupees for each day during which such failure continues by the SEBI (Amendment) Act, 2002, w.e.f. 29-10-2002. 8 Substituted for the words of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less by the Securities Laws (Amendment) Act, 2014, w.e.f. 08-09-2014. 9 Substituted for a penalty not exceeding one thousand rupees for each day during which such failure continues by the SEBI (Amendment) Act, 2002, w.e.f. 29-10-2002. 10 Substituted for the words of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less by the Securities Laws (Amendment) Act, 2014, w.e.f. 08-09-2014. 11 Substituted for a penalty not exceeding five lakh rupees for each such failure , by the SEBI (Amendment) Act, 2002, w.e.f. 29-10-2002. 12 Substituted for the words of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less by the Securities Laws (Amendment) Act, 2014, w.e.f. 08-09-2014.