Regulation 5A - Transfer of Pending enquiry - Securities And Exchange Board of India (Procedure For Holding Enquiry By Enquiry Officer And Imposing Penalty) Regulations, 2002

1 [Transfer of Pending enquiry 5A. (1) An enquiry in respect of violation of any provisions of the Securities and Exchange Board of India ( Stock Brokers and Sub-Brokers) Regulations, 1992 pending before any enquiry officer immediately before the date of commencement of the SEBI (Stock Brokers and sub-Brokers)(Second Amendment) Regulations, 2003, being an enquiry in respect of a violation which can be adjudicated under Chapter VI A of the Act pursuant to the provisions of SEBI (Stock Brokers and sub-Brokers)(Second Amendment) Regulations, 2003 may be transferred by the Chairman or the member by an order in writing to an adjudicating officer appointment appointed under Section 15-I of the Act. (2) Where any matter has been transferred from an enquiry officer to an adjudicating officer under sub-regulation (1) ----- (a) the enquiry officer shall, as soon as may be , after such transfer forward the records of such enquiry proceedings to the adjudicating officer; and (b) the adjudicating officer may, on receipt of such records, proceed to deal with the matter, so far as may be, in the same manner as in the case of adjudicating proceedings under the Chapter VI A read with the Securities and Exchange Board of India ( Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995. ] ************ 1. Inserted by the SEBI (Procedure for Holding Enquiry by Enquiry Officer and Imposing Penalty) (Second Amendment) Regulations, 2003 , w.e.f. 30.12.2003