|
Mumbai:
The Securities and Exchange Board of India (SEBI)
has announced a new system for settling disputes under
which it can slap penalties on defaulters without taking
recourse to long drawn litigation in courts.
Violators
or defaulters of securities laws can now approach the
SEBI''s high-power committee which will be headed
by a retired high court judge for compounding of
offences to obtain what is called a ''consent order''.
The
committee, while granting a `consent order'' sought by
a defaulter, will consider factors such as the object
of the violated law as also the interest of the investors
and the securities market.
It
will also take into consideration factors such as gravity
of charge, nature of violation whether the violation
was intentional party''s conduct during investigation,
history of non-compliance, benefits accruing for delaying
compliance, while approving the consent order, said the
SEBI guidelines.
The
consent orders will detail remedial action and payment
of consent penalties, in cases where the proceedings are
pending or are likely to be instituted.
While
the order will provide flexibility of enforcement actions
to impose adequate sanction and create sufficient deterrence,
the guidelines also allow the committee to revise the
terms of consent orders proposed by defaulters if they
are found inadequate in light of the gravity of offences
committed.
The
changes are inspired by US market regulator, the Securities
and Exchange Commission, which "settles a substantial
number (over 90 per cent) of administrative/civil cases
by consent orders, the Sebi said in a circular.
|