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Section 82

Securities and Exchange Board of India (Issue Of Capital And Disclosure Requirements) Regulations, 2018 (last amended on September 23, 2019)Central Regulations · 1992

(1) Where it is proposed to impose any of the minor penalties specified in clauses

(a) to (e) of regulation 79(1), the employee concerned shall be informed in writing of the imputations of lapses against him and given an opportunity to submit his written statement of defence within a specified period not exceeding 15 days or such extended period as may be granted by the Competent Authority and the defence statement, if any, submitted by the employee shall be taken into consideration by the Competent Authority before passing orders.

(2) Where however, the Competent Authority is satisfied that an inquiry is necessary, it shall follow the procedure for imposing a major penalty as laid down in regulation

80.

(3) The record of the proceedings in such cases shall include:

(a) A copy of the statement of imputations of lapses furnished to the employee;

(b) The defence statement, if any, of the employee; and

(c) The orders of the Competent Authority together with the reasons therefor.

Communication of orders

83. Orders made by the Competent Authority under regulation 81 or regulation 82 shall be communicated to the employee concerned, who shall also be supplied with a copy of the report of inquiry, if any.

Common Proceedings

84. Where two or more employees are concerned in a case, the Competent Authority may make an order directing that the disciplinary proceedings against all of them may be taken in a common proceedings.

Special procedure in certain cases

85. Notwithstanding anything contained in Regulation 80 or Regulation 81 or Regulation 82, the Competent Authority may impose any of the penalties specified in Regulation 79 if the facts on the basis of which action is to be taken have been established in a Court of Law or Court Martial or where the employee has absconded or where it is for any other reason impracticable to communicate with him or where there are other difficulties in observing the requirements contained in Regulation 80, 81 and 82 and the requirements can be waived without injustice to the employee. In every case where all or any of the requirements of Regulation 80, 81 and 82 are waived, the reasons for so doing shall be recorded in writing.

Suspension

Where this provision sits

ActSecurities and Exchange Board of India (Issue Of Capital And Disclosure Requirements) Regulations, 2018 (last amended on September 23, 2019)
Section82
JurisdictionCentral
StatusIn force as published by the source

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