Sebi Powers: More than 300 attachment proceedings to continue

Since Oct, 2013, it has initiated at least 311 attachment proceedings in nearly 65 cases for recovery of investor money amassed through illicit schemes

Sebi has initiated more than 300 attachment proceedings in about 65 different cases for recovery of close to Rs 2,000 crore from defaulters and fraudsters, including those having raised money through illicit money-pooling activities.

These cases are over and above the attachment orders passed through court orders, such as in case of Sahara group, and involve direct attachment orders passed by Sebi, powers for which was granted to the regulator through an ordinance promulgated by the government.

While this ordinance has lapsed due to non-passage of a relevant bill in the Parliament, actions taken by Sebi till January 15 would remain valid and the recovery proceedings will continue in these cases, a senior official said.

The government would have to either pass the bill in the next Parliament Session or promulgate the ordinance for third time at a later date for resumption of these powers to Sebi.

The ordinance for grant of additional powers, which included freezing of bank accounts, attachment of properties, conduct of search and seizure operations and launch of recovery proceedings, to Sebi was first promulgated in July and for the second time in September last year.

Using these powers, Sebi began passing attachment orders and launching recovery proceedings in October 2013. Since then, it has initiated at least 311 attachment proceedings in nearly 65 cases for recovery of investor money amassed through illicit schemes, as also of long-pending penalties for various market related defaults.

The Securities and Exchange Board of India (Sebi) had been seeking these powers for long to better regulate markets and take to task the fraudsters and other defaulters more effectively.

Soon after the promulgation of the ordinance, Sebi began exercising these powers and also put in place necessary operational mechanism, including those requiring changes in the manpower deployment.

Under its recovery mechanism, Sebi was authorised to order attachment and sale of defaulter's movable property and immovable properties, freezing of bank accounts, arrest of the defaulter and his detention in prison, as also appointment of a receiver for management of movable and immovable properties.

Sebi has also appointed a Recovery Officer at its Head Office in Mumbai, while it is appointing more Recovery Officers at regional offices to expedite the recovery process.

A training programme was also conducted for Sebi officials on search, seizure and recovery procedures. In order to have uniformity in the recovery process, a Recovery was made for internal guidance in line with the procedures adopted by the Income Tax Department for recovery of tax.

While finalising this manual, inputs were also taken from the senior income tax officials.