Section 4 in The Securities And Exchange Board Of India (Amendment) Act, 2002
4. Amendment of section 11.-
In section 11 of the principal Act,-(a)in sub- section (2), after clause (i), the following clause shall be inserted, namely:-(ia)calling for information and record from any bank or any other authority or board or corporation established or constituted by or under any Central, State or Provincial Act in respect of any transaction in securities which is under investigation or inquiry by the Board;";(b)after sub- section (2), the following sub- section shall be inserted, namely:-" (2A) Without prejudice to the provisions contained in sub- section (2), the Board may take measures to undertake inspection of any book, or register, or other document or record of any listed public company or a public company (not being intermediaries eferred to in section (12) which intends to get its securities listed on any recognised stock exchange where the Board has reasonable grounds to believe that such company has been indulging in insider trading or fraudulent and unfair trade practices relat ng to securities market.";(c)in sub- section (3),-(i) in the opening portion, for the words, brackets, letter and figure" clause (i) of sub- section (2)", the words, brackets, figures and letters" clause (i) or clause (ia) of sub- section (2) or sub- section (2A)" shall be substituted;(ii)after clause (iii), the following clauses shall be inserted at the end, namely:-" (iv) inspection of any book, or register, or other document or record of the company referred to in sub- section (2A);(v)issuing commissions for the examination of witnesses or documents.";(d)after sub- section (3), the following sub- section shall be inserted, namely:-" (4) Without prejudice to the provisions contained in sub- sections (1), (2), (2A) and (3) and section 11B, the Board may, by an order, for reasons to be recorded in writing, in the interests of investors or securities market, take any of the following me sures, either pending investigation or inquiry or on completion of such investigation or inquiry, namely:-(a)suspend the trading of any security in a recognised stock exchange;(b)restrain persons from accessing the securities market and prohibit any person associated with securities market to buy, sell or deal in securities;(c)suspend any office- bearer of any stock exchange or self- regulatory organisation from holding such position;(d)impound and retain the proceeds or securities in respect of any transaction which is under investigation;(e)attach, after passing of an order on an application made for approval by the Judicial Magistrate of the first class having jurisdiction, for a period not exceeding one month, one or more bank account or accounts of any intermediary or any person asso iated with the securities market in any manner involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder: Provided that only the bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder shall be allowed to be attached;(f)direct any intermediary or any person associated with the securities market in any manner not to dispose of or alienate an asset forming part of any transaction which is under investigation: Provided that the Board may, without prejudice to the provisions contained in sub- section (2) or sub- section (2A), take any of the measures specified in clause (d) or clause (e) or clause (f), in respect of any listed public company or a public company not being intermediaries referred to in section 12) which intends to get its securities listed on any recognised stock exchange where the Board has reasonable grounds to believe that such company has been indulging in insider trading or fraudulent and un air trade practices relating to securities market: Provided further that the Board shall, either before or after passing such orders, give an opportunity of hearing to such intermediaries or persons concerned.".
