Securities and Exchange Board of India Act, 1992
17.Power of Central Government to supersede the Board.-
(1) If at any time the Central Government is of opinion-
that on account of grave emergency, the Board is unable to discharge the
functions and duties imposed on it by or under the provisions of this Act: or
(b) that the Board has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provision of this Act and as a result of such default the financial position of the Board or the administration of the Board has deteriorated: or
(c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification, supersede the Board for such period, not exceeding six months, as may be specified in the notification.
(2) Upon the publication of a notification under sub-section (1) superseding the Board,-
(a) all the members shall, as from the date of suppression, vacate their offices as such;
all the powers, functions and duties which may, by or under the provisions of
this Act, be exercised or discharged by or on behalf of the Board, shall until
the Board is reconstituted under sub-section (3), be exercised and discharged
by such person or persons as the Central Government may direct; and
(c) all property owned or controlled by the Board shall, until the Board is reconstituted under subsection (3), vest in the Central Government.
(3) On the expiration
of the period of suppression specified in the notification issued under
sub-section (1), the Central Government may reconstitute the Board by a fresh
appointment and in such case any person or persons who vacated their offices
under clause (a) 0f sub-section (2), shall not be deemed disqualified for
Provided that the Central Government may, at any time, before the expiration of the period of suppression, take action under this sub-section.
(4) The Central Government shall cause a notification issued under sub-section (10 and a full report of any action under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest.