Bretton Woods System

The Bretton Woods system is commonly understood to refer to the international monetary regime that prevailed from the end of World War II until the early 1970s. Taking its name from the site of the 1944 conference that created the *International Monetary Fund (IMF) and *World Bank, the Bretton Woods system was history's first example of a fully negotiated monetary order intended to govern currency relations among sovereign states. In principle, the regime was designed to combine binding legal obligations with multilateral decision-making conducted through an international organization, the IMF, endowed with limited supranational authority. In practice the initial scheme, as well as its subsequent development and ultimate demise, were directly dependent on the preferences and policies of its most powerful member, the United States. Design of the Bretton Woods system The conference that gave birth to the system, held in the American resort village of Bretton Woods, New Hampshire, was the culmination of some two and a half years of planning for postwar monetary reconstruction by the Treasuries of the United Kingdom and the United States. Although attended by all forty four allied nations, plus one neutral government (Argentina), conference discussion was dominated by two rival plans developed, respectively, by Harry Dexter White of the U.S. Treasury and by *John Maynard Keynes of Britain. The compromise that ultimately emerged was much closer to White's plan than to that of Keynes, reflecting the overwhelming *power of the United States as World War II was drawing to a close. Although, at the time, gaps between the White and Keynes plans seemed enormous - especially with respect to the issue of future access to international *liquidity - in retrospect it is their similarities rather than their differences that appear most striking. In fact, there was much common ground among all the participating governments at Bretton Woods. All agreed that the monetary chaos of the interwar period had yielded several valuable lessons. All were determined to avoid repeating what they perceived to be the errors of the past. Their consensus of judgment was reflected directly in the Articles of Agreement of the IMF. Four points in particular stand out. First, negotiators generally agreed that as far as they were concerned, the interwar period had conclusively demonstrated the fundamental disadvantages of unrestrained flexibility of *exchange rates. The floating rates of the 1930s were seen as having discouraged trade and investment and to have encouraged destabilizing speculation and competitive depreciations. Yet in an era of more activist economic policy, governments were at the same time reluctant to return to permanently fixed rates on the model of the classical *gold standard of the nineteenth century. Policy-makers understandably wished to retain the right to revise currency values on occasion as circumstances warranted. Hence a compromise was sought between the polar alternatives of either freely floating or irrevocably fixed rates - some arrangement that might gain the advantages of both without suffering the disadvantages of either. What emerged was the 'pegged rate' or 'adjustable peg' currency regime, also known as the par value system. Members were obligated to declare a par value (a 'peg') for their national money and to intervene in currency markets to limit

exchange rate fluctuations within maximum margins (a 'band') one per cent above or below parity; but they also retained the right, whenever necessary and in accordance with agreed procedures, to alter their par value to correct a 'fundamental disequilibrium' in their *balance of payments. Regrettably the notion of fundamental disequilibrium, though key to the operation of the par value system, was never spelled out in any detail - a notorious omission that would eventually come back to haunt the regime in later years. Second, all governments generally agreed that if exchange rates were not to float freely, states would also require assurance of an adequate supply of monetary reserves. Negotiators did not think it necessary to alter in any fundamental way the *gold exchange standard that had been inherited from the interwar years. International liquidity would still consist primarily of national stocks of gold or currencies convertible, directly or indirectly, into gold ('gold exchange'). The United States, in particular, was loth to alter either the central role of the dollar or the value of its gold reserves, which at the time amounted to three quarters of all central bank gold in the world. Negotiators did concur, however, on the desirability of some supplementary source of liquidity for deficit countries. The big question was whether that source should, as proposed by Keynes, be akin to a world central bank able to create new reserves at will (which Keynes thought might be called *bancor); or a more limited borrowing mechanism, as preferred by White. What emerged largely reflected U.S. preferences: a system of subscriptions and quotas embedded in the IMF, which itself was to be no more than a fixed pool of national currencies and gold subscribed by each country. Members were assigned quotas, roughly reflecting each state's relative economic importance, and were obligated to pay into the Fund a subscription of equal amount. The subscription was to be paid 25 per cent in gold or currency convertible into gold (effectively the dollar, which was the only currency then still directly gold convertible for central banks) and 75 per cent in the member's own money. Each member was then entitled, when short of reserves, to borrow needed foreign currency in amounts determined by the size of its quota. A third point on which all governments agreed was that it was necessary to avoid recurrence of the kind of economic warfare that had characterized the decade of the 1930s. Some binding framework of rules was needed to ensure that states would remove existing *exchange controls limiting *currency convertibility and return to a system of free multilateral payments. Hence members were in principle forbidden to engage in discriminatory currency practices or exchange regulation, with only two practical exceptions. First, convertibility obligations were extended to current international transactions only. Governments were to refrain from regulating purchases and sales of currency for trade in goods or services. But they were not obligated to refrain from regulation of capital-account transactions. Indeed, they were formally encouraged to make use of *capital controls to maintain external balance in the face of potentially destabilizing 'hot money' flows. Second, convertibility obligations could be deferred if a member so chose during a postwar 'transitional period.' Members deferring their convertibility obligations were known as Article XIV countries; members accepting them had so-called Article VIII status. One of the responsibilities assigned to the IMF was to oversee this legal code governing currency convertibility.

Finally, negotiators agreed that there was a need for an institutional forum for international cooperation on monetary matters. Currency troubles in the interwar years, it was felt, had been greatly exacerbated by the absence of any established procedure or machinery for inter-governmental consultation. In the postwar era, the Fund itself would provide such a forum - in fact, an achievement of truly historic proportions. Never before had international monetary cooperation been attempted on a permanent institutional basis. Even more pathbreaking was the decision to allocate voting rights among governments not on a one-state, one-vote basis but rather in proportion to quotas. With one-third of all IMF quotas at the outset, the United States assured itself an effective veto over future decision-making. Together these four points defined the Bretton Woods system - a monetary regime joining an essentially unchanged gold exchange standard, supplemented only by a centralized pool of gold and national currencies, with an entirely new exchange rate system of adjustable pegs. At the center of the regime was to be the IMF, which was expected to perform three important functions: regulatory (administering the rules governing currency values and convertibility), financial (supplying supplementary liquidity), and consultative (providing a forum for cooperation among governments). Structurally, the regime combined a respect for the traditional principle of national *sovereignty - especially, of course, that of the United States - with a new commitment to collective responsibility for management of monetary relations, expressed both in mutually agreed rules and in the powers of the Fund. The implicit bargain Negotiators at Bretton Woods betrayed a remarkable optimism regarding prospects for monetary stability after the war's end. Underlying their choice of exchange rate system, for example, seemed a clear expectation that beyond the postwar transitional period (itself expected to be brief) payments imbalances would not be excessive or require sacrifice of domestic stability for the sake of external equilibrium. The pegged rate regime was manifestly biased against frequent changes of currency values, since states had to demonstrate the existence of a fundamental disequilibrium before they could alter their par values; yet governments were left with few other instruments, other than capital controls, to deal with payments disturbances. Negotiators evidently felt that major future threats to stability were more likely to come from private speculation than from basic price or income developments. They also presumably believed that the IMF's centralized pool of liquidity, though limited, would suffice to cope with any financing problems that might emerge. As matters turned out, their optimism proved utterly Panglossian. Monetary relations after the war were anything but stable, the transitional period anything but brief, the Fund's initial resources anything but sufficient to cope with emerging payments difficulties. Hence after a short burst of activity during its first two years, IMF lending shrank to an extremely small scale for over a decade. Instead, the burden was shifted to the one actor at the time with the financial and economic resources needed to shoulder responsibility for global monetary stabilization namely, the United States. Fortunately, for reasons of its own, the United States was not only able but willing to take on that responsibility, in effect assuming the role of global monetary hegemon: money manager of the world. *American hegemony was exercised principally in

three ways. First, a relatively open market was maintained for imports of foreign goods. Second, a generous flow of long-term loans and grants was initiated, first through the *Marshall Plan and other related aid programs, then through the reopened New York capital market. Third, a liberal lending policy was eventually established for provision of shorter term funds in time of crisis. Since the reserves of most countries were near exhaustion and the Fund's pool of liquidity was manifestly inadequate, the rest of the world was more than willing to accumulate dollars. Given the scarcity of central bank gold outside the United States and limited prospects for new gold production, America became the residual source of global liquidity growth through the deficits in its own balance of payments. Other governments with payments surpluses stabilized their exchange rates by buying dollars. The United States pledged convertibility of its dollars into gold at a fixed price, thus making the greenback a near perfect substitute for gold. Though multilateral in formal design, therefore, the Bretton Woods system in practice quickly became synonymous with a hegemonic monetary regime centered on the dollar, much in the same manner as the classical gold standard of the nineteenth century had come to be centered on Britain's pound sterling. For gold exchange standard, many said, read dollar exchange standard. Like the British in the nineteenth century, the United States did not actively seek global monetary leadership. Indeed, during the interwar period the responsibilities of hegemony had been deliberately evaded. On the other hand, unlike the British, once the Americans found themselves in the role, they soon came to welcome it, for reasons that were a mixture of altruism and self-interest. Being money manager of the world fit in well with America's newfound leadership role in the *Cold War with the Soviet Union. U.S. policy-makers perceived a need to promote the economic recovery of important allies in Europe and Japan, as well as to maintain a sizable and potent military establishment overseas. All this cost money. The privilege of financing deficits with its own currency ('liability financing') meant that America was effectively freed from external payments constraints to spend as freely as its leaders thought necessary to promote objectives believed to be in the national interest. The United States could issue the world's principal reserve currency in amounts presumed to be consistent with its own priorities - not necessarily those of foreign dollar holders. Foreign dollar holders, for their part, conceded this policy autonomy to the United States because it also directly contributed to their own economic rehabilitation. America accepted the necessity, for example, of preferential trade and payments arrangements in Europe, despite their inherent discrimination against U.S. exports; likewise, America accepted the necessity of granting Japanese exporters access to the U.S. market at a time when most other countries remained closed to goods labeled 'Made in Japan.' In effect, an implicit bargain was struck. America's allies acquiesced in a hegemonic system that accorded the United States special privileges to act abroad unilaterally to promote U.S. or collective interests. The United States, in turn, condoned its allies' use of the system to promote their own prosperity, even if this happened to come largely at the short term expense of the United States. The subsequent evolution of the Bretton Woods system may be read as the history of that implicit bargain. The system's eventual breakdown in the early 1970s may be read as the bargain's final collapse. From dollar shortage to dollar glut

The chronology of the Bretton Woods system can be divided into two periods: the period of *'dollar shortage," lasting roughly until 1958; and the period of 'dollar glut,' covering the remaining decade and a half. The period of the dollar shortage was the heyday of America's monetary hegemony. The term 'dollar shortage,' universally used at the time, was simply a shorthand expression for the fact that only the United States was then capable of assuring some degree of global monetary stability; only the United States could help other governments avoid a mutually destructive scramble for gold by promoting an outflow of dollars instead. Dollar deficits began in 1950, following a round of devaluations of European currencies, at American insistence, in 1949. In ensuing years, shortfalls in the U.S. balance of payments (as conventionally measured) averaged roughly $1.5 billion a year. But for these deficits, other governments would have been compelled by their reserve shortages to resort to competitive devaluations or domestic deflation to keep their payments in equilibrium; they would certainly not have been able to make as much progress as they did toward dismantling wartime exchange controls and trade barriers. Persistent dollar deficits thus actually served to avoid destabilizing policy conflict. The period up to 1958 was rightly called one of 'beneficial disequilibrium.' After 1958, however, America's persistent deficits began to take on a different coloration. Following a brief surplus in 1957, owing to special circumstances, the U.S. balance of payments plunged to a $3.5 billion gap in 1958 and to even larger deficits in 1959 and 1960. This was the turning point. Instead of talking about a dollar shortage, observers began to speak of a dollar glut. In 1958 Europe's currencies returned to convertibility. Subsequently, the former eagerness of European governments to obtain dollar reserves was transformed into what seemed an equally fervent desire to avoid excess dollar accumulations. Before 1958, less than 10 per cent of America's deficits had been financed by calls on the U.S. gold stock (the rest being financed with dollars). During the next decade, almost two thirds of America's cumulative deficit was transferred in the form of gold, mostly to Europe. Bretton Woods was clearly coming under strain. The Triffin dilemma One source of strain, inherent in the structure of the postwar gold exchange standard, was first illuminated by economist Robert Triffin in his influential 1960 book Gold and the Dollar Crisis. A gold exchange standard, Triffin argued, is fundamentally flawed by its reliance on the pledge of convertibility of some national currency, such as the dollar, into gold. The Bretton Woods system had come to rely on U.S. deficits to avert a world liquidity shortage. But already by the time Triffin wrote, America's *'dollar overhang' was growing larger than its gold stock. The resulting erosion of America's net reserve position was bound in time to undermine confidence in the dollar's continued covertibility. In effect, therefore, states found themselves caught on the horns of a dilemma - what came to be known as the *Triffin dilemma. To forestall speculation against the dollar, U.S. deficits would have to cease. But this would confront the system with a liquidity problem. To forestall the liquidity problem, U.S. deficits would have to continue. But this would confront the system with a confidence problem. Governments could not have their cake and eat it too.

Not that governments were unwilling to try. By the mid-1960s, negotiations were begun to establish a substitute source of liquidity growth in order to reduce systemic reliance on dollar deficits, culminating in agreement to create the *Special Drawing Right (SDR), an entirely new type of international reserve asset. Governments hoped that with SDRs in place, any future threat of world liquidity shortage could be successfully averted. On the other hand, they were totally unprepared for the opposite threat - a reserve surfeit - which is in fact what eventually emerged in the late 1960s. Earlier in the decade a variety of defensive measures were initiated in an effort to contain mounting speculative pressures against the dollar. These included a network of reciprocal short-term credit facilities (*swaps) among central banks as well as enlarged lending authority for the IMF. But in the end none proved sufficient to avert a decisive loss of confidence in the dollar. Exchange-rate rigidity A second source of strain was inherent in the structure of the par value system: the ambiguity of the key notion of fundamental disequilibrium. How could governments be expected to change their exchange rates if they could not even tell when a fundamental disequilibrium existed? And if they were inhibited from repegging rates, then how would international payments equilibrium be maintained? In practice, governments began to go to enormous lengths to avoid the "defeat" of an altered par value. The resulting rigidity of exchange rates not only aggravated fears of a potential world liquidity shortage. It also created irresistible incentives for speculative currency shifts, greatly adding to the global confidence problem as well. The heaviest weight on exchange rates at the time was of course the dollar glut more accurately, the persistent payments imbalance between the United States and the surplus countries of Europe and Japan. Each side blamed the other for the disequilibrium. America felt its erstwhile allies could do more to reduce their surpluses by inflating or revaluing their currencies; the Europeans and Japanese, conversely, contended that it was the responsibility of the United States, with the world's biggest deficit, to take the first steps to correct the situation. Both sides felt discriminated against. The surplus countries argued that America's privilege of liability financing deficits created an asymmetry in the regime favorable to the United States. None of them, after all, enjoyed such a degree of policy autonomy. America, on the other hand, believed that use of the dollar by other governments as their principal intervention medium to support par values created an asymmetry more favorable to Europe and Japan, since it left the United States itself with no effective control over its own exchange rate. America controlled only the price of its currency in terms of gold; it had no direct means to influence the rates at which other countries bought or sold dollars. The bargain comes unstuck In fact, the debate over asymmetries masked a deeper political conflict. The postwar bargain was coming unstuck. In the United States, concern was growing about the competitive commercial threat from Europe and Japan. The cost of subordinating domestic interests to help strengthen foreign allies was becoming ever more intolerable. Conversely, concern was growing in Europe and Japan about America's use of its privilege of liability financing - the 'exorbitant privilege,' as France's Charles de Gaulle called it. The Europeans and Japanese had just one major weapon they could use to curb America's policy autonomy: their right to

demand conversion of accumulated dollar balances into gold. But as the dollar overhang continued to grow, making the Triffin dilemma ever more acute, it was a weapon most governments became increasingly reluctant to deploy. At bottom, the Bretton Woods system rested on one simple assumption - that economic policy in the United States would be stabilizing. The absence of an effective external discipline on U.S. policy could not threaten the regime so long as that assumption held, as it generally did prior to 1965. During the first half of the 1960s, America's foreign deficit actually shrank as a result of a variety of corrective measures adopted at home. After 1965, however, U.S. behavior became increasingly destabilizing, mostly as a result of increased government spending on social programs at home and an escalating war in Vietnam. America's economy began to overheat and inflation began to gain momentum, causing deficits to widen once again. Yet Washington pointedly declined to undertake any new ameliorative actions under a calculated policy of *'benign neglect.' With governments elsewhere committed to defending their pegged rates by buying the growing surfeit of dollars, a huge reserve base was created for global monetary expansion. Inflation everywhere began to accelerate, exposing all the latent problems of Bretton Woods. The pegged rate system was incapable of coping with widening payments imbalances, and the confidence problem was worsening as speculators were encouraged to bet on devaluation of the dollar or revaluations of the currencies of Europe or Japan. Ultimately it was the United States, still the leading member of the system, that brought the drama to its denouement. Concerned about America's rapidly deteriorating payments situation, as well as rising protectionist sentiment in the U.S. Congress, President Richard Nixon was determined to force the Europeans and Japanese to accept a mutual adjustment of exchange rates. The U.S. might lack effective control over the dollar exchange rate under the prevailing rule of the game. But it did still have the power, alone among governments, to unilaterally change the rules themselves should U.S. policy-makers see fit. Accordingly, on 15 August 1971, the convertibility of the dollar into gold was suspended, freeing the greenback to find its own level in currency markets. Eighteen months later, in February 1973, after new waves of speculation against a realigned structure of par values negotiated in late 1971 -- the so-called *Smithsonian Agreement -- the monies of all the industrial countries were set free to float independently. With these decisions, both the par value system and the gold exchange standard, the two central elements of the postwar monetary regime, were effectively terminated. The Bretton Woods system passed into history.

Portfolio Management Services (PMS)

In todays complex financial market, every individual investor has their own specific financial needs that are based on their risk appetite and financial goals. But regardless of this, every investor wants to maximize his return on investments with capital protection. This requires management of investments professionally to achieve specific investment objectives, relieving investor from the day-to-day

administrative hassles of investments. This is where the Portfolio Management Services (PMS) comes in picture. In India, all major brokerage firms, asset management companies and independent experts provide portfolio management services to clients. Taking into account, the unpredictable nature of the share market, a strong expertise and strong research is required to make the right decision. Portfolio management is not an easy task as it involves juggling between the limited choices at hand with twin requirements of adequate safety and sizable returns. Because managing investments in equities requires time, knowledge, right mind-set, experience and constant monitoring of stock market, an expert called Portfolio Manager is needed to help manage your investments. The Portfolio Manager advises, manages and administers the securities and funds on behalf of the entrusting client. These portfolio managers use their combined talents and experience to build up the portfolio of investments with an endeavor to bring out the best in it keeping your risk appetite in mind. Thus your investments are always under the guidance of experienced & fundamentally sound portfolio managers. What is PMS? It is the art and science of making decisions about investment mix and policy, matching investments to objectives, asset allocation for individuals and institutions, and balancing risk against performance. In other words, Portfolio Management Services (PMS) is a specialized & customized service that offers a range of specialized investment strategies to capitalize on the opportunities in the market. Though, PMS is managed by a professional portfolio managers, it has potential to address the personal preferences tailored into the investment portfolio giving the freedom and flexibility required for achieving the financial goals. This is typically a high-end product meant for high net-worth individuals (HNIs) because it needs some significant minimum investment. Portfolio management is different from investing in mutual funds. In mutual funds, the investments of various people are pooled together and the fund manager will invest it as a whole. But in portfolio management, the individuality of each clients portfolio is preserved and it will be tailor-made according to the requirements of the client. Why Portfolio Management Services? Today, the financial market is increasingly complex and managing your own portfolio will take up a lot of your time and effort. There are situations when you dont have time or knowledge to explore the best investment alternatives in the market. This is a common problem faced by many wannabe investors like you. At this juncture, portfolio management services can help you get out of this dilemma. So you can simply assign your investments to portfolio management services who will report to you regularly on your portfolio performance. Dont feel lost in this complex world of investments. Let the experts do their job. But why should you opt for PMS? Here are a few aspects on which portfolio managers say they score on top like:Balanced Portfolio: Professional research and advice will help you with information on the best investment options and ideas for your portfolio. Maximum Returns, Minimum Risks: Portfolio management services assure you of the best downside protection for your portfolio. You will benefit with practical

financial advice that can help convert all paper gains into real profits in the shortest time. Adjust Your Portfolio To Market Trends: When you avail of portfolio management services, you enjoy greater freedom and flexibility to diversify your investments. Personalized Advice: Get investment advice and strategies from expert Fund Managers. Professional Management: Money management services that work for you. Continuous Monitoring: You are informed about your investment decisions. Hassle Free Operation: High standards of service and complete portfolio transparency. Greater control: You have greater control over the asset allocation in PMS. Here the portfolio can be customized to suit your risk-return profile. Transparency: PMS provides comprehensive communications and performance reporting that will give investors a complete picture regarding the securities held on his behalf. Types of PMS: There are two types of portfolio management services (PMS): 1. Discretionary PMS and 2. Non-discretionary PMS In discretionary portfolio management, the portfolio manager individually and independently manages the funds of each client in accordance with the needs of the client. But in non-discretionary portfolio management, the portfolio manager manages the funds in accordance with the directions of the client. The portfolio manager cannot make buy-sell decisions at his own discretion; he has to refer to the client for every transaction. Services provided in Portfolio Management: So you are lured by the sales pitch and entrusted your money to a PMS. What can you now expect from this service? 1. Portfolio managers work as a personal relationship manager with whom the client can interact at any time as per his preference. 2. To discuss any topics regarding money or saving, the client can interact with his portfolio manager on a monthly basis. 3. The client can also discuss on any major changes that he wants in his asset allocation or investment strategies. 4. Portfolio management service (PMS) handles all types of administrative work

such as opening a new bank account or dealing with a financial settlement or depository transaction. 5. For online Portfolio management service (PMS), the client receives a User-ID and Password that helps him in getting online access to his portfolio details as and when he wants. 6. Portfolio management service (PMS) also helps tax planning and tax management of client based on detailed statement of transactions in his portfolio. Conclusion: Thus if you wish to reap substantial benefits from your various investments & want your small pile of investment to grow, the right portfolio management service(PMS) is a prerequisite for it. PMS is definitely for the moneybags; evaluate it well from several perspectives like expertise, track record and investment philosophy, flexibility, operational efficiency and the fee before you hand over the reins. It could end up being a well paying affair if you get this one right. So if you are ready to put your nest egg & step into this world, put each step with a fine-toothed comb.

Securities and Exchange Board of India Act, 1992

Objects of the SEBI Act Protection of the interests of investors Promoting orderly and healthy growth of the securities market Regulation of the securities market and other incidental matters Promoting the fair dealings by the issuer of securities and ensuring a market place where they can raise funds at a relatively low cost. Monitoring the activities of stock exchanges,Mutual funds and Merchant bankers etc. Establishment of SEBI -Sec.3 CG is empowered to set up SEBI by issuing notification in the official gazette. It has power to acquire, hold and dispose of property, both movable and immovable, to contract and to sue or be sued. Management of SEBI -Sec.4 The members of sebi shall be appointed by CG A chairman Two members from the ministry of CG dealing with finance and administration of the companies act 1956. One member from amongst the officials of the RBI. Five other members of whom at least three shall be whole time members. The general superintendence, direction and management of the affairs of the EBI shall vest in a board directors/ chairman Members and the chairman shall be persons of ability, integrity and standing who have special knowledge or experience of law, finance, economics, etc.etcwhich in the opinion of CG, shall be useful to SEBI. Power of SEBI to regulate/ prohibit issue of prospectus etc. -Sec. 11A For the protection of investors, SEBI may by regulations specify the matters relating to issue of capital, transfer of securities and other matters incidental thereto. And the manner in which such matters shall be disclosed by the companies. For the protection of investors, SEBI may by general or special orders prohibit any company from issuing of prospectus, any offer document or advertisement soliciting money from the public for the issue of securities. Specify the conditions subject to which the prospectus, such offer document o advertisement, if not prohibited, may be issued SEBI may specify the requirements for listing and transfer of securities and other matters incidental thereto.

Power of sebi to order investigation - Sec. 11C Grounds for ordering investigation Where sebi has reasonable ground to believe that any transactions in securities are being dealt with in a manner detrimental to the investors or the securities market. Where SEBI has reasonable ground to believe that any intermediary or any person associated with the securities market has violated any of the provisions of this act or the rules or the regulations made or directions issued by the SEBI there under. Duties of directors, officers and employees Every manager, managing director, officer and other employee of the company and every intermediary shall be duty bound to preserve and produce to the investing authority all books, registers, other documents and record which are in their custody or power. Furnish such information as the investigation authority may consider relevant or necessary for the purpose of its investigation. Powers of the investigating authority Power to retain books etc. ( for 6 months) Power to examine on oath Power to take notes on examination Powers to seize document by investigating authority. Application by investigating authority for seizure of books and papers. ( to magistrate of the first class for an order for the seizure of books and papers) Such an application may be made on the ground that it may be destroyed, mutilated, altered, falsified or secreted. After considering the application and hearing the investigating authority, the magistrate may authorize to enter & search the books as specified in the order., to seize books etc, as the investigating authority considers necessary. The investigating authority may keep the books till the conclusion of the investigation, and will inform magistrate while it returns the books, and may place identification marks on them. Cease and Desist proceedings - Sec. 11D Sebi is empowered to pass an order requiring a person to cease and desist from committing or causing the violation of the act or rules made there under.

Sebi may pass such order by complying with the following two requirements. SEBI shall make an enquiry to determine whether any person has violated, or is likely to violate, any provisions of this act. However it shall not pass such order against any listed company or a public company which intends to get its securities Listed on any recognized, unless it has reasonable ground to believe that such company has indulged in insider trading or market manipulation. Penalties under SEBI ACT Lower of Rs. 1,00,000/- per day or Rs.1. crore. 1. 2. 3. 4. Failure Failure Failure Failure to furnish document/ return/ report to SEBI. to maintain the books of account or records. by intermediary to enter into an agreement with his client. to redress the investor grievance within the time specified by SEBI.

5. Carrying on any collective investment scheme without obtaining certificate of registration. 6. Failure by any asset management company of a mutual fund to comply with any of the regulations providing for restrictions on the activities of asset management t companies. 7. A Registered stock broker fails to deliver any security or fails to make payment of the amount due to the investor. Fine upto 5 times the amount A registered stock broker fails to issue contract notes in the form and in the manner specified by the stock exchange.( fine upto 5 times the amount for which the contract note was required to be issued by that broker.) Higher of Rs. 1 Lakh or 5 times the amount of excess brokerage charged. A registered stock broker charges brokerage in excess of the brokerage specified in the regulations. Higher of Rs. 25 crores or 3 times the amount of profits made out of such default. 1. Where an insider deals in securities of a body corporate listed on any stock exchange on the basis of any unpublished price sensitive information. 2. Where an insider communicates any unpublished price sensitive information to any person except as required in the ordinary course of business or under any law. 3. Where an insider counsels, or procures for any other person to deal in any securities of any body corporate on the basis of unpublished price sensitive information.

4. Failure to disclose the aggregate of his shareholding in the body corporate before he acquires any share of that body corporate. 5. Failure to make a public announcement to acquire shares at a minium price. 6. Failure to make a public offer by sending letter of offer to the shareholders of the concerned company. Failure to make payment of consideration to the shareholders who sold their pursuant to letter of offer. Where a person indulges in fraudulent and unfair trade practices relating to securities. Maximum of Rs. 1 crore. Where a person fails to comply with any provisions of this act, rules or regulations made there under or directions issued by SEBI for which no separate penalty has been provided. Imprisonment for not less than 1 month, but up to 10 years or fine up to Rs.25 crores or both

Procedure for adjudication sec.15I & 15 J The adjudication officer shall be appointed by SEBI Any officer of SEBI, not below the rank of division Chief, may be appointed as an adjudicating officer. The adjudicating officer is appointed for the purpose of holding an enquiry for the purpose of imposing penalties under the act. The AA shall give a reasonable opportunity of being heard before imposing any penalty. Powers of AA - To summon and enforce the attendance of any person, power to receive evidence and compelling production of any document, to impose any penalty as he thinks fit Factors to be taken into account by AA - Amt of unfair gain made, amount of loss caused repetitive nature of default. Jurisdiction of court s barred except on a compliant made by SEBI. No court inferior to that of a court of session shall try offence punishable under this ACT. Appeal to securities Appellate TribunalSec. 15T CG is empowered to establish SAT by issuing a notification in the official Gazette. Appealable orders - Any order of the adjudicating officer imposing penalty & any order of SEBI made under SEBI act or rules or regulations made there under. However no appeal can be made to SAT against an order made with the consent of the parties. The appeal shall be filed within 45 days of the order. SAT may condone the delay for sufficient reasons Appeal shall be made in 3 copies, with additional copies for each additional respondent and shall signed by the authorized person. Any person aggrieved by any order of SAT may file an appeal to the supreme court, the appeal can be filed only on a question of law. The appeal shall be filed within 60 days from the date

of communication of order of SAT and SC may condone the delay for sufficient reasons. Composition of certain offences. sec. 24A Offences which can be compounded - Offence punishable with fine, offence punishable with fine or imprisonment or both. The application for compounding can be made at anytime (whether before or after or during prosecution) An offence shall be compounded by SAT or the Court before which the proceedings are pending. Power to Grant immunity- Sec. 24B The immunity can be granted by CG only CG can grant only if SEBI has made a recommendation to CG for granting immunity to any person who is alleged to have violated any of the provisions of the SEBI act. IF CG is satisfied that such person has made a full and true disclosure in respect of the alleged violation, CG may grant immunity subject to conditions as it thinks fit. However an immunity granted to a person may be withdrawn by CG, if it is satisfied that such person had not complied with the conditions on which the immunity was granted or such person had given false evidence. If immunity withdrawn then that person may be tried for the offence with respect to which the immunity was granted and shall be liable to the imposition of any penalty under the SEBI Act, to which he would have been liable, if he had not been granted such immunity.