Lawgist23JASettlement of administrative and civil proceedings
1[23JA. Settlement of administrative and civil proceedings.--(1) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 12A or section 23-1, may file an application in writing to the Board proposing for settlement of the proceedings initiated or to be initiated for the alleged defaults.
(2) The Board may, after taking into consideration the nature, gravity and impact of defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the Board in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992 (15 of 1992).
(3) For the purposes of settlement under this section, the procedure as specified by the Board under the Securities and Exchange Board of India Act, 1992 (15 of 1992) shall apply.
(4) No appeal shall lie under section 23L against any order passed by the Board or the adjudicating officer, as the case may be, under this section.]
2[(5) All settlement amounts, excluding the disgorgement amount and legal costs, realised under this Act shall be credited to the Consolidated Fund of India.]
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1. Ins. by s. 34, ibid. (w.e.f. 20-4-2007).
2. Ins. by Act 13 of 2019, s. 155 (w.e.f. 8-3-2019).
- 23 Penalties
- 23A Penalty for failure to furnish information, return, etc
- 23B Penalty for failure by any person to enter into an agreement with clients
- 23C Penalty for failure to redress Investors grievances
- 23D Penalty for failure to segregate securities or moneys of client or clients
- 23E Penalty for failure to comply with provision of listing conditions or delisting conditions or grounds
- 23F Penalty for excess dematerialisation or delivery of unlisted securities
- 23G Penalty for failure to furnish periodical returns, etc
- 23GA Penalty for failure to conduct business in accordance with rules, etc
- 23H Penalty for contravention where no separate penalty has been provided
- 23-I Power to adjudicate
- 23J Factors to be taken into account by the adjudicating officer
- 23JA Settlement of administrative and civil proceedings
- 23JB Recovery of amounts
- 23JC Continuance of proceedings
- 23K Crediting sum realised by way of penalties to Consolidated Fund of India
- 23L Appeal to Securities Appellate Tribunal
- 23M Offences
- 23N Composition of certain offences
- 23-O Power to grant immunity
- 24 Offences by companies
- 25 Certain offences to be cognizabl
- 26 Cognizance of offences by courts
- 26A Establishment of Special Courts
- 26B Offences triable by Special Courts
- 26C . Appeal and Revision
- 26D Application of Code to proceedings before Special Court
- 26E Transitional provisions
