Complied AI Back to law library Reading nowCompanies Rules under the Companies Act, 201355 chapters · 1109 rules

Chapters55

Rule 10Chapter 13

Functions of the Authority

(1)

Subject to the provision of the Act, the Authority shall have the duty to administer the Fund for Investor Education and Protection.

(2)

The general management of the affairs of the Authority shall vest in the Chief Executive Officer, who may exercise powers, which may be authorised by the Authority.

(3)

The Chief Executive Officer shall function under superintendence and direction of the Chairperson.

(4)

Without prejudice to the generality of the provisions, the functions of the Authority shall include the following, namely:-

(a)

The Authority may constitute permanent Committees for overseeing its functions;

(b)

Each Committee shall comprise two members, Chief Executive Officer and concerned functional head, who shall be the secretary of the Committee. The Committee shall be headed by an ex-officio member;

(c)

The Committee may invite experts with special knowledge and expertise, as and when required to assist it on any specific issue;

(d)

The Authority may outsource, if required, work related to Funds and Shares Management.

(e)

The broad functional divisions of the Authority shall be as per Schedule II to these rules.

Schedule II

Functional Divisions of the Authority

(1)

Administration:

(i)

Establishing, equipping, maintaining and operating administrative functions as may be necessary or deemed expedient for fulfilling the objects of the Fund.

(ii)

Authority and committees of Authority related matters.

(2)

Investment/ Funds Management:

(i)

Maintaining funds standing to the credit of Fund, investing the same in interest bearing account of any nationalised bank.

(ii)

Opening of depository account of authority and transferring into the account securities of investor and transferring to investors account securities upon settlement of the claim.

(3)

Claims and Settlement:

(i)

Making refunds to eligible investors after following due procedure in respect of claims lodged by investors in accordance with clause (a) of sub-section (3) of section 125 of the Act and rules made thereunder.

(ii)

Distribution of disgorged amount as per the order of the court or the Authority. (iii) Distribution of disgorged amount in consultation with Legal and Enforcement Division, to eligible and identified security holders who have suffered losses due to any wrong actions of any person in accordance with the order of Tribunal or order of the Authority, as the case may be. The amount to be distributed shall be limited to amount disgorged in respect of any particular order and no other funds can be used for distribution.

(4)

Legal and Enforcement:

(i)

Initiation of legal cases against non-compliant companies or persons.

(ii)

Handling disputes and legal cases arising out of claims or settlement or any other dispute.

(iii)

Reimbursement of funds from Fund for meeting legal expenses incurred in pursuing class action suits under section 37 and 245 of the Act by members, debenture holders or depositors as sanctioned by Tribunal in accordance with the procedure prescribed in this regard.

(5)

Investor Education and Protection:

(i)

Registering associations or institutions or professional bodies or chambers of commerce and industry or other organisations engaged in investor education and protection activities.

(ii)

Sanctioning grants to the registered entities for seminars, programmes, projects or activities in the field of corporate governance, Investors’ Education and Protection including research activities.

(iii)

Monitoring of the utilisation of the grants to ensure the achievements of the objectives of the sanctioning of the grants.

(iv)

Cooperating and collaborating with institutions engaged in Investor Education, corporate governance, awareness, and protection activities.

(v)

Conducting on its own or in collaboration with entities engaged in Investor education and protection or academic institutions or other regulated entities like Stock Exchanges, Depositories, Banks and Mutual funds nationwide investors’ education and awareness programmes including seminars and symposia.

(vi)

Setting up of institutional arrangements or infrastructure for taking up programmes; projects and action plans keeping in view the objectives and expenditure relating thereto, including research and training activities.

(vii)

Publishing and disseminating information for investors’ benefit and objects and achievements of the Fund.

(viii)

Advising Central Government on the issues related to Investors’ interest.

(ix)

Sponsor specific studies or research or analysis for the development of capital market.

(6)

Finance, Accounts and Audit:

(i)

Maintenance of accounts of inflow and outflow of funds.

(ii)

Reconciliation of accounts of investors.

(iii)

Preparation of all accounting reports, audit work and annual report.

(iv)

Returns to Central Government.

(v)

Preparation of budget of authority and its monitoring.

(vi)

Accounting for all claims of investor in respective accounts.

(vii)

Procedure for accounting of investors’ funds and securities.

(7)

The Chairperson may re-allocate functions, merge or sub-divide divisions as per administrative requirement.