• The government initiated the process to find a successor for Securities and Exchange Board of India (SEBI) chief Madhabi Puri Buch.

• The three-year term of Buch as SEBI chairperson ends on February 28. 

• The Department of Economic Affairs under the Finance Ministry said the appointment will be for five years or till the candidate attains 65 years of age. Last date to file applications is February 17.

• The new SEBI chairperson will receive a pay equivalent to a secretary to the government of India which is Rs 5,62,500 per month (without house and car), the advertisement said.

• Buch assumed charge at the helm of SEBI on March 2, 2022, for a period of three years. She made history as the first woman to lead the market regulator as well as the first private sector individual to hold the position. She served as a whole-time member of SEBI from April 2017 to March 1, 2022.

What is SEBI?

• The Securities and Exchange Board of India (SEBI) was constituted as a non-statutory body on April 12, 1988 through a resolution of the government of India for dealing with all matters relating to the development and regulation of the securities market and investor protection and to advise the government on all these matters.

• SEBI was given statutory status and powers through an Ordinance promulgated on January 30, 1992. SEBI was established as a statutory body on February 21, 1992. The Ordinance was replaced by an Act of Parliament in April 1992.

• The Board has the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit.

The main objectives of SEBI are:

i) To protect the interest of the investors.

ii) To regulate and promote development of securities markets in India. 

The main functions of SEBI include:

i) Registration, regulation and supervision of intermediaries operating in the securities market.

ii) Promoting and regulating self-regulatory organisations.

iii) Prohibiting fraudulent and unfair trade practices relating to securities markets.

iv) Calling from or furnishing to other authorities, whether in India or abroad, such information as may be necessary for the efficient discharge of its functions. The Board, for  the purpose of furnishing any information to any authority outside India, may enter into an arrangement or agreement or understanding with such authority with the prior approval of the central government.

Members of the Board

The Board consists of:

i) Chairperson

ii) Two members from the officials of the finance ministry.

iii) One member from the officials of the Reserve Bank of India.

iv) Five other members of whom at least three shall be whole-time members, to be appointed by the central government.

• The general superintendence, direction and management of the affairs of the Board shall vest in the Board of members, which may exercise all powers and do all acts and things which may be exercised or done by the Board.

Process for appointment of SEBI chief

• A Financial Sector Regulatory Appointment Search Committee (FSRASC) has been created by the government for recommending names of suitable persons for appointment to board level positions of financial sector regulatory bodies.

• The candidates are shortlisted by the FSRASC headed by Cabinet Secretary.

• The committee is also free to recommend any other person also who has not applied for the post on the basis of merit.

• The shortlisted candidates are interviewed by the panel comprising Economic Affairs Secretary and three external members having domain knowledge. Besides, the high level panel has authority to recommend names other than those who have applied for the advertised post.

• Based on interactions, FSRASC recommends names to the Appointments Committee of Cabinet headed by the Prime Minister.

• As per the SEBI Act, SEBI chairman is appointed for a maximum period of five years or till 65 years, whichever is earlier.

• Normally, the government initially appoints SEBI chief for three years. The tenures can be extended for another two years.

• However, among the recent SEBI chiefs, U.K. Sinha was an exception who was initially appointed for five years and thereafter got an extension for one more year. Sinha, led SEBI from February 18, 2011, to March 1, 2017 making him the second longest serving SEBI chief after D.R. Mehta (February 1995-February 2002).

Securities Appellate Tribunal

• Securities Appellate Tribunal is a statutory body established under the provisions of the Securities and Exchange Board of India Act, 1992 to hear and dispose of appeals against orders passed by SEBI or by an adjudicating officer under the Act.

• SAT hears and disposes of appeals against orders passed by the Pension Fund Regulatory and Development Authority (PFRDA) under the PFRDA Act, 2013.

• SAT also hears and disposes of appeals against orders passed by the Insurance Regulatory Development Authority of India (IRDAI) under the Insurance Act, 1938, the General Insurance Business (Nationalisation) Act, 1972 and the Insurance Regulatory and Development Authority Act, 1999 and the Rules and Regulations framed thereunder.

• The SAT consists of a presiding officer and two other members to be appointed by the central government.

• The presiding officer shall be a sitting or retired judge of the Supreme Court or High Court.

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