Regulation 49 - Power to issue directions and levy penalty

Power to issue directions lets regulator order divestment, transfers to protection funds and impose penalties or debar participants.

The Board has broad power to issue directions and take enforcement measures to protect investors and the securities market, including ordering divestment of equity holdings in a recognised exchange or clearing corporation, directing transfer of proceeds or securities to the Investor Protection Fund or Settlement Guarantee Fund, and debarment of exchanges, clearing corporations, shareholders, directors and key management personnel. The Board may impose monetary penalties, restrict introduction of new products or existing activities, and limit participation in governance; it must consider factors such as mala fide intent, commission or omission, negligence, repeated errors, disproportionate gain, market loss and repetitive defaults when acting or fixing penalty quantum.