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    Question

    Power of SEBI to issue directions under SEBI Act

    shall
    A Not include power to direct any person to disgorge wrongful gain or loss averted Correct Answer Incorrect Answer
    B Include power to direct any person to disgorge wrongful gain or loss averted Correct Answer Incorrect Answer
    C Include power to investigate Correct Answer Incorrect Answer
    D Not include power to levy penalty Correct Answer Incorrect Answer
    E Both b and d Correct Answer Incorrect Answer

    Solution

    Section 11B of SEBI Act Power to issue directions and a levy penalty—(1) Save as otherwise provided in section 11, if after making or causing to be made an enquiry, the Board is satisfied that it is necessary— (i) in the interest of investors, or orderly development of securities market; or (ii) to prevent the affairs of any intermediary or other persons referred to in section 12 being conducted in a manner detrimental to the interests of investors or securities market; or (iii) to secure the proper management of any such intermediary or person, it may issue such directions,— (a) to any person or class of persons referred to in section 12, or associated with the securities market; or (b) to any company in respect of matters specified in section 11A, as may be appropriate in the interests of investors in securities and the securities market. Explanation—For the removal of doubts, it is hereby declared that the power to issue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by  such contravention.

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