THE GAZETTE OF INDIA

EXTRAORDINARY

PART –II – SECTION 3- SUB-SECTION (ii)

PUBLISHED BY AUTHORITY

SECURITIES AND EXCHANGE BOARD OF INDIA

NOTIFICATION

Mumbai, the 9^th November, 2006

SECURITIES AND EXCHANGE BOARD OF INDIA

(OMBUDSMAN) (AMENDMENT) REGULATIONS, 2006

S.O. 1935 (E). In exercise of the powers conferred by section 30 read with sub-section (1) of section 11 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following regulations to amend the Securities and Exchange Board of India (Ombudsman) Regulations, 2003 , namely:-

1. (i) These regulations may be called the Securities and Exchange Board of India (Ombudsman) (Amendment) Regulations, 2006.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. In the Securities and Exchange Board of India (Ombudsman) Regulations, 2006, in regulation 6, in sub-regulation (1), after clause (v) the following shall be inserted, namely:-

“Provided that the disqualification provided in clause (v) shall not be applicable in case of a person who has been the whole time director of a public sector bank or a public sector undertaking.

Explanation: - For the purposes of this clause –

(a). ‘public sector bank’ means –

(i) a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970);

(ii) a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (40 of 1980);

(iii) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);

(iv) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);

(b). ‘public sector undertaking’ means any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956) which is owned, controlled or managed by the Central Government.”

[No.11/LC/GN/2006]

M. DAMODARAN

CHAIRMAN

__________________________________________________

Foot Note:-

Securities and Exchange Board of India (Ombudsman) Regulations, 2003 were notified in the Gazette of India on 21.08.2003 vide S.O. No. 953(E).
It was subsequently amended by Securities and Exchange Board of India (Ombudsman) (Amendment) Regulations, 2003 on 05.12.03 vide F.No. SEBI/LAD/DOP/22090/2003.

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THE GAZETTE OF INDIA EXTRAORDINARY PART –II – SECTION 3- SUB-SECTION (ii) PUBLISHED BY AUTHORITY SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 9^th November, 2006 SECURITIES AND EXCHANGE BOARD OF INDIA (OMBUDSMAN) (AMENDMENT) REGULATIONS, 2006 S.O. 1935 (E). In exercise of the powers conferred by section 30 read with sub-section (1) of section 11 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following regulations to amend the Securities and Exchange Board of India (Ombudsman) Regulations, 2003 , namely:- 1. (i) These regulations may be called the Securities and Exchange Board of India (Ombudsman) (Amendment) Regulations, 2006. (ii) They shall come into force on the date of their publication in the Official Gazette. 2. In the Securities and Exchange Board of India (Ombudsman) Regulations, 2006, in regulation 6, in sub-regulation (1), after clause (v) the following shall be inserted, namely:- “Provided that the disqualification provided in clause (v) shall not be applicable in case of a person who has been the whole time director of a public sector bank or a public sector undertaking. Explanation: - For the purposes of this clause – (a). ‘public sector bank’ means – (i) a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); (ii) a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (40 of 1980); (iii) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955); (iv) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); (b). ‘public sector undertaking’ means any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956) which is owned, controlled or managed by the Central Government.” [No.11/LC/GN/2006] M. DAMODARAN CHAIRMAN __________________________________________________ Foot Note:- Securities and Exchange Board of India (Ombudsman) Regulations, 2003 were notified in the Gazette of India on 21.08.2003 vide S.O. No. 953(E). It was subsequently amended by Securities and Exchange Board of India (Ombudsman) (Amendment) Regulations, 2003 on 05.12.03 vide F.No. SEBI/LAD/DOP/22090/2003.