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16th August 2024 (9 Topics)

Difficult to Recover

Context

The Securities and Exchange Board of India (SEBI) has recently reported an increase in the amount of dues deemed difficult to recover (DTR), highlighting ongoing challenges in enforcing financial penalties and recoveries. As of the end of the financial year 2023-24, the amount marked as DTR has risen to Rs 76,293 crore.

What is DTR?

  • DTR stands for "Difficult to Recover" dues.
  • These are amounts that SEBI has marked as challenging to collect even after all recovery mechanisms have been exhausted.
  • DTR dues include penalties imposed by SEBI's adjudicating officers or non-compliance with directives for refund, disgorgement orders, or outstanding fees.
  • Provisions
    • SEBI Act, 1992: Section 28A of this Act empowers SEBI to recover dues from entities that fail to pay penalties or comply with orders for refunds or disgorgements.
    • Securities Contracts (Regulation) Act (SCRA), 1956: Provides additional authority to SEBI for recovery of penalties and enforcement of compliance.
    • Depositories Act, 1996: This Act also grants SEBI the power to enforce compliance and recover dues related to securities transactions.

Fact Box: About SEBI

  • Securities and Exchange Board of India (SEBI) is a statutory regulatory body that regulates the securities market and protects the interests of investors in securities. 
  • It was established by the Government of India in 1992, though it was first constituted as a non-statutory body in 1988. 
  • SEBI's functions include:
    • Regulating the securities market (stock market and mutual funds)
    • Protecting the interests of investors in securities.
    • Enforcing compliance (quasi-executive powers)
    • Making rules (quasi-legislative powers)
    • Adjudicating violations (quasi-judicial powers)
    • Registering and regulating
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