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Thursday, July 9, 1998

Sensible proposals 

 
The Dhanuka panel's recommendations are eminently sensible, and, if implemented, will do much to wipe out the grey areas in legislation related to the stock markets. One recurring problem with regulating the stockmarket has been overlapping responsibilities. The Department of Company Affairs, the Reserve Bank of India, and the Sebi all have jurisdiction over some participants in the securities markets. The result of so many regulators has been a considerable amount of confusion, while rule-breakers have been able to exploit the loopholes in the system to go scot-free. At the heart of the matter lies concern with investor protection, the absence of which has led to the dismal state of today's markets. The Dhanuka panel's main recommendation is that all provisions related to listed companies, the issuance of securities or dealing with securities be administered by Sebi.

The designation of a single authority is certainly a step forward. Once the recommendations are implemented, Sebi can fairly and squarely beheld responsible for the state of investor confidence in the stockmarket. That may not, however, be an altogether unalloyed benefit, because Sebi at present is manned almost exclusively by bureaucrats. Why an institution which is supposed to be a market regulator should be staffed by bureaucrats without any experience of the markets is a mystery. Dealing with marketmen who know every trick in the book is not an easy task, and only those who are familiar with the markets can plug the loopholes. What happens today is that Sebi often reacts too late, and when it does react it does so with a sledgehammer, rather than remove the cause of the problem without hurting the rest of the market. If market regulation is to be improved, the bureaucratic stranglehold on Sebi needs to be removed.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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