Section 22 of The Securities and Exchange Board of India Act, 1992
All members, officers
and other employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
↩1.Subs. by Act 9 of 1995, s. 10, for “sixty days” (w.e.f. 25-1-1995).
↩2.Subs. by Act 32 of 1999, s. 11, for “an order of the Board made” (w.e.f. 16-12-1999).
↩3.Ins. by Act 9 of 1995, s. 11 (w.e.f. 25-1-1995).
↩4.Subs. by Act 32 of 1999, s. 12, for “Board” (w.e.f. 16-12-1999).
↩5.Subs. by s. 12, ibid., for “section 20” (w.e.f. 16-12-1999).
Summary
- Everyone working for the Board is officially considered a public servant under the law.
- This rule applies specifically when they are doing their official jobs or carrying out duties related to this Act.
- The exact definition of a "public servant" for this purpose is borrowed directly from section 21 of the Indian Penal Code.
Practical examples
FAQ
1. Are regular employees of the Board considered government workers?
For the purposes of criminal law and their duties, they are deemed to be "public servants."
2. Does this mean they are public servants even when they are off duty?
The protection and status apply when they are acting, or purporting to act, in pursuance of the provisions of this Act.
3. Where is the definition of a public servant found?
The Act uses the definition found in section 21 of the Indian Penal Code.
Test yourself
Q1.Under Section 22 of The Securities and Exchange Board of India Act, 1992, what legal status is granted to members, officers, and other employees of the Board?
Q2.Under Section 22 of The Securities and Exchange Board of India Act, 1992, which external law provides the definition of "public servant" used in this provision?
Q3.Under Section 22 of The Securities and Exchange Board of India Act, 1992, when exactly does an employee of the Board hold the status of a public servant?
Q4.Under Section 22 of The Securities and Exchange Board of India Act, 1992, how does the cross-reference to Section 21 of the Indian Penal Code change the way an employee is treated legally?