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Mahua Moitra cash-for-query case- CBI seeks Ethics Committee report from Lok Sabha Secretariat to proceed with investigation

时间:2024-06-17 07:30:57 阅读(143)

Mahua Moitra cash-for-query case: CBI seeks Ethics Committee report from Lok Sabha Secretariat to proceed with investigation

The Central Bureau of Investigation (CBI) has approached the Lok Sabha Secretariat to get the Ethics Committee report that recommended Trinamool Congress (TMC) MP Mahua Moitra’s expulsion from the Parliament over cash-for query allegations to proceed with its probe. However, a decision in this regard is yet to be taken by the Secretariat, reported The Indian Express.

The CBI is conducting an inquiry sent by the Lokpal to it on the allegations against the TMC leader.

Mahua Moitra cash-for-query case- CBI seeks Ethics Committee report from Lok Sabha Secretariat to proceed with investigation

“The CBI has written to the Secretariat seeking a copy of the Ethics Committee report. We will look into it. We have not made a decision yet,” the source said, as quoted by IE.

If the Lok Sabha Secretariat forwards the Ethics Committee report to the CBI giving sanction under Section 17A of the Prevention of Corruption Act to probe against Moitra, the CBI can register an FIR and go ahead with a probe into the “criminal conduct” of her.

During the Winter Session of Parliament, Moitra was expelled from the Lok Sabha after the House adopted a report of its Ethics Committee for allegedly taking bribes from businessman Darshan Hiranandani, CEO of Hiranandani Group, to further his business interest.

After a heated debate over the report, during which Moitra was not allowed to speak, Parliamentary Affairs minister Pralhad Johi moved a motion to expel her for “unethical conduct”, which was adopted by voice vote.

Allegations against her were raised in the Parliament by BJP MP Nishikant Dubey, who had written to Lok Sabha Speaker Om Birla, claiming that she took bribes from Hiranandani. He also wrote another letter to Union IT Minister Ashwini Vaishnaw urging him to probe the IP addresses of Moitra’s login credentials to the Lok Sabha to check if it was accessed by anyone else.

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上一篇:AMC”.

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In its consultation paper, Sebi has suggested that trustees of mutual funds should focus on market abuse by AMC, its employees and mis-selling by the AMC to increase the asset base.

Also, trustees should be responsible for fairness of fees and expenses charged by the AMC, compare its performance with peers and ensure that AMC’s sponsor is not getting any undue advantage.

In addition to the core areas, the trustees should be responsible for periodically reviewing the steps taken by AMCs for the folios which do not contain all KYC attributes with bank details.

Further, Sebi has suggested that trustees and their resource persons should independently evaluate the extent of compliance by AMC and not merely rely on AMC’s assurances.

To facilitate trustees’ supervision, AMCs should provide them with analytical information.

Presently, the trustees primarily rely on the AMCs for ensuring compliance with the applicable rules.

Under the rules, trustees hold the property of the mutual fund in trust for the benefit of the unitholders. The trustees appoint an AMC to float schemes for the mutual fund and manage the funds mobilised under various schemes, in accordance with the investment objectives.

“In view of the increasing scale and reach of the mutual fund industry, trustees’ role in respect of unitholders’ protection assumes even greater significance,” Sebi said on Friday.

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Over the past decade there has been a five-fold increase in the size of the mutual fund industry. The assets under management (AUM) has surged from Rs 7.93 lakh crore in November 2012 to Rs 39.89 lakh crore in December 2022.

To ensure that trustees devote time and attention to their core responsibilities, Sebi has suggested that for fulfilling other responsibilities, trustees may rely on professional firms such as audit firms, legal firms, merchant bankers for carrying out due diligence on their behalf.

The Sebi also listed some duties trustees can delegate to AMCs. This include ensuring that all systems are in place prior to the launch of any scheme by the AMC, and calculating any income in the mutual fund due to the fund and any income received in the mutual fund for unitholders.

The regulator has proposed to provide a one year time to existing trustees with board of trustee structure to convert into a trustee company, from governance point of view.

Presently, two structures for trustees are permitted — corporate and board of trustees structure. Moreover, there are a few mutual funds which have the board of trustees structure while the trustees of all other mutual funds have adopted the structure of a trustee company.

Considering the enhanced role of trustees over the period of time, Sebi has suggested to increase the minimum number of trustees to adequately perform their functions. Presently, the minimum number of trustees prescribed is four.

Also, it has been proposed that the chairperson of the trustee company should be an independent director.

Sebi has suggested that apart from the meeting of the audit committee of AMCs and trustees (which mostly comprises of independent directors), the board of AMCs and the board of trustees may be mandated to meet at least once a year to discuss the issues concerning the mutual funds.

The regulator proposed that the existing MF Regulations on AMC and its obligations may be amended to include additional clauses with respect to the obligations of the board of AMC.

The proposed amendment may include a clause which casts an obligation on the board of AMC to ensure that all the activities of the asset management company are in accordance with the provisions of these regulations.

The Securities and Exchange Board of India (Sebi) has sought comments from public till February 24 on these proposals.

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