CS Executive · Capital Market and Securities Laws · Securities and Exchange Board of India
Meera was an employee of the existing Securities and Exchange Board on the day the statutory Board was established. She does not wish to join the new Board. Under the SEBI Act, 1992, what is the position?
Meera continues as an employee of SEBI on the same tenure and terms of service she had before, unless she opts not to be its employee within six months from the date of establishment. The Act protects existing terms but gives this six-month opt-out window.
- AShe is bound to continue permanently on revised terms fixed by the Board
- BShe continues on the same tenure and terms unless she opts out within six months from that dateCorrect
- CShe ceases to be an employee immediately unless the Board re-appoints her
- DShe may opt out at any time within two years from that date
Explanation
Section 10(1)(g) says every employee holds office in the Board by the same tenure and on the same terms (remuneration, leave, provident fund, retirement and terminal benefits), and continues as an employee unless she opts out within six months from that date. Immediate cessation and a two-year window are not provided.
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