Sun-Plant Agro, whose application was rejected by SEBI and was supposed to wind up its scheme in 2003, continued to raise funds under the guise of ‘sale of plants’, which was just a collective investment scheme
Market regulator Securities and Exchange Board of India (SEBI) has asked Kolkata-based Sun-Plant Agro Ltd not to collect any money from investors or to launch any scheme in the name of sale of plants.
In an order issued on Thursday, SEBI's whole time member Prashant Saran, asked Sun-Plant Agro not to dispose of any of the properties or alienate the assets of the scheme and not to divert any fund raised from the public at large kept in bank accounts and/or at the custody of the company.
Sun-Plant Agro was raising funds in the name of 'sale of plants'. It allegedly sold plants to purchasers, maintained the plants and thereafter provided returns on the amounts invested at the end of the scheme in the form of wood, even though no identity or marking of the particular plant which was sold, was provided to purchasers.
SEBI said that such activities of the company carry the features of a Collective Investment Scheme (CIS), specified under Section 11AA of the SEBI Act read with Regulation 3 of the SEBI (CIS) Regulations.
The company ought to have wound up the scheme in 2003 pursuant to rejection of the application for provisional registration by SEBI and the filing of the 'Winding Up and Repayment Report' by the company. However, the activities of Sun-Plant Agro and the details of amounts received by it against cost of trees during 2003 to 2010 prima facie indicate that even after submission of the Winding Up and Repayment Report in 2003, the company has been carrying out activities of a CIS without obtaining a Certificate of Registration from SEBI, the market regulator said.
Interestingly, the company, which calls itself 'ISO:9001:2008 certified eco-friendly organisation', has partnered with the West Bengal Wasteland Development Corporation (WBWDC). Sun-Plant Agro, with WBWDC, plans to plant the jatropha crop over about 30,000 acres in the arid districts of Bankura, Birbhum, West Midnapore and Purulia over the next 15 years.
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Such a position the movement of SEBI doesn’t indicate adequate public interest. When with out any public ( customer ) complain a company who has been submitted every year’s audited balance sheet to SEBI ( 2003-4 to 2009-10 ) it’s painful that SEBI restrict the company to commit it’s business after a long period of 7 years.
We know that the primary work of SEBI is looking after the security market ( Primary & secondary Market ). There are so many companies, collected money from primary market and after that enlisted BSE,NSE and other stock market, abolished totally after collecting a huge public money. Is there any rule to SEBI to prevent that type of incident ? What is the way to repay share holder’s money from de-listed companies ? If basic terms & conditions are applicable on it, what is the basic role of SEBI on public interest?
VERY CONFUSING ~COMPLICATED
1. How tree sale becomes a CI scheme?
2. Company does not inviting investment for Cultivating plant. They approach the people to sell their growing trees in various project in various state. Whether a Producer/Farmar have a right to sell or not his own cultivated product?
3. For the interest of customer Company made an agreement as MOU because it have expertise for tree maintaining which purchaser have not. Company insured every plant against natural calamities on behalf of customer/purchaser without MOU it is not possible. Till maturity of the sold tree served customer/purchaser interest is wrong?
4. Company indicating projects area i.e. state/district/mouja/project no./tree no. of sold tree/trees bearing to its customer/purchaser through a sale and maintenance agreement. So what is the problems to identify the tree/trees?
5. In our country AMC is allowed on sold goods/products. So company made a MOU as AMC for 7 years. What is the problem?
6. Is there any incident of deprive customer ?
The above questions are arising because last 7 years I have been observing the company and its thousands of customers and worker from very closer and saw they feel proud for the company because the company is fighting against global worming /day to day increasing unemployment/ to increase national asset development/ earn carbon credit/ make India green and clean .
In the question of reduce GHG and produce new trees Govt./non Govt. organization / Semi Govt. institution are trying vigorously to combat day by day increasing GHG but in many areas they failed but by the way of tree sale it produce more than 10 lacks of trees in its age.
In the question of reduce unemployment company made opportunity of earning thousands of its field force as well as tree project worker and more then five hundred office worker.
In the question of Bio Fuel Company is on the way of produce ECO friendly fuel BIO-Diesel from Jetropha and Algel-Diesel through carbon sequestences.
Now West Bengal Westland Development Corporation made a agreement to produce bio-diesel from jatropha by using barren waste land in various area of W.B. through this process lacks of poor people get job and produce ECO friendly BIO-Diesel which can save foreign Currency utilized for oil import.
So, SEBI have to think twice Sun Plant Agro Ltd. Is doing CIS or Provide employments/jobs, Produce national assets which increasing national GDP, Produce Oxygen and reduce Carbon di-oxide and also its activity help in reducing GHG which is the burning problem now a days in the almost all the countries of the world.
Netai Chandra Roy
North 24 Parganas, West Bengal
In favor of Green India-Clean India
Which is the slogan of Sun-Plant Agro Ltd. also
A Collective Management company should be in-corporated under provisons of the companies act 1956 and registered with SEBI under the SEBI(CIS) Regulation 1999,whose object is to organise operate and manage a collective investment scheme.
Buyer - seller deal ie product/commodities selling and AMC Will come under consumer re-dressal forum.
SUNPLANT is neither NBFC nor a Registered CI Management Company, so I THINK SEBI'S HANDS ARE TIGHT & CAN'T CROSS THE LIMITATION.
After 7 years they are passing the order to a company who is trading & maintaining tree as per ISO norms with valid 9001:2008 CERTIFICATE on quality management.
Recently the company has entered in a Joint Venture project with WBWDC under Forest Department Govt Of WB for waste land development through Bio energy crop & medicinal plant cultivation where large number of farmers are involved.This is under GREEN INDIA MISSION providing employment to the needy rural masses. Any action at this juncture may hamper the JV project badly.
I feel suitable directives to be given considering the future of rural masses.
Environmentalist
Here, praise to SEBI for acting before a complaint of money loss, which is sure to happen. Surely the money raised so far, has gone out of the company's books.