THE GAZETTE OF INDIA

regulations · 1992 · State unknown

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Parent: THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 (7c4c1f5343adab106c3a94cafc08a5ecf5957ae7)

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THE GAZETTE OF INDIA EXTRAORDINARY PART III SECTION 4 PUBLISHED BY AUTHORITY NEW DELHI; JANUARY 10, 2014 SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai; the 10t th January 2014 SECURITIES AND EXCHANGE BOARD OF INDIA (PROCEDURE FOR SEARCH AND SEIZURE) REGULATIONS, 2014 No. LAD-NROIGN/2013-14/40/52. In exercise of the powers conferred by sub-section (9) of section 1C and section 30 of the Securities and Exchange Board of India Act; 1992 (15 of 1992), the Securities and Exchange Board of India hereby makes the following regulations, namely: CHAPTER I PRELIMINARY Short title and commencement: 1. (1) These regulations may be called the Securities and Exchange Board of India(Procedure for Search and Seizure) Regulations, 2014. (2) These regulations shall come into force on the date of their publication in the Official Gazette. Definitions: 2 (1) In these regulations, unless the context otherwise requires, the terms defined herein shall bear the meanings assigned to them below, and their cognate expressions shall be construed accordingly, a Act" means the Securities and Exchange Board of India Act; 1992 (15 of 1992); (b) authorised officer" means the investigating authority O any other officer of the Board authorised by the Chairman under sub-section (8) of section 11C of the Act; ~building' includes any structure o any other thing constructed, erected, placed or made on, in or under any land and the land appurtenant there to day time" means the hours between 7.00 a.m. and 6.00 p.m_ at the place where the search and seizure is undertaken. "document" means any record 0r information, preserved in any; handmade form such as writing, drawing, painting; with any implement on any surface, directly Or indirectly; (ii) photographic form such as microfilm, microfiche, print

Rule TOC

2 · The Chairman may authorise multiple execution of the warrant of authority during the period in which it is in force.

2 · The seizure memo shall contain the following details, as may be applicable: a the time of entry into and exit from place, building, vessel, vehicle O aircraft; the identity of the persons searched; the address of place and building and details of vessel, vehicle or aircraft searched; the details of officers present; if any, at the time of seizure; the details of other persons present, if any, at the time of seizure; the signature of the authorised officer; the signature of the witnesses with thump impression and date; h the description of identification mark, if any, placed by any person from whose possession O control the documents are seized; the signature of the owner or the person who is in immediate possession or control of premises, building, vehicle, vessel or aircraft; if available therein; the signature of the persons from whom the seizure is effected.

1 · 2 3.

1 · 2. 3. 4. 5.

2 · (a) Warrant of Authority in the case: (i) Name: (ii) Address:

3 · Details of the persons searched

4 · Date and Time of search operation: (a) Search Operations commenced on (b) Search Operations concluded on

5 · Details of the officers present at the time of seizure

1 · 2. 3.

12 · 13.

14 · 15. 16. 17.

2 · Place 3. Description of Hard Diskes,Backup Id. No. Total Of Capacity computer

5 · Brief report on backing process of each Hard Disk (Directory Listing of the whole Hard Disk, Command used for backing up, Version of the

2 · . As today' $ search was in continuance of the proceedings on we along with the aforesaid authorised officers before the commencement of proceedings today inspected the seals which had placed on that date and found them to be intactltampered with as narrated in the enclosures.

3 · The Above mentioned search party offered themselves for personal search before commencing the search which was taken declined.

4 · A search of the above mentioned place was carried out by the said party in our presence in an orderly manner without hurting the sentiments of any of the occupants of premises

5 · In the course of the search; (a) The following were found and seized: Books of accountslregisterlother documents/records, etc. as per annexure A Sheets)

6 · In the course of the search; the authorised officer Shri_ recorded the statement(s) of Shri_ on solemn affirmationloath; in our presence No. coercion; threat; inducement, promise or other undue influence was brought to bear on the above deponent: The statement was read overlexplained in the local language viz to the deponent; who signed the statement in token of having understood its contents and of agreeing that it had been correctly recorded:

7 · . The following other important persons were present in the place of search and either took an active part in or helped the search proceedings.

8 · The Search commenced on at a.m./p.m the proceedings were closed on at a.m/p.m. as finally concluded/as temporarily concluded for the day to be commenced subsequently for which purpose seal was placed on the entire placelon in our presence. 22

10 · Before leaving the above mentioned placed of the search the entire search party again offered themselves for personal search which was taken/declined. The above panchanama has been read by us/ explained to us in local language by Shri/Smt and is certified that it has been correctly recorded.

1 · The Securities and Exchange Board of India is contemplating taking certain action under section I1C (8) of the SEBI Act, 1992 and applicable provisions of the Code of Criminal Procedure, 1973 rlw section IC(11) of the SEBI Act; 1992. As the place proposed to be covered is in a sensitive locality and it is apprehended that the person occupying the premises may offer resistance, I am to request you to kindly make available police assistance to SEBI personnel carrying out the above duties. 2 Sub Inspectors, Head Constables and all armed, may kindly be instructed to report to Shri name and designation) on. at (place). at (time for necessary action

3 · Kindly treat this information as very confidential.