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SCHEDULE - FORM - A - Request seeking the issuance of warrant of authority - Securities And Exchange Board of India (Procedure For Search And Seizure) Regulations, 2014Extract SCHEDULE FORM-A [See regulation 3] Request seeking the issuance of warrant of authority. In the matter of .... Whereas a notice under section 11C(3) of the Securities and Exchange Board of India Act, 1992 has been issued, [name of the person] on [date] by the undersigned, to produce, or cause to be produced, books of account or other documents specified in the relevant summons or notice and he/she/they has/have omitted or failed to produce, or cause to be produced, such books of account or other documents which will be useful for, or relevant to proceedings under Securities Laws required by such notice, he/she/they would not produce, or cause to be produced, or would destroy, mutilate, alter, falsify or secrete such books of account or information or other documents as required by such summons or notice or relevant to, the investigation; or Whereas a notice under section 11C(3) of the Securities and Exchange Board of India Act, 1992 might be issued to ________________[name of the person] by the undersigned, to produce, or cause to be produced, books of accounts or other documents which will be useful for, or relevant to, proceedings under securities laws and he/she/they would not provide the information, or, produce documents, which shall be useful for, or relevant to, the investigation; And whereas I have reason to believe that such books of accounts, other documents, have been kept and are to be found ____________________________ (specify particulars of the building/place/vessel/vehicle/aircraft or such details which would locate such building/place or such details which would identify such vessel/vehicle/aircraft), a warrant of authority may be issued to 1. ---------------------------------------(name and designation of Authorised Officer) 2. ---------------------------------------(name and designation of Authorised officer) 3. ---------------------------------------(name and designation of Authorised officer) (a) to enter and search, with such assistance, as may be required, the said building or place or vessel or vehicle or aircraft; (b) to break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising powers conferred under the Act and these Regulations, where the keys thereof are not available; (c) to search any person who has got out of, or is about to get into, or is in the building or place or vessel or vehicle or aircraft, if Authorised officer/s have reason to suspect that such person has secreted about his person any such books of accounts or other documents; (d) require any person who is found to be in possession or control of any books of accounts or other documents, maintained in the form of electronic record, to provide the Authorised officer the necessary facility to inspect such books of accounts or other documents; Explanation.-For the purposes of this clause, the expression electronic record shall have the meaning assigned to in clause (t) of sub-section(1) of section (2) of the Information Technology Act, 2000; (e) to seize any such books of accounts or other documents found as a result of such search and relevant or useful for the investigation and take possession thereof and to make a list hereof together with particulars; (f) to place mark of identification on books of accounts or other documents or cause to be made extracts or copies therefrom; (g) record on oath the statement of any person who is found to be in possession or in control of the information or documents referred to in sub-clause (i), (iii) and (iv) of section 11C(8) of the Act. (h) to conduct the search during daytime, or at night(if there are grounds for suspecting that the object of the warrant would be defeated); (i) to conduct multiple execution ; (j) to exercise the powers conferred in this warrant of authority as per the Securities and Exchange Board of India(Procedure for Search and Seizure) Regulations, 2014 Date Signature The Investigating Authority. Securities and Exchange Board of India
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