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SCHEDULE - FORM - B - Warrant of authority under sub-section (8) of section 11C of the SEBI Act, 1992 and regulation 4 of Securities and Exchange Board of India (Procedure for Search and Seizure) Regulations, 2014 - Securities And Exchange Board of India (Procedure For Search And Seizure) Regulations, 2014Extract FORM-B [See regulation 4] Warrant of authority under sub-section (8) of section 11C of the SEBI Act, 1992 and regulation 4 of Securities and Exchange Board of India (Procedure for Search and Seizure) Regulations, 2014 In the matter of ... Whereas information has been laid before me and on the consideration thereof I have reason to believe that, a notice under section 11C(3) of the Securities and Exchange Board of India Act, 1992 has been issued to, [name of the person] on [date] by the Investigating Authority, to produce, or cause to be produced, books of accounts 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 accounts 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 accounts or information or other documents as required by such summons or notice or relevant to, the investigation; or 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 Investigating Authority, 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 suspect 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); And whereas being satisfied that it is necessary to issue a warrant of authority, this warrant of authority is issued to,- 4. ---------------------------------------(name and designation of Authorised Officer) 5. ---------------------------------------(name and designation of Authorised officer) 6. ---------------------------------------(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, having 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 you 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 the 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. You may requisition the services of any police officer or any officer of the Central Government or State Government, or of both, to assist you for all or any of the purposes specified in the warrant of authority. The warrant shall be executed on or before............... The occupant of the building, place, vessel, vehicle or aircraft searched, including the person in charge of such vessel, vehicle or aircraft, shall have the right,- a) to see the sealed warrant of authority duly signed by the Chairman and to obtain a copy of such warrant of authority; b) to verify the identity of the officials assisting the authorised officer; c) to attend during the search and seizure operation; d) to have a copy of the seizure memo prepared under regulation 12 be delivered to any person from whose possession or control the documents are seized; e) to have copy of seized document, or take extracts therefrom, in the presence of the authorised officer or any other person empowered by him in this behalf, at such place and reasonable time as the authorised officer may appoint in this behalf; f) to have a copy of any statement recorded during search and seizure; g) to put his own mark of identification on the documents seized on recording the description of the such mark of identification. Date The Chairman Securities and Exchange Board of India Seal
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