Issue of Certified copies of Orders and Circulars - SEBI - Office Circular No. 3 of 2003

Circulars Securities and Exchange Board of India Legal Department Office Circular No. 3 of 2003 Sub: Issue of Certified copies of Orders and Circulars SEBI has been receiving several requests for certified copies of Orders passed by Chairman and Circular issued by the Board. These are usually required in order to file appeals or to campaign the right of an aggrieved party in any petition or proceeding. At present, there are no guidelines on issuing of certified copies of orders and Circulars. Guidelines for issuing certified copies of orders and circulars have now been framed and the same have been approved by the Committee of Executive Directors in their meeting held on 30.4.2003. The said guidelines are enclosed with this circular. All Departments are requested to take note of the same and ensure compliance. R. S. LOONA EXECUTIVE DIRECTOR (LAW) Encl: as above To: All EDs All Division Chiefs RM NRO, DGM SRO, DGM ERO Notice Boards for information of all employees Chairman s Secretariat By email to all employees Guidelines for issuing certified copies Certified copies of orders passed by the Board, Chairman or the Adjudication Officer and Circulars issued by any department of the Board may be issued subject to the following guidelines: 1. Application for a certified copy may be made by the applicant at any time after the order is passed or the circular is issued, but within 25 years from date of passing of order or issuance of circular. 2. The applicant may seek for a certified copy for the purpose of filing a statutory appeal or for using it before any other proceedings. 3. In case of orders only the persons covered under the order or persons aggrieved by the order may apply for a certified copy. 4. The date of receipt of application and the date of preparation of certified copy are relevant in view of the limitation prescribed for appeal. The period taken for issuing certified copy after application is received, is usually excluded from the limitation for filing appeal. 5. The Executive Director of each department may designate any officer of the rank of Division Chief and above as the Designated Officer for each department who can issue certified copies of orders passed by the Chairman or the Board or the Adjudicating officer as the case may be and the Circulars issued by Board. 6. The application for issuing the certified copy shall be considered by the Designated Officer and upon being duly satisfied, he shall issue the certified copy expeditiously against proper acknowledgement. 7. The Designated Officer shall keep with him the originals of Circulars issued by the Board or the orders passed by the Chairman/ Board/ Adjudicating officers before giving away the certified copies as stated above. The originals of the Circulars/Orders in the custody of the respective Departments would be deemed to be in the custody of the Designated Officer for the purpose of these guidelines. 8. The Designated Officer shall maintain a record of the certified copies given and give a serial number to each copy to avoid forgery. 9. A certified true copy shall contain the following: a. The words Certified to be true copy -conspicuously visible on the last page, at the bottom of the copy of the order b. The date of issue of certified copy. c. Information as to the number of pages the order contained. d. The name and designation of the official certifying it e. Office Seal at the bottom of every page along with initials of the Designated Officer. 10. A fee of ₹ 50/- per order or ₹ 5 per page which ever is higher will be charged for each certified copy. The same shall be paid along with the application by way of a DD drawn in favour of Securities and Exchange Board of India 11. The DD shall be sent to GSD for encashment after the copy is issued as above by the said Designated officer. 12. Certified copies shall be ordinarily collected by the applicant in person against proper acknowledgment, however upon specific request; certified copies may be dispatched to the applicant by Registered Post with Acknowledgment due. In the cities of New Delhi, Kolkatta and Chennai, the certified copies may be collected from the Regional Offices of SEBI