(1) Whenever any sealed package or packages are required to be opened for any of the purposes of the Act, the authorised officer, on being so directed by the Authority, may requisition the same from the Custodian Officer or the branch of public sector bank or the officer or authority referred to in rule 15 and on receipt of the requisition, such package or packages, as the case may be, shall be delivered to him by such Custodian Officer or branch or public sector bank or such officer or authority and the authorised officer may break any seal and open such package or packages in the presence of two respectable witnesses giving a reasonable notice to the person from whose custody the contents were seized to be present.
(2) The witnesses referred to in sub-rule (1) shall be permitted to be present till the contents of the package or packages are placed in a fresh package or packages and sealed in the manner specified in rule 13 or delivered to such person or the Custodian Officer, or the branch of public sector bank or the officer of authority referred to in rule 15, as the case may be.
[F. No. 11/10/2014-PR] ANUP WADHAWAN, Jt. Secy.
FORM [See rule 5] Warrant of authorisation under section 17 of the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013) and rule 5 of the Pension Fund Regulatory and Development Authority (Procedure for Search and Seizure by Authorised Officer) Rules, 2014.
Whereas information has been laid before the *Authority/*me, being the Chairperson / whole-time member of the Authority (mention the name of the person authorised by the Authority / Chairperson / whole-time member) and on the consideration thereof *Authority / I have reason of believe that- *(a) Shri----------, resident of -------, being required under sub-section (3) of section 16 of the Act to produce, or cause to be produced, any books, or other documents or record in his custody or power has omitted or failed to produce, or cause to be produced, such books, or other documents or record; or *(b) Shri-----------, resident of ------------to whom a requisition to produce any books, or other documents or record in his custody or power has been or might be issued will not, or would not, produce or cause to be produced, such books, or other documents or record which will be useful for, or relevant to, an investigation under subsection (1) of section 16 of the Act; or *(c) a contravention of any provision of this Act has been committed or is likely to be committed by ---------- (mention name of intermediary); or 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] *(d) any claim which is due to be settled by the ----------(mention name of intermediary), or, has been or is likely to be rejected or settled at a figure higher than a reasonable amount; or *(e) any claim which is due to be settled by ---------(mention name of intermediary); or, has been or is likely to be rejected or settled at a figure lower than a reasonable amount; or *(f) any illegal fees and charges have been transacted or are likely to be transacted by (mention name of intermediary); or *(g) any books, accounts, papers, receipts, vouchers, survey reports or other documents, belonging to ------------- (mention name of intermediary) are likely to be tampered with, falsified or manufactured.
And whereas *Authority/*I has / have reason to suspect that any such books, accounts, papers, receipts, vouchers, survey reports or other documents, belonging to an intermediary have been kept and are to be found— (specify particulars of the building / place or such details which shall locate such building / place).
3. And therefore, this warrant or authorisation is issued to,—
1.------------------------------------------(name and designation of Authorised Officer)
2.------------------------------------------(name and designation of Authorised Officer)
3.------------------------------------------(name and designation of Authorised Officer)
4.------------------------------------------(name and designation of Authorised Officer)
(a) to enter and search the said building / place;
(b) to search any person who has got out of, or is about to get into, or is in the building / place if you have reason to suspect that such person has secreted about his person any such books, accounts, papers, receipts, vouchers, survey reports or other documents;
(c) to place identification marks on such books of account and documents as may be found in the course of the search and as you may consider relevant to or useful for the proceedings aforesaid and to make a list thereof together with particulars of the identification marks;
(d) to examine such books, accounts, papers, receipts, vouchers, survey reports or other documents and make, or cause to be made, copies or extracts from such books, accounts, papers, receipts, vouchers, reports or other documents;
(e) to seize any such books, accounts, papers, receipts, vouchers, survey reports or other documents found as a result of such search and take possession thereof;
(f) to deposit such books, accounts, papers, receipts, vouchers, survey reports or other documents with the Custodian Officer or the branch of public sector bank or with the officer or authority referred to in rule 15 of the Pension Fund Regulatory and Development Authority (Procedure for Search and Seizure by Authorised Officer) Rules, 2014;
(g) requisition the services of any police officer or any officer of the Central Government, or of both, to assist the aforesaid authorised officer for all or any of the purposes specified in the Pension Fund Regulatory and Development Authority (Procedure for Search and Seizure by Authorised Officer) Rules, 2014 and it shall be the duty of every such police officer or officer to comply with such requisition;
(h) where it is not practicable to seize any such books, accounts, papers, receipts, vouchers, survey reports or other documents to serve an order on the person who is in immediate possession or control thereof that he shall not remove, part with or otherwise deal with them except with the previous permission of such officer and such officer may take such steps as may be necessary for ensuring compliance with the provisions of sub-section (3) of section 17 of the Act;
(i) to examine during the course of the search or seizure on oath any person who is found to be in possession or control of any such books, accounts, papers, receipts, vouchers, survey reports or other documents, and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the Act;
Officer authorised to sign by the Authority / Chairperson / Whole-time member (SEAL) (*Strike out whichever is not applicable) (Name of officer) Designation of officer (File No.----------------------) Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.