(1) A warrant of authority shall be signed and sealed by the Chairman.
(2) Every warrant of authority issued by the Chairman shall remain in force until it is cancelled by the Chairman or until it is executed, or till the expiry of the time limit specified for execution in the warrant of authority, whichever is earlier
(3) A warrant of authority issued to more than one officer of the Board, may be executed by all or any one or more of them.
(4) A warrant of authority issued to any officer of the Board shall expire on the date of the order of the transfer of such officer.
Return of warrant of authority.
6. A warrant of authority issued under these regulations shall be returned to the Chairman,-
(a) after being executed fully along with the seizure memo, or
(b) if not executed, whether partially or not, within the time authorised, if any, for its execution, on the expiry of such time.
and the authorised officer shall make an endorsement on the warrant of authority stating as to the powers which have been exercised by him under such authority.
CHAPTER III PROCEDURE RELATING TO SEARCH AND SEIZURE Witness.
7. Before making a search under this Chapter, the authorised officer shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do:
Provided that the authorised officer on reasonable steps taken by him to find witness, finds that no witness is available or willing to stand as witness and on recording of the same, shall execute the warrant of authority on the execution being video graphed, and the search and seizure shall not be invalid on the mere ground that no one has stood as witness for search;
Provided further that no person witnessing the search shall be compelled to be a witness in any quasi-judicial proceedings under the securities laws except as and when summoned by the Board or the authority before whom such proceedings are pending.
Search of places and buildings.
8 (1) If ingress into any, place or building cannot be so obtained or no one is present in the place or building , it shall be lawful for the authorised officer executing the warrant of authority, to enter such building or place and search therein and in order to 4 effect an entrance into such building or place, to break open any outer or inner door or window of any building or place, whether that of the person to be searched or of any other person, if after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.
Provided that if any such building or place is an apartment in actual occupancy of a woman, who according to custom does not appear in public, the authorised officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing and may then break open any outer or inner door or window of the apartment and enter it.
(2) The authorised officer may require any person who is the owner, or has the immediate possession, or control, of any box, locker, safe, almirah or any other receptacle situate in such building, place to open the same and allow access to inspect or examine its contents, and, where the keys thereof are not available or where such person fails to comply with any such requirement, may cause any action to be taken including the breaking open of such box, locker, safe, almirah or other receptacle which the Authorised Officer may deem necessary for carrying out all or any of the purposes specified under the warrant of authority.
(3) The authorised officer may require any person who is the owner, or has the immediate possession, or control of such building or place, pending the commencement of the search, not to remove from such building or place, any article or other thing.
(4) The authorised officer may requisition the services of any police officer or of any officer of the Central Government or State Government or all of them, to assist him for all or any of the purposes specified in Warrant of Authority.
(5) The authorised officer may search, with such assistance, as may be required, any building or place, authorised to be searched, where such information or documents are expected or believed to be kept.
Search of vessel, vehicle or aircraft.