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SPECIAL COURT (TRIAL OF OFFENCES RELATING TO TRANSACTIONS IN SECURITIES) RULES, 1992
In exercise of the powers conferred by section 14 of the Special Court (Trial of Offences Relating to Transactions in Securities) Ordinance, 1992, the Central Government hereby makes the following rules, namely :-
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Special Court (Trial of Offences Relating to Transactions in Securities) Rules, 1992.
(2) They shall come into force on the date* of their publication in the Official Gazette.
RULE 02: SOURCES OF INFORMATION
The Custodian appointed under sub-section (1) of section 3-of the2[Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (hereinafter referred to as the Act)] may entertain for consideration, any information or complaint in writing submitted personally or sent by post to him by-
(a) the Reserve Bank of India;
(b) any bank or financial institution;
(c) any enforcement or investigating agency or Department of the Government;
(d) any officer or authority of the Government;
(e) any person who is engaged in transactions of securities as a dealer, agent or broker;
(f) any other person whose rights or interests in securities are affected : Provided that the information or complaint sent by any person referred to in clauses (e) and (f) shall not be entertained by the Custodian, if it is not accompanied by an affidavit signed by that person, and duly verified by a Magistrate or a Notary Public.
RULE 03: CASES IN WHICH CUSTODIAN MAY REJECT INFORMATION
Where an information or a complaint is not accompanied by copies of documents referred to in the information or complaint or is vague or does not contain the name and address of the sender, such information or complaint may be rejected by the Custodian.
RULE 04: CONDITION FOR MAKING NOTIFICATION
If the material information or the documents received by the Custodian are sufficient in his opinion to3 (reveal that a person is involved in an offence] referred to in sub-section (2) of section 3-of the 3[Act], he may proceed to notify the name of the person under that sub-section.
RULE 05: DUTY OF CUSTODIAN
It shall be the duty of the Custodian to furnish to the Central Government a monthly return in the form appended to these rules, and such other statements and information relating to or connected with the functions of Custodian specified in sections 3-and4-of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, as the Central Government may require from time to time.]
FORM 1 FORM
(1) Names of the persons notified by the Custodian under section 3-of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, up to the last day of the preceding month (2) Names of the persons notified under section 3-during the month (3) Total number of persons notified [total of ( 1 )+ (2)] (4) Details of properties attached (give separate details for movable and immovable property in respect of each notified person) up to the last day of the preceding month (5) Properties attached (give details of movable and immovable property separately in respect of each notified person) during the month (6) Approximate value of properties attached as stated in column (4) Rs.......................................... (7) Approximate value of properties attached as stated in column (5)
Rs........................................... (8) Total approximate value of properties attached [total of (6) + (7)]
Rs...........................................(9) Number of cases filed in the Special Court against attachment of properties up to the last day of the preceding month (10) Number of cases filed in the Special Court against attachment of properties during the month (11) Total number of cases filed [total of (9) + (10)]
(12) Details of attached property released as per order of Special Court
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