Union of India - Act
The Government Securities Regulations, 2007
UNION OF INDIA
India
India
The Government Securities Regulations, 2007
Rule THE-GOVERNMENT-SECURITIES-REGULATIONS-2007 of 2007
- Published on 1 December 2007
- Commenced on 1 December 2007
- [This is the version of this document from 1 December 2007.]
- [Note: The original publication document is not available and this content could not be verified.]
11.
/603Published vide RBI (Deptt. Of Government and Bank Accounts) (Central Debt Division), dated 1.12.2007, published in the Gazette of India, Extraordinary, Part III, Section 4, dated 1.12.2007.In exercise of the powers conferred by section 32 of the Government Securities Act, 2006 (38 of 2006), the Reserve Bank of India, with the previous approval of the Central Government, makes the following regulations, namely:-Chapter I
Preliminary
1. Short title and commencement
.-(1) These regulations may be called The Government Securities Regulations, 2007.2. Definitions
.-(1) In these regulations, unless the context otherwise requires,-(a)"Act" means the Government Securities Act, 2006 (38 of 2006);(b)"Defaced security" means a security which has become illegible or rendered undecipherable in material parts thereof; and the material parts of such security are those where-(i)the security number, loan to which it belongs to and the face value of the security or payments of interest are recorded; or(ii)the endorsement or the name of the payee is written or the transfer is executed; or(iii)the renewal is recorded;(c)"Form" means a form as set out in the Schedule to these regulations;(d)"Lost security" means a security which has been lost but does not include a security which is in possession of some person adversely to the claimant;(e)"Mutilated security" means a security which has been destroyed, torn or damaged in material parts thereof and the material parts of such security are those where-(i)the security number, loan to which it belongs to and the face value of the security or payments of interest are recorded; or(ii)the endorsement or the name of the payee is written or the transfer is executed; or(iii)the renewal is recorded.Explanation .-For the purposes of this clause, a security shall be deemed to have been damaged, if the security has been treated or transformed in such a manner that it is impossible to touch and feel the security or endorse it by writing and putting the seal or signature thereon;(f)"Officer of the bank" means the officer posted by the bank to perform the duties under the Act;(g)"Public Debt Office" means the office of the Bank in whose books the Government security is registered or may be registered;(h)"Scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934);Chapter II
Forms And Transfer Of Government Securities And Recognition Of Title To Security Of Deceased
3. Subsidiary general ledger account including a constituents' subsidiary general ledger account and bond ledger account
.-(1) Subsidiary general ledger account including a constituents' subsidiary general ledger account and bond ledger account may be maintained in an electronic form or in a dematerialized form in accordance with the provisions of the Depositories Act, 1996 (22 of 1996).4. Transfer of Government securities
.-(1) Government securities in different forms shall be transferable in the following manner, namely:-(a)Government promissory note .-It shall be transferable by endorsement and delivery and no endorsement of a Government promissory note shall be valid unless such endorsement is made by the signature of the holder or his duly constituted attorney or representative, inscribed on the back of the security itself, for negotiation of total amount denominated by the security;(b)Bearer bond .-It shall be transferable by delivery and the person in possession of the bond shall be deemed to be the holder of the bond;(c)Stock certificate .-Stock for which stock certificate has been issued shall be transferable before maturity either wholly or in part by execution of an instrument of transfer in Form II and the transferor shall continue to be the holder thereof until the Bank registers the name of the transferee as the holder of the stock;(d)Subsidiary general ledger account including a constituents' subsidiary general ledger account .-Stock held at the credit of the holder in a subsidiary general ledger account including a constituents' subsidiary general ledger account with the Bank shall be transferable before maturity either wholly or in part by execution of an instrument of transfer in Form IV and the transferor shall continue to be the holder of such security to which the transfer relates until the Bank registers the name of the transferee as the holder.(e)Bond ledger account .-A Government security held in a "bond ledger account" with the Bank or its agent shall be transferable before maturity either wholly or in part by execution of an instrument of transfer in Form V by the holder of the security and the transferor shall continue to be the holder of such security until the Bank, or, as the case may be, its agent registers the name of the transferee.5. Execution of a document or endorsement by a person unable to write
.-(1) If a person is unable to execute any document relating to a security, or to make endorsement thereon, he may apply to the Executive Magistrate to execute the document, or make endorsement on his behalf and subject to such person producing sufficient documentary evidence about his identity, and satisfying the Executive Magistrate that such person has understood the implications of such execution or endorsement, as the case may be, the Executive Magistrate may do so on his behalf in the manner as provided in sub-regulation (2).6. Recognition of title to Government security of a deceased holder
.-(1) In addition to the documents referred to in sub-sections (1) and (2) of section 7 of the Act, where a decree, order or direction passed by any Court declaring the person as referred to therein, as having title to the Government security or appointing a receiver to take possession of the security is produced or a certificate issued or order passed by any other authority who might have been empowered under any statute to declare any person as having title to the Government security, is produced by a claimant for recognition of his title in respect of the security held by a deceased holder, the Bank, or, as the case may be, its agent may recognize his claim on the basis of any of such documents, subject to its satisfaction with respect to the legality, genuineness, and finality thereof, and of the fact that there is no rival claim in respect of such Government security.Chapter III
Nomination
7. Nomination in respect of Government securities
.-The person making or cancelling the nomination in respect of a stock certificate shall submit the Form VI or the Form VII, only, in respect of bond ledger account, as the case may be, and on receipt of such forms, the Public Debt Office shall, register in its books the nomination or the cancellation, as the case may be, and forward to such person an endorsement on the stock certificate or an acknowledgment to the effect that nomination, or cancellation, has been made in its books as per the form submitted by the applicant.8. Nomination in case of minor
.-While making nomination in favour of a minor, the sole holder of the Government security or all the joint holders together, as the case may be, may appoint another individual not being a minor, to receive the proceeds of the Government security on behalf of the nominee in the event of the death of the sole holder or all the joint holders during the minority of the nominee, as the case may be.9. Effect of nomination on renewal, etc
.-(1) The rights which a nominee or nominees have acquired in relation to a Government security under a nomination duly made and registered under regulation 7 shall not be affected by reason of the renewal or sub-division of the stock certificate or the issue of the duplicate stock certificate on the ground that the original has been lost, stolen, destroyed, mutilated or defaced, and the nominee or nominees shall have the same rights in relation to the renewed stock certificate or each of the stock certificates issued on sub-division or the duplicate stock certificate:Provided that where a security is sub-divided in pursuance of a transfer of a part of such stock certificate, nothing in this sub-regulation shall apply to the new stock certificate issued to the transferee.Chapter IV
Issue Of Duplicate Or New Government Securities
10. Procedure for issue of duplicate Government security, etc
.-(1) When a Government security is lost, stolen, destroyed, mutilated or defaced, the person entitled thereto shall apply for the issue of a duplicate security in the manner laid down in regulations 11 and 13, to the Public Debt Office at which the security is registered with a statement showing particulars, such as security number, amount of security and nomenclature of the loan.11. Procedure when a Government promissory note is lost, etc
.-(1) The application for the issue of a duplicate Government promissory note which is stated to have been lost, stolen, destroyed, mutilated or defaced either wholly or in part shall be accompanied by-(a)a statement containing the following particulars, namely:-(i)the last half-year for which interest has been paid;(ii)the person to whom such interest was paid;(iii)the person in whose name the note was issued (if known);(iv)particulars of coupons attached (if any);(v)the place for payment of interest at which the note was for the time being enfaced;(vi)the circumstances relating to the loss, theft, destruction, mutilation or defacement; and(vii)whether the loss or theft was reported to the police, if so, a copy of police report shall be enclosed;(b)the post office registration receipt for the letter containing the Government promissory note, if the same was lost in transmission by registered post;(c)where the last payment of interest was not made by a warrant issued by the Public Debt Office, a letter signed by the officer of the treasury, or, as the case may be, sub-treasury, where interest was last paid, certifying the last payment of interest on the Government promissory note and stating the name of the holder to whom such payment was made;(d)(i)if the applicant is not the holder in whose name the Government promissory note was originally issued, an affidavit sworn before the Executive Magistrate testifying that the applicant was the last legal holder of the Government promissory note;(ii)all documentary evidence necessary to trace back the title to the original holder; and(e)any portion or fragments of the lost, stolen, destroyed, mutilated or defaced of the Government promissory note.12. Loss of a bearer bond or a prize bond
.-When a bearer bond or prize bond is lost, stolen, mutilated, defaced or destroyed, the bank shall not replace it.13. Procedure when a stock certificate is lost, etc
.-(1) Where the stock certificate is lost, stolen, destroyed, mutilated or defaced, either wholly or in part, the legal holder of that stock certificate may apply for the issuance of a duplicate stock certificate to the Public Debt Office and such application shall be accompanied by-(a)the post office registration receipt for the letter containing the stock certificate, if the same was lost in transmission by registered post;(b)a copy of the police report, if the loss or theft was reported to the police;(c)an affidavit sworn before the Executive Magistrate testifying that the applicant is the legal holder thereof and it is neither in his possession nor has it been transferred, pledged or otherwise dealt with by him; and(d)any portions or fragments which may remain of the lost, stolen, destroyed, mutilated or defaced stock certificate.14. Publication of list
.-(1) The list referred to in sub-regulation (4) of regulation 11 shall, as soon as possible, be published in the Gazette of India or in the Official Gazette of the State concerned, as the case may be.15. Consideration of a mutilated security for issuance of its duplicate or renewal
.-It shall be at the option of the bank to treat a security which has been mutilated or defaced as a security requiring issuance of a duplicate thereof under the regulation 11 or 13 or for renewal under regulation 16.16. Procedure for issue of new securities on conversion, consolidation, sub-division and renewal
.-Subject to any general or special instructions of the Bank, the Public Debt Office may, by its order, on the application of the holder of the Government promissory note-Chapter V
Summary Determination And Vesting Order
17. Procedure for making vesting order
.-(1) The person claiming to be entitled to a Government security or the payment of interest thereon shall apply to the Bank and adduce documentary evidence in support of his claim.Chapter VI
Grant Of Information And Inspection Of Documents
18. Application for grant of information or inspection relating to Government security
.-(1) A person may submit an application to the bank or its agent for information regarding Government security or inspection thereof subject to the provisions of this regulation.19. Disposal of application for grant of information or inspection
.-(1) If the applicant asks for any information in respect of Government security which has been renewed, converted, consolidated, sub-divided otherwise than in the name of the person who has renewed, converted, consolidated or sub-divided, or asks for inspection of such security, or any register or book kept or maintained by the bank or its agent in respect thereof or of any entry of such Government security in such register or book, the application shall be refused.20. Indemnity bond in connection with grant of information or inspection
.-Before furnishing any information or granting permission for inspection, the bank, or, as the case may be, its agent may, if it considers necessary, require the applicant to execute a bond of indemnity in Form XIII for an amount twice the face value of Government security or securities involved and the interest paid thereon from the date of issue.Chapter VII
Pledge, Hypothecation Or Lien Of Government Security
21. Pledge, Hypothecation or Lien of Government security
.-(1) The holder of a Government security may create a pledge, hypothecation or lien in respect of a Government security by--(a)issuing a notice of pledge hypothecation or lien to the bank, or, as the case may be, its agent, in triplicate in Form XIV; and(b)submitting the stock certificate and the duly executed Form III in relation thereto; or the duly executed Forms III, IV or V, as may be applicable to the Government security, where a pledge, hypothecation, or lien is to be created for the Government security held in subsidiary general ledger account or constituents' subsidiary general ledger account or bond ledger account, as the case may be.22. General provisions relating to pledge, hypothecation and lien
.-(1) The bank or, as the case may be, the Government shall not be responsible to any person creating pledge, hypothecation or lien or party to thereof for any loss caused to him on account of the invocation of the pledge, hypothecation or lien by the pledgee or the creditor in violation of the terms of pledge, hypothecation or lien or the provisions of any other law for the time being in force.Chapter VIII
Payment Of Interest And Maturity Proceeds
23. Payment of interest
.-Payment of interest on Government security shall be made and acknowledged in the following manner, namely,-24. Discharge of a security
.-(1) For obtaining maturity proceeds due on a Government security, held in any of the following forms, i.e.:-(a)a Government promissory note; or(b)a bearer bond; or(c)a treasury savings deposit certificate; or(d)a defence deposit certificate;the security shall be presented at the office at which the interest on the security is payable or at the Public Debt Office of domicile and signed, except in the case of a bearer bond by the holder, on its reverse, and in the case of bearer bond, coupon or coupons, if any, for the half-year preceding the date of payment of the principal shall be surrendered with the bond or bonds.25. Disposal of securities which have been repaid, renewed, converted etc
.-A Government security in respect of which a duplicate or a new Government security has been issued or which has been discharged by payment may be perforated, punched, cut or otherwise disposed of by the bank in such manner as the bank may consider necessary to ensure that the original security is not misused.Chapter IX
Fees
26. Fees
.-(1) A fee of rupees twenty shall be payable for renewal, conversion or sub-division of the Government security and a fee of rupees hundred shall be payable for issue of a duplicate Government security:Provided that no fee shall be payable--(a)in respect of the conversion of a Government promissory note into stock certificate or credit thereof to subsidiary general ledger account including a constituent's subsidiary general ledger account or conversion credit of stock certificates to subsidiary general ledger account including a constituents' subsidiary general ledger account; or(b)in respect of consolidation of Government securities; or(c)in respect of the renewals due to filling up of interest cages at the back of Government promissory note(s) or filling up of transfer endorsement cages at the back of stock certificate(s).1. Name of Member(s) or Account Holder(s)-
2. Subsidiary General Ledger or Constituents' Subsidiary General Ledger account number-
3. Account Type-
4. Current Account Number or Settlement Account Number or Designated Bank Settlement Account Number of the member or account holder-
5. Details of the transactions including therein-
6. Nomenclature of the security including therein-
7. Total free balance-
8. Anticipation balance-
9. Details of securities under pledge or hypothecation or lien-
10. Permanent Account Number (PAN)-
FORM II[See regulation 3(3)]Bond Ledger Account Details1. Name of investor-
2. Bond ledger account number-
3. Nomenclature of the scheme(s)-
4. International Security Identification Number (ISIN)-
5. Details of the investment including therein-
6. Details of transfer-
7. Details of repayment-
8. Details of nomination-
9. Details of investor's bank account-
10. Details of payment options (ECS/EFT/NEFT/RTGS/Payment Order/Interest Warrant)-
11. Details of investment under pledge or hypothecation or lien-
12. Permanent Account Number (PAN) of the investor-
FORM III(See regulations 4(1)(c) and 21)Transfer Of Stock CertificatesI/We* ................................... (transferor/s) do hereby assign and transfer my/our* interest or share in the inscribed stock certificate number................ of................per cent Government Loan of ................. amounting to Rs................being the amount/a portion of the stock for Rs...............as specified on the face of this instrument together with the accrued interest thereon to ....................... (transferee/s), his/her/their* executors, administrators or assigns, and I/ We* ....................... do freely accept the stock certificate number.......................to the extent it has been transferred to me/us*.I/We* ....................... (transferee/s) hereby request that on my/our* being registered as the holders of the stock transferred to me/us*, the above stock certificate to the extent it has been transferred to me/us* may be renewed in my/our* name(s)/converted in my/our* name(s).@I/We* ....................... (transferor/s) hereby request that on the above transferee(s) being registered as the holder/s of the stock hereby transferred to him/them*, the aforesaid stock certificate to the extent it has not been transferred to him/them* may be renewed in my/our* name(s).As witness, our hand the ................ day of............ two thousand and ...................| Signed by the above-named transferor in the presence of** ............................................................................................. | Signature of transferor.......................................................Address:........................................................................... |
| Signed by the above-named transferee in the presence** .................................................................................. | Signature oftransferee...................................................... |
| Seller's Reference Number | Buyer's Reference Number | ||
| (A) Securities Transfer | |||
| 1. Name(s) of the transferor (seller)- SGL or CSGL A/c. (to debit) | |||
| 2 Name(s) of the transferee (buyer) -SGL or CSGL A/c. (to credit) | |||
| 3. If sale is on behalf of the constituent, name of theconstituent....................................... | |||
| 4. If purchase is on behalf of the constituents, name of theconstituent.............................. | |||
| 5. Particulars of Government securities |
| Sl. No. | Nomenclature of the Security | ISIN | Face Value (in Rs.) | SalePrice of the security (in per cent) | Total Cost of Security (Rs.) (SalePrice/100 x Face Value) | Accrued interest (Rs) |
| (B) Transaction Details-Applicable for both outright and first leg of Repo Transactions : | ||||
| 1. Type of transaction-Outright/Repo | Is it RBI or inter-bank Repo | |||
| 3. Date of Contract | 4. Date of Settlement | |||
| 5. Income Tax, if any, (Rs.) | 6. Other payments, if any (Rs.) | |||
| 7. Consideration amount (in words) Rupees: .................................................................................... | ||||
| Broker Amount : | Brokerage Code: | |||
| 8. For Buyer Rs: | ||||
| Broker Amount : | Brokerage Code: | |||
| 8. For Seller Rs: | ||||
| (C) Details in respect of Repo transactions: | ||||
| 1. Date of Repurchase: | 2. Repurchase agreement rate | |||
| (2ndLeg)....................................(in per cent) | ||||
| 3. Consideration amount for Repurchase leg (in words) Rupees..................... Rs. | ||||
| We hereby authorise RBI to debit /Credit our above referred SGL or CSGL Accounts and credit/debit our current accounts/settlement accounts designated for the purpose with the amount of consideration as stated under item B(7) and or C(3), as the case may be, per cent as specified. | ||||
| Signed on the.................................... day of the month of.............................................. of the year..................... | ||||
| Signature(s) of transferor: .............................. | Signature(s) of transferee:.................................. | |||
| PAN No.: ............................................. | PAN No.: ............................................. | |||
1. The form should be submitted to RBI within one working day after the date of signing the transfer form and on or before the settlement date, failing which, it is liable to be rejected.
2. All the instructions in the form should be complied with, failing which the form is liable to be rejected.
3. The Current Account designated or linked to the SGL or CSGL Account as per the mandate will be operated.
4. In case of Repo transactions, this form will be considered for effecting the repurchase leg of the transaction as per the details given under item (C) above.
5. The transactions conducted on behalf of the constituents should be given effect to in the constituents' account maintained with the principal (SGL account holder) immediately.
FORM V(See regulations 4(1)(e) and 21)Transfer Of Securities Held In The Reserve Bank Of India (Rbi) In The Bond Ledger Account Relating To Government SecuritiesI/We* ....................................(transferor/s) do hereby assign and transfer my/our* interest or share in the Bond Ledger Account of the................. Bonds amounting to Rs......being the amount/portion of the bonds for Rs......held in the Bond Ledger Account No. ......... together with the accrued interest thereon due for repayment on ...... to ........ (transferee/s), his/her/their* executors, administrators of assigns, and I/We * ..............(transferee/s) do freely accept the Bonds in the above Bond Ledger Account No....... amounting to Rs. ......I/We* ..........................(transferee/s) request that I/We* may be registered as the holder/s of the Bond hereby transferred to me/us* and a Bond Ledger Account may be opened in my/our* name* credited to my/our Bond Ledger Account No.* .........................@I/We* .................................(transferor/s) hereby request that on the above transferee(s) being registered as the holder/s of the Bond hereby transferred to him/them* the aforesaid Bond, to the extent it has not been transferred to him/them*, may continue in my/our* Bond Ledger Account No ........................As witness, our hand the ................. day of .................. two thousand and .........| Signed by the above-named transferor in the presence of**............................................................................................. | Signature of transferor....................................................... Address:........................................................................... |
| Signed by the above-named transferee in the presence of**.................................................................................. | Signature oftransferee......................................................Address:........................................................................... |
| Date of issue | Amount Rs. | Daterepayment | Full name with expanded initials and address of nominee | Date of birth in case of minor | Relationship to holder/s | Particulars of bank account |
1.
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.........................................................ACKNOWLEDGMENTWe acknowledge having registered the nomination in favour of ........................(Name of nominees) for the Stock Certificate/BLA No................for the loan.......................and the nomination registration no. is .........................Please quote the above nomination registration no. in all communication pertaining to change or cancellation of nomination.Date:......................................Authorised Official........................FORM VII(See regulation 7)Cancellation Of NominationI/We .............................(name and address) do hereby cancel the nomination dated.....................made by me/us in respect of the following Stock certificate/Bond Ledger Account No. and registered by the Public Debt Office branch of the Agency bank on ....................... (date) vide Registration No...................Particulars of the Stock Certificate/Bonds| Date of Issue | Nomenclature of the loan | Stock Certificate/BLA No. | Amount(Rs.) |