Power to order production of accounts and power of entry, inspection and seizure

(1) Any officer or servant of the

2[State Government empowered by it] in this behalf, may, for purposes of this Act, require any person carrying on business in any kind of notified agricultural produce to produce before him the accounts and other documents and to furnish any information relating to the stocks of such agricultural produce, or purchases, sales and deliveries of such agricultural produce by such person and also any other information relating to payment of the market fees by such person.

1. (2) All accounts and registers maintained by any person in the ordinary course of business in any notified agricultural produce and documents relating to the stock of such agricultural produce or purchases, sales and deliveries of such agricultural produce in his possession and the offices, establishments, godowns, vessels or vehicles of such person shall be open to inspection at all reasonable times by such officers and servants 3[x x x] as may be authorised by the state Government in this behalf.
2. (3) If any such officer or servant has reason to suspect that any person is attempting to evade the payment of any market fee due from him under section 65, or that any person has purchased any notified agricultural produce in contravention of any of the provisions of this Act or the rules, or the bye-laws in force in the market area, he may for reasons to be recorded in writing, seize such accounts, registers or documents of such person as may be necessary, and shall grant a receipt for the same and shall retain the same only so long as

may be necessary for examination thereof or for a prosecution.

1. (4) For purposes of sub-section (2) or sub-section (3), such officer or servant may enter or search any place of business, warehouse, office, establishment, godown, vessel or vehicle where such officer or servant has reason to believe that such person keeps or for the time being keeps any accounts, registers or documents of his business, or stocks of notified agricultural produce relating to his business.
2. (5) The provisions of 1[section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] shall, so far as may be , apply to a search under sub-section (4).
3. (6) Where any books of account or other documents are seized from any place and there are entries therein making reference to quantity, quotations, rates, receipt or payment of money or sale or purchase of goods, such books of account or other documents shall be admitted in evidence without witness having to appear to prove the same, and such entries

shall be prima facie evidence of the matters, transactions and accounts purported to be

therein recorded.

4[(7) If such officer or servant has reason to suspect that any person is attempting to evade payment of any market fee due from him under section 65, he may, while seizing accounts, registers or documents under sub-section (3) also seize so much of the notified agricultural produce as in his opinion would be sufficient to meet the amount of fee which

may be found due from such person and also the penalty leviable under section 65A, and

retain the same with him until the fee and the penalty are paid or for ten days, whichever is earlier. After the expiry of the period of ten days if the fee or other amount due is not paid,

the officer or servant shall dispose of the notified agricultural produce in public auction and

adjust the sale proceeds towards the fee or other amount due. If the sale proceeds are more than the fee or other amount due, the excess amount shall after deducting the charges

incurred by the market committee, be refunded in the prescribed manner:

¹ Substituted by Act 17 of 1980 w.e.f. 30.6.1979.

² Substituted by Act 35 of 1986 w.e.f.17.6.1986.

³ Omitted by Act 35 of 1986 w.e.f.17.6.1986.

Provided that in the case of perishable notified agricultural produce the officer or servant may dispose of the same before the expiry of the period of ten days if in his opinion such disposal is necessary.]

⁴ Inserted by Act 35 of 1986 w.e.f.17.6.1986.