Delivery of possession of records and properties of the market committee

(1) Where a Special Officer is appointed under section 42 and such Special Officer is resisted in, or prevented from, obtaining possession of the books, accounts, records, documents, securities, cash and other properties, whether movable or immovable of the market committee (hereafter in this section referred to as the records and properties of the market committee), by any person who is not entitled to be in possession of the records and properties of the market committee, any Metropolitan Magistrate or any Judicial Magistrate of the first class in whose jurisdiction the office of the market committee or the records and properties of that market committee is situate or are kept shall, on application by the Special Officer and on the production of the order of appointment, and of a certificate by the local authority, in the prescribed form setting forth that the records and properties mentioned therein belong to the market committee, direct delivery to the Special Officer of the possession of the records and properties of the market committee. (2) Every application under subsection (1) shall be accompanied by copies of the orders made under sub-sections (1) and (4) of section 42. (3) On receipt of an application under sub-section (1), the Metropolitan Magistrate or the Judicial Magistrate of the first class, as the case may be, shall by a warrant authorise any police officer not below the rank of a Sub-Inspector of Police to enter and search any place where the records and properties of the market committee are kept or believed to be kept and to seize such records and properties. The records and properties so seized shall be handed over to the Special Officer. (4) All searches and seizures made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 relating to search or seizure made under the authority of a warrant issued by a Magistrate.