Section 27B in The Rajasthan Agricultural Produce Markets Act, 1961
27B. Power of entry and search.
(1)The Secretary of the market committee or any officer authorised by the Government in this behalf may -(a)for carrying out any of the duties imposed on the market committee under this Act, inspect at all reasonable times, all accounts, registers and other documents pertaining to the purchase and sale of notified agricultural produce and enter any shop, godown, factory or other place where such account books or registers or documents or such goods are being kept and taken and cause to be taken such copies or extracts from the account books, registers and other documents inspected as may be considered necessary';(b)seize any account books, registers and other documents for reasons to be recorded in writing; and an inventory of the account books and registers shall be prepared and a copy thereof shall be furnished to the concerned person before their removal;(c)seize any agricultural produce in respect of which he has reason to believe that an offence under this Act has been or is being or is about to be committed and vehicle or animal which he has reason to believe to be in use or to have been used for carrying such agricultural produce and may detain the same for as long as may be necessary in connection with any proceeding under this Act, or for initiating prosecution under this Act:Provided that a report of the seizure shall forthwith be made by the person seizing the agricultural produce, vehicle or animal to the Magistrate having jurisdiction to try offences under this Act and the provisions of Sections 523, 524 and 525 of the Code of Criminal Procedure, 1898 shall, so far as may be, apply in relation to the notified agricultural produce, vehicle or animal seized as aforesaid as they apply to property seized by a police officer:Provided further that the grounds for seizing any such agricultural produce, vehicle or animal shall be communicated in writing within twenty four hours of the seizure to the person from whose possession the same was seized and to the Magistrate having jurisdiction to try offences under this Act.(2)Any person aggrieved by such action may file an appeal to the Director or any other officer authorised by him who shall proceed to decide the case, after giving the Secretary or the officer so authorised and the owner of the seized property a reasonable opportunity of being heard and the decision of the Director or the authorised officer shall be complied with.(3)The provisions of Sections 102 and 103 of the Code of Criminal Procedure, 1898 relating to search and seizure shall, so far as may be, apply to searches and seizures made under this section.] [Inserted by Section 16 of Rajasthan Act No. 15-A of 1973 - Published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 14.7.1973.][28. Penalty for contravention of certain provisions. - (1) Whoever contravenes the provisions of section 4 shall, on conviction, be punished with simple imprisonment for a term which may extend to three months and with One which may extend to two thousand rupees and in case of a continuing contravention, with a further fine which may extend to five hundred rupees for every day during which the contravention is continued after the first conviction.(2)Any person who intentionally evades the payment of any market fee payable under section 17 shall, on conviction, be punished with simple imprisonment for a term which may extend to three months and with fine which may extend to one thousand rupees. The Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay to the market committee, the amount of market fees due and may, in his discretion, also recover summarily and pay to the market committee such amount, if any, as he may fix as the cost of prosecution.(3)Whoever obstructs the Secretary or the officer authorised for the purpose by the State Government, in entering any shop, godown, factory or any place or taking out the copies of the entries in the accounts, registers or other documents or seizing the documents under section 27-B shall, on conviction, be punished with simple imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both; and in case of subsequent contravention, with simple imprisonment for a period upto three months and with a fine which may extend to one thousand rupees for every such contravention.(4)Whoever contravenes any provision of this Act shall, if no other penalty is provided for the offence in this Act, be punished with fine which may extend to five hundred rupees.] [Substituted by section 17 of Rajasthan Act No. 15-A of 1973 - Published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 14.7.1973.][29. Penalty for contravention of section 22. - Whoever contravenes any of the provisions of section 22 shall, on conviction, be punished with simple imprisonment for a term which may extend to one month and with fine which may extend to one thousand rupees. However, for the first offence, he shall be punished only with a fine up to one thousand rupees. The Magistrate shall in addition to any fine that may be imposed, direct the person convicted to pay to the market committee the unauthorised amount so collected or, deducted.] [Substituted by Section 18 of Rajasthan Act No. 15-A of 1973 - Published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 14.7.1973.]
