Section 4 in Handlooms (Reservation of Articles For Production) Rules, 1986
4. Procedure to be followed by Authorised Officer.
(1)Where an authorised officer seizes any article or class of articles under sub-section (2) of section 8 of the Act, he shall take a sample of the seized cloth and divide it into three parts measuring not less than half metre each which shall be sealed carefully in separate containers and the signature or thumb impression of the persons from whom the sample has been taken, shall be fixed on each container along with the mark and seal of the authorised officer.(2)The authorised officer shall hand over one part of the sample so taken to the person concerned and secure from him proper acknowledgement for the same by way of signature or thumb impression:Provided that where such person refuses to sign or put his thumb impression, the authorised officer may prepare a seizure memorandum and record therein that the person concerned has refused to sign or put his thumb impression:Provided further that the seizure memorandum shall be sent to the person concerned through registered post at his known address and such despatch through registered post shall be taken as a proof of the person concerned having received the seizure memorandum within a period of seven days of the said despatch.(3)(a)The authorised officer shall send the second part of the sample to a testing laboratory set up by the Central Government or the, State Government or to institutions recognised by the Central Government or State Government as may be duly notified, from time to time, by the Central Government or, as the case may be, by the State Government for a particular area at zone in this behalf:Provided that where such laboratory or institutions have not been so notified, the sample may be sent for being tested to a public analyst authorised in this behalf for a particular area or zone by the Central Government or, as the case may be, by the State Government.(b)The testing laboratory or institution or public analyst aforesaid shall perform the necessary tests either by chemical analysis or by any other method, as deemed fit, to determine whether the sample sent by the authorised officer was made on handlooms or powerlooms and report the findings to the authorised officer [within a period of two months.] [Added by Notification No. G.S.R. 340(E), dated 18.4.2000 (w.e.f. 10.3.1986)](4)Subject to the provisions of sub-section (3) of section 8 of the Act, the authorised officer shall retain the third part of the sample and keep it in safe custody for such period as he may deem necessary.(5)The authorised officer shall seize the powerloom used for production of articles in violation of orders issued under section 3 of the Act in the presence of the owner or, as the case may be, the operator of the powerloom and the fact of seizing the power loom along with the acknowledgement of the owner or of the operator by way of his signature or thumb impression shall be intimated to the producer in writing and a copy thereof shall be affixed at some conspicuous place in the premises where the powerloom is installed:Provided that where it is not practicable to seize the said power loom, the authorised officer may follow the procedure specified in the proviso to sub-section (2) of section 8 of the Act.(6)Subject to the provisions of sub-section (3) of section 8, the authorised officer shall keep the seized goods in safe custody for such period as he may deem necessary.(7)[ (a) The authorized officer, after search and seizure, shall as soon as possible report the matter to the officer incharge of the local police station having jurisdiction to investigate the case.(b)The authorized officer shall also report the matter to the Central Government or the State Government as the case may be explaining the action taken by him.](8)Where the authorised officer apprehends any resistance or trouble from any person, he may take assistance from the local police station for carrying out his duties to search and seizure.(9)The provisions of this rule shall be in addition to and not in derogation of the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures.
