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State of Gujarat - Section

Section 7 in Gujarat Agricultural Produce Markets (Amendment) Act, 2007

7. Insertion of new section 51A in Guj. XX of 1964.- In the principal Act, after section 51, the following section shall be inserted, namely,:-

"51A. Power to stop vehicles and inspect store.- (1) At any time when so required,-(i)by any officer or employee of the State Government authorized by the Director in this behalf in any market area, or(ii)by any officer or employee of the market committee authorized by the market committee in this behalf in the market area concerned,the driver or any other person in charge of the vehicle, vessel or other means of conveyance shall stop such vehicle, vessel or other means of conveyance, as the case may be, and keep it stationary, as long as may reasonably be necessary, and allow such person to examine the contents in the vehicle, vessel or other means of conveyance and inspect all records relating to agricultural produce carried, and give his name, address and name and address of the owner of the vehicle, vessel or other means of conveyance and name and address of the owner of the agricultural produce carried in such vehicle, vessel or other means of conveyance.
(2)Persons empowered under sub-section (1) shall have power to seize any agricultural produce brought into or taken out or proposed to be taken out of the market area in any vehicle, vessel or other means of conveyance, if such person has reason to believe that any fee or other amount due under this Act or the value payable to the seller in respect of such produce has not been paid.
(3)If any person authorized under sub-section (1) has reason to believe that any person is attempting to evade the payment of any market fee due from him under this Act or that any person has purchased or stored any 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 enter or search any place of business, warehouse, office, establishment or godown where the person empowered under sub-section (1) has reason to believe that such person keeps or has for the time being kept stock of agricultural produce and may seize the stored agricultural produce and such seized agricultural produce may be confiscated in favour of the market committee in such manner as may be prescribed:Provided that no agricultural produce shall be confiscated without giving a reasonable opportunity of being heard to the person concerned.
(4)The provisions of the Code of Criminal Procedure, 1973 shall apply to entry, search and seizure under sub-sections (1), (2) and (3) as they apply in relation to the entry, search and seizure of property by the police officer.".