(1)The State Government or any authority or officer empowered by them may, by notification, appoint one or more persons to be Inspectors for the purposes of this Act and specify in such notification the local limits of their jurisdiction.(2)Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act LXV of 1860).(3)(a)[A Judicial Magistrate of the first class or a Metropolitan Magistrate] [Substituted by section 7(1) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1993 (Tamil Nadu Act 1 of 1994).] may, on receiving a report from an Inspector or from any officer not below the rank of Sub-Inspector that -(i)any person carries on business as a pawnbroker without a licence at any place within the jurisdiction of such Magistrate, or(ii)any pawnbroker carries on business in contravention of the provisions of this Act or the rules made thereunder or the conditions of the licence granted under this Act, at any place within the jurisdiction of such Magistrate,issue a warrant empowering the Inspector, or as the case may be, such police officer to enter such place with such assistants as he considers necessary and inspect the books, accounts, records, files, documents, safes, vaults and pledges in such premises. On receiving such warrant, the Inspector or the police officer may enter the place and inspect the books, accounts, records, files, documents, safes, vaults, and pledges in such premises and may take to his office for further investigation such books, accounts, records, files and documents as he considers necessary:[Provided that if the Inspector has reason to believe that the delay occasioned by obtaining a search warrant will prevent the execution thereof, he may, after recording his reasons in writing, and without a warrant, enter the place and inspect the books, accounts, records, files, documents, safes, vaults and pledges in such premises, and may take to his office for further investigation such books, accounts, records, files and documents as he considers necessary:] [Inserted by section 7(2) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1993 (Tamil Nadu Act 1 of 1994).][Provided further that if the Inspector or the police officer removes from the premises any books, accounts, records, files and documents, he shall give to the person in charge of the place, a receipt describing the books, accounts, records, files and documents so removed by him:] [Inserted by section 7(2) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1993 (Tamil Nadu Act 1 of 1994).][Provided also that within twenty-four hours of the removal of the books, accounts, records, files and documents from the premises, the Inspector or the police officer shall either return them to the person from whose custody they were removed or produce them in the court of the Magistrate who issued the warrant [or, as the case may be, in the case referred to in the first proviso, in the court of the Magistrate who has jurisdiction] [These words were substituted by section 7(3)(a), of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).]. Such Magistrate may return the books, accounts, records, files and documents or any of them to the person from whose custody they were removed by the Inspector or the police officer, after taking from such person such security as the Magistrate considers necessary for the production of the books, accounts, records, files and documents when required whether by the Inspector, the police officer or the Court or may pass such other orders as to their disposal as appear just and convenient to the Magistrate.](b)An Inspector shall have authority to require any person whose testimony he may require regarding any loan or pledge or any other transaction of a pawnbroker to attend before him or to produce or cause to be produced any document and to examine such person on oath.(4)An Inspector may apply for assistance to an officer-in-charge of a police station and take police officers to accompany and assist the Inspector in performing his duties under this Act.]
