Section 31B in Jharkhand Agricultural Produce Markets Act, 2000
31B. Power to order production of accounts and power of entry, inspection and seizure.
- [(1) The Secretary of the Market Committee, and any officer or servant of the Market Committee or Board duly authorised by the Chairman of the Market Committee or the Managing Director of the Board, the Regional Director, the Director Vigilance, may require any person carrying on business in any kind of notified agricultural produce to produce before him the accounts and other documents and to furnish any information relating to the stocks of such agricultural produce or purchases, sales and deliveries of such agricultural produce by such person and also any other information relating to payment of the market fees by such person(2)All accounts and registers maintained by any person in the ordinary course of business in any notified agricultural produce and documents relating to the stock of such agricultural produce or purchase, sales and deliveries of such agricultural produce in his possession and the office establishment, godowns, vessel or vehicle of such person shall be open to inspection at all reasonable time by such officers and servants of the Market Committee as may be authorised by (he Chairman of the Market Committee in this behalf.(3)If any such officer or servant has reason to suspect that any person is attempting to evade the payment of any market fee cue from him under subsection (2) of section 27 or that any person has purchased any notified 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 for reasons to be recorded in writing seize such accounts, registers or documents of such persons as may be necessary and shall grant a receipt for the same and shall retain the same only so long as may be necessary for examination thereof.(4)For purpose of sub-section (2) or sub-section (3) such officer or servant may enter or search any place of business, warehouse, office establishment, godown, vessel or vehicle where such officer or servant has reason to believe that such person keeps or for the time being keeps any accounts, registers or documents of his business, or stock of notified agricultural produce relating to his business(5)Where any book of accounts or other documents are seized from any place and there are entries therein making reference to quantity, quotations, rates, receipt of payment of money or sale or purchase of agricultural produce, such book of accounts or other documents shall be admitted in evidence without witness having to appear to prove the same and such entries shall be prima facie evidence of the matters, transactions and accounts purported to be therein recorded.(6)[ If any person, by himself, or by any person in his employment-(i)voluntarily obstructs, offers any resistance to or impedes, or otherwise interferes with; or(ii)refuses or tails to give or wilfully gives false or misleading information to the officer duly appointed under section 318; who is acting in accordance with his duty thereunder.Such person shall be liable to penalty which may extend to one thousand rupees. The Regional Director on receiving report from the authorised officer of such resistance, obstruction or impediment or interference shall cause a notice to be served on the person complained of and after giving an opportunity of hearing may impose penalty and pass necessary orders An appeal may be filed against the order of the Regional Director within one month before the Director of Marketing. The order passed by the Director of Marketing in this regard shall be final.](7)[ The Secretary of the Market Committee or any officer or servant of the Board or of the Market Committee duly empowered by the Chairman of the Market Committee or the Managing Director of the Board, the Regional Director, the Director Vigilance may detain any person (or vehicle) found carrying or removing any notified agricultural produce for transport of which market fee has not been paid or realised or not shown in the account to have been realised, and may examine the goods and may require production of the documents, authorising removal thereof If the document tallies with the goods the officer or servant of the Board or the Market Committee may endorse thereon the time, date and place of his examination thereof.] [Inserted by Act 60 of 1982.]
