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State of Punjab - Section

Section 35A in The Punjab Agricultural Produce Markets (General) Rules, 1962

35A. [ Power to order production of accounts, powers of entry inspection, seizure and stopping of vehicles.] [Inserted vide Punjab Notification No. 1863-RD-4-7/49925 dated 3rd June, 1974 published in Goverment Gazette, Extra, dated 4th June, 1974.]

(1)Any officer of the Board not below the rank of [Secretary of the Committee] [See Punjab Government Gazette Legislative Supplement Part III dated 4th February, 1989 Page 39.] or any other Officer empowered by the State Government in this behalf, may require any dealer to produce before him, the books and other documents maintained by him and to furnish any information relating to the purchase, sale, storage or processing of agricultural produce and also such other information relating to the payment of the market fee by him as may be requiredto be necessary.
(2)All accounts and registers maintained by any dealer and documents relating to the purchase, sale, storage or processing of agricultural produce, in his possession, and his office, establishment, godown or vehicle shall be open to inspection at all reasonable times by any of the Officer specified in sub-rule (1).
(3)If such an Officer has reasons to believe that any person is attempting to evade the payment of market fee due from him under section 23 or that any person has purchased agricultural produce in contravention of any of the provisions of the Act or the rules or bye-laws in force in any market area, he may, for reasons to be recorded in writing, seize such accounts, registers or documents of such person, as may be necessary, and shall grant a receipt for the same and shall retain the same only so long as they may be necessary for examination thereof or for the prosecution of the person concerned.
(4)For the purpose of sub-rule (2) and (3) such Officer may enter and search any place of business, warehouse, office, established, godown or vehicle where he has reason to believe that the dealer keeps or is for the time being keeping any accounts, register, documents relating to his business or stock of agricultural produce.
(5)The provisions of sections 100 and 102 of the Code of Criminal Produce (1973) shall, so far as may be, apply to search and seizure under sub-rules (3) and (4).
(6)At any time, when so required by the Government or by any officer of the Board not below the rank of [Secretary of the Committee] [See Legislative Supplement Part III dated 24th February, 1989 Page 39.] or any officer authorised by the Government in this behalf, the driver or any other person incharge of any vehicle or other conveyance which is taken or proposed to be taken out of the market area shall stop the vehicle or other conveyance, as the case may be, keep it stationary as long as may reasonably be necessary and allow such officer to examine the agricultural produce carried in the vehicle or other conveyance, and to inspect all records relating to such agricultural produce, and furnish his name and address and the name and address of the owner of the vehicle or other conveyance and owner of the agricultural produce carried in such vehicle or other conveyance.