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Union of India - Section

Section 9 in The Aluminium (Control) Order, 1970

9. [ Powers of examination, entry, search and seizures] [Substituted by S.O. 355(E), dated 15th July, 1975.]. - (1) The Controller, or such Gazetted Officer of the Central Government or of the State Government, as may be authorised by the Central Government in this behalf may, -

(a)examine -(i)any books, accounts or records relating to the production or [manufacture or import] [Substituted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October 1979).][or utilization] [ Added by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).] of aluminium and belonging to or under the control of a producer, manufacturer or importing agent [or any person acquiring aluminium for manufacture] [Inserted by S.O. 229 (E), dated 27th March, 1981 (w.e.f. 27th March, 1981).],(ii)any books, accounts or records relating to the purchase, sale or other transaction [or utilization] [Added by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).] in aluminium and belonging to or under the control of a dealer,(iii)any stocks of aluminium belonging to or under the control of any producer, manufacturer or dealer [or importing agent] [Inserted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).] [or any person acquiring aluminium for manufacture] [Added by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).](b)enter or search -(i)any premises where aluminium is produced, manufactured or sold [or stored] [Inserted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).] [or used for manufacture] [Added by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).] or where the Controller or the Officer authorised has reason to believe that a contravention of this Order in respect of the aluminium has been, is being, or is about to be committed.(i)any aluminium in respect of which he has reason to believe that a contravention of this order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such aluminium are found;(ii)any vehicle or other conveyance used in carrying such aluminium if he has reason to believe that such vehicle or other conveyance is liable to be forfeited under the provisions of Essential Commodities Act, 1955 (10 of 1955);(iii)any books of accounts and documents which in his opinion would be useful for, or relevant to, any proceedings under the said Act : Provided that such books shall be returned as soon as may be after such seizures, and in any case not later than thirty days from the date of the seizure after copies thereof or extracts therefrom, as certified by the Controller or other Officer, who seized the same, have been taken.(ii)any vehicle or other conveyance which is being or is about to be used or which the Controller or the Officer authorised has reason to believe, is being or is about to be used, for carrying aluminium; and the Controller or the Officer authorised to make the examination, entry or search may seize
(2)The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall, as far as may be, apply to searches and seizures under this clause.