Section 12 in The Orissa Agricultural Produce Markets Act, 1956
12. [ Power of search, seizure and inspection etc. [Substituted vide Act No. 27 of 1984, Section 7.]
(1)The Chairman, Secretary or any other officer or servant of the Market Committee duly authorised by it in this behalf may, for the purposes of this Act, 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 purchase, sale and delivery of such agricultural produce by such person and also any other information relating to payment of market lees by such person.(2)All accounts and registers maintained by any person in the ordinary course of business in respect of any notified agricultural produce and documents relating to stock of such agricultural produce or purchase, sale and delivery of such produce in his possession and the office, establishment, godown, vessels or vehicles of such person shall be open to inspection at all reasonable times to the officers or servants referred to in Sub-section (1) duly authorised by the Market Committee in this behalf.(3)If any officer or servant of the Market Committee authorised under Sub-section (2) has reason to suspect that any person is attempting to evade payment of any market fees due from him under Section 11 or that any person has purchased or sold any agricultural produce in contravention of any of the provisions of the Act or the rules, or the bye-laws in force in the market area, he may, after recording reasons therefor in writing, seize any books of account, registers or documents of such person as may be necessary on issue of proper receipt therefor and shall retain the same only so long as they are necessary for examination thereof or for prosecution.(4)For the purposes of Sub-sections (2) and (3) the officers and servants authorised thereunder shall have powers to enter into and 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 stocks of agricultural produce relating to his business.(5)The provisions of Section 100 of the Code of Criminal Procedure, 1973, (2 of 1974) shall, so far as may be, apply to a search under Sub-section (4).(6)Where any books of account 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 goods, such books of account 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 matter, transactions and accounts purported to be therein recorded.(7)At any time where required by the Chairman, Secretary or any other officer or servant duly empowered by the Market Committee in this behalf, the driver or any other person in charge of any vehicle, vessel or other conveyance, which is taken or proposed to be taken out of the market area, shall stop the vehicle, vessel or other conveyance, as the case may be, and keep it stationary so long as may reasonably be necessary, and allow such officer or servant to examine the contents in the vehicle, vessel or other conveyance and inspect all records relating to the notified agricultural produce carried and give name and address of his own and those of the owner of the vehicle, vessel or other conveyance and of the owner of the notified agricultural produce carried in such vehicle, vessel or other conveyance.(8)The officer or servant of the Market Committee empowered under Sub-section (7) shall have power to seize any notified agricultural produce taken or proposed to be taken out of the market area in any vehicle, vessel or other conveyance, it such officer or servant has reason to believe that any fee or other amount due under this Act in respect of such produce has riot been paid and such seizure shall forthwith be reported by the officer or servant aforesaid to a Magistrate having jurisdiction to try the offence under this Act and the provisions of Sections 457, 458 and 459 of the Code of Criminal Procedure, 1973, (2 of 1974) shall, so far as may be, apply in relation to notified agricultural produce seized as aforesaid as they apply in relation to property seized by a Police Officer.(9)The Market Committee may accept from any person who has committed or is reasonably suspected of having committed an offence against this Act or the rules or bye-laws, on admission, by way of composition of an offence-(a)where the offence consists of the failure to pay or the evasion of any fee, or other amount recoverable under this Act of the rules or the bye-laws, in addition to the fee or other amount so recoverable, a sum of money not exceeding five hundred rupees or double the amount of such fee or other amount, whichever is greater; and(b)in other cases, a sum of money not exceeding five hundred rupees.(10)On the composition of any offence under Sub-section (9), no proceedings shall be taken or continued against the person concerned in respect of such offence and if any proceedings in respect of that offence have already been instituted against him In any Court, the composition shall have the effect of his acquittal.]
