Section 17C in Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966
17C. Power to order production of accounts and power of entry, inspection and seizure.
(1)The assessing authority or any officer of the department of Marketing not below the rank of an Assistant Director of Marketing authorised by the Director of Marketing in this behalf may, for the purposes of this Act, require any trader to produce before it or him the accounts, registers and other documents and to furnish any other information relating to his business or the levy of fees.(2)All accounts, registers and other documents maintained by a trader in the course of his business the notified agricultural produce, livestock or products of livestock in his possession, and his offices, shops or establishments, godowns, vessels or vehicles shall be open to inspection by such authority or officers at any time during the business hours specified under the relevant law for the time being inforce or where no such hours are specified, at all reasonable times.(3)If any such authority or Officer has reasons to suspect that trader is attempting to evade the payment of any fees or other amount due from him under this Act, or that any offence has been or is being or about to be committed by contravening any of the provisions of this Act, or the rules made there under or the bye-laws made by a Market Committee, such authority or Officer may, for reasons to be recorded in writing, sieze any of the accounts, registers or other documents of such trader and shall give the trader a receipt for the same. The accounts, registers and documents to seized shall be retained by such authority or officer only for so long as may be necessary for their examination and for any inquiry or proceedings under this Act.(4)For the purposes of sub-section (2), or sub-section (3) the assessing authority or the other officers so authorised shall have power to enter and search at any time during the business hours specified under the relevant law for the time(5)All searches under this section shall, so far as may be, be made in accordance with the provisions of the code of Criminal Procedure, 1973.(6)When so required by the assessing authority or the officer so authorised, the driver or any other person-in-charge of the vehicle, vessel or other conveyance, which is taken or proposed to be taken out of the notified market area, shall stop the vehicle, vessel or other conveyance as the case may be, and kept it stationary as long as may reasonably be necessary, and allow the said authority or officer to examine the contents in the vehicle, vessel or other conveyance and inspect all records relating to the notified agricultural produce, livestock or products of livestock which are in the possession of such driver, or other person-in-charge for the purpose of ascertaining whether there has been any sale or purchase of the notified agricultural produce, livestock or products of livestock carries whether the notified Agricultural Produce, livestock or products of livestock so carried is liable to fees under this Act and whether such fees has been paid or properly accounted for.(7)The assessing authority or the officer so authorised shall have power to seize any notified agricultural produce, livestock or products of livestock taken or proposed to be taken out of the notified market area either by human labour or in any vehicle, vessel or other conveyance, if such officer has reason to believe that any fees or other amount-due under this Act, in respect of such produce has not been paid. Such seizure shall forthwith be reported by the authority or officer aforesaid to a Magistrate having jurisdiction to try the offences under this Act and the provisions of sections 457, 458 and 459 of the Code of criminal procedure 1973 shall, so far as may be, apply in relation to such notified agricultural produce, livestock or products of livestock so seized as they apply in elation to any property seized by a police officer.(8)Any person aggrieved by such seizure may appeal to the Director of Marketing, who shall after giving the said officer and the owner of the seized property, an opportunity of being heard give his decision thereon; and every decision of the Director of Marketing shall be complied with).
