Bare ActsKerala Money Lenders Act, 1958

Section 10A

Power to order production of accounts and powers of entry and inspection

Amendment status not verified — confirm the current text below against the official source.

(1) Any Inspector, Licensing Authority or Appellate Authority may, for the purpose of this Act, by notice, require any money-lender,-- (a) to produce or cause to be produced before him any accounts, registers, records or other documents; or (b) to furnish or cause to be furnished any other information relating to his business and such money-lender shall comply with such requisition. (2) Any Inspector or Licensing Authority may, at any reasonable time with or without the assistance of Police officers or other officers. (a) enter any place of business or office of the money-lender; and (b) inspect any cash, accounts, registers, records, safes, vaults, pledges or other documents in such premises. (3) If any officer referred to in this section has reason to believe that the money-lender has violated any of the provisions of this Act or the rules made thereunder, he may, for reasons to be recorded in writing, enter and search the place of business of the money-lender or any other place which includes any godown, buildings, vessel, vehicle, box or receptacle where the money-lender keeps or is reasonably believed to be keeping any accounts, registers, other records, documents or pledges relating to his business: Provided that no residential building or premises shall be entered or searched unless such officer is specifically authorised in writing by the member, Board of Revenue in charge of taxes to search that residential building or premises. (4) All searches under this section shall, so far as may be, made in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (5) The officer making the inspection or search may seize such accounts, registers, records, or other documents as he considers necessary and on such seizure shall, grant the money-lender a receipt of the things seized. (6) The accounts, registers, records or other documents seized under sub-section (5) shall not be retained by the officer seizing them beyond a period of thirty days from the date of the seizure, except with the permission of the next higher authority, unless they are required for any prosecution under this Act. (7) The power conferred by sub-sections (3) and (5) shall include,-- (a) the power to break-open any box or receptacle, safes, vaults or the door of any premises in which any accounts, registers, records or pledges of the money-lender are kept or reasonably suspected to be kept; Provided that the power to break open the door shall be exercised only after the owner or any other person in occupation of the premises fails or refuses to open the same on being called upon to do so; (b) the power to seal any box, receptacle, room or building where any accounts, registers or other documents are kept or reasonably believed to be kept, and if the owner or any other person in occupation leaves the premises or refuses to open the box, receptacle room or building or is not available, then to break open such box, receptacle, room or building on authorization in writing by the officer referred to in sub-section (3) of this section; (c) the power to search any person who has got out of or is about to get into or is in any place referred to in clause (a) or clause (b) of sub-section (2) of this section if the officer has reason to suspect that such person has secreted about his person any accounts, registers, records or other documents.

Section 10A – Kerala Money Lenders Act, 1958 | DailyLaw.ai