Bare ActsThe SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005

Section 55

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

(1) (i) If any person required to produce accounts or furnish information under sub- section (1) of Section 53 fails to produce such accounts or to furnish information or knowingly furnishes incomplete or incorrect accounts or information or has not maintained proper accounts of the business of the notified agricultural produce,the Chief Executive Officer, on his own motion, shall assess such person for fees levied under Section 42 on the basis of information available with the Market Committee. At any time when so required :- by any officer or servant of the Board or any officer or servant of the Government, empowered by the Board or the Collector in this behalf in any market area, or (ii) by any officer or servant of the Market Committee empowered by the Market Committee in this behalf in the market area concerned, the driver or any other person in charge of the vehicle, vessel or other conveyance shall stop the vehicle, as the case may be, and keep it stationary, as long as may reasonably be necessary, and allow such person to examine the contents in the vehicle, vessel or other conveyance and insoect all records rGlatingto notified agricultural produce carried and give his name, address and name and address of the owner of the vehicle, vessel or other conveyance and name and address of the owner of the notified agricultural produce carried in such vehicle, vessel or other conveyance. (2) Persons empowered under sub-section (1) shall have power to seize any notified agricultural produce brought into or taken out or proposed to be taken out of the market area in any vehicle. Vessel or other conveyance, if such person has reason to believe that any fee or other amount due under this Act or the value payable to the seller in respect of such produce has not been paid. (3) If any person empowered under sub-section (1) has reason.to suspect that any person is attempting to evade the payment of any market fee due from him under Section 42 or that any person has purchased or stored any notified agricultural produce in contravention of any of the provisions of this Act or the Rules or the Bye-laws in force in the market area, he may enter or search any place of business, warehouse, office J establishment or go down where the .person empowered under SUb-section (1) has reason to believe that such person keeps or has for the time being kept stock of notified agricultural produce and Power to grant exemption from Market fee Preparation and sanction of Budget may seize the stored agricultural produce and such seized notified agricultural produce may be confiscated in favor of the Market Committee as prescribed for this purpose. Provided that the reasonable opportunity of hearing shall be given to the person concerned before confiscation of the agricultural produce. (4) The provisions of Section 100 , 457 , 458 and 459 of the Code of Criminal Procedure; 1973 (No.2 of 1974) shall, apply to entry, search and seizure under sub- section (1) , (2) and (3) as they apply in relation to the entry I search and seizure of property by the police officer. Such seizure shall forthwith be reported by the person aforesaid to a Magistrate having jurisdiction to try the offence under this Act.

Section 55 – The SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005 | DailyLaw.ai