Bare ActsThe Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996

Section 44

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

(1) Where a Special Officer is appointed under section 42 and such Special poaesslon of Officer is resisted in, or prevented from, obtaining possession of the books, accounts, records and documents, sectrities, cash and other properties, whether movable or immovable properties Of of the market committee (hereafter in this section referred to as the records committee' and properties of the market committee), by any person who is not entitled to be in possession of the records and properties of the market committee, any Metropolitan Magistrate or any Judicial Magistrate of the first class in whose jurisdiction the office of the market committee or the records and properties of that market committee \ ) is situate or arc kcpl sl~:ill, on uppliution by the Spcciui 0ilicci.r and on thc productioll of thc order of appoinlnient, and of a certificate by the local authority, in the pres- cribed form setting forth that the records and ~roperties mentioned therein belodg to the market committee, direct delivery to thc Special Officer of the possession of the records and properties of the market committee. (2) Every applicationunder subsection (I) shall be accompanied by copies of the orders made under sub-sections (1) a1 d (4) of section 42. (3) On receipt ot an application u:lder sub-section (I), the Metropolitan Magibuatr: or the Judicial Magistrate of the firs: class. as the case may be, shall by a wanant autho~jse any p~lice officer not below the rank of a Sub-Inspector of Police TAMlL NADU GOVERNMENT GA.ZETTE ~ ~ K A O R D I N A R Y 1 15 -- - - . - - -- - - - - ___ _-- .-------- , a - - I toenter and search any place where tilerecords and propertissof thz market committee are kept or bdieved to be kept and to seize such records and properties 'I'he re33rds an3 prop-rties so s-ized shall be handed over to the Sptcial O.fl~cr. (4) All s-~rcht; and sei~ures z , J a uadx rills section shall be carr~ed out of in accordance with the provisions of the Code of Criminal Proczdure, 1973 relaring to search or seizure made under the authority of a warrant issued by a Magistra'e. CHAPTER VII. APPEAL AND REVISION. a ' 45. (1) Save as otherwise prov~ial in this Act, ail appeal from every Apml original order pasred under this Act or. the rules or by laws made thereunder ' shall lk- (i) if the order is made by ;he 'Chief Administrative OBlcer or any pther &ar of the market committ~c, to the market cornmitt(c; . , . . * a (ii) if Bhe order is made by the market committee, I to the 1 . ~ 1 ; . - '* - authetity; aad . I ' ' - - 1 , I I (iii) if the order is made. b) the local authority, to the Government. ' ' . z ,?,.,>O , , , , (2J In the case of* an or& passod i~ appeal by the market owamittee mr the . L I,.>,! 3 * tcscal authority, a second appeal shall lie to the Govcmmnt. : !. . r ? . . , . ' - ' .,, I $ '- . @) No "oppoJ or ~ o ~ a d a$&l ihill'bi ehtertainedmlcs it is T*d wid&* sud - period as -&y prescribq* ., - - i a , + . . !-.. . . . I ''L . 2.>+ *,..> . . . . (4) No order preju&al to any person shall be paolcd in ady appal or SG'Q~II~ i unlno the pemn-mocerned & @yea, an opport,u~ty of being hard. i

Section 44 – The Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996 | DailyLaw.ai