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Handlooms (Reservation of Articles for production) Act, 1985

8. Power to search and seize.

1.      If the authorised officer has any reason to believe that,-

a.      any article or class of articles specified in any order made under section 3 is being produced in any place in contravention of such order; or

b.     any article or class of articles produced in contravention of such order are secreted in any place; or

c.      any article or class of articles is liable to forfeiture under this Act, he may enter into and search such place or premises for such article, or class of articles or any power loom which in the opinion of the authorised officer may have been used for the production of such articles or class of articles.

2.      Where, as a result of any search made under sub-section (1), any article or class of articles or any powerloom has been found that the authorised officer has reason to believe that such article or class of articles has been produced, or such power loom has been used for the production of any article or class of articles, in contravention of any order made under section 3, he may seize such article, class of articles or power loom, together with the package, covering or receptacle, if any, in which such article or class of articles is found :

Provided that where it is not practicable to seize any article or powerloom, the authorised officer may serve on the owner of the article or the powerloom, as the case may be, an order that he shall not remove, part with, or otherwise deal with the article or powerloom except with the previous permission of such authorised officer .



3.      Where any article or powerloom is seized under sub-section (2) and no prosecution has been launched within six months of such seizure, it shall be returned to the person from whose possession it was seized.

4.      The authorised officer may also seize any documents or things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act.

5.      The person from whose custody any documents are seized under sub-section (4) shall be entitled to make copies thereof or take extracts therefrom in the presence of the authorised officer.

6.      If any person legally entitled to the documents or things seized under sub-section (4) objects, for any reason, to the retention by the authorised officer of the documents or things, he may make an application to the Central Government stating therein the reasons for such objection and requesting for the return of the documents or things.

7.      On receipt. of an application under sub-section (6), the Central Government may, after giving the applicant an opportunity of being heard, pass such order as it may think fit.

Handlooms (Reservation of Articles for Production) Act, 1985 Back

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