Section 34: Power to enter and search premises

34. Power to enter and search premises.__ (1) Notwithstanding anything contained in any other law for the time being in force, the Commission for reasonable grounds to be recorded in writing shall have the power to authorize any officer to enter and search any premises for the purpose of enforcing any provision of this Act. (2) For the purpose of sub-section (1), the Commission__ (a) shall have full and free access to any premises, place, accounts, documents or computer; (b) may stamp, or make an extract or copy of any accounts, documents or computer-stored information to which access is obtained under clause (a); (c) may impound any accounts or documents and retain them for as long as may be necessary for the purposes of the Act; (d) may where a hard copy or computer disk of information stored on a computer is not made available, impound and retain the computer for as long as is necessary to copy the information required; and (e) may make an inventory of any article found in any premises or place to which access is obtained under clause (a). (3) Any officer of the Commission who seeks to exercise the right to enter and search premises shall be required to provide evidence of his authority to act on behalf of the Commission. (4) The Commission may authorize any valuer to enter any premises or place to inspect such accounts and documents as may be necessary to enable the valuer to make a valuation of an asset for the purpose of this Act. (5) The occupier of any premises or place to which access is sought under sub-section (1) shall provide all reasonable facilities and assistance to ensure the effective exercise of the right of access. (6) Any accounts, documents or computer impounded and retained under sub-section (2) and (3) shall be signed for by the Commission or an authorized officer. (7) An undertaking whose accounts, documents or computer have been impounded and retained under sub-section (2) may examine them and make an extract or copy from them during regular office hours under such supervision as the Commission may determine. Explanation.__ In this section, the expression “Occupier”, in relation to any premises or place, includes the owner, manager or any other person found present on the premises or place.

Effective date: 2010-01-01

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