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15.Power to enter, inspect and seize
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The registering authority or any other officer authorised by it, may carry out periodic inspection of any premises in which manufacture or process, or business in milk or any milk product is carried on, with a view to ensuring compliance with the provisions of this Order or of any direction issued in pursuance thereof or supply of genuine and proper material to consumers, and where the registering authority, otherwise considers it necessary by general or special order, it may –
- require any holder of the registration certificate or any other person to give any information in his possession with respect to his business.
- require, by notice in writing, any holder of the registration certificate or any other person to furnish samples of any milk or milk product or of any material used in the manufacture of the same.
- require any holder of the registration certificate or any other person dealing with or manufacturing or processing or handling milk or milk product, in writing, to produce books, documents or the registration certificate issued to him;
- inspect or cause to be inspected any of the books or documents in the possession of or under the control of such persons;
- inspect or cause to be inspected any stock or any such vehicle, vessel or receptacle, if he has reason to believe that goods procured are in violation of the terms and conditions of the registration or in contravention of the provisions of this Order;
- enter and search any premises and seize any article to which this Order applies and in respect of which he has reason to believe that contravention of this Order has been or is being or is about to be committed and take or authorise to take all measures necessary for securing the production of stocks with reference to milk or milk product so seized in the Court or for their safe custody, pending such production.
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The authority or the officer referred to in sub-paragraph (I) may,—
- detain, on giving a proper receipt, raw materials, documents account books, or other relevant evidence connected with the handling or processing or dealing with or manufacture of milk or milk product in respect of which he has reason to believe that a contravention of this Order has taken place;
- collect, from the holder of the registration certificate, on giving a proper receipt, samples of milk or milk product or any ingredient used in the preparation of such milk or milk product from the premises of the holder of the registration certificate in respect of which he has reason to believe that a contravention of this Order has taken place;
- collect, on payment, from any person samples of milk or milk product sold, or intended to be sold or kept for despatch or delivery to any dealer, agent or broker for the purpose of sale, and get such samples analysed at a recognised laboratory specified under sub-paragraph (6) of Paragraph 23.
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The provisions of Section 100 of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as far as may be, apply to every search under this Order.
16. Suspension or cancellation of registration
- The registering authority may suspend or cancel the registration certificate issued under this Order, if the holder of the registration certificate,—
- wilfully furnishes incorrect information at the time of applying for the registration;
- fails to comply with any of the terms or conditions of the registration certificate, or acts in contravention thereof;
- fails to comply with any of the directions issued by the registering authority, or where duly authorised in pursuance of the provisions of this Order, by any other person;
- fails to furnish any information or return as required or may be required under the provisions of this Order;
- Omitted
- in any other manner contravenes any of the provisions of this Order.
- While exercising powers under sub-paragraph (I), it shall be open to the registering authority to issue an order of suspension in the first instance and thereafter an order of cancellation if the default or failure persists.
- Before any registration certificate is cancelled in pursuance of subparagraph (1) or sub-paragraph (2), the registering authority shall give an opportunity to the holder of the certificate to show cause and in every case where the registration certificate is cancelled, a further period of three months for winding up of the business shall be given to the holder of the certificate and during that period he may carry on the business to such extent only as may be necessary for winding up the operations.
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