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Section 4: Power to enter and search

The Meghalaya (Benami Transactions Prohibition) Act,1980 (Act No.24 of 1980)State Act of Meghalaya · Act 24 of 1980

[1) The State Government may by notification in the Official Gazette constitute a committee or an authority in each district for receiving and causing verification of a complaint or information of a transaction in benami in the State, as may be prescribed by Rules.

2) On receiving a complaint or information under sub-section (1), the committee or the authority so constituted shall cause verification of such complaint or information and after such verification and if prima facie objectively satisfied and after giving opportunity of being heard to the person against whom a complaint or information of transaction in benami is received, the committee or the authority may refer the matter to the Superintendent of Police for further investigation.

3) The committee or the authority constituted under sub-section (1) may detect and identify any transaction in benami and if the committee or authority finds any such transaction to be benami after following due process of verification as provided for in sub-section (2) above, it may refer the same to the Superintendent of Police for further investigation.

4) The committee or the authority constituted under sub-section above shall have the power to require the presence of an officer of the State Government or local authority or any person who is responsible for maintaining books of account or other documents containing a record of any transaction relating to any property transacted in benami or any other matter relevant for the purposes of this Act.

5) On receipt of a reference from the committee or the authority, the Superintendent of Police by himself or by any officer of Police not below the rank of Sub-Inspector duly authorized by him may enter and search at all reasonable hours, any premises where he has reason to believe that any register of account or other documents relating to or having any bearing on such transaction are kept in electronic form or otherwise and such police officer may direct any person whom he has reason to believe to be in custody of such register, books of account or other documents relating with the transaction to produce them for his inspection and if required may seize such register, books of account or other documents or records or electronic systems.[

Where this provision sits

ActThe Meghalaya (Benami Transactions Prohibition) Act,1980 (Act No.24 of 1980)
Section4
Marginal notePower to enter and search
JurisdictionState of Meghalaya
StatusIn force as published by the source

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