SPECIAL PROVISIONS RELATING TO THE SEIZURE OF CERTAIN DOCUMENTS Term Paper Help

30.Power to declare certain publications forfeited and to issue search warrants for the same. Where any book or paper, wherever made, appears to the Government to contain any words, signs or visible representations of the nature described in subsection (1) of section 23, the Government may, by notification in the official Gazette, stating the rounds of its opinion, declare all copies of such book or paper to be forfeited to the Government and there-upon any police officer may seize the same wherever found in the Province and the District Magistrate may, by warrant, authorize any police officer. not below the rank of Sub-Inspector. to enter upon and search for the same in any premises where any copy of such book or paper may be, or may be reasonably suspected to be.

31. Power to detain rackages containing certain publications (1) Any customs officer not below the rank of Assistant Collector of Customs, specially authorized by the Government in this behalf, may detain any. package brought, whether by land, sea or air, into the Province which he reasonably suspects to contain any book or paper containing words, signs or visible representations of the nature described in sub-section (1) of section 23 and shall forthwith forward such package to such officer as the Government may appoint in ·this behalf.

(2).The Government shall, if it is satisfied that the books or papers so received contain words, signs or visible representations of the nature described in sub-section (1) of section 23, within forty-eight hours of the detention of such package, pass an order, by notification in the official Gazette forfeiting the same.

(3).If no order; under sub-section (2) is passed, the books or papers shall be delivered to the person entitled to their possession.

32.Prohibition of transmission by post of certain documentation No unauthorized news-sheet or unauthorized newspaper shall be transmitted by post.

33.Power to detain articles being transmitted by post.- (1) Any officer-incharge of a post office or authorized by the Post- Master General in this behalf may detain any article, other than a letter or parcel, in course of transmission, by post, if he is satisfied that it contains any book or paper containing words, signs or visible representations of the nature described in subsection (1) of section 23 and shall forthwith forward such article to such officer as the Government may appoint in this behalf.

(2) The Government may, within forty-eight hours of the receipt of the article under sub-section (1) declare, by an order published in the official Gazette, that the book or paper contained in such article shall stand forfeited to the Government and in case no such order is passed, the Government shall return the article to’ the officer-in-incharge of the post office concerned for transmission in the normal course.

(3).Any person aggrieved by an order of detention or forfeiture under section 31 or sub-section (2) may prefer an appeal to the High Court and the provisions of section 26 shall mutatis mutandis apply to such appeals.

Posted on November 28, 2015 in Ethics And Libel

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