State Act

THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004

4. Power to enter premises and inspect certain documents.-1[(1) The Competent Authority or Police Authority or any other authority authorised by the Government or the District Magistrate or the Competent Authority in order to carry out the purposes of this Act shall have power to enter and search any premises, seize moveable properties and freeze bank accounts and attach the money or property believed to have been acquired by such financial establishment either in its own name or in the name of any other person from and out of the deposits collected by the financial establishment where it has reason to believe that any register, book, record, paper, application, information in electronic storage and retrieval device or medium, instrument or proceedings are kept and to inspect them and to take such notes and extracts as it may deem necessary.] 1 (2) Every person having in his custody or maintaining such register, book, record, paper, application, instrument or proceedings shall at all reasonable times produce or permit the 1[Competent Authority or Police Authority or any other authority authorised by the Government or the District Magistrate or the Competent Authority]1 to inspect them and to take notes and extracts as it may deem necessary and if necessary seize and impound them: Provided that no residential accommodation (not being a place of business cum residence) shall be so entered into and searched except on the authority of a search warrant issued by a Magistrate having jurisdiction over the area, and all searches under this section shall, so far as may be made in accordance with the provisions of 2[the Bharatiya Nagarika Suraksha Sanhita, 2023 (Central Act 46 of 2023)] 2. 3[Explanation- For the purpose of this section “Certain Documents” shall include electronic form or records within the meaning of sub-clause (r) of clause (1) of sections 2 and 4 of the information Technology Act, 2000 (central Act, 21 of 2000).] 3 1[(3) Proclamation for person absconding,- (i) If the Special Court has reason to believe (whether after taking evidence or not) that any person against whom a notice or summons or warrant has been issued who has absconded or is concealing himself so that such notice or summons or warrant shall not be executed, such Special Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (ii) The proclamation shall be published in the following manner, namely:- (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy of the proclamation shall be affixed to some conspicuous part of the Special Court-house; (d) the Special Court may also, if it thinks fit, direct a copy of the proclamation to be published in two daily newspaper (at least one kannada news paper) circulating in the place in which such person ordinarily resides. (e) A statement in writing by the Special Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. If such person fails to appear at the specified place and time required by the proclamation, the Special Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.] 1