(2)
66.
A data fiduciaryor data processor aggrieved by an order made under this section by the
Authority may prefer an appeal to the Appellate Tribunal.
Search and Seizure.—
(1)
Where the Authority has reasonable grounds to believe that—
(a)
(b)
(c)
any person who has been required under sub-section (5) of section 64to produce, or
cause to be produced, any books, registers, documents, records or data in her
custody or power is likely to omit or fail, or has omitted or failed, to do so; or
any books, registers, documents, records or data belonging to any person as
mentioned in clause(a) of sub-section (1) are likely to be tampered with, altered,
mutilated, manufactured, falsified or destroyed; or
a contravention of any provision of this Act has been committed or is likely to be
committed by a data fiduciary,
it may authorise any officer of the Authority not below the rank equivalent to that of a Gazetted
Officer of the Central Government (hereinafter referred to as “Authorised Officer”) to—
(i)
(ii)
(iii)
(iv)
(v)
enter and search any building or place where she has reason to suspect that such
books, registers, documents, records or data are kept;
break open the lock of any box, locker, safe, almirah or other receptacle for
exercising the powers conferred by clause (i) where the keys thereof are not
available;
access any computer, computer resource, or any other device containing or
suspected to be containing data;
seize all or any such books, registers, documents, records or data found as a result
of such search;
place marks of identification on such books, registers, documents, records or
databases or make extracts or copies of the same.
(2)
The Authorised Officer may requisition the services of any police officer or of any officer
of the Central Government, or of both, as the case may be, for assistance related to any of
the purposes specified in sub-section (1) and it shall be the duty of every such police
officer or officer to comply with such requisition.
(3)
The Authorised Officer may, where it is not practicable to seize any such book, register,
document, record or data specified in sub-section (1), serve an order on the person who is
in immediate possession or control thereof that such person shall not remove, part with or
otherwise deal with it except with the previous permission of such officer and such
officer may take such steps as may be necessary for ensuring compliance with this subsection.
(4)
The Authorised Officer may, during the course of the search or seizure, examine on oath
any person who is found to be in possession or control of any books, registers,
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