documents, records or data, and any statement made by such person during such
examination may thereafter be used in evidence in any proceeding under this Act.
(5)
The books, registers, documents, records or data seized under sub-section (1) shall not be
retained by the Authorised Officer for a period exceeding six months from the date of the
seizure unless the reasons for retaining the same are recorded by her in writing and the
approval of the Authority for such retention is obtained.
(6)
The Authority shall not authorise the retention of the books, registers, documents, records
or data for a period exceeding thirty days after all the proceedings under this Act, for
which the said books, registers, documents, records or data are relevant, are completed.
(7)
The person from whose custody the books, registers, documents, records or data are
seized under sub-section (1) may make copies thereof, or take extracts therefrom, in the
presence of the Authorised Officer or any other person appointed by her in this behalf at
such place and time as the Authorised Officer may designate in this behalf.
(8)
If a person legally entitled to the books, registers, documents, records or data seized under
sub-section (1) objects for any reason to the approval given by the Authority under subsection (5), such person may make an application to the Appellate Tribunal stating therein
the reason for such objection and requesting for the return of the books, registers,
documents, records or data.
(9)
On receipt of the application under sub-section (8), the Appellate Tribunal may, after
giving the parties an opportunity of being heard, pass such order as it thinks fit including
any order prohibiting the destruction or alteration of such books, registers, documents,
records or data.
(10) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches
and seizures shall apply, so far as may be, to every search and seizure made under subsection (1).
(11) Without prejudice to the generality of the foregoing, rules may be prescribed in relation to
the process for search and seizure under this section and in particular may provide for—
(a)
(b)
(c)
67.
obtaining ingress into such building or place to be searched where free ingress
thereto is not available;
obtaining access to a computer, computer resource, or any other device containing
or suspected to be containing data, where such access is not available;
ensuring safe custody of any books, registers, documents, records or data seized
under this section.
Coordination between the Authority and other regulators or authorities.—
Where any action proposed to be taken by the Authority under this Act is such that any other regulator or
authority constituted under a law made by Parliament or the State legislature may also have concurrent
jurisdiction, the Authority shall consult such other regulator or authority before taking such action and
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