Section 11D: Power to Search Building or Place of Transaction

1) If there is adequate reason and ground to believe that any foreign exchange is concealed or held in any building or place of transaction in contravention of this Act, the investigating officer may, by executing a memorandum to that effect, order a search of such a building or place of transaction.

2) In making a search pursuant to the order as referred to in Sub-section (1), an employee of at least a non-gazetted second class shall make the search.

3) The employee deputed to make a search in accordance with the order of the investigating officer shall give a notice, accompanied by the reason for making the search, to the persons living in the building or place of transaction to be searched at the moment. If the concerned does not receive such a notice, a copy of the notice shall be affixed to a conspicuous place of the building or place of transaction to be searched. After the notice has been attached, the concerned person shall be deemed to have received the notice of search.

4) After the notice has been given to the concerned person according to sub-section (3), the employee deputed to search shall be allowed to make the search of the building or place of transaction.

5) If the concerned person makes hindrance or obstruction in the making of a search, the employee deputed to make the search shall give notice and opportunity to the persons staying in the building or place of transaction to be searched to leave the building or place of transaction. If, despite such an opportunity, such people do not leave the building or place of transaction, the building or place of transaction to be searched for may be searched at any time by using necessary force and breaking or demolishing outer or inner doors, windows, doors or locks of the building or place of transaction to be searched for.

6) If, in so searching, any foreign exchange or document pertaining thereto is found in contravention of this Act, such a foreign exchange and document may be taken into custody.

7) When conducting a search according to this section, the search shall be conducted in the presence of a member of the rural municipality or municipality or at least two local dignitaries as witnesses. A statement of any foreign exchange or related documents found in violation of this Act during the search shall be prepared, and the signatures of the witnesses present shall be obtained.