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Diamonds Act, 1986 (Act No. 56 of 1986)

Chapter VII : Control Measures

81. Functions of inspectors and police officials

 

1) In addition to the other functions assigned to an inspector or a police official by or under any other law, the inspector or police official may –
a) at any reasonable time enter any premises or other property or any vessel on which any activity in connection with unpolished diamonds is carried on and perform on any such premises, property or vessel such acts as may be necessary to ascertain whether the provisions of this Act have been or are complied with;
b) if he has reasonable grounds to suspect that an offence under this Act has been committed in respect of any diamond, or has been or is about to be committed in respect of or by means of any machinery, at any time enter and search any premises or other property or any vessel, vehicle or aircraft on or in which such diamond or machinery is suspected to be found;
c) if he has reasonable grounds to suspect that any machinery is used or intended for use in connection with the polishing of diamonds, examine, test or take photographs of such machinery;
d) question any person who in his opinion may be capable of furnishing any information on any matter to which this Act relates, and for that purpose require a vessel or vehicle to be stopped;
e) if he has reasonable grounds to suspect that any person has committed an offence under this Act in respect of any diamond, search or cause to be searched any such person or any article in his possession or custody or under his control: Provided that a woman shall be searched by a woman only;
f) require from any person who has in his possession or custody or under his control any register or document under this Act, to produce to him forthwith, or at such time and place as may be determined by him, any such register or document;
g) examine any such register or document or make an extract therefrom or a copy thereof, and require from any person an explanation of any entry in any such register or document;
h) if he has reasonable grounds to suspect that any packet which is being or has been transmitted through the post contains any diamond, notwithstanding anything to the contrary in any other law contained, stop or cause to be stopped either during transit or otherwise any such packet, and open and examine any such packet in the presence of the person by whom it was dispatched, or any other suitable person;
i) seize any such diamond, machinery, register or document which appears to provide proof of a contravention of a provision of this Act.

 

2) An interpreter or a police official may accompany an inspector when he performs his functions under this Act.

 

3) An inspector shall not perform any function under this Act unless he is at the time of performing that function in possession of a certificate of appointment referred to in section 80(2), which certificate shall be produced at the request of any person affected by the performance of that function.