(1)
Where [an administrator] [Substituted for 'a Special Officer' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] is appointed under section 88, or under section 89 or where the society is ordered to be wound up and a Liquidator is appointed under section 138 and such reconstituted board, [administrator] [Substituted for 'Special Officer' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f 31.1.2013.], or Liquidator is resisted in, or prevented from obtaining possession of the books, accounts, documents, securities, cash and other properties, whether movable or immovable, of the society (hereafter in this section referred to as the records and properties of the society) by the board which has been reconstituted or superseded or by the society which has been ordered to be wound up or by any person who is not entitled to be in possession of the records and properties of the society, the reconstituted board, [administrator] [Substituted for 'Special Officer' by Tamil Nadu Act No.4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] or Liquidator may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first class in whose jurisdiction the office of the society or the records and properties of that society is or are situate for delivery of possession of the records and properties of the society.
(2)
Where in the opinion of the Registrar, the records and properties of any society are in possession of a person not entitled to be in possession thereof for any reason or where the Registrar is satisfied that the records and properties of the society are likely to be tampered with or destroyed, or the funds and properties of the society are likely to be misappropriated or misapplied, he or any person authorised by him in this behalf may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first class in whose jurisdiction the office of the society or the records and properties of that society is or are situate for delivery of possession of the records and properties of the society.
(3)
Every application under sub-section (1) shall be accompanied by a copy of the order made under sub-section (1) of section 88 or, as the case may be, section 89 or under section 137.
(4)
On receipt of an application under sub-section (1) or sub-section (2), the Metropolitan Magistrate or the Judicial Magistrate of the first class, as the case may be, shall by a warrant, authorise any police officer not below the rank of Sub-Inspector to enter and search any place where the records and properties of the society are kept or are believed to be kept and to seize such records and properties and the records and properties so seized shall be handed over to -
(a) in case the application is made by the reconstituted board, [administrator] [Substituted for 'Special Officer' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.], or Liquidator, to such board, Officer or Liquidator; or
(b) in case the application is made by the Registrar or any person authorised by him, to the Registrar or to such authorised person:
(5)
All searches or seizures made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), relating to searches or seizures made under the authority of a warrant issued by a magistrate.