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The Prevention of Money-Laundering Act, 2002
The Prevention of Money-Laundering Act, 2002
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Offence of money-laundering.
Section 34. Punishment for money-laundering.
Section 45. Attachment of property involved in money-laundering.
Section 56. Adjudicating Authorities, composition, powers, etc.
Section 67. Staff of Adjudicating Authorities.
Section 78. Adjudication.
Section 89. Vesting of property in Central Government.
Section 910. Management of properties confiscated under this Chapter.
Section 1011. Power regarding summons, production of documents and evidence, etc.
Section 1112. Banking companies, financial institutions and intermediaries to maintain records.
Section 1213. Powers of Director to impose fine.
Section 1315. Procedure and manner of furnishing information by reporting entities.
Section 1515. Procedure and manner of furnishing information by banking company, financial institution and intermediary.
Section 1516. Power of survey.
Section 1617. Search and seizure.
Section 1718. Search of persons.
Section 1819. Power to arrest.
Section 1920. Retention of property.
Section 2020. Retention of property.
Section 2021. Retention of records.
Section 2122. Presumption as to records or property in certain cases.
Section 2223. Presumption in inter-connected transactions..
Section 2324. Burden of proof.
Section 2424. Burden of proof.
Section 2425. Establishment of Appellate Tribunal.
Section 2526. Appeals to Appellate Tribunal.
Section 2627. Composition, etc., of Appellate Tribunal.
Section 2728. Qualifications for appointment.
Section 2829. Term of office.
Section 2930. Conditions of service.
Section 3031. Vacancies.
Section 3132. Resignation and removal.
Section 3233. Member to act as Chairperson in certain circumstances.
Section 3334. Staff of Appellate Tribunal.
Section 3435. Procedure and powers of Appellate Tribunal.
Section 3536. Distribution of business amongst Benches.
Section 3637. Power of Chairperson to transfer cases.
Section 3738. Decision to be by majority.
Section 3839. Right of appellant to take assistance of authorised representative and of Government to appoint presenting officers.
Section 3940. Members, etc., to be public servants.
Section 4041. Civil Court not to have jurisdiction.
Section 4142. Appeal to High Court.
Section 4243. Special Courts.
Section 4344. Offences triable by Special Courts.
Section 4445. Offences to be cognisable and non-bailable.
Section 4546. Application of the Code of Criminal Procedure, 1973 to proceedings before Special Court.
Section 4647. Appeal and revision.
Section 4748. Authorities under the Act.
Section 4849. Appointment and powers of authorities and other officers.
Section 4950. Powers of authorities regarding summons, production of documents and to give evidence, etc.
Section 5051. Jurisdiction of authorities.
Section 5152. Power of Central Government to issue directions, etc.
Section 5253. Empowerment of certain officers.
Section 5354. Certain [officers and others] to assist in inquiry, etc.
Section 5455. Definitions.
Section 5556. Agreements with foreign countries.
Section 5657. Letter of request to a contracting State in certain cases.
Section 5758. Assistance to a contracting State in certain cases.
Section 5859. Reciprocal arrangements for processes and assistance for transfer of accused persons.
Section 5960. Attachment, seizure and confiscation, etc., of property in a contracting State or India.
Section 6061. Procedure in respect of letter of request.
Section 6162. Punishment for vexatious search.
Section 6263. Punishment for false information or failure to give information, etc.
Section 6364. Cognizance of offences.
Section 6465. Code of Criminal Procedure, 1973 to apply.
Section 6566. Disclosure of information.
Section 6667. Bar of suits in civil Courts.
Section 6768. Notice, etc., not to be invalid on certain grounds.
Section 6869. Recovery of fines.
Section 6970. Offences by companies.
Section 7071. Act to have overriding effect.
Section 7172. Continuation of proceedings in the event of death or insolvency.
Section 7273. Power to make rules.
Section 7374. Rules to be laid before Parliament.
Section 7475. Power to remove difficulties.
Section 75
prevention-of-money-laundering-act-2002.json
•
77 Sections
•
India (Central)
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"slug": "prevention-of-money-laundering-act-2002",
"title": "The Prevention of Money-Laundering Act, 2002",
"short_title": "The Prevention of Money-Laundering Act, 2002",
"act_number": "(15 of 2003)",
"act_year": 2002,
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{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "Object & Reasons▼\nStatement of Objects and Reasons.\n(a) the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, to which India is a party, calls for prevention of laundering of proceeds of drug crimes and other connected activities and confiscation of proceeds derived from such offence.\n(b) the Basle Statement of Principles, enunciated in 1989, outlined basic policies and procedures that banks should follow in order to assist the law enforcement agencies in tackling the problem of money-laundering.\n(c) the Financial Action Task Force established at the summit of seven major industrial nations, held in Paris from 14th to 16th July, 1989, to examine the problem of money-laundering has made forty recommendations, which provide the foundation material for comprehensive legislation to combat the problem of money-laundering. The recommendations were classified under various heads. Some of the important heads are-\n(i) declaration of laundering of monies carried through serious crimes a criminal offence;\n(ii) to work out modalities of disclosure by financial institutions regarding reportable transactions;\n(iii) confiscation of the proceeds of crime;\n(iv) declaring money-laundering to be an extraditable offence; and\n(v) promoting international co-operation in investigation of money-laundering.\n(d) the Political Declaration and Global Programme of Action adopted by United Nations General Assembly by its Resolution No. S-17/2 of 23rd February, 1990, inter alia, calls upon the member States to develop mechanism to prevent financial institutions from being used for laundering of drug related money and enactment of legislation to prevent such laundering.\n(e) the United Nations in the Special Session on countering World Drug Problem Together concluded on the 8th to the 10th June, 1998 has made another declaration regarding the need to combat money-laundering. India is a signatory to this declaration.\nAmendment Act 20 of 2005-Statement of Objects and Reasons.\n(a) provide that the Chairperson or a Member of any other Tribunal may be appointed (in addition to their holding the post as such) the Chairperson or a Member of the Appellate Tribunal, as the case maybe, under the Prevention of Money-Laundering Act, 2002;\n(b) provide that a police officer shall investigate an offence, under the Prevention of Money-Laundering Act, 2002 only after he has been specifically authorised by the Central Government, subject to such conditions as may be specified by the rules;\n(c) omit clause (a) of sub-section (1) of section 45 of the Prevention of Money-Laundering Act, 2002, which provides that every offence punishable under that Act shall be cognisable;\n(d) make other amendments which are consequential in nature.\nAmendment Act 21 of 2009-Statement of Objects and Reasons.\n(a) include institutions like Full Fledged Money Changers and Money Transfer Service Providers and to bring the business activities such as casinos under the reporting regime of the Act;\n(b) make provisions for the \"offences with cross border implications\" and to add new Part C in the Schedule to the Act for such offences;\n(c) ensure that the investigating agency can attach any property and search a person only after completing investigation and also to enhance the period of provisional attachment of property from 90 days to 150 days;\n(d) empower the Enforcement Directorate to search the premises immediately after the offence is committed and the police has filed a report under section 157 of Code of Criminal Procedure, 1973;\n(e) increase the age of retirement of Chairperson and Members of the Adjudicating Authority from 62 years to 65 years;\n(f) provide mandatory consultation with the Chief Justice of India before removal of the Chairperson or a Member of the Appellate Tribunal;\n(g) enable the Central Government to return the confiscated property to the requesting country in order to implement the provisions of the United Nations Convention Against Corruption; and\n(h) expand the scope of the Act by adding certain offences in Part A and Part B of the Schedule to the Act.",
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"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) Adjudicating Authority means an Adjudicating Authority appointed under sub-section (1) of section 6;\n(b) Appellate Tribunal means the Appellate Tribunal established under section 25;\n(c) Assistant Director means an Assistant Director appointed under sub-section (1) of section 49;\n(d) attachment means prohibition of transfer, conversion, disposition or movement of property by an order issued under Chapter III;\n[(da) authorised person means an authorised person as defined in clause (c) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999);]\n(e) banking company means a banking company or a co-operative bank to which the Banking Regulation Act, 1949 (10 of 1949) applies and includes any bank or banking institution referred to in section 51 of that Act;\n(f) Bench means a Bench of the Appellate Tribunal;\n[(fa) \"beneficial owner\" means an individual who ultimately owns or controls a client of a reporting entity or the person on whose behalf a transaction is being conducted and includes a person who exercises ultimate effective control over a juridical person;]\n(g) Chairperson means the Chairperson of the Appellate Tribunal;\n(h) chit fund company means a company managing, conducting or supervising, as foreman, agent or in any other capacity, chits as defined in section 2 of the Chit Funds Act, 1982 (40 of 1982);\n[(ha) \"client\" means a person who is engaged in a financial transaction or activity with a reporting entity and includes a person on whose behalf the person who engaged in the transaction or activity, is acting;]\n(i) co-operative bank shall have the same meaning as assigned to it in clause (dd) of section 2 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961(47 of 1961);\n[(ia) \"corresponding law\" means any law of any foreign country corresponding to any of the provisions of this Act or dealing with offences in that country corresponding to any of the scheduled offences;\n(ib) \"dealer\" has the same meaning as assigned to it in clause (b) of section 2 of the Central Sales Tax Act, 1956;] ;\n(j) Deputy Director means a Deputy Director appointed under sub-section (1) of section 49;\n[***]\n(k) Director or Additional Director or Joint Director means a Director or Additional Director or Joint Director, as the case may be, appointed under sub-section (1) of section 49;\n[(l) \"financial institution\" means a financial institution as defined in clause (c) of section 45-1 of the Reserve Bank of India Act, 1934 and includes a chit fund 2 of 1934. company, a housing finance institution, an authorised person, a payment system operator, a non-banking financial company and the Department of Posts in the Government of India;]\n(m) 'housing finance institution' shall have the meaning as assigned to it in clause (d) of section 2 of the National Housing Bank Act, 1987 (53 of 1987);\n[(n) \"intermediary\" means,-\n(i) a stock-broker, sub-broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser or any other intermediary associated with securities market and registered under section 12 of the Securities and Exchange Board of India Act, 1992; or\n(ii) an association recognised or registered under the Forward Contracts (Regulation) Act, 1952 or any member of such association;\n(iii) intermediary registered by the Pension Fund Regulatory and Development Authority; or\n(iv) a recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956;]\n[(na) investigation includes all the proceedings under this Act conducted by the Director or by an authority authorised by the Central Government under this Act for the collection of evidence;]\n(o) Member means a Member of the Appellate Tribunal and includes the Chairperson;\n(p) money-laundering has the meaning assigned to it in section 3;\n(q) non-banking financial company shall have the same meaning as assigned to it in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934) [***];\n(r) notification means a notification published in the Official Gazette;\n[(ra) offence of cross border implications, means-\n(i) any conduct by a person at a place outside India which constitutes an offence at that place and which would have constituted an offence specified in Part A, Part B or Part C of the Schedule, had it been committed in India and if such person [transfers in any manner] the proceeds of such conduct or part thereof to India; or\n(ii) any offence specified in Part A, Part B or Part C of the Schedule which has been committed in India and the proceeds of crime, or part thereof have been transferred to a place outside India or any attempt has been made to transfer the proceeds of crime, or part thereof from India to a place outside India.\nExplanation.\n(rb) payment system means a system that enables payment to be effected between a payer and a beneficiary, involving clearing, payment or settlement service or all of them.\nExplanation.\n(rc) payment system operator means a person who operates a payment system and such person includes his overseas principal.\nExplanation.\n(A) in the case of a person, being an individual, such individual residing outside India, who owns or controls or manages, directly or indirectly, the activities or functions of payment system in India;\n(B) in the case of a Hindu undivided family, karta of such Hindu undivided family residing outside India who owns or controls or manages, directly or indirectly, the activities or functions of payment system in India;\n(C) in the case of a company, a firm, an association of persons, a body of individuals, an artificial juridical person, whether incorporated or not, such company, firm, association of persons, body of individuals, artificial juridical person incorporated or registered outside India or existing as such and which owns or controls or manages, directly or indirectly, the activities or functions of payment system in India;]\n(s) person includes\n(i) an individual,\n(ii) a Hindu undivided family,\n(iii) a company,\n(iv) a firm,\n(v) an association of persons or a body of individuals, whether incorporated or not,\n(vi) every artificial juridical person not falling within any of the preceding sub-clauses, and\n(vii) any agency, office or branch owned or controlled by any of the above persons mentioned in the preceding sub-clauses;\n[(sa) \"person carrying on designated business or profession\" means,\n(i) a person carrying on activities for playing games of chance for cash or kind, and includes such activities associated with casino;\n(ii) a Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908, as may be notified by the Central Government;\n(iii) real estate agent, as may be notified by the Central Government;\n(iv) dealer in precious metals, precious stones and other high value goods, as may be notified by the Central Government;\n(v) person engaged in safekeeping and administration of cash and liquid securities on behalf of other persons, as may be notified by the Central Government; or\n(vi) person carrying on such other activities as the Central Government may, by notification, so designate, from time to time;\n(sb) \"precious metal\" means gold, silver, platinum, palladium or rhodium or such other metal as may be notified by the Central Government;\n(sc) \"precious stone\" means diamond, emerald, ruby, sapphire or any such other stone as may be notified by the Central Government;]\n(t) prescribed means prescribed by rules made under this Act;\n(u) proceeds of crime means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property;\n(v) property means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located;\nExplanation.\n(va) \"real estate agent\" means a real estate agent as defined in clause (88) of section 65 of the Finance Act, 1994;]\n(w) records include the records maintained in the form of books or stored in a computer or such other form as may be prescribed;\n[(wa) \"reporting entity\" means a banking company, financial institution, intermediary or a person carrying on a designated business or profession;]\n(x) Schedule means the Schedule to this Act;\n(y) scheduled offence means\n(i) the offences specified under Part A of the Schedule; or\n[(ii) the offences specified under Part B of the Schedule if the total value involved in such offences is thirty lakh rupees or more; or\n(iii) the offences specified under Part C of the Schedule;]\n(z) Special Court means a Court of Session designated as Special Court under sub-section (1) of section 43;\n(za) transfer includes sale, purchase, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien;\n(zb) value means the fair market value of any property on the date of its acquisition by any person, or if such date cannot be determined, the date on which such property is possessed by such person.\nChapter II\nOffence Of Money-Laundering",
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"is_definition": true,
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{
"number": "3",
"title": "3. Offence of money-laundering.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
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{
"number": "4",
"title": "4. Punishment for money-laundering.",
"chapter": null,
"content": "Chapter III\nAttachment, Adjudication And Confiscation",
"footnote": "",
"is_definition": false,
"sort_order": 3
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{
"number": "5",
"title": "5. Attachment of property involved in money-laundering.",
"chapter": null,
"content": "(a) any person is in possession of any proceeds of crime; and\n(b) such proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such property for a period not exceeding one hundred and eighty days from the date of the order, in such manner as may be prescribed :-\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Adjudicating Authorities, composition, powers, etc.",
"chapter": null,
"content": "(a) in the field of law, unless he\n(i) is qualified for appointment as District Judge; or\n(ii) has been a member of the Indian Legal Service and has held a post in Grade I of that service;\n(b) in the field of finance, accountancy or administration unless he possesses such qualifications, as may be prescribed.\n(a) the jurisdiction of the Adjudicating Authority may be exercised by Benches thereof;\n(b) a Bench may be constituted by the Chairperson of the Adjudicating Authority with one or two Members as the Chairperson of the Adjudicating Authority may deem fit;\n(c) the Benches of the Adjudicating Authority shall ordinarily sit at New Delhi and such other places as the Central Government may, in consultation with the Chairperson, by notification, specify;\n(d) the Central Government shall, by notification, specify the areas in relation to which each Bench of the Adjudicating Authority may exercise jurisdiction.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Staff of Adjudicating Authorities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Adjudication.",
"chapter": null,
"content": "(a) considering the reply, if any, to the notice issued under sub-section (1);\n(b) hearing the aggrieved person and the Director or any other officer authorised by him in this behalf; and\n(c) taking into account all relevant materials placed on record before him, by an order, record a finding whether all or any of the properties referred to in the notice issued under sub-section (1) are involved in money-laundering:\n(a) continue during [investigation for a period not exceeding [three hundred and sixty-five days] or] the pendency of the proceedings relating to any [offence under this Act before a court or under the corresponding law of any other country, before the competent court of criminal jurisdiction outside India, as the case may be; and]\n[(b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of section 8 or section 5 8 B or sub-section (2A) of section 60 by the Adjudicating Authority] ;",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Vesting of property in Central Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Management of properties confiscated under this Chapter.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Power regarding summons, production of documents and evidence, etc.",
"chapter": null,
"content": "(a) discovery and inspection;\n(b) enforcing the attendance of any person, including any officer of a banking company or a financial institution or a company, and examining him on oath;\n(c) compelling the production of records;\n(d) receiving evidence on affidavits;\n(e) issuing commissions for examination of witnesses and documents; and\n(f) any other matter which may be prescribed.\n[11A. Verification of identity by reporting entity.\n(a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) if the reporting entity is a banking company; or\n(b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or\n(c) use of passport issued under section 4 of the Passports Act, 1967 (15 of 1967); or\n(d) use of any other officially valid document or modes of identification as may be notified by the Central Government in this behalf:\nChapter IV\nObligations Of Banking Companies, Financial Institutions And Intermediaries\n[12. Reporting entity to maintain records.\n(a) maintain a record of all transactions, including information relating to transactions covered under clause (b), in such manner as to enable it to reconstruct individual transactions;\n(b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed;\n[***]\n[***]\n(e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients.\nOLD LAW ▼",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Banking companies, financial institutions and intermediaries to maintain records.",
"chapter": null,
"content": "(a) maintain a record of all transactions, the nature and value of which may be prescribed, whether such transactions comprise of a single transaction or a series of transactions integrally connected to each other, and where such series of transactions take place within a month;\n(b) furnish information of transactions referred to in clause (a) to the Director within such time as may be prescribed;\n(c) verify and maintain the records of the identity of all its clients, in such manner as may be prescribed:\n(b) the records referred to in clause (c) of sub-section (1) shall be maintained for a period of ten years from the date of cessation of transactions between the to clients and the banking company or financial institution or intermediary, as the case may be] .\n[12A. Access to information.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Powers of Director to impose fine.",
"chapter": null,
"content": "(a) issue a warning in writing; or\n(b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or\n(c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking; or\n(d) by an order, impose a monetary penalty on such reporting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.]\n[14. No civil or criminal proceedings against reporting entity, Its directors and employees in certain cases.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "15",
"title": "15. Procedure and manner of furnishing information by reporting entities.",
"chapter": null,
"content": "OLD LAW ▼",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Procedure and manner of furnishing information by banking company, financial institution and intermediary.",
"chapter": null,
"content": "Chapter V\nSummons, Searches And Seizures, Etc.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Power of survey.",
"chapter": null,
"content": "(i) within the limits of the area assigned to him; or\n(ii) in respect of which he is authorised for the purposes of this section by such other authority, who is assigned the area within which such place is situated, t which any act constituting the commission of such offence is carried on, and may require any proprietor, employee or any other person who may at that time and place be attending in any manner to, or helping in, such act so as to,\n(i) afford him the necessary facility to inspect such records as he may require and which may be available at such place;\n(ii) afford him the necessary facility to check or verify the proceeds of crime or any transaction related to proceeds of crime which may be found therein; and\n(iii) furnish such information as he may require as to any matter which may be useful for, or relevant to, any proceedings under this Act.\nExplanation.\n(i) place marks of identification on the records inspected by him and make or cause to be made extracts or copies therefrom,\n(ii) make an inventory of any property checked or verified by him, and\n(iii) record the statement of any person present in the place which may be useful for, or relevant to, any proceeding under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 15
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{
"number": "17",
"title": "17. Search and seizure.",
"chapter": null,
"content": "(i) has committed any act which constitutes money-laundering, or\n(ii) is in possession of any proceeds of crime involved in money-laundering, or\n(iii) is in possession of any records relating to money-laundering, or then, subject to the rules made in this behalf, he may authorise any officer subordinate to him to\n[(iv) is in possession of any property re lated to crime,] ;\n(a) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept;\n(b) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (a) where the keys thereof are not available;\n(c) seize any record or property found as a result of such search;\n(d) place marks of identification on such record or [property, if required or] make or cause to be made extracts or copies therefrom;\n(e) make a note or an inventory of such record or property;\n(f) examine on oath any person, who is found to be in possession or control of any record or property, in respect of all matters relevant for the purposes of any investigation under this Act:",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Search of persons.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Power to arrest.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Retention of property.",
"chapter": null,
"content": "OLD LAW ▼",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "20",
"title": "20. Retention of property.",
"chapter": null,
"content": "[21. Retention of records.\nOLD LAW ▼",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "21",
"title": "21. Retention of records.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "22",
"title": "22. Presumption as to records or property in certain cases.",
"chapter": null,
"content": "(i) such records or property belong or belongs to such person;\n(ii) the contents of such records are true; and\n(iii) the signature and every other part of such records which purport to be in the handwriting of any particular person or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that persons handwriting, and in the case of a record, stamped, executed or attested, that it was executed or attested by the person by whom it purports to have been so stamped, executed or attested.\n(a) presume, that the signature and every other part of such record which purports to be in the handwriting of any particular person or which the Court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that persons handwriting; and in the case of a record executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested;\n(b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "23",
"title": "23. Presumption in inter-connected transactions..",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "24",
"title": "24. Burden of proof.",
"chapter": null,
"content": "(a) in the case of a person charged with the offence of money-laundering under section 3, the Authority or Court shall, unless the contrary is proved, presume that such proceeds of crime are involved in money-laundering; and\n(b) in the case of any other person the Authority or Court, may presume that such proceeds of crime are involved in money-laundering.]\nOLD LAW ▼",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "24",
"title": "24. Burden of proof.",
"chapter": null,
"content": "Chapter VI\nAppellate Tribunal",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "25",
"title": "25. Establishment of Appellate Tribunal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "26",
"title": "26. Appeals to Appellate Tribunal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "27",
"title": "27. Composition, etc., of Appellate Tribunal.",
"chapter": null,
"content": "(a) the jurisdiction of the Appellate Tribunal may be exercised by Benches thereof;\n(b) a Bench may be constituted by the Chairperson with one or two Members as the Chairperson may deem fit;\n(c) the Benches of the Appellate Tribunal shall ordinarily sit at New Delhi and at such other places as the Central Government may, in consultation with the Chairperson, by notification, specify;\n(d) the Central Government shall, by notification, specify the areas in relation to which each Bench of the Appellate Tribunal may exercise jurisdiction.",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "28",
"title": "28. Qualifications for appointment.",
"chapter": null,
"content": "[- - -]\n(b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years; or\n(c) has been a member of the Indian Revenue Service and has held the post of Commissioner of Income-tax or equivalent post in that Service for at least three years; or\n(d) has been a member of the Indian Economic Service and has held the post of Joint Secretary or equivalent post in that Service for at least three years;\n(e) has been a member of the Indian Customs and Central Excise Service and has held the post of a Joint Secretary or equivalent post in that Service for at least three years; or\n(f) has been in the practice of accountancy as a chartered accountant under the Chartered Accountants Act, 1949 (38 of 1949) or as a registered accountant under any law for the time being in force or partly as a registered accountant and partly as a chartered accountant for at least ten years:\n(g) has been a member of the Indian Audit and Accounts Service and has held the post of Joint Secretary or equivalent post in that Service for at least three years.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "29",
"title": "29. Term of office.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "30",
"title": "30. Conditions of service.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "31",
"title": "31. Vacancies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "32",
"title": "32. Resignation and removal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "33",
"title": "33. Member to act as Chairperson in certain circumstances.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "34",
"title": "34. Staff of Appellate Tribunal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "35",
"title": "35. Procedure and powers of Appellate Tribunal.",
"chapter": null,
"content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of documents;\n(c) receiving evidence on affidavits;\n(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;\n(e) issuing commissions for the examination of witnesses or documents;\n(f) reviewing its decisions;\n(g) dismissing a representation for default or deciding it ex parte ;\n(h) setting aside any order of dismissal of any representation for default or any order passed by it ex parte ; and\n(i) any other matter, which may be, prescribed by the Central Government.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "36",
"title": "36. Distribution of business amongst Benches.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "37",
"title": "37. Power of Chairperson to transfer cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "38",
"title": "38. Decision to be by majority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "39",
"title": "39. Right of appellant to take assistance of authorised representative and of Government to appoint presenting officers.",
"chapter": null,
"content": "Explanation.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "40",
"title": "40. Members, etc., to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "41",
"title": "41. Civil Court not to have jurisdiction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "42",
"title": "42. Appeal to High Court.",
"chapter": null,
"content": "Explanation.\n(i) the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and\n(ii) where the Central Government is the aggrieved party, the High Court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain.\nChapter VII\nSpecial Courts",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "43",
"title": "43. Special Courts.",
"chapter": null,
"content": "Explanation.",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "44",
"title": "44. Offences triable by Special Courts.",
"chapter": null,
"content": "[(a) an offence punishable under section 4 and any scheduled offence connected to the offence under that section shall be triable by the Special Court constituted for the area in which the offence has been committed :-\n(b) a Special Court may, [- - -] upon a complaint made by an authority authorised in this behalf under this Act take [cognizance of offence under section 3, without the accused being committed to it for trial] .\n[(c) if the court which has taken cognizance of the scheduled offence is other than the Special Court which has taken cognizance of the complaint of the offence of money-laundering under sub-clause (b), it shall, on an application by the authority authorised to file a complaint under this Act, commit the case relating to the scheduled offence to the Special Court and the Special Court shall, on receipt of such case proceed to deal with it from the stage at which it is committed.\n(d) a Special Court while trying the scheduled offence or the offence of money-laundering shall hold trial in accordance with the provisions of the Code of Crimina1 Procedure, 1 973, as it applies to a trial before a Court of Session.]",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "45",
"title": "45. Offences to be cognisable and non-bailable.",
"chapter": null,
"content": "(i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and\n(ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail:\n(i) the Director; or\n(ii) any officer of the Central Government or State Government authorised in writing in this behalf by the Central Government by a general or a special order made in this behalf by that Government.",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "46",
"title": "46. Application of the Code of Criminal Procedure, 1973 to proceedings before Special Court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "47",
"title": "47. Appeal and revision.",
"chapter": null,
"content": "Chapter VIII\nAuthorities",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "48",
"title": "48. Authorities under the Act.",
"chapter": null,
"content": "(a) Director or Additional Director or Joint Director,\n(b) Deputy Director,\n(c) Assistant Director, and\n(d) such other class of officers as may be appointed for the purposes of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "49",
"title": "49. Appointment and powers of authorities and other officers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "50",
"title": "50. Powers of authorities regarding summons, production of documents and to give evidence, etc.",
"chapter": null,
"content": "(a) discovery and inspection;\n(b) enforcing the attendance of any person, including any officer of a [reporting entity] , and examining him on oath;\n(c) compelling the production of records;\n(d) receiving evidence on affidavits;\n(e) issuing commissions for examination of witnesses and documents; and\n(f) any other matter which may be prescribed.\n(a) impound any records without recording his reasons for so doing; or\n(b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the [Joint Director] .",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "51",
"title": "51. Jurisdiction of authorities.",
"chapter": null,
"content": "(a) territorial area;\n(b) classes of persons;\n(c) classes of cases; and\n(d) any other criterion specified by the Central Government in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "52",
"title": "52. Power of Central Government to issue directions, etc.",
"chapter": null,
"content": "(a) require any authority to decide a particular case in a particular manner; or\n(b) interfere with the discretion of the Adjudicating Authority in exercise of his functions.",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "53",
"title": "53. Empowerment of certain officers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "54",
"title": "54. Certain [officers and others] to assist in inquiry, etc.",
"chapter": null,
"content": "(a) officers of the Customs and Central Excise Departments;\n(b) officers appointed under sub-section (1) of section 5 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);\n(c) income-tax authorities under sub-section (1) of section 117 of the Income-tax Act, 1961 (43 of 1961);\n[(d) members of the recognised stock exchange referred to in clause (j) of section 2 and the officers of the stock exchanges recognised under section 4 of the Securities Contracts (Regulation) Act, 1956;]\n(e) officers of the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934);\n(f) officers of Police;\n(g) officers of enforcement appointed under sub-section (1) of section 36 of the Foreign Exchange Management Act, 1999 (40 of 1999);\n(h) officers of the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992);\n[(ha) officers of the Insurance Regulatory and Development Authority established under section 3 of the Insurance Regulatory and Development Authority Act, 1999;\n(hb) officers of the Forward Markets Commission established under section 3 of the Forward Contracts (Regulation) Act, 1952;\n(hc) officers and members of the recognised association recognised under section 6 of the Forward Contracts (Regulation) Act, 1952;\n(hd) officers of the Pension Fund Regulatory and Development Authority;\n(he) officers of the Department of Posts in the Government of India;\n(hf) Registrars or Sub-Registrars appointed by the State Governments under section 6 of the Registration Act, 1 908; 16 of 1908.\n(hg) registering authority empowered to register motor vehicles under Chapter IV of the Motor Vehicles Act, 1 988; 59 of 1988.\n(hh) officers and members of the Institute of Chartered Accountants of India constituted under section 3 of the Chartered Accountants Act, 1949;\n(hi) officers and members of the Institute of Cost and Works Accountants of India constituted under section 3 of the Cost and Works Accountants Act, 1959;\n(hj) officers and members of the Institute of Company Secretaries of India constituted under section 3 of the Company Secretaries Act, 1980;] ;\n(i) officers of any other body corporate constituted or established under a Central Act or a State Act;\n(j) such other officers of the Central Government, State Government, local authorities or [reporting entities] as the Central Government may, by notification, specify, in this behalf.\nChapter IX\nReciprocal Arrangement For Assistance In Certain Matters And Procedure For Attachment And Confiscation Of Property",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "55",
"title": "55. Definitions.",
"chapter": null,
"content": "(a) contracting State means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;\n(b) identifying includes establishment of a proof that the property was derived from, or used in the commission of an offence under section 3;\n(c) tracing means determining the nature, source, disposition, movement, title or ownership of property.",
"footnote": "",
"is_definition": true,
"sort_order": 56
},
{
"number": "56",
"title": "56. Agreements with foreign countries.",
"chapter": null,
"content": "(a) enforcing the provisions of this Act;\n(b) exchange of information for the prevention of any offence under this Act or under the corresponding law in force in that country or investigation of cases relating to any offence under this Act,",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "57",
"title": "57. Letter of request to a contracting State in certain cases.",
"chapter": null,
"content": "(i) examine facts and circumstances of the case,\n(ii) take such steps as the Special Court may specify in such letter of request, and\n(iii) forward all the evidence so taken or collected to the Special Court issuing such letter of request.",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "58",
"title": "58. Assistance to a contracting State in certain cases.",
"chapter": null,
"content": "[58A. Special Court to release the property\n[58B. Letter of request of a contracting State or authority for confiscation or release the property.",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "59",
"title": "59. Reciprocal arrangements for processes and assistance for transfer of accused persons.",
"chapter": null,
"content": "(a) a summons to an accused person, or\n(b) a warrant for the arrest of an accused person, or\n(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce a document or other thing, or to produce it, or\n(d) a search-warrant, issued by it shall be served or executed at any place in any contracting State, it shall send such summons or warrant in duplicate in such form, to such Court, Judge or Magistrate through such authorities, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed.\n(a) a summons to an accused person, or\n(b) a warrant for the arrest of an accused person, or\n(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or\n(d) a search-warrant, issued by a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where\n(i) a warrant of arrest has been executed, the person arrested shall, be dealt with in accordance with the procedure specified under section 19;\n(ii) a search warrant has been executed, the things found in this search shall, so far as possible, be dealt with in accordance with the procedure specified under sections 17 and 18:",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "60",
"title": "60. Attachment, seizure and confiscation, etc., of property in a contracting State or India.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "61",
"title": "61. Procedure in respect of letter of request.",
"chapter": null,
"content": "Chapter X\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "62",
"title": "62. Punishment for vexatious search.",
"chapter": null,
"content": "(a) searches or causes to be searched any building or place; or\n(b) detains or searches or arrests any person, hall for every such offence be liable on conviction for imprisonment for a term which may extend to two years or fine which may extend to fifty thousand rupees or both.",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "63",
"title": "63. Punishment for false information or failure to give information, etc.",
"chapter": null,
"content": "(a) being legally bound to state the truth of any matter relating to an offence under section 3, refuses to answer any question put to him by an authority in the exercise of its powers under this Act; or\n(b) refuses to sign any statement made by him in the course of any proceedings under this Act, which an authority may legally require to sign; or\n(c) to whom a summon is issued under section 50 either to attend to give evidence or produce books of account or other documents at a certain place and time, omits to attend or produce books of account or documents at the place or time, e shall pay, by way of penalty, a sum which shall not be less than five hundred rupees but which may extend to ten thousand rupees for each such default or failure.",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "64",
"title": "64. Cognizance of offences.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "65",
"title": "65. Code of Criminal Procedure, 1973 to apply.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "66",
"title": "66. Disclosure of information.",
"chapter": null,
"content": "(i) any officer, authority or body performing any functions under any law relating to imposition of any tax, duty or cess or to dealings in foreign exchange, or prevention of illicit traffic in the narcotic drugs and psychotropic substances under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or\n(ii) such other officer, authority or body performing functions under any other law as the Central Government may, if in its opinion it is necessary so to do in the public interest, specify, by notification in the Official Gazette, in this behalf, any information received or obtained by such Director or any other authority, specified by him in the performance of their functions under this Act, as may, in the opinion of the Director or the other authority, so specified by him, be necessary for the purpose of the officer, authority or body specified in clause (i) or clause (ii) to perform his or its functions under that law.",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "67",
"title": "67. Bar of suits in civil Courts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "68",
"title": "68. Notice, etc., not to be invalid on certain grounds.",
"chapter": null,
"content": "[69. Recovery of fine or penalty\nOLD LAW ▼",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "69",
"title": "69. Recovery of fines.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "70",
"title": "70. Offences by companies.",
"chapter": null,
"content": "Explanation 1.\n(i) company means any body corporate and includes a firm or other association of individuals; and\n(ii) director, in relation to a firm, means a partner in the firm.\nExplanation 2.",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "71",
"title": "71. Act to have overriding effect.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "72",
"title": "72. Continuation of proceedings in the event of death or insolvency.",
"chapter": null,
"content": "(a) any property of a person has been attached under section 8 and no appeal against the order attaching such property has been preferred; or\n(b) any appeal has been preferred to the Appellate Tribunal, and\n(i) in a case referred to in clause (a), such person dies or is adjudicated an insolvent before preferring an appeal to the Appellate Tribunal; or\n(ii) in a case referred to in clause (b), such person dies or is adjudicated an insolvent during the pendency of the appeal, hen, it shall be lawful for the legal representatives of such person or the official assignee or the official receiver, as the case may be, to prefer an appeal to the Appellate Tribunal or as the case may be, to continue the appeal before the Appellate Tribunal, in place of such person and the provisions of section 26 shall, so far as may be, apply, or continue to apply, to such appeal.\n(a) after passing of a decision or order by the Appellate Tribunal, no appeal has been preferred to the High Court under section 42; or\n(b) any such appeal has been preferred to the High Court, hen\n(i) in a case referred to in clause (a), the person entitled to file the appeal dies or is adjudicated an insolvent before preferring an appeal to the High Court, or\n(ii) in a case referred to in clause (b), the person who had filed the appeal dies or is adjudicated an insolvent during the pendency of the appeal before the High Court, then, it shall be lawful for the legal representatives of such person, or the official assignee or the official receiver, as the case may be, to prefer an appeal to the High Court or to continue the appeal before the High Court in place of such person and the provision of section 42 shall, so far as may be, apply or continue to apply to such appeal.",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "73",
"title": "73. Power to make rules.",
"chapter": null,
"content": "(a) the form in which records referred to in this Act may be maintained;\n[(aa) the manner of provisional attachment of property under sub-section (I) of section 5;]\n(b) the manner in which the order and the material referred to in sub-section (2) of section 5 to be maintained;\n(c) matters in respect of experience of Members under the proviso to sub-section (3) of section 6;\n(d) the salaries and allowances payable to and other terms and conditions of service of Members of the Adjudicating Authority under sub-section (9) of section 6;\n(e) the salaries and allowances payable to the other terms and conditions of service of the officers and employees of the Adjudicating Authority under sub-section (3) of section 7;\n[(ee) the manner of seizing or taking possession of property attached under section 5 or frozen under sub-section (lA) of section 17 or under sub-section (4) of section 8;]\n(f) the manner in which and the conditions subject to which the properties confiscated may be received and managed under sub-section (2) of section 10;\n(g) the additional matters in respect of which the Adjudicating Authority may exercise the powers of a civil Court under clause (f) of sub-section (1) of section 11;\n(h) [***]\n(i) the [the nature and value of transactions and the time within which] the information of transactions under clause (b) of sub-section (1) of section 12 shall be furnished;\n[***]\n[***]\n(JJJ) the period of interval in which the reports are sent by the reporting entities or any of its employees under clause (c) of sub-section (2) of section 13;]\n(k) the procedure and the manner of maintaining and furnishing information under sub-section (1) of section 11 as required under section 15;\n(l) the manner in which the reasons and material referred to in sub-section (2) of section 16 shall be mentioned;\n(m) the rules relating to search and seizure under sub-section (1) of section 17;\n(n) the manner in which the reasons and the material referred to in sub-section (2) of section 17 shall be maintained.\n(o) the manner in which the reasons and the material referred to in sub-section (2) of section 18 shall be maintained;\n(p) the manner in which the order and the material referred to in sub-section (2) of section 19 shall be maintained;\n[(pp) the manner in which the forwarding of the order for retention or continuation of freezing of the property and the period of keeping such order and material under sub-section (2) of section 20;] .\n(q) the manner in which records authenticated outside India may be received under sub-section (2) of section 22;\n(r) the form of appeal and the fee for filing such appeal, under sub-section (3) of section 26;\n(s) the salary and allowances payable to and the other [terms and conditions of service (including tenure of office)] of the Chairperson and other Members of the Appellate Tribunal under section 30;\n(t) the salaries and allowances and the conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 34;\n(u) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil Court under clause (i) of sub-section (2) of section 35;\n[(ua) conditions subject to which a police officer may be authorised to investigate into an offence under sub-section (1-A) of section 45;]\n(v) the additional matters in respect of which the authorities may exercise powers of a civil Court under clause (f) of sub-section (1) of section 50;\n(w) the rules relating to impounding and custody of records under sub-section (5) of section 50.\n(x) any other matter which is required to be, or may be, prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "74",
"title": "74. Rules to be laid before Parliament.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "75",
"title": "75. Power to remove difficulties.",
"chapter": null,
"content": "The Schedule\n[See section 2(y)]\n[Part A\nParagraph 1\nParagraph 1\nOffences Under The Indian Penal Code\n(45 of 1860)\nSection\nDescription of offence\n120B\nCriminal conspiracy.\n121\nWaging or attempting to wage war or abetting waging of war,\n against the Government of India.\n121A\nConspiracy to commit offences punishable by section 121\n against the State.\n255\nCounterfeiting Government stamp.\n257\nMaking or selling instrument for counterfeiting Government\n stamp.\n258\nSale of counterfeit Government stamp.\n259\nHaving possession of counterfeit Government stamp.\n260\nUsing as genuine a Government stamp known to be counterfeit.\n302\nMurder.\n304\nPunishable for culpable homicide not amounting to murder.\n307\nAttempt to murder.\n308\nAttempt to commit culpable homicide.\n327\nVoluntarily causing hurt to extort property, or to constrain\n to an illegal act.\n329\nVoluntarily causing grievous hurt to extort property, or to\n constrain to an illegal act.\n364A\nKidnapping for ransom, etc.\n384 to 389\nOffences relating to extortion.\n392 to 402\nOffences relating to robbery and dacoity.\n411\nDishonestly receiving stolen property.\n412\nDishonestly receiving property stolen in the commission of a\n dacoity.\n413\nHabitually dealing in stolen property.\n414\nAssisting in concealment of stolen property.\n417\nPunishment for cheating.\n418\nCheating with knowledge that wrongful loss may ensue to\n person whose interest offender is bound to protect.\n419\nPunishment for cheating by personation.\n420\nCheating and dishonestly inducing delivery of property.\n421\nDishonest or fraudulent removal or concealment of property to\n prevent distribution among creditors.\n422\nDishonestly or fraudulently preventing debt being available\n for creditors.\n423\nDishonest or fraudulent execution of deed of transfer\n containing false statement of consideration.\n424\nDishonest or fraudulent removal or concealment of property.\n467\nForgery of valuable security, will, etc.\n471\nUsing as genuine a forged document or electronic record.\n472\nand 473 Making or possessing counterfeit seal, etc., with\n intent to commit forgery.\n475\nand 476 Counterfeiting device or mark.\n481\nUsing a false property mark.\n482\nPunishment for using a false property mark.\n483\nCounterfeiting a property mark used by another.\n484\nCounterfeiting a mark used by a public servant.\n485\nMaking or possession of any instrument for counterfeiting a\n property mark.\n486\nSelling goods marked with a counterfeit property mark.\n487\nMaking a false mark upon any receptacle containing goods.\n488\nPunishment for making use of any such false mark.\n489A\nCounterfeiting currency notes or bank notes.\n489B\nUsing as genuine, forged or counterfeit currency notes or\n bank notes.\nParagraph 2\nParagraph 2\nOffences Under The Narcotic Drugs And Psychotropic Substances Act, 1985\n(61 of 1985)\nSection\nDescription of offence\n15\nContravention in relation to poppy straw.\n16\nContravention in relation to coca plant and coca leaves.\n17\nContravention in relation to prepared opium.\n18\nContravention in relation to opium poppy and opium.\n19\nEmbezzlement of opium by cultivator.\n20\nContravention in relation to cannabis plant and cannabis.\n21\nContravention in relation to manufactured drugs and\n preparations.\n22\nContravention in relation to psychotropic substances.\n23\nIllegal import into India, export from India or transhipment\n of narcotic drugs and psychotropic substances.\n24\nExternal dealings in narcotic drugs and psychotropic\n substances in contravention of section 12 of the Narcotic Drugs\n and Psychotropic Substances Act, 1985.\n25A\nContravention of orders made under section 9A of the Narcotic\n Drugs and Psychotropic Substances Act, 1985.\n27A\nFinancing illicit traffic and harbouring offenders.\n29\nAbetment and criminal conspiracy.\nParagraph 3\nParagraph 3\nOffences Under The Explosive Substances Act,1908\n(6 of 1908)\nSection\nDescription of offence\n3\nCausing explosion likely to endanger life or property.\n4\nAttempt to cause explosion, or for making or keeping\n explosives with intent to endanger life or property.\n5\nMaking or possessing explosives under suspicious\n circumstances.\nParagraph 4\nParagraph 4\nOffences Under The Unlawful Activities (Prevention) Act, 1967\n(37 of 1967)\nSection\nDescription of offence\n10 read with section 3\nPenalty for being member of an unlawful association, etc.\n11 read with section 3\nPenalty for dealing with funds of an unlawful association.\n13 read with section 3\nPunishment for unlawful activities.\n16 read with section 15\nPunishment for terrorist act.\n16A\nPunishment for making demands of radioactive substances,\n nuclear devices, etc.\n17\nPunishment for raising funds for terrorist act.\n18\nPunishment for conspiracy, etc.\n18A\nPunishment for organising of terrorist camps.\n18B\nPunishment for recruiting of any person or persons for\n terrorist act.\n19\nPunishment for harbouring, etc.\n20\nPunishment for being member of terrorist gang or\n organisation.\n21\nPunishment for holding proceeds of terrorism.\n38\nOffence relating to membership of a terrorist organisation.\n39\nOffence relating to support given to a terrorist\n organisation.\n40\nOffence of raising fund for a terrorist organisation.\nParagraph 5\nParagraph 5\nOffences Under The Arms Act, 1959\n(54 of 1959)\nSection\nDescription of offence\n25\nTo manufacture, sell, transfer, convert, repair or test or\n prove or expose or offer for sale or transfer or have in his\n possession for sale, transfer, conversion, repair, test or\n proof, any arms or ammunition in contravention of section 5 of\n the Arms Act, 1959.\nTo acquire, have in possession or carry any prohibited arms\n or prohibited ammunition in contravention of section 7 of the\n Arms Act, 1959.\nContravention of section 24A of the Arms Act, 1959 relating\n to prohibition as to possession of notified arms in disturbed\n areas, etc.\nContravention of section 24B of the Arms Act, 1959 relating\n to prohibition as to carrying of notified arms in or through\n public places in disturbed areas.\nOther offences specified in section 25.\n26\nTo do any act in contravention of any provisions of section\n 3, 4, 10 or section 12 of the Arms Act, 1959 in such manner as\n specified in sub-section (1) of section 26 of the said Act.\nTo do any act in contravention of any provisions of section\n 5, 6, 7 or section 11 of the Arms Act, 1959 in such manner as\n specified in sub-section (2) of section 26 of the said Act.\nOther offences specified in section 26.\n27\nUse of arms or ammunition's in contravention of section 5 or\n use of any arms or ammunition in contravention of section 7 of\n the Arms Act, 1959.\n28\nUse and possession of fire arms or imitation fire arms in\n certain cases.\n29\nKnowingly purchasing arms from unlicensed person or for\n delivering arms, etc., to person not entitled to possess the\n same.\n30\nContravention of any condition of a licence or any provisions\n of the Arms Act, 1959 or any rule made thereunder.\nParagraph 6\nParagraph 6\nOffences Under The Wild Life (Protection) Act, 1972\n(53 of 1972)\nSection\nDescription of offence\n51 read with section 9\nHunting of wild animals.\n51 read with section 17A\nContravention of provisions of section 17A relating to\n prohibition of picking, uprooting, etc., of specified plants.\n51 read with section 39\nContravention of provisions of section 39 relating to wild\n animals, etc., to be Government property.\n51 read with section 44\nContravention of provisions of section 44 relating to\n dealings in trophy and animal articles without licence\n prohibited.\n51 read with section 48\nContravention of provisions of section 48 relating to\n purchase of animal, etc., by licensee.\n51 read with section 49B\nContravention of provisions of section 49B relating to\n prohibition of dealings in trophies, animals articles, etc.,\n derived from scheduled animals.\nParagraph 7\nParagraph 7\nOffences Under The Immoral Traffic (Prevention) Act, 1956\n(104 of 1956)\nSection\nDescription of offence\n5\nProcuring, inducing or taking person for the sake of\n prostitution.\n6\nDetaining a person in premises where prostitution is carried\n on.\n8\nSeducing or soliciting for purpose of prostitution.\n9\nSeduction of a person in custody.\n[Paragraph 8]\n[Paragraph 8]\nOffences Under the Prevention of Corruption Act, 1988\n(49 of 1988)\nSection\nDescription of offence\n7.\nOffence relating to public servant being bribed.\n7A.\nTaking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence.\n8.\nOffence relating to bribing a public servant.\n9.\nOffence relating to bribing a public servant by a commercial organisation.\n10.\nPerson in charge of commercial organisation to be guilty of offence.\n11.\nPublic servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant.\n12.\nPunishment for abetment of offences.\n13.\nCriminal misconduct by a public servant.\n14.\nPunishment for habitual offender.\nParagraph 9\nParagraph 9\nOffences Under The Explosives Act, 1884\n(4 of 1884)\nSection\nDescription of offence\n9B\nPunishment for certain offences.\n9C\nOffences by companies.\nParagraph 10\nParagraph 10\nOffences Under The Antiquities And Arts Treasures Act, 1972\n(52 of 1972)\nSection\nDescription of offence\n25 read with section 3\nContravention of export trade in antiquities and art\n treasures.\n28\nOffences by companies.\nParagraph 11\nParagraph 11\noffences Under The Securities And Exchange Board Of India Act, 1992\n(15 of 1992)\nSection\nDescription of offence\n12A read with section 24\nProhibition of manipulative and deceptive devices, insider\n trading and substantial.\n24\nAcquisition Of Securities Or Control.\nParagraph 12\nParagraph 12\nOffences Under The Customs Act, 1962\n(52 of 1962)\nSection\nDescription of offence\n135\nEvasion of duty or prohibitions.\nParagraph 13\nParagraph 13\nOffences Under The Bonded Labour System (Abolition) Act, 1976\n(19 of 1976)\nSection\nDescription of offence\n16\nPunishment for enforcement of bonded labour.\n18\nPunishment for extracting bonded labour under the bonded\n labour system.\n20\nAbetment to be an offence.\nParagraph 14\nParagraph 14\nOffences Under The Child Labour (Prohibition And Regulation) Act, 1986\n(61 of 1986)\nSection\nDescription of offence\n14\nPunishment for employment of any child to work in\n contravention of the provisions of section 3\nParagraph 15\nParagraph 15\nOffences Under The Transplantation Of Human Organs Act, 1994\n(42 of 1994)\nSection\nDescription of offence\n18\nPunishment for removal of human organ without authority.\n19\nPunishment for commercial dealings in human organs.\n20\nPunishment for contravention of any other provision of this\n Act.\nParagraph 16\nParagraph 16\nOffences Under The Juvenile Justice (Care And Protection Of Children) Act, 2000\n(56 of 2000)\nSection\nDescription of offence\n23\nPunishment for cruelty to juvenile or child.\n24\nEmployment of juvenile or child for begging.\n25\nPenalty for giving intoxicating liquor or narcotic drug or\n psychotropic substance to juvenile or child.\n26\nExploitation of juvenile or child employee.\nParagraph 17\nParagraph 17\nOffences Under The Emigration Act, 1983\n(31 of 1983)\nSection\nDescription of offence\n24\nOffences and penalties.\nParagraph 18\nParagraph 18\nOffences Under The Passports Act, 1967\n(15 of 1967)\nSection\nDescription of offence\n12\nOffences and penalties.\nParagraph 19\nParagraph 19\nOffences Under The Foreigners Act, 1946\n(31 of 1946)\nSection\nDescription of offence\n14\nPenalty for contravention of provisions of the Act, etc.\n14B\nPenalty for using forged passport.\n14C\nPenalty for abetment.\nParagraph 20\nParagraph 20\nOffences Under The Copyright Act, 1957\n(14 of 1957)\nSection\nDescription of offence\n63\nOffences of infringement of copyright or other rights\n conferred by this Act.\n63A\nEnhanced penalty on second and subsequent convictions.\n63B\nKnowing use of infringing copy of computer programme.\n68A\nPenalty for contravention of section 52A.\nParagraph 21\nParagraph 21\nOffences Under The Trade Marks Act, 1999\n(47 of 1999)\nSection\nDescription of offence\n103\nPenalty for applying false trade marks, trade descriptions,\n etc.\n104\nPenalty for selling goods or providing services to which\n false trade mark or false trade description is applied.\n105\nEnhanced penalty on second or subsequent conviction.\n107\nPenalty for falsely representing a trade mark as registered.\n120\nPunishment of abetment in India of acts done out of India.\nParagraph 22\nParagraph 22\nOffences Under The Information Technology Act, 2000\n(21 of 2000)\nSection\nDescription of offence\n72\nPenalty for breach of confidentiality and privacy.\n75\nAct to apply for offence or contravention committed outside\n India.\nParagraph 23\nParagraph 23\nOffences Under The Biological Diversity Act, 2002\n(18 of 2003)\nSection\nDescription of offence\n55 read with section 6\nPenalties for contravention of section 6, etc.\nParagraph 24\nParagraph 24\nOffences Under The Protection Of Plant Varieties And Farmers Rights Act, 2001\n(53 of 2001)\nSection\nDescription of offence\n70 read with section 68\nPenalty for applying false denomination, etc.\n71 read with section 68\nPenalty for selling varieties to which false denomination is\n applied.\n72 read with section 68\nPenalty for falsely representing a variety as registered.\n73 read with section 68\nPenalty for subsequent offence.\nParagraph 25\nParagraph 25\nOffences Under The Environment Protection Act, 1986\n(29 of 1986)\nSection\nDescription of offence\n15 read with section 7\nPenalty for discharging environmental pollutants, etc., in\n excess of prescribed standards.\n15 read with section 8\nPenalty for handling hazardous substances without complying\n with procedural safeguards.\nParagraph 26\nParagraph 26\nOffences Under The Water (Prevention And Control Of Pollution) Act, 1974\n(6 of 1974)\nSection\nDescription of offence\n41 (2)\nPenalty for pollution of stream or well.\n43\nPenalty for contravention of provisions of section 24.\nParagraph 27\nParagraph 27\nOffences Under The Air (Prevention And Control Of Pollution) Act, 1981\n(14 of 1981)\nSection\nDescription of offence\n37\nFailure to comply with the provisions for operating industrial\n plant.\nParagraph 28\nParagraph 28\nOffences Under The Suppression Of Unlawful, Acts Against Safety Of Maritime Navigation And Fixed Platforms On Continental Shelf Act, 2002\n(69 of 2002)\nSection\nDescription of offence\n3\nOffences against ship, fixed platform, cargo of a ship,\n maritime navigational facilities, etc.]\n[Paragraph 29]\nOffence Under the Companies Act, 2013\n(18 of 2013)\nSection\nDescription of offence\n447\nPunishment for fraud.\".\nPart B\nPart B\n[Part B omitted by Act No. 2 of 2013]\nOLD LAW ▼\n[ PARAGRAPH 1 ]\nPARAGRAPH 1\nOFFENCES UNDER THE INDIAN PENAL CODE\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n120B\nCriminal\n conspiracy.\n255\nCounterfeiting\n Government stamp.\n257\nMaking or selling\n instrument for counterfeiting Government stamp.\n258\nSale of\n counterfeit Government stamp.\n259\nHaving possession\n of counterfeit Government stamp.\n260\nUsing as genuine a\n Government stamp known to be counterfeit.\n302\nMurder.\n304\nPunishment for culpable homicide not amounting to murder.\n307\nAttempt to murder.\n308\nAttempt to commit\n culpable homicide.\n327\nVoluntarily\n causing hurt to extort property, or to constrain to an illegal\n act.\n329\nVoluntarily\n causing grievous hurt to extort property, or to constrain to an\n illegal act.\n364-A\nKidnapping for\n ransom, etc.\n384\n to 389\nOffences relating\n to extortion.\n392\n to 402\nOffences relating\n to robbery and dacoity.\n411\nDishonestly\n receiving stolen property.\n412\nDishonestly\n receiving property stolen in the commission of a dacoity.\n413\nHabitually dealing\n in stolen property.\n414\nAssisting in\n concealment of stolen property.\n417\nPunishment for\n cheating.\n418\nCheating with\n knowledge that wrongful loss may ensue to person whose interest\n offender is bound to protect.\n419\nPunishment for\n cheating by personation.\n420\nCheating and\n dishonestly inducing delivery of properties.\n421\nDishonest or\n fraudulent removal or concealment of property to prevent\n distribution among creditors.\n422\nDishonestly or\n fraudulently preventing debt being available for creditors.\n423\nDishonest or\n fraudulent execution of deed of transfer containing false\n statement of consideration.\n424\nDishonest or\n fraudulent removal or concealment of property.\n467\nForgery of\n valuable security, will, etc.\n471\nUsing as genuine a\n forged document or electronic record.\n472\n and 473\nMaking or\n possessing counterfeit seal, etc., with intent to commit forgery.\n475\n and 476\nCounterfeiting\n device or mark.\n481\nUsing a false\n property mark.\n482\nPunishment for\n using a false property mark.\n483\ncounterfeiting a\n property mark used by another.\n484\nCounterfeiting a\n mark used by a public servant.\n485\nMaking or\n possession of any instrument for counterfeiting a property mark.\n486\nSelling goods\n marked with a counterfeit property mark.\n487\nMaking a false\n mark upon any receptacle containing goods.\n488\nPunishment for\n making use of any such false mark.]\nPARAGRAPH 2\nPARAGRAPH 2\nOFFENCES UNDER THE ARMS ACT, 1959\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n25\nTo\n manufacture, sell, transfer, convert, repair or test or prove or\n expose or offer for sale or transfer or have in his possession\n for sale, transfer, conversion, repair, test or proof, any arms\n or ammunition in contravention of section 5 of the Arms Act,\n 1959.\nTo\n acquire, have in possession or carry any prohibited arms or\n prohibited ammunition in contravention of section 7 of the Arms\n Act, 1959.\nContravention\n of section 24A of the Arms Act, 1959 relating to prohibition as\n to possession of notified arms in disturbed areas, etc.\nContravention\n of section 24B of the Arms Act, 1959 relating to prohibition as\n to carrying of notified arms in or through public places in\n disturbed areas.\nOther\n offences specified in section 25.\n26\nTo\n do any act in contravention of any provisions of section 3, 4, 10\n or 12 of the Arms Act, 1959 in such manner as specified in\n sub-section (1) of section 26 of the said Act.\nTo\n do any act in contravention of any provisions of section 5, 6, 7\n or 11 of the Arms Act, 1959 in such manner as specified in\n sub-section (2) of section 26 of the said Act.\nOther\n Offences specified in section 26.\n27\nUse\n of arms or ammunitions in contravention of section 5 or use of\n any arms or ammunition in contravention of section 7 of the Arms\n Act, 1959.\n28\nUse\n and possession of fire arms or imitation fire arms in certain\n cases.\n29\nKnowingly\n purchasing arms from unlicensed person or for delivering arms,\n etc., to person not entitled to possess the same.\n30\nContravention\n of any condition of a licence or any provisions of the Arms Act,\n 1959 or any rule made thereunder.\nPARAGRAPH 3\nPARAGRAPH 3\nOFFENCES UNDER THE WILD LIFE (PROTECTION) ACT, 1972\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n[51 read with section\n 9\nHunting of wild\n animals.]\n51 read with section\n 17A\nContravention of\n provisions of section 17-A relating to prohibition of picking,\n uprooting, etc., of specified plants.\n51 read with section\n 39\nContravention of\n provisions of section 39 relating to wild animals, etc., to be\n Government property.\n51 read with section\n 44\nContravention of\n provisions of section 44 relating to dealings in trophy and\n animal articles without licence prohibited.\n51 read with section\n 48\nContravention of\n provisions of section 48 relating to purchase of animal, etc., by\n licensee.\n51 read with section\n 49-B\nContravention of\n provisions of section 49-B relating to prohibition of dealings in\n trophies, animal articles etc., derived from scheduled animals.\nPARAGRAPH 4\nPARAGRAPH 4\nOFFENCES UNDER THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n5\nProcuring, inducing\n or taking person for the sake of prostitution.\n6\nDetaining a person in\n premises where prostitution is carried on.\n8\nSeducing or\n soliciting for purpose of prostitution.\n9\nSeduction of a person\n in custody.\nPARAGRAPH 5\nPARAGRAPH 5\nOFFENCES UNDER THE PREVENTION OF CORRUPTION ACT, 1988\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n7\nPublic servant\n taking gratification other than legal remuneration in respect of\n an official act.\n8\nTaking\n gratification, in order, by corrupt or illegal means, to\n influence public servant.\n9\nTaking\n gratification, for exercise of personal influence with public\n servant.\n10\nAbetment by public\n servant of offences defined in section 8 or section 9 of the\n Prevention of Corruption Act, 1988.\n[13\nCriminal\n misconduct by a public servant.]\nPARAGRAPH 6\nPARAGRAPH 6\nOFFENCE UNDER THE EXPLOSIVE ACT, 1884\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n9-B\nPunishment for\n certain offences.\n9-C\nOffences by Companies\nPARAGRAPH 7\nPARAGRAPH 7\nOFFENCES UNDER THE ANTIQUITIES AND ARTS TREASURES ACT, 1972\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n25 read with section\n 3\nContravention of\n export trade in antiquities and art treasures.\n28\nOffences by\n companies.\nPARAGRAPH 8\nPARAGRAPH 8\nOFFENCES UNDER THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n12A\n read with section 24\nProhibition of\n manipulative and deceptive devices, insider trading and\n substantial acquisition of securities or control.\nPARAGRAPH 9\nPARAGRAPH 9\nOFFENCES UNDER THE CUSTOMS ACT, 1962\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n135\nEvasion\n of duty or prohibitions.\nPARAGRAPH 10\nPARAGRAPH 10\nOFFENCES UNDER THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n16\nPunishment for\n enforcement of bonded labour.\n18\nPunishment for\n extracting bonded labour under the bonded labour system.\n20\nAbetment to be an\n offence.\nPARAGRAPH 11\nPARAGRAPH 11\nOFFENCES UNDER THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n14\nPunishment for\n employment of any child to work in contravention of the\n provisions of section 3.\nPARAGRAPH 12\nPARAGRAPH 12\nOFFENCES UNDER THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n18\nPunishment for\n removal of human organ without authority.\n19\nPunishment for\n commercial dealings in human organs.\n20\nPunishment for\n contraventon of any other provision of this Act.\nPARAGRAPH 13\nPARAGRAPH 13\nOFFENCES UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n23\nPunishment for\n cruelty to juvenile or child.\n24\nEmployment of\n juvenile or child for begging.\n25\nPenalty for giving\n intoxicating liquor or narcotic drug or psychotropic substance to\n juvenile or child.\n26\nExploitation of\n juvenile or child employee.\nPARAGRAPH 14\nPARAGRAPH 14\nOFFENCES UNDER THE EMIGRATION ACT, 1983\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n24\nOffences\n and penalties.\nPARAGRAPH 15\nPARAGRAPH 15\nOffences Under The Passports Act, 1967\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n12\nOffences\n and penalties.\nPARAGRAPH 16\nPARAGRAPH 16\nOffences Under The Foreigners Act, 1946\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n14\nPenalty\n for contravention of provisions of the Act, etc.\n14-B\nPenalty\n for using forged passport.\n14-C\nPenalty\n for abetment.\nPARAGRAPH 17\nPARAGRAPH 17\nOffences Under The Copyright Act, 1957\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n63\nOffence\n of infringement of copyright or other rights conferred by this\n Act.\n63-A\nEnhanced\n penalty on second and subsequent convictions.\n63-B\nKnowing\n use of infringing copy of computer programme.\n68-A\nPenalty\n for contravention of section 52-A.\nPARAGRAPH 18\nPARAGRAPH 18\nOffences Under The Trade Marks Act, 1999\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n103\nPenalty\n for applying false trade marks, trade descriptions, etc.\n104\nPenalty\n for selling goods or providing services to which raise trademark\n or false trade description is applied.\n105\nEnhanced\n penalty on second or subsequent conviction.\n107\nPenalty\n for falsely representing a trade mark as registered.\n120\nPunishment\n of abetment in India of acts done out of India.\nPARAGRAPH 19\nPARAGRAPH 19\nOffences Under The Information Technology Act, 2000\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n72\nPenalty\n for breach of confidentiality and privacy.\n75\nAct\n to apply for offence or contravention committed outside India.\nPARAGRAPH 20\nPARAGRAPH 20\nOffences Under The Biological Diversity Act, 2002\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n55\n read with 6\nPenalties\n for contravention of section 6, etc.\nPARAGRAPH 21\nPARAGRAPH 21\nOffences Under The Protection Of Plant Varieties And Farmers' Rights Act, 2001\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n70\n read with 68\nPenalty for\n applying false denomination, etc.\n71\n read with 68\nPenalty for\n selling varieties to which false denomination is applied.\n72\n read with 68\nPenalty for\n falsely representing a variety as registered.\n73\n read with 68\nPenalty for\n subsequent offence.\nPARAGRAPH 22\nPARAGRAPH 22\nOffences Under The Environment Protection Act, 1986\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n15\n read with 7\nPenalty\n for discharging environmental pollutants.\n15\n read with 8\nPenalty\n for handling hazardous substance.\nPARAGRAPH 23\nPARAGRAPH 23\nOffences Under The Water (Prevention And Control Of Pollution) Act, 1974\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n41(2)\nPenalty\n for pollution of stream or well.\n43\nPenalty\n for contravention of provisions of section 24.\nPARAGRAPH 24\nPARAGRAPH 24\nOffences Under The Air (Prevention And Control Of Pollution) Act, 1981\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n37\nFailure\n to comply with the provisions for operating industrial plant.\nPARAGRAPH 25\nPARAGRAPH 25\nOffences Under The Suppression Of Unlawful Acts Against Safety Of Maritime Navigation And Fixed Platforms On Continental Shelf Act, 2002\nSection\nSection\nDescription\n of offence\nDescription\n of offence\n3\nOffences\n against ship, fixed platform, cargo of a ship, maritime\n navigational facilities, etc.\n[ PART C\nPART C\n(1) Part A; or\n(2) [* * *]\n(3) the offences against property under Chapter XVII of the Indian Penal Code.]\n[(4) The offence of wilful attempt to evade any tax, penalty or interest referred to in section 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.]\nMinistry of Finance (Department of Revenue) Notifications Notification No. G.S.R. 30(E), 17th January, 2014. - In exercise of the powers conferred by clause (ii) of section 66 of the Prevention of Money Laundering Act, 2002 (15 of 2003), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance, Department of Revenue, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 381(E), dated the 27th June, 2006, namely:- In the said notification, after serial number (16) and the entry relating thereto, the following serial number and entry shall be inserted, namely:- \"(17) Competition Commission of India.\" Notification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\nMinistry of Finance\n(Department of Revenue) Notifications Notification No. G.S.R. 30(E), 17th January, 2014. - In exercise of the powers conferred by clause (ii) of section 66 of the Prevention of Money Laundering Act, 2002 (15 of 2003), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance, Department of Revenue, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 381(E), dated the 27th June, 2006, namely:- In the said notification, after serial number (16) and the entry relating thereto, the following serial number and entry shall be inserted, namely:- \"(17) Competition Commission of India.\" Notification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\n(Department of Revenue) Notifications Notification No. G.S.R. 30(E), 17th January, 2014. - In exercise of the powers conferred by clause (ii) of section 66 of the Prevention of Money Laundering Act, 2002 (15 of 2003), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance, Department of Revenue, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 381(E), dated the 27th June, 2006, namely:- In the said notification, after serial number (16) and the entry relating thereto, the following serial number and entry shall be inserted, namely:- \"(17) Competition Commission of India.\" Notification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\n(Department of Revenue)\nNotifications Notification No. G.S.R. 30(E), 17th January, 2014. - In exercise of the powers conferred by clause (ii) of section 66 of the Prevention of Money Laundering Act, 2002 (15 of 2003), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance, Department of Revenue, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 381(E), dated the 27th June, 2006, namely:- In the said notification, after serial number (16) and the entry relating thereto, the following serial number and entry shall be inserted, namely:- \"(17) Competition Commission of India.\" Notification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\nNotifications Notification No. G.S.R. 30(E), 17th January, 2014. - In exercise of the powers conferred by clause (ii) of section 66 of the Prevention of Money Laundering Act, 2002 (15 of 2003), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance, Department of Revenue, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 381(E), dated the 27th June, 2006, namely:- In the said notification, after serial number (16) and the entry relating thereto, the following serial number and entry shall be inserted, namely:- \"(17) Competition Commission of India.\" Notification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\nNotifications\nNotification No. G.S.R. 30(E), 17th January, 2014. - In exercise of the powers conferred by clause (ii) of section 66 of the Prevention of Money Laundering Act, 2002 (15 of 2003), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance, Department of Revenue, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 381(E), dated the 27th June, 2006, namely:- In the said notification, after serial number (16) and the entry relating thereto, the following serial number and entry shall be inserted, namely:- \"(17) Competition Commission of India.\" Notification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\nNotification No. G.S.R. 30(E), 17th January, 2014.\nIn the said notification, after serial number (16) and the entry relating thereto, the following serial number and entry shall be inserted, namely:- \"(17) Competition Commission of India.\" Notification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\n\"(17) Competition Commission of India.\" Notification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\n\"(17) Competition Commission of India.\" Notification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\nNotification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017. - In exercise of the powers conferred by sub-clause (iii) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby notifies that real estate agents as defined under clause (zm) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) shall be deemed to be a person carrying on designated business or profession under sub-clause (iii) of clause (sa) of sub-section 1 of section 2 of the Prevention of Money-laundering Act, 2002.\nNotification No. G.S.R. 1423 (E), 15th November, 2017, No. 8/2017.",
"footnote": "",
"is_definition": false,
"sort_order": 76
}
],
"metadata": {
"Act ID": "Last Updated 3rd August, 2019 [act157]",
"Act Number": "(15 of 2003)",
"Enactment Date": "",
"Act Year": "2002",
"Short Title": "The Prevention of Money-Laundering Act, 2002",
"Type": "CENTRAL",
"Location": "India (Central)"
},
"updated_at": "2026-09-29 21:51:56"
}