Treatise on PMLA - Law and Practice

Edition: 2nd edn., 2025

ISBN: 978-93-4808-095-0

Pages: 2904

Author: Akhilesh S. Dubey

Volume 1The Prevention of Money-Laundering Act, 2002CHAPTER IPreliminarySection Page No.1. Short title, extent and commencement 2. Definitions CHAPTER IIOffence of Money-Laundering3. Offence of money-laundering 4. Punishment for money-laundering CHAPTER IIIAttachment, Adjudication and Confiscation5. Attachment of property involved in money-laundering 6. Adjudicating Authority, composition, powers, etc. 7. Staff of Adjudicating Authorities 8. Adjudication 9. Vesting of property in Central Government 10. Management of properties confiscated under this Chapter 11. Power regarding summons, production of documents and evidence, etc. CHAPTER IVObligations of Banking Companies, Financial Institutions and Intermediaries11A. Verification of identity by reporting entity 12. Reporting entity to maintain records 12A. Access to information 12AA. Enhanced due diligence 13. Powers of Director to impose fine 14. No civil or criminal proceedings against reporting entity, its directors and employees in certain cases 15. Procedure and manner of furnishing information by reporting entities CHAPTER VSummons, Searches and Seizures, etc.16. Power of survey 17. Search and seizure 18. Search of persons 19. Power to arrest 20. Retention of property 21. Retention of records 22. Presumption as to records or property in certain cases 23. Presumption in inter-connected transactions 24. Burden of proof CHAPTER VIAppellate Tribunal25. Appellate Tribunal 26. Appeals to Appellate Tribunal 27. Composition, etc., of Appellate Tribunal 28. Qualifications for appointment 29. Term of office 30. Conditions of service 31. Vacancies 32. Resignation and removal 33. Member to act as Chairperson in certain circumstances 34. Staff of Appellate Tribunal 35. Procedure and powers of Appellate Tribunal 36. Distribution of business amongst Benches 37. Power of Chairman to transfer cases 38. Decision to be by majority 39. Right of appellant to take assistance of authorised representative and of Government to appoint presenting officers 40. Members, etc., to be public servants 41. Civil court not to have jurisdiction 42. Appeal to High Court CHAPTER VIISpecial Courts43. Special Courts 44. Offences triable by Special Courts 45. Offences to be cognizable and non-bailable 46. Application of the Code of Criminal Procedure, 1973 to proceeding before Special Court 47. Appeal and revision Volume 2CHAPTER VIIIAuthorities48. Authorities under the Act 49. Appointment and powers of authorities and other officers 50. Powers of authorities regarding summons, production of documents and to give evidence, etc. 51. Jurisdiction of authorities 52. Power of Central Government to issue directions, etc. 53. Empowerment of certain officers 54. Certain officers to assist in inquiry, etc. CHAPTER IXReciprocal arrangement for assistance in certain matters and procedure for attachment and confiscation of property55. Definitions 56. Agreements with foreign countries 57. Letter of request to a contracting state in certain cases 58. Assistance to a contracting state in certain cases 58A. Special Court to release the property 58B. Letter of request of a Contracting State or authority for confiscation or release the property 59. Reciprocal arrangements for processes and assistance for transfer of accused persons 60. Attachment, seizure and confiscation, etc., of property in a contracting state or India 61. Procedure in respect of letter of request  CHAPTER XMiscellaneousSection 62. Punishment for vexatious search 63. Punishment for false information or failure to give information, etc. 64. Cognizance of offences 65. Code of Criminal Procedure, 1973 to apply 66. Disclosure of information 67. Bar of suits in civil courts 68. Notice, etc., not to be invalid on certain grounds 69. Recovery of fine or penalty 70. Offences by companies 71. Act to have overriding effect 72. Continuation of proceedings in the event of death or insolvency 72A. Inter-ministerial Co-ordination Committee 73. Power to make rules 74. Rules to be laid before Parliament 75. Power to remove difficulties THE SCHEDULE AppendicesAppendix 1 Prevention of Money-Laundering Act, 2002Appendix 2 Prevention of Money-Laundering (Appeal) Rules, 2005Appendix 3 Prevention of Money-Laundering (Forms, Search and Seizure or Freezing and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) Rules, 2005Appendix 4 Prevention of Money-Laundering (Maintenance of Records) Rules, 2005Appendix 5 Prevention of Money Laundering (Manner of Receiving the Records Authenticated Outside India) Rules, 2005Appendix 6 Prevention of Money-Laundering (Receipt and Management of Confiscated Properties) Rules, 2005Appendix 7 Prevention of Money Laundering (The Forms and the Manner of Forwarding a Copy of Order of Arrest of a Person along with the Material to the Adjudicating Authority and its Period of Retention) Rules, 2005Appendix 8 Prevention of Money-Laundering (The Manner of Forwarding a Copy of the Order of Provisional Attachment of Property along with the Material, and Copy of the Reasons along with the Material in Respect of Survey, to the Adjudicating Authority and its Period of Retention) Rules, 2005Appendix 9 Prevention of Money Laundering (The Manner of Forwarding a copy of the Order of Retention of Seized Property along with the Material to the Adjudicating Authority and the Period of its Retention) Rules, 2005Appendix 10 Prevention of Money-Laundering (Appointment and Conditions of Service of Chairperson and Members of Adjudicating Authorities) Rules, 2007Appendix 11 Adjudicating Authority (Procedure) Regulations, 2013Appendix 12 Prevention of Money-Laundering (Issuance of Provisional Attachment Order) Rules, 2013Appendix 13 Prevention of Money-Laundering (Taking Possession of Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013Appendix 14 Prevention of Money-Laundering (Restoration of Property)