Prevention Of Money Laundering Act 2002 PDF

# Prevention of Money Laundering Act, 2002 ## Arrangement of Sections | Section | Chapter | Page | |---|---|---| | 1 | Short title, extent and commencement | 2.7 | | 2 | Definitions | 2.7 | | 3 | Offence of money-laundering | 2.10 | | 4 | Punishment for money-laundering | 2.10 | | 5 | Attachment o...

# Prevention of Money Laundering Act, 2002 ## Arrangement of Sections | Section | Chapter | Page | |---|---|---| | 1 | Short title, extent and commencement | 2.7 | | 2 | Definitions | 2.7 | | 3 | Offence of money-laundering | 2.10 | | 4 | Punishment for money-laundering | 2.10 | | 5 | Attachment of property involved in money-laundering | 2.10 | | 6 | Adjudicating Authorities, composition, powers, etc. | 2.12 | | 7 | Staff of Adjudicating Authorities | 2.14 | | 8 | Adjudication | 2.14 | | 9 | Vesting of property in Central Government | 2.15 | | 10 | Management of properties confiscated under this Chapter | 2.16 | | 11 | Power regarding summons, production of documents and evidence, etc. | 2.16 | | 12 | Banking companies, financial institutions and intermediaries to maintain records | 2.17 | | 13 | Powers of director to impose fine | 2.17 | | 14 | No civil proceedings against banking companies, financial institutions, etc., in certain cases | 2.18 | | 15 | Procedure and manner of furnishing information by banking company, financial institution and intermediary | 2.18 | | 16 | Power of survey | 2.18 | | 17 | Search and seizure | 2.19 | | 18 | Search of persons | 2.20 | | 19 | Power to arrest | 2.22 | | 20 | Retention of property | 2.22 | | 21 | Retention of records | 2.23 | | 22 | Presumption as to records or property in certain cases | 2.24 | | 23 | Presumption in inter-connected transactions | 2.24 | | 24 | Burden of proof | 2.25 | | 25 | Establishment of Appellate Tribunal | 2.25 | | 26 | Appeals to Appellate Tribunal | 2.25 | | 27 | Composition, etc., of Appellate Tribunal | 2.26 | | 28 | Qualifications for appointment | 2.26 | | 29 | Term of office | 2.27 | | 30 | Conditions of service | 2.27 | | 31 | Vacancies | 2.27 | | 32 | Resignation and removal | 2.28 | | 33 | Member to act as Chairperson in certain circumstances | 2.28 | | 34 | Staff of Appellate Tribunal | 2.28 | | 35 | Procedure and powers of Appellate Tribunal | 2.28 | | 36 | Distribution of business amongst Benches | 2.29 | | 37 | Power of Chairperson to transfer cases | 2.30 | | 38 | Decision to be by majority | 2.30 | | 39 | Right of appellant to take assistance of authorised representative and of Government to appoint presenting officers | 2.30 | | 40 | Members, etc., to be public servants | 2.30 | | 41 | Civil Court not to have jurisdiction | 2.30 | | 42 | Appeal to High Court | 2.31 | | 43 | Special Courts | 2.31 | | 44 | Offences triable by Special Courts | 2.31 | | 45 | Offences to be cognizable and non-bailable | 2.32 | | 46 | Application of Code of Criminal Procedure, 1973 to proceedings before Special Court | 2.33 | | 47 | Appeal and revision | 2.33 | | 48 | Authorities under Act | 2.33 | | 49 | Appointment and powers of authorities and other officers | 2.34 | | 50 | Powers of authorities regarding summons, production of documents and to give evidence, etc. | 2.34 | | 51 | Jurisdiction of authorities | 2.35| | 52 | Power of Central Government to issue directions, etc. | 2.35 | | 53 | Empowerment of certain officers | 2.36 | | 54 | Certain officers to assist in inquiry, etc. | 2.36 | | 55 | Definitions | 2.36 | | 56 | Agreements with foreign countries | 2.37 | | 57 | Letters of request to a contracting State in certain cases | 2.37 | | 58 | Assistance to a contracting State in certain cases | 2.38 | | 59 | Reciprocal arrangements for processes and assistance for transfer of accused persons | 2.38 | | 60 | Attachment, seizure and confiscation, etc., of property in a contracting State or India | 2.39 | | 61 | Procedure in respect of letter of request | 2.40 | | 62 | Punishment for vexatious search | 2.40 | | 63 | Punishment for false information or failure to give information, etc. | 2.40 | | 64 | Cognizance of offences | 2.41 | | 65 | Code of Criminal Procedure, 1973 to apply | 2.41 | | 66 | Disclosure of information | 2.41 | | 67 | Bar of suits in civil courts | 2.42 | | 68 | Notice, etc., not to be invalid on certain grounds | 2.42 | | 69 | Recovery of fines | 2.42 | | 70 | Offences by companies | 2.42 | | 71 | Act to have overriding effect | 2.43 | | 72 | Continuation of proceedings in the event of death or insolvency | 2.43 | | 73 | Power to make rules | 2.44 | | 74 | Rules to be laid before Parliament | 2.46 | | 75 | Power to remove difficulties | 2.46 | ## Schedule ### Part A #### Paragraph 1 *Offences Under The Indian Penal Code* | Section | Description of offence | |---|---| | 121 | Waging, or attempting to wage war or abetting waging of war, against the Government of India. | | 121A | Conspiracy to commit offences punishable by section 121 against the State. | #### Paragraph 2 *Offences Under The Narcotic Drugs and Psychotropic Substances Act, 1985* | Section | Description of offence | |---|---| | 15 | Contravention in relation to poppy straw. | | 18 | Contravention in relation to opium poppy and opium. | | 20 | Contravention in relation to cannabis plant and cannabis. | | 22 | Contravention in relation to psychotropic substances. | | 23 | Illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances. | | 24 | External dealings in narcotic drugs and psychotropic substances in contravention of section 12 of the Narcotic Drugs and Psychotropic Substances Act, 1985. | | 25A | Contravention of orders made under section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985. | | 27A | Financing illicit traffic and harbouring offenders. | | 29 | Abetment and criminal conspiracy. | ### Part B #### Paragraph 1 *Offences Under The Indian Penal Code* | Section | Description of offence | |---|---| | 302 | Murder. | | 304 | Culpable homicide not amounting to murder, if act by which the death is caused is done with the intention of causing death. | | 307 | Attempt to murder. | | 308 | Attempt to commit culpable homicide. | | 327 | Voluntary causing hurt to extort property, or a valuable security, or to constrain to do anything which is illegal or which may facilitate the commission of the offence. | | 329 | Voluntary causing grievous hurt to extort property, or a valuable security, or to constrain to do anything which is illegal or which may facilitate the commission of the offence. | | 364A | Kidnapping for ransom, etc. | | 384 to 389 | Offences relating to extortion. | | 392 to 402 | Offences relating to robbery and dacoity. | | 467 | Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. | | 489A | Counterfeiting currency notes or bank notes. | | 489B | Using as genuine, forged or counterfeit currency notes or bank notes | #### Paragraph 2 *Offences Under The Arms Act, 1959* | Section | Description of offence | |---|---| | 25 | To manufacture, sell, transfer, convert, repair or test or prove or expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5 of the Arms Act, 1959. | | 25 | To acquire, have in possession or carry any prohibited arms or prohibited ammunition in contravention of section 7 of the Arms Act, 1959. | | 25 | Contravention of section 24A of the Arms Act, 1959 relating to prohibition as to possession of notified arms in disturbed areas, etc. | | 25 | Contravention of section 24B of the Arms Act, 1959 relating to prohibition as to carrying of notified arms in or through public places in disturbed areas. | | 25 | Other offences specified in section 25. | | 26 | To do any act in contravention of any provisions of section 3, 4, 10 or 12 of the Arms Act, 1959 in such manner as specified in sub-section (1) of section 26 of the said Act. | | 26 | To do any act in contravention of any provisions of section 5, 6, 7 or 11 of the Arms Act, 1959 in such manner as specified in sub-section (2) of section 26 of the said Act. | | 26 | Other offences specified in section 26. | #### Paragraph 3 *Offences Under The Wild Life (Protection) Act, 1972* | Section | Description of offence | |---|---| | 51 - read with section 17A | Contravention of provisions of section 17A relating to prohibition of picking, uprooting, etc., of specified plants. | | 51 - read with section 39 | Contravention of provisions of section 39 relating to wild animals, etc., to be Government property. | | 51 - read with section 44 | Contravention of provisions of section 44 relating to dealings in trophy and animal articles without licence prohibited. | | 51 - read with section 48 | Contravention of provisions of section 48 relating to purchase of animal, etc., by licensee. | | 51 - read with section 49B | Contravention of provisions of section 49B relating to prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals. | #### Paragraph 4 *Offences Under The Immoral Traffic (Prevention) Act, 1956* | Section | Description of offence | |---|---| | 5 | Procuring, inducing or taking person for the sake of prostitution. | | 6 | Detaining a person in premises where prostitution is carried on. | | 8 | Seducing or Soliciting for purpose of prostitution. | | 9 | Seduction of a person in custody. | #### Paragraph 5 *Offences Under The Prevention of Corruption Act, 1988* | Section | Description of offence | |---|---| | 7 | Public servant taking gratification other than legal remuneration in respect of an official Act. | | 8 | Taking gratification in order, by corrupt or illegal means, to influence public servant. | | 9 | Taking gratification for exercise of personal influence, with public servant. | | 10 | Abetment by public servant of offences defined in section 8 or section 9 of the Prevention of Corruption Act, 1988. |