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Contents
Part I - Provisions at a Glance
Part II - Bird’s-Eye View of the Act
Part III - Interpretation of a Penal Statute
Part IV - The Prevention of Money-Laundering Act, 2002
Chapter 1. Preliminary
1. Short title, extent and commencement
2. Definitions
Chapter 2. Offence of Money-Laundering
3. Offence of money-laundering
4. Punishment for money-laundering
Chapter 3. Attachment, Adjudication and Confiscation
5. Attachment of property involved in money-laundering
6. Adjudicating Authorities, composition, powers etc.
7. Staff of Adjudicating Authorities
8. Adjudication
9. Vetting of property in Central Government
10. Management of properties confiscated under this Chapter
11. Power regarding summons, production of documents and evidence, etc.,
Chapter 4. Obligations of Banking Companies, Financial Institutions and Intermediaries
12. Banking companies, financial institutions and intermediaries to maintain records
13. Powers of director to impose fine
14. No civil proceedings against banking companies, financial institutions,
etc., in certain cases.
15. Procedure and manner of furnishing information by banking company,
financial institution and intermediary
Chapter 5. Summons, 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 6. Appellate Tribunal
25. Establishment of Appellate Tribunal
26. Appeals to Appellate Tribunal
27. Composition etc.,of appellate Tribunal
28. Qualifications for appointment
29. Omitted - 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 Chairperson to transfer cases
38. Decision to be by majority
39. Right of appellant to take assistance of authorized 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 7. Special Courts
43. Special Courts
44. Offences triable by Special Courts
45. Offences to be cognizable and non-bailable
46. Application of Code of Criminal Procedure, 1973 to proceedings before Special Court
47. Appeal and revision
Chapter 8. Authorities
48. Authorities under 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 9. Reciprocal Arrangement for Assistance in certain Matters and Procedure
for attachment and Confiscation of property
55. Definitions
56. Agreements with foreign countries
57. Letters of request to a contracting state in certain cases
58. Assistance to a Contracting state in certain cases
59. Reciprocal arrangements for processes and assistance for transfer
of accused person
60. Attachment, seizure and confiscation, etc., of property in a contracting state or India
61. Procedure in respect of letter of request
Chapter 10. Miscellaneous
62. Punishment for Vexatious search
63. Punishment for false information of 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. Recover of fines
70. Offences by companies
71. Act to have overriding effect
72. Continuation of proceedings in the event of death or insolvency
73. Power to make rules
74. Rules to be laid before Parliament
75. Power to remove difficulties
Schedule
Appendix
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Author Details
The Author Tushar V. Shah is a practicing Advocate & Solicitor in Mumbai. In the course of twenty five years' of his practice, he got opportunities to learn about provisions of Special Acts like Foreign Exchange Regulation Act, Foreign Exchange Management Act, Customs Act, Imports & Exports (Control) Act, Foreign Trade (Development and Regulation) Act, COFEPOSA, SAFEMA, and of prosecutions launched thereunder by Enforcement, CBI and other agencies. The Author has keen interest in the fields of Banking Law and Forensics issues in criminal matters. The Author expects that the readers would gain confabulatory pleasure in reading this book. The book will be of utility to the legal fraternity, Chartered Accountants, other professionals, bankers and stock-security dealers.
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