Search Results on rules for query: "The Prevention of Money-laundering(Forms, Search and Seizure or Freezing "
Related Section(s)(1) Where 1[the Director or any other officer not below the rank of Deputy
Director authorised by him for the purposes of this section,] on the basis of information in his possession,
has reason to believe (the reason for such belief to be recorded in writing) that any person--
(i) has committed any act which constitutes money-laundering, or (ii) is in possession of any proceeds of crime involved in money-laundering, or (iii) is in possession of any records relating to money-laundering,2[or] 2[(iv) is in possession of any property related to crime,] then, subject to the rules made in this behalf, he may authorise any officer subordinate to him to-- (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; (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; (c) seize any record or property found as a result of such search; (d) place marks of identification on such record or2[property, if required or] make or cause to be made extracts or copies therefrom; (e) make a note or an inventory of such record or property; (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: 3* * * * * 4[(1A) Where it is not practicable to seize such record or property, the officer authorised under sub-section (1), may make an order to freeze such property whereupon the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned: Provided that if, at any time before its confiscation under sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60, it becomes practical to seize a frozen property, the officer authorised under sub-section (1) may seize such property.] (2) The authority, who has been authorised under sub-section (1) shall, immediately after search and seizure 5[or upon issuance of a freezing order], forward a copy of the reasons so recorded along with material in his possession, referred to in that sub-section, to the Adjudicating Authority in a sealed envelope, in the manner, as may be prescribed and such Adjudicating Authority shall keep such reasons and material for such period, as may be prescribed. (3) Where an authority, upon information obtained during survey under section 16, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or place where such evidence is located and seize that evidence: Provided that no authorisation referred to in sub-section (1) shall be required for search under this sub-section. 6[(4) The authority seizing any record or property under sub-section (1) or freezing any record or property under sub-section (1A) shall, within a period of thirty days from such seizure or freezing, as the case may be, file an application, requesting for retention of such record or property seized under sub-section (1) or for continuation of the order of freezing served under sub-section (1A), before the Adjudicating Authority.]
1 Subs. by Act 21 of 2009, s. 7, for the Director (w.e.f. 1-6-2009).
2. Ins. by Act 2 of 2013, s. 14 (w.e.f. 15-2-2013). 3. The Proviso omitted by Act 23 of 2019, s. 197 (w.e.f. 1-8-2019). 4. Ins. by s. 14, ibid. (w.e.f. 15-2-3013). 5. Ins. by Act 2 of 2013, s. 14 (w.e.f. 15-2-2013). 6. Subs. by s. 14, ibid., for sub-section (4) (w.e.f. 15-2-2013). (1) Where 1[the Director or any other officer not below the rank of Deputy
Director authorised by him for the purposes of this section,] on the basis of information in his possession,
has reason to believe (the reason for such belief to be recorded in writing) that any person--
(i) has committed any act which constitutes money-laundering, or (ii) is in possession of any proceeds of crime involved in money-laundering, or (iii) is in possession of any records relating to money-laundering,2[or] 2[(iv) is in possession of any property related to crime,] then, subject to the rules made in this behalf, he may authorise any officer subordinate to him to-- (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; (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; (c) seize any record or property found as a result of such search; (d) place marks of identification on such record or2[property, if required or] make or cause to be made extracts or copies therefrom; (e) make a note or an inventory of such record or property; (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: 3* * * * * 4[(1A) Where it is not practicable to seize such record or property, the officer authorised under sub-section (1), may make an order to freeze such property whereupon the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned: Provided that if, at any time before its confiscation under sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60, it becomes practical to seize a frozen property, the officer authorised under sub-section (1) may seize such property.] (2) The authority, who has been authorised under sub-section (1) shall, immediately after search and seizure 5[or upon issuance of a freezing order], forward a copy of the reasons so recorded along with material in his possession, referred to in that sub-section, to the Adjudicating Authority in a sealed envelope, in the manner, as may be prescribed and such Adjudicating Authority shall keep such reasons and material for such period, as may be prescribed. (3) Where an authority, upon information obtained during survey under section 16, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or place where such evidence is located and seize that evidence: Provided that no authorisation referred to in sub-section (1) shall be required for search under this sub-section. 6[(4) The authority seizing any record or property under sub-section (1) or freezing any record or property under sub-section (1A) shall, within a period of thirty days from such seizure or freezing, as the case may be, file an application, requesting for retention of such record or property seized under sub-section (1) or for continuation of the order of freezing served under sub-section (1A), before the Adjudicating Authority.]
1 Subs. by Act 21 of 2009, s. 7, for the Director (w.e.f. 1-6-2009).
2. Ins. by Act 2 of 2013, s. 14 (w.e.f. 15-2-2013). 3. The Proviso omitted by Act 23 of 2019, s. 197 (w.e.f. 1-8-2019). 4. Ins. by s. 14, ibid. (w.e.f. 15-2-3013). 5. Ins. by Act 2 of 2013, s. 14 (w.e.f. 15-2-2013). 6. Subs. by s. 14, ibid., for sub-section (4) (w.e.f. 15-2-2013). 1[20.Retention of property.--(1) Where any property has been seized under section 17 or section 18
or frozen under sub-section (1A) of section 17 and the officer authorised by the Director in this behalf has,
on the basis of material in his possession, reason to believe (the reason for such belief to be recorded by
him in writing) that such property is required to be retained for the purposes of adjudication under section
8, such property may, if seized, be retained or if frozen, may continue to remain frozen, for a period not
exceeding one hundred and eighty days from the day on which such property was seized or frozen, as the
case may be.
(2) The officer authorised by the Director shall, immediately after he has passed an order for retention or continuation of freezing of the property for purposes of adjudication under section 8, forward a copy of the order along with the material in his possession, referred to in sub-section (1), to the Adjudicating Authority, in a sealed envelope, in the manner as may be prescribed and such Adjudicating Authority shall keep such order and material for such period as may be prescribed. (3) On the expiry of the period specified in sub-section (1), the property shall be returned to the person from whom such property was seized or whose property was ordered to be frozen unless the Adjudicating Authority permits retention or continuation of freezing of such property beyond the said period. (4) The Adjudicating Authority, before authorising the retention or continuation of freezing of such property beyond the period specified in sub-section (1), shall satisfy himself that the property is prima facie involved in money-laundering and the property is required for the purposes of adjudication under section 8. (5) After passing the order of confiscation under sub-section (5) or sub-section (7) of section 8, 2[Special Court], shall direct the release of all property other than the property involved in money-laundering to the person from whom such property was seized or the persons entitled to receive it. (6) Where an order releasing the property has been made by the 3[Special Court] under sub-section (6) of section 8 or by the Adjudicating Authority under section 58B or sub-section (2A) of section 60, the Director or any officer authorised by him in this behalf may withhold the release of any such property for a period of ninety days from the date of4[receipt of] such order, if he is of the opinion that such property is relevant for the appeal proceedings under this Act.]
1. Subs. by Act 2 of 2013, s.16, for sections 20 and 21 (w.e.f. 15-2-2013).
2. Subs. by Act 20 of 2015, s. 148, for "the Court or the Adjudicating Authority, as the case may be" (w.e.f. 14-5-2015). 3. Subs. by s. 148, ibid., for "Court" (w.e.f. 14-5-2015). 4. Ins. by s. 148, ibid. (w.e.f. 14-5-2015). 1[20.Retention of property.--(1) Where any property has been seized under section 17 or section 18
or frozen under sub-section (1A) of section 17 and the officer authorised by the Director in this behalf has,
on the basis of material in his possession, reason to believe (the reason for such belief to be recorded by
him in writing) that such property is required to be retained for the purposes of adjudication under section
8, such property may, if seized, be retained or if frozen, may continue to remain frozen, for a period not
exceeding one hundred and eighty days from the day on which such property was seized or frozen, as the
case may be.
(2) The officer authorised by the Director shall, immediately after he has passed an order for retention or continuation of freezing of the property for purposes of adjudication under section 8, forward a copy of the order along with the material in his possession, referred to in sub-section (1), to the Adjudicating Authority, in a sealed envelope, in the manner as may be prescribed and such Adjudicating Authority shall keep such order and material for such period as may be prescribed. (3) On the expiry of the period specified in sub-section (1), the property shall be returned to the person from whom such property was seized or whose property was ordered to be frozen unless the Adjudicating Authority permits retention or continuation of freezing of such property beyond the said period. (4) The Adjudicating Authority, before authorising the retention or continuation of freezing of such property beyond the period specified in sub-section (1), shall satisfy himself that the property is prima facie involved in money-laundering and the property is required for the purposes of adjudication under section 8. (5) After passing the order of confiscation under sub-section (5) or sub-section (7) of section 8, 2[Special Court], shall direct the release of all property other than the property involved in money-laundering to the person from whom such property was seized or the persons entitled to receive it. (6) Where an order releasing the property has been made by the 3[Special Court] under sub-section (6) of section 8 or by the Adjudicating Authority under section 58B or sub-section (2A) of section 60, the Director or any officer authorised by him in this behalf may withhold the release of any such property for a period of ninety days from the date of4[receipt of] such order, if he is of the opinion that such property is relevant for the appeal proceedings under this Act.]
1. Subs. by Act 2 of 2013, s.16, for sections 20 and 21 (w.e.f. 15-2-2013).
2. Subs. by Act 20 of 2015, s. 148, for "the Court or the Adjudicating Authority, as the case may be" (w.e.f. 14-5-2015). 3. Subs. by s. 148, ibid., for "Court" (w.e.f. 14-5-2015). 4. Ins. by s. 148, ibid. (w.e.f. 14-5-2015). (1) The Director shall, for the purposes of section 13, have the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following
matters, namely:--
(a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a 1[reporting entity] and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. (2) The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this Act. (3) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (4) Every proceeding under sub-sections (2) and (3) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). (5) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this Act: Provided that an Assistant Director or a Deputy Director shall not-- (a) impound any records without recording his reasons for so doing; or (b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the 2[Joint Director].
1. Subs. by Act 2 of 2013, s. 22, for "banking company or a financial institution or a company," (w.e.f. 15-2-2013).
2. Subs. by Act 13 of 2018, s. 208, for "Director" (w.e.f. 19-4-2018).
(1) The Director shall, for the purposes of section 13, have the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following
matters, namely:--
(a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a 1[reporting entity] and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. (2) The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this Act. (3) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (4) Every proceeding under sub-sections (2) and (3) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). (5) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this Act: Provided that an Assistant Director or a Deputy Director shall not-- (a) impound any records without recording his reasons for so doing; or (b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the 2[Joint Director].
1. Subs. by Act 2 of 2013, s. 22, for "banking company or a financial institution or a company," (w.e.f. 15-2-2013).
2. Subs. by Act 13 of 2018, s. 208, for "Director" (w.e.f. 19-4-2018).
(1) If an authority, authorised in this behalf by the Central Government by
general or special order, has reason to believe (the reason for such belief to be recorded in writing) that
any person has secreted about his person or in anything under his possession, ownership or control, any
record or proceeds of crime which may be useful for or relevant to any proceedings under this Act, he
may search that person and seize such record or property which may be useful for or relevant to any
proceedings under this Act:
1* * * * * (2) The authority, who has been authorised under sub-section (1) shall, immediately after search and seizure, forward a copy of the reasons so recorded along with material in his possession, referred to in that sub-section, to the Adjudicating Authority in a sealed envelope, in the manner, as may be prescribed and such Adjudicating Authority shall keep such reasons and material for such period, as may be prescribed. (3) Where an authority is about to search any person, he shall, if such person so requires, take such person within twenty-four hours to the nearest Gazetted Officer, superior in rank to him, or a Magistrate: Provided that the period of twenty-four hours shall exclude the time necessary for the journey undertaken to take such person to the nearest Gazetted Officer, superior in rank to him, or Magistrates Court. (4) If the requisition under sub-section (3) is made, the authority shall not detain the person for more than twenty-four hours prior to taking him before the Gazetted Officer, superior in rank to him, or the Magistrate referred to in that sub-section: Provided that the period of twenty-four hours shall exclude the time necessary for the journey from the place of detention to the office of the Gazetted Officer, superior in rank to him, or the Magistrates Court. (5) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge such person but otherwise shall direct that search be made. (6) Before making the search under sub-section (1) or sub-section (5), the authority shall call upon two or more persons to attend and witness the search, and the search shall be made in the presence of such persons. (7) The authority shall prepare a list of record or property seized in the course of the search and obtain the signatures of the witnesses on the list. (8) No female shall be searched by any one except a female. (9) The authority shall record the statement of the person searched under sub-section (1) or sub-section (5) in respect of the records or proceeds of crime found or seized in the course of the search: 2* * * * * (10) The authority, seizing any record or property under sub-section (1) shall, within a period of thirty days from such seizure, file an application requesting for retention of such record or property, before the Adjudicating Authority.
1. The proviso omitted by Act 23 of 2019, s. 198 (w.e.f. 1-8-2019).
2. The proviso omitted by Act 21 of 2009 s. 8 (w.e.f. 1-6-2009). (1) If an authority, authorised in this behalf by the Central Government by
general or special order, has reason to believe (the reason for such belief to be recorded in writing) that
any person has secreted about his person or in anything under his possession, ownership or control, any
record or proceeds of crime which may be useful for or relevant to any proceedings under this Act, he
may search that person and seize such record or property which may be useful for or relevant to any
proceedings under this Act:
1* * * * * (2) The authority, who has been authorised under sub-section (1) shall, immediately after search and seizure, forward a copy of the reasons so recorded along with material in his possession, referred to in that sub-section, to the Adjudicating Authority in a sealed envelope, in the manner, as may be prescribed and such Adjudicating Authority shall keep such reasons and material for such period, as may be prescribed. (3) Where an authority is about to search any person, he shall, if such person so requires, take such person within twenty-four hours to the nearest Gazetted Officer, superior in rank to him, or a Magistrate: Provided that the period of twenty-four hours shall exclude the time necessary for the journey undertaken to take such person to the nearest Gazetted Officer, superior in rank to him, or Magistrates Court. (4) If the requisition under sub-section (3) is made, the authority shall not detain the person for more than twenty-four hours prior to taking him before the Gazetted Officer, superior in rank to him, or the Magistrate referred to in that sub-section: Provided that the period of twenty-four hours shall exclude the time necessary for the journey from the place of detention to the office of the Gazetted Officer, superior in rank to him, or the Magistrates Court. (5) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge such person but otherwise shall direct that search be made. (6) Before making the search under sub-section (1) or sub-section (5), the authority shall call upon two or more persons to attend and witness the search, and the search shall be made in the presence of such persons. (7) The authority shall prepare a list of record or property seized in the course of the search and obtain the signatures of the witnesses on the list. (8) No female shall be searched by any one except a female. (9) The authority shall record the statement of the person searched under sub-section (1) or sub-section (5) in respect of the records or proceeds of crime found or seized in the course of the search: 2* * * * * (10) The authority, seizing any record or property under sub-section (1) shall, within a period of thirty days from such seizure, file an application requesting for retention of such record or property, before the Adjudicating Authority.
1. The proviso omitted by Act 23 of 2019, s. 198 (w.e.f. 1-8-2019).
2. The proviso omitted by Act 21 of 2009 s. 8 (w.e.f. 1-6-2009). (1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the form in which records referred to in this Act may be maintained; 1[(aa) the manner of provisional attachment of property under sub-section (1) of section 5;] (b) the manner in which the order and the material referred to in sub-section (2) of section 5 to be maintained; (c) matters in respect of experience of Members under sub-section (3) of section 6; (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; (e) the salaries and allowances payable to and other terms and conditions of service of the officers and employees of the Adjudicating Authority under sub-section (3) of section 7; 2[(ee) the manner of seizing or taking possession of property attached under section 5 or frozen under sub-section (1A) of section 17 or under sub-section (4) of section 8;] (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; (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; 3* * * * * (i) 4[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; 5***** 6[(jja) the manner and the conditions in which authentication of the identity of clients shall be verified by the reporting entities under clause (a) of sub-section (1) of section 12AA;] (jjb) the manner of identifying the ownership and financial position of the client under clause (b) of sub-section (1) of section 12AA; (jjc) additional steps to record the purpose behind conducting the specified transaction and the intended nature of the relationship between the transaction parties under clause (c) of sub-section (1) of section 12AA; (jjd) manner of increasing the future monitoring under sub-section (3) of section 12AA.] (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;] (k) the procedure and the manner of maintaining and furnishing information under sub-section (1) of section 12 as required under section 15; (l) the manner in which the reasons and the material referred to in sub-section (2) of section 16 shall be maintained; (m) the rules relating to search and seizure under sub-section (1) of section 17; (n) the manner in which the reasons and the material referred to in sub-section (2) of section 17 shall be maintained; (o) the manner in which the reasons and the material referred to in sub-section (2) of section 18 shall be maintained; (p) the manner in which the order and the material referred to in sub-section (2) of section 19 shall be maintained; 2[(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;] (q) the manner in which records authenticated outside India may be received under sub-section (2) of section 22; (r) the form of appeal and the fee for filing such appeal, under sub-section (3) of section 26; 6* * * * * (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; 7[(ua) conditions subject to which a police officer may be authorised to investigate into an offence under sub-section (1A) of section 45; (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; (w) the rules relating to impounding and custody of records under sub-section (5) of section 50; (x) any other matter which is required to be, or may be, prescribed.
1. Ins. by s. 29, ibid. (w.e.f. 15-2-2013).
2. Ins. by Act 2 of 2013, s. 29 (w.e.f. 15-2-2013). 3. Clause (h) omitted by s. 29, ibid. (w.e.f. 15-2-2013). 4. Subs. by s. 29, ibid., for the time within which (w.e.f. 15-2-2013). 5. Clauses (j) and (jj) omitted by Act 14 of 2019, s. 29 (w.e.f. 25-07-2019). 6. Ins. by Act 23 of 2019, s. 202 (w.e.f. 1-8-2019). 6. Clauses (s) and (t) omitted by Act 28 of 2016, s. 232 (w.e.f. 1-6-2016). 7. Ins. by Act 20 of 2005, s. 8 (w.e.f. 1-7-2005). |
