THE PREVENTION OF MONEY-LAUNDERING ACT, 2002
ACT NO. 15 OF 2003
[17th January 2003.]
An Act to prevent money-laundering and to provide for confiscation of
property derived from, or involved in, money-laundering and for
matters connected therewith or incidental thereto.
WHEREAS the Political Declaration and Global Programme of Action,
annexed to the resolution S-17/2 was adopted by the General Assembly
of the United Nations at its seventeenth special session on the
twenty-third day of February, 1990;
AND WHEREAS the Political Declaration adopted by the Special Session
of the United Nations General Assembly held on 8th to 10th June, 1998
calls upon the Member States to adopt national money-laundering
legislation and programme;
AND WHEREAS it is considered necessary to implement the aforesaid
resolution and the Declaration.
BE it enacted by Parliament in the Fifty-third Year of the Republic of
India as follows:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement.-(1) This Act may be called
the Prevention of Money-laundering Act, 2002.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint, and different
dates may be appointed for different provisions of this Act and any
reference in any such provision to the commenceme t of this Act shall
be construed as a reference to the coming into force of that
provision.
2.
Definitions.
2. Definitions.-(1) In this Act, unless the context otherwise
requires,-
(a) "Adjudicating Authority" means an Adjudicating Authority appointed
under sub-section (1) of section 6;
(b) "Appellate Tribunal" means the Appellate Tribunal established
under section 25;
(c) "Assistant Director" means an Assistant Director appointed under
sub-section (1) of section 49;
(d) "attachment" means prohibition of transfer, conversion,
disposition or movement of property by an order issued under Chapter
III;
(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;
(f) "Bench" means a Bench of the Appellate Tribunal;
(g) "Chairperson" means the Chairperson of the Appellate Tribunal;
(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);
(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);
(j) "Deputy Director" means a Deputy Director appointed under
sub-section (1) of section 49;
(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;
(l) "financial institution" means a financial institution as defined
in clause (c) of section 45-I of the Reserve Bank of India Act, 1934
(2 of 1934) and includes a chit fund company, a co-operative bank, a
housing finance institution and a non-banking f nancial company;
(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) "intermediary" means 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 and any other intermediary associated with ecurities market
and registered under section 12 of the Securities and Exchange Board
of India Act, 1992 (57 of 1992);
(o) "Member" means a Member of the Appellate Tribunal and includes the
Chairperson;
(p) "money-laundering" has the meaning assigned to it in section 3;
(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);
(r) "notification" means a notification published in the Official
Gazette;
(s) "person" includes-
(i) an individual,
(ii) a Hindu undivided family,
(iii) a company,
(iv) a firm,
(v) an association of persons or a body of individuals, whether
incorporated or not,
(vi) every artificial juridical person not falling within any of the
preceding sub-clauses, and
(vii) any agency, office or branch owned or controlled by any of the
above persons mentioned in the preceding sub-clauses;
(t) "prescribed" means prescribed by rules made under this Act;
(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;
(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 loc ted;
(w) "records" include the records maintained in the form of books or
stored in a computer or such other form as may be prescribed;
(x) "Schedule" means the Schedule to this Act;
(y) "scheduled offence" means-
(i) the offences specified under Part A of the Schedule; or
(ii) the offences specified under Part B of the Schedule if the total
value involved in such offences is thirty lakh rupees or more;
(z) "Special Court" means a Court of Session designated as Special
Court under sub-section (1) of section 43;
(za) "transfer" includes sale, purchase, mortgage, pledge, gift, loan
or any other form of transfer of right, title, possession or lien;
(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.
(2) Any reference, in this Act or the Schedule, to any enactment or
any provision thereof shall, in relation to an area in which such
enactment or such provision is not in force, be construed as a
reference to the corresponding law or the relevant provis ons of the
corresponding law, if any, in force in that area.
CHAP
OFFENCE OF MONEY-LAUNDERING
CHAPTER II
OFFENCE OF MONEY-LAUNDERING
3.
Offence of money-laundering.
3. Offence of money-laundering.-Whosoever directly or indirectly
attempts to indulge or knowingly assists or knowingly is a party or is
actually involved in any process or activity connected with the
proceeds of crime and projecting it as untainted prope ty shall be
guilty of offence of money-laundering.
4.
Punishment for money-laundering.
4. Punishment for money-laundering.-Whoever commits the offence of
money-laundering shall be punishable with rigorous imprisonment for a
term which shall not be less than three years but which may extend to
seven years and shall also be liable to fine w ich may extend to five
lakh rupees:
Provided that where the proceeds of crime involved in money-laundering
relates to any offence specified under paragraph 2 of Part A of the
Schedule, the provisions of this section shall have effect as if for
the words "which may extend to seven years", t e words "which may
extend to ten years" had been substituted.
CHAP
ATTACHMENT, ADJUDICATION AND CONFISCATION
CHAPTER III
ATTACHMENT, ADJUDICATION AND CONFISCATION
5.
Attachment of property involved in money-laundering.
5. Attachment of property involved in money-laundering.-(1) Where the
Director, or any other officer not below the rank of Deputy Director
authorised by him for the purposes of this section, has reason to
believe (the reason for such belief to be recorde in writing), on the
basis of material in his possession, that-
(a) any person is in possession of any proceeds of crime;
(b) such person has been charged of having committed a scheduled
offence; and
(c) 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 ninety days from the date of the order, in the
manner provided in the Second Schedule to the Income-tax Act, 1961 (43
of 1961) and the Director or the other office so authorised by him, as
the case may be, shall be deemed to be an officer under sub-rule (e)
of rule 1 of that Schedule:
Provided that no such order of attachment shall be made unless, in
relation to an offence under-
(i) Paragraph 1 of Part A and Part B of the Schedule, a report has
been forwarded to a Magistrate under section 173 of the Code of
Criminal Procedure, 1973 (2 of 1974); or
(ii) Paragraph 2 of Part A of the Schedule, a police report or a
complaint has been filed for taking cognizance of an offence by the
Special Court constituted under sub-section (1) of section 36 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).
(2) The Director, or any other officer not below the rank of Deputy
Director, shall, immediately after attachment under sub-section (1),
forward a copy of the order, along with the material in his
possession, referred to in that sub-section, to the Adjud cating
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) Every order of attachment made under sub-section (1) shall cease
to have effect after the expiry of the period specified in that
sub-section or on the date of an order made under sub-section (2) of
section 8, whichever is earlier.
(4) Nothing in this section shall prevent the person interested in the
enjoyment of the immovable property attached under sub-section (1)
from such enjoyment.
Explanation.-For the purposes of this sub-section, "person
interested", in relation to any immovable property, includes all
persons claiming or entitled to claim any interest in the property.
(5) The Director or any other officer who provisionally attaches any
property under sub-section (1) shall, within a period of thirty days
from such attachment, file a complaint stating the facts of such
attachment before the Adjudicating Authority.
6.
Adjudicating Authorities, composition, powers, etc.
6. Adjudicating Authorities, composition, powers, etc.-(1) The
Central Government shall, by notification, appoint one or more
Adjudicating Authorities to exercise jurisdiction, powers and
authority conferred by or under this Act.
(2) An Adjudicating Authority shall consist of a Chairperson and two
other Members:
Provided that one Member each shall be a person having experience in
the field of law, administration, finance or accountancy.
(3) A person shall, however, not be qualified for appointment as
Member of an Adjudicating Authority,-
(a) in the field of law, unless he-
(i) is qualified for appointment as District Judge; or
(ii) has been a member of the Indian Legal Service and has held a post
in Grade I of that service;
(b) in the field of finance, accountancy or administration unless he
possesses such qualifications, as may be prescribed.
(4) The Central Government shall appoint a Member to be the
Chairperson of the Adjudicating Authority.
(5) Subject to the provisions of this Act,-
(a) the jurisdiction of the Adjudicating Authority may be exercised by
Benches thereof;
(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;
(c) the Benches of the Adjudicating Authority shall ordinarily sit at
New Delhi and at such other places as the Central Government may, in
consultation with the Chairperson, by notification, specify;
(d) the Central Government shall, by notification, specify the areas
in relation to which each Bench of the Adjudicating Authority may
exercise jurisdiction.
(6) Notwithstanding anything contained in sub-section (5), the
Chairperson may transfer a Member from one Bench to another Bench.
(7) If at any stage of the hearing of any case or matter it appears to
the Chairperson or a Member that the case or matter is of such a
nature that it ought to be heard by a Bench consisting of two Members,
the case or matter may be transferred by the Ch irperson or, as the
case may be, referred to him for transfer, to such Bench as the
Chairperson may deem fit.
(8) The Chairperson and every Member shall hold office as such for a
term of five years from the date on which he enters upon his office:
Provided that no Chairperson or other Member shall hold office as such
after he has attained the age of sixty-two years.
(9) The salary and allowances payable to and the other terms and
conditions of service of the Member shall be such as may be
prescribed:
Provided that neither the salary and allowances nor the other terms
and conditions of service of the Member shall be varied to his
disadvantage after appointment.
(10) If, for reasons other than temporary absence, any vacancy occurs
in the office of the Chairperson or any other Member, then, the
Central Government shall appoint another person in accordance with the
provisions of this Act to fill the vacancy and th proceedings may be
continued before the Adjudicating Authority from the stage at which
the vacancy is filled.
(11) The Chairperson or any other Member may, by notice in writing
under his hand addressed to the Central Government, resign his office:
Provided that the Chairperson or any other Member shall, unless he is
permitted by the Central Government to relinquish his office sooner,
continue to hold office until the expiry of three months from the date
of receipt of such notice or until a person uly appointed as his
successor enters upon his office or until the expiry of his term of
office, whichever is the earliest.
(12) The Chairperson or any other Member shall not be removed from his
office except by an order made by the Central Government after giving
necessary opportunity of hearing.
(13) In the event of the occurrence of any vacancy in the office of
the Chairperson by reason of his death, resignation or otherwise, the
senior-most Member shall act as the Chairperson of the Adjudicating
Authority until the date on which a new Chairper on, appointed in
accordance with the provisions of this Act to fill such vacancy,
enters upon his office.
(14) When the Chairperson of the Adjudicating Authority is unable to
discharge his functions owing to absence, illness or any other cause,
the senior-most Member shall discharge the functions of the
Chairperson of the Adjudicating Authority until the dat on which the
Chairperson of the Adjudicating Authority resumes his duties.
(15) The Adjudicating Authority shall not be bound by the procedure
laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall
be guided by the principles of natural justice and, subject to the
other provisions of this Act, the Adjudicating Au hority shall have
powers to regulate its own procedure.
7.
Staff of Adjudicating Authorities.
7. Staff of Adjudicating Authorities.-(1) The Central Government
shall provide each Adjudicating Authority with such officers and
employees as that Government may think fit.
(2) The officers and employees of the Adjudicating Authority shall
discharge their functions under the general superintendence of the
Chairperson of the Adjudicating Authority.
(3) The salaries and allowances and other conditions of service of the
officers and employees of the Adjudicating Authority shall be such as
may be prescribed.
8.
Adjudication.
8. Adjudication.-(1) On receipt of a complaint under sub-section (5)
of section 5, or applications made under sub-section (4) of section 17
or under sub-section (10) of section 18, if the Adjudicating Authority
has reason to believe that any person has ommitted an offence under
section 3, it may serve a notice of not less than thirty days on such
person calling upon him to indicate the sources of his income, earning
or assets, out of which or by means of which he has acquired the
property attached unde sub-section (1) of section 5, or, seized under
section 17 or section 18, the evidence on which he relies and other
relevant information and particulars, and to show cause why all or any
of such properties should not be declared to be the properties in
olved in money-laundering and confiscated by the Central Government:
Provided that where a notice under this sub-section specifies any
property as being held by a person on behalf of any other person, a
copy of such notice shall also be served upon such other person:
Provided further that where such property is held jointly by more than
one person, such notice shall be served to all persons holding such
property.
(2) The Adjudicating Authority shall, after-
(a) considering the reply, if any, to the notice issued under
sub-section (1);
(b) hearing the aggrieved person and the Director or any other officer
authorised by him in this behalf; and
(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:
Provided that if the property is claimed by a person, other than a
person to whom the notice had been issued, such person shall also be
given an opportunity of being heard to prove that the property is not
involved in money-laundering.
(3) Where the Adjudicating Authority decides under sub-section (2)
that any property is involved in money-laundering, he shall, by an
order in writing, confirm the attachment of the property made under
sub-section (1) of section 5 or retention of propert or record seized
under section 17 or section 18 and record a finding to that effect,
such attachment or retention of the seized property or record shall-
(a) continue during the pendency of the proceedings relating to any
scheduled offence before a court; and
(b) become final after the guilt of the person is proved in the trial
court and order of such trial court becomes final.
(4) Where the provisional order of attachment made under sub-section
(1) of section 5 has been confirmed under sub-section (3), the
Director or any other officer authorised by him in this behalf shall
forthwith take the possession of the attached propert .
(5) Where on conclusion of a trial for any scheduled offence, the
person concerned is acquitted, the attachment of the property or
retention of the seized property or record under sub-section (3) and
net income, if any, shall cease to have effect.
(6) Where the attachment of any property or retention of the seized
property or record becomes final under clause (b) of sub-section (3),
the Adjudicating Authority shall, after giving an opportunity of being
heard to the person concerned, make an order onfiscating such
property.
9.
Vesting of property in Central Government.
9. Vesting of property in Central Government.-Where an order of
confiscation has been made under sub-section (6) of section 8 in
respect of any property of a person, all the rights and title in such
property shall vest absolutely in the Central Governmen free from all
encumbrances:
Provided that where the Adjudicating Authority, after giving an
opportunity of being heard to any other person interested in the
property attached under this Chapter, or seized under Chapter V, is of
the opinion that any encumbrance on the property or le se-hold
interest has been created with a view to defeat the provisions of this
Chapter, it may, by order, declare such encumbrance or lease-hold
interest to be void and thereupon the aforesaid property shall vest in
the Central Government free from such ncumbrances or lease-hold
interest:
Provided further that nothing in this section shall operate to
discharge any person from any liability in respect of such
encumbrances which may be enforced against such person by a suit for
damages.
10.
Management of properties confiscated under this Chapter.
10. Management of properties confiscated under this Chapter.-(1) The
Central Government may, by order published in the Official Gazette,
appoint as many of its officers (not below the rank of a Joint
Secretary to the Government of India) as it thinks fit to perform the
functions of an Administrator.
(2) The Administrator appointed under sub-section (1) shall receive
and manage the property in relation to which an order has been made
under sub-section (6) of section 8 in such manner and subject to such
conditions as may be prescribed.
(3) The Administrator shall also take such measures, as the Central
Government may direct, to dispose of the property which is vested in
the Central Government under section 9.
11.
Power regarding summons, production of documents and evidence, etc.
11. Power regarding summons, production of documents and evidence,
etc.-(1) The Adjudicating Authority shall, for the purposes of this
Act, have the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908 (5 of 1908) while tryi g 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
banking company or a financial institution or a company, 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) All the persons so summoned shall be bound to attend in person or
through authorised agents, as the Adjudicating Authority may direct,
and shall be bound to state the truth upon any subject respecting
which they are examined or make statements, and p oduce such documents
as may be required.
(3) Every proceeding under this section 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).
CHAP
OBLIGATIONS OF BANKING COMPANIES, FINANCIAL INSTITUTIONS
ANDINTERMEDIARIES
CHAPTER IV
OBLIGATIONS OF BANKING COMPANIES, FINANCIAL INSTITUTIONS AND
INTERMEDIARIES
12.
Banking companies, financial institutions and intermediaries tomaintain
records.
12. Banking companies, financial institutions and intermediaries to
maintain records.-(1) Every banking company, financial institution and
intermediary shall-
(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 t ke place within a
month;
(b) furnish information of transactions referred to in clause (a) to
the Director within such time as may be prescribed;
(c) verify and maintain the records of the identity of all its
clients, in such manner as may be prescribed:
Provided that where the principal officer of a banking company or
financial institution or intermediary, as the case may be, has reason
to believe that a single transaction or series of transactions
integrally connected to each other have been valued bel w the
prescribed value so as to defeat the provisions of this section, such
officer shall furnish information in respect of such transactions to
the Director within the prescribed time.
(2) The records referred to in sub-section (1) shall be maintained for
a period of ten years from the date of cessation of the transactions
between the clients and the banking company or financial institution
or intermediary, as the case may be.
13.
Powers of Director to impose fine.
13. Powers of Director to impose fine.-(1) The Director may, either
of his own motion or on an application made by any authority, officer
or person, call for records referred to in sub-section (1) of section
thinks fit. 12 and may make such inquiry or cause such inq iry to be
made, as he
(2) If the Director, in the course of any inquiry, finds that a
banking company, financial institution or an intermediary or any of
its officers has failed to comply with the provisions contained in
section 12, then, without prejudice to any other action that may be
taken under any other provisions of this Act, he may, by an order,
levy a fine on such banking company or financial institution or
intermediary which shall not be less than ten thousand rupees but may
extend to one lakh rupees for each failur .
(3) The Director shall forward a copy of the order passed under
sub-section (2) to every banking company, financial institution or
intermediary or person who is a party to the proceedings under that
sub-section.
14.
No civil proceedings against banking companies,
financialinstitutions, etc., in certain cases.
14. No civil proceedings against banking companies, financial
institutions, etc., in certain cases.-Save as otherwise provided in
section 13, the banking companies, financial institutions,
intermediaries and their officers shall not be liable to any civi
proceedings against them for furnishing information under clause (b)
of sub-section (1) of section 12.
15.
Procedure and manner of furnishing information by banking company,financial
institution and intermediary.
15. Procedure and manner of furnishing information by banking
company, financial institution and intermediary.-The Central
Government may, in consultation with the Reserve Bank of India,
prescribe the procedure and the manner of maintaining and furnishin
information under sub-section (1) of section 12 for the purpose of
implementing the provisions of this Act.
CHAP
SUMMONS, SEARCHES AND SEIZURES, ETC.
CHAPTER V
SUMMONS, SEARCHES AND SEIZURES, ETC.
16.
Power of survey.
16. Power of survey.-(1) Notwithstanding anything contained in any
other provisions of this Act, where an authority, on the basis of
material in his possession, has reason to believe (the reasons for
such belief to be recorded in writing) that an offence under section 3
has been committed, he may enter any place-
(i) within the limits of the area assigned to him; or
(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,
at 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,-
(i) afford him the necessary facility to inspect such records as he
may require and which may be available at such place;
(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
(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.
Explanation-For the purposes of this sub-section, a place, where an
act which constitutes the commission of the offence is carried on,
shall also include any other place, whether any activity is carried on
therein or not, in which the person carrying on uch activity states
that any of his records or any part of his property relating to such
act are or is kept.
(2) The authority referred to in sub-section (1) shall, after entering
any place referred to in that sub-section immediately after completion
of survey, forward a copy of the reasons so recorded along with
material in his possession, referred to in that ub-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) An authority acting under this section may-
(i) place marks of identification on the records inspected by him and
make or cause to be made extracts or copies therefrom,
(ii) make an inventory of any property checked or verified by him, and
(iii) record the statement of any person present in the place which
may be useful for, or relevant to, any proceeding under this Act.
17.
Search and seizure.
17. Search and seizure.-(1) Where the Director, 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,
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 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:
Provided that no search shall be conducted unless, in relation to an
offence under-
(a) Paragraph 1 of Part A and Part B of the Schedule, a report has
been forwarded to a Magistrate under section 173 of the Code of
Criminal Procedure, 1973 (2 of 1974); or
(b) Paragraph 2 of Part A of the Schedule, a police report or a
complaint has been filed for taking cognizance of an offence by the
Special Court constituted under sub-section (1) of section 36 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 61 of 1985).
(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 n 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.
(4) The authority, seizing any record or property under this section,
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.
18.
Search of persons.
18. Search of persons.-(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 nything 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 ny proceedings under this Act.
(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 n 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 Magistrate's
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 Magistrate's
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:
Provided that no search of any person shall be made unless, in
relation to an offence under-
(a) Paragraph 1 of Part A or Paragraph 1 or Paragraph 2 or Paragraph 3
or Paragraph 4 or Paragraph 5 of Part B of the Schedule, a report has
been forwarded to a Magistrate under section 173 of the Code of
Criminal Procedure, 1973 (2 of 1974); or
(b) Paragraph 2 of Part A of the Schedule, a police report or a
complaint has been filed for taking cognizance of an offence by the
Special Court constituted under sub-section (1) of section 36 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 61 of 1985).
(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.
19.
Power to arrest.
19. Power to arrest.-(1) If the Director, Deputy Director, Assistant
Director or any other officer authorised in this behalf by the Central
Government by general or special order, has on the basis of material
in his possession, reason to believe (the rea on for such belief to be
recorded in writing) that any person has been guilty of an offence
punishable under this Act, he may arrest such person and shall, as
soon as may be, inform him of the grounds for such arrest.
(2) The Director, Deputy Director, Assistant Director or any other
officer shall, immediately after arrest of such person under
sub-section (1), forward a copy of the order along with the material
in his possession, referred to in that sub-section, to th 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) Every person arrested under sub-section (1) shall, within
twenty-four hours, be taken to a Judicial Magistrate or a Metropolitan
Magistrate, as the case may be, having jurisdiction:
Provided that the period of twenty-four hours shall exclude the time
necessary for the journey from the place of arrest to the Magistrate's
Court.
20.
Retention of property.
20. Retention of property.-(1) Where any property has been seized
under section 17 or section 18, 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 e
recorded by him in writing) that such property is required to be
retained for the purposes of adjudication under section 8, such
property may be retained for a period not exceeding three months from
the end of the month in which such property was seize .
(2) The officer authorised by the Director immediately after he has
passed an order for retention of the property for purposes of
adjudication under section 8 shall 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 unless the Adjudicating Authority permits retention of such
property beyond the said period.
(4) The Adjudicating Authority, before authorising the retention 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 pur oses of
adjudication under section 8.
(5) After passing the order of confiscation under sub-section (6) of
section 8, the Adjudicating Authority shall direct the release of all
properties other than the properties involved in money-laundering to
the person from whom such properties were seiz d.
(6) Notwithstanding anything contained in sub-section (5), the
Director or any officer authorised by him in this behalf may withhold
the release of any property until filing of appeal under section 26 or
forty-five days from the date of order under sub-s ction (5),
whichever is earlier, if he is of the opinion that such property is
relevant for the proceedings before the Appellate Tribunal.
21.
Retention of records.
21. Retention of records.-(1) Where any records have been seized,
under section 17, or section 18, and the Investigating Officer or any
other officer authorised by the Director in this behalf has reason to
believe that any of such records are required to be retained for any
inquiry under this Act, he may retain such records for a period not
exceeding three months from the end of the month in which such records
were seized.
(2) The person, from whom records were seized, shall be entitled to
obtain copies of records retained under sub-section (1).
(3) On the expiry of the period specified under sub-section (1), the
records shall be returned to the person from whom such records were
seized unless the Adjudicating Authority permits retention of such
records beyond the said period.
(4) The Adjudicating Authority, before authorising the retention of
such records beyond the period mentioned in sub-section (1), shall
satisfy himself that the records are required for the purposes of
adjudication under section 8.
(5) After passing of an order of confiscation under sub-section (6) of
section 8, the Adjudicating Authority shall direct the release of the
records to the person from whom such records were seized.
(6) Notwithstanding anything contained in sub-section (5), the
Director or any officer authorised by him in this behalf may withhold
the release of any records until filing of appeal under section 26 or
after forty-five days from the date of order under ub-section (5),
whichever is earlier, if he is of the opinion that such records are
relevant for the proceedings before the Appellate Tribunal.
22.
Presumption as to records or property in certain cases.
22. Presumption as to records or property in certain cases.-(1) Where
any records or property are or is found in the possession or control
of any person in the course of a survey or a search, it shall be
presumed that-
(i) such records or property belong or belongs to such person;
(ii) the contents of such records are true; and
(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 person'
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.
(2) Where any records have been received from any place outside India,
duly authenticated by such authority or person and in such manner as
may be prescribed, in the course of proceedings under this Act, the
Special Court, the Appellate Tribunal or the djudicating Authority, as
the case may be, shall-
(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, s in that person's
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;
(b) admit the document in evidence, notwithstanding that it is not
duly stamped, if such document is otherwise admissible in evidence.
23.
Presumption in inter-connected transactions.
23. Presumption in inter-connected transactions.-Where
money-laundering involves two or more inter-connected transactions and
one or more such transactions is or are proved to be involved in
money-laundering, then for the purposes of adjudication or conf
scation under section 8, it shall, unless otherwise proved to the
satisfaction of the Adjudicating Authority, be presumed that the
remaining transactions form part of such inter-connected transactions.
24.
Burden of proof.
24. Burden of proof.-When a person is accused of having committed the
offence under section 3, the burden of proving that proceeds of crime
are untainted property shall be on the accused.
CHAP
APPELLATE TRIBUNAL
CHAPTER VI
APPELLATE TRIBUNAL
25.
Establishment of Appellate Tribunal.
25. Establishment of Appellate Tribunal.-The Central Government
shall, by notification, establish an Appellate Tribunal to hear
appeals against the orders of the Adjudicating Authority and the
authorities under this Act.
26.
Appeal to Appellate Tribunal.
26. Appeal to Appellate Tribunal.-(1) Save as otherwise provided in
sub-section (3), the Director or any person aggrieved by an order made
by the Adjudicating Authority under this Act, may prefer an appeal to
the Appellate Tribunal.
(2) Any banking company, financial institution or intermediary
aggrieved by any order of the Director made under sub-section (2) of
section 13, may prefer an appeal to the Appellate Tribunal.
(3) Every appeal preferred under sub-section (1) or sub-section (2)
shall be filed within a period of forty-five days from the date on
which a copy of the order made by the Adjudicating Authority or
Director is received and it shall be in such form and e accompanied by
such fee as may be prescribed:
Provided that the Appellate Tribunal may, after giving an opportunity
of being heard, entertain an appeal after the expiry of the said
period of forty-five days if it is satisfied that there was sufficient
cause for not filing it within that period.
(4) On receipt of an appeal under sub-section (1) or sub-section (2),
the Appellate Tribunal may, after giving the parties to the appeal an
opportunity of being heard, pass such orders thereon as it thinks fit,
confirming, modifying or setting aside the order appealed against.
(5) The Appellate Tribunal shall send a copy of every order made by it
to the parties to the appeal and to the concerned Adjudicating
Authority or the Director, as the case may be.
(6) The appeal filed before the Appellate Tribunal under sub-section
(1) or sub-section (2) shall be dealt with by it as expeditiously as
possible and endeavour shall be made by it to dispose of the appeal
finally within six months from the date of fili g of the appeal.
27.
Composition, etc., of Appellate Tribunal.
27. Composition, etc., of Appellate Tribunal.-(1) The Appellate
Tribunal shall consist of a Chairperson and two other Members.
(2) Subject to the provisions of this Act,-
(a) the jurisdiction of the Appellate Tribunal may be exercised by
Benches thereof;
(b) a Bench may be constituted by the Chairperson with one or two
Members as the Chairperson may deem fit;
(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;
(d) the Central Government shall, by notification, specify the areas
in relation to which each Bench of the Appellate Tribunal may exercise
jurisdiction.
(3) Notwithstanding anything contained in sub-section (2), the
Chairperson may transfer a Member from one Bench to another Bench.
(4) If at any stage of the hearing of any case or matter it appears to
the Chairperson or a Member that the case or matter is of such a
nature that it ought to be heard by a Bench consisting of two Members,
the case or matter may be transferred by the Ch irperson or, as the
case may be, referred to him for transfer, to such Bench as the
Chairperson may deem fit.
28.
Qualifications for appointment.
28. Qualifications for appointment.-(1) A person shall not be
qualified for appointment as Chairperson unless he is or has been a
Judge of the Supreme Court or of a High Court.
(2) A person shall not be qualified for appointment as a Member unless
he-
(a) is or has been a Judge of a High Court; or
(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
(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;
(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; or
(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
(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 char ered accountant
for at least ten years:
Provided that one of the members of the Appellate Tribunal shall be
from category mentioned in clause (f); or
(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.
(3) No sitting Judge of the Supreme Court or of a High Court shall be
appointed under this section except after consultation with the Chief
Justice of India.
29.
Term of office.
29. Term of office.-The Chairperson and every other Member shall hold
office as such for a term of five years from the date on which he
enters upon his office:
Provided that no Chairperson or other Member shall hold office as such
after he has attained,-
(a) in the case of the Chairperson, the age of sixty-eight years;
(b) in the case of any other Member, the age of sixty-five years.
30.
Conditions of service.
30. Conditions of service.-The salary and allowances payable to and
the other terms and conditions of service of the Chairperson and other
Members shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms
and conditions of service of the Chairperson or any other Member shall
be varied to his disadvantage after appointment.
31.
Vacancies.
31. Vacancies.-If, for reason other than temporary absence, any
vacancy occurs in the office of the Chairperson or any other Member,
then, the Central Government shall appoint another person in
accordance with the provisions of this Act to fill the vacan y and the
proceedings may be continued before the Appellate Tribunal from the
stage at which the vacancy is filled.
32.
Resignation and removal.
32. Resignation and removal.-(1) The Chairperson or any other Member
may, by notice in writing under his hand addressed to the Central
Government, resign his office:
Provided that the Chairperson or any other Member shall, unless he is
permitted by the Central Government to relinquish his office sooner,
continue to hold office until the expiry of three months from the date
of receipt of such notice or until a person uly appointed as his
successor enters upon his office or until the expiry of his term of
office, whichever is the earliest.
(2) The Chairperson or any other Member shall not be removed from his
office except by an order made by the Central Government on the ground
of proved misbehaviour or incapacity, after an inquiry made by a
person appointed by the President in which such hairperson or any
other Member concerned had been informed of the charges against him
and given a reasonable opportunity of being heard in respect of those
charges.
33.
Member to act as Chairperson in certain circumstances.
33. Member to act as Chairperson in certain circumstances.-(1) In the
event of the occurrence of any vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the
senior-most Member shall act as the Chairperson until the ate on which
a new Chairperson, appointed in accordance with the provisions of this
Act to fill such vacancy, enters upon his office.
(2) When the Chairperson is unable to discharge his functions owing to
absence, illness or any other cause, the senior-most Member shall
discharge the functions of the Chairperson until the date on which the
Chairperson resumes his duties.
34.
Staff of Appellate Tribunal.
34. Staff of Appellate Tribunal.-(1) The Central Government shall
provide the Appellate Tribunal with such officers and employees as
that Government may think fit.
(2) The officers and employees of the Appellate Tribunal shall
discharge their functions under the general superintendence of the
Chairperson.
(3) The salaries and allowances and other conditions of service of the
officers and employees of the Appellate Tribunal shall be such as may
be prescribed.
35.
Procedure and powers of Appellate Tribunal.
35. Procedure and powers of Appellate Tribunal.-(1) The Appellate
Tribunal shall not be bound by the procedure laid down by the Code of
Civil Procedure, 1908 (5 of 1908), but shall be guided by the
principles of natural justice and, subject to the other rovisions of
this Act, the Appellate Tribunal shall have powers to regulate its own
procedure.
(2) The Appellate Tribunal shall have, for the purposes of discharging
its functions under this Act, 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 matte s, namely:-
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(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;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex parte;
(h) setting aside any order of dismissal of any representation for
default or any order passed by it ex parte; and
(i) any other matter, which may be, prescribed by the Central
Government.
(3) An order made by the Appellate Tribunal under this Act shall be
executable by the Appellate Tribunal as a decree of civil court and,
for this purpose, the Appellate Tribunal shall have all the powers of
a civil court.
(4) Notwithstanding anything contained in sub-section (3), the
Appellate Tribunal may transmit any order made by it to a civil court
having local jurisdiction and such civil court shall execute the order
as if it were a decree made by that court.
(5) All proceedings before the Appellate Tribunal shall be deemed to
be judicial proceedings within the meaning of sections 193 and 228 of
the Indian Penal Code (45 of 1860) and the Appellate Tribunal shall be
deemed to be a civil court for the purposes f sections 345 and 346 of
the Code of Criminal Procedure, 1973 (2 of 1974).
36.
Distribution of business amongst Benches.
36. Distribution of business amongst Benches.-Where any Benches are
constituted, the Chairperson may, from time to time, by notification,
make provisions as to the distribution of the business of the
Appellate Tribunal amongst the Benches and also provid for the matters
which may be dealt with by each Bench.
37.
Power of Chairperson to transfer cases.
37. Power of Chairperson to transfer cases.-On the application of any
of the parties and after notice to the parties, and after hearing such
of them as he may desire to be heard, or on his own motion without
such notice, the Chairperson may transfer any ase pending before one
Bench, for disposal, to any other Bench.
38.
Decision to be by majority.
38. Decision to be by majority.-If the Members of a Bench consisting
of two Members differ in opinion on any point, they shall state the
point or points on which they differ, and make a reference to the
Chairperson who shall either hear the point or poin s himself or refer
the case for hearing on such point or points by one or more of the
other Members of the Appellate Tribunal and such point or points shall
be decided according to the opinion of the majority of the Members of
the Appellate Tribunal who ave heard the case, including those who
first heard it.
39.
Right of appellant to take assistance of authorized representative andof
Government to appoint presenting officers.
39. Right of appellant to take assistance of authorized
representative and of Government to appoint presenting officers.-(1) A
person preferring an appeal to the Appellate Tribunal under this Act
may either appear in person or take the assistance of an a thorised
representative of his choice to present his case before the Appellate
Tribunal.
Explanation.-For the purposes of this sub-section, the expression
"authorised representative'' shall have the same meaning as assigned
to it under sub-seciton (2) of section 288 of the Income-tax Act, 1961
(43 of 1961).
(2) The Central Government or the Director may authorise one or more
authorised representatives or any of its officers to act as presenting
officers and every person so authorised may present the case with
before the Appellate Tribu al. Members, etc., to be public servants.
40.
Members, etc., to be public servants.
40. Members, etc., to be public servants.-The Chairperson, Members
and other officers and employees of the Appellate Tribunal, the
Adjudicating Authority, Director and the officers subordinate to him
shall be deemed to be public servants within the meani g of section 21
of the Indian Penal Code (45 of 1860).
41.
Civil court not to have jurisdiction.
41. Civil court not to have jurisdiction.-No civil court shall have
jurisdiction to entertain any suit or proceeding in respect of any
matter which the Director, an Adjudicating Authority or the Appellate
Tribunal is empowered by or under this Act to det rmine and no
injunction shall be granted by any court or other authority in respect
of any action taken or to be taken in pursuance of any power conferred
by or under this Act.
42.
Appeal to High Court.
42. Appeal to High Court.-Any person aggrieved by any decision or
order of the Appellate Tribunal may file an appeal to the High Court
within sixty days from the date of communication of the decision or
order of the Appellate Tribunal to him on any ques ion of law or fact
arising out of such order:
Provided that the High Court may, if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal
within the said period, allow it to be filed within a further period
not exceeding sixty days.
Explanation.-For the purposes of this section, "High Court'' means-
(i) the High Court within the jurisdiction of which the aggrieved
party ordina-rily resides or carries on business or personally works
for gain; and
(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 persona ly works for
gain.
CHAP
SPECIAL COURTS
CHAPTER VII
SPECIAL COURTS
43.
Special Courts.
43. Special Courts.-(1) The Central Government, in consultation with
the Chief Justice of the High Court, shall, for trial of offence
punishable under section 4, by notification, designate one or more
Courts of Session as Special Court or Special Courts or such area or
areas or for such case or class or group of cases as may be specified
in the notification.
Explanation.- In this sub-section, "High Court'' means the High Court
of the State in which a Sessions Court designated as Special Court was
functioning immediately before such designation.
(2) While trying an offence under this Act, a Special Court shall also
try an offence, other than an offence referred to in sub-section (1),
with which the accused may, under the Code of Criminal Procedure, 1973
(2 of 1974), be charged at the same trial.
44.
Offences triable by Special Courts.
44. Offences triable by Special Courts.-(1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a)
the scheduled offence and the offence punishable under section 4 shall
be triable only by the Special Court constituted for the area in which
the offence has been committed:
Provided that the Special Court, trying a scheduled offence before the
commencement of this Act, shall continue to try such scheduled
offence; or
(b) a Special Court may, upon perusal of police report of the facts
which constitute an offence under this Act or upon a complaint made by
an authority authorised in this behalf under this Act take cognizance
of the offence for which the accused is commi ted to it for trial.
(2) Nothing contained in this section shall be deemed to affect the
special powers of the High Court regarding bail under seciton 439 of
the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court
may exercise such powers including the power unde clause (b) of
sub-section (1) of that section as if the reference to "Magistrate" in
that section includes also a reference to a "Special Court''
designated under section 43.
45.
Offences to be cognizable and non-bailable.
45. Offences to be cognizable and non-bailable.-(1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of
1974),-
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for a term of
imprisonment of more than three years under Part A of the Schedule
shall be released on bail or on his own bond unless-
(i) the Public Prosecutor has been given an opportunity to oppose the
application for such release; and
(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:
Provided that a person, who, is under the age of sixteen years, or is
a woman or is sick or infirm, may be released on bail, if the Special
Court so directs:
Provided further that the Special Court shall not take cognizance of
any offence punishable under section 4 except upon a complaint in
writing made by-
(i) the Director; or
(ii) any officer of the Central Government or a State Government
authorised in writing in this behalf by the Central Government by a
general or special order made in this behalf by that Government.
(2) The limitation on granting of bail specified in clause (b) of
sub-section (1) is in addition to the limitations under the Code of
Criminal Procedure, 1973 (2 of 1974) or any other law for the time
being in force on granting of bail.
46.
Application of Code of Criminal Procedure, 1973 to proceedings beforeSpecial
Court.
46. Application of Code of Criminal Procedure, 1973 to proceedings
before Special Court.-(1) Save as otherwise provided in this Act, the
provisions of the Code of Criminal Procedure, 1973 (2 of 1974)
(including the provisions as to bails or bonds), shall apply to the
proceedings before a Special Court and for the purposes of the said
provisions, the Special Court shall be deemed to be a Court of Session
and the persons conducting the prosecution before the Special Court,
shall be deemed to be a Public Pr secutor:
Provided that the Central Government may also appoint for any case or
class or group of cases a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public
Prosecutor or a Special Public Prosecutor under this section unless he
has been in practice as an advocate for not less than seven years,
under the Union or a State, requiring special knowle ge of law.
(3) Every person appointed as a Public Prosecutor or a Special Public
Prosecutor under this section shall be deemed to be a Public
Prosecutor within the meaning of clause (u) of section 2 of the Code
of Criminal Procedure, 1973 (2 of 1974) and the rovisions of that Code
shall have effect accordingly.
47.
Appeal and revision.
47. Appeal and revision.-The High Court may exercise, so far as may
be applicable, all the powers conferred by Chapter XXIX or Chapter XXX
of the Code of Criminal Procedure, 1973 (2 of 1974), on a High Court,
as if a Special Court within the local limits of the jurisdiction of
the High Court were a Court of Session trying cases within the local
limits of the jurisdiction of the High Court.
CHAP
AUTHORITIES
CHAPTER VIII
AUTHORITIES
48.
Authorities under Act.
48. Authorities under Act.-There shall be the following classes of
authorities for the purposes of this Act, namely:-
(a) Director or Additional Director or Joint Director,
(b) Deputy Director,
(c) Assistant Director, and
(d) such other class of officers as may be appointed for the purposes
of this Act.
49.
Appointment and powers of authorities and other officers.
49. Appointment and powers of authorities and other officers.-(1) The
Central Government may appoint such persons as it thinks fit to be
authorities for the purposes of this Act.
(2) Without prejudice to the provisions of sub-section (1), the
Central Government may authorise the Director or an Additional
Director or a Joint Director or a Deputy Director or an Assistant
Director appointed under that sub-section to appoint other au horities
below the rank of an Assistant Director.
(3) Subject to such conditions and limitations as the Central
Government may impose, an authority may exercise the powers and
discharge the duties conferred or imposed on it under this Act.
50.
Powers of authorities regarding summons, production of documents andto give
evidence, etc.
50. Powers of authorities regarding summons, production of documents
and to give evidence, etc.-(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
banking company or a financial institution or a company, 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 investi ation 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 do uments 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 Director.
51.
Jurisdiction of authorities.
51. Jurisdiction of authorities.-(1) The authorities shall exercise
all or any of the powers and perform all or any of the functions
conferred on, or, assigned, as the case may be, to such authorities by
or under this Act or the rules framed thereunder i accordance with
such directions as the Central Government may issue for the exercise
of powers and performance of the functions by all or any of the
authorities.
(2) In issuing the directions or orders referred to in sub-section
(1), the Central Government may have regard to any one or more of the
following criteria, namely:-
(a) territorial area;
(b) classes of persons;
(c) classes of cases; and
(d) any other criterion specified by the Central Government in this
behalf.
52.
Power of Central Government to issue directions, etc.
52. Power of Central Government to issue directions, etc.-The Central
Government may, from time to time, issue such orders, instructions and
directions to the authorities as it may deem fit for the proper
administration of this Act and such authorities a d all other persons
employed in execution of this Act shall observe and follow such
orders, instructions and directions of the Central Government:
Provided that no such orders, instructions or directions shall be
issued so as to-
(a) require any authority to decide a particular case in a particular
manner; or
(b) interfere with the discretion of the Adjudicating Authority in
exercise of his functions.
53.
Empowerment of certain officers.
53. Empowerment of certain officers.-The Central Government may, by a
special or general order, empower an officer not below the rank of
Director of the Central Government or of a State Government to act as
an authority under this Act:
Provided that the Central Government may empower an officer below the
rank of Director if the officer of the rank of the Director or above
are not available in a particular area.
54.
Certain officers to assist in inquiry, etc.
54. Certain officers to assist in inquiry, etc.-The following
officers are hereby empowered and required to assist the authorities
in the enforcement of this Act, namely:-
(a) officers of the Customs and Central Excise Departments;
(b) officers appointed under sub-section (1) of section 5 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(c) income-tax authorities under sub-section (1) of section 117 of the
Income- tax Act, 1961 (43 of 1961);
(d) officers of the stock exchange recognised under section 4 of the
Securities Contracts (Regulation) Act, 1956 (42 of 1956);
(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);
(f) officers of Police;
(g) officers of enforcement appointed under sub-section (1) of section
36 of the Foreign Exchange Management Act, 1999 (40 of 1999);
(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);
(i) officers of any other body corporate constituted or established
under a Central Act or a State Act;
(j) such other officers of the Central Government, State Government,
local authorities or banking companies as the Central Government may,
by notification, specify, in this behalf.
CHAP
RECIPROCAL ARRANGEMENT FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDUREFOR
ATTACHMENT AND CONFISCATION OF PROPERTY
CHAPTER IX
RECIPROCAL ARRANGEMENT FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE
FOR ATTACHMENT AND CONFISCATION OF PROPERTY
55.
Definitions.
55. Definitions.-In this Chapter, unless the context otherwise
requires,-
(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;
(b) "identifying" includes establishment of a proof that the property
was derived from, or used in the commission of an offence under
section 3;
(c) "tracing" means determining the nature, source, disposition,
movement, title or ownership of property.
56.
Agreements with foreign countries.
56. Agreements with foreign countries.-(1) The Central Government may
enter into an agreement with the Government of any country outside
India for-
(a) enforcing the provisions of this Act;
(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,
and may, by notification in the Official Gazette, make such provisions
as may be necessary for implementing the agreement.
(2) The Central Government may, by notification in the Official
Gazette, direct that the application of this Chapter in relation to a
contracting State with which reciprocal arrangements have been made,
shall be subject to such conditions, exceptions or ualifications as
are specified in the said notification.
57.
Letter of request to a contracting State in certain cases.
57. Letter of request to a contracting State in certain cases.-(1)
Notwithstanding anything contained in this Act or the Code of Criminal
Procedure, 1973 (2 of 1974) if, in the course of an investigation into
an offence or other proceedings under this Ac , an application is made
to a Special Court by the Investigating Officer or any officer
superior in rank to the Investigating Officer that any evidence is
required in connection with investigation into an offence or
proceedings under this Act and he is o the opinion that such evidence
may be available in any place in a contracting State, and the Special
Court, on being satisfied that such evidence is required in connection
with the investigation into an offence or proceedings under this Act,
may issue a letter of request to a court or an authority in the
contracting State competent to deal with such request to-
(i) examine facts and circumstances of the case,
(ii) take such steps as the Special Court may specify in such letter
of request, and
(iii) forward all the evidence so taken or collected to the Special
Court issuing such letter of request.
(2) The letter of request shall be transmitted in such manner as the
Central Government may specify in this behalf.
(3) Every statement recorded or document or thing received under
sub-section (1) shall be deemed to be the evidence collected during
the course of investigation.
58.
Assistance to a contracting State in certain cases.
58. Assistance to a contracting State in certain cases.-Where a
letter of request is received by the Central Government from a court
or authority in a contracting State requesting for investigation into
an offence or proceedings under this Act and forwar ing to such court
or authority any evidence connected therewith, the Central Government
may forward such letter of request to the Special Court or to any
authority under the Act as it thinks fit for execution of such request
in accordance with the provis ons of this Act or, as the case may be,
any other law for the time being in force.
59.
Reciprocal arrangements for processes and assistance for transfer ofaccused
persons.
59. Reciprocal arrangements for processes and assistance for transfer
of accused persons.-(1) Where a Special Court, in relation to an
offence punishable under section 4, desires that-
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a
document or other thing or to produce it, or
(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, pecify in
this behalf and that Court, Judge or Magistrate, as the case may be,
shall cause the same to be executed.
(2) Where a Special Court, in relation to an offence punishable under
section 4 has received for service or execution-
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a
document or other thing, or to produce it, or
(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 jurisd ction; and where-
(i) a warrant of arrest has been executed, the person arrested shall
be dealt with in accordance with the procedure specified under section
19;
(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.
Provided that in a case where a summon or search warrant received from
a contracting State has been executed, the documents or other things
produced or things found in the search shall be forwarded to the Court
issuing the summons or search-warrant throu h such authority as the
Central Government may, by notification, specify in this behalf.
(3) Where a person transferred to a contracting State pursuant to
sub-section (2) is a prisoner in India, the Special Court or the
Central Government may impose such conditions as that Court or
Government deems fit.
(4) Where the person transferred to India pursuant to sub-section (1)
is a prisoner in a contracting State, the Special Court in India shall
ensure that the conditions subject to which the prisoner is
transferred to India are complied with and such priso er shall be kept
in such custody subject to such conditions as the Central Government
may direct in writing.
60.
Attachment, seizure and confiscation, etc., of property in
acontracting State or India.
60. Attachment, seizure and confiscation, etc., of property in a
contracting State or India.-(1) Where the Director has made an order
for attachment of any property under section 5 or where an
Adjudicating Authority has made an order confirming such atta hment or
confiscation of any property under section 8, and such property is
suspected to be in a contracting State, the Special Court, on an
application by the Director or the Administrator appointed under
sub-section (1) of section 10, as the case may b , may issue a letter
of request to a court or an authority in the contracting State for
execution of such order.
(2) Where a letter of request is received by the Central Government
from a court or an authority in a contracting State requesting
attachment or confiscation of the property in India, derived or
obtained, directly or indirectly, by any person from the co mission of
an offence under section 3 committed in that contracting State, the
Central Government may forward such letter of request to the Director,
as it thinks fit, for execution in accordance with the provisions of
this Act.
(3) The Director shall, on receipt of a letter of request under
section 58 or section 59, direct any authority under this Act to take
all steps necessary for tracing and identifying such property.
(4) The steps referred to in sub-section (3) may include any inquiry,
investigation or survey in respect of any person, place, property,
assets, documents, books of account in any bank or public financial
institutions or any other relevant matters.
(5) Any inquiry, investigation or survey referred to in sub-section
(4) shall be carried
out by an authority mentioned in sub-section (3) in accordance with
such directions issued in accordance with the provisions of this Act.
(6) The provisions of this Act relating to attachment, adjudication,
confiscation and vesting of property in the Central Government
contained in Chapter III and survey, searches and seizures contained
request is received from a court or contracting State for attachment
or confiscation of property. in Chapter V shall apply to the property
in respect f which letter of
61.
Procedure in respect of letter of request.
61. Procedure in respect of letter of request.-Every letter of
request, summons or warrant, received by the Central Government from,
and every letter of request, summons or warrant, to be transmitted to
a contracting State under this Chapter shall be tra smitted to a
contracting State or, as the case may be, sent to the concerned Court
in India and in such form and in such manner as the Central Government
may, by notification, specify in this behalf.
CHAP
MISCELLANEOUS
CHAPTER X
MISCELLANEOUS
62.
Punishment for vexatious search.
62. Punishment for vexatious search.-Any authority or officer
exercising powers under this Act or any rules made thereunder, who,
without reasons recorded in writing,-
(a) searches or causes to be searched any building or place; or
(b) detains or searches or arrests any person,
shall 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.
63.
Punishment for false information or failure to give information, etc.
63. Punishment for false information or failure to give information,
etc.-(I) Any person wilfully and maliciously giving false information
and so causing an arrest or a search to be made under this Act shall
on conviction be liable for imprisonment for a term which may extend
to two years or with fine which may extend to fifty thousand rupees or
both.
(2) If any person,-
(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
(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
(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,
he 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.
(3) No order under this section shall be passed by an authority
referred to in sub-section (2) unless the person on whom the penalty
is proposed to be imposed is given an opportunity of being heard in
the matter by such authority.
64.
Cognizance of offences.
64. Cognizance of offences.-(1) No court shall take cognizance of any
offence under section 62 or sub-section (1) of section 63 except with
the previous sanction of the Central Government.
(2) The Central Government shall, by an order, either give sanction or
refuse to give sanction within ninety days of the receipt of the
request in this behalf.
65.
Code of Criminal Procedure, 1973 to apply.
65. Code of Criminal Procedure, 1973 to apply.-The provisions of the
Code of Criminal Procedure, 1973 (2 of 1974) shall apply, in so far as
they are not inconsistent with the provisions of this Act, to arrest,
search and seizure, attachment, confiscation investigation,
prosecution and all other proceedings under this Act.
66.
Disclosure of information.
66. Disclosure of information.-The Director or any other authority
specified by him by a general or special order in this behalf may
furnish or cause to be furnished to-
(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 Nar otic Drugs and
Psychotropic Substances Act, 1985 (61 of 1985); or
(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 in ormation 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.
67.
Bar of suits in civil courts.
67. Bar of suits in civil courts.-No suit shall be brought in any
civil court to set aside or modify any proceeding taken or order made
under this Act and no prosecution, suit or other proceeding shall lie
against the Government or any officer of the Gov rnment for anything
done or intended to be done in good faith under this Act.
68.
Notice, etc., not to be invalid on certain grounds.
68. Notice, etc., not to be invalid on certain grounds.-No notice,
summons, order, document or other proceeding, furnished or made or
issued or taken or purported to have been furnished or made or issued
or taken in pursuance of any of the provisions of his Act shall be
invalid, or shall be deemed to be invalid merely by reason of any
mistake, defect or omission in such notice, summons, order, document
or other proceeding if such notice, summons, order, document or other
to the intent and purpose of this Act. proceeding is in substance and
e fect in conformity with or according
69.
Recovery of fines.
69. Recovery of fines.-Where any fine imposed on any person under
section 13 or section 63 is not paid within six months from the day of
imposition of fine, the Director or any other officer authorised by
him in this behalf may proceed to recover the amo nt from the said
person in the same manner as prescribed in Schedule II of the
Income-tax Act, 1961 (43of 1961) for the recovery of arrears and he or
any officer authorised by him in this behalf shall have all the powers
of the Tax Recovery Officer menti ned in the said Schedule for the
said purpose.
70.
Offences by companies.
70. Offences by companies.-(1) Where a person committing a
contravention of any of the provisions of this Act or of any rule,
direction or order made thereunder is a company, every person who, at
the time the contravention was committed, was in charge of and was
responsible to the company, for the conduct of the business of the
company as well as the company, shall be deemed to be guilty of the
contravention and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to punishment if he proves that the contravention
took place without his knowledge or that he exercised all due
diligence to prevent such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a
contravention of any of the provisions of this Act or of any rule,
direction or order made thereunder has been committed by a company and
it is proved that the contravention has taken pla e with the consent
or connivance of, or is attributable to any neglect on the part of any
director, manager, secretary or other officer of any company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of the contravent on and shall be liable to be proceeded
against and punished accordingly.
Explanation.-For the purposes of this section,-
(i) "company" means any body corporate and includes a firm or other
association of individuals; and
(ii) "director", in relation to a firm, means a partner in the firm.
71.
Act to have overriding effect.
71. Act to have overriding effect.-The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained
in any other law for the time being in force.
72.
Continuation of proceedings in the event of death or insolvency.
72. Continuation of proceedings in the event of death or
insolvency.-(1) Where-
(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
(b) any appeal has been preferred to the Appellate Tribunal, and-
(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
(ii) in a case referred to in clause (b), such person dies or is
adjudicated an insolvent during the pendency of the appeal,
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 Appellate Tribunal or as the case may be,
to continue the appeal before the Appellate ribunal, 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.
(2) Where-
(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
(b) any such appeal has been preferred to the High Court,-
then-
(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
(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 an the provision of section 42
shall, so far as may be, apply, or continue to apply, to such appeal.
(3) The powers of the official assignee or the official receiver under
sub-section (1) or sub-section (2) shall be exercised by him subject
to the provisions of the Presidency-towns Insolvency Act, 1909 (3 of
1909) or the Provincial Insolvency Act, 1920 5 of 1920), as the case
may be.
73.
Power to make rules.
73. Power to make rules.-(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;
(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;
(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;
(h) the nature and value of transactions in respect of which records
shall be maintained under clause (a) of sub-section (1) of section 12;
(i) the time within which the information of transactions under clause
(b) of sub- section (1) of section 12 shall be furnished;
(j) the manner in which records shall be verified and maintained by
banking companies, financial institutions and intermediaries under
clause (c) of sub-section (1) of section 12;
(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;
(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;
(s) the salary and allowances payable to and the other terms and
conditions of service of the Chairperson and other Members of the
Appellate Tribunal under section 30;
(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;
(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;
(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.
74.
Rules to be laid before Parliament.
74. Rules to be laid before Parliament.-Every rule made under this
Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or n two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be ade, the rule shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.
75.
Power to remove difficulties.
75. Power to remove difficulties.-(1) If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by order, published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act s may appear to be
necessary for removing the difficulty:
Provided that no order shall be made under this section after the
expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may
be after it is made, before each House of Parliament.
SCHE
[See section 2 (y)]
THE SCHEDULE
[See section 2(y)]
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 Voluntarily 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 Voluntarily 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.
Section Description of offence
364A Kidnapping for ransom, etc.
384 to Offences relating to extortion.
389
392 to Offences relating to robbery and dacoity.
402
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
25To 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 A ct, 1959.
To acquire, have in possession or carry any prohibited arms or
prohibited ammunition in contravention of section 7 of the Arms Act,
1959.
Contravention of section 24A of the Arms Act, 1959 relating to
prohibition as to possession of notified arms in disturbed areas, etc.
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. 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.
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.
Other Offences specified in section 26.
27 Use of arms or ammunitions in contravention of section 5 or use of
any arms or ammunition in contravention of section 7 of the Arms Act,
1959.
28 Use and possession of fire arms or imitation fire arms in certain
cases.
29 Knowingly purchasing arms from unlicensed person or for delivering
arms, etc., to person not entitled to possess the same.
30 Contravention of any condition of a licence or any provisions of
the Arms Act, 1959 or any rule made thereunder.
PARAGRAPH 3
OFFENCES UNDER THE WILD LIFE (PROTECTION) ACT, 1972
Section Description of offence
51 Contravention of provisions of section 17A relating to prohibition
read with section 17A of picking, uprooting, etc., of specified
plants.
51 Contravention of provisions of section 39 relating to wild animals,
read with section 39 etc., to be Government property.
51 Contravention of provisions of section 44 relating to dealings read
with section 44 in trophy and animal articles without licence
prohibited.
51 Contravention of provisions of section 48 relating to purchase read
with section 48 of animal, etc., by licensee.
51 Contravention of provisions of section 49B relating to prohibition
read with section 49B 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.
K. N. CHATURVEDI,
Additional Secy. to the Govt. of India.