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.