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THE PREVENTION OF MONEY-LAUNDERING ACT, 2002 |
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What is the full name of the Act? |
The Prevention of Money-Laundering Act, 2002 |
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What is the Act number of the PMLA? |
Act No. 15 of 2003 |
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On which date was the Act enacted? |
17th January, 2003 |
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What is the primary purpose of the PMLA? |
To prevent money-laundering and provide for confiscation of property derived from or involved in money-laundering |
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Which international body adopted the Political Declaration referred to in the Preamble? |
The General Assembly of the United Nations |
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At which session was the Political Declaration and Global Programme of Action adopted? |
The seventeenth special session of the UN General Assembly |
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On what date was this Declaration adopted? |
23rd February, 1990 |
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Which UN resolution corresponds to this Declaration? |
Resolution S-17/2 |
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Which later Political Declaration is also referenced in the Preamble? |
The Political Declaration adopted by the UN General Assembly Special Session of 1998 |
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During which dates was the 1998 Special Session held? |
8th to 10th June, 1998 |
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What did the 1998 Political Declaration call upon Member States to do? |
To adopt national money-laundering legislation and programmes |
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Why was the enactment of the PMLA considered necessary? |
To implement the aforesaid UN resolution and the Declaration |
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In which year of the Republic of India was the Act enacted? |
The Fifty-third Year of the Republic of India |
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CHAPTER I |
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PRELIMINARY |
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In which section is the short title, extent and commencement of the Act provided? |
Section 1 of the Prevention of Money-Laundering Act, 2002 |
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What is the short title of the Act? |
The Act may be called the Prevention of Money-Laundering Act, 2002 |
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What is the extent of the Act? |
It extends to the whole of India |
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When was the Act Commenced? |
1st July, 2005 |
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Can different provisions of the Act come into force on different dates? |
Yes, different dates may be appointed for different provisions of the Act |
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Who has the authority to notify the commencement date of the Act? |
The Central Government |
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Where must the commencement notification be published? |
In the Official Gazette |
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Which provision of the PMLA deals with “Definitions”? |
Section 2 |
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Which provision of the PMLA deals with “Adjudicating Authority”? |
Section 2(a) |
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What is the Adjudicating Authority responsible for? |
It is the body appointed under Section 6(1) to handle proceedings under the Act. |
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Which provision of the PMLA deals with “Appellate Tribunal”? |
Section 2(b) |
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Which provision of the PMLA deals with “Assistant Director”? |
Section 2(c) |
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Who appoints an Assistant Director? |
An Assistant Director is appointed under Section 49(1) of the Act. |
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Which provision of the PMLA deals with “attachment”? |
Section 2(d) |
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What does "attachment" prevent you from doing with property? |
It prohibits the transfer, conversion, disposition, or movement of that property. |
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Which provision of the PMLA deals with “authorised person”? |
Section 2(da) |
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Which law defines an "authorised person" for the PMLA? |
An "authorised person" means an authorised person as defined in clause (c) of section 2 of the Foreign Exchange Management Act, 1999. |
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Which provision of the PMLA deals with “banking company”? |
Section 2(e) |
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How is a "banking company" defined?
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A "banking company" means a banking company or a co-operative bank to which the Banking Regulation Act, 1949, applies, and includes any bank or banking institution referred to in section 51 of that Act. |
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Does a co-operative bank count as a "banking company" under the PMLA? |
Yes, provided the Banking Regulation Act, 1949, applies to it. |
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Which provision of the PMLA deals with “Bench”? |
Section 2(f) |
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What is a "Bench"? |
A Bench is a sitting group that makes up a part of the Appellate Tribunal. |
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Which provision of the PMLA deals with “beneficial owner”? |
Section 2(fa) |
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Who is considered a "beneficial owner"? |
An individual who ultimately owns, controls a client of a reporting entity, or exercises ultimate effective control over a juridical person. |
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Which provision of the PMLA deals with “Chairperson”? |
Section 2(g) |
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What is the primary role of the "Chairperson"? |
The Chairperson is the presiding officer of the Appellate Tribunal. |
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Which provision of the PMLA deals with “chit fund company”? |
Section 2(h) |
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What legislation defines the 'chits' managed by a "chit fund company"? |
Section 2 of the Chit Funds Act, 1982, provides this definition. |
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Does a "chit fund company" manage funds in an agent capacity? |
Yes, a "chit fund company" manages, conducts, or supervises chits as a foreman, agent, or in another capacity. |
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Which provision of the PMLA deals with “client”? |
Section 2(ha) |
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What is a "client" in the context of a reporting entity? |
A: A person engaged in a financial transaction or activity with the entity, including anyone acting on behalf of that person. |
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Which provision of the PMLA deals with “co-operative bank”? |
Section 2(i) |
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Q: Which specific Act defines "co-operative bank" for the PMLA? |
A: It is defined in clause (dd) of section 2 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961. |
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Which provision of the PMLA deals with “corresponding law”? |
Section 2(ia) |
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What does "corresponding law" refer to? |
Any foreign law that corresponds to PMLA provisions or deals with offences similar to "scheduled offences". |
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Which provision of the PMLA deals with “dealer”? |
Section 2(ib) |
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Where can the definition of "dealer" be found? |
It has the same meaning as assigned in clause (b) of section 2 of the Central Sales Tax Act, 1956. |
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Which provision of the PMLA deals with “Deputy Director”? |
Section 2(j) |
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Who appoints a Deputy Director? |
A Deputy Director is appointed under sub-section (1) of section 49. |
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Which provision of the PMLA deals with “Director” or “Additional Director” or “Joint Director”? |
Section 2(k) |
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Who are the senior officers defined together under section 49(1)? |
The Director, Additional Director, and Joint Director. |
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Which provision of the PMLA deals with “financial institution”? |
Section 2(l) |
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Does the Department of Posts count as a "financial institution" under the PMLA? |
Yes, it is explicitly included in the definition, along with entities like NBFCs and chit fund companies. |
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Which Act's definition is cross-referenced for "financial institution"? |
Clause (c) of section 45-1 of the Reserve Bank of India Act, 1934. |
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Which provision of the PMLA deals with “housing finance institution”? |
Section 2(m) |
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What specific Act and clause defines "housing finance institution" for the PMLA? |
It is defined in clause (d) of section 2 of the National Housing Bank Act, 1987. |
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Which provision of the PMLA deals with “intermediary”? |
Section 2(n) |
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Q: Which regulatory authority registers a stock-broker defined as an "intermediary"? |
The Securities and Exchange Board of India (SEBI) under section 12 of the SEBI Act, 1992. |
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Can a member of an association recognized under the Forward Contracts (Regulation) Act, 1952, be considered an "intermediary"? |
Yes, any member of such an association is an "intermediary". |
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Can a member of an association recognized under the Forward Contracts (Regulation) Act, 1952, be considered an "intermediary"? |
Yes, any member of such an association is an "intermediary". |
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Which provision of the PMLA deals with “investigation”? |
Section 2(na) |
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Does "investigation" under the PMLA include the collection of evidence? |
A: Yes, "investigation" includes all proceedings conducted by the Director or an authorised authority for evidence collection. |
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Which provision of the PMLA deals with “Member”? |
Section 2(o) |
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Who is considered a "Member" of the Appellate Tribunal? |
A "Member" means a Member of the Appellate Tribunal and specifically includes the Chairperson. |
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Which provision of the PMLA deals with “money-laundering”? |
Section 2(p) |
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Where is the meaning of "money-laundering" assigned within the Act? |
The meaning of "money-laundering" is assigned to it in section 3 of the Act. |
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Which provision of the PMLA deals with “non-banking financial company”? |
Section 2(q) |
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The term "non-banking financial company" is defined with reference to which clause of the RBI Act, 1934? |
It is assigned the meaning found in clause (f) of section 45-I of the Reserve Bank of India Act, 1934. |
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Which provision of the PMLA deals with “notification”? |
Section 2(r) |
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“notification” means a notification published: |
in the Official Gazette; |
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Which provision of the PMLA deals with “offence of cross border implications”? |
Section 2(ra) |
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What is the first type of cross border implication offence? |
Conduct outside India that is an offence there and would be a scheduled offence if committed in India, with proceeds transferred to India. |
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What is the second type of cross border implication offence? |
A scheduled offence committed in India where proceeds are transferred or attempted to be transferred outside India. |
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Which parts of the Schedule are relevant for cross border offences? |
Part A, Part B, and Part C of the Schedule. |
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Does the 2009 Amendment stop investigations for older Part A or B offences? |
No, the explanation clarifies that such investigations or trials are not adversely affected. |
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Which provision of the PMLA deals with “payment system”? |
Section 2(rb) |
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How is "payment system" defined? |
A system enabling payment between a payer and beneficiary involving clearing, payment, or settlement services. |
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What specific operations are included in a "payment system"? |
Credit card, debit card, smart card, and money transfer operations. |
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Are "similar operations" to card payments covered as a payment system? |
Yes, the definition includes any operations similar to those listed in the explanation. |
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Which provision of the PMLA deals with “payment system operator”? |
Section 2(rc) |
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Who is a "payment system operator"? |
A person who operates a payment system, including their overseas principal. |
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Who is the "overseas principal" for an individual operator? |
An individual residing outside India who owns, controls, or manages the Indian payment system. |
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Who is the "overseas principal" for a Hindu undivided family (HUF)? |
The Karta residing outside India who owns, controls, or manages the Indian payment system. |
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Who is the "overseas principal" for companies or firms? |
The entity incorporated or registered outside India that owns, controls, or manages the Indian payment system. |
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Can management of a payment system be indirect? |
Yes, the definition covers both direct and indirect ownership, control, or management. |
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Does the definition of overseas principal apply to unincorporated bodies? |
Yes, it includes associations of persons or bodies of individuals whether incorporated or not. |
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Which provision of the PMLA deals with “person”? |
Section 2(s) |
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What entities are included in the definition of a "person" under the PMLA?
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A person includes an individual, a Hindu undivided family, a company, a firm, an association of persons or body of individuals (incorporated or not), artificial juridical persons, and any agency, office, or branch owned or controlled by these entities. |
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Which provision of the PMLA deals with “person carrying on designated business or profession”? |
Section 2(sa) |
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Does the Act include gambling in "designated business or profession"? |
Yes, it includes persons carrying on activities for playing games of chance for cash or kind, including casinos. |
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Which registration official can be notified as a person carrying on designated business? |
The Inspector-General of Registration appointed under the Registration Act, 1908. |
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Are real estate agents automatically covered under this section? |
No, they are covered only "as may be notified by the Central Government." |
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Who counts as a designated person in the jewelry and luxury sector? |
Dealers in precious metals, precious stones, and other high-value goods, as notified by the Central Government. |
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Is the safekeeping of assets on behalf of others a designated business? |
Yes, specifically for persons engaged in the safekeeping and administration of cash and liquid securities, as notified. |
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Can the Central Government expand the list of designated businesses? |
Yes, it may designate any other activity through notification from time to time. |
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Which provision of the PMLA deals with “precious metal”? |
Section 2(sb) |
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Which specific metals are defined as "precious metal" under the Act? |
A: Gold, silver, platinum, palladium, rhodium, or any other metal notified by the Central Government. |
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Which provision of the PMLA deals with “precious stone”? |
Section 2(sc) |
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Q: Which specific stones are defined as "precious stone" under the Act? |
A: Diamond, emerald, ruby, sapphire, or any other stone notified by the Central Government. |
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Which provision of the PMLA deals with “prescribed”? |
Section 2(t) |
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How is the term "prescribed" defined in the Act? |
"Prescribed" means prescribed by rules made under this Act. |
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What exactly constitutes "proceeds of crime"? |
Any property derived or obtained directly or indirectly from criminal activity related to a scheduled offence, or the value of such property. |
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Which provision of the PMLA deals with “proceeds of crime”? |
Section 2(u) |
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What if the property (proceeds of crime) is held outside India? |
Then property of equivalent value held within India or abroad is also considered proceeds of crime. |
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Does "proceeds of crime" only cover property from the specific scheduled offence? |
No, it also includes any property derived from any criminal activity relatable to that scheduled offence. |
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Which provision of the PMLA deals with “property”? |
Section 2(v) |
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How broadly is "property" defined? |
It means any assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, wherever located. |
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Does "property" include deeds or instruments? |
Yes, it includes deeds and instruments that evidence title to, or interest in, such property or assets. |
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Does the term "property" cover items used to commit an offence? |
Yes, the explanation clarifies that the term includes any kind of property used in the commission of an offence under the PMLA or any scheduled offence. |
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Which provision of the PMLA deals with “real estate agent”? |
Section 2(va) |
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How is "real estate agent" specifically defined? |
It is a real estate agent as defined in clause (88) of section 65 of the Finance Act, 1994. |
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Which provision of the PMLA deals with “records”? |
Section 2(w) |
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What forms can "records" take? |
Records include those maintained in books, stored in a computer, or in such other form as may be prescribed. |
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Which provision of the PMLA deals with “reporting entity”? |
Section 2(wa) |
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Who is considered a "reporting entity"? |
A banking company, financial institution, intermediary, or a person carrying on a designated business or profession. |
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Which provision of the PMLA deals with “Schedule”? |
Section 2(x) |
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What does "Schedule" refer to? |
"Schedule" means the Schedule appended to this Act. |
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What are the three categories of "scheduled offence"? |
Offences specified under Part A, Part B, and Part C of the Schedule. |
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Which provision of the PMLA deals with “scheduled offence”? |
Section 2(y) |
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Is there a monetary threshold for Part B offences to be considered scheduled? |
Yes, the total value involved in Part B offences must be one crore rupees or more. |
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Q: Does Part A or Part C have a minimum value requirement? |
A: No, the text does not specify a minimum value for offences under Part A or Part C. |
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Which provision of the PMLA deals with “Special Court”? |
Section 2(z) |
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What is a "Special Court" under the PMLA? |
A: A Court of Session designated as a Special Court under sub-section (1) of section 43. |
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Which provision of the PMLA deals with “transfer”? |
Section 2(za) |
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How broad is the definition of "transfer"? |
It includes sale, purchase, mortgage, pledge, gift, loan, or any other form of transfer of right, title, possession, or lien. |
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Which provision of the PMLA deals with “value”? |
Section 2(zb) |
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How is the "value" of property determined? |
It is the fair market value on the date of acquisition by a person. |
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How is value determined if the acquisition date is unknown? |
It is the fair market value on the date the property is possessed by the person. |
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How are legal references interpreted in areas where a specific enactment is not in force? |
They are construed as references to the corresponding law or relevant provisions in force in that area. |
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CHAPTER 2 |
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OFFENCE OF MONEY-LAUNDERING |
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In which section is the offence of money-laundering provided? |
Section 3 of the Prevention of Money-Laundering Act, 2002 |
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Who is guilty of the offence of money-laundering under Section 3? |
Whosoever directly or indirectly attempts to indulge, knowingly assists, knowingly is a party, or is actually involved in any process or activity connected with the proceeds of crime |
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What kinds of activities related to proceeds of crime attract liability under Section 3? |
Activities connected with proceeds of crime including their concealment, possession, acquisition, use, projecting them as untainted property, or claiming them as untainted property |
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The explanations were added by which amendment? |
Ins. by Act 23 of 2019 |
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What does the Explanation to Section 3 clarify? |
It clarifies when a person shall be guilty of the offence of money-laundering and defines the nature of the processes connected with proceeds of crime |
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According to the Explanation, when is a person guilty of money-laundering? |
When the person directly or indirectly attempts to indulge, knowingly assists, knowingly is a party, or is actually involved in one or more specified processes connected with proceeds of crime |
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The specific list of acts that constitutes involvement of money laundering was added by? |
Subs. by Act 2 of 2013, s. 3, |
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What are the specific processes listed in the Explanation that constitute involvement in money-laundering? |
Concealment, possession, acquisition, use, projecting as untainted property, and claiming as untainted property |
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How does the Explanation describe the nature of the activity connected with proceeds of crime? |
It states that the activity is a continuing activity |
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Until when does the activity of money-laundering continue? |
Until the person is directly or indirectly enjoying the proceeds of crime through concealment, possession, acquisition, use, projecting as untainted property, or claiming as untainted property |
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What does “continuing activity” imply in the context of Section 3? |
That the offence continues as long as the proceeds of crime are being enjoyed in any manner specified |
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In which section is the punishment for money-laundering provided? |
Section 4 of the Prevention of Money-Laundering Act, 2002 |
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What is the punishment prescribed for committing the offence of money-laundering? |
Rigorous imprisonment for a term not less than three years to Seven years and Fine |
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What happens to the maximum term of imprisonment when the proceeds of crime relate to offences under paragraph 2 of Part A of the Schedule? |
The maximum term is increased from seven years to ten years |
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CHAPTER III |
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ATTACHMENT, ADJUDICATION AND CONFISCATION |
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Attachment of property involved in money-laundering is mentioned in which section of the act? |
Section 5 |
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Who can provisionally attach property under Section 5(1)? |
The Director or any officer not below the rank of Deputy Director authorised by the Director. |
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What must the officer have before attaching property? |
Reason to believe, recorded in writing, on the basis of material in possession, that a person holds proceeds of crime likely to be concealed, transferred, or dealt with to frustrate confiscation proceedings. |
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For how long can property be provisionally attached under Section 5(1)? |
For a period not exceeding one hundred and eighty days from the date of the order. |
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When is an attachment order valid in relation to a scheduled offence? |
Only after a report has been forwarded to a Magistrate under Section 173 CrPC, or a complaint has been filed before a Magistrate or court, or under corresponding foreign law. |
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Can property be attached immediately even if a report or complaint is not filed? |
Yes, if the Director or Deputy Director has reason to believe, with reasons recorded in writing, that non-attachment would frustrate proceedings under the Act. |
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How is the period of 180 days computed if the proceedings are stayed by the High Court? |
The period of stay is excluded, and a further period not exceeding thirty days from the date of vacation of stay is counted. |
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What must the Director or Deputy Director do immediately after attachment? |
Forward a copy of the attachment order along with the material in possession to the Adjudicating Authority in a sealed envelope, in the prescribed manner. |
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What happens to the attachment order after the period expires? |
It ceases to have effect after the expiry of 180 days or on the date of an order under Section 8(3), whichever is earlier. |
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Does the attachment prevent the person from enjoying immovable property? |
No, the person interested may continue to enjoy the property. "Person interested" includes all claiming or entitled to claim any interest in the property. |
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What must the Director or Deputy Director do within 30 days of attachment? |
File a complaint stating the facts of such attachment before the Adjudicating Authority. |
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In which section is the provision regarding Adjudicating Authorities, composition and power provided? |
Section 6 of the Prevention of Money-Laundering Act, 2002 |
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Who appoints the Adjudicating Authority under the Act? |
The Central Government, by notification |
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What is the composition of the Adjudicating Authority? |
A Chairperson and two other Members |
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What experience must the Members of the Adjudicating Authority collectively possess? |
Experience in the fields of law, administration, finance or accountancy |
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Who is qualified to be appointed as a Member in the field of law? |
A person qualified to be a District Judge or a member of the Indian Legal Service holding a Grade I post |
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Who is qualified to be appointed as a Member in finance, accountancy or administration? |
A person possessing such qualifications as may be prescribed |
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Who appoints the Chairperson of the Adjudicating Authority? |
The Central Government |
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Can the jurisdiction of the Adjudicating Authority be exercised by Benches? |
Yes, subject to the provisions of the Act |
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Who constitutes the Benches of the Adjudicating Authority? |
The Chairperson, with one or two Members as deemed fit |
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Where shall the Benches of the Adjudicating Authority ordinarily sit? |
At New Delhi and at such other places as notified by the Central Government in consultation with the Chairperson |
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Who specifies the territorial jurisdiction of each Bench? |
The Central Government, by notification |
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Can a Member be transferred from one Bench to another? |
Yes, the Chairperson may transfer a Member from one Bench to another |
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When may a case be transferred to a Bench of two Members? |
When the Chairperson or a Member considers the matter to be of such nature requiring hearing by two Members |
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What is the term of office of the Chairperson and Members? |
Five years from the date they enter office |
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What is the maximum age limit for holding office as Chairperson or Member? |
Sixty-five years |
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Who prescribes the salary, allowances and service conditions of Members? |
They are prescribed by rules |
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Can the salary or service conditions of a Member be varied to his disadvantage after appointment? |
No, they cannot be varied to his disadvantage |
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How is a vacancy in the office of Chairperson or Member filled? |
By appointment of another person in accordance with the Act, and proceedings continue from the stage at which the vacancy is filled |
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How may the Chairperson or a Member resign? |
By giving notice in writing to the Central Government |
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How long must a Member or Chairperson continue after giving resignation notice? |
Until expiry of three months, or until a successor takes charge, or until expiry of their term, whichever is earliest, unless permitted to leave earlier |
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Can a Chairperson or Member be removed from office freely? |
No, removal can only be ordered by the Central Government after giving necessary opportunity of hearing |
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Who acts as Chairperson if the office becomes vacant due to death, resignation or otherwise? |
The senior-most Member acts as Chairperson until a new Chairperson assumes office |
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Who discharges the functions of the Chairperson during temporary inability such as illness or absence? |
The senior-most Member discharges the functions until the Chairperson resumes duties |
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Is the Adjudicating Authority bound by the Code of Civil Procedure, 1908? |
No, it is guided by principles of natural justice and may regulate its own procedure subject to the Act |
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In which section is the provision regarding staff of Adjudicating Authorities provided? |
Section 7 of the Prevention of Money-Laundering Act, 2002 |
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Who provides the officers and employees to the Adjudicating Authority? |
The Central Government |
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On what basis does the Central Government decide the staff strength for the Adjudicating Authority? |
As the Central Government may think fit |
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Under whose superintendence do the officers and employees of the Adjudicating Authority function? |
Under the general superintendence of the Chairperson of the Adjudicating Authority |
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How are the salaries, allowances and service conditions of the staff of the Adjudicating Authority determined? |
They are prescribed as per the rules |
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In which section is the process of adjudication provided? |
Section 8 of the Prevention of Money-Laundering Act, 2002 |
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When can the Adjudicating Authority issue a notice under Section 8(1)? |
When it has reason to believe that a person has committed an offence under Section 3 or is in possession of proceeds of crime |
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What is the minimum notice period that the Adjudicating Authority must give under Section 8(1)? |
Not less than thirty days |
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What is the purpose of the notice issued under Section 8(1)? |
To call upon the person to explain the sources of income, earnings, or assets used to acquire the attached, seized, or frozen property and show cause why it should not be declared involved in money-laundering |
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When must a copy of the notice under Section 8(1) be served on another person? |
When the notice specifies that the property is held by the person on behalf of another person |
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How is notice served when the property is jointly held? |
It must be served on all persons holding the property jointly |
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What must the Adjudicating Authority do after receiving a reply to the notice under Section 8(1)? |
It must consider the reply, hear the aggrieved person and the Director, and evaluate all relevant materials before recording a finding |
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What finding is the Adjudicating Authority required to record under Section 8(2)? |
Whether all or any of the properties referred to in the notice are involved in money-laundering |
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What procedural right is given to a third-party claimant under the proviso to Section 8(2)? |
They must be given an opportunity of being heard to prove that the property is not involved in money-laundering |
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What does the Adjudicating Authority do if it finds property involved in money-laundering? |
It confirms the attachment or retention or freezing of the property by an order in writing |
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How long does the confirmed attachment or freezing continue as per Section 8(3)? |
It continues during investigation for a period not exceeding 365 days or during the pendency of proceedings relating to any offence under the Act or corresponding foreign law |
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What happens after confiscation orders are passed under Section 8(5) or (7)? |
The attachment or freezing becomes final |
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How is the 365-day investigation period computed? |
Any period during which investigation is stayed by any court is excluded |
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What must the Director do after confirmation of attachment under Section 8(3)? |
He must forthwith take possession of the attached or frozen property in the prescribed manner |
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When is physical possession of frozen property not required? |
When it is not practicable to take possession; in such cases, the confiscation order has the same effect as actual possession |
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What must the Special Court order if it finds money-laundering proved after trial? |
It shall order that the property involved or used in the offence stands confiscated to the Central Government |
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What must the Special Court order if money-laundering is not proved? |
It shall order release of the property to the person entitled to receive it |
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When can the Special Court pass orders under Section 8(7)? |
When the trial cannot be conducted or concluded due to death of the accused, proclamation, or other reasons |
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What may the Special Court do under Section 8(8) regarding a confiscated property? |
It may direct restoration of confiscated property or part thereof to a claimant with legitimate interest who suffered a quantifiable loss |
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What conditions must a claimant satisfy for restoration under Section 8(8)? |
They must show good faith, reasonable precautions, and non-involvement in money-laundering |
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When may the Special Court consider a restoration claim even before the trial ends? |
When it thinks fit, in accordance with the second proviso to Section 8(8) |
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Which Section deals with vesting of property in the Central Government? |
Section 9 of the PMLA, 2002. |
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When does property vest absolutely in the Central Government? |
When an order of confiscation is passed under Section 8(5), 8(7), Section 58B, or Section 60(2A). |
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What happens to rights and title in the confiscated property? |
All rights and title vest absolutely in the Central Government, free from all encumbrances. |
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Who must be given an opportunity of being heard regarding the property? |
Any person interested in the property attached, seized, or frozen. |
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When can the Special Court or Adjudicating Authority declare an encumbrance void? |
If the encumbrance or lease-hold interest was created to defeat the provisions of the Act. |
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Effect of declaring an encumbrance or lease-hold interest void |
Property vests in the Central Government free from such encumbrances or lease interests. |
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Does this section remove liability of the person who created the encumbrance? |
No, liability continues and may be enforced through a suit for damages. |
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Which properties can have their encumbrances declared void? |
Properties attached under Chapter III or seized/frozen under Chapter V. |
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Purpose of the proviso under Section 9 |
To ensure that fraudulent or mala fide encumbrances cannot defeat confiscation. |
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Which section deals with management of confiscated properties? |
Section 10 of the PMLA, 2002. |
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Who appoints the Administrator? |
The Central Government. |
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How is the Administrator appointed? |
By an order published in the Official Gazette. |
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What should be the minimum rank of an Administrator? |
Not below the rank of Joint Secretary to the Government of India. |
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What is the main function of the Administrator under Section 10(2)? |
To receive and manage the confiscated property. |
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The Administrator manages property related to orders passed under which provisions? |
Section 8(5), Section 8(6), Section 8(7), Section 58B, or Section 60(2A). |
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In what manner must the Administrator manage the property? |
In the manner and subject to such conditions as may be prescribed. |
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What additional duty does the Administrator have under Section 10(3)? |
To take measures to dispose of property vested in the Central Government under Section 9. |
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Who directs the Administrator for disposal of the property? |
The Central Government. |
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Does Section 10 apply to attached or frozen property? |
No, it applies only to confiscated property. |
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Which section deals with powers regarding summons and production of documents? |
Section 11 of the PMLA, 2002. |
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Whose powers are given to the Adjudicating Authority under Section 11(1)? |
The powers of a civil court under the Code of Civil Procedure, 1908. |
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For what purpose are these powers granted? |
For the purposes of the PMLA. |
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What civil court powers can the Adjudicating Authority exercise? |
Discovery and inspection. |
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What power does Section 11 give regarding attendance? |
Power to enforce attendance of any person, including officers of banks/financial institutions/companies, and examine them on oath. |
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What is the power regarding documents under Section 11? |
Power to compel the production of records. |
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Can evidence be received through affidavits? |
Yes, Section 11(1)(d) allows receiving evidence on affidavits. |
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Does the Adjudicating Authority have power to issue commissions? |
Yes, for examination of witnesses and documents. |
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Can additional powers be prescribed? |
Yes, Section 11(1)(f) allows “any other matter as may be prescribed.” |
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Are persons summoned bound to attend? |
Yes, either in person or through authorised agents as directed. |
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Are persons summoned bound to speak the truth? |
Yes, they must state the truth and produce required documents. |
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How are proceedings under Section 11 treated? |
They are deemed judicial proceedings. |
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Which IPC sections apply due to Section 11(3)? |
Sections 193 (false evidence) and 228 (insult to public servant). |
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What is the effect of being deemed a judicial proceeding? |
False statements/evidence attract penal consequences under IPC. |
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Which section deals with verification of identity by reporting entities? |
Section 11A of the PMLA. |
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What must every reporting entity verify? |
The identity of its clients and the beneficial owner. |
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How can a banking company verify identity? |
By Aadhaar authentication under the Aadhaar Act, 2016. |
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What is the first non-banking mode of identity verification? |
Offline Aadhaar verification (Aadhaar Act, 2016). |
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What is the passport option available? |
Use of passport issued under Section 4 of the Passports Act, 1967. |
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Can other documents be used for identity verification? |
Yes, any officially valid document or notified mode. |
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Who may notify additional modes of identification? |
The Central Government. |
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When can a non-banking reporting entity be allowed to use Aadhaar authentication? |
If the Central Government is satisfied that it meets Aadhaar privacy & security standards. |
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Who must be consulted before issuing such a notification? |
UIDAI and the appropriate regulator. |
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What must reporting entities do if they use Aadhaar authentication? |
They must also offer other modes—offline Aadhaar, passport, or other valid documents. |
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Is Aadhaar mandatory for identity verification? |
No. Use of any mode is voluntary for the client or beneficial owner. |
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Can services be denied for not having Aadhaar? |
No, services cannot be denied for non-availability of Aadhaar. |
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What information is prohibited from being stored when Aadhaar authentication/offline verification is used? |
No core biometric information or Aadhaar number shall be stored. |
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Does Section 11A allow additional safeguards? |
Yes, the Central Government may notify additional safeguards for reporting entities. |
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What do “Aadhaar number” and “core biometric information” mean? |
Same meanings as in Section 2(a) and 2(j) of the Aadhaar Act, 2016. |
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CHAPTER IV |
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OBLIGATIONS OF BANKING COMPANIES, FINANCIAL INSTITUTIONS AND INTERMEDIARIES |
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Which section deals with maintenance of records by reporting entities? |
Section 12 of the PMLA, 2002. |
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What must every reporting entity maintain under Section 12(1)(a)? |
A record of all transactions, including specified transactions, enabling reconstruction of individual transactions. |
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What must reporting entities furnish to the Director? |
Information relating to transactions, whether attempted or executed, including nature and value as prescribed. |
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What documents must reporting entities maintain under Section 12(1)(e)? |
Documents evidencing identity of clients and beneficial owners, account files, and business correspondence. |
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Are the records maintained and furnished by reporting entities confidential? |
Yes, all such information must be kept confidential unless otherwise provided by law. |
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For how long must transaction records (clause a) be maintained? |
For five years from the date of the transaction between client and reporting entity. |
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For how long must identity/account records (clause e) be maintained? |
For five years after the business relationship ends or the account is closed, whichever is later. |
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Can the Central Government exempt reporting entities from obligations under this chapter? |
Yes, by notification, it may exempt any reporting entity or class of reporting entities. |
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Does Section 12 apply to attempted as well as executed transactions? |
Yes, both attempted and executed transactions must be recorded and reported. |
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What is the purpose of maintaining records under Section 12? |
To enable reconstruction, verification, and reporting of transactions in compliance with PMLA. |
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Which section deals with access to information by the Director? |
Section 12A of the PMLA, 2002. |
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Who may call for records and information under Section 12A? |
The Director. |
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From whom can the Director call for information? |
From any reporting entity. |
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Which records can the Director request under Section 12A(1)? |
Records referred to in Section 11A, Section 12(1), Section 12AA(1), and any additional information he considers necessary. |
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What must a reporting entity do when the Director calls for information? |
Furnish the information within the time and manner specified by the Director. |
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Is there a confidentiality requirement for information furnished under Section 12A? |
Yes, unless otherwise provided by law, all information must be kept confidential. |
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For what purpose can the Director seek information? |
For the purposes of the PMLA, 2002. |
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Does Section 12A apply to all reporting entities? |
Yes, all reporting entities are required to comply. |
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Which section deals with enhanced due diligence by reporting entities? |
Section 12AA of the PMLA, 2002. |
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When must enhanced due diligence be conducted? |
Prior to the commencement of each specified transaction. |
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What is the first step under enhanced due diligence (12AA(1)(a))? |
Verify the identity of clients by Aadhaar authentication as prescribed. |
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What happens if a client is not entitled to an Aadhaar number? |
Verification must be carried out by another prescribed process or mode. |
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What additional steps must the reporting entity take under 12AA(1)(b)? |
Examine ownership, financial position, and sources of funds of the client. |
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What additional steps must be taken under 12AA(1)(c)? |
Record the purpose of the specified transaction and the intended nature of the relationship between transaction parties. |
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What happens if the client fails to fulfill due diligence conditions? |
The reporting entity shall not allow the specified transaction. |
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How must suspicious or high-risk transactions be handled under 12AA(3)? |
Increase future monitoring, including greater scrutiny of the client’s business relationship and transactions. |
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For how long must information obtained under enhanced due diligence be maintained? |
Five years from the date of the transaction. |
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What constitutes a “specified transaction” under Section 12AA? |
(a) Cash withdrawal or deposit exceeding prescribed amount; (b) foreign exchange transaction exceeding prescribed amount; (c) high-value imports or remittances; (d) other prescribed transactions with high risk of money-laundering or terrorist financing. |
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Which section deals with the powers of the Director to impose fines? |
Section 13 of the PMLA, 2002. |
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Who can initiate an inquiry under Section 13(1)? |
Either the Director on his own motion or on an application made by any authority, officer, or person. |
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What is the purpose of an inquiry under Section 13(1)? |
To examine obligations of the reporting entity under this Chapter. |
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What power does the Director have under Section 13(1A)? |
He may direct the reporting entity to get specified records audited by an accountant from a government-maintained panel. |
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Who bears the cost of any audit under Section 13(1B)? |
The Central Government. |
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What action can the Director take if a reporting entity or its employee fails to comply under Section 13(2)? |
(a) Issue a warning; (b) direct compliance with specific instructions; (c) direct submission of reports at prescribed intervals; (d) impose a monetary penalty of ₹10,000 to ₹1,00,000 per failure. |
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To whom must the Director forward the order passed under Section 13(3)? |
To every banking company, financial institution, intermediary, or person who is a party to the proceedings. |
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Who qualifies as an “accountant” under Section 13? |
A chartered accountant within the meaning of the Chartered Accountants Act, 1949. |
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Is the monetary penalty under Section 13 cumulative or per failure? |
It is imposed for each failure. |
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Does the Director’s power under Section 13 affect other actions under the PMLA? |
No, it is without prejudice to other actions under the Act. |
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Which section provides protection to reporting entities, their directors, and employees from civil or criminal proceedings? |
Section 14 of the PMLA, 2002. |
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CHAPTER V |
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SUMMONS, SEARCHES AND SEIZURES, ETC. |
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Which section deals with the power of survey under PMLA? |
Section 16 of the PMLA, 2002. |
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When can an authority exercise the power of survey? |
When the authority has reason to believe, with reasons recorded in writing, that an offence under Section 3 has been committed. |
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Where can the authority enter for conducting a survey? |
(i) Within the limits of the area assigned to him; or (ii) any place for which he is authorised by another competent authority. |
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Who can the authority require to provide information during a survey? |
Any proprietor, employee, or any other person attending or helping in the act constituting the offence. |
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What facilities can the authority demand during a survey? |
(i) Facility to inspect records; (ii) facility to check or verify proceeds of crime or related transactions; (iii) furnish information useful for proceedings under the Act. |
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How is “place” defined for the purposes of survey? |
It includes any place where the act constituting the offence is carried out, or any other place where records or property related to such act are kept. |
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What must the authority do after completing the survey? |
Forward a copy of the recorded reasons and material in possession to the Adjudicating Authority in a sealed envelope. |
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What powers does the authority have regarding records and property? |
(i) Place identification marks on records and make extracts or copies; (ii) make an inventory of property checked or verified; (iii) record statements of any person present relevant to proceedings. |
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What is the purpose of recording statements and making inventories? |
To gather information and evidence useful or relevant for any proceeding under the PMLA. |
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Which section deals with search and seizure under PMLA? |
Section 17 of the PMLA, 2002. |
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Who can exercise powers of search and seizure under this section? |
The Director or any officer not below the rank of Deputy Director authorised by him. |
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When can search and seizure be conducted? |
When there is reason to believe, recorded in writing, that a person—(i) committed money-laundering; (ii) possesses proceeds of crime; (iii) possesses records relating to money-laundering; or (iv) possesses property related to crime. |
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What powers can the authorised officer delegate to subordinates? |
To enter and search premises, seize records or property, examine persons, and place identification marks or make copies/extracts. |
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What specific powers are granted to the officer during search? |
(a) Enter buildings, vessels, vehicles, aircraft; (b) break open locks if keys unavailable; (c) seize records or property; (d) place identification marks or make extracts/copies; (e) make inventory; (f) examine persons on oath regarding relevant matters. |
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What happens if seizure of record or property is not practicable? |
The officer may issue a freezing order preventing transfer or dealing with the property, with copy served to the person concerned. |
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Can a frozen property be seized later? |
Yes, if it becomes practicable before confiscation under Section 8 or 58B or 60, it may be seized by the authorised officer. |
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What must the officer do after search, seizure, or freezing? |
Forward a copy of the recorded reasons and material to the Adjudicating Authority in a sealed envelope. |
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Can search be conducted without prior authorisation? |
Yes, if evidence is at risk of being concealed or tampered with based on survey under Section 16; reasons must be recorded in writing. |
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What is the time frame to apply for retention or continuation of seized/frozen property? |
Within thirty days from the date of seizure or freezing, the officer must file an application before the Adjudicating Authority. |
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Which section deals with search of persons under PMLA? |
Section 18 of the PMLA, 2002. |
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Who can conduct a search under this section? |
Any authority authorised by the Central Government by general or special order. |
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When can a person be searched? |
When there is reason to believe, recorded in writing, that the person has secreted records or proceeds of crime useful for proceedings under the Act. |
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What must the authority do immediately after search and seizure? |
Forward a copy of the reasons recorded along with material in his possession to the Adjudicating Authority in a sealed envelope. |
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What happens if the person requests it? |
The person must be taken within 24 hours to the nearest Gazetted Officer superior in rank or a Magistrate. |
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Does the 24-hour period include travel time? |
No, travel time to the Gazetted Officer or Magistrate’s Court is excluded. |
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What if the Gazetted Officer or Magistrate sees no reasonable ground for search? |
The person is forthwith discharged. |
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What must be done before conducting the search? |
Call two or more persons to witness the search; the search is conducted in their presence. |
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Are there gender restrictions on search? |
Yes, no female shall be searched by anyone except a female. |
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What must be prepared during the search? |
A list of records or property seized, signed by the witnesses. |
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What additional step must the authority take during the search? |
Record the statement of the person searched regarding records or proceeds of crime found or seized. |
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What is the time frame for filing application for retention of seized property? |
Within thirty days from the seizure, an application must be filed before the Adjudicating Authority. |
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Which section deals with the power to arrest under PMLA? |
Section 19 of the PMLA, 2002. |
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Who can make an arrest under this section? |
The Director, Deputy Director, Assistant Director, or any other officer authorised by the Central Government by general or special order. |
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When can a person be arrested? |
If there is reason to believe, recorded in writing, that the person has committed an offence punishable under this Act. |
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What must the officer do immediately after arrest? |
Inform the person of the grounds for such arrest. |
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What must the officer do after arrest regarding documentation? |
Forward a copy of the order along with the material in his possession to the Adjudicating Authority in a sealed envelope. |
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Where must the arrested person be produced? |
Within twenty-four hours, before a Special Court, Judicial Magistrate, or Metropolitan Magistrate having jurisdiction. |
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Does the twenty-four hour period include travel time? |
No, travel time from the place of arrest to the court is excluded. |
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Which section deals with retention of property under PMLA? |
Section 20. |
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When can property be retained or continue to remain frozen? |
If seized under section 17 or 18, or frozen under section 17(1A), and the officer authorised by the Director has reason to believe it is required for adjudication under section 8. |
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What is the maximum initial period for retention or freezing of property? |
180 days from the date of seizure or freezing. |
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What must the officer do after passing the order for retention or continuation of freezing? |
Forward a copy of the order along with material in his possession to the Adjudicating Authority in a sealed envelope. |
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What happens to the property after 180 days if no further order is made? |
It shall be returned to the person from whom it was seized or whose property was frozen. |
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When can retention or continuation of freezing be extended beyond 180 days? |
If the Adjudicating Authority is satisfied that the property is prima facie involved in money-laundering and required for adjudication under section 8. |
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Who directs the release of property not involved in money-laundering? |
The Special Court under section 8(5) or 8(7), or the Adjudicating Authority under section 58B or 60(2A). |
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Can the Director withhold release of property? |
Yes, for up to 90 days from receipt of the release order if the property is relevant for appeal proceedings. |
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Which section deals with retention of records under PMLA? |
Section 21. |
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When can records be retained or continue to remain frozen? |
If seized under section 17 or 18, or frozen under section 17(1A), and the Investigating Officer or authorised officer has reason to believe they are required for any inquiry under the Act. |
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What is the maximum initial period for retention or freezing of records? |
180 days from the date of seizure or freezing. |
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Are the persons from whom records are seized entitled to anything? |
Yes, they are entitled to obtain copies of the records. |
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What happens to the records after 180 days if no further order is made? |
They shall be returned to the person from whom the records were seized or frozen. |
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When can retention or continuation of freezing of records be extended beyond 180 days? |
If the Adjudicating Authority is satisfied that the records are required for adjudication under section 8. |
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Who directs the release of records after confiscation or release orders? |
The Adjudicating Authority under section 8(5), 8(6), 8(7), 58B, or 60(2A). |
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Can the Director withhold release of records? |
Yes, for up to 90 days from receipt of the release order if the records are relevant for appeal proceedings. |
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Which section deals with presumption regarding records or property? |
Section 22. |
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When do the presumptions under this section apply? |
During a survey, search, seizure, freezing of records/property, or when records/property are produced by any person. |
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What presumption is made about records received from outside India under Section 22(2)? |
The Special Court, Appellate Tribunal, or Adjudicating Authority shall presume that the signature and every part of the record purporting to be in the handwriting of any person is indeed that person’s handwriting, and if executed or attested, that it was done by the person it purports to have been executed or attested by. |
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Can a record received from outside India be admitted if it is not duly stamped? |
Yes, the document can be admitted in evidence if it is otherwise admissible under law, notwithstanding it is not duly stamped. |
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Which authorities can make the presumption under Section 22(2)? |
The Special Court, the Appellate Tribunal, or the Adjudicating Authority, as applicable. |
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What are the conditions for the record to qualify for this presumption? |
The record must be duly authenticated by the relevant authority or person and in the manner prescribed. |
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What are the three key presumptions under Section 22(1)? |
(i) The records or property belong to the person in whose possession or control they are found. (ii) The contents of such records are true. iii) The signature or handwriting on the records is that of the person it purports to be, and if stamped, executed, or attested, it was done by that person. |
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Does this section shift the burden of proof? |
Yes, it creates a legal presumption in favour of the authenticity and ownership of records/property, making it difficult for the possessor to deny it. |
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Which section deals with presumption in inter-connected transactions? |
Section 23. |
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When does this presumption apply? |
When money-laundering involves two or more inter-connected transactions and at least one of them is proved to be involved in money-laundering. |
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What is presumed under Section 23? |
It shall be presumed that the remaining transactions are also part of such inter-connected money-laundering transactions. |
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Can this presumption be rebutted? |
Yes, if the Adjudicating Authority or the Special Court is satisfied otherwise, based on evidence. |
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For what purposes is this presumption applied? |
For adjudication or confiscation under Section 8 or for trial of the money-laundering offence. |
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Which section deals with burden of proof in money-laundering cases? |
Section 24. |
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Who bears the initial presumption in proceedings under this Act? |
A) In the case of a person charged under Section 3 (money-laundering offence), the Authority or Court shall, unless the contrary is proved, presume that the proceeds of crime are involved in money-laundering. B) In the case of any other person, the Authority or Court may presume that the proceeds of crime are involved in money-laundering. |
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Can this presumption be rebutted? |
Yes, the person can produce evidence to prove otherwise. |
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Purpose of Section 24 |
Prescribes the evidentiary burden regarding proceeds of crime in money-laundering proceedings. |
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CHAPTER VI |
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APPELLATE TRIBUNAL |
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What does Section 25 deal with? |
Constitution and designation of the Appellate Tribunal under PMLA. |
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Which Tribunal acts as the Appellate Tribunal under PMLA? |
The Appellate Tribunal constituted under Section 12(1) of the SAFEMA Act, 1976. |
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What kinds of orders can be appealed before this Tribunal? |
Orders passed by the Adjudicating Authority and other authorities under the PMLA. |
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Is a separate Tribunal created for PMLA? |
No. The existing SAFEMA Appellate Tribunal is designated as the Appellate Tribunal under PMLA. |
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Purpose of this provision: |
To provide a specialized appellate mechanism for reviewing decisions under PMLA. |
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The Appeal to Appellate Tribunal is given in which section? |
Section 26 |
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Who can file an appeal under Section 26(1)? |
The Director or any person aggrieved by an order of the Adjudicating Authority. |
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Who can file an appeal under Section 26(2)? |
Any reporting entity aggrieved by an order of the Director under Section 13(2). |
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What is the time limit to file an appeal? |
Within 45 days of receiving the order. |
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Can the appeal be filed after 45 days? |
Yes, if the Tribunal is satisfied that there was sufficient cause for delay. |
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What form and fee are required? |
Appeal must be in the prescribed form and accompanied by the prescribed fee. |
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What powers does the Appellate Tribunal have when hearing an appeal? |
It may confirm, modify, or set aside the order appealed against. |
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Is a hearing mandatory? |
Yes, parties must be given an opportunity of being heard. |
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To whom does the Tribunal send its order? |
To the parties and the concerned Adjudicating Authority or Director. |
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How soon should appeals be disposed of? |
As expeditiously as possible, preferably within 6 months from filing. |
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The Procedure and powers of Appellate Tribunal is given under which section? |
Section 35 |
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Is the Appellate Tribunal bound by the CPC? |
No, it is not bound by the Civil Procedure Code; it is guided by principles of natural justice. |
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Can the Appellate Tribunal regulate its own procedure? |
Yes, subject to the Act, it can regulate its own procedure. |
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What civil court powers does the Tribunal have regarding attendance? |
It can summon and enforce attendance and examine persons on oath. |
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What power does it have regarding documents? |
It can require discovery and production of documents. |
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Can the Tribunal receive evidence on affidavits? |
Yes, it can. |
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Can the Tribunal requisition public records? |
Yes, subject to Sections 123 and 124 of the Indian Evidence Act, 1872. |
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Can it issue commissions? |
Yes, it can issue commissions for examination of witnesses or documents. |
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Can the Tribunal review its own decisions? |
Yes, it has the power to review its decisions. |
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Can it dismiss or decide representations ex parte? |
Yes, it can dismiss for default or decide ex parte. |
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Can it set aside dismissal/ex parte orders? |
Yes, it can set aside such orders. |
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Does the Tribunal’s order operate like a civil court decree? |
Yes, its orders are executable like a decree of a civil court. |
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Can the Tribunal send its order to a civil court for execution? |
Yes, it may transmit the order to a civil court, which will execute it as its own decree. |
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Are proceedings before the Tribunal considered judicial proceedings? |
Yes, under IPC Sections 193 and 228. |
|
Is the Tribunal deemed a civil court for certain purposes? |
Yes, for CrPC Sections 345 and 346. |
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Distribution of business amongst Benches is mentioned under which provision of the Act? |
Section 36 |
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Who has the authority to distribute business among the Benches of the Appellate Tribunal under Section 36? |
The Chairman of the Appellate Tribunal. |
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How can the Chairman distribute business among the Benches? |
By issuing a notification. |
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What may the notification issued by the Chairman specify? |
It may specify the distribution of business among the Benches. |
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Can the Chairman also specify matters to be dealt with by each Bench? |
Yes, the notification can provide for the matters to be handled by each Bench. |
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When can the Chairman make provisions for such distribution? |
From time to time, as required. |
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What does Section 37 deal with? |
Power of the Chairman to transfer cases between Benches. |
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Who can apply for transfer of a case? |
Any of the parties to the case. |
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Is notice to parties required before transfer? |
Yes, if transfer is based on an application by a party. |
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Will the Chairman hear parties before deciding the transfer? |
Yes, he may hear such parties as he desires to hear. |
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Can the Chairman transfer a case on his own motion? |
Yes, he can transfer a case suo motu without notice. |
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To whom can a case be transferred? |
From one Bench to any other Bench. |
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Purpose of this provision? |
To ensure efficient and fair disposal of cases by reallocating workload or avoiding bias. |
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What does Section 38 deal with? |
Decision to be made by majority in case of differing opinions. |
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When does Section 38 apply? |
When a Bench of two Members differs in opinion on any point. |
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What must the Members do if they differ? |
They must state the point(s) of difference and refer them to the Chairman. |
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What does the Chairman do after reference? |
He may hear the points himself or refer them to a third Member. |
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Who finally decides the disputed point(s)? |
The majority of the Members who have heard the case. |
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Does the majority include original Members? |
Yes, the decision includes the opinions of Members who first heard the case. |
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Purpose of this provision? |
To resolve differences and ensure finality through majority opinion. |
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What does Section 39 deal with? |
Right of appellant to take assistance of an authorised representative; Government’s power to appoint presenting officers. |
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Can an appellant appear personally before the Appellate Tribunal? |
Yes, the appellant may appear in person. |
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Can an appellant take assistance? |
Yes, the appellant may take assistance of an authorised representative of his choice. |
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What is the meaning of “authorised representative”? |
It has the same meaning as given in Section 288(2) of the Income-tax Act, 1961. |
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Who can present the case for the Government or Director? |
Authorised representatives or officers appointed as presenting officers. |
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Who appoints presenting officers? |
The Central Government or the Director. |
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What is the role of a presenting officer? |
To present the case on behalf of the Government or Director before the Appellate Tribunal. |
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What does Section 40 deal with? |
Section 40 declares that certain authorities under PMLA are deemed public servants. |
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Who are deemed public servants under this section? |
The Chairman, Members, officers, and employees of the Appellate Tribunal, Adjudicating Authority, Director, and subordinate officers. |
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Under which law are they deemed public servants? |
Under Section 21 of the Indian Penal Code, 1860. |
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Why is this provision important? |
It ensures accountability, integrity, and applicability of offences relating to misconduct of public servants. |
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Does this include staff working under the Director? |
Yes, all officers subordinate to the Director are included. |
|
What does Section 41 deal with? |
Bar of jurisdiction of civil courts under the PMLA. |
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What is the effect of this section? |
Civil courts cannot entertain suits or proceedings on matters that fall under the powers of the Director, Adjudicating Authority, or Appellate Tribunal. |
|
Can a civil court issue an injunction in PMLA matters? |
No. Courts or other authorities cannot grant injunctions against actions taken under PMLA powers. |
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Why is civil court jurisdiction barred? |
To ensure exclusive and speedy adjudication by specialised PMLA authorities. |
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Who has the authority to decide matters under PMLA? |
The Director, Adjudicating Authority, and Appellate Tribunal. |
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What does Section 42 deal with? |
Appeal to the High Court against orders of the Appellate Tribunal. |
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Who can file an appeal under Section 42? |
Any person aggrieved by a decision or order of the Appellate Tribunal. |
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Within how many days must the appeal be filed? |
Within 60 days from the date of communication of the Tribunal’s order. |
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Can the delay be condoned? |
Yes, the High Court may allow a further period up to 60 days if sufficient cause is shown. |
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On what grounds can an appeal be filed? |
On any question of law or fact arising from the order of the Appellate Tribunal. |
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What is the definition of “High Court” for this section? |
(i) The High Court where the aggrieved party ordinarily resides, carries on business, or works for gain; (ii) If the Central Government is the aggrieved party, the High Court where the respondent resides, carries on business, or works for gain. |
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What does Section 43 deal with? |
Designation and powers of Special Courts under PMLA. |
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Who designates Special Courts? |
The Central Government, in consultation with the Chief Justice of the High Court. |
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For what purpose are Special Courts designated? |
For trial of offences punishable under Section 4 of the PMLA. |
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Can Special Courts try other offences as well? |
Yes, they can try other offences with which the accused may be charged under the CrPC at the same trial. |
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What does “High Court” mean in this context? |
The High Court of the State in which the Sessions Court designated as Special Court was functioning immediately before designation. |
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What is the main focus of Section 44? |
Offences triable by Special Courts under PMLA. |
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Which offences are triable by a Special Court? |
(a) Offences punishable under Section 4 and any scheduled offence connected to it; (b) Offences under Section 3 (money-laundering) upon complaint by an authorised authority. |
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Can a Special Court try scheduled offences already pending before PMLA? |
Yes, the Special Court continues to try scheduled offences commenced before the Act. |
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What happens if scheduled offences and money-laundering offences are handled by different courts? |
The authority can apply to commit the scheduled offence case to the Special Court, which proceeds from the stage at which it is committed. |
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How are trials conducted by Special Courts? |
In accordance with the Code of Criminal Procedure, 1973, as applicable to a Court of Session. |
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Does the jurisdiction of the Special Court depend on prior orders for scheduled offences? |
No, the jurisdiction is independent, and trial of both offences by the same court is not a joint trial. |
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Can complaints include subsequent complaints based on further investigation? |
Yes, subsequent complaints for additional evidence, oral or documentary, are included in the original complaint. |
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Does Section 44 affect the High Court's powers regarding bail? |
No, the High Court retains special powers under Section 439 CrPC, including reference to Special Courts designated under Section 43. |
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“The Offences to be cognizable and non-bailable” is given in which section? |
Section 45 |
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What type of offences are specified under Section 45 of PMLA? |
All offences under the Act are cognizable and non-bailable. |
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Can a person accused under this Act be released on bail automatically? |
No, release on bail requires conditions to be satisfied as per Section 45. |
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What is the first condition for granting bail under this section? |
The Public Prosecutor must be given an opportunity to oppose the bail application. |
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What must the court be satisfied of if the Public Prosecutor opposes bail? |
The court must be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail. |
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Which categories of persons may be released on bail notwithstanding the general non-bailable rule? |
Persons under sixteen years of age, women, sick or infirm persons, or those accused of laundering less than one crore rupees either alone or with co-accused. |
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Who can file a complaint for the Special Court to take cognizance of an offence under Section 4? |
Either the Director or an officer of the Central or State Government authorised in writing by the Central Government. |
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Is police investigation allowed into offences under this Act freely? |
No, a police officer can investigate only if specifically authorised by the Central Government under a general or special order. |
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Are there any additional conditions for granting bail apart from Section 45? |
Yes, limitations under the Code of Criminal Procedure or any other law for the time being in force also apply. |
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What does the explanation under Section 45 clarify about offences under this Act? |
It clarifies that all offences under the Act are deemed cognizable and non-bailable, allowing authorised officers to arrest without warrant, subject to Section 19 and Section 45 conditions. |
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Does the non-bailable nature of offences under this Act override the Code of Criminal Procedure? |
Yes, notwithstanding the Code of Criminal Procedure, all offences under this Act are non-bailable. |
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Application of Code of Criminal Procedure, 1973 to proceedings before Special Court is mentioned under which section? |
Section 46 |
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Do the provisions of the Code of Criminal Procedure, 1973 apply to proceedings before a Special Court under PMLA? |
Yes, except as otherwise provided in the Act, all provisions of the CrPC apply to Special Court proceedings. |
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How is the Special Court treated for the purpose of applying the Code of Criminal Procedure? |
It is deemed to be a Court of Session. |
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Who are treated as Public Prosecutors for proceedings before the Special Court? |
Persons conducting the prosecution before the Special Court are deemed to be Public Prosecutors. |
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Can the Central Government appoint any other type of prosecutor for Special Court cases? |
Yes, the Central Government may appoint a Special Public Prosecutor for any case or class/group of cases. |
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What is the minimum qualification required to be appointed as a Public Prosecutor or Special Public Prosecutor under this section? |
The person must have practiced as an advocate for not less than seven years under the Union or a State. |
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Does the appointed Public Prosecutor or Special Public Prosecutor have the same legal status as a Public Prosecutor under the CrPC? |
Yes, they are deemed to be Public Prosecutors within the meaning of clause (u) of section 2 of the CrPC, and the provisions of the CrPC apply accordingly. |
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Appeal and revision is given in which provision? |
Section 47 |
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Which Court has the power of appeal and revision over Special Court orders under this Act? |
The High Court. |
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What powers can the High Court exercise over Special Court proceedings? |
All powers conferred by Chapter XXIX (Appeal) and Chapter XXX (Revision) of the CrPC, 1973, as applicable. |
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How is a Special Court treated for the purpose of High Court appeals or revisions? |
It is deemed to be a Court of Session within the local limits of the High Court’s jurisdiction. |
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Does this provision limit the powers of the High Court in any way? |
No, the High Court exercises the powers as if the Special Court were a regular Court of Session. |
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CHAPTER VIII |
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AUTHORITIES |
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What does Section 48 of the Act deal with? |
Authorities under the Act. |
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Which classes of authorities are specified under the Act? |
(a) Director or Additional Director or Joint Director, (b) Deputy Director, (c) Assistant Director, (d) such other class of officers as may be appointed for the purposes of this Act. |
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What does Section 49 of the Act deal with? |
Appointment and powers of authorities and other officers. |
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Who can appoint authorities under this Act? |
The Central Government may appoint such persons as it thinks fit to be authorities for the purposes of this Act. |
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Can appointed authorities further appoint other officers? |
Yes, the Central Government may authorise the Director, Additional Director, Joint Director, Deputy Director, or Assistant Director to appoint other authorities below the rank of an Assistant Director. |
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What powers can an authority exercise under this section? |
Subject to conditions and limitations imposed by the Central Government, an authority may exercise the powers and discharge the duties conferred or imposed on it under this Act. |
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What is the main subject of Section 50? |
Powers of authorities regarding summons, production of documents, and giving evidence. |
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Which authority has powers similar to a civil court under this section? |
The Director, for the purposes of section 13. |
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What are some specific powers of the Director under sub-section (1)? |
(a) Discovery and inspection, (b) enforcing attendance and examining any person on oath, (c) compelling production of records, (d) receiving evidence on affidavits, (e) issuing commissions for examination of witnesses and documents, (f) any other prescribed matters. |
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Who else besides the Director has power to summon persons? |
Additional Director, Joint Director, Deputy Director, and Assistant Director. |
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What is the purpose of summoning persons under sub-section (2)? |
To give evidence or produce records during investigation or proceedings under this Act. |
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Are summoned persons bound to attend and provide information? |
Yes, they must attend in person or through authorised agents, state the truth, and produce required documents. |
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How are proceedings under sub-sections (2) and (3) classified legally? |
They are deemed judicial proceedings under sections 193 and 228 of the IPC. |
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Can officers retain records produced during proceedings? |
Yes, subject to rules by the Central Government, officers may impound and retain records for such period as deemed fit. |
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Are there restrictions on Assistant Directors or Deputy Directors regarding retention? |
Yes, they cannot impound records without recording reasons, nor retain them beyond three months without Joint Director approval. |
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What is the main subject of Section 51? |
Jurisdiction of authorities under the Act. |
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How should authorities exercise their powers and functions? |
All or any powers and functions conferred or assigned under the Act or rules must be exercised in accordance with directions issued by the Central Government. |
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Who issues directions regarding the exercise of powers and functions? |
The Central Government. |
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What criteria may the Central Government consider when issuing directions? |
(a) Territorial area, (b) Classes of persons, (c) Classes of cases, (d) Any other criterion specified by the Central Government. |
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What is the main subject of Section 52? |
Power of the Central Government to issue directions, orders, and instructions. |
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Who can issue orders, instructions, and directions under this section? |
The Central Government. |
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To whom are these orders, instructions, and directions applicable? |
Authorities and all other persons employed in execution of this Act. |
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What is the purpose of issuing such orders, instructions, or directions? |
For the proper administration of the Act. |
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What restrictions are placed on the Central Government in issuing directions? |
(a) Cannot require any authority to decide a particular case in a particular manner; (b) Cannot interfere with the discretion of the Adjudicating Authority in exercise of his functions. |
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Empowerment of certain officers is mentioned under which provision of the Act? |
Section 53 |
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What is the main subject of Section 53? |
Empowerment of certain officers to act as authorities under this Act. |
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Who can empower officers under this section? |
The Central Government. |
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What rank must an officer hold to be empowered as an authority under this section? |
Not below the rank of Director of the Central Government or of a State Government. |
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Can officers below the rank of Director be empowered? |
Yes, if officers of the rank of Director or above are not available in a particular area. |
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By what means can officers be empowered under this section? |
By a special or general order of the Central Government. |
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“Certain officers to assist in inquiry, etc.” is mentioned in which section of the Act? |
Section 54 |
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What is the main subject of Section 54? |
Certain officers are empowered and required to assist the authorities in the enforcement of this Act. |
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Which officers of Customs and Central Excise are included? |
Officers of the Customs and Central Excise Departments. |
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Which officers under the NDPS Act are included? |
Officers appointed under sub-section (1) of section 5 of the Narcotic Drugs and Psychotropic Substances Act, 1985. |
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Which income-tax authorities are included? |
Income-tax authorities under sub-section (1) of section 117 of the Income-tax Act, 1961. |
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Which officers of stock exchanges are included? |
Members of the recognised stock exchange referred to in clause (f) of section 2 and officers of stock exchanges recognised under section 4 of the Securities Contracts (Regulation) Act, 1956. |
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Which officers of the RBI are included? |
Officers of the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, 1934. |
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Are police officers included? |
Yes, officers of Police are included. |
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Which officers under FEMA are included? |
Officers of enforcement appointed under sub-section (1) of section 36 of the Foreign Exchange Management Act, 1999. |
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Which SEBI officers are included? |
Officers of the Securities and Exchange Board of India established under section 3 of the SEBI Act, 1992. |
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Which regulatory officers are included under IRDA, FMC, and PFRDA? |
Officers of the Insurance Regulatory and Development Authority, Forward Markets Commission, and Pension Fund Regulatory and Development Authority. |
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Are postal officers included? |
Yes, officers of the Department of Posts in the Government of India. |
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Which officers under registration and motor vehicle laws are included? |
Registrars or Sub-Registrars under the Registration Act, 1908 and registering authorities under the Motor Vehicles Act, 1988. |
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Which professional institutes’ officers are included? |
Officers and members of the ICAI, ICWAI, and ICSI. |
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Are officers of other bodies included? |
Yes, officers of any other body corporate constituted or established under a Central Act or a State Act. |
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Can the Central Government notify other officers to assist? |
Yes, other officers of the Central Government, State Government, local authorities, or reporting entities may be specified by notification. |
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CHAPTER IX |
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RECIPROCAL ARRANGEMENT FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND CONFISCATION OF PROPERTY |
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What is the main subject of Section 55? |
Definitions of terms used in this Chapter. |
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What does “contracting State” mean? |
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. |
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What does “identifying” include? |
Establishment of proof that the property was derived from, or used in, the commission of an offence under section 3. |
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Agreements with foreign countries is provided under which provision? |
Section 56 |
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What power does Section 56(1) confer on the Central Government? |
The Central Government may enter into an agreement with the Government of any country outside India for enforcing the provisions of this Act and for exchange of information for prevention or investigation of offences under this Act or corresponding foreign laws. |
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How can such agreements be implemented domestically? |
By notification in the Official Gazette, making provisions necessary for implementing the agreement. |
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What does Section 56(2) provide regarding the application of this Chapter? |
The Central Government may direct, by notification, that the application of this Chapter in relation to a contracting State shall be subject to conditions, exceptions, or qualifications specified in the notification. |
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Letter of request to a contracting State in certain cases is mentioned under which section? |
Section 57 |
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When can a letter of request be issued to a contracting State under Section 57? |
If during investigation or other proceedings under this Act, the Investigating Officer or a superior officer applies to a Special Court and believes that evidence may be available in a contracting State. |
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Who can issue the letter of request? |
The Special Court, if satisfied that such evidence is required in connection with the investigation or proceedings under this Act. |
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What can the letter of request direct the contracting State to do? |
(i) Examine facts and circumstances of the case, (ii) take steps specified by the Special Court in the letter, (iii) forward all evidence collected to the Special Court issuing the letter. |
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How should the letter of request be transmitted? |
In the manner specified by the Central Government. |
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What is the legal status of evidence obtained through such a letter of request? |
Every statement recorded or document or thing received under the letter of request shall be deemed to be evidence collected during the course of investigation. |
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Assistance to a contracting State in certain cases is mentioned in which section of the Act? |
Section 58 |
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When does Section 58 apply? |
When a letter of request is received by the Central Government from a court or authority in a contracting State requesting investigation into an offence or proceedings under this Act. |
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What can the Central Government do upon receiving such a request? |
It may forward the letter of request to the Special Court or any authority under the Act for execution. |
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Under what laws should the request be executed? |
In accordance with the provisions of this Act or, as the case may be, any other law for the time being in force. |
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Special Court to release the property is mentioned under which section? |
Section 58A |
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When can the Special Court release property under Section 58A? |
On closure of the criminal case or conclusion of a trial in a criminal court outside India under the corresponding law of that country, if the court finds that money-laundering has not taken place or the property in India is not involved in money-laundering. |
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Who can apply for the release of property? |
Either the concerned person or the Director. |
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What procedure must the Special Court follow before releasing the property? |
The court must give notice to the other party before ordering release of the property. |
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To whom is the property released? |
To the person entitled to receive it. |
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Letter of request of a contracting State or authority for confiscation or release the property is mentioned under which section? |
Section 58B |
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When does Section 58B apply? |
When a trial under the corresponding law of another country cannot be conducted due to the death of the accused, the accused being declared a proclaimed offender, or for any other reason, or if the trial has commenced but could not be concluded. |
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Who forwards the letter of request from a contracting State? |
The Central Government. |
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To whom is the letter of request forwarded? |
To the Director. |
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What action does the Director take on receiving the letter? |
The Director moves an application before the Special Court. |
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What powers does the Special Court have under this section? |
The Special Court shall pass appropriate orders regarding confiscation or release of the property involved in the offence of money-laundering. |
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Reciprocal arrangements for processes and assistance for transfer of accused persons is mentioned under which section of the Act? |
Section 59 |
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What is the purpose of Section 59? |
To provide for reciprocal arrangements for service, execution, and transfer related to offences under section 4 in contracting States. |
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What types of orders can a Special Court request to be served or executed in a contracting State? |
(a) Summons to an accused person, (b) Warrant for the arrest of an accused person, (c) Summons to any person to attend and produce documents or things, (d) Search warrant. |
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How should the Special Court send these orders abroad? |
In duplicate, in such form, to such Court, Judge, or Magistrate through authorities specified by the Central Government by notification. |
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How must a Special Court treat orders received from a contracting State? |
They shall be served or executed as if received from another Court within its local jurisdiction. |
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How should an executed arrest warrant from a contracting State be handled? |
The person arrested shall be dealt with according to the procedure specified under section 19. |
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How should things found in an executed search warrant from a contracting State be handled? |
So far as possible, according to the procedures in sections 17 and 18; documents or things produced shall be forwarded to the issuing Court via authorities specified by the Central Government. |
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What conditions apply to a prisoner transferred to a contracting State? |
The Special Court or Central Government may impose such conditions as deemed fit. |
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What conditions apply to a prisoner transferred to India from a contracting State? |
The Special Court shall ensure the transfer conditions are complied with, and the prisoner shall be kept in custody under directions of the Central Government. |
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The Attachment, seizure and confiscation, etc., of property in a contracting State or India is mentioned under which section? |
Section 60 |
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What is the main purpose of Section 60? |
To provide for attachment, seizure, freezing, and confiscation of property in India or a contracting State under the Act. |
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When can a Special Court issue a letter of request to a contracting State? |
When the Director or Adjudicating Authority or Special Court has ordered attachment, freezing, or confiscation of property suspected to be in a contracting State. |
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Who can make an application to the Special Court for execution of such orders? |
The Director or the Administrator appointed under sub-section (1) of section 10. |
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How should the Central Government handle a letter of request from a contracting State? |
It may forward the letter to the Director for execution in accordance with this Act. |
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What happens if a criminal court outside India finds money-laundering has occurred under its law? |
The Special Court, on receipt of an application from the Director, may order confiscation of the property to the Central Government after giving notice to affected persons. |
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What is the role of the Director on receipt of a letter of request under sections 58 or 59? |
To direct any authority under this Act to take all necessary steps for tracing and identifying the property. |
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What steps may the authorities take to trace and identify property? |
Any inquiry, investigation, or survey regarding any person, place, property, assets, documents, books of account, or other relevant matters. |
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How should inquiries, investigations, or surveys be carried out? |
In accordance with directions issued under the provisions of this Act. |
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Which provisions of the Act apply to property subject to a letter of request from a contracting State? |
Provisions relating to attachment, adjudication, confiscation, and vesting (Chapter III) and survey, searches, and seizures (Chapter V). |
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What can the Central Government do with property in India confiscated upon execution of a request from a contracting State? |
Either return the property to the requesting State or compensate that State by disposal of the property on mutually agreed terms, considering reasonable expenses. |
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Procedure in respect of letter of request is given under which section of the Act? |
Section 61 |
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What is the main focus of Section 61? |
Procedure for handling letters of request, summons, or warrants to and from a contracting State. |
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Who is responsible for receiving or transmitting letters of request, summons, or warrants? |
The Central Government. |
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To whom are letters of request, summons, or warrants transmitted? |
Either to a contracting State or to the concerned Court in India. |
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How must the transmission of letters of request, summons, or warrants be carried out? |
In the form and manner specified by the Central Government through a notification. |
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CHAPTER X |
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MISCELLANEOUS |
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Punishment for vexatious search is given in which section of the Act? |
Section 62 |
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What is the purpose of Section 62? |
To provide punishment for vexatious searches, detentions, or arrests without reasons recorded in writing. |
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Who can be held liable under this section? |
Any authority or officer exercising powers under this Act or the rules made thereunder. |
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What actions constitute an offence under this section? |
(a) Searching or causing to be searched any building or place without reasons recorded; (b) Detaining, searching, or arresting any person without reasons recorded. |
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What is the punishment for committing an offence under Section 62? |
Imprisonment for up to two years, or a fine up to fifty thousand rupees, or both. |
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Punishment for false information or failure to give information, etc. is mentioned in which section of the Act? |
Section 63 |
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What is the main objective of Section 63? |
To provide punishment for giving false information, failure to give information, or disobeying directions under this Act. |
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What is the punishment for wilfully giving false information causing arrest or search? |
Imprisonment for up to two years, or a fine up to fifty thousand rupees, or both. |
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What constitutes a failure to give information under this section? |
(a) Refusing to answer questions legally required to be answered; (b) Refusing to sign statements required by authorities; (c) Failing to attend or produce documents when summoned under section 50. |
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What is the penalty for each default or failure under sub-section (2)? |
A sum not less than five hundred rupees and up to ten thousand rupees. |
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Can an authority impose a penalty without giving the person an opportunity to be heard? |
No, the person must be given an opportunity to be heard before the penalty is imposed. |
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What happens if a person intentionally disobeys a direction under section 50? |
They may also be proceeded against under section 174 of the Indian Penal Code. |
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Cognizance of offences is mentioned in which section? |
Section 64 |
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What is required before a court can take cognizance of offences under section 62 or sub-section (1) of section 63? |
Previous sanction of the Central Government. |
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Who decides whether to grant or refuse sanction for taking cognizance of such offences? |
The Central Government. |
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Within what time frame must the Central Government decide on the sanction? |
Within ninety days of receiving the request for sanction. |
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Code of Criminal Procedure, 1973 to apply is mentioned under which section? |
Section 65 |
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To which proceedings under this Act does the Code of Criminal Procedure, 1973 apply? |
Arrest, search and seizure, attachment, confiscation, investigation, prosecution, and all other proceedings under this Act. |
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Are there any limitations on the application of the Code of Criminal Procedure to this Act? |
Yes, it applies only insofar as its provisions are not inconsistent with the provisions of this Act. |
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Disclosure of Information is mentioned in which section? |
Section 66 |
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Who is empowered to disclose information under Section 66(1)? |
The Director or any other authority specified by the Director through a general or special order. |
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To whom may information be furnished under clause (i) of Section 66(1)? |
Any officer, authority, or body performing functions under laws related to tax, duty, cess, foreign exchange, or prevention of illicit drug trafficking under the NDPS Act, 1985. |
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When may information be furnished to officers or bodies under clause (ii) of Section 66(1)? |
When the Central Government specifies such officer or body by notification, if it considers it necessary in the public interest. |
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What type of information may the Director or specified authority furnish? |
Only such information received or obtained under this Act as they consider necessary for the recipient authority to perform functions under the relevant law. |
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What must the Director or specified authority do if they believe another law has been contravened? |
They must share the information with the concerned agency for necessary action under subsection (2). |
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Bar of suits in civil courts is mentioned under which section? |
Section 67 |
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What does Section 67 prohibit regarding civil suits? |
It prohibits filing any suit in a civil court to set aside or modify any proceeding or order made under this Act. |
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What protection does Section 67 provide to the Government and its officers? |
It bars any prosecution, suit, or legal proceeding against the Government or its officers for actions done or intended to be done in good faith under the Act. |
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Notice, etc., not to be invalid on certain grounds is mentioned under which section? |
Section 68 |
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What is the main purpose of Section 68? |
To ensure that notices, summons, orders, documents, or proceedings are not invalidated due to minor mistakes, defects, or omissions. |
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When will such notices or proceedings remain valid despite errors? |
When they are in substance and effect in conformity with the intent and purpose of the Act. |
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Does Section 68 protect documents issued under the Act even if there are clerical or procedural defects? |
Yes, as long as the document aligns with the Act’s intent and purpose. |
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Recovery of Fine or Penalty is mentioned under which section? |
Section 69 |
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What does Section 69 deal with? |
Recovery of unpaid fines or penalties imposed under Section 13 or Section 63. |
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When can recovery proceedings begin? |
If the fine or penalty remains unpaid for six months from the date of imposition. |
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Who may initiate recovery of the unpaid amount? |
The Director or any officer authorised by him. |
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How is the recovery of the fine or penalty carried out? |
In the same manner as recovery of arrears under Schedule II of the Income-tax Act, 1961. |
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What powers does the authorised officer have during recovery? |
All powers of a Tax Recovery Officer under Schedule II of the Income-tax Act, 1961. |
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What does Section 70 deal with? |
Offences committed by companies and liability of persons responsible for the conduct of the company’s business. |
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Who is deemed guilty when a company commits a contravention under the Act? |
Every person in charge of and responsible for the conduct of the company’s business at the time of the contravention, as well as the company itself. |
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How can a responsible person avoid liability under sub-section (1)? |
By proving that the contravention occurred without his knowledge or that he exercised all due diligence to prevent it. |
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When are specific officers like directors or managers additionally liable under sub-section (2)? |
When the contravention occurred with their consent, connivance, or due to their neglect. |
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What entities are included in the definition of “company”? |
Any body corporate, including a firm or other association of individuals. |
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What does “director” mean in relation to a firm? |
A partner in the firm. |
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What clarification is provided by Explanation 2? |
A company may be prosecuted even if prosecution or conviction of any individual is not undertaken or completed. |
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What does Section 71 provide for? |
It grants the Act an overriding effect over all other laws. |
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How does Section 71 affect conflicting provisions in other laws? |
Any provision inconsistent with this Act in any other law will be overridden by this Act. |
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What is the scope of the overriding effect under Section 71? |
It applies to all laws “for the time being in force,” ensuring this Act prevails in case of inconsistency. |
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The Continuation of proceedings in the event of death or insolvency is mentioned in which section? |
Section 72 |
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When can legal representatives or an official assignee/receiver file or continue an appeal before the Appellate Tribunal under Section 72(1)? |
When the person whose property is attached dies or is adjudicated insolvent before filing an appeal, or during the pendency of an appeal before the Appellate Tribunal. |
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What happens if a person dies or is adjudicated insolvent after an Appellate Tribunal decision but before filing an appeal to the High Court? |
Their legal representatives or the official assignee/receiver may file the appeal to the High Court under Section 72(2). |
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Can legal representatives or the official assignee/receiver continue an appeal already filed before the High Court? |
Yes, they may continue the pending appeal if the original appellant dies or becomes insolvent. |
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Which provisions apply to appeals continued or filed by legal representatives or insolvency officers? |
Section 26 applies to proceedings before the Appellate Tribunal, and Section 42 applies to proceedings before the High Court. |
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Under what laws must the official assignee or official receiver exercise their powers? |
Their powers must be exercised according to the Presidency-towns Insolvency Act, 1909 or the Provincial Insolvency Act, 1920, as applicable. |
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The Inter-ministerial Co-ordination Committee is given under which section of the Act? |
Section 72A |
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What is constituted under Section 72A? |
An Inter-ministerial Co-ordination Committee constituted by the Central Government through notification. |
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What is the purpose of the Inter-ministerial Co-ordination Committee? |
To ensure inter-departmental and inter-agency coordination related to anti–money laundering and countering the financing of terrorism. |
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What does operational co-operation under Section 72A include? |
Co-operation between the Government, law enforcement agencies, the Financial Intelligence Unit–India, and regulators or supervisors. |
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What is meant by policy co-operation under Section 72A? |
Coordination of policies across all relevant or competent authorities. |
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What type of consultations does the Committee facilitate? |
Consultations among authorities, the financial sector, and other sectors relating to AML/CFT laws, regulations, and guidelines. |
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Does the Committee help in policy development? |
Yes, it develops and implements policies on anti-money laundering and countering the financing of terrorism. |
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Can the Central Government assign additional functions to the Committee? |
Yes, the Government may specify any additional matter through notification. |
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The Power to make rules is provided in which section of the Act? |
Section 73 |
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What power is given to the Central Government under Section 73(1)? |
The Central Government may make rules, by notification, for carrying out the provisions of the Act. |
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What can rules specify regarding record maintenance? |
The form in which records under the Act may be maintained. |
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What rule relates to provisional attachment under Section 5(1)? |
The manner of provisional attachment of property. |
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What must be prescribed under Section 5(2)? |
The manner of maintaining the order and material referred to in Section 5(2). |
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What rules can be made regarding Adjudicating Authority Members? |
Matters relating to their experience (Section 6(3)) and their salaries, allowances, and service conditions (Section 6(9)). |
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What rules relate to officers/employees of the Adjudicating Authority? |
Salaries, allowances, and service conditions under Section 7(3). |
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What rule can be made regarding seizure or possession of attached/frozen property? |
The manner of seizing or taking possession of property attached under Section 5 or frozen under Sections 17(1A) or 8(4). |
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What rules can be made for managing confiscated property? |
The manner and conditions for receiving and managing confiscated properties under Section 10(2). |
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What additional civil court powers can be prescribed for the Adjudicating Authority? |
Additional matters under Section 11(1)(f). |
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What rules relate to reporting of transactions under Section 12? |
The nature, value, and time limits for furnishing information regarding transactions. |
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What rules relate to client identity authentication? |
The manner and conditions for verifying client identity under Section 12AA(1)(a). |
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What rules relate to determining ownership and financial position of a client? |
The manner of identifying ownership and financial position under Section 12AA(1)(b). |
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What rules relate to establishing transaction purpose and relationship? |
Additional steps to record transaction purpose and relationship under Section 12AA(1)(c). |
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What rule involves future monitoring? |
The manner of increasing future monitoring under Section 12AA(3). |
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What reports must reporting entities send under Section 13(2)(c)? |
Rules may prescribe the interval at which these reports are sent. |
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What rules relate to maintaining and furnishing information under Section 15? |
The procedure and manner for maintaining and furnishing information under Section 12 read with Section 15. |
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What rules relate to reasons and materials under Sections 16, 17, 18, 19, and 20? |
The manner of maintaining reasons and materials referred to in their respective subsections. |
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What rule relates to forwarding retention or freezing orders under Section 20(2)? |
The manner of forwarding such orders and the period for keeping them. |
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What rules relate to records from outside India? |
The manner of receiving authenticated records under Section 22(2). |
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What rules relate to appeals before the Appellate Tribunal? |
The form and fee for filing appeals under Section 26(3). |
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What civil court powers may be given to the Appellate Tribunal? |
Additional matters under Section 35(2)(i). |
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What rule relates to police investigation under Section 45(1A)? |
Conditions subject to which a police officer may be authorised to investigate. |
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What additional civil court powers may be given to authorities under Section 50(1)(f)? |
Additional matters as may be prescribed. |
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What rules relate to impounding and custody of records? |
Rules under Section 50(5). |
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What can be prescribed under the residuary clause? |
Any other matter required or permitted to be prescribed under the Act. |
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Rules to be laid before the parliament is provided in which section? |
Section 74 |
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What must be done with every rule made under this Act? |
Every rule must be laid before both Houses of Parliament as soon as possible after it is made. |
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For how many days must the rule be placed before Parliament? |
A total period of 30 days, which may be in one session or spread across multiple successive sessions. |
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What can Parliament do during this 30-day period? |
Both Houses may agree to modify the rule or declare that the rule should not be made. |
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What happens if both Houses agree to modify a rule? |
The rule will thereafter have effect only in the modified form. |
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What happens if both Houses agree that the rule should not be made? |
The rule will thereafter be of no effect. |
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Does modification or annulment affect previous actions taken under the rule? |
No, anything done previously under that rule remains valid. |
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The Power to Remove difficulties is provided in which section? |
Section 75 |
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When can the Central Government issue an order to remove difficulties under Section 75? |
When any difficulty arises in giving effect to the provisions of the Act. |
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What is the condition for issuing an order to remove difficulties? |
The order must not be inconsistent with the provisions of the Act. |
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Where must an order removing difficulties be published? |
It must be published in the Official Gazette. |
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What is the time limit for issuing orders under Section 75? |
No order can be made after two years from the commencement of the Act. |
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What must be done with every order issued under this section? |
Every such order must be laid before each House of Parliament as soon as possible after it is made. |