The Prevention of Money-Laundering Act, 2002
| Contents |
| Sections |
Particulars |
| Chapter I |
Preliminary |
| 1 |
Short title, extent and commencement |
| 2 |
Definitions |
| Chapter II |
Offence of Money-Laundering |
| 3 |
Offence of money-laundering |
| 4 |
Punishment for money-laundering |
| Chapter III |
Attachment, Adjudication and Confiscation |
| 5 |
Attachment of property involved in money-laundering |
| 6 |
Adjudicating Authorities, composition, powers, etc. |
| 7 |
Staff of Adjudicating Authorities |
| 8 |
Adjudication |
| 9 |
Vesting of property in Central Government |
| 10 |
Management of properties confiscated under this Chapter |
| 11 |
Power regarding summons, production of documents and evidence, etc. |
| Chapter IV |
Obligations of Banking Companies, Financial Institutions and Intermediaries |
| 12 |
Banking companies, financial institutions and intermediaries to maintain records |
| 13 |
Powers of Director to impose fine |
| 14 |
No civil proceedings against banking companies, financial institutions, etc., in certain cases |
| 15 |
Procedure and manner of furnishing information by banking company, financial institution and intermediary |
| Chapter V |
Summons, Searches and Seizures, Etc. |
| 16 |
Power of survey |
| 17 |
Search and seizure |
| 18 |
Search of persons |
| 19 |
Power to arrest |
| 20 |
Retention of property |
| 21 |
Retention of records |
| 22 |
Presumption as to records or property in certain cases |
| 23 |
Presumption in inter-connected transactions |
| 24 |
Burden of proof |
| Chapter VI |
Appellate Tribunal |
| 25 |
Establishment of Appellate Tribunal |
| 26 |
Appeal to Appellate Tribunal |
| 27 |
Composition, etc., of Appellate Tribunal |
| 28 |
Qualifications for appointment |
| 29 |
Term of office |
| 30 |
Conditions of service |
| 31 |
Vacancies |
| 32 |
Resignation and removal |
| 33 |
Member to act as Chairperson in certain circumstances |
| 34 |
Staff of Appellate Tribunal |
| 35 |
Procedure and powers of Appellate Tribunal |
| 36 |
Distribution of business amongst Benches |
| 37 |
Power of Chairperson to transfer cases |
| 38 |
Decision to be by majority |
| 39 |
Right of appellant to take assistance of authorized representative and of Government to appoint presenting officers |
| 40 |
Members, etc., to be public servants |
| 41 |
Civil court not to have jurisdiction |
| 42 |
Appeal to High Court |
| Chapter VII |
Special Courts |
| 43 |
Special Courts |
| 44 |
Offences tribal by Special Courts |
| 45 |
Offences to be cognizable and non-bailable |
| 46 |
Application of Code of Criminal Procedure, 1973 to proceedings before Special Court |
| 47 |
Appeal and revision |
| Chapter VIII |
Authorities |
| 48 |
Authorities under Act |
| 49 |
Appointment and powers of authorities and other officers |
| 50 |
Powers of authorities regarding summons, production of documents and to give evidence, etc. |
| 51 |
Jurisdiction of authorities |
| 52 |
Power of Central Government to issue directions, etc. |
| 53 |
Empowerment of certain officers |
| 54 |
Certain officers to assist in inquiry, etc. |
| Chapter IX |
Reciprocal Arrangement for Assistance in Certain Matters and Procedure for Attachment and Confiscation of Property |
| 55 |
Definitions. In this Chapter, unless the context otherwise requires |
| 56 |
Agreements with foreign countries |
| 57 |
Letter of request to a contracting State in certain cases |
| 58 |
Assistance to a contracting State in certain cases |
| 59 |
Reciprocal arrangements for processes and assistance for transfer of accused persons |
| 60 |
Attachment, seizure and confiscation, etc., of property in a contracting State or India |
| 61 |
Procedure in respect of letter of request |
| Chapter X |
Miscellaneous |
| 62 |
Punishment for vexatious search |
| 63 |
Punishment for false information or failure to give information, etc. |
| 64 |
Cognizance of offences |
| 65 |
Code of Criminal Procedure, 1973 to apply |
| 66 |
Disclosure of information |
| 67 |
Bar of suits in civil courts |
| 68 |
Notice, etc., not to be invalid on certain grounds |
| 69 |
Recovery of fines |
| 70 |
Offences by companies |
| 71 |
Act to have overriding effect |
| 72 |
Continuation of proceedings in the event of death or insolvency |
| 73 |
Power to make rules |
| 74 |
Rules to be laid before Parliament |
| 75 |
Power to remove difficulties |
| Schedule |
The Schedule |
An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto.
WHEREAS the Political Declaration and Global Programme of Action, annexed to the resolution S-17/2 was adopted by the General Assembly of the United Nations at its seventeenth special session on the twenty-third day of February, 1990;
AND WHEREAS the Political Declaration adopted by the Special Session of the United Nations General Assembly held on 8th to 10th June, 1998 calls upon the Member States to adopt national money-laundering legislation and programme; AND WHEREAS it is considered necessary to implement the aforesaid resolution and the Declaration. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-
