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The Prevention of Money-Laundering Act, 2002

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:-

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