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Legal Services Authorities (Amendment) Act, 2002 Complete Act

Title: Legal Services Authorities (Amendment) Act, 2002

State: Central

Year: 2002

Preamble1 - LEGAL SERVICES AUTHORITIES (AMENDMENT) ACT, 2002 Section1 - Short title Section2 - Amendment of section 11A Section3 - Amendment of section 22 Section4 - Insertion of new Chapter VIA Section5 - Amendment of section 23 Section6 - Amendment of section 27

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Prevention of Money-laundering Act, 2002 Section 26

Title: Appeal to Appellate Tribunal

State: Central

Year: 2002

.....to the Appellate Tribunal. (2) Any banking company, financial institution or intermediary aggrieved by any order of the Director made under sub-section (2) of section 13, may prefer an appeal to the Appellate Tribunal. (3) Every appeal preferred under sub-section (1) or sub-section (2) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Adjudicating Authority or Director is received and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may, after giving an opportunity of being heard, entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. (4) On receipt of an appeal under sub-section (1) or sub-section (2), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned Adjudicating.....

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Prevention of Money-laundering Act, 2002 Section 39

Title: Right of Appellant to Take Assistance of Authorised Representative and of Government to Appoint Presenting Officers

State: Central

Year: 2002

(1) A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take the assistance of an authorised representative of his choice to present his case before the Appellate Tribunal. Explanation.--For the purposes of this sub-section, the expression "authorised representative" shall have the same meaning as assigned to it under sub-section (2) of section 288 of the income-tax Act, 1961. (2) The Central Government or the Director may authorise one or more authorised representatives or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the Appellate Tribunal.

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Prevention of Money-laundering Act, 2002 Section 35

Title: Procedure and Powers of Appellate Tribunal

State: Central

Year: 2002

.....Appellate Tribunal as a decree of civil court and, for this purpose, the Appellate Tribunal shall have all the powers of a civil court. (4) Notwithstanding anything contained in sub-section (3), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. (5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Appellate Tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1874).

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Prevention of Money-laundering Act, 2002 Section 33

Title: Member to Act as Chairperson in Certain Circumstances

State: Central

Year: 2002

(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the senior-most Member shall act as the Chairperson until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office. (2) When the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.

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Prevention of Money-laundering Act, 2002 Section 32

Title: Resignation and Removal

State: Central

Year: 2002

.....sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (2) The Chairperson or any other Member shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity, after an inquiry made by a person appointed by the President in which such Chairperson or any other Member concerned had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. 1[Provided that the Chief Justice of India shall be consulted before removal of the Chairperson or a Member who was appointed on the recommendation of the Chief Justice of India.] ____________________________ 1. Inserted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009.

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Prevention of Money-laundering Act, 2002 Section 31

Title: Vacancies

State: Central

Year: 2002

If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or any other Member, then, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled.

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Prevention of Money-laundering Act, 2002 Section 30

Title: Conditions of Service

State: Central

Year: 2002

The salary and allowances payableto and the other 1 terms and conditions of service (including tenureof office) of the Chairperson and other Members shall be such as may beprescribed: Provided that neither the salaryand allowances nor the other terms and conditions of service (including tenureof office) of the Chairperson or any other Member shall be varied to hisdisadvantage after appointment. _____________________________ 1.Substituted for the words"terms and conditions of service" by The Prevention of MoneyLaundering (Amendment ) Act, 2005

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Prevention of Money-laundering Act, 2002 Section 28

Title: Qualifications for Appointment

State: Central

Year: 2002

.....section exceptafter consultation with the Chief Justice of India. 2 (4)The Chairperson or a Member holding a post as such in any other Tribunal,established under any law for the time being in force, in addition to his beinga Chairperson or a Member of that Tribunal, may be appointed as Chairperson orMember, as the case may be, of the Appellate Tribunal under this Act. ____________________________ 1. Substituted for the word"High Court" by The Prevention of Money Laundering (Amendment ) Act,2005 2. Inserted vide by The Preventionof Money Laundering (Amendment ) Act, 2005 3. Omitted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "(a) is or has been a Judge of a High Court; or"

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Prevention of Money-laundering Act, 2002 Section 27

Title: Composition, Etc., of Appellate Tribunal

State: Central

Year: 2002

(1) The Appellate Tribunal shall consist of a Chair-person and two other Members. (2) Subject to the provisions of this Act,-- (a) the jurisdiction of the Appellate Tribunal may be exercised by Benches thereof; (b) a Bench may be constituted by the Chairperson with one or two Members as the Chairperson may deem fit; (c) the Benches of the Appellate Tribunal shall ordinarily sit at New Delhi and at such other places as the Central Government may, in consultation with the Chairperson, by notification, specify; (d) the Central Government shall, by notification, specify the areas in relation to which each Bench of the Appellate Tribunal may exercise jurisdiction. (3) Notwithstanding anything contained in sub-section (2), the Chairperson may transfer a Member from one Bench to another Bench. (4) If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such Bench as the Chairperson may deem fit.

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