Bare Act Search Results

Prevention of Money-laundering Act, 2002 Chapter III

Title: Attachment, Adjudication and Confiscation

State: Central

Year: 2002

.....sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or on the date of an order made under sub-section (2) of section 8, whichever is earlier. (4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) from such enjoyment. Explanation.--For the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property. (5) The Director or any other officer who provisionally attaches any property under sub-section (1) shall, within a period of thirty days from such attachment, file a complaint stating the facts of such attachment before the Adjudicating Authority. ______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "ninety days" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Provided that no such order of attachment shall be made unless, in relation to an offence under-- (i) Paragraph 1 of Part A.....

Prevention of Money-laundering Act, 2002 Section 5

Title: Attachment of Property Involved in Money-laundering

State: Central

Year: 2002

.....any interest in the property. (5) The Director or any other officer who provisionally attaches any property under sub-section (1) shall, within a period of thirty days from such attachment, file a complaint stating the facts of such attachment before the Adjudicating Authority. ______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "ninety days" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Provided that no such order of attachment shall be made unless, in relation to an offence under-- (i) Paragraph 1 of Part A and Part B of the Schedule, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974); or (ii) Paragraph 2 of Part A of the Schedule, a police report or a complaint has been filed for taking cognizance of an offence by the Special Court constituted under sub-section (1) of section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)"

Prevention of Money-laundering (Amendment) Act, 2012, (Central) Section 5

Title: Amendment of Section 5

State: Central

Year: 2012

In section 5 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:-- "(1) Where the Director or any other officer not below the rank of Deputy Director authorised by the Director for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of material in his possession, that- (a) any person is in possession of any proceeds of crime; and (b) such proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such property for a period not exceeding one hundred and eighty days from the date of the order, in such manner as may be prescribed: Provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973(2 of 1974), or a complaint has been filed by a person authorised to investigate the offence mentioned in that Schedule, before a.....

Prevention of Moneylaundering (Amendment) Act, 2012 Complete Act

State: Central

Year: 2012

..... (ii) after Clause (h), the following Clause shall be inserted, namely" ˜(ha) "client" means a person who is engaged in a financial transaction or activity with a reporting entity and includes a person on whose behalf the person who engaged in the transaction or activity, is acting;'; (iii) after Clause (i), the following Clauses shall be inserted, namely" ˜(ia) "corresponding law" means any law of any foreign country corresponding to any of the provisions of this Act or dealing with offences in that country corresponding to any of the scheduled offences; (ib) "dealer" has the same meaning as assigned to it in Clause (b) of Section 2 of the Central Sales Tax Act, 1956 (74 of 1956);'; (iv) Clause (ja) shall be omitted; (v) for Clause (l), the following Clause shall be substituted, namely" ˜(l) "financial institution" means a financial institution as defined in Clause (c) of Section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934) and includes a chit fund company, a housing finance institution, an authorised person, a payment system operator, a non-banking financial company and the Department of Posts in the Government of India;'; (vi).....

The Bombay Prohibition Act, 1949 Complete Act

State: Maharashtra

Year: 1949

.....intoxicating substance which the 4[State] Government may by notification in the Official Gazette, declare to be liquor for the purposes of this Act; (25) "manufacture" includes- (a) even, process whether natural or artificial by which any liquor or intoxicating drug is produced, prepared or blended and also redistillation and every process for the 5 [rectification, flavouring. Or colouring of liquor or intoxicating drug] but does not include flavouring, blending or colouring of liquor or intoxicating drug lawfully possessed for private consumption; and (b) even, process of producing and drawing of toddy from trees; (26) "Medical Board" means a board constituted under section 8: (27) "mhowra flower," does not include the berry or seed of the mhowra tree; (28) "molasses" means the heavy. dark coloured 6[viscous liquid produced] in the final stage of the manufacture of gur or sugar containing, in solution or suspension, sugars which can be fermented, 7[and includes the solid form of such liquid and also any product formed by the addition to such liquid or solid of any ingredient which does not substantially alter the character of such liquid or solid;] 8[land shall also include.....

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 68F

Title: Seizure or Freezing of Illegally Acquired Property

State: Central

Year: 1985

.....informed of any order made under this sub-section and a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made. Explanation.--For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes-- (a) the creation of a trust in property: (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property; (c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Chapter 4

Title: Procedure of Tribunals

State: Central

Year: 1993

.....1 of 2000, sec. 9, for section 19 (w.r.e.f. 17-1-2000). 2. Inserted by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 Section 20 - Appeal to the Appellate Tribunal (1) Save as provided in sub-section (2), any person aggrieved by an order made, or deemed to have been made, by a Tribunal under this Act, may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter. (2) No appeal shall lie to the Appellate Tribunal from an order made by a Tribunal with the consent of the parties. (3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made, or deemed to have been made, by the Tribunal is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may 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 with in that period. (4) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass.....

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Section 19

Title: Application to the Tribunal

State: Central

Year: 1993

.....recovered: Provided further that nothing contained in this sub-section relating to fee shall apply to cases transferred to the Tribunal under sub-section (1) of section 31- (4) On receipt of the application under sub-section (1) or sub-section (2), the Tribunal shall issue summons requiring the defendant to show cause within thirty days of the service of summons as to why the relief prayed for should not be granted. (5) The defendant shall, at or before the first hearing or within such lime as the Tribunal may permit, present a written statement of his defence. (6) Where the defendant claims to set-off against the applicant's demand and ascertained sum of money legally recoverable by him from such applicant, the defendant may, at the firs! hearing of the application, but not afterwards unless permitted by the Tribunal, present a written statement containing the particulars of the debt sought to be set-off. (7) The written statement shall have the same effect as a plaint in a cross-suit so as to enable the Tribunal to pass a final order in respect both of the original claim and of the set-off. (8) A defendant in an application may, in addition to his right of pleading.....

Wild Life (Protection) Act, 1972 Section 58F

Title: Seizure or Freezing of Illegally Acquired Property

State: Central

Year: 1972

.....shall be served on the person concerned: Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made. Explanation.For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes (a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property; (c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.

Prevention of Money-laundering Act, 2002 Amending Act 2

Title: Prevention of Money-laundering (Amendment) Act 2009

State: Central

Year: 2002

.....(AMENDMENT) ACT, 2009 [Act No. 21 of 2009] [6th March, 2009.] PREAMBLE An Act further to amend the Prevention of Money-laundering Act, 2002. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:-- 1. Short title and commencement (1) This Act may be called the Prevention of Money-laundering (Amendment) Act, 2009. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 2 In section 2 of the Prevention of Money-laundering Act, 2002(15 of 2003) (hereinafter referred to as the principal Act), in sub-section (1),-- (i) after clause (d), the following clause shall be inserted, namely:-- '(da) "authorised person" means an authorised person as defined in clause (c) of section 2 of the Foreign Exchange Management Act, 1999(42 of 1999);'; (ii) after clause (j), the following clause shall be inserted, namely:-- '(ja) "designated business or profession" means carrying on activities for playing games of chance for cash or kind, and includes such activities associated with casino or such other activities as the Central Government may,.....