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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,.....

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Prevention of Money-laundering Act, 2002 Complete Act

Title: Prevention of Money-laundering Act, 2002

State: Central

Year: 2002

.....- Retention of records Section22 - Presumption as to records or property in certain cases Section23 - Presumption in inter-connected transactions Section24 - Burden of proof Chapter VI Section25 - Establishment of Appellate Tribunal Section26 - Appeal to Appellate Tribunal Section27 - Composition, etc., of Appellate Tribunal Section28 - Qualifications for appointment Section29 - Term of office [Omitted] Section30 - Conditions of service Section31 - Vacancies Section32 - Resignation and removal Section33 - Member to act as Chairperson in certain circumstances Section34 - Staff of Appellate Tribunal Section35 - Procedure and powers of Appellate Tribunal Section36 - Distribution of business amongst Benches Section37 - Power of Chairperson to transfer cases Section38 - Decision to be by majority Section39 - Right of appellant to take assistance of authorised representative and of Government to appoint presenting officers Section40 - Members, etc., to be public servants Section41 - Civil court not to have jurisdiction Section42 - Appeal to High Court Chapter VII Section43 - Special Courts Section44 - Offences triable by Special Courts Section45 -.....

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Prevention of Money-laundering Act, 2002 Preamble 1

Title: Prevention of Money-laundering Act, 2002

State: Central

Year: 2002

THE PREVENTION OF MONEY-LAUNDERING ACT, 2002 [Act, No. 15 of 2003] [17th January, 2003] PREAMBLE 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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Prevention of Money-laundering Act, 2002 Chapter II

Title: Offence of Money-laundering

State: Central

Year: 2002

Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money-laundering. Section 4 - Punishment for money-laundering Whoever commits the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine which may extend to five lakh rupees: Provided that where the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part A of the Schedule, the provisions of this section shall have effect as if for the words "which may extend to seven years", the words "which may extend to ten years" had been substituted.

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Prevention of Money-laundering Act, 2002 Amending Act 1

Title: Prevention of Money-laundering (Amendment) Act, 2005

State: Central

Year: 2002

....."terms and conditions of service (including tenure of office)" shall be substituted. 6. Amendment of section 44 In section 44 of the principal Act, in sub-section (1), in clause (b), the words "upon perusal of police report of the facts which constitute an offence under this Act or" shall be omitted. 7. Amendment of section 45 In section 45 of the principal Act,-- (a) in sub-section (1), for the portion beginning with the words and figures "Notwithstanding anything contained in the Code of Criminal Procedure, 1973" and ending with the words "on his own bond unless -", the following shall be substituted, namely:-- "Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), no person accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule shall be released on bail or on his own bond unless -"; (b) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically.....

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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)"

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Prevention of Money-laundering Act, 2002 Section 4

Title: Punishment for Money-laundering

State: Central

Year: 2002

Whoever commits the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine which may extend to five lakh rupees: Provided that where the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part A of the Schedule, the provisions of this section shall have effect as if for the words "which may extend to seven years", the words "which may extend to ten years" had been substituted.

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Prevention of Money-laundering (Amendment) Act 2009 Preamble 1

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

State: Central

Year: 2009

1[THE PREVENTION OF MONEY-LAUNDERING (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. Effective date for enforcement of Act 1st day of June, 2009 vide Notification No. SO1388(E) dated 01.06.2009

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Prevention of Money-laundering (Amendment) Act, 2005 Preamble I

Title: Prevention of Money-laundering (Amendment) Act, 2005

State: Central

Year: 2005

THE PREVENTION OF MONEY-LAUNDERING (AMENDMENT) ACT, 2005 [Act, No. 20 of 2005] PREAMBLE An Act to amend the Prevention of Money-laundering Act, 2002 (15 of 2003). BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:--

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Prevention of Money-laundering Act, 2002 Section 3

Title: Offence of Money-laundering

State: Central

Year: 2002

Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money-laundering.

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