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Railway Property (Unlawful Possession) Amendment Act, 2012, (Central) Preamble

Title: the Railway Property (Unlawful Possession) Amendment Act, 2012

State: Central

Year: 2012

THE RAILWAY PROPERTY (UNLAWFUL POSSESSION) AMENDMENT ACT, 2012 [Act No. 25 of 2012] [2nd June, 2012] PREAMBLE An Act to amend the Railway Property (Unlawful Possession) Act, 1966. Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:-

Railway Property (Unlawful Possession) Amendment Act, 2012, (Central) Complete Act

Title: the Railway Property (Unlawful Possession) Amendment Act, 2012

State: Central

Year: 2012

Preamble - THE RAILWAY PROPERTY (UNLAWFUL POSSESSION) AMENDMENT ACT, 2012 Section 1 - Short title and commencement Section 2 - Amendment of section 3 Section 3 - Amendment of section 4 Section 4 - Amendment of section 8

Railway Property (Unlawful Possession) Amendment Act, 2012, (Central) Section 2

Title: Amendment of Section 3

State: Central

Year: 2012

In the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the principal Act), in section 3,-(29 of 1966.) (i) for the marginal heading, the following marginal heading shall be substituted, namely:- "Penalty for theft, dishonest misappropriation or unlawful possession of railway property."; (ii) for the words "Whoever is found, or is proved", the words "Whoever commits theft, or dishonestly misappropriates or is found, or is proved" shall be substituted; (iii) after clause (b), the following Explanation shall be inserted, namely:- 'Explanation.-For the purposes of this section, "theft" and "dishonest misappropriation" shall have the same meanings as assigned to them respectively in section 378 and section 403 of the Indian Penal Code.'.(45 of 1860.)

Railway Property (Unlawful Possession) Amendment Act, 2012, (Central) Section 1

Title: Short Title and Commencement

State: Central

Year: 2012

(1) This Act may be called the Railway Property (Unlawful Possession) Amendment Act, 2012. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Railway Property (Unlawful Possession) Amendment Act, 2012, (Central) Section 3

Title: Amendment of Section 4

State: Central

Year: 2012

In section 4 of the principal Act,- (i) for the marginal heading, the following marginal heading shall be substituted, namely:- "Punishment for abetment, conspiracy or connivance at offences."; (ii) for the words "Any owner", the words "Whoever abets or conspires in the commission of an offence punishable under this Act, or any owner" shall be substituted; (iii) the following Explanation shall be inserted, namely:- 'Explanation.-For the purposes of this section, the words "abet" and "conspire" shall have the same meanings as assigned to them respectively in sections 107 and 120A of the Indian Penal Code.'.(45 of 1860.)

Railway Property (Unlawful Possession) Amendment Act, 2012, (Central) Section 4

Title: Amendment of Section 8

State: Central

Year: 2012

In section 8 of the principal Act,- (i) for the marginal heading, the following marginal heading shall be substituted, namely:- "Inquiry how to be made."; (ii) in sub-section (1), for the words "When any person is arrested", the words "When an officer of the Force receives information about the commission of an offence punishable under this Act, or when any person is arrested" shall be substituted.

Prevention of Money-laundering (Amendment) Act, 2012, (Central) Section 30

Title: Amendment of the Schedule

State: Central

Year: 2012

.....of any provisions of section 3, 4, 10 or section 12 of the Arms Act, 1959 in such manner as specified in sub-section (1) of section 26 of the said Act. To do any act in contravention of any provisions of section 5, 6, 7 or section 11 of the Arms Act, 1959 in such manner as specified in sub-section (2) of section 26 of the said Act. Other offences specified in section 26. 27 Use of arms or ammunition in contravention of section 5 or use of any arms or ammunition in contravention of section 7 of the Arms Act, 1959. 28 Use and possession of fire arms or imitation fire arms in certain cases. 29 Knowingly purchasing arms from unlicensed person or for delivering arms, etc., to person not entitled to possess the same. 30 Contravention of any condition of a licence or any provisions of the Arms Act, 1959 or any rule made thereunder. PARAGRAPH 6 Offences under the Wild Life (Protection) Act, 1972 (53 of 1972) Section Description of offence 51 read with section 9 Hunting of wild animals. 51 read with section 17A Contravention of provisions of section 17A relating to prohibition of picking, uprooting, etc., of specified plants. Section Description.....

Prevention of Money-laundering (Amendment) Act, 2012, (Central) Section 6

Title: Amendment of Section 8

State: Central

Year: 2012

.....clause shall be substituted, namely:--- "(b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60 by the Adjudicating Authority"; (iii) in sub-section (4), for the words "possession of the attached property", the following shall be substituted, namely:-- "possession of the property attached under section 5 or frozen under sub-section (1A) of section 17, in such manner as may be prescribed: Provided that if it is not practicable to take possession of a property frozen under sub-section (1A) of section 17, the order of confiscation shall have the same effect as if the property had been taken possession of"; (iv) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:-- "(5) Where on conclusion of a trial of an offence under this Act, the Special Court finds that the offence of money-laundering has been committed, it shall order that such property involved in the money-laundering or which has been used for commission of the offence of money-laundering shall stand confiscated to the Central Government. (6) Where on conclusion of 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).....

Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012, (Central) Section 6

Title: Amendment of Section 14

State: Central

Year: 2012

.....secured assets under the provisions of sub-section (4) of section 13 read with section 14 of the principal Act; (ix) that the provisions of this Act and the rules made thereunder had been complied with: Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets: Provided also that the requirement of filing affidavit stated in the first proviso shall not apply to proceeding pending before any District Magistrate or the Chief Metropolitan Magistrate, as the case may be, on the date of commencement of this Act."; (b) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) The District Magistrate or the Chief Metropolitan Magistrate may authorise any officer subordinate to him,-- (i) to take possession of such assets and documents relating thereto; and (ii) to forward such assets and documents to the secured creditor."; (c) in sub-section (3), after the words "the District Magistrate", the words "any officer.....