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Start Free TrialTransfer of Property (Amendment) Act, 2002 Complete Act
Title: Transfer of Property (Amendment) Act, 2002
State: Central
Year: 2002
Preamble1 - TRANSFER OF PROPERTY (AMENDMENT) ACT, 2002 Section1 - Short title Section2 - Substitution of new section for section 106 Section3 - Transitory provisions
List Judgments citing this sectionTransfer of Property (Amendment) Act, 2002 Preamble 1
Title: Transfer of Property (Amendment) Act, 2002
State: Central
Year: 2002
THE TRANSFER OF PROPERTY (AMENDMENT) ACT, 2002 [Act, No. 3 of 2003] [31st December, 2002] PREAMBLE An Act further to amend the Transfer of Property Act, 1882. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:--
View Complete Act List Judgments citing this sectionTransfer of Property (Amendment) Act, 2002 Section 2
Title: Substitution of New Section for Section 106
State: Central
Year: 2002
.....or local usage.--(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice. (2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice. (3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section. (4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or.....
View Complete Act List Judgments citing this sectionTransfer of Property (Amendment) Act, 2002 Section 1
Title: Short Title
State: Central
Year: 2002
This Act may be called the Transfer of Property (Amendment) Act, 2002,
View Complete Act List Judgments citing this sectionTransfer of Property (Amendment) Act, 2002 Section 3
Title: Transitory Provisions
State: Central
Year: 2002
The provisions of section 106 of the principal Act, as amended by section 2, shall apply to-- (a) all notices in pursuance of which any suit or proceeding is pending at the commencement of this Act; and (b) all notices which have been issued before the commencement of this Act but where no suit or proceeding has been filed before such commencement.
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 20
Title: Retention of Property
State: Central
Year: 2002
.....the said period. (4) The Adjudicating Authority, before authorising the retention of such property beyond the period specified in sub-section (1), shall satisfy himself that the property is prima facie involved in money-laundering and the property is required for the purposes of adjudication under section 8. (5) After passing the order of confiscation under sub-section (6) of section 8, the Adjudicating Authority shall direct the release of all properties other than the properties involved in money-laundering to the person from whom such properties were seized. (6) Notwithstanding anything contained in sub-section (5), the Director or any officer authorised by him in this behalf may withhold the release of any property until filing of appeal under section 26 or forty-five days from the date of order under sub-section (5), whichever is earlier, if he is of the opinion that such property is relevant for the proceedings before the Appellate Tribunal.
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Chapter IX
Title: Reciprocal Arrangement for Assistance in Certain Matters and Procedure for Attachment and Confiscation of Property
State: Central
Year: 2002
.....in the said notification. Section 57 - Letter of request to a contracting State in certain cases (1) Notwithstandinganything contained in this Act or the Code of Criminal Procedure, 1973 (2 of1974) if, in the course of an investigation into an offence or otherproceedings under this Act, an application is made to a Special Court by theInvestigating Officer or any officer superior in rank to the InvestigatingOfficer that any evidence is required in connection with investigation into anoffence or proceedings under this Act and he is of the opinion that suchevidence may be available in any place in a contracting State, and the SpecialCourt, on being satisfied that such evidence is required in connection with theinvestigation into an offence or proceedings under this Act, may issue a letterof request to a court or an authority in the contracting State competent todeal with such request to-- (i) examine facts andcircumstances of the case, (ii) take such stepsas the Special Court may specify in such letter of request, and (iii) forward all theevidence so taken or collected to the Special Court issuing such letter ofrequest. (2) The letter ofrequest shall be transmitted in.....
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 60
Title: Attachment, Seizure and Confiscation, Etc., of Property in a Contracting State or India
State: Central
Year: 2002
.....as it thinks fit, for execution in accordance with the provisions of this Act. (3) The Director shall, on receipt of a letter of request under section 58 or section 59, direct any authority under this Act to take all steps necessary for tracing and identifying such property. (4) The steps referred to in sub-section (3) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters. (5) Any inquiry, investigation or survey referred to in sub-section (4) shall be carried out by an authority mentioned in sub-section (3) in accordance with such directions issued in accordance with the provisions of this Act. (6) The provisions of this Act relating to attachment, adjudication, confiscation and vesting of property in the Central Government contained in Chapter III and survey, searches and seizures contained in Chapter V shall apply to the property in respect of which letter of request is received from a court or contracting State for attachment or confiscation of property. 1[(7) When any property in India is confiscated as a result of.....
View Complete Act List Judgments citing this sectionPrevention 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)"
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 9
Title: Vesting of Property in Central Government
State: Central
Year: 2002
Where an order of confiscation has been made under sub-section (6) of section 8 in respect of any property of a person, all the rights and title in such property shall vest absolutely in the Central Government free from all encumbrances: Provided that where the Adjudicating Authority, after giving an opportunity of being heard to any other person interested in the property attached under this Chapter, or seized under Chapter V, is of the opinion that any encumbrance on the property or lease-hold interest has been created with a view to defeat the provisions of this Chapter, it may, by order, declare such encumbrance or lease-hold interest to be void and thereupon the aforesaid property shall vest in the Central Government free from such encumbrances or lease-hold interest: Provided further that nothing in this section shall operate to discharge any person from any liability in respect of such encumbrances which may be enforced against such person by a suit for damages.
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