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Prevention of Money-laundering (Forms, Search and Seizure or Freezing and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, impounding and Custody of Records and the Period of Retention) (Amendment) Rules 2013.

Money Laundering - 11/2013 - Dated:- 19-8-2013 - MINISTRY OF FINANCE (Department of Revenue) Notification No. 11/2013 New Delhi Dated 19-8-2013 G.S.R. 559(E),- In exercise of the powers conferred by sub-section (1) read with clause (a), clause (m), clause (n), clause (p), clause (pp) and clause (w) of sub-section (2) of section 73 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government hereby makes the following rules to amend the Prevention of Money-laundering (Form .....

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mpounding and Custody of Records and the Period of Retention) Rules, 2005 hereinafter referred to as the principal rules), in the opening paragraph, after the word, rackets and letter "clause (o)", the word, brackets and letters "clause (pp)" shall be inserted. 3. In the principal rules, in rule 1, in sub-rule (1), after the words "and Seizure", the words "or Freezing" shall be inserted. 4. In the principal rules, in rule 2, in sub-rule (1), (i) for clause .....

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39;(j) "material for the purpose of sub-section (1A) and sub-section (2) of section 17 of the Act" means the material in possession of the authority, referred to in clause (c) of sub-rule (1) of rule 2, after search, seizure or freezing under sub-section (1) of section 17 respectively of the Act, including a report forwarded to a Magistrate under section 157 of the Code of Criminal Procedure, 1973 (2 of 1974) or a complaint filed before a Magistrate or a Court by a person authorized to .....

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authorized by the Central Government, by notification, for this purpose;' (iii) for clause (k), the following clause shall be substituted, namely :- '(k) "material for the purposes of sub-section (2) of section 18 of the Act" means the material in possession of the authority referred to in clause (c) of sub-rule (1) of rule 2, after search and seizure under sub-section (1) of section 18 of the Act including a report forwarded to the Magistrate under section 173 of the Code of .....

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equivalent being Head of the office or Ministry or Department or Unit, as the case may be, or any other officer who may be authorized by the Central Government, by notification, for this purpose;' 5. In the principal rules, in rule 4,- (i) for the existing marginal heading, the following marginal heading shall be substituted, namely:- "4. Procedure relating to seizure or freezing.- (1) The officer or the authority, as the case may be, freeze or seize any record or property found as a r .....

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shall be served on the person concerned.". 6. In the principal rules, in rule 8 for the marginal heading, the following marginal heading shall be substituted, namely:- "8. Manner of forwarding of a copy of the reasons and the material relating to search, seizure and freezing under sub-section (2) of section 17 and sub-section (1A) of section 17 of the Act and search of persons under sub-section (2) of section 18 and sub-section (2) of section 20 of the Act to the Adjudicating Authority .....

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ORISATION FOR SEARCH, SEIZURE AND FREEZING UNDER SUB-SECTION (1) AND SUB-SECTION (1A) OF SECTION 17 OF THE ACT Authorization Number…………..of………… [year] Dated………………… WHEREAS I……………………………. [Director/Additional Director/Joint Director/Deputy Director], have reason to believe that ……………& .....

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