TMI BlogAdjudicating Authority (Procedure) Regulations, 2013.X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 18 of the Act and includes a miscellaneous application; (c) Bench means a Bench of the Adjudicating Authority constituted by the Chairperson of the Adjudicating Authority; (d) complaint means a complaint made under sub-section (5) of section 5 of the Act; (e) Form means a Form appended to these regulations. (2) The words and expressions used herein and not defined in these regulations but defined in the Prevention of Money-laundering Act, 2002 shall have the meanings assigned to them in that Act. CHAPTER II APPLICATIONS AND COMPLAINTS Filing of applications and complaints 3. (1) Every application, complaint, pleading, affidavit and other papers to be filed before the Adjudicating Authority shall be fairly, legibly type-written or printed in Hindi or English on durable white foolscap folio paper of Metric A-4 size (30.5 cms. long and 21.5 cms. wide) on the one side of paper only in double space with left margin of 5 cms. and right margin of 2.5 cms. paginated, indexed and stitched together in the paper book form. (2) The complaint or application shall contain the e-mail address of the Complainant or the applicant as the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplaint ordered to be registered under section 8 shall be numbered as Original Complaint (O.C.). (4) Other miscellaneous applications ordered to be registered shall be numbered as Miscellaneous Application (M.A.). Cause list 10. (1) A daily cause list in Form 2 containing cases fixed for hearing on a day by the Adjudicating Authority shall be prepared under the signature of Registrar or Administrative Officer in triplicate and shall be pasted on the previous working day on the notice board of the Adjudicating Authority. (2) The Registrar or Administrative officer or officer authorised in this behalf by the Adjudicating Authority shall maintain a file of daily cause list and preserve for one year which shall be destroyed at the end of the next calendar year. Procedures to be followed by Registrar 11. (1) The Registrar shall have the custody of records of the Adjudicating Authority and shall exercise such other functions including weeding out of old records as may be assigned to him under these regulations by the Chairperson. (2) Subject to any general or special order of the Chairperson, the Registrar shall- (a) receive all complaints and applications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dure Code, 1908 (5 of 1908) for effecting substituted service, (3) Notwithstanding anything in sub-regulation (2), a summon or notice may be communicated through electronic mode as provided in section 13 of the Information Technology Act, 2000 (21 of 2000) and transmission of such communication shall be regarded as valid service. Steps for fresh summon and notice 14. If any summon or notice is returned unserved, the complainant or applicant shall take steps for service of summon or notice, as ordered, failing which, the matter shall be placed before the Bench hearing the case. Filing of reply to notice 15. (1) The reply shall be filed by the defendants on or before the date fixed for hearing, with a copy delivered to the complainant or applicant, as the case may be. (2) Ordinarily, no reply shall be entertained after the date stipulated above. (3) The reply shall contain the e-mail address of the defendant. Inspection of records 16. (1) Inspection of records, upon the application in Form 7 shall be allowed under the orders of the Chairperson of the Adjudicating Authority, or the Registrar or the Administrative Officer, as the case may be. (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Provided that in case of winter season, striped or black trousers may be worn in place of white trousers: Provided further that in case the Chairperson or Member, is a woman, such Chairperson or Member may wear black coat over white saree or white trouser both in summer and winter seasons. (3) The dress for the authorised representatives of the parties (other than a relative or regular employee of the defendant) appearing before the Adjudicating Authority shall be a suit with a tie or buttoned-up coat preferably in black colour over a pant or a long buttoned-up coat on dhoti or churidar pyjama: Provided that a woman representative may wear, black coat over white or any other sober coloured saree: Provided further that if the authorised representatives belong to a profession, like, lawyers or Chartered Accountants and a dress for appearing in their professional capacity before any court, tribunal or other authority, has been specified, then, such representative may, appear before the Adjudicating Authority in that dress, in lieu of the dress specified in this sub-regulation. (4) All other persons appearing before the Adjudicating Authority shall be properly dresse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Form 10 and, thereafter, he shall affix his initial and transmit the record with the index enclosures in the record book, maintained in Form 11. (2) The Record-Keeper shall examine the record with general index and if the record is found to be in order, a note shall be given in the index to that effect and in case, any defect is found, the same shall be reported to the Administrative Officer or the officer authorised by the Chairperson of the Adjudicating Authority, who shall direct the concerned officer to make necessary corrections. (3) After completion of the examination of record, the list of the records shall be kept in a file and ordinarily at the end of the calendar year, the list shall be bound up so as to constitute a register of decided cases. (4) The record shall be kept in bundles and a label, showing the month and year of the decision or order, shall be attached to each bundle. CHAPTER VII GRANT OF CERTIFIED COPIES Application for certified copy 29. (1) An application for a copy shall be filed in the Form 12 by the parties along with required copying fee. (2) The copying fee (referred to in sub-regulation (1) shall be payable in the form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uently why the attachment order should not be confirmed. or You are called upon to show cause why the provisional attachment order in respect of properties should not be confirmed as representing proceeds of crime being value of properties involved in money laundering. You are directed to appear before the Adjudicating Authority in person or through an advocate/authorized representative, duly instructed on day of ....... year ........ at (time) ........, at (place) .........., failing which the Complaint shall be heard and decided in your absence. Given under my hand and the seal of the Adjudicating Authority, this . day of . Registrar/Administrative Officer Adjudicating Authority address:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: Seal FORM 4 [ see regulation 13(1)] Before the Adjudicating Authority (Under the Pervention of Money-Laundering Act, 2002 ) New Delhi Notice to Show Cause . . . . . . . . . . . . . . . . . . . . . . . Applicant v. . . . . . . . . . . . . . . . . . . . . . . . Defendants Above named ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing which the application/complaint shall be heard and decided in your absence. Given under my hand and the seal of the Adjudicating Authority, this .. day of, .. Registrar/Administrative Officer Adjudicating Authority Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . Seal FORM 6 SUMMONS TO WITNESS [ See Regulation 13(1)] (under section 11 of Prevention of Money - laundering Act, 2002) Ref: - OC./OA No. .......... of (year) .......... . . . . . . . . . . . . . . . . . . . . . . . Joint Director v. . . . . . . . . . . . . . . . . . . . . . . . Defendants To . . . Whereas your attendance is required to examine you on oath/for production of records/or receiving evidence on affidavit in the above mentioned case you are hereby required to appear personally/through. Authorized Representative before this Authority on the .. day of at ..o'clock and to bring with you or to send to this Authority the records mentioned hereunder. If you fai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. of sheets in paper State of document Date of weeding Remarks A B A B FORM 11 [ see regulation 28] LIST Of RECORDS TRANSMITTED TO THE RECORD ROOM List of cases disposed by the Adjudicating Authority, in the month of year . Sl. No. Date of Disposal Number and year of suit or case Date of institution Name of parties Number of papers on record Details of additions to record made in the record room Remarks Part A Part B Date Particulars Number of Papers FORM 12 [ see regulation 29(1)] Application For Copy of Record To The Registrar/Administrative Officer, Adjudicating Authority, New Delhi. . . . . . . . . . ..... X X X X Extracts X X X X X X X X Extracts X X X X
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