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Adjudicating Authority (Procedure) Regulations 2013.

Money Laundering - GSR 177(E) - Dated:- 18-3-2013 - MINISTRY OF FINANCE (Department of Revenue) Notification New Delhi, Dated 18-3-2013 GSR 177(E)-In exercise of the powers conferred by sub-section (15) of section 6 of the Prevention of Money-Laundering Act, 2002 (15 of 2003), the Adjudicating Authority, in supersession of the Adjudicating Authority Regulations, 2006, except as respects things done or omitted to be done before such supersession, hereby makes the following regulations regulating .....

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d 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 .....

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d 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 may be, and the defendants, if available. (3) The complainant or the applicant, as the case may be, shall file a soft copy in CD form, along with the Complaint or Application, as the case may be. Date and signature 4. The complainant or application, as die case may be, shall affix his signature and also state his name in capitals near h .....

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received in the office hours on the working days and the officer in charge of the receiving branch shall issue receipt thereof in Form 1. Date of stamping of papers and maintenance of Inward Register in the following manner 7. The receiving branch shall immediately, on receipt of an or complaint or application other pleading or papers, affix the date and stamp of the Adjudicating Authority on all pages on the main or first copy and on the first page of each other copy of the application or comp .....

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nter in the receipt register and shall put serial number (receipt number) on the application or complaint, as the case may be. Registration and numbering 9. (1) The Registrar or Administrative Officer or any officer authorised by the Chairperson of the Adjudicating Authority oh examining the complaint or application, as the case may be, shall direct registration. (2) The application ordered to be registered under section 8 shall be numbered as Original Application (O.A.). (3) The complaint order .....

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g 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 regul .....

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he Bench, as the case may be, and direct the issue of notices therefor; (e) bring on record legal representatives, in case of death of any party, to proceedings; (f) verify the service of notice or other processes and to ensure that the parties are properly served; (g) requisition on the direction of Adjudicating Authority records from the custody of any authority; (h) allow inspection of records of the Adjudicating Authority; (i) return the documents filed by any authority on orders of the Benc .....

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perform such other functions incidental thereto. CHAPTER IV SERVICE OF SUMMONS AND NOTICES Issue of summons and notices 13. (1) Every summon or notice shall be issued in Form 3 or Form 4 or Form 5 or Form 6, as the case may be, signed by the Registrar or Administrative Officer. (2) Every summon and notice shall be served in the same manner as provided in Order V of Schedule 1 of the Civil Procedure Code, 1908 (5 of 1908), and the provisions of that Order shall apply, mutatis mutandis, to the pr .....

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g 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 b .....

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f the Chairperson of the Adjudicating Authority, or the Registrar or the Administrative Officer, as the case may be. (2) On grant of application for inspection of the records, the Administrative Officer or an officer authorized in that behalf shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the Registrar in the presence of the officer authorized by the Registrar. (3) The officer supervising inspection may, at any time, prohibit f .....

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copies of the documents shall be charged at the rate of twenty rupees for a full page or part thereof, irrespective of whether the copy is typed or xeroxed. (2) Except in cases where copies are supplied free under the rules or instructions for the time being in force and in cases covered by sub-rule (3), tine fees to be charged for the supply of copies on urgent basis shall twice the rate specified in sub-rule (1). (3) Where a party applies for urgent supply of a copy of evidence taken down by a .....

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of Adjudicating Authority and representatives of parties 20. (1) The Chairperson and Members of the Adjudicating Authority and representatives of the parties shall, while attending the proceedings of the Authority wear the dress specified in this regulation. (2) The dress for Chairperson and Members of the Adjudicating Authority, in case of summer season, shall be white shirt, white trouser with black coat, a black tie or a buttoned-up black Coat: Provided that in case of winter season, striped .....

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r 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 .....

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of such witness. Recording of deposition 22. The deposition of the witness whenever necessary shall be recorded in Form 8. A Certificate of attendance, if requested for, will be issued in Form 9. Numbering of witness 23. The witness called by the applicant shall be numbered consecutively as P.Ws and those by the defendant or any other persons not being applicants as D.Ws. and any witness examined at the instance of the complainants shall be numbered consequently as CWs, and the witness called by .....

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o on. CHAPTER VI ORDERS Issue of Order 26. (1) The order supported by reasons recorded shall be pronounced in open court and on the date fixed in that behalf. (2) Every sheet of the order shall bear the signature of the Chairperson and Members constituting the Bench. Copy of order to be delivered on date of its pronouncement 27. If the parties or representatives of the parties remain present on the date of pronouncement of the order, a copy of the order, if ready, shall forthwith be delivered to .....

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l 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 .....

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s along with required copying fee. (2) The copying fee (referred to in sub-regulation (1) shall be payable in the form of demand draft drawn in favour of administrative officer payable at the place of the Bench of the Adjudicating Authority and is non-refundable. Endorsement of a copy 30. Every copy shall bear the following particulars, namely:- (i) Number of the application entered in the register; (ii) Name of the applicant; (iii) Day, month and year of the application; (iv) Amount of copying .....

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ainant Name of Defendants Name of Applicant's or Complainant's Counsel Name of Defendant's Counsel Posted for 1 2 3 4 5 6 7 FORM 3 [see regulation 13(1)] Before the Adjudicating Authority (Under The Prevention of Money - Laundering Act, 2002) New Delhi Notice to Show Cause . . . . . . . . . . . . . . . . . . . . . . . Complainant v. . . . . . . . . . . . . . . . . . . . . . . . Defendants Above named Complainant has filed a complaint under sub-section (5) of section 5 (of the Prevent .....

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ring and consequently 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) .........., fai .....

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uthority (Under the Pervention of Money-Laundering Act, 2002) New Delhi Notice to Show Cause . . . . . . . . . . . . . . . . . . . . . . . Applicant v. . . . . . . . . . . . . . . . . . . . . . . . Defendants Above named applicant has filed an application under section (10) of section 18 read with section 17(4) of Prevention of Money Laundering Act, 2002 (15 of 2003) against you. You are called upon to show cause why the properties or records seized or frozen under section 17 should not be retai .....

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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: ………………&hel .....

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n of Money Laundering Act, 2002 (15 of 2003). Above named applicant has filed an application under section (10) of section 18 read with section 17(4) of Prevention of Money Laundering Act, 2002 (15 of 2003) against you. Whereas it appears that you have claimed the property provisionally attached under section 5(1) or seized or frozen under section 17 of Prevention of Money - laundering Act, 2002 (15 of 2003). You are hereby called upon to indicate and to show cause why such property/properties s .....

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ng 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 Pr .....

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hellip;………. …………………………………. 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 .....

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………. Registrar Adjudicating Authority Note: (1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this court on the day and hour aforesaid. (2) Details of records to be produced: - 1. 2. 3. 4. FROM 7 [see regulation 16(1)] APPLICATION FOR INSPECTION OF RECORDS To The Registrar/Administrative Officer, Adjudicating Authority, New Delhi. Kindly grant permiss .....

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ellip;………..Inspection concluded……………………………….. Inspection fee already paid with application Rs…………………..Additional fee, if any, paid Rs…………………. …………………………………………………&he .....

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…………… Place of residence and address …………………………………………………….. Statement was read over to the witness who admitted it to be correct. Signature, Chairman/Member Adjudicating Authority New Delhi Date………………………. FORM 9 [see regulation 22] CERTIFICATE OF ATTENDENCE Cert .....

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