TMI BlogPrevention of Money-laundering (Forms, Search and Seizure and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) Rules, 2005.X X X X Extracts X X X X X X X X Extracts X X X X ..... the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) Rules, 2005. (2) They shall come into force on the date of their publication in the Official Gazette. Definitions 2. (1) In these rules, unless the context otherwise requires,- (a) Act means the Prevention of Money-laundering Act, 2002 (15 of 2003); (b) Adjudicating Authority means an Adjudicating Authority appointed under sub-section (1) of section 6 of the Act; (c) authority for the purposes of sub-section (2) of section 17 of the Act means an officer subordinate to the Director and authorised by the Director under sub-section (1) of section 17 of the Act; (d) authority for the purposes of sub-section (1) of section 18 of the Act means an authority from among the classes of authorities specified in section 48 of the Act, authorized by the Central Government by general or special order; (e) designated officer means the officer designated by the Adjudicating Authority for the purpose of sub-rule (1) of rule 10; (f) Director for the purpose of sub-section (1) of section 17 of the Act means the Director appointed under sub-secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ission of the offence of money-laundering is carried on and includes any other place, whether any activity is carried on therein or not, in which the person carrying on such activity states that any of his records or any part of his property relating to such act are or is kept; (m) records include the records maintained in the form of books or stored in a computer or tapes or discs or in any other electronic form or transcribed information of any type whether expressed in ordinary or machine language and such other documents as may be useful for the purposes of these rules; (n) Schedule means the Schedule to the Act; (o) section means a section of the Act. (p) Summoning Officer means an officer who has the power to summon any person under sub-section (2) of section 50 of the Act. (2) All other words and expressions used and not defined in these rules but defined in the Act shall have the meaning respectively assigned to them in the Act. Procedure relating to search 3. (1) The Director may authorize any officer subordinate to him for the purposes of sub-section (1) of section 17 of the Act and such authorization shall be in Form I appended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as may be required, to enter such building or place and search therein and in order to effect an entrance into such building or place, to break open any lock of any door or window of any building or place, whether that of the person to be searched or of any other person, if after production of authorisation and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that, if any such building or place is an apartment in actual occupancy of a woman, who according to custom does not appear in public, the authority shall before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing and may then break open the apartment and enter it. (6) If ingress into any vessel, vehicle or aircraft authorized to be searched cannot be obtained because such vessel, vehicle or aircraft is moving or for any other reason, it shall be lawful for the authority executing the authorisation, with such assistance as may be required of police officers and such officers, as specified in section 54 of the Act, to stop any such vessel or vehicle or in the case of an aircraft, compel it to sto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehicle or aircraft searched, including the person in charge of such vessel, vehicle or aircraft, or some person on his behalf and the authority shall also forward a copy of the inventory so prepared to the Director and the Adjudicating Authority. (3) The authority shall place or cause to be placed the records of properties including bullion, jewellery and other valuable articles and things seized during the search in a package which shall contain the details of the bullion, jewellery and other valuable article and things placed therein, such packages shall bear an identification mark and the seal of the authority, and the occupant of such building, place, vehicle or aircraft, including the person in charge of such vessel, vehicle or aircraft searched or any other person on his behalf shall also be permitted to place his seal on packages. (4) A copy of the list prepared in accordance with sub-rule (3) shall be delivered to the occupant of the building, place, vehicle or aircraft, including the person in charge of such vessel, vehicle or aircraft searched or any other person on his behalf and the authority shall also forward a copy thereof to the Director and the Adjudicating A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r he shall not retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the Director in writing. Manner of forwarding of a copy of the reasons and the material relating to search and seizure under sub-section (2) of section 17 of the Act and search of persons under sub-section (2) of section 18 of the Act to the Adjudicating Authority 8. (1) The authority, as the case may be, shall prepare an index of a copy of the reasons recorded along with the material in his possession and sign each page of such index and shall also write a letter while forwarding copy of reasons and material to the Adjudicating Authority in a sealed envelope. (2) The authority, as the case may be, shall place an acknowledgement slip in Form-III appended to these rules inside the envelope before sealing it. (3) The authority, as the case may be, shall indicate a reference number and date of despatch on the sealed envelope. (4) The sealed envelope shall be marked Confidential and To be opened by the addressee only and the complete address of the Adjudicating Authority including his name shall be mentioned on the sealed envelope wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years,- (i) any proceedings under section 8 of the Act have been commenced, until the disposal of such proceedings, or (ii) where an appeal has been preferred to the Appellate Tribunal under section 26 of the Act, until the disposal of such appeal by the Appellate Tribunal, or (iii) where an appeal has been filed in the High Court under section 42 of the Act, until the disposal of such appeal by the High Court; whichever is later. Forms of records 11. The Summoning Officer shall, while exercising powers under sub-sections (2) and (3) of section 50 of the Act, issue summons in Form-V appended to these rules. Interpretation 12. If any question arises relating to the interpretation of these rules, the matter shall be referred to the Central Government and the decision of the Central Government shall be final. FORM I [See sub-rule (1) of rule 3] AUTHORISATION FOR SEARCH AND SEIZURE UNDER SUB-SECTION (1) OF SECTION 17 OF THE ACT Authorisation Number............................ of............................. Dated................................. [year] WHEREAS I.......................................................... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ....................................................... [name, designation and complete address of Officer] have presented ourselves at ....................................................................................................................................................................................................................................................................... [complete addrerss of the premises] Here we were shown an authorisation dated .................................................................... issued by Shri........................................................................................ ..................................................................................................................................................................................................................................................... Name, designation and complete address of the Director under section 17 of the Prevention of Money-laundering Act, 2002 (15 of 2003) authorising Shri .................................................................................................... ......................... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r recovered and seized as per details given in the Schedule below. The search was conducted in a peaceful and orderly manner and no damage to the person or property was caused during the course of search. [Signature] Authority [Seal] SCHEDULE [Inventory of items recovered and seized] Panch Witnesses : 1. .................................................................. [signature with date] 2. ................................................................. [signature with date] ..................................................................................................................................................................................................... [signature of the person searched] (Authority) Signature with Seal (Received copy) [signature of the person searched] Note :- Each page of the seizure memo is to be signed and dated by the Panch Witnesses, the person searched and the Authority. FORM-III [See sub-rule (2) of rule 8] ACKNOWLEDGEMENT SLIP Serial Number................................. Received a copy of the letter bearing Number...................................... dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ..................................................................................... [ADDRESS OF THE SUMMONING OFFICER] No. ................................. Whereas, I.............................................................................................................................. Director or Additional Director or Joint Director or Deputy Director or Assistant Director, am making investigation under the provisions of the Prevention of Money-laundering Act, 2002 (15 of 2003). And Whereas, I consider the attendance of............................................................................... Name of the person summoned and his address necessary in connection with the said investigations. Now, Therefore, in exercise of the powers conferred upon me under sub-section (2) and sub-section (3) of section 50 of the said Act, I require the said .............. ..................................................................................................................................................................... [name of the person summoned and his address] to appear before me at my office on................................. at... ..... X X X X Extracts X X X X X X X X Extracts X X X X
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