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Prevention 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.

Money Laundering - GSR 445(E) - Dated:- 1-7-2005 - MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the dated 1-7-2005 GSR 445(E),-In exercise of the powers conferred by sub-section (1) read with clause (a), clause (m), clause (n), clause (o) 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 relating to the Forms, search and seizure and the manner of forwarding .....

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03); (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 b .....

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or or Additional Director or Joint Director or Deputy Director or Assistant Director appointed by the Central Government under sub-section (1) of section 49 of the Act; (h) Form means forms appended to these rules; (i) impounding authority for the purpose of sub-section (5) of section 50 of the Act, means the Director or Additional Director or Joint Director or Deputy Director or Assistant Director appointed by the Central Government under sub-section (1) of section 49 of the Act; (j) material f .....

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ance 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) in relation to an offence under paragraph 2 of Part A of the Schedule; (k) material for the purpose of sub-section (2) of section 18 of the Act means the material in possession of the authority referred to in clause (e) of sub-rule (1) of rule 2, after search and seizure, under sub-section (1) of section 18 of the Act, including- (i) a r .....

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ffence under paragraph 2 of Part A of the Schedule; (l) place means a place, where an act which constitutes the commission 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 .....

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t 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 to these rules. (2) The authority referred to in clause (c) of sub-rule (1) of rule 2, shall be empowered to- (a) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such record .....

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session or control of any record or property, in respect of all matters relevant for the purposes of any investigation under this Act : Provided that no search under sub-section (1) of section 17 of the Act shall be conducted, unless- (a) in relation to an offence under paragraph 1 of Part A and Part B of the Schedule, a report under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) has been forwarded to a Magistrate; or (b) in relation to an offence under paragraph 2 of Part A of .....

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is to be searched, call upon any two or more respectable persons, to attend and witness the search and may issue an order in writing to them or any of them so to do. (4) Any person in charge of, or, in any building, place, vessel, vehicle or aircraft shall, on production of the authorisation, allow the authority free ingress thereto and afford all reasonable facilities for search therein. (5) If ingress into such building or place cannot be obtained, it shall be lawful for the authority executin .....

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mittance: 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, .....

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such vessel, vehicle or aircraft, whether that of the person to be searched or of any other person, if after production of the authorisation and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that if any such vessel, vehicle or aircraft is occupied by a woman, who according to custom does not appear in public, the authority shall, before entering such vessel, vehicle or aircraft, give notice to such woman that she is at liberty to withdraw and shall afford her ev .....

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with any such requirement, may break open the lock of such box, locker, safe, almirah or other receptacle which the authority may deem necessary for carrying out all or any of the purposes specified by the Director in this behalf. (8) The occupant of the building, place, vessel, vehicle or aircraft searched, including the person in charge of such vessel, vehicle or aircraft, or some person on his behalf, shall be permitted to attend during the search. Procedure relating to seizure 4. (1) The au .....

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ng such compliance. (2) The authority shall prepare a seizure memo (inventory of items) in Form II appended to these rules which shall be delivered to the occupant of the building, place, vessel, vehicle 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 .....

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so 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 Authority. Applicability of the provisions of the Code of Criminal Procedure, 1973 5. The provisions of the Co .....

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to the Director. (2) If the impounding authority requires assistance of police or officers of the Central Government, or both, it shall be lawful for him to seek such assistance as necessary under section 54 of the Act while impounding any records under sub-section (5) of section 50 of the Act. (3) The impounding authority, other than the Director, shall prepare an inventory of impounded records in triplicate. Where the impounding authority is the Director, he shall prepare such inventory in dup .....

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one copy with him. Where the impounding authority is the Director, he shall give one copy of such inventory to the person from whom records have been impounded and shall retain one copy with him. (6) The impounding authority other than the Director may, after obtaining the previous approval of the Director in writing, return any records impounded under this rule, to the person from whom records were impounded if such records are no longer useful and relevant for any proceedings under this Act. .....

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ub-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 ackno .....

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nvelope inside the outer envelope, and shall place an acknowledgement slip in Form-IV appended to these rules. (6) The outer envelope shall be sealed and marked Confidential . Complete address of the Adjudicating Authority shall be mentioned on the sealed outer envelope. (7) The authority, as the case may be, shall maintain registers and other records such as acknowledgement slip register, dak register for the purposes of this rule and shall ensure that necessary entries are made in the register .....

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legibly written below his signature. The seal of the office of the Adjudicating Authority shall be affixed before forwarding Form-IV to the authority as a token of receipt of the sealed envelope. (2) The Adjudicating Authority shall, on opening of the sealed envelope, forward Form-III duly filled in, signed and his name legibly written below his signature. The seal of the office of the Adjudicating Authority shall be affixed before forwarding of Form-III to the authority as a token of receipt of .....

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search and seizure and search of persons by the Adjudicating Authority 10. (1) The Adjudicating Authority shall retain copy of the reasons and the material relating to search and seizure and search of persons for a period of ten years or if, before the expiry of the said period of ten 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, .....

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r 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........................................................................ Director, have reason to believe that ............................ .....

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ch in my opinion, will be useful for or relevant to the investigation and proceedings under the Prevention of Money-laundering Act, 2002 (15 of 2003) are secreted in the premises specified in the Schedule below. I hereby authorize.................................................................................................................................... Name and designation of the authority to conduct the search and seizure of the premises specified in Schedule below, under sub-section (1 .....

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..................... Time Time Panch Witnesses : 1. .......................................................................................... [name with complete address] 2. .......................................................................................... [name with complete address] We, the above named panchas having been called upon by Shri ................................................................................................................................................ .....

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.................................................. issued by Shri........................................................................................ ..................................................................................................................................................................................................................................................... Name, designation and complete address of the Director under section 17 of the Prevention of Money-l .....

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.................................................. ...................................................................................................................................................................................................................................................... [name of the occupier of the premises] put our dated signatures on the authorisation in token of having seen the same. Before the actual start of search and after the conclusion of search by Shri....... .....

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.................................. offered their personal search which was declined/taken by Sarvashri/Shri/Shrimati........................................................................................................................... ...................................................................................................................................................................................................................................................... [the occupier .....

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and verified and inventory prepared or 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. ................................................................. .....

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8] ACKNOWLEDGEMENT SLIP Serial Number................................. Received a copy of the letter bearing Number...................................... dated.................................along with the reasons and the material containing pages......................from............................................................. on ...................... at ................................. Designation of the authority Date Time Signature of the Adjudicating Authorit Date:................. .....

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.............. FORM-IV [See sub-rule (5) of rule 8] ACKNOWLEDGEMENT SLIP Serial Number................................. Received a sealed envelope bearing number........................................................................... Dated....................................................... from.......................................................................................................... on................................. at................................. Designation of the .....

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.......... ................................................................................. ................................................................................. FORM V [See rule 11] FORM FOR SUMMONS .................................................................................................. .................................................................................................. ......................................................................................... .....

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