Treatise on PMLA – Law and Practice (Set of 2 Volumes)

Explore the comprehensive ‘Treatise on PMLA – Law and Practice (Set of 2 Volumes)’ authored by Akhilesh S. Dubey and published by Bharat Publishers in its 1st edition of 2023. With ISBN 978-93-94163-84-3 and a whopping 2376 pages, this authoritative work delves deep into the Prevention of Money-Laundering Act, 2002, covering its definitions, offenses, attachment, adjudication, and much more. For a limited time, enjoy a flat 27% discount and free shipping, making it the perfect time to add this invaluable resource to your collection.

CONTENTS

ContentPage
Bharat?5
Foreword by B.R. Gavai, Judge Supreme Court of India9
Preface to the First Edition11
About the Author15
About the Book17
Acknowledgments19
Table of Cases31
Introduction to the First Edition by Justice M.S. Karnik, High Court at Bombay99
Prologue103
Volume 1 : The Prevention of Money-Laundering Act, 2002
CHAPTER I : Preliminary
1. Short title, extent and commencement
2. Definitions1
62
CHAPTER II : Offence of Money-Laundering
3. Offence of money-laundering
4. Punishment for money-laundering136
242
CHAPTER III : Attachment, Adjudication and Confiscation
5. Attachment of property involved in money-laundering
6. Adjudicating Authority, composition, powers, etc.296
7. Staff of Adjudicating Authorities399
8. Adjudication433
9. Vesting of property in Central Government434
10. Management of properties confiscated under this Chapter548
11. Power regarding summons, production of documents and evidence, etc.570
573
CHAPTER IV: Obligations of Banking Companies, Financial Institutions and Intermediaries.
11A. Verification of identity by reporting entity
12. Reporting entity to maintain records577
12A. Access to information580
12AA. Enhanced due diligence603
13. Powers of Director to impose fine605
14. No civil or criminal proceedings against reporting entity, its directors and employees in certain cases607
15. Procedure and manner of furnishing information by reporting entities619
620
CHAPTER V : Summons, Searches and Seizures, etc.
16. Power of survey622
17. Search and seizure631
18. Search of persons712
19. Power to arrest740
20. Retention of property830
21. Retention of records852
22. Presumption as to records or property in certain cases865
23. Presumption in inter-connected transactions885
24. Burden of proof893
CHAPTER VI: Appellate Tribunal
25. Appellate Tribunal933
26. Appeals to Appellate Tribunal946
27. Composition, etc., of Appellate Tribunal988
28. Qualifications for appointment990
29. Term of office996
30. Conditions of service996
31. Vacancies997
32. Resignation and removal998
33. Member to act as Chairperson in certain circumstances1002
34. Staff of Appellate Tribunal1004
35. Procedure and powers of Appellate Tribunal1005
36. Distribution of business amongst Benches1023
37. Power of Chairperson to transfer cases1026
38. Decision to be by majority1027
39. Right of appellant to take assistance of authorised representative and of Government to appoint presenting officers1032
40. Members, etc., to be public servants1034
41. Civil court not to have jurisdiction1035
42. Appeal to High Court1042
CHAPTER VII: Special Courts
43. Special Courts1074
44. Offences triable by Special Courts1091
45. Offences to be cognizable and non-bailable1130
46. Application of the Code of Criminal Procedure, 1973 to proceeding before Special Court1242
47. Appeal and revision1254
Volume 2
CHAPTER VIII: Authorities
48. Authorities under the Act1305
49. Appointment and powers of authorities and other officers1306
50. Powers of authorities regarding summons, production of documents and to give evidence, etc.1308
51. Jurisdiction of authorities1335
52. Power of Central Government to issue directions, etc.1337
53. Empowerment of certain officers1339
54. Certain officers to assist in inquiry, etc.1340
CHAPTER IX: Reciprocal arrangement for assistance in certain matters and procedure for attachment and confiscation of property
55. Definitions1348
56. Agreements with foreign countries1349
57. Letters of request to a contracting state in certain cases1350
58. Assistance to a contracting state in certain cases1353
58A. Special Court to release the property1356
58B. Letter of request of a Contracting State or authority for confiscation or release the property1357
59. Reciprocal arrangements for processes and assistance for transfer of accused persons1359
60. Attachment, seizure and confiscation, etc., of property in a contracting state or India1361
61. Procedure in respect of letter of request1373
CHAPTER X: Miscellaneous
62. Punishment for vexatious search1375
63. Punishment for false information or failure to give information, etc.1379
64. Cognizance of offences1394
65. Code of Criminal Procedure, 1973 to apply1399
66. Disclosure of information1413
67. Bar of suits in civil courts1416
68. Notice, etc., not to be invalid on certain grounds1439
69. Recovery of fine or penalty1443
70. Offences by companies1446
71. Act to have overriding effect1468
72. Continuation of proceedings in the event of death or insolvency1485
72A. Inter-ministerial Co-ordination Committee1487
73. Power to make rules1489
74. Rules to be laid before Parliament1502
75. Power to remove difficulties1509

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