Rule 2 - Definitions. - Prevention of Money-Laundering (Forms, Search And Seizure or Freezing 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

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; 1 [(c) authority for the purposes of sub-section (2) of section 17 or sub-section (1A) of section 17 or sub-section (1) of section 18 of the Act means an officer subordinate to the Director and authorized by the Director under sub-section (1) of section 17 or the Central Government under sub-section (1) of section 18 of the Act; ] (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-section (1) of section 49 of the Act; (g) Director or Additional Director or Joint Director or Deputy Director or Assistant Director for the purpose of sub-section (5) of section 50 of the Act, means a 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; (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 subsection (1) of section 49 of the Act; 2 [(j) material for the purpose of sub-section (1A) and sub-section (2) of section 17 of the Act means the material in possession of the authority, referred to in clause (c) of sub-rule (1) of rule2, after search, seizure or freezing under sub-section (1) of section 17 respectively of the Act, including a report forwarded to a Magistrate under section 157 of the Code of Criminal Procedure, 1973 (2 of 1974) or a complaint filed before a Magistrate or a court by a person authorized to investigate the scheduled offence for taking cognizance of such scheduled offence; as the case may be, or in cases where such report is not required to be forwarded, a similar report of information received or otherwise submitted by an officer authorized to investigate a scheduled offence to an officer not below the rank of Additional Secretary to the Government of India or equivalent being Head of the office or Ministry or Department or Unit, as the case may be, or any other officer who may be authorized by the Central Government, by notification, for this purpose; ] 3 [(k) material for the purposes of sub-section (2) of section 18 of the Act means the material in possession of the authority referred to in clause (c) of sub-rule (1) of rule 2, after search and seizure under sub-section (1) of section 18 of the Act including a report forwarded to the Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) or a complaint filed before the Magistrate or court by a person authorized to investigate the scheduled offence for taking cognizance of such scheduled offence; as the case may be, or in cases where such report is not required to be forwarded, a similar report of information received or otherwise has been submitted by an officer authorized to investigate a scheduled offence to an officer not below the rank of Additional Secretary to the Government of India or equivalent being Head of the office or Ministry or Department or Unit, as the case may be, or any other officer who may be authorized by the Central Government, by notification, for this purpose; ] (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 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. --------------------- Notes: 1. Substituted Vide Prevention of Money-laundering (Forms, Search and Seizure or Freezing and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) (Amendment) Rules , 2013, w.e.f. 19-8-2013. Before it was read as: (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; 2. Substituted Vide Prevention of Money-laundering (Forms, Search and Seizure or Freezing and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) (Amendment) Rules, 2013, w.e.f. 19-8-2013. Before Substitution it was read as: 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) Amendment Rules, 2010, w.e.f. 7-1-2010, before it was read as: (j) material for the purpose of sub-section (2) of section 17 of the Act means the material in possession of the authority, referred to in clause (c) of sub-rule (1) of rule 2, after search and seizure under sub-section (1) of section 17 of the Act, including a report forwarded to a Magistrate under section 157 of the Code of Criminal Procedure, 1973 (2 of 1974) or a complaint filed before a Magistrate or a court by a person authorized to investigate the scheduled offence for taking cognizance of such scheduled offence; Substituted vide Notification No. GSR 1030(E), dated 29-12-2010. 2009 3. Substituted Vide Prevention of Money-laundering (Forms, Search and Seizure or Freezing and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) (Amendment) Rules , 2013, w.e.f. 19-8-2013. Before it was read as: 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) Amendment Rules, 2010, w.e.f. 7-1-2010,: (k) material for the purposes of sub-section (2) of section 18 of the Act means the material in possession of the authority referred to in clause (d) of sub-rule (1) of rule 2, after search and seizure under sub-section (1) of section 18 of the Act including a report forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) or a complaint filed before a Magistrate or a court by a person authorized to investigate the scheduled offence for taking cognizance of such scheduled offence; Substituted vide Notification No. GSR 1030(E), dated 29-12-2010. 2009