Rule 3 - Manner of issuance of provisional attachment order - Prevention of Money-Laundering (Issuance of Provisional Attachment Order) Rules, 2013

Manner of issuance of provisional attachment order 3. (1) Where the Director or any officer authorised in this behalf has reason to believe on the basis of material in his possession that the proceeds of crime or the property involved in money-laundering has to be provisionally attached, the said officer shall make a provisional attachment order. (2) The authorized officer shall endorse a copy of the provisional attachment order to all concerned including the persons in possession of the properties and the Adjudicating Authority. (3) The service of provisional attachment order shall be served in the following manner:- (a) by delivering or tendering the provisional attachment order to the owner or person; or (b) if it cannot be delivered to such owner or person, by delivering it to the person duly authorised by such owner or person; or (c) if the owner or person is absent from his residence at the time when service of the provisional attachment order is being effected on him, and there is no likelihood of his being found at the residence within a reasonable time and he has not duly authorised any person to accept the service on his behalf, service may be made on any adult member in the family of such owner or person who is residing with him; or (d) if the service cannot be effected as provided in clauses (a) to (c) the serving officer shall affix one of the duplicate of the provisional attachment order at some conspicuous part of the premises in which the person or owner resides or is known to have last resided or carried on business or personally works or has worked for gain and that the written report thereof shall be witnessed by two persons. (4) If the provisional attachment order cannot be served under clause (a) or clause (b) or clause (c) or clause (d) of sub-rule (3), then by publishing it in a leading newspaper (both in vernacular and in English) having wide circulation in the area or jurisdiction in which the person resides or is known to have last resided or carried on business or personally works or last worked for gain. (5) Notwithstanding anything contained above, the provisional attachment order to the owner or person, in addition to and simultaneously may be sent by speed post with proof of delivery at the address of his place of residence or his last known place of residence or the place where he carried on, or last carried on, business or personally works or last worked for gain.