Home Acts & Rules Money Laundering Rules Prevention of Money-Laundering (The Manner of Forwarding A Copy of The Order of Provisional Attachment of Property Along With The Material, And Copy of The Reasons Along With The Material In Respect of Survey, To The Adjudicating Authority And Its Period of Retention) Rules, 2005 This
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Rule 2 - Definitions. - Prevention of Money-Laundering (The Manner of Forwarding A Copy of The Order of Provisional Attachment of Property Along With The Material, And Copy of The Reasons Along With The Material In Respect of Survey, To The Adjudicating Authority And Its Period of Retention) Rules, 2005Extract 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) authorised officer means any officer not below the rank of Deputy Director authorised by the Director for the purposes of section 5 of the Act; (c) authority means an authority notified from among the classes of authorities specified in section 48 of the Act; (d) designated officer means an officer designated by the Adjudicating Authority for the purpose of sub-rule (1) of rule 4; (e) Form means forms appended to these rules; (f) material for the purposes of sub-section (1) of section 5 of the Act means any material in possession of the Director or the authorised officer, as the case may be, on the basis of which he has recorded reasons including- (i) a report forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) 1 [***]; or 2 [(ii) 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;] (g) material for the purposes of sub-section (1) of section 16 of the Act means any material in possession of the authority on the basis of which it has recorded reasons; (h) place means a place where an act constituting 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, falling within the limits of the area assigned to an authority or in respect of which an authority has been authorised by such other authority who is assigned the area under clause (i) or clause (ii) of sub-section (1) of section 16 of the Act respectively; (i) 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; (j) Schedule means the Schedule to the Act; (k) section means a section 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. Omitted Vide Prevention of Money-Laundering (Manner of Forwarding a Copy of the Order of Provisional Attachment of Property along with the Material, and Copy of the Reasons along with the Material in respect of Survey, to the Adjudicating Authority and its Period of Retention) (Amendment) Rules, 2010*, w.e.f. 7-1-2010. Before it was read as: in relation to an offence under paragraph 1 of Part A and Part B of the Schedule 2. Substituted Vide Prevention of Money-Laundering (Manner of Forwarding a Copy of the Order of Provisional Attachment of Property along with the Material, and Copy of the Reasons along with the Material in respect of Survey, to the Adjudicating Authority and its Period of Retention) (Amendment) Rules, 2010*, w.e.f. 7-1-2010. Before it was read as: (ii) a police report or a complaint filed for taking cognizance of an offence by the Special Court constituted under sub-section (1) of section 36 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (61 of 1985) in relation to an offence under paragraph 2 of Part A of the Schedule; *Corrected vide Notification No. GSR 1029(E), dated 29-12-2010.
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