Section 16 Power of survey. of Prevention of Money Laundering Act (PMLA), 2002
Power of survey.
16. (1) Notwithstanding anything contained in any other provisions of this Act, where an authority, on the basis of material in his possession, has reason to believe (the reasons for such belief to be recorded in writing) that an offence under section 3 has been committed, he may enter any place—
(i) within the limits of the area assigned to him; or
(ii) in respect of which he is authorised for the purposes of this section by such other authority, who is assigned the area within which such place is situated,
at which any act constituting the commission of such offence is carried on, and may require any proprietor, employee or any other person who may at that time and place be attending in any manner to, or helping in, such act so as to,—
- afford him the necessary facility to inspect such records as he may require and which may be available at such place;
- afford him the necessary facility to check or verify the proceeds of crime or any transaction related to proceeds of crime which may be found therein; and
- furnish such information as he may require as to any matter which may be useful for, or relevant to, any proceedings under this Act.
Explanation.—For the purposes of this sub-section, a place, where an act which constitutes the commission of the offence is carried on, shall also include 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.
(2) The authority referred to in sub-section (1) shall, after entering any place referred to in that sub-section immediately after completion of survey, forward a copy of the reasons so recorded along with material in his possession, referred to in that sub-section, to the Adjudicating Authority in a sealed envelope in the manner as may be prescribed and such Adjudicating Authority shall keep such reasons and material for such period as may be prescribed.
(3) An authority acting under this section may—
(i) place marks of identification on the records inspected by him and make or cause to be made extracts or copies therefrom,
(ii) make an inventory of any property checked or verified by him, and
(iii) record the statement of any person present in the place which may be useful for, or relevant to, any proceeding under this Act.
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- Section 1 Short title, extent and commencement
- Section 5 ATTACHMENT, ADJUDICATION AND CONFISCATION Attachment of property involved in money-laundering.
- Section 6 Adjudicating authorities, composition, powers, etc.
- Section 7 Staff of Adjudicating Authorities.
- Section 8 Adjudication.
- Section 9 Vesting of property in Central Government.
- Section 10 Management of properties confiscated under this Chapter.
- Section 11 Power regarding summons, production of documents and evidence, etc.
- Section 12 Reporting entity to maintain records
- Section 12A Access to information.
- Section 13 Powers of director to impose fine.
- Section 14 No civil or criminal proceedings against reporting entity, its directors and employees in certain cases
- Section 15 Procedure and manner of furnishing information by reporting entities.
- Section 16 Power of survey.
- Section 17 Search and seizure.
- Section 18 Search of persons.
- Section 19 Power to arrest.
- Section 20 Retention of property.
- Section 21 Retention of records.
- Section 22 Presumption as to records or property in certain cases.
- Section 23 Presumption in inter-connected transactions.
- Section 24 Burden of proof.
- Section 25 Appellate Tribunal.
- Section 26 Appeals to Appellate Tribunal.
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35 Procedure and powers of Appellate Tribunal.
- Section 36 Distribution of business amongst Benches.
- Section 37 Chairman to transfer cases.
- Section 38 Decision to be by majority.
- Section 39 Right of appellant to take assistance of authorised representative and of Government to appoint presenting officers.
- Section 40 Members, etc., to be public servants.
- Section 41 Civil court not to have jurisdiction.
- Section 42 Appeal to High Court.
- Section 43 Special Courts.
- Section 44 Offences triable by Special Courts.
- Section 45 Offences to be cognizable and non-bailable.
- Section 46 Application of Code of Criminal Procedure, 1973 to proceedings before Special Court.
- Section 47 Appeal and revision.
- Section 48 Authorities under Act.
- Section 49 Appointment and powers of authorities and other officers.
- Section 50 Powers of authorities regarding summons, production of documents and to give evidence, etc.
- Section 51 Jurisdiction of authorities.
- Section 52 Power of Central Government to issue directions, etc.
- Section 53 Empowerment of certain officers.
- Section 54 Certain officers to assist in inquiry, etc.
- Section 55 RECIPROCAL ARRANGEMENT FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND CONFISCATION OF PROPERTY Definitions.
- Section 56 Agreements with foreign countries.
- Section 57 Letter of request to a contracting State in certain cases.
- Section 58 Assistance to a contracting State in certain cases.
- Section 58A Special Court to release the property.
- Section 58B Letter of request of a contracting State or authority for confiscation or release the property.
- Section 59 Reciprocal arrangements for processes and assistance for transfer of accused persons.
- Section 60 Attachment, seizure and confiscation, etc., of property in a contracting State or India.
- Section 61 Procedure in respect of letter of request.
- Section 62 Punishment for vexatious search.
- Section 63 Punishment for false information or failure to give information, etc.
- Section 64 Cognizance of offences.
- Section 65 Code of Criminal Procedure, 1973 to apply.
- Section 66 Disclosure of information.
- Section 67 Bar of suits in civil courts.
- Section 68 Notice, etc., not to be invalid on certain grounds.
- Section 69 Recovery of fine or penalty.
- Section 70 Offences by companies.
- Section 71 Act to have overriding effect.
- Section 72 Continuation of proceedings in the event of death or insolvency.
- Section 73 Power to make rules.
- Section 74 Rules to be laid before Parliament.
- Section 75 Power to remove difficulties.
- Section 2 Definitions.