Section 28 of Prevention of Money Laundering Act (PMLA), 2002
1. Section 28 omitted by the Finance Act, 2016, w.e.f. 1-6-2016. Prior to its omission, said Section, as amended by the Prevention of Money-laundering (Amendment) Act, 2005, w.e.f. 1-7-2005 and the Prevention of Money-laundering (Amendment) Act, 2009, w.e.f. 1-6-2009, read as under :
"28. Qualifications for appointment.—(1) A person shall not be qualified for appointment as Chairperson unless he is or has been a Judge of the Supreme Court or of a High Court or is qualified to be a Judge of the High Court.
(2) A person shall not be qualified for appointment as a Member unless he—
(b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years; or
(c) has been a member of the Indian Revenue Service and has held the post of Commissioner of Income-tax or equivalent post in that Service for at least three years; or
(d) has been a member of the Indian Economic Service and has held the post of Joint Secretary or equivalent post in that Service for at least three years; or
(e) has been a member of the Indian Customs and Central Excise Service and has held the post of a Joint Secretary or equivalent post in that Service for as least three years; or
(f) has been in the practice of accountancy as a chartered accountant under the Chartered Accountants Act, 1949 (38 of 1949) or as a registered accountant under any law for the time being in force or partly as a registered accountant and partly as a chartered accountant for at least ten years:
Provided that one of the members of the Appellate Tribunal shall be from category mentioned in clause (f); or
(g) has been a member of the Indian Audit and Accounts Service and has held the post of Joint Secretary or equivalent post in that Service for at least three years.
(3) No sitting Judge of the Supreme Court or of a High Court shall be appointed under this section except after consultation with the Chief Justice of India.
(4) The Chairperson or a Member holding a post as such in any other Tribunal, established under any law for the time being in force, in addition to his being the Chairperson or a Member of that Tribunal, may be appointed as the Chairperson or a Member, as the case may be, of the Appellate Tribunal 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.