Section 6 Adjudicating authorities, composition, powers, etc. of Prevention of Money Laundering Act (PMLA), 2002
Adjudicating authorities, composition, powers, etc.
6. (1) The Central Government shall, by notification, appoint 1[an Adjudicating Authority] to exercise jurisdiction, powers and authority conferred by or under this Act.
(2) An Adjudicating Authority shall consist of a Chairperson and two other Members:
Provided that one Member each shall be a person having experience in the field of law, administration, finance or accountancy.
(3) A person shall, however, not be qualified for appointment as Member of an Adjudicating Authority:—
(a) in the field of law, unless he—
(i) is qualified for appointment as District Judge; or
(ii) has been a Member of the Indian Legal Service and has held a post in Grade I of that service;
(b) in the field of finance, accountancy or administration unless he possesses such qualifications, as may be prescribed.
(4) The Central Government shall appoint a Member to be the Chairperson of the Adjudicating Authority.
(5) Subject to the provisions of this Act,—
(a) the jurisdiction of the Adjudicating Authority may be exercised by Benches thereof;
(b) a Bench may be constituted by the Chairperson of the Adjudicating Authority with one or two Members as the Chairperson of the Adjudicating Authority may deem fit;
(c) the Benches of the Adjudicating Authority shall ordinarily sit at New Delhi and at such other places as the Central Government may, in consultation with the Chairperson, by notification, specify;
(d) the Central Government shall, by notification, specify the areas in relation to which each Bench of the Adjudicating Authority may exercise jurisdiction.
(6) Notwithstanding anything contained in sub-section (5), the Chairperson may transfer a Member from one Bench to another Bench.
(7) If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such Bench as the Chairperson may deem fit.
(8) The Chairperson and every Member shall hold office as such for a term of five years from the date on which he enters upon his office:
Provided that no Chairperson or other Member shall hold office as such after he has attained the age of 1[sixty-five] years.
(9) The salary and allowances payable to and the other terms and conditions of service of the Member shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Members shall be varied to his disadvantage after appointment.
(10) If, for reasons other than temporary absence, any vacancy occurs in the office of the Chairperson or any other Member, then, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Adjudicating Authority from the stage at which the vacancy is filled.
(11) The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office:
Provided that the Chairperson or any other Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(12) The Chairperson or any other Member shall not be removed from his office except by an order made by the Central Government after giving necessary opportunity of hearing.
(13) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the senior-most Member shall act as the Chairperson of the Adjudicating Authority until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(14) When the Chairperson of the Adjudicating Authority is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairperson of the Adjudicating Authority until the date on which the Chairperson of the Adjudicating Authority resumes his duties.
(15) The Adjudicating Authority shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Adjudicating Authority shall have powers to regulate its own procedure.
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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.