Section 8 Adjudication. of Prevention of Money Laundering Act (PMLA), 2002
8. (1) On receipt of a complaint under sub-section (5) of section 5, or applications made under sub-section (4) of section 17 or under sub-section (10) of section 18, if the Adjudicating Authority has reason to believe that any person has committed an offence under section 3 [or is in possession of proceeds of crime], it may serve a notice of not less than thirty days on such person calling upon him to indicate the sources of his income, earning or assets, out of which or by means of which he has acquired the property attached under sub-section (1) of section 5, or, seized [or frozen] under section 17 or section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved in money-laundering and confiscated by the Central Government:
Provided that where a notice under this sub-section specifies any property as being held by a person on behalf of any other person, a copy of such notice shall also be served upon such other person:
Provided further that where such property is held jointly by more than one person, such notice shall be served to all persons holding such property.
(2) The Adjudicating Authority shall, after—
(a) considering the reply, if any, to the notice issued under sub-section (1);
(b) hearing the aggrieved person and the Director or any other officer authorised by him in this behalf; and
(c) taking into account all relevant materials placed on record before him,
by an order, record a finding whether all or any of the properties referred to in the notice issued under sub-section (1) are involved in money-laundering:
Provided that if the property is claimed by a person, other than a person to whom the notice had been issued, such person shall also be given an opportunity of being heard to prove that the property is not involved in money-laundering.
(3) Where the Adjudicating Authority decides under sub-section (2) that any pro-perty is involved in money-laundering, he shall, by an order in writing, confirm the attachment of the property made under sub-section (1) of section 5 or retention of property or [record seized or frozen under section 17 or section 18 and record a finding to that effect, whereupon such attachment or retention or freezing of the seized or frozen property] or record shall—
(a) continue during the pendency of the proceedings relating to any [offence under this Act before a court or under the corresponding law of any other country, before the competent court of criminal jurisdiction outside India, as the case may be; and]
[(b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60 by the Adjudicating Authority.]
(4) Where the provisional order of attachment made under sub-section (1) of section 5 has been confirmed under sub-section (3), the Director or any other officer authorised by him in this behalf shall forthwith take the [possession of the pro-perty attached under section 5 or frozen under sub-section (1A) of section 17, in such manner as may be prescribed:
Provided that if it is not practicable to take possession of a property frozen under sub-section (1A) of section 17, the order of confiscation shall have the same effect as if the property had been taken possession of.]
[(5) Where on conclusion of a trial of an offence under this Act, the Special Court finds that the offence of money-laundering has been committed, it shall order that such property involved in the money-laundering or which has been used for commission of the offence of money-laundering shall stand confiscated to the Central Government.
(6) Where on conclusion of a trial under this Act, the Special Court finds that the offence of money-laundering has not taken place or the property is not involved in money-laundering, it shall order release of such property to the person entitled to receive it.
(7) Where the trial under this Act cannot be conducted by reason of the death of the accused or the accused being declared a proclaimed offender or for any other reason or having commenced but could not be concluded, the Special Court shall, on an application moved by the Director or a person claiming to be entitled to possession of a property in respect of which an order has been passed under sub-section (3) of section 8, pass appropriate orders regarding confiscation or release of the property, as the case may be, involved in the offence of money-laundering after having regard to the material before it.]
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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.