-
Sections
-
Section - 1. Short title and commencement.
-
Section - 2. Amendment of section 2.
-
Section - 3. Amendment of section 5.
-
Section - 4. Amendment of section 6.
-
Section - 5. Amendment of section 8.
-
Section - 6. Amendment of section 12.
-
Section - 7. Amendment of section 17.
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Section - 8. Amendment of section 18.
-
Section - 9. Amendment of section 28.
-
Section - 10. Amendment of section 32.
-
Section - 11. Amendment of section 38.
-
Section - 12. Amendment of section 60.
-
Section - 13. Amendment of Schedule.
PREVENTION OF
MONEY-LAUNDERING (AMENDMENT) ACT, 2009
[Act No. 21 of 2009]
[6th March, 2009.]
PREAMBLE
An Act
further to amend the Prevention of Money-laundering Act, 2002.
Be it
enacted by Parliament in the Sixtieth Year of the Republic of India as follows.
Section - 1. Short title and commencement.
(1)
This Act may
be called the Prevention of Money-laundering (Amendment) Act, 2009.
(2)
It shall
come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.
Section - 2. Amendment of section 2.
In section
2 of the Prevention of Money-laundering Act, 2002(15 of 2003) (hereinafter
referred to as the principal Act), in sub-section (1),
(i)
after
clause (d), the following clause shall be inserted, namely.
'(da) "authorised person" means an authorised person as
defined in clause (c) of section 2 of the Foreign Exchange
Management Act, 1999(42 of 1999);';
(ii)
after clause
(j), the following clause shall be inserted, namely.
'(ja) "designated business or profession" means carrying on
activities for playing games of chance for cash or kind, and includes such
activities associated with casino or such other activities as the Central
Government may, by notification, so designate, from time to time;';
(iii)
in clause
(l), for the words "a non-banking financial company", the words
"an authorised person, a payment system operator and a non-banking
financial company" shall be substituted;
(iv)
in
clause (q), after the words and figures "Reserve Bank of India
Act, 1934(2 of 1934)", the words "and includes a person carrying on
designated business or profession" shall be inserted;
(v)
after
clause (r), the following clauses shall be inserted, namely.
'(ra) "offence of cross border implications", means.
(i)
any conduct
by a person at a place outside India which constitutes an offence at that place
and which would have constituted an offence specified in Part A, Part B or Part
C of the Schedule, had it been committed in India and if such person remits the
proceeds of such conduct or part thereof to India; or
(ii)
any offence
specified in Part A, Part B or Part C of the Schedule which has been committed
in India and the proceeds of crime, or part thereof have been transferred to a
place outside India or any attempt has been made to transfer the proceeds of
crime, or part thereof from India to a place outside India.
Explanation.
Nothing contained in this clause shall adversely affect any investigation,
enquiry, trial or proceeding before any authority in respect of the offences
specified in Part A or Part B of the Schedule to the Act before the
commencement of the Prevention of Money-laundering (Amendment) Act, 2009;
(rb) "payment system" means a system that enables payment
to be effected between a payer and a beneficiary, involving clearing, payment
or settlement service or all of them.
Explanation.
For the purposes of this clause, "payment system" includes the
systems enabling credit card operations, debit card operations, smart card
operations, money transfer operations or similar operations;
(re) "payment system operator" means a person who operates a
payment system and such person includes his overseas principal.
Explanation.
For the purposes of this clause, "overseas principal" means,
(A)
in the case
of a person, being an individual, such individual residing outside India, who
owns or controls or manages, directly or indirectly, the activities or
functions of payment system in India;
(B)
in the case
of a Hindu undivided family, Karta of such Hindu undivided family residing
outside India who owns or controls or manages, directly or indirectly, the
activities or functions of payment system in India;
(C)
in the case
of a company, a firm, an association of persons, a body of individuals, an
artificial juridical person, whether incorporated or not, such company, firm,
association of persons, body of individuals, artificial juridical person
incorporated or registered outside India or existing as such and which owns or
controls or manages, directly or indirectly, the activities or functions of
payment system in India;';
(vi)
in
clause (y), for sub-clause (ii), the following sub-clauses shall be
substituted, namely.
"(ii) the offences specified under Part B of the Schedule if the
total value involved in such offences is thirty lakh rupees or more; or
(iii) the offences specified under Part C of the Schedule.".
Section - 3. Amendment of section 5.
In section
5 of the principal Act, in sub-section (1),
(a)
for the
words "ninety days", the words "one hundred and fifty days"
shall be substituted;
(b)
for the
proviso, the following provisos shall be substituted, namely.
"Provided
that no such order of attachment shall be made unless, in relation to the
scheduled offence, a report has been forwarded to a Magistrate
under section 173 of the Code of Criminal Procedure, 1973(2 of 1974),
or a complaint has been filed by a person, authorised to investigate the
offence mentioned in the Schedule, before a Magistrate or court for taking
cognizance of the scheduled offence, as the case may be:
Provided further that, notwithstanding anything contained in clause (b), any
property of any person may be attached under this section if the Director or
any other officer not below the rank of Deputy Director authorised by him for
the purposes of this section has reason to believe (the reasons for such belief
to be recorded in writing), on the basis of material in his possession, that if
such property involved in money-laundering is not attached immediately under
this Chapter, the non-attachment of the property is likely to frustrate any
proceeding under this Act.".
Section - 4. Amendment of section 6.
In section
6 of the principal Act,
(i)
in
sub-section (1), for the words "one or more Adjudicating
Authorities", the words "an Adjudicating Authority" shall be
substituted;
(ii)
in the
proviso to sub-section (8), for the word "sixty-two", the
word "sixty-five" shall be substituted.
Section - 5. Amendment of section 8.
In section
8 of the principal Act, in sub-section (1), for the words and figure
"offence under section 3", the words and figure "offence under
section 3 or is in possession of proceeds of crime" shall be substituted.
Section - 6. Amendment of section 12.
In section
12 of the principal Act, for sub-section (2), the following
sub-section shall be substituted, namely.
"(2)(a) The records referred to in clause (a) of sub-section
(1) shall be maintained for a period of ten years from the date of transactions
between the clients and the banking company or financial institution or
intermediary, as the case may be.
(b) The records referred to in clause (c) of sub-section (1) shall
be maintained for a period of ten years from the date of cessation of
transactions between the clients and the banking company or financial
institution or intermediary, as the case maybe.".
Section - 7. Amendment of section 17.
In section
17 of the principal Act, in sub-section (1),
(i)
in the
opening portion, for the words "the Director", the words "the
Director or any other officer not below the rank of Deputy Director authorised
by him for the purposes of this section," shall be substituted;
(ii)
for the
proviso, the following proviso shall be substituted, namely.
"Provided
that no search shall be conducted unless, in relation to the scheduled offence,
a report has been forwarded to a Magistrate under section 157 of the
Code of Criminal Procedure, 1973, or a complaint has been filed by a person,
authorised to investigate the offence mentioned in the Schedule, before a
Magistrate or court for taking cognizance of the scheduled offence, as the case
maybe.".
Section - 8. Amendment of section 18.
In section
18 of the principal Act,
(i)
in
sub-section (1), the following proviso shall be inserted, namely.
"Provided
that no search of any person shall be made unless, in relation to the scheduled
offence, a report has been forwarded to a Magistrate under section
173 of the Code of Criminal Procedure, 1973(2 of 1974), or a complaint has
been filed by a person authorised to investigate the offence mentioned in the
Schedule, before a Magistrate or court for taking cognizance of the scheduled
offence, as the case may be.";
(ii)
in
sub-section (9), the proviso shall be omitted.
Section - 9. Amendment of section 28.
In section
28 of the principal Act, in
sub-section (2), clause (a) shall be omitted.
Section - 10. Amendment of section 32.
In section
32 of the principal Act, in sub-section (2), the following
proviso shall be inserted, namely.
"Provided
that the Chief Justice of India shall be consulted before removal of the
Chairperson or a Member who was appointed on the recommendation of the Chief
Justice of India.".
Section - 11. Amendment of section 38.
In section
38 of the principal Act, for the words "one or more of the other
Members", the words "third Member" shall be substituted.
Section - 12. Amendment of section 60.
In section
60 of the principal Act, after sub-section (6), the following
subsection shall be inserted, namely.
"(7) When any property in India is confiscated as a result of
execution of a request from a contracting State in accordance with the
provisions of this Act, the Central Government may either return such property
to the requesting State or compensate that State by disposal of such property
on mutually agreed terms that would take into account deduction for reasonable
expenses incurred in investigation, prosecution or judicial proceedings leading
to the return or disposal of confiscated property.".
Section - 13. Amendment of Schedule.
In the
principal Act, in the Schedule,
(i)
in Part A .
(a)
in Paragraph
1, after section 121A and the entry relating thereto, the following sections
and the entries shall be inserted, namely.
|
|
|
|
Section |
Description
of offence |
|
"489A |
Counterfeiting
currency notes or bank notes. |
|
489B |
Using as
genuine, forged or counterfeit currency notes or bank notes."; |
(b)
in Paragraph
2, for sections 15,18 and 20 and the entries relating thereto, the following
sections and the entries shall be substituted, namely.
|
|
|
|
Section |
Description
of offence |
|
15 |
Contravention
in relation to poppy straw. |
|
16 |
Contravention
in relation to coca plant and coca leaves. |
|
17 |
Contravention
in relation to prepared opium. |
|
18 |
Contravention
in relation to opium poppy and opium. |
|
19 |
Embezzlement
of opium by cultivator. |
|
20 |
Contravention
in relation to cannabis plant and cannabis. |
|
21 |
Contravention
in relation to manufactured drugs and preparations."; |
|
|
|
(c)
after
Paragraph 2, the following Paragraphs shall be inserted, namely.
"PARAGRAPH 3
Offences under the Explosive Substances Act, 1908
|
|
|
|
Section |
Description
of offence |
|
|
|
|
3 |
Causing
explosion likely to endanger life or property. |
|
4 |
Attempt to
cause explosion, or for making or keeping explosives with intent to endanger
life or property. |
|
5 |
Making or possessing
explosives under suspicious circumstances. |
PARAGRAPH 4
Offences under the Unlawful Activities (Prevention) Act, 1967
|
|
||
|
Section |
Description
of offence |
|
|
10 read
with section 3 |
Penalty
for being member of an unlawful association, etc. |
|
|
11 read with
sections 3 and 7 |
Penalty
for dealing with funds of an unlawful association. |
|
|
13 read
with section 3 |
Punishment
for unlawful activities. |
|
|
16 read
with section 15 |
Punishment
for terrorist act. |
|
|
16A |
Punishment
for making demands of radioactive substances, nuclear devices, etc. |
|
|
17 |
Punishment
for raising fund for terrorist act. |
|
|
18 |
Punishment
for conspiracy, etc. |
|
|
18A |
Punishment
for organising of terrorist camps. |
|
|
18B |
Punishment
for recruiting of any person or persons for terrorist act. |
|
|
19 |
Punishment
for harbouring, etc. |
|
|
20 |
Punishment
for being member of terrorist gang or organisation. |
|
|
21 |
Punishment
for holding proceeds of terrorism. |
|
|
38 |
Offence
relating to membership of a terrorist organisation. |
|
|
Section |
Description
of offence |
|
|
39 |
Offence
relating to support given to a terrorist organisation. |
|
|
40 |
Offence of
raising fund for a terrorist organisation."; |
|
(w) in Part B.
(a)
for
Paragraph 1, the following Paragraph shall be substituted, namely.
"PARAGRAPH 1
Offences under the Indian Penal Code
|
Section |
Description
of offence |
|
120B |
Criminal
conspiracy. |
|
255 |
Counterfeiting
Government stamp. |
|
257 |
Making or
selling instrument for counterfeiting Government stamp. |
|
258 |
Sale of
counterfeit Government stamp. |
|
259 |
Having
possession of counterfeit Government stamp. |
|
260 |
Using as
genuine a Government stamp known to be counterfeit. |
|
302 |
Murder. |
|
304 |
Punishment
for culpable homicide not amounting to murder. |
|
307 |
Attempt to
murder. |
|
308 |
Attempt to
commit culpable homicide. |
|
327 |
Voluntarily
causing hurt to extort property, or to constrain to an illegal act. |
|
329 |
Voluntarily
causing grievous hurt to extort property, or to constrain to an illegal act. |
|
364A |
Kidnapping
for ransom, etc. |
|
384 to 389 |
Offences
relating to extortion. |
|
392 to 402 |
Offences
relating to robbery and dacoity. |
|
411 |
Dishonestly
receiving stolen property. |
|
412 |
Dishonestly
receiving property stolen in the commission of a dacoity. |
|
413 |
Habitually
dealing in stolen property. |
|
414 |
Assisting
in concealment of stolen property. |
|
417 |
Punishment
for cheating. |
|
418 |
Cheating
with knowledge that wrongful loss may ensue to person whose interest offender
is bound to protect. |
|
419 |
Punishment
for cheating by personation. |
|
420 |
Cheating
and dishonestly inducing delivery of properties. |
|
421 |
Dishonest
or fraudulent removal or concealment of property to prevent distribution
among creditors. |
|
422 |
Dishonestly
or fraudulently preventing debt being available for creditors. |
|
423 |
Dishonest
or fraudulent execution of deed of transfer containing false statement of consideration. |
|
424 |
Dishonest
or fraudulent removal or concealment of property. |
|
467 |
Forgery of
valuable security, will, etc. |
|
471 |
Using as
genuine a forged document or electronic record. |
|
472 and
473 |
Making or
possessing counterfeit seal, etc., with intent to commit forgery. |
|
475 and
476 |
Counterfeiting
device or mark. |
|
481 |
Using a
false property mark. |
|
482 |
Punishment
for using a false property mark. |
|
483 |
Counterfeiting
a property mark used by another. |
|
484 |
Counterfeiting
a mark used by a public servant. |
|
485 |
Making or
possession of any instrument for counterfeiting a property mark. |
|
486 |
Selling
goods marked with a counterfeit property mark. |
|
487 |
Making a
false mark upon any receptacle containing goods. |
|
488 |
Punishment
for making use of any such false mark."; |
(b)
in Paragraph
3, before section 51 read with section 17A and the entry relating thereto, the
following section and the entry shall be inserted, namely.
|
Section |
Description
of offence |
|
"51
read with section 9 |
Hunting of
wild animals."; |
(c)
in Paragraph
5, after section 10 and the entry relating thereto, the following section and
the entry shall be inserted, namely.
|
Section |
Description
of offence |
|
"13 |
Criminal
misconduct by a public servant."; |
(d)
after
Paragraph 5, the following Paragraphs shall be inserted, namely.
"PARAGRAPH 6
Offences under the Explosives Act, 1884.
|
Section |
Description
of offence |
|
9-B |
Punishment
for certain offences. |
|
9-C |
Offences
by companies. |
PARAGRAPH 7
Offences under the Antiquities and Arts Treasures Act, 1972
|
Section |
Description
of offence |
|
25 read
with section 3 |
Contravention
of export trade in antiquities and art treasures. |
|
28 |
Offences
by companies. |
PARAGRAPH 8
Offences under the Securities and Exchange Board of India Act, 1992
|
Section |
Description
of offence |
|
12A read
with section 24 |
Prohibition
of manipulative and deceptive devices insider trading and substantial
acquisition of securities or control. |
PARAGRAPH 9
Offences under the Customs Act, 1962
|
Section |
Description
of offence |
|
135 |
Evasion of
duty or prohibitions. |
PARAGRAPH 10
Offences under the Bonded Labour System (Abolition) Act, 1976
|
Section |
Description
of offence |
|
16 |
Punishment
for enforcement of bonded labour. |
|
18 |
Punishment
for extracting bonded labour under the bonded labour system. |
|
20 |
Abetment
to be an offence. |
PARAGRAPH 11
Offences under the Child Labour (Prohibition and Regulation) Act,
1986
|
Section |
Description
of offence |
|
14 |
Punishment
for employment of any child to work i contravention of the provisions of
section 3. |
PARAGRAPH 12
Offences under the Transplantation of Human Organs Act, 1994
|
Section |
Description
of offence |
|
18 |
Punishment
for removal of human organ without authority. |
|
19 |
Punishment
for commercial dealings in human organs. |
|
20 |
Punishment
for contravention of any other provision of this Act. |
PARAGRAPH 13
Offences under the Juvenile Justice (Care and Protection of Children)
Act, 2000
|
Section |
Description
of offence |
|
23 |
Punishment
for cruelty to juvenile or child. |
|
24 |
Employment
of juvenile or child for begging. |
|
25 |
Penalty
for giving intoxicating liquor or narcotic drug or psychotropic substance to
juvenile or child. |
|
26 |
Exploitation
of juvenile or child employee. |
PARAGRAPH 14
Offences under the Emigration Act, 1983
|
Section |
Description
of offence |
|
24 |
Offences
and penalties. |
PARAGRAPH 15
Offences under the Passports Act, 1967
|
Section |
Description
of offence |
|
12 |
Offences
and penalties. |
PARAGRAPH 16
Offences under the Foreigners Act, 1946
|
Section |
Description
of offence |
|
14 |
Penalty
for contravention of provisions of the Act, etc. |
|
14B |
Penalty
for using forged passport. |
|
14C |
Penalty
for abetment. |
PARAGRAPH 17
Offences under the Copyright Act, 1957
|
Section |
Description
of offence |
|
63 |
Offence of
infringement of copyright or other rights conferred by this Act. |
|
63A |
Enhanced
penalty on second and subsequent convictions. |
|
63B |
Knowing
use of infringing copy of computer programme. |
|
68A |
Penalty
for contravention of section 52 A. |
PARAGRAPH 18
Offences under the Trade Marks Act, 1999
|
Section |
Description
of offence |
|
|
103 |
Penalty
for applying false trade marks, trade descriptions, etc. |
|
|
104 |
Penalty
for selling goods or providing services to which false trademark or false
trade description is applied. |
|
|
Section |
Description
of offence |
|
|
105 |
Enhanced
penalty on second or subsequent conviction. |
|
|
107 |
Penalty
for falsely representing a trade mark as registered. |
|
|
120 |
Punishment
of abetment in India of acts done out of India. |
|
PARAGRAPH 19
Offences under the Information Technology Act, 2000
|
Section |
Description
of offence |
|
72 |
Penalty
for breach of confidentiality and privacy. |
|
75 |
Act to
apply for offence or contravention committed outside India. |
PARAGRAPH 20
Offences under the Biological Diversity Act, 2002
|
Section |
Description
of offence |
|
|
55 read
with section |
6
Penalties for contravention of section 6, etc. |
|
|
|
PARAGRAPH
21 |
|
|
Offences
under the |
Protection
of Plant Varieties and Farmers' |
|
|
|
Rights
Act, 2001 |
|
|
Section |
Description
of offence |
|
|
70 read
with section 68 |
Penalty
for applying false denomination, etc. |
|
|
71 read
with section 68 |
Penalty
for selling varieties to which false denomination is applied. |
|
|
72 read
with section 68 |
Penalty
for falsely representing a variety as registered. |
|
|
73 read
with section 68 |
Penalty
for subsequent offence. |
|
PARAGRAPH 22
Offences under the Environment Protection Act, 1986
|
Section |
Description
of offence |
|
15 read
with section 7 |
Penalty
for discharging environmental pollutants. |
|
15 read
with section 8 |
Penalty
for handling hazardous substance. |
PARAGRAPH 23
Offences under the Water (Prevention and Control of Pollution) Act, 1974
|
Section |
Description
of offence |
|
41(2) |
Penalty
for pollution of stream or well. |
|
43 |
Penalty
for contravention of provisions of section 24. |
PARAGRAPH 24
Offences under the Air (Prevention and Control of Pollution) Act, 1981
|
Section |
Description
of offence |
|
37 |
Failure to
comply with the provisions for operator industrial plant. |
PARAGRAPH 25
Offences under the Suppression of Unlawful Acts against Safety of
Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
|
Section |
Description
of offence |
|
3 |
Offences
against ship, fixed platform, cargo of a ship, maritime navigational
facilities, etc."; |
(iii) after Part B, the following Part shall be inserted, namely.
"PART C
An offence
which is the offence of cross border implications and is specified in,
(1)
Part A; or
(2)
Part B
without any monetary threshold; or
(3)
the offences
against property under Chapter XVII of the Indian Penal Code.".