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Prevention of Money-laundering (Receipt and Management of Confiscated Properties) Rules, 2005
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Confiscated property management requires identification, custodial deposit in authorized banks and maintenance of statutory registers.
An Administrator must identify confiscated property on receipt, ensure custody or on site maintenance where removal is impracticable, deposit cash, securities, bullion, jewellery and other valuables in the nearest Government Treasury, Reserve Bank, State Bank or authorized bank with a receipt, and maintain a Movable Property Register (Form I) and an Immovable Property Register (Form II) recording specified particulars; the Central Government may provide assistance to the Administrator and has final authority on rule interpretation.
Prevention of Money-laundering (the Manner of forwarding a copy of the Order of Provisional Attachment of Property along with the Material, and copy of the Reasons along with the Material in respect of Survey, to the Adjudicating Authority and its period of Retention) Rules, 2005.
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Confidential forwarding procedures require secure indexed transmission and acknowledgement, with extended retention of attachment and survey materials.
The rules require the Director/authorised officer or authority to prepare and sign an index and each page of the order/reasons and material, enclose them in a sealed inner envelope marked confidential with a reference number and date, include the appropriate acknowledgement slip (Form-I or Form-II), place that envelope inside a sealed outer envelope with Form-III, and record dispatch in registers. The Adjudicating Authority must acknowledge receipt with the specified forms, maintain receipt registers, and retain copies for ten years or until related proceedings or appeals conclude.
Appointment and powers of authorities and other officers.
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Appointment of Director to exercise exclusive and concurrent Prevention of Money Laundering Act powers under specified sections.
The Central Government appoints the Director of Enforcement (formerly holding office under the Foreign Exchange Management Act) to exercise specified exclusive and concurrent powers under the Prevention of Money laundering Act, vesting the Director with enumerated statutory authorities and consolidating enforcement functions under the Act.
Establishes an Appellate Tribunal
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Appellate Tribunal established to hear appeals from orders of the Adjudicating Authority and authorities under the Prevention of Money laundering Act.
The Central Government has constituted an Appellate Tribunal at New Delhi under the Prevention of Money laundering Act to hear appeals against orders of the Adjudicating Authority and the authorities designated under the Act, thereby creating a statutory appellate forum to review administrative adjudications arising under the Act.
Adjudicating authorities, composition, powers, etc.
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Jurisdiction allocation: Specified adjudicating bench to exercise nationwide jurisdiction under the Prevention of Money Laundering Act notification, exercising statutory powers.
A Central Government notification designates a specific Adjudicating Authority bench to exercise jurisdiction, powers and authority under the Prevention of Money Laundering Act, 2002 over the whole of India, invoking clause (d) of sub section (5) of section 6 to allocate nationwide adjudicatory competence.
Adjudicating authorities, composition, powers, etc.
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Adjudicating Authority appointment under PMLA establishes a Chairperson and two member body to exercise statutory jurisdiction.
The Central Government, invoking sub section (1) of section 6 of the Prevention of Money Laundering Act, appoints an Adjudicating Authority to exercise the jurisdiction, powers and authority under the Act; the Authority shall consist of a Chairperson and two Members, operate within the Department of Revenue, Ministry of Finance, and have its headquarters at New Delhi.
Commencement of the provisions of Prevention of Money-laundering Act, 2002 (15 of 2003) - 1.7.2005 notified as appointed date.
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Commencement of Prevention of Money laundering Act provisions appointed, coming into force on first July two thousand five.
A Central Government notification under sub section (3) of section 1 appoints 1st July, 2005 as the date on which all provisions of the Prevention of Money laundering Act, 2002 shall come into force; published as G.S.R. 436(E) with Notification No. 1/2005/F.No.6/2/2005 E.S. and signed by the Under Secretary to the Government of India.
Power to modify Act in its application to Nidhis etc. - Notified Nidhis
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Modification power under Companies Act: Certain companies declared Nidhis with tailored Act provisions applied, with specified exceptions.
Declares thirteen specified companies to be Nidhis under the Companies Act, 1956 and directs that provisions of the Act listed in column (1) of Schedule III to G.S.R. 978 of 1963 shall not apply, or shall apply with the exceptions, modifications and adaptations specified in column (2). It amends Schedule I of the principal notification by adding serial entries 245-257 to list the named companies and their addresses, thereby bringing them within the tailored exemption/adaptation framework for Nidhis.
Income-tax (Twentieth Amendment) Rules, 2005 - Insertion of rules 6DDA and 6DDB in Part II of Income-tax Rules, 1962
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Recognised stock exchange requirements: SEBI approval, client identification, immutable records and audit trail required; notification follows application.
Conditions for notification as a recognised stock exchange for derivatives require SEBI approval for derivatives trading, recording client particulars including unique client identity number and PAN, maintaining a seven year audit trail of cash and derivative transactions, and ensuring transactions once registered cannot be erased or modified. Applications to the Member(L), CBDT must include SEBI approval, current rules and bye laws, confirmation of compliance with those operational conditions and any other information; the Central Government may request further information, decide on notification or rejection within the prescribed period, and the notification remains effective while SEBI approval subsists and until rescinded.
Appointment and powers of authorities and other officers.
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Appointment of Director Financial Intelligence Unit confers exclusive and concurrent PMLA investigatory and enforcement powers.
The Central Government designates the Director, Financial Intelligence Unit, India to exercise exclusive powers under specified clauses and sections of the Prevention of Money laundering Act, 2002, and concurrently to exercise additional enumerated powers, thereby centralising investigatory, information gathering, coordination and specified procedural authorities in that office.
Renewal of recognition to Saurashtra Kutch Stock Exchange Limited, Rajkot
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Renewal of recognition granted to a stock exchange for a one-year term, subject to regulatory conditions and oversight.
Renewal of recognition is granted to Saurashtra Kutch Stock Exchange Limited under the Securities Contracts (Regulation) Act for a one year period commencing 10 July 2005 and ending 9 July 2006, subject to conditions that may be prescribed or imposed subsequently by the regulator.
Notification under section 11(3) of the Securities Contracts (Regulation) Act, 1956 for Extending the period of supersession of the Governing Board of the Uttar Pradesh Stock Exchange Association Limited.
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Supersession of a stock exchange governing board extended to allow completion of corporatisation and elections.
SEBI extended the supersession of the Governing Board of the Uttar Pradesh Stock Exchange Association Limited and directed that Shri M.N. Sabharwal, IPS (Retd.) continue as Administrator to exercise and perform all powers and duties of the Governing Board; the Administrator may take assistance of such persons as he deems necessary to complete corrective measures, elections, corporatisation and demutualisation during the extended period.
Notification under section 11(3) of the Securities Contracts (Regulation) Act, 1956 for Extending the Period of supersession of the Council of Management of Bhubaneswar Stock Exchange
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Extension of supersession preserves administrator control to complete corrective measures, elections and corporatisation processes.
Extension of the supersession of the Council of Management of a recognised stock exchange so the Administrator continues to exercise and perform all powers and duties of the Council; Administrator may take such assistance as necessary. The extension is intended to allow completion of corrective measures, the election and constitution of a new Council, and the processes of corporatisation and demutualisation, relying on the regulator's statutory powers.
Scheme for furnishing of Paper-Returns of Tax Collected at Source, 2005
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Tax collected at source compliance requires paper TCS returns to be prepared, digitised, and transmitted through designated agencies.
Scheme requires collectors to prepare paper TCS Returns on prescribed Forms quoting their PAN, TAN and the PANs of persons from whom tax was collected, ensure all form fields are correctly completed, and furnish the Return to the designated agency. The agency must check PANs, TANs and deposit details, issue receipts when complete, digitise returns, forward originals to the Assessing Officer, transmit digitised data to the e-filing administrator, and issue deficiency memos for missing PANs requiring correction within seven days, flagging unremedied deficiencies prior to transmission.
Scheme for furnishing of Paper-Returns of Tax Deducted at Source, 2005
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Paper TDS returns require PAN and TAN disclosure; agencies verify, digitise and transmit records to e-filing administrator.
Scheme requires deductors to prepare TDS Returns on prescribed Forms, quote their PAN and TAN and deductee PANs, ensure all columns are correctly filled, and furnish the paper return to the designated agency. The agency verifies PAN/TAN and tax deposit details, issues a receipt if complete, digitises the return, issues a deficiency memo for missing deductee PANs with a seven-day cure period, and transmits digitised data (with unresolved deficiencies flagged) to the e-filing administrator; the assessing officer maintains the digitised returns as record.
Income-tax (Nineteenth Amdt.) Rules, 2005 - Amendments in Rules 31A, 31AA, 31AB, 37 and 37A and substitution of rule 36A of Part VI; amendments in rules 37E and 37F of Part VIA; amendments in Form No. 16, Form No. 16A, Form No. 16AA and Form No. 27D; omission of Form No. 27 and insertion of Form No.
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Electronic filing requirement: deductors must submit quarterly TDS/TCS statements to designated e filing authority with TAN and PAN included.
Deductors and collectors must prepare quarterly TDS/TCS statements in the prescribed electronic data structure and deliver them on specified computer media to the designated e filing administrator or an authorised person/agency; government offices and company principal officers must use computer media while others may opt in. Quarterly statements must quote TAN and PAN where applicable, include particulars of tax paid to the Central Government, accompany any compression software on the same media, and bear labels identifying the filer, period and volume.
STEs are also allowed to sell the goods on high sea sale basis to the Advance Licence holders
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High sea sale permission: State Trading Enterprises may sell goods on high sea sale to Advance Licence holders.
Amendment permits State Trading Enterprises to sell goods on high sea sale basis to holders of Advance Licences by inserting a sentence in paragraph 4.1.13 of the Foreign Trade Policy, 2004-2009; the change is made under statutory authority and stated to be in the public interest.
Rescinds the notification No. 5/2005–Customs, dated the 27th January, 2005
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Rescission of customs notification withdraws prior exemption while preserving prior actions and omissions.
The Central Government, invoking sub-section (2) of section 9A of the Customs Tariff Act, 1975 read with rule 13 of the Anti-dumping Rules, rescinds notification No. 5/2005-Customs (published as G.S.R.42(E)), withdrawing its effect prospectively while preserving actions done or omitted before the rescission.
Anti-dumping duty on all imports of Hexamine imported from Iran
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Anti-dumping duty imposed on imports of Hexamine from Iran, enforcing definitive duty with exchange-rate based payment.
Definitive anti-dumping duty imposed on Hexa Methylene Tetramine (Hexamine) originating in, or exported from, Iran, following final findings that such imports were dumped and caused material injury to domestic industry; duty specified per metric tonne, payable in Indian currency, with the applicable exchange rate determined by Government notification and the relevant date for that rate being the date of presentation of the bill of entry.
Notification under section 11(3) of the Securities Contracts (Regulation) Act, 1956 for extending the period of supersession of the Committee of the Calcutta Stock Exchange Association Limited
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Supersession of exchange governing committee extended to allow elections and corporatisation to proceed.
The supersession of the Committee of the stock exchange is extended to permit continuation of corrective measures, completion of elections, and corporatisation and demutualisation; the existing Administrator shall continue to exercise and perform all powers and duties of the Committee during the extended period and may take assistance as necessary, the extension being effected under the applicable statutory regulatory powers.

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