MINISTRY OF FINANCE
(Department of Revenue)
New Delhi, the 24th May, 2017
G.S.R.515 (E).—In exercise of the powers conferred by sub-section (15) of section 6 of the Prevention of Money- Laundering Act, 2002 (15 of 2003), the Adjudicating Authority, hereby makes the following regulations to amend the Adjudicating Authority (Procedure) Regulations, 2013, namely:—
1. (1) These regulations may be called the Adjudicating Authority (Procedure) Amendment Regulations, 2017.
(2) They shall come into force on the date of their publication in the official Gazette.
2. In the Adjudicating Authority (Procedure) Regulations, 2013,-
(A) in regulation 11, in sub-regulation (2), clause (e) shall be omitted;
(B) for regulation 13, the following regulation shall be substituted namely:-
“13. Issue of summon and notice –
(1) Every summon or notice shall be issued in Form 3 or Form 4 or Form 5 or Form 6, as the case may be, and signed by the Registrar or Administrative Officer.
(2) Every summon and notice shall be served by the complainant or applicant upon the defendant or respondent along with complete relied upon documents in a bound paper book and an affidavit of service along with proof of service shall be filed by the person affecting such service.
(3) (a) The service of summon or notice upon the defendant or respondent may ordinarily be made by,-
(i) Dasti i.e. delivering or tendering personally; or
(ii) registered post acknowledgement due (AD), or by speed post or courier service; or
(iii) Electronic mail (e-mail) or by fax message.
(iv) If any summon or notice, when tendered, is refused or if the person on whom the summon to be served refuses to sign an acknowledgment of service, then the complainant or applicant shall make a report to this effect and in such event, such summon or notice shall be deemed to have been served.
(4) If for any reason the such summon or notice can not be served personally, the complainant or applicant may serve the same by affixing a copy of the summon on the outer door or some other conspicuous part of the house or office in which the defendant/ respondent resides or carries on business or personally works for gain, and shall then return the original to the Registrar or Administrative Officer, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so and the name and address of the person, if any, in whose presence the copy was affixed and the Authority issuing the summon or notice shall in that event declare that the summon has been duly served on the defendants or respondents.Online GST Certification Course by TaxGuru & MSME- Click here to Join
(5) Where the notice is to be served upon a company, corporation or firm, it may be served upon the Secretary, Director or other principal officer of the company or corporation at its registered office or the concerned corporate office or upon the proprietor or partner of the firm at the address of the firm.
(6) In a proceeding relating to any business or work against a person who does not reside within the jurisdiction of the Adjudicating Authority the service of summon or notice may be made on any manager or agent, who, at the time of service, personally carries on such business or work for such person within such limits, which shall be deemed good service.
(7) Where the defendant or respondent is confined in a prison, the summon or notice shall be delivered or sent by post or otherwise to the officer in charge of the prison for service on the defendant or respondent.
(8) Where the defendant or respondent resides out of India and has no agent in India empowered to accept service, the summon shall be addressed to the defendant or respondent at the place where he is residing and sent to him by post or by courier or by email or by fax.
(9) Where the Central Government has, by notification in the Official Gazette, declared in respect of any foreign territory that summon or notice to be served on defendants or respondents actually and voluntarily residing or carrying on business or personally working for gain in that foreign territory may be sent to an officer of the Government of the foreign territory specified by the Central Government the summon or notice may be sent to such officer, through the Ministry of the Government of India dealing with foreign affairs or in such other manner as may be specified by the Central Government; and if such officer returns, any such summon or notice with an endorsement purporting to have been made by him that the summon or notice has been served on the defendant, such endorsement shall be deemed to be evidence of service.
(10) Where a counsel accepts the summon or notice on behalf of any defendant or respondent and files, the vakalatnama or authority on his behalf, service of summon or notice upon such defendant or respondent shall be dispensed with.
(11) Notwithstanding anything in sub-regulation (3), a summon or notice may be communicated through electronic mode as provided in section 13 of the Information Technology Act, 2000 (21 of 2000) and transmission of such communication shall be regarded as valid service.
Note: Section 13 of the Information Technology Act is appended to these rules as Annexure 1.”;
(C) for regulation 14, the following regulation shall be substituted namely:-
“14. Bringing legal representatives on record. –
In case defendant or respondent dies during the pendency of proceedings, his legal heirs shall be brought on record by the complainant or applicant by making such heirs as defendant or respondent to the proceedings.”;
(D) in regulation 15, for sub-regulation (2), the following sub-regulation shall be substituted namely:–
“(2) The reply of the defendant or respondent shall not be entertained after the date fixed for hearing.”;
(E) in regulation 28, in sub-regulation 3, the word “ordinary” shall be omitted.
[F. No. 5/7/2009-PMLA]
MUKESH KUMAR, Chairperson
Section 13. Time and place of dispatch and receipt of electronic record-
(1) Save as otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters a computer resource outside the control of the originator.
(2) Save as otherwise agreed between the originator and the addressee, the time of receipt of electronic record shall be determined as follows, namely:-
(a) If the addressee has designated a computer resource for the purpose of receiving electronic records-
(i) Receipt occurs at the time when the electronic, record enters the addressee:
(ii) If the electronic record is sent to a computer resource of the addressee that is not the designated computer resource, receipt occurs at the time when the electronic record is retrieved by the addressee:
(b) If the addressee has not designated a computer resource along with specified timings, if any, receipt occurs when the electric record enters the computer resources of the addressee.
(3) Save as otherwise agreed to between the originator and the addressee, an electronic record is deemed to the dispatched at the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business.
(4) The provisions of sub-sections (2) shall apply notwithstanding that the place where the computer resource is located may be different from the place where the electronic record is deemed to have been received under sub-section (3).
(5) For the purposes of this section,-
(a) If the originator of the addressee has more than one place of business, the principal place of business, shall be the place of business:
(b) If the originator or the addressee does not have a place of business, his usual place of residence shall be deemed to be the place of business;
(c) “usual place of residence”, in relation to a body corporate, means the place where it is registered.
Note:- The principal regulations were published in the Gazette of India, Extraordinary, part-II, section 3, sub-section (i), vide number G.S.R 177(E) dated the 18th March, 2013.