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News

Adjudicating Authority

Context

The Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (PMLA) has confirmed the attachment of assets belonging to the Congress party-promoted National Herald newspaper.

Adjudicating Authority

The Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), 2002 is a body responsible for confirming the attachment of properties suspected to be involved in money laundering.

**Function:**

  • Reviews attachments made by the Enforcement Directorate (ED) on properties believed to be proceeds of crime.
  • Determines whether there’s enough evidence to confirm the attachment within 180 days.

**Process:**

  1. **ED Attachment:** The ED can provisionally attach suspicious properties under PMLA to prevent their movement.
  2. **Adjudication:** The case is presented to the Adjudicating Authority for confirmation of the attachment.
  3. **Confirmation/Rejection:** The Authority decides to confirm the attachment (making it permanent) or reject it (releasing the property).

**Appeals:**

The owner can challenge the confirmation order at the PMLA Appellate Tribunal and subsequently the High Court.

Additional Points:

  • The Adjudicating Authority is appointed by the Central Government.
  • Specific procedures for filing applications and complaints are laid out in the Adjudicating Authority (Procedure) Regulations, 2013.