Section 44 the Prevention of Money- Laundering Act with Case Law, 2002
Sure! Here's a detailed explanation of Section 44 of the Prevention of Money Laundering Act, 2002 (PMLA):
🔹 Section 44 of the Prevention of Money Laundering Act, 2002
Title:
Power to make rules
📜 Text of Section 44 (Simplified)
The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
These rules must be consistent with the provisions of the Act.
🔍 Key Points and Explanation:
| Aspect | Explanation |
|---|---|
| Authority: | The Central Government is empowered to make rules under this Act. |
| Purpose: | To enable detailed procedural and administrative matters to be prescribed. |
| Scope: | Rules can include any matter necessary to implement the Act, e.g., forms, procedures, notifications. |
| Legal status: | Rules have the force of law once published in the Official Gazette. |
⚖️ Context
The Act itself contains broad provisions and leaves many procedural details to be framed as rules by the government.
This allows flexibility and responsiveness to changing circumstances without needing to amend the Act.
⚖️ Related Provisions
Section 45: Protection of action taken in good faith — often accompanied by rules to ensure proper procedure.
Section 43: Power to make regulations by Director — The Director of Enforcement also can make regulations, but only for certain aspects.
📝 Examples of Rules Made under PMLA
Rules regarding attachment, confiscation, and management of property.
Procedure for filing complaints or reports.
Format for reporting suspicious transactions.
Procedure for investigation and prosecution.
✅ Summary
Section 44 empowers the Central Government to frame rules necessary to implement the PMLA.
This helps operationalize the Act by specifying procedures and other administrative details.
The rules are legally binding once notified.
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