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Which one of the following is the correct composition of an Adjudicating Authority constituted under the provisions of the Prevention of Money Launder
Question

Which one of the following is the correct composition of an Adjudicating Authority constituted under the provisions of the Prevention of Money Laundering Act, 2002?

A.

A Chairperson and three other members

B.

A Chairperson and two other members

C.

A Chairperson and four other members

D.

A Chairperson and five other members

Correct option is B

The correct answer is (b) A Chairperson and two other members.

Explanation

The composition of the Adjudicating Authority is governed by Section 6 of the Prevention of Money Laundering Act (PMLA), 2002.

According to Section 6(2):

  • The Adjudicating Authority shall consist of a Chairperson and two other Members.
  • Qualifications (Section 6(3)): One Member must have experience in the field of Law, while the other must have experience in Administration, Finance, or Accountancy.
  • Appointment (Section 6(4)): The Central Government appoints one of the Members to be the Chairperson.

Information Booster:

The Adjudicating Authority acts as a quasi-judicial body that checks the powers of the Enforcement Directorate (ED). It determines whether the provisional attachment of property is justified.

Key Jurisdictional Rules:

  • Benches (Section 6(5)): The Chairperson has the power to constitute Benches. A Bench can consist of either one or two Members.
  • Headquarters: The main seat (Principal Bench) of the Adjudicating Authority is located in New Delhi.
  • Term of Office (Section 6(8)): The Chairperson and every Member hold office for a term of five years or until they attain the age of sixty-five years, whichever is earlier.

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