In exercise of the powers conferred by sub section 1 of section 43 of the Prevention of Money Laundering Act

## Policy Analysis Report: Amendment to Notification S.O. 372(E) Regarding Prevention of Money Laundering Act, 2002 **1. Executive Summary:** This report analyzes an amendment to the Government of India's notification S.O. 372(E), dated 5th February, 2016, which pertains to the Prevention of Money Laundering Act, 2002. The amendment, issued via notification S.O. 473(E) on January 19th, 2021, focuses on redefining the jurisdiction and designation of Special Courts for handling cases under the Act within the states of Haryana and Punjab, and the Union Territory of Chandigarh. The key finding is a realignment of court jurisdictions based on revenue districts. **2. Introduction:** The purpose of this report is to provide a detailed analysis of the amendment to notification S.O. 372(E) regarding the Prevention of Money Laundering Act (PMLA), 2002, as outlined in notification S.O. 473(E) issued on January 19th, 2021. This analysis is based solely on the information provided in the policy text. **3. Policy Overview:** * **Original Policy:** The amendment modifies the Government of India, Ministry of Finance Department of Revenue notification S.O. 372(E), dated 5th February, 2016. * **Core Objective(s):** Based on the text, the overall objective of the original policy (and implicitly supported by this amendment) is to designate courts and define their jurisdictions for the efficient handling of cases related to the Prevention of Money Laundering Act, 2002. **4. Background and Rationale:** The amendment appears to be driven by a need to refine the allocation of cases under the PMLA to specific courts within Haryana, Punjab and Chandigarh. The text suggests that the previous jurisdictional assignments (as defined in S.O. 372(E)) required adjustment, potentially due to caseload imbalances, administrative efficiency considerations, or changes in judicial infrastructure or district boundaries. The consultation with the Chief Justice and Judges of the Punjab and Haryana High Court suggests a judicial input into this realignment. **5. Key Provisions / Changes:** This amendment specifically substitutes entries in the table of notification S.O. 372(E) for serial numbers 8, 21 and 31. The key changes are: * **Serial No. 8 (Haryana):** The jurisdiction of the Sessions Judge, Ambala, now includes Revenue Districts of Ambala, Kaithal, Kurukshetra, Panchkula and Yamunanagar. The jurisdiction of the Sessions Judge, Gurgaon, now includes Revenue Districts of Faridabad, Gurgaon, Mewat, Narnaul and Rewari. Furthermore, the jurisdiction of the Court of Additional Session JudgeI, Panchkula, includes Panchkula, Bhiwani, Fatehabad, Hisar, Jhajjar, Jind Palwal, Karnal, Charkhi Dadri Mahendragarh, Panipat, Rohtak, Sonipat and Sirsa. * **Serial No. 21 (Punjab):** The jurisdiction of the Court of Sessions Judge, Jalandhar, now includes Revenue Districts of Gurdaspur, Amritsar, Hoshiarpur, Jalandhar, Kapurthala, Nawanshahr and Tarn Taran. The jurisdiction of the Court of Additional Sessions JudgeI, Jalandhar, includes Ferozepur, Moga, Pathankot and Ludhiana. The jurisdiction of the Court of Additional Sessions JudgeI, Mohali, includes Mohali, Patiala, Rupnagar, Fatehgarh Sahib, Sangrur, Barnala, Mansa, Bathinda, Muktsar, Fazilka and Faridkot. * **Serial No. 31 (Union Territory of Chandigarh):** This amendment does not modify the original policy. The *effect* of these changes is a reassignment of geographical areas to specific courts, presumably to better distribute the workload of PMLA cases and/or align jurisdictions with administrative boundaries. **6. Target Audience and Stakeholders:** The directly affected stakeholders are: * **The designated courts in Haryana and Punjab:** The amendment directly impacts their caseload and jurisdictional responsibilities. * **Law enforcement agencies (Central Bureau of Investigation, local police):** These agencies will need to be aware of the updated jurisdictional boundaries for filing and prosecuting PMLA cases. * **Individuals and entities involved in PMLA cases:** The amendment dictates which court will handle their cases, potentially impacting their legal strategy and access to justice. * **Legal professionals:** Lawyers practicing in Haryana, Punjab, and Chandigarh must be aware of the jurisdictional changes to properly represent their clients. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Ministry of Finance (Department of Revenue) is responsible for issuing the notification and, presumably, overseeing its implementation. The Punjab and Haryana High Court plays a consultative role. * **Timelines or procedures:** The amendment is effective from the date of notification (January 19th, 2021). The text does not provide any specific procedures; however, it can be inferred that courts and law enforcement agencies need to update their internal processes to reflect the new jurisdictional boundaries. Specifically, all new cases must be filed in the newly designated court. In addition, all pending cases in the old courts that now fall under the jurisdiction of the newly designated courts, must be transferred to the new courts. **8. Expected Outcomes / Impact of Changes:** The intended outcome of these specific changes is likely to improve the efficiency and effectiveness of handling PMLA cases in Haryana, Punjab and Chandigarh by: * Balancing caseloads among different courts. * Aligning court jurisdictions with revenue districts, potentially simplifying administrative processes. The potential impact of the amendment is a smoother and more efficient legal process for PMLA cases, potentially leading to faster resolution and improved enforcement of the Act. **9. Conclusion:** The amendment to notification S.O. 372(E), issued via notification S.O. 473(E), represents a significant adjustment to the jurisdictional assignments of courts handling PMLA cases in Haryana, Punjab and Chandigarh. By re-aligning court jurisdictions with revenue districts, the amendment aims to improve the efficiency and effectiveness of the legal process related to money laundering offenses. Affected industry participants should take note of these changes and adapt their practices accordingly.

Key Entities Referenced