The Prevention of Money-Laundering Act, 2002 · III — ATTACHMENT, ADJUDICATION AND CONFISCATION

Section 9. Vesting of property in Central Government

In force · As amended up to 2026-08

9. Vesting of property in Central Government.— Where an order of confiscation has been made under[10] [sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60] in 1. Ins. by Act 13 of 2018, s. 208 (w.e.f. 19-4-2018). 2. Subs. by Act 7 of 2019, s. 22, for "ninety days" (w.e.f. 20-3-2019). 3. Subs. by Act 2 of 2013, s. 6, for "scheduled offence before a court; and" (w.e.f. 15-2-2013). 4. Subs. by s. 6, ibid ., for clause (b) (w.e.f. 15-2-2013). 5. Subs. by Act 20 of 2015, s. 147, for "Adjudicating Authority" (w.e.f. 14-5-2015). 6. Ins. by Act 7 of 2019, s. 22 (w.e.f. 20-3-2019). 7. Subs. by Act 2 of 2013, s. 6, for "possession of the attached property" (w.e.f. 15-2-2013). 8. Subs. by s. 6, ibid ., for sub-sections (5) and (6) (w.e.f. 15-2-2013). 9. Ins. by Act 20 of 2015, s. 147 (w.e.f. 14-5-2015). 10. Subs. by Act 2 of 2013, s. 7, for "sub-section (6) of section 8" (w.e.f. 15-2-2013). respect of any property of a person, all the rights and title in such property shall vest absolutely in the Central Government free from all encumbrances: Provided that where the[1] [Special Court or the Adjudicating Authority, as the case may be,] after giving an opportunity of being heard to any other person interested in the property attached under this Chapter, or seized[2] [or frozen] under Chapter V, is of the opinion that any encumbrance on the property or lease-hold interest has been created with a view to defeat the provisions of this Chapter, it may, by order, declare such encumbrance or lease-hold interest to be void and thereupon the aforesaid property shall vest in the Central Government free from such encumbrances or lease-hold interest: Provided further that nothing in this section shall operate to discharge any person from any liability in respect of such encumbrances which may be enforced against such person by a suit for damages.

Source: India Code

How this section changed

  1. substituted by Act 2 of 2013, s. 7

    In force from 15 Feb 2013

    Earlier wording: “sub-section (6) of section 8”

    Footnote: 10. Subs. by Act 2 of 2013, s. 7, for "sub-section (6) of section 8" (w.e.f. 15-2-2013).

  2. inserted by Act 13 of 2018, s. 208

    In force from 19 Apr 2018

    Footnote: 1. Ins. by Act 13 of 2018, s. 208 (w.e.f. 19-4-2018).

  3. substituted by Act 7 of 2019, s. 22

    In force from 20 Mar 2019

    Earlier wording: “ninety days”

    Footnote: 2. Subs. by Act 7 of 2019, s. 22, for "ninety days" (w.e.f. 20-3-2019).