The Competition Commission of India Some

Sec Reg additional Page

no no Particulars note No
Date of constitution of Act, submission of report, etc 2.2
Objectisbehind
What enactment
competiton of the &
(Definition Actsome
(4 objects)
other general points for 2.2
expl) 2.3
Competition Policy & Law (The Competition Policy is
regarded as genus, of which, the Competition Law is
specie. Competition Law provides necessary powers to the
Competition Commission to enforce and implement the
Competition Policy) 2.3
Main Ingredients of Competition Law
(Prohibition of certain agreements, which are considered to be
anti-competitive in nature; Prohibition of Abuse of dominant
position; Regulation of combinations) 2.4
Various Definitions (Difference between definition of
'Consumer' under Consumer Protection Act and Competition
Act; excl from definitions of enterprise; 2.4 to
2 Definition of Venture Capital Fund & FII on page 2.20) 2.12
3 AntiRigging
Bid competitive agreements
(Agreement among bidders not to bid amongst 2.13
3 themselves)
Types of agreements effecting competition adversely (tie-in, 2.13
excl supply, excl distribution, refusal to deal & resale price
3 management)
Restriction of rights of some Act (i.e. non applicability of this 2.14
Act on certain rights received under Patents Act, Copyrights
3 Act, Design Act, etc) 2.14
3 Prohibition of export of rights 2.14
4 Abuse of dominant
Combination position
(Acquiring control over an enterprise; merger; 2.15
amalgamation or acquiring control shares, voting rights or
5 assets) 2.15
2.17 &
Explanation of term 'Control', 'Group" & 'Value of assets' 2.18
Exemption to banking companies for 5 years from date of
notification
Other which (3
exemptions hascases,
now out
ended
of which one includes satisfying 2.18
the conditions of Sec 5 but not exceeding the assets being
acquired of Rs.350 cr & t/o of Rs. 1,000 cr) 2.18
Value of assets in case where portion of an enterprise or division
or business is acquired 2.18
Regulation of Combination
i) Time limit for notice of proposed combination within 30 days
approval of the proposal relating to merger or amalgamation or
execution of any agreement
ii) Time limit for passing of order (210 days or date of passing
order whichever is earlier)
iii) Not to share subscription or financing facility or any
acquisition, by a public financial institution, foreign institutional
investor, bank or venture capital fund, pursuant to any covenant
of a loan agreement or investment agreement. (Time limit for
6 filing details of acquisition with commission is 7 days) 2.19
COMPETITION COMMISSION OF INDIA (PROCEDURE IN
REGARD TO THE TRANSACTION OF BUSINESS
RELATING TO COMBINATIONS) AMENDMENT
REGULATIONS, 2018 2.20
Form of notice for the proposed combination (capping on
market share of 15% & 25%; giving notice in Form I & II; excl
of time taken in filing such additional info; meaning of the term
BOD in case of varrious organisations; meaning of term 'Other 2.21 &
5 Filing
Document')
of details of acquisition under sub-section (5) of section 6 2.22
6 of the Act 2.23
7 Belated notice 2.23
Failure to file notice (within 30 days of receipt of
8 Obligation
communication
to filefrom the Commission)
the notice (sign on the notice; info required to 2.23
the enterprise being acquired shall be filed with the Commission
within fifteen days from filing of the notice;In case of a merger
or an amalgamation, parties to the combination shall jointly file
the notice; single notice covering all small transactions leading
to combination; requirement of filing notice shall be
determined with respect to the substance of the transaction and
9 any structure of the transaction) 2.24
 Procedure for filing notice (number of copies; description in
13 500/2000 words) 2.25
14 Scrutiny of notice 2.26
15 Computation of time limit 2.26
16 Intimation of any change 2.27
16A Withdrawal and refiling of notice 2.27
17 Termination of proceedings 2.27
18 Mode of service of notice(s), etc 2.28
19 Prima facie opinion on the combination 2.28
20 Calling for a report from the Director General 2.28
21 Publication
Report by the
of Director General
the details of the combination (Details of 2.29
22 publication in newspapers) 2.29
23 Proof of publication 2.29
24 Appearance of the parties before the Commission 2.29
25 Modification to the proposed combination 2.30
26 Compliance by the parties for carrying out modification 2.30
27 Appointment of independent agencies to oversee modification 2.31
28 Order of the commission 2.31
30 Request for confidentialtiy 2.32
32 Overriding effect 2.32
7 Establishment of commission 2.32
8 Composition of Commission 2.33
Selection Committee for Chairperson and other
9 Members of the commission 2.33
10 Term of office
Resignation, of Chairperson
removal and other
and suspension Members and other
of Chairperson 2.33
11 members
Restriction on employment of Chairperson and other Members 2.34
12 in certain cases 2.35
13 Administrative powers of Chairperson 2.35
Salary and allowances and other terms and conditions of
14 service of Chairperson and other Members 2.36
15 Vacancy, etc. not to invalidate proceedings of Commission 2.36
16 Appointment of Director General, etc. 2.36
17 Secretary and officers and other employees of Commission 2.36
18 Duties ofinto
Inquiry commission
certain agreements and dominant position of 2.37
19 enterprise 2.37

Powers and Functions of the Commission

i) Appreciable Adverse effect
ii) Dominant position of enterprise
iii) Relevant Market
iv) Relevant Geographic Market
19 v) Relevant Product Market 2.38
20 Inquiry determining
Factors into combination by Commission
whether a combination would have the 2.39
effect of or is likely to have an appreciable adverse effect on
competition in the relevant market 2.40
21 Reference by statutory authority 2.41
21A Reference by Commission 2.41
22 Meetings of commission 2.42
26 Procedure for inquiry under Section 19 2.42
Orders by Commission after inquiry into agreements or abuse of
dominant position (Penalties on enterprises who are parties to
such arrangements; Also penalties on CARTEL have been
27 mentioned herein under) 2.43
28 Division of enterprise enjoying dominant position 2.44

Procedure for investigation of combination

i) Notice to parties
ii) Directions to parties to publish details
iii) Invitation to affected party
29 iv) Additional information 2.45
29 Procedure in case of notice under sub-section 2 of section 6 2.46
 Orders of Commission on certain combinations
i) Approval of combination
ii) Direction
iii) Modification
iv) Amendment to modification
v) Consequence of non-acceptance of the modification
vi) Deemed approval by Commission (Manner of
determination of 210 days time frame)
vii) Consequence of a combination declared void by
31 Commission
Acts taking place outside India but having an effect on 2.46
32 competition in India 2.48
33 Power to issue interim orders 2.48
35 Appearance before Commission 2.48
36 Power of Commission to regulate its own procedure 2.48
38 Rectification of orders 2.49
Execution of orders of Commission imposing monetary penalty
39 (circumstances in case of failure to pay penalty) 2.49
41 Director General to investigate contravention 2.50
42 Contravention of
Compensation inorders of Commission
case of contravention(fines)
of orders of 2.51
42A Commission
Penalty for failure to comply with directions of Commission and 2.51
43 Director
Power toGeneral
impose penalty for non-furnishing of information on 2.52
43A combinations
Penalty for making false statement or omission to furnish 2.52
44 material information 2.52
45 Penalty for offences in relation to furnishing of information 2.52
46 Power to impose
Crediting lesser penalty
sums realised by way of penalties to Consolidated 2.52
47 Fund of India 2.53
48 Contravention by companies 2.53
Competition advocacy (Opinion on formulating policy on
49 competition by Commission to CG) 2.54
50 Grants by Central Government 2.54
51 Constitution
Accounts andofAudit
Fund(Audited
(called asby'Competition Fund')
C&AG; orders of the 2.54
Commission, being matters appealable to the Appellate Tribunal
52 or Supreme Court) 2.55
53 Furnishing of returns, etc., to Central Government 2.56
53A Appellate Tribunal 2.56
53B Appeal to Appellate Tribunal 2.56
53N Awarding compensation by AT 2.57
53O Procedures and powers of Appellate Tribunal 2.58
53P Execution of orders of Appellate Tribunal 2.59
53Q Contravention of orders of Appellate Tribunal 2.59
53S Right to legal representation 2.59
53T Appeal to Supreme Court 2.60
53U Power to Punish for contempt 2.60
COMPETITION APPELLATE TRIBUNAL
(PROCEDURE) REGULATIONS, 2011
3 Language of Tribunal 2.60
4 Sittings of Tribunal 2.60
6 Functions of Registrar 2.61
7 Registration of appeal or application 2.61
8 Pleadings before Tribunal 2.61
9 Service of notice or other documents 2.62
10 Adjournment of hearings 2.62
11 Ex parte hearings 2.62
12 Custody of records 2.62
13 Inspection and certified copies of documents and other papers 2.62
14 Order of judgment of Tribunal 2.62
15 Rectification of errors 2.63
16 Interpretation 2.63
54 Power to Exempt 2.63
55 Power of Central Government to issue directions 2.63
56 Power of Central Government to supersede Commission 2.64
57 Restriction on disclosure of information 2.65
Chairperson, Members, Director General, Registrar, officers and
58 other employees, etc. of Commission to be public servants 2.65
59 Protection of action taken in good faith 2.65
60 Act to have overriding effect 2.65
61 Exclusion of jurisdiction of civil courts 2.65
62 Application of other laws not barred 2.66
63 Power to make rules by CG 2.66
64 Power to make regulations 2.67
65 Power to remove difficulties 2.68
66 Repeal & Savings (Removal of MRTP Act) 2.68
 RERA, 2016 Some
Sec Regl additional Page
no no Particulars note No
Introduction 3.2
Real Estate Act – Important Dates and Timelines 3.2
RERA at a Glance 3.3
The prominent features of the ACT 3.3
Continuation of features 3.4
Scope of of
Benefits RERA
RERA for Allottees (quarterly reporting on the 3.10
website of the authority) 3.11
Definitions 3.12 to
2 Prior registration of real estate project with Real Estate 3.20
3 Regulatory Authority 3.21
Application for registration of real estate projects (Docs to be
4 submitted by the promoter) 3.22
5 Grant of registration 3.24
6 Extension of registration (Explanation of force majeure) 3.25
7 Revocationof
Obligation ofauthority
Registration
consequent upon lapse of or on 3.25
8 revocation of registration 3.27
9 Registration of real estate agents 3.27
10 Functions of real
Functions and estate
Duties ofagents
Promoter (Formation of society within 3.28
11 a period of 3ofmonths)
Obligations Promoter regarding veracity of the advertisement 3.29
12 or prospectus 3.31
No deposit or advance to be taken by promoter without first
13 entering into
Adherence toagreement
sanctionedfor saleand project specifications by the
plans 3.32
promoter (Minor changes allowed if requested by allottee and
14 the definitionofofpromoter
Obligations minor changes)
in case of transfer of a real estate 3.32
15 project to a third
Obligations party regarding insurance of real estate
of promoter 3.33
16 project
Transfer of title (Handover documents within 30 days of 3.34
17 obtaining
Return ofOC)
amount and compensation (in case he fails to give 3.35
18 possession,
RIGHTS AND etc)DUTIES OF ALLOTTEES (Allottee shall take 3.35
physical possession within a period of 2 months from the date of
19 issuance of OC) 3.36
Establishment and incorporation of Real Estate Regulatory
20 Authority (Body corporate, perpetual succession) 3.37
Composition of the Authority (Experience of 20 years for a
21 chairperson & 15 years in case of members) 3.38
22 Qualifications of Chairperson and Members of Authority 3.38
Term of office of Chairperson and Members (5 years or 65 years
23 of age whichever is EARLIER) 3.39
Salary and allowances payable to Chairperson and Members
24 (Vacancy to be filled within 3 months) 3.39
25 Administrative
Removal powers ofand
of Chairperson Chairperson
Members from office in certain 3.39
26 circumstances
Restrictions on Chairperson or Members on employment after 3.39
27 cessation of office 3.35
28 Officers and other employees of Authority 3.36
29 Meetings of Authority 3.36
30 Vacancies, etc., not to invalidate proceeding of Authority 3.37
31 Filing of complaints with the Authority or adjudication officer 3.37
32 Functions of Authority for promotion of real estate sector 3.37
33 Advocacy and awareness measures 3.38
34 Functions
Powers of of Authority
Authority to call for information, conduct 3.38
35 investigations 3.39
36 Power to issue interim orders 3.39
37 Powers of Authority to Issue directions 3.39
38 Powers of Authority 3.40
39 Rectification
Recovery of orders
of Interest or penalty or compensation and 3.40
40 enforcement of order, etc. 3.40
41 Establishment of Central Advisory Council 3.41
42 Functions of Central Advisory Council 3.41
43 Establishment
Application forofsettlement
Real Estate
of Appellate Tribunal
disputes and appeals to Appellate 3.42
44 Tribunal 3.42
45 Composition of Appellate Tribunal 3.43
46 Qualifications for appointment of Chairperson and Members 3.43
47 Term of office of Chairperson and Members 3.44
48 Salary andofallowances
Removal Chairperson payable to Chairperson
and Member andin
from office Members
certain 3.44
49 circumstances
Restrictions on Chairperson or Judicial Member or Technical 3.45
or Administrative Member on employment after cessation of
50 office 3.46
51 Officers and other employees of Appellate Tribunal 3.46
52 Vacancies 3.47
53 Powers of Tribunal 3.47
54 Administrative
Vacancies, etc.,powers of Chairperson
not to invalidate of Appellate
proceeding Tribunal
of Appellate 3.47
55 Tribunal 3.48
56 RIGHTpassed
Orders TO LEGAL REPRESENTATION
by Appellate Tribunal to be executable as a 3.48
57 decree 3.48
58 Appeal to High Court 3.49
59 Punishment for non-registration under section 3 3.49
60 Penalty for Contravention of section 4 3.49
61 Penalty for
Penalty for non-registration
contravention of and
other provisions ofunder
contravention this Act
sections 9 3.49
62 and 10
Penalty for failure to comply with orders of Authority by 3.50
63 promoter
Penalty for failure to comply with orders of Appellate Tribunal 3.50
64 by promoter
Penalty for failure to comply with orders of Authority by real 3.50
65 estate
Penaltyagent
for failure to comply with orders of Appellate Tribunal 3.50
66 by real estate
Penalty agentto comply with orders of Authority by
for failure 3.50
67 allottee
Penalty for failure to comply with orders of Appellate Tribunal 3.51
68 by allottee 3.51
69 Offences by Companies 3.51
70 Compounding of Offences 3.51
71 Power to adjudicate 3.52
72 Factors to be taken into account by the adjudicating officer 3.52
73 Grants and loans by Central Government 3.53
74 Grants and loans by State Government 3.53
75 Constitution of Fund 3.53
Crediting sums realised by way of penalties to Consolidated
76 Fund of India or State account 3.54
77 Budget, accounts and audit 3.54
78 Annual report 3.54
79 Bar of jurisdiction 3.55
80 Cognizance of offences 3.55
81 Delegation 3.55
82 Power of appropriate Government to supersede Authority 3.55
Power of appropriate Government to issue directions to
83 Authority and obtain reports and returns 3.56
84 Powers of appropriate Government to make rules 3.57
85 Power to make regulations 3.58
86 Laying of rules 3.59
87 Members, etc., to be public servants 3.60
88 Application of other laws not barred 3.60
89 Act to have overriding effect 3.60
90 Protection of action taken in good faith 3.60
91 Power to remove difficulties 3.60
92 Repeal 3.60
 Page
Sec noRegl nParticulars No
Introduction 4.2
Concept of Insolvency and Bankruptcy 4.2
Relationship between Bankruptcy, Insolvency & Liquidation 4.3
Meaning of liquidation 4.4
Need for the law 4.4
Failure of the existing laws to tackle issues like Financial,
Business & Malfeasance & mismanagement by promoters 4.5
Objectives:
i) Improved handling of conflicts between creditors and the
debtor
ii) Avoid destruction of value
iii) Drawing the line between malfeasance and business failure
iv) Clearly allocate losses in macroeconomic downturns 4.5
Benefits expected from the new law 4.6
Structure of the code 4.6
Establishement of IBBI 4.7
Foundation of
Insolvency of corporate
the code persons (Some major points, timelines, 4.7
etc) 4.7
Flow of insolvency process 4.8
Provisions of this Code to override other laws 4.9
Extent and Commencement of the Code 4.9
Applicability
Exemption to of the Code
financial service providers from the applicability 4.9
of the Code 4.10
Features of the Insolvency and Bankruptcy Code 4.10
Key Objectives of the Code 4.11
Regulatory Mechanism of IBC, 2016 (5 PILLARS) 4.11
Insolvency and Bankruptcy Board of India & its composition 4.12
Insolvency Professional Agencies & Principles governing
registration of Insolvency Professional Agency 4.12
Functions of Insolvency professional agencies (IPA) 4.13
Insolvency Professionals 4.14
Information Utilities & Obligations of Information Utility 4.14
Adjudicating Authority 4.15
4.16 to
3 & 5 3 & 5 CORPORATE
Definations INSOLVENCY RESOLUTION PROCESS & 4.22
4 4 its Process Flow
i) Application to National Company Law Tribunal (who can 4.22
initiate, intimation of corporate insolvency by financial &
operational creditor, its steps and details) 4.24
Initiation of corporate insolvency resolution process by
corporate applicant (steps and details) 4.27
Persons not entitled to initiate insolvency process 4.28
ii) Adjudication: Admission or Rejection of Application
Time-limit for completion of insolvency resolution process &
Process flow for insolvency resolution process 4.28
iii) Declaration of moratorium and public announcement 4.29
Moratorium 4.30
When Moratorium period shall cease to have effect 4.30
Public
iv) Announcement
Appointment, Term by
andIRP
Powers of Interim Resolution 4.31
16 16 Professional 4.31
17 17 v)
Powers of IRPProfessional (RP) (Appointment and roles and
Resolution 4.32
duties)
Eligibility of an insolvency Professional to be appointed as a 4.33
Resolution Professional 4.34
Fees of Resolution Professional 4.34
Replacement of Resolution Professional 4.34
Preparation of information memorandum 4.35
vi) Committee of creditors 4.35
Composition of CoC 4.36
Voting in the Meeting 4.36
First Meeting of Creditors 4.37
Notice of the Meeting 4.37
Quorum for the Meeting 4.37
Approval of committee of creditors for certain actions 4.38
vii) Resolution Plan 4.39
Formulation of Resolution Plan 4.39
Submission of Resolution Plan 4.39
Appeal against Approval of Resolution Plan 4.40
Consequences of non-submission of a Resolution Plan 4.41
LIQUIDATION PROCESS 4.41
i) Initiation of liquidation 4.41
ii) Appointment
iii) of liquidator
Powers & duties of liquidator (Powers of liquidator to 4.43
access
iv) info) estate (Assets to be included and excluded from
Liqudation 4.44
the estate) 4.46
v) Consolidation of claims 4.48
vi) Preferential transactions 4.48
Orders in case of preferential transactions 4.50
Avoidance of undervalued transactions 4.50
Relevant period for avoidable transactions 4.51
Transactions defrauding creditors 4.51
Extortionate credit transactions 4.51
vii) Secured creditor in liquidation proceedings 4.52
viii) Distribution of assets (includes fees of liquidator) 4.52
ix) Dissolution of corporate debtor 4.55
FAST TRACK INSOLVENCY RESOLUTION FOR
CORPORATE PERSONS 4.56
Time period for completion 4.56
VOLUNTARY LIQUIDATION
ADJUDICATING AUTHORITY OF CORPORATE PERSONS
FOR CORPORATE 4.57
PERSONS 4.59
i) Adjudicating Authority for corporate persons 4.59
Period of moratorium excluded for purpose of limitation 4.60
ii) Appeals and Appellate Authority 4.60
iii) Appeal to Supreme Court on a question of law 4.60
iv) Expeditious disposal of applications 4.61
v) Fraudulent or malicious initiation of proceedings 4.61
vi) Fraudulent trading or wrongful trading 4.61
 4.62 to
Offences and penalties 4.69
INSOLVENCY RESOLUTION AND BANKRUPTCY FOR
INDIVIDUALS AND PARTNERSHIP FIRMS 4.68
i) IBBI 4.68
Establishment and incorporation of Board 4.68
Constitution of Board 4.69
Removal of member from office 4.70
Meetings of Board 4.70
Member not to participate in meetings in certain cases 4.70
Vacancies, etc., not to invalidate proceedings of Board, Officers
and employees of Board 4.71
Powers and Functions of the Board 4.71
Powers continue
Constitution of advisory committee, executive committee or
other committee 4.74
ii) Insolvency Professional Agencies 4.74
No person to function as insolvency professional agency without
valid certificate of registration. 4.74
Manner of registration of insolvency professional agency 4.74
Appeal to National Company Law Appellate Tribunal 4.75
Governing Board of insolvency professional agency 4.75
Functions of insolvency professional agencies. 4.75
iii) Insolvency Professionals 4.76
Registration of insolvency professionals 4.77
Eligibility 4.77
Functions and obligations of insolvency professionals (IP) 4.78
iv) Information Utilities 4.78
Manner and eligibility of registration 4.78
Appeal to National Company Law Appellate Tribunal 4.80
Governing Board of information utility 4.80
Composition of the Governing Board 4.80
Obligations of information utility 4.81
Procedure
Rights andfor submission,
obligations etc., of submitting
of persons financial information
financial 4.81
information 4.81
v) Inspection and investigation 4.82
Complaints against insolvency professional agency or its
member or information
Investigation utility.
of insolvency professional agency or its member 4.82
or information utility 4.82
Show cause notice to insolvency professional agency or its
member or information utility 4.82
Disposal of Show-cause notice 4.82
Appointment of disciplinary committee 4.84
vi) Finance, Accounts and Audit 4.85
Grants by Central Government 4.85
Board's Fund 4.85
Accounts and audit 4.85
Audit of Accounts by the CAG 4.85
Right and privileges
Presentation of certified copy of the accounts and audit report to 4.86
CG 4.86
MISCELLANOUS 4.86
i) Power of Central Government to issue directions 4.86
ii) Power of Central Government to supersede Board 4.86
Upon the publication of a notification 4.86
On the expiration of the period of supersession 4.87
iii) Delegation 4.87
iv)Members,
v) Bar of Jurisdiction
officers and employees of Board to the public 4.87
servants 4.87
vi) Protection of action taken in good faith 4.87
vii) Enabling provisions for cross border transactions 4.87
Agreements with Foreign Countries 4.87
Letter of request to a country outside India in respect of assets 4.88
viii) Trial of offences by Special Court 4.88
ix) Appeal & Revision 4.88
x) Provisions of this Code to override other laws 4.88
xi) Power to make rules 4.88
xii) Power to make regulations 4.88
 Page
Sec noSec noParticulars No
Purpose of Legislation 5.2
Dates of bill and Act 5.3
How Hawala works 5.4
3 & 4 3 & 4 Punishment for money laundering 5.8
5 5 Attachment of property involved in ML 5.9
Adjudicating Authorities
i) Appointment of AA
ii) Composition of AA (2 members & 1 chairperson) 5.10
iii) Eligibility of qualification to be a member of AA
iv) Appointment of Chairperson of the AO
v) Jurisdiction (Exercised by benches and some details about the
benches)
vi) Transfer of Member
6 6 vii) Transfer of Case/matter/ hearing
viii) Term of office
ix) Payment of salary and allowances 5.11
x) Filling of vacancies
xi) Resign from office
xii) Removal
xiii) Occurrence of Vacancy
xiv) Discharge of function in absence of chairperson of AO
xv) Powers of AO (Adjudicating Authority) to regulate its own
procedure
Staff of Adjudicating Authorities (Appointed by CG, their 5.12
7 7 salaries and allowance)
Adjudication 5.12
i) Serving of Notice by AO (Not less than 30 days; in case of
Joint Owners given to all the persons holding such property;
also given to a person holding property on behalf of any other
person)
ii) Passing order in relation to the notice issued under sub
section (i) as given above
iii) Confirmation of execution of passed order 5.13
iv) In case of provisional order (Confirmation of provisional
8 8 order and further procedure)
v) Property involved be confiscated to CG
vi) Order of release
vii) Passing of an appropriate order in case where trial cannot be
concluded
viii) Direction to CG by Special Courts (Restoration of
confiscated property of a claimant with legitimate interest in
such property who may have suffered loss due to money
laundering) 5.14
property shall vest absolutely in CG free from all encumbrances;
if AA or Special courts believe that the encumbrances have been
9 9 created with a view to defeat the provisions of the Act it shall
declare a order stating the encumbrances or lease-hold interest 5.15
as void)
Management of properties confiscated (Done by administrator
10 10 appointed by the CG)
Powers regarding summons, production of docs and evidence,
11 11 etc
Obligation of banking companies, financial institutions and
intermediaries
i) Maintenance of records
ii) Confidentiality
iii & iv) Tenure of Maintenance of records 5.16 &
12 12 v) Exemption by the CG 5.17
12A 12A Access to Information 5.17

Power of director to impose fine

i) Inquiry from director
ii) Audit of records on direction of director
iii) Bearing of expenses (To be borne by CG) 5.18 &
13 13 v)
iv)Forwarding
Failure in compliance
of copy of with
orderthe
(Toobligations
be forwarded by director to 5.19
every banking co, financial instit or intermediary or person who
13 13 is
Noa civil
partyortocriminal
the proceedings)
proceedings against reporting entity, its 5.19
directors and employees in certain cases (immunity for
14 14 furnishing info) 5.19
 Procedure and manner of furnishing information by reporting
15 15 entities 5.19
Power of survey
i) Power of authority to make survey (afford him facility to
inspect such records, check or verify the proceeds of crime or
any transaction or furnish him info as he may require as to any
matter which may be useful)
ii) Copy of recorded reasons of survey to be forwarded to AO
iii) Course of action by concerned authority )(place
identification marks, make an inventory or record any statement
16 16 of any person) 5.20
Search and seizure
i) Power to director or any other officer for search and seizure
17 17 (Exceptions to such powers) 5.21
ii) Order to freeze property by an authorized officer (Even
covers where freeze of such property is not practicable)
iii) Authorisation for search and seizure of evidence
iv) Filing of application for retention of record, etc (30 days
time for requesting retention or continuation of order of
17 17 freezing) 5.22
Search of persons
18 18 i) Authorization for search of persons 5.22
ii) Forward copy of records of search & seizure to AA
iii) Presentation of persons within 24 hours (Such period of 24
hours will exclude the time required for journey)
iv) Period of detention of person
v) Discharge of person in absence of reasonable ground for
18 18 search 5.23
vi) Witness to attend the search
vii) Preparation of list of record/ property seized
viii) No female shall be searched by anyone except a female
ix) Reading of statement
x) Filing of an application for retention of record (within 30
18 18 days from such seizure) 5.24
Power to arrest
i) Arrest of person
ii) Forwarding copy of the order to AA
iii) Presenting of arrested person before Competent Authority
19 19 within 24 hours 5.24
Retention of property
20 20 i) Time period of retention of period 5.24

ii) Forwarding of copy of order to AA

iii) Return of property (180 days)
iv) Retention of property beyond the period
v) Release of property
20 20 vi) Withholding of released property 5.25
Retention of records
21 21 i) Time period for Retention of records (180 days) 5.25

ii) Person may obtain copies of records

iii) Return of records
iv) Retention of Records beyond the period
v) Release of records
vi) Withhold release of records (withhold the release of any such
21 21 record for a period of 90 days) 5.26
Presumption as to records or property in certain cases 5.26 &
22 22 (Presumption as to the records, the contents, signature, etc) 5.27
23 23 Presumption in inter-connected transactions 5.27
24 24 Burden of proof 5.27
48 48 Classes of authorities for the purposes of this Act 5.28
25 25 Establishement of Appellate Tribunal 5.28
Appeals to Appellate Tribunal
26 26 i) Appeal by Director or any other person (within 45 days) 5.28

ii) Appeal by reporting entity (within 45 days)

iii) Condonation of delay
iv) Passing of Order
v) Copy of Order
26 26 vi) Time frame for disposing off appeal (within 6 months) 5.29
 Procedures & Powers of the Appellate Tribunal (AT shall
not be bound by edure laid down by Code of Civil Procedure,
1908 & shall be guided by principles of natural justice; same
35 35 powers as vested in a Civil Court) 5.29
(; transmit any order made by it to a civil court having local
35 35 jurisdiction; all proceeding deemed to be Judicial Proceedings) 5.30
36 36 Distribution of business amongst Benches 5.30
37 37 Power of Chairman to transfer cases 5.30
38 38 Decision to be by majority 5.30
Right of appellant to take assistance of authorised representative
39 39 and of Government to appoint presenting officers 5.31
Members, etc., to be public servants (Directors and officers
40 40 subordinate to him shall be deemed to be public servants) 5.31
41 41 Civil court not to have jurisdiction 5.31
42 42 Appeal to High Court (60+60= 120 days) 5.31
Empowers the Central Government in consultation with the
Chief Justice of the High Court for trial of offence of
43 43 money laundering 5.32
44 44 Offences triable by Special Courts 5.32
Offences to be cognizable and non-bailable (no person accused
of an offence punishable for a term of imprisonment of more
than three years under Part A of the Schedule shall be released
on bail or on his own bond unless the specific conditions
45 45 mentioned here under) 5.33
Application of Code of Criminal Procedure, 1973 to proceedings
before Special Court (Special court shall be deemed to be a
court of session & person conducting the prosecution before the
special court shall be deemed to be Public Prosecutors;
46 46 qualification of public prosecutor) 5.34
47 47 Appeal and revision 5.34
56 56 Agreements with foreign countries 5.35
57 57 Letter of request to a contracting State in certain cases 5.36
58 58 Assistance to a contracting State in certain cases 5.37
58A 58A Special Court to release the property 5.37
Letter of request of a contracting State or authority for
58B 58B confiscation or release the property 5.38
Reciprocal arrangements for processes and assistance for
transfer of accused persons
i) Sent by Special Court served in any contracting state
59 59 ii) Received by
Attachment, special
seizure andcourt request from
confiscation, etc., Contracting State
of property in a 5.39
60 60 contracting State or India 5.40
61 61 Procedure in respect of letter of request 5.41
Punishment for vexatious search (vexatious means causing or
62 62 Punishment
tending to cause annoyance,
for false frustration,
information or worry)
or failure to give information, 5.41
63 63 etc 5.41
64 64 Cognizance of offences 5.42
65 65 Code of Criminal Procedure, 1973 to apply 5.42
66 66 Disclosure of Information 5.43
67 67 Bar of suits in civil courts 5.43
68 68 Notice, etc., not to be invalid on certain grounds 5.43
69 69 Recovery of fine or penalty 5.43
70 70 Offences by companies 5.44
71 71 Act to have overriding effect 5.44
72 72 Continuation of proceedings in the event of death or insolvency 5.44
73 73 Power to make rules 5.45
74 74 Rules to be laid before Parliament 5.47
75 75 Paragraph
Power to remove difficulties
1: OFFENCES UNDER THE INDIAN PENAL 5.47
CODE 5.48
PARAGRAPH 2: OFFENCES UNDER THE NARCOTIC
DRUGS AND PSYCHOTROPIC 5.49
PARAGRAPH 3: OFFENCES UNDER THE EXPLOSIVE
SUBSTANCES ACT, 1908 5.50
PARAGRAPH 4: OFFENCES UNDER THE UNLAWFUL
ACTIVITIES (PREVENTION) ACT, 1967 5.50
 PARAGRAPH 5: OFFENCES UNDER THE ARMS ACT,
1959 5.51
PARAGRAPH 6: OFFENCES UNDER THE WILD LIFE
(PROTECTION) ACT, 1972 5.52
PARAGRAPH 7: OFFENCES UNDER THE IMMORAL
TRAFFIC (PREVENTION) ACT,
1956 5.53
PARAGRAPH 8: OFFENCES UNDER THE PREVENTION
OF CORRUPTION
PARAGRAPH ACT, 1988UNDER THE EXPLOSIVES
9: OFFENCES 5.53
ACT, 1884 5.53
PARAGRAPH 10: OFFENCES UNDER THE ANTIQUITIES
AND ARTS TREASURES ACT, 1972 5.53
PARAGRAPH 11: OFFENCES UNDER THE SECURITIES
AND EXCHANGE
PARAGRAPH BOARD OFUNDER
12: OFFENCES INDIA ACT, 1992
THE CUSTOMS 5.54
ACT, 1962 5.54
PARAGRAPH 13: OFFENCES UNDER THE BONDED
LABOUR SYSTEM
PARAGRAPH (ABOLITION)
14: OFFENCES ACT, 1976
UNDER THE CHILD 5.54
LABOUR (PROHIBITION AND REGULATION) ACT,
Part A Part A 1986 5.54
PARAGRAPH 15: OFFENCES UNDER THE
TRANSPLANTATION
PARAGRAPH OF HUMAN
16: OFFENCES ORGANS
UNDER THEACT, 1994
JUVENILE 5.54
JUSTICE (CARE AND PROTECTION OF CHILDREN)
ACT, 2000
PARAGRAPH 17: OFFENCES UNDER THE EMIGRATION 5.55
ACT, 1983
PARAGRAPH 18: OFFENCES UNDER THE PASSPORTS 5.55
ACT, 1967
PARAGRAPH 19: OFFENCES UNDER THE FOREIGNERS 5.55
ACT, 1946
PARAGRAPH 20: OFFENCES UNDER THE COPYRIGHT 5.55
ACT, 1957
PARAGRAPH 21: OFFENCES UNDER THE TRADE 5.55
MARKS ACT, 1999 5.56
PARAGRAPH 22: OFFENCES UNDER THE
INFORMATION TECHNOLOGY ACT, 2000 5.56
PARAGRAPH 23: OFFENCES UNDER THE BIOLOGICAL
DIVERSITY ACT,
PARAGRAPH 2002
24: OFFENCES UNDER THE PROTECTION 5.56
OF PLANT VARIETIES AND FARMERS' RIGHTS ACT,
2001 5.56
PARAGRAPH 25: OFFENCES UNDER THE
ENVIRONMENT
PARAGRAPH 26:PROTECTION ACT, 1986
OFFENCES UNDER THE WATER 5.57
(PREVENTION AND CONTROL OF POLLUTION) ACT,
1974
PARAGRAPH 27: OFFENCES UNDER THE AIR 5.57
(PREVENTION AND CONTROL OF POLLUTION) ACT,
1981 5.57
PARAGRAPH 28: OFFENCES UNDER THE SUPPRESSION
OF UNLAWFUL ACTS AGAINST SAFETY OF MARITIME
NAVIGATION AND FIXED PLATFORMS ON
CONTINENTAL SHELF ACT, 2002 5.57
Part B Part B OFFENCE UNDER THE CUSTOMS ACT, 1962 5.58
Part C Part C Offence of cross border implications 5.58
 Page
Sec noSec noParticulars No
Broad Structure of FEMA 6.2
Salient provisions of FEMA 6.2
Preamble 6.3
1 1 Extent and Application 6.3
2 2 Definitions 6.3
6.7
2 2 Important Definitions 6.9
3 3 Dealing in foreign exchange, etc. 6.10
4 4 Holding of foreign exchange 6.11
5 5 CURRENT ACCOUNT TRANSACTIONS 6.11
SCHEDULE I 6.12
SCHEDULE II 6.12
SCHEDULE III 6.14
6 6 CAPITAL ACCOUNT TRANSACTIONS 6.16
i) Permissible Transactions 6.18
Schedule I 6.18
Schedule II 6.19
ii) Transactions with no restriction 6.19
iii) Prohibited
CAPITAL Transactions
TRANSACTIONS RELATED TO 6.19
IMMOVABLE PROPERTY 6.21
i) Acquisition and transfer of immovable property in India 6.21
Acquisition and Transfer of Property in India by an Indian
Citizen resident
Acquisition and outside
TransferIndia
of Property in India by a person of 6.21
Indian origin 6.21
Repatriation of sale proceeds 6.22
ii) Acquisition
Restriction and transferoroftransfer
on acquisition immovable property outside
of immovable India
property 6.23
outside India 6.23
Acquisition and Transfer of Immovable Property outside India 6.23
7 7 EXPORT OF GOODS AND SERVICES 6.24
i) Procedure 6.24
ii) Definitions 6.25
iii) Declaration of exports 6.25
iv) Exemptions 6.26
v) Indication of importer-exporter code number 6.27
vi) Authority to whom declaration is to be furnished and the
manner of dealing with the declaration 6.27
vii) Evidence in support of declaration 6.28
viii)Period
ix) Manner of payment
within of export
which export value
value of goods
of goods/software/ services 6.28
to be realised 6.28
x) Submission of export documents 6.29
xi) Transfer of documents 6.29
xii) Payment for the Export 6.30
xiii) Certain Exports requiring prior approval 6.30
xiv) Delay in Receipt of Payment 6.31
xv) Advance payment against exports 6.31
xvi) Issue of directions by Reserve Bank in certain cases 6.32
xvii) Project exportsAND REPATRIATION OF FOREIGN
REALISATION 6.32
8 8 EXCHANGE 6.33
Foreign Exchange Management (Realisation, repatriation and
surrender of foreign exchange) Regulations, 2000 6.33
i) Duty of persons to realise foreign exchange due 6.33
ii) Manner of Repatriation 6.33
iii) Period for surrender of realised foreign exchange 6.34
iv) Period for surrender in certain cases 6.34
v) Period for surrender of received/ realised/ unspent/
unused foreign exchange by Resident individuals 6.34
 vi) Exemption 6.34
9 9 Limits
Exemption from realisation
for possession and repatriation
and retention of foreignincurrency
certain cases
or 6.35
foreign coins 6.35
10 10 Authorised Person 6.36
11 11 Reserve Bank’s powers to issue directions to authorised person 6.37
12 12 Power of Reserve Bank to inspect authorised person 6.37
Contraventions and Penalties in brief 6.38
13 13 Penalties 6.38
14 14 Enforcement of the orders of Adjudicating Authority 6.39
14A 14A Power to recover arrears of penalty 6.41
15 15 Compounding Authority 6.42
ADJUDICATION AND APPEAL TIME LIMITS 6.42
16 16 Appointment of Adjudicating Authority 6.43
17 17 Appeal to Special Director (Appeals) 6.43
18 18 Appellate Tribunal 6.44
19 19 Right
Appealoftoappellant
Appellateto Tribunal
take assistance of legal practitioner or 6.44
chartered accountant and of Government, to appoint presenting
32 32 officers 6.45
34 34 Civil court not to have jurisdiction 6.45
35 35 Appeal to High Court 6.45
36 36 Directorate of Enforcement 6.46
37 37 Special
Power ofprovisions
search and seizureto assets held outside India in
relating 6.46
37A 37A contravention of section 4 6.46
38 38 Empowering other officers 6.47
39 39 Presumption as to documents in certain cases 6.48
40 40 Suspension of operation of this Act 6.48
41 41 Power of Central Government to give directions 6.49
42 42 Contravention by companies 6.49
43 43 Death or insolvency in certain cases 6.50
44 44 Bar Legal proceedings 6.50
49 49 Repeal and saving 6.50
 Page
Sec noSec noParticulars No
Meaning of Benami and its applicability (Some basic fine, etc) 7.2
Structure of the Act 7.3
2 2 Definitions 7.3
Benami Transaction explained in detail 7.4
Examples
Judicial of Benami transactions
pronouncements on tests for determination of a benami 7.7
transaction 7.8
4 case laws 7.9
Definition of Benamidar 7.10
Formula & meaning of Fair market value (FMV) in relation to a 7.11
property 7.12
Reference for definitons not covered under this Act 7.15
3 3 Prohibition of benami transactions 7.15
4 4 Prohibition of the right to recover property held benami 7.15
5 5 Property held Benami liable to confiscation 7.16
6 6 Prohibition on retransfer of property by benamidar 7.16
7 7 Adjudicating Authority 7.16
8 8 Composition of Authority 7.16
9 9 Qualifications for appointment of Chairperson and Members 7.16
10 10 Power
Constitution
of the of Benches of Authority
Adjudicating the Adjudicating Authority
to regulate its own 7.17
11 11 procedure
Term of Office of Chairperson and Members of Adjudicating 7.17
12 12 Authority 7.17
Terms and conditions of services of Chairperson and Members
13 13 Removal
of Adjudicating Authorityand Members of Adjudicating
of Chairperson 7.18
14 14 Authority 7.18
15 15 Vacancies,
Member to etc.,
act asnot
Chairperson in proceedings
to invalidate certain circumstances
of Adjudicating 7.18
16 16 Authority 7.19
17 17 Officers and employees of Adjudicating Authority 7.19
18 18 Authorities and jurisdiction 7.19
19 19 Powes of authorities 7.20
20 20 Certain officers to assist in inquiry, etc 7.21
21 21 Power to call for info 7.21
22 22 Power to impound documents 7.22
23 23 Notice
Power of
andauthority to conduct
attachment inquiry,
of property etc. in benami
involved 7.22
24 24 transaction 7.23
25 25 Manner of service of notice 7.23
26 26 Adjudication of benami property 7.24
27 27 Confiscation and vesting of benami property 7.26
28 28 Management of properties confiscated 7.27
29 29 Possession of the property 7.28
30 30 Establishment of Appellate Tribunal 7.29
31 31 Qualifications
Composition, etc., of Appellateof
for appointment Tribunal
Chairperson and Members of 7.29
32 32 Appellate Tribunal 7.29
Terms and conditions of services of Chairperson and
33 33 Members of Appellate Tribunal 7.30
34 34 Removal
Term of office of Chairperson
of Chairperson and Members
and Member from office in certain 7.30
35 35 Vacancies,
circumstances
etc., not to invalidate proceedings of Appellate 7.31
36 36 Tribunal 7.31
37 37 Resignation and removal 7.32
38 38 Member to act as Chairperson in certain circumstances 7.32
39 39 Staff of Appellate Tribunal 7.32
40 40 Procedure and powers of Appellate Tribunal 7.32
41 41 Distribution of business amongst Benches of Appellate Tribunal 7.33
42 42 Power of Chairperson of Appellate Tribunal to transfer cases 7.33
43 43 Decision to be by majority 7.33
44 44 Members, etc., to be public servants 7.34
45 45 Bar of jurisdiction of civil courts 7.34
46 46 Appeals to Appellate Tribunal 7.34
47 47 Rectification of mistakes 7.35
48 48 Right to representation 7.35
49 49 Appeal to High Court 7.36
50 50 Special Courts 7.37
Application of Code of Criminal Procedure, 1973 to proceedings
51 51 before Special Court 7.37
52 52 Appeal and revision 7.38
53 53 Penalty for benami transaction 7.38
54 54 Penalty for false information 7.39
55 55 Previous sanction 7.39
56 56 Repeal of provisions of certain Acts 7.39
57 57 Certain transfers to be null and void 7.39
58 58 Exemption 7.39
59 59 Power of Central Government to issue directions, etc. 7.39
60 60 Application of other laws not barred 7.40
61 61 Offences to be non-cognizable 7.40
62 62 Offences by companies 7.40
63 63 Notice, etc., not to be invalid on certain grounds 7.41
64 64 Protection of action taken in good faith 7.41
65 65 Transfer of pending cases 7.41
66 66 Proceedings, etc., against legal representative 7.41
67 67 Act to have overriding effect 7.42
68 68 Power to make rules 7.42
69 69 Laying of rules and notifications before Parliament 7.43
70 70 Power to remove difficulties 7.43
71 71 Transitional provision 7.43
72 72 Repeal and saving 7.44
 Chapter 2
Competition Act, 2002
Sec no Definition Page No
Various definitions 2.4 to 2.13
Foreign Institutional Investor 2.20
Venture Capital Fund 2.20

Chapter 3
The Real Estate (Regulation & Development) Act, 2016
Sec no Definition Page No
2 Alphabetically arranged definitions 3.8

Chapter 3
The Real Estate (Regulation & Development) Act, 2016
Sec no Definition Page No
3&5 Alphabetically arranged definitions 4.16 to 4.22

Chapter 5
Prevention of Money Laundering Act, 2002
Sec no Definition Page No

Clause (p) of sub

section (1) of
section 2 Money Laundering (But has its meaning assigned to it in Sec 3) 5.5
2(1)(u) Proceeds of crime 5.5
2(1)(v) Property 5.5
2(1)(rb) Payment system 5.5
2(1)(y) Scheduled offence 5.6
Not mentioned Transfer 5.6
Various Other important definations 5.6 to 5.8
Not mentioned Attachement 5.9
Not mentioned Adjudicating Authority 5.9
2(1)(b) Appellate Tribunal 5.28
Not mentioned Corresponding Law 5.34
Not mentioned Offence of cross border implications 5.34
55 Contracting State 5.35

Chapter 6
FEMA, 1999
Sec no Definition Page No
2 All definitions in alphabetical order 6.3
2 Important definitions 6.7

Chapter 7
Prohibition of Benami Property Transactions Act, 1988
Sec no Definition Page No
2 All definitions in alphabetical order 7.3 to 7.15