Definition
PMLA Appellate body.
Tribunal hearing appeals under PMLA.
Statutory Definition
PMLA 2002.
Etymology & Origin
A statutory body created to hear appeals (appellate) against decisions of lower authorities in specific specialized fields of law.
Full Legal Analysis
An Appellate Tribunal is a higher quasi-judicial body designed to hear appeals against the orders of primary adjudicators. Under the Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA), the Appellate Tribunal hears appeals against the confirmation of attachment orders by the Adjudicating Authority.
Previously known as the ATPMLA, the appellate functions under PMLA, FEMA, SAFEMA, and the NDPS Act were merged, and the jurisdiction is now exercised by a consolidated tribunal, often overlapping with the Appellate Tribunal for SAFEMA.
If an individual loses before the Adjudicating Authority and their property attachment is confirmed, they have 45 days to file an appeal before this Tribunal. The Tribunal has the power to stay the attachment, modify it, or set it aside entirely.
While the Tribunal cannot acquit a person of the criminal charge of money laundering (which is the domain of the Special Court), it has full powers to adjudicate on the civil aspect of property attachment.
Advocates must note that an appeal from the Appellate Tribunal lies directly to the High Court under Section 42 of the PMLA, but only on questions of law.
This Term in Indian Statutes
Prevention of Money Laundering Act, 2002, 2002
"Appeal to Appellate Tribunal against order of Adjudicating Authority."
Establishes the statutory right of appeal for property owners whose assets are frozen.
