Prohibition of Benami Property Transactions Act, 1988

The Prohibition of Benami Property Transactions Act, 1988

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	198845
Act Number:	45
Enactment Date:	1988-09-05
Act Year:	1988
Short Title:	The Prohibition of Benami Property Transactions Act, 1988
Long Title:	An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.
Ministry:	Ministry of Finance
Department:	Department of Revenue
Enforcement Date:	19-05-1988
Notification:	Ss. 3,5 & 8 (05-09-1988)

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Show all section The Prohibition of Benami Property Transactions Act, 1988

CHAPTER I

PRELIMINARY

CHAPTER II

PROHIBITION OF BENAMI TRANSACTIONS

CHAPTER III

AUTHORITIES

CHAPTER IV

ATTACHMENT, ADJUDICATION AND CONFISCATION

CHAPTER V

APPELLATE TRIBUNAL

CHAPTER VI

SPECIAL COURTS

CHAPTER VII

OFFENCES AND PROSECUTION

CHAPTER VIII

MISCELLANEOUS


Section 1. Short title, extent and commencement.
Section 2. Definitions.
Section 3. Prohibition of benami transactions.
Section 4. Prohibition of the right to recover property held benami.
Section 5. Property held benami liable to confiscation.
Section 6. Prohibition on re-transfer of property by benamidar.
Section 7. Adjudicating Authority.
Section 8. Composition of Authority.
Section 9. Qualifications for appointment of Chairperson and Members.
Section 10. Constitution of Benches of Adjudicating Authority.
Section 11. Power of Adjudicating Authority to regulate its own procedure.
Section 12. Term of office of Chairperson and Members of Adjudicating Authority.
Section 13. Terms and conditions of services of Chairperson and Members of Adjudicating Authority.
Section 14. Removal of Chairperson and Members of Adjudicating Authority.
Section 15. Member to act as Chairperson in certain circumstances.
Section 16. Vacancies, etc., not to invalidate proceedings of Adjudicating Authority.
Section 17. Officers and employees of Adjudicating Authority.
Section 18. Authorities and jurisdiction.
Section 19. Powers of authorities.
Section 20. Certain officers to assist in inquiry, etc.
Section 21. Power to call for information.
Section 22. Power of authority to impound documents.
Section 23. Power of authority to conduct inquiry, etc.
Section 24. Notice and attachment of property involved in benami transaction.
Section 25. Manner of service of notice.
Section 26. Adjudication of benami property.
Section 27. Confiscation and vesting of benami property.
Section 28. Management of properties confiscated.
Section 29. Possession of the property.
Section 30. Establishment of Appellate Tribunal.
Section 31. Composition, etc., of Appellate Tribunal.
Section 32. Qualifications for appointment of Chairperson and Members of Appellate Tribunal.
Section 33. Terms and conditions of services of Chairperson and Members of Appellate Tribunal.
Section 34. Term of office of Chairperson and Members.
Section 35. Removal of Chairperson and Member from office in certain circumstances.
Section 36. Vacancies etc., not to invalidate proceedings of Appellate Tribunal.
Section 37. Resignation and removal.
Section 38. Member to act as Chairperson in certain circumstances.
Section 39. Staff of Appellate Tribunal.
Section 40. Procedure and powers of Appellate Tribunal.
Section 41. Distribution of business amongst Benches of Appellate Tribunal.
Section 42. Power of Chairperson of Appellate Tribunal to transfer cases.
Section 43. Decision to be by majority.
Section 44. Members, etc., to be public servants.
Section 45. Bar of jurisdiction of civil courts.
Section 46. Appeals to Appellate Tribunal.
Section 47. Rectification of mistakes.
Section 48. Right to representation.
Section 49. Appeal to High Court.
Section 50. Special Courts.
Section 51. Application of Code of Criminal Procedure, 1973 to proceedings before Special Court.
Section 52. Appeal and revision.
Section 53. Penalty for benami transaction.
Section 54. Penalty for false information.
Section 54A. Penalty for failure to comply with notices or furnish information
Section 54B. Proof of entries in records or documents.
Section 55. Previous sanction.
Section 55A. Power to tender Immunity from prosecution.
Section 56. Repeal of provisions of certain Acts.
Section 57. Certain transfers to be null and void.
Section 58. Exemption.
Section 59. Power of Central Government to issue directions, etc.
Section 60. Application of other laws not barred.
Section 61. Offences to be non-cognizable.
Section 62. Offences by companies.
Section 63. Notice, etc., not to be invalid on certain grounds.
Section 64. Protection of action taken in good faith.
Section 65. Transfer of pending cases.
Section 66. Proceedings, etc., against legal representative.
Section 67. Act to have overriding effect.
Section 68. Power to make rules.
Section 69. Laying of rules and notifications before Parliament.
Section 70. Power to remove difficulties.
Section 71. Transitional provision.
Section 72. Repeal and saving.