Prohibition of Benami Property Transactions Act, 1988

Bare Act · 1988

An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.

Act number: 45 of 1988
Enacted: 5 September 1988
Contents: 75 sections · 8 chapters

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Contents

Chapter I — Preliminary

Chapter II — Prohibition Of Benami Transactions

Chapter III — Authorities

Section 7 – Adjudicating Authority (preview)
Section 8 – Composition of Authority (preview)
Section 9 – Qualifications for appointment of Chairperson and Members (preview)
Section 10 – Constitution of Benches of Adjudicating Authority (preview)
Section 11 – Power of Adjudicating Authority to regulate its own procedure (preview)
Section 12 – Term of office of Chairperson and Members of Adjudicating Authority (preview)
Section 13 – Terms and conditions of services of Chairperson and Members of Adjudicating Authority (preview)
Section 14 – Removal of Chairperson and Members of Adjudicating Authority (preview)
Section 15 – Member to act as Chairperson in certain circumstances (preview)
Section 16 – Vacancies, etc., not to invalidate proceedings of Adjudicating Authority (preview)
Section 17 – Officers and employees of Adjudicating Authority (preview)
Section 18 – Authorities and jurisdiction (preview)
Section 19 – Powers of authorities (preview)
Section 20 – Certain officers to assist in inquiry, etc (preview)
Section 21 – Power to call for information (preview)
Section 22 – Power of authority to impound documents (preview)
Section 23 – Power of authority to conduct inquiry, etc (preview)

Chapter IV — Attachment, Adjudication And Confiscation

Section 24 – Notice and attachment of property involved in benami transaction (preview)
Section 25 – Manner of service of notice (preview)
Section 26 – Adjudication of benami property (preview)
Section 27 – Confiscation and vesting of benami property (preview)
Section 28 – Management of properties confiscated (preview)
Section 29 – Possession of the property (preview)

Chapter V — Sections Appellate Tribunal

Section 30 – Establishment of Appellate Tribunal (preview)
Section 31 – Composition, etc., of Appellate Tribunal (preview)
Section 32 – Qualifications for appointment of Chairperson and Members of Appellate Tribunal (preview)
Section 33 – Terms and conditions of services of Chairperson and Members of Appellate Tribunal (preview)
Section 34 – Term of office of Chairperson and Members (preview)
Section 35 – Removal of Chairperson and Member from office in certain circumstances (preview)
Section 36 – Vacancies etc., not to invalidate proceedings of Appellate Tribunal (preview)
Section 37 – Resignation and removal (preview)
Section 38 – Member to act as Chairperson in certain circumstances (preview)
Section 39 – Staff of Appellate Tribunal (preview)
Section 40 – Procedure and powers of Appellate Tribunal (preview)
Section 41 – Distribution of business amongst Benches of Appellate Tribunal (preview)
Section 42 – Power of Chairperson of Appellate Tribunal to transfer cases (preview)
Section 43 – Decision to be by majority (preview)
Section 44 – Members, etc., to be public servants (preview)
Section 45 – Bar of jurisdiction of civil courts (preview)
Section 46 – Appeals to Appellate Tribunal (preview)
Section 47 – Rectification of mistakes (preview)
Section 48 – Right to representation (preview)
Section 49 – Appeal to High Court (preview)

Chapter VI — Special Courts

Section 50 – Special Courts (preview)
Section 51 – Application of Code of Criminal Procedure, 1973 to proceedings before Special Court (preview)
Section 52 – Appeal and revision (preview)

Chapter VII — Offences And Prosecution

Section 53 – Penalty for benami transaction (preview)
Section 54 – Penalty for false information (preview)
Section 54A – Penalty for failure to comply with notices or furnish information (preview)
Section 54B – Proof of entries in records or documents (preview)
Section 55 – Previous sanction (preview)
Section 55A – Power to tender Immunity from prosecution (preview)

Chapter VIII — Miscellaneous

Section 56 – Repeal of provisions of certain Acts (preview)
Section 57 – Certain transfers to be null and void (preview)
Section 58 – Exemption (preview)
Section 59 – Power of Central Government to issue directions, etc (preview)
Section 60 – Application of other laws not barred (preview)
Section 61 – Offences to be non-cognizable (preview)
Section 62 – Offences by companies (preview)
Section 63 – Notice, etc., not to be invalid on certain grounds (preview)
Section 64 – Protection of action taken in good faith (preview)
Section 65 – Transfer of pending cases (preview)
Section 66 – Proceedings, etc., against legal representative (preview)
Section 67 – Act to have overriding effect (preview)
Section 68 – Power to make rules (preview)
Section 69 – Laying of rules and notifications before Parliament (preview)
Section 70 – Power to remove difficulties (preview)
Section 71 – Transitional provision (preview)
Section 72 – Repeal and saving (preview)