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The Prohibition of Benami Property Transactions Act, 1988

Central

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
Ministry
Ministry of Finance
Department
Department of Revenue
Enacted
5 Sep 1988

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

75 sections

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