# Bharat’s Law relating to Benami Property Transactions By V.S. Wahi

About Law relating to Benami Property Transactions

Chapter I  
Preliminary  
1\. Short title, extent and commencement  
2\. Definitions  
Chapter II  
Prohibition of benami transactions  
3\. Prohibition of benami transactions  
4\. Prohibition of the right to recover property held benami  
5\. Property held benami liable to confiscation  
6\. Prohibition on re-transfer of property by benamidar  
Chapter III  
Authorities  
7\. Adjudicating Authority  
\[8. Composition of Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\]  
\[9. Qualifications for appointment of Chairperson and Members.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\] Section  
\[10. Constitution of Benches of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\]  
\[11. Power of Adjudicating Authority to regulate its own procedure.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\]  
\[12. Term of office of Chairperson and Members of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\]  
\[13. Terms and conditions of services of Chairperson and Members of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\]  
\[14. Removal of Chairperson and Members of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\]  
\[15. Member to act as Chairperson in certain circumstances.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\]  
\[16. Vacancies, etc., not to invalidate proceedings of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\]  
\[17. Officers and employees of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021\]  
18\. Authorities and jurisdiction  
19\. Powers of authorities  
20\. Certain officers to assist in inquiry, etc  
21\. Power to call for information  
22\. Power of authority to impound documents  
23\. Power of authority to conduct inquiry, etc.  
Chapter IV  
Attachment, Adjudication and Confiscation  
24\. Notice and attachment of property involved in benami transaction  
25\. Manner of service of notice  
26\. Adjudication of benami property  
27\. Confiscation and vesting of benami property  
28\. Management of properties confiscated  
29\. Possession of the property  
Chapter V  
Appellate Tribunal  
Section  
30\. Establishment of Appellate Tribunal  
31\. Composition, etc., of Appellate Tribunal  
32\. Qualifications for appointment of Chairperson and Members of Appellate Tribunal  
33\. Terms and conditions of services of Chairperson and Members of Appellate Tribunal  
34\. Term of office of Chairperson and Members  
35\. Removal of Chairperson and Member from office in certain circumstances  
36\. Vacancies, etc., not to invalidate proceedings of Appellate Tribunal  
37\. Resignation and removal  
38\. Member to act as Chairperson in certain circumstances  
39\. Staff of Appellate Tribunal  
40\. Procedure and powers of Appellate Tribunal  
41\. Distribution of business amongst Benches of Appellate Tribunal  
42\. Power of Chairperson of Appellate Tribunal to transfer cases  
43\. Decision to be by majority  
44\. Members, etc., to be public servants  
45\. Bar of jurisdiction of civil courts  
46\. Appeals to Appellate Tribunal  
47\. Rectification of mistakes  
48\. Right to representation  
49\. Appeal to High Court  
Chapter VI  
Special Courts  
50\. Special Courts  
51\. Application of Code of Criminal Procedure, 1973 to proceedings before Special Court  
52\. Appeal and revision  
Chapter VII  
Offences and Prosecution  
Section  
53\. Penalty for Benami transaction  
54\. Penalty for false information  
54A. Penalty for failure to comply with notices or furnish information  
54B. Proof of entries in records or documents  
55\. Previous sanction  
Chapter VIII  
Miscellaneous  
56\. Repeal of provisions of certain Acts  
57\. Certain transfers to be null and void  
58\. Exemption  
59\. Power of Central Government to issue directions, etc.  
60\. Application of other laws not barred  
61\. Offences to be non-cognizable  
62\. Offences by companies  
63\. Notice, etc., not to be invalid on certain grounds  
64\. Protection of action taken in good faith  
65\. Transfer of pending cases  
66\. Proceedings, etc., against legal representative  
67\. Act to have overriding effect  
68\. Power to make rules  
69\. Laying of rules and notifications before Parliament  
70\. Power to remove difficulties  
71\. Transitional provision  
72\. Repeal and saving  
Division II  
APPENDICES  
Appendix 1 Benami Transactions (Prohibition) Amendment Act, 2016  
Appendix 2 Amendments made by the Finance (No. 2) Act, 2019  
Appendix 3 Amendments made by the Finance Act, 2020, w.e.f. 1-4-2020  
Appendix 4 Amendments made by the Finance Act, 2021, w.e.f. 1-7-2021  
Appendix 5 Prohibition of Benami Property Transactions Rules, 2016  
Appendix 6 Prohibition of Benami Property Transactions (Conditions of Services of Members of Adjudicating Authority) Rules, 2019  
Appendix 7 The Second Schedule: Procedure for Recovery of Tax  
Appendix 8 Notifications issued under the Act  
Appendix 9 Application of Cr PC to proceedings before Special Court  
Appendix 10 57th Report of Law Commission on Benami Transaction  
Appendix 11 130th Report of Law Commission on Benami Transaction

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