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