Act 45 of 1988

The Prohibition of Benami Property Transactions Act, 1988

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

  • Ministry of Finance
  • Department of Revenue
  • Enacted 1988-09-05
  • 74 sections
SectionTitle
1 Short title, extent and commencement. RepealedRead
2 Definitions. RepealedRead
3 Prohibition of benami transactions. RepealedRead
4 Prohibition of the right to recover property held benami. RepealedRead
5 Property held benami liable to confiscation. RepealedRead
6 Prohibition on re-transfer of property by benamidar. RepealedRead
7 Adjudicating Authority. RepealedRead
8 Composition of Authority. RepealedRead
9 Qualifications for appointment of Chairperson and Members. RepealedRead
10 Constitution of Benches of Adjudicating Authority. RepealedRead
11 Power of Adjudicating Authority to regulate its own procedure. RepealedRead
12 Term of office of Chairperson and Members of Adjudicating Authority. RepealedRead
13 Terms and conditions of services of Chairperson and Members of Adjudicating Authority. RepealedRead
14 Removal of Chairperson and Members of Adjudicating Authority. RepealedRead
15 Member to act as Chairperson in certain circumstances. RepealedRead
16 Vacancies, etc., not to invalidate proceedings of Adjudicating Authority. RepealedRead
17 Officers and employees of Adjudicating Authority. RepealedRead
18 Authorities and jurisdiction. RepealedRead
19 Powers of authorities. RepealedRead
20 Certain officers to assist in inquiry, etc. RepealedRead
21 Power to call for information. RepealedRead
22 Power of authority to impound documents. RepealedRead
23 Power of authority to conduct inquiry, etc. RepealedRead
24 Notice and attachment of property involved in benami transaction. RepealedRead
25 Manner of service of notice. RepealedRead
26 Adjudication of benami property. RepealedRead
27 Confiscation and vesting of benami property. RepealedRead
28 Management of properties confiscated. RepealedRead
29 Possession of the property. RepealedRead
30 Establishment of Appellate Tribunal. RepealedRead
31 Composition, etc., of Appellate Tribunal. RepealedRead
32 Qualifications for appointment of Chairperson and Members of Appellate Tribunal. RepealedRead
33 Terms and conditions of services of Chairperson and Members of Appellate Tribunal. RepealedRead
34 Term of office of Chairperson and Members. RepealedRead
35 Removal of Chairperson and Member from office in certain circumstances. RepealedRead
36 Vacancies etc., not to invalidate proceedings of Appellate Tribunal. RepealedRead
37 Resignation and removal. RepealedRead
38 Member to act as Chairperson in certain circumstances. RepealedRead
39 Staff of Appellate Tribunal. RepealedRead
40 Procedure and powers of Appellate Tribunal. RepealedRead
41 Distribution of business amongst Benches of Appellate Tribunal. RepealedRead
42 Power of Chairperson of Appellate Tribunal to transfer cases. RepealedRead
43 Decision to be by majority. RepealedRead
44 Members, etc., to be public servants. RepealedRead
45 Bar of jurisdiction of civil courts. RepealedRead
46 Appeals to Appellate Tribunal. RepealedRead
47 Rectification of mistakes. RepealedRead
48 Right to representation. RepealedRead
49 Appeal to High Court. RepealedRead
50 Special Courts. RepealedRead
51 Application of Code of Criminal Procedure, 1973 to proceedings before Special Court. RepealedRead
52 Appeal and revision. RepealedRead
53 Penalty for benami transaction. RepealedRead
54 Penalty for false information. RepealedRead
54A Penalty for failure to comply with notices or furnish information RepealedRead
54B Proof of entries in records or documents. RepealedRead
55 Previous sanction. RepealedRead
56 Repeal of provisions of certain Acts. RepealedRead
57 Certain transfers to be null and void. RepealedRead
58 Exemption. RepealedRead
59 Power of Central Government to issue directions, etc. RepealedRead
60 Application of other laws not barred. RepealedRead
61 Offences to be non-cognizable. RepealedRead
62 Offences by companies. RepealedRead
63 Notice, etc., not to be invalid on certain grounds. RepealedRead
64 Protection of action taken in good faith. RepealedRead
65 Transfer of pending cases. RepealedRead
66 Proceedings, etc., against legal representative. RepealedRead
67 Act to have overriding effect. RepealedRead
68 Power to make rules. RepealedRead
69 Laying of rules and notifications before Parliament. RepealedRead
70 Power to remove difficulties. RepealedRead
71 Transitional provision. RepealedRead
72 Repeal and saving. RepealedRead
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