Section 24:
Notice and attachment of property involved in benami transaction.
(1) Where the Initiating
Officer, on the basis of material in his possession, has reason to believe that any person is a benamidar in
respect of a property, he may, after recording reasons in writing, issue a notice to the person to show
cause within such time as may be specified in the notice why the property should not be treated as benami
property.
(2) Where a notice under sub-section (1) specifies any property as being held by a benamidar referred
to in that sub-section, a copy of the notice shall also be issued to the beneficial owner if his identity is
known.
(3) Where the Initiating Officer is of the opinion that the person in possession of the property held
benami may alienate the property during the period specified in the notice, he may, with the previous
approval of the Approving Authority, by order in writing, attach provisionally the property in the manner
as may be prescribed, for a period not exceeding ninety days 1[from the last day of the month in which the
the notice under sub-section (1) is issued.]
(4) The Initiating Officer, after making such inquires and calling for such reports or evidence as he
deems fit and taking into account all relevant materials, shall, within a period of ninety days 1[from the
last day of the month in which the notice under sub-section (1) is issued],--
(a) where the provisional attachment has been made under sub-section (3),--
(i) pass an order continuing the provisional attachment of the property with the prior approval
of the Approving Authority, till the passing of the order by the Adjudicating Authority under subsection (3) of section 26; or
(ii) revoke the provisional attachment of the property with the prior approval of the
Approving Authority;
(b) where provisional attachment has not been made under sub-section (3),--
(i) pass an order provisionally attaching the property with the prior approval of the Approving
Authority, till the passing of the order by the Adjudicating Authority under sub-section (3) of
section 26; or
(ii) decide not to attach the property as specified in the notice, with the prior approval of the
Approving Authority.
2[Explanation.-- For the purposes of this section, in computing the period of limitation, the period
during which the proceeding is stayed by an order or injunction of any court shall be excluded:
Provided that where immediately after the exclusion of the aforesaid period, the period of limitation
referred to in sub-section (4) available to the Initiating Officer for passing order of attachment is less than
thirty days, such remaining period shall be deemed to be extended to thirty days:
Provided further that where immediately after the exclusion of the aforesaid period, the period of
limitation referred to in sub-section (5) available to the Initiating Officer to refer the order of attachment to
Adjudicating Authority is less than seven days, such remaining period shall be deemed to be extended to
seven days.]
(5) Where the Initiating Officer passes an order continuing the provisional attachment of the property
under sub-clause (i) of clause (a) of sub-section (4) or passes an order provisionally attaching the property
under sub-clause (i) of clause (b) of that sub-section, he shall, within fifteen days from the date of the
attachment, draw up a statement of the case and refer it to the Adjudicating Authority.
Notes:
1. Subs. by s. 174, ibid., for "from the date of issue of notice under sub-section (1)" (w.e.f. 1-9-2019).
2. Ins. by Act 23 of 2019, s. 174 (w.e.f. 1-9-2019)