Section 44: Members, etc., to be public servants
The Benami Transactions (Prohibition) Act, 1988 was substantially amended by the Benami Transactions (Prohibition) Amendment Act, 2016 and is now titled the Prohibition of Benami Property Transactions Act, 1988 (PBPT Act). Section 44 forms part of the statutory framework dealing with authorities and the Appellate Tribunal under the Act.
Text of Section 44
44. Members, etc., to be public servants. The Chairperson, Members and other officers and employees of the Appellate Tribunal, the Adjudicating Authority, Approving Authority, Initiating Officer, Administrator and the officers subordinate to all of them shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
What Section 44 means
Section 44 gives statutory public-servant status to the persons expressly listed in the provision while they function within the PBPT Act framework. The provision covers not only the Chairperson and Members of the Appellate Tribunal but also its officers and employees, the Adjudicating Authority, Approving Authority, Initiating Officer, Administrator and officers subordinate to those authorities.
Persons covered by Section 44
The section expressly includes the Chairperson and Members of the Appellate Tribunal; other officers and employees of the Appellate Tribunal; the Adjudicating Authority; the Approving Authority; the Initiating Officer; the Administrator; and officers subordinate to the listed authorities.
Reference to the IPC and the Bharatiya Nyaya Sanhita, 2023
The current official consolidated text of Section 44 continues to contain the expression "within the meaning of section 21 of the Indian Penal Code (45 of 1860)." The Indian Penal Code, 1860 was repealed when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The Bharatiya Nyaya Sanhita now contains the definition of "public servant" in Section 2(28). For the exact operative position in a particular proceeding, the current statutory text, applicable saving and transition provisions, and relevant judicial interpretation should be checked.
Why this provision matters
By expressly deeming the listed functionaries to be public servants, Section 44 places their official functions within the legal framework applicable to public servants. This provision should be read together with the other PBPT Act provisions governing the authorities, adjudication, appeals, enforcement and related proceedings.
Related provisions
For the surrounding appellate provisions, see Section 43 - Decision to be by majority, Section 45 - Bar of jurisdiction of civil courts and Section 46 - Appeals to Appellate Tribunal.
Official legal references
Readers should verify the current text from official sources. See the Prohibition of Benami Property Transactions Act, 1988 on India Code, the PBPT Act page of the Income Tax Department, and the Bharatiya Nyaya Sanhita, 2023 on India Code.
This page is intended as a general legal information resource. Statutory text, notifications and judicial decisions should be checked for application to a specific matter.