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THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016

ACT NO. 43 OF 2016

An Act further to amend the Benami Transactions (Prohibition) Act, 1988.

BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:-

 

CHAPTER I PRELIMINARY

Section 1 Short title and Commencement - (1) This Act may be called the Benami Transactions (Prohibition) Amendment Act, 2016.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

Section 2 Definitions

 

CHAPTER II PROHIBITION OF BENAMI TRANSACTIONS

Section 3 Prohibition of benami transactions

Section 4 Prohibition of the right to recover property held benami

Section 5 Property held benami liable to confiscation

Section 6 Prohibition on re-transfer of property by benamidar

 

CHAPTER III AUTHORITIES

Section 7 Adjudicating Authority

Section 8 Composition of Authority

Section 9 Qualifications for appointment of Chairperson and Members

Section 10 Constitution of Benches of Adjudicating Authority

Section 11 Power of Adjudicating Authority to regulate its own procedure

Section 12 Term of office of Chairperson and Members of Adjudicating Authority

Section 13 Terms and conditions of services of Chairperson and Members of Adjudicating Authority

Section 14 Removal of Chairperson and Members of Adjudicating Authority

Section 15 Member to act as Chairperson in certain circumstances

Section 16 Vacancies etc not to invalidate proceedings of Adjudicating Authority

Section 17 Officers and employees of Adjudicating Authority

Section 18 Authorities and jurisdiction

Section 19 Powers of authorities

Section 20 Certain officers to assist in inquiry etc

Section 21 Power to call for information

Section 22 Power of authority to impound documents

Section 23 Power of authority to conduct inquiry, etc

 

CHAPTER IV ATTACHMENT, ADJUDICATION AND CONFISCATION

Section 24 Notice and attachment of property involved in benami transaction

Section 25 Manner of service of notice

Section 26 Adjudication of benami property

Section 27 Confiscation and vesting of benami property

Section 28 Management of properties confiscated

Section 29 Possession of the property

 

CHAPTER V APPELLATE TRIBUNAL

Section 30 Establishment of Appellate Tribunal

Section 31 Composition etc of Appellate Tribunal

Section 32 Qualifications for appointment of Chairperson and Members of Appellate Tribunal

Section 33 Terms and conditions of services of Chairperson and Members of Appellate Tribunal

Section 34 Term of office of Chairperson and Members

Section 35 Removal of Chairperson and Member from office in certain circumstances

Section 36 Vacancies, etc not to invalidate proceedings of Appellate Tribunal

Section 37 Resignation and removal

Section 38 Member to act as Chairperson in certain circumstances

Section 39 Staff of Appellate Tribunal

Section 40 Procedure and powers of Appellate Tribunal

Section 41 Distribution of business amongst Benches of Appellate Tribunal

Section 42 Power of Chairperson of Appellate Tribunal to transfer case

Section 43 Decision to be by majority

Section 44 Members etc to be public servants

Section 45 Bar of jurisdiction of civil courts

Section 46 Appeals to Appellate Tribunal

Section 47 Rectification of mistakes

Section 48 Right to representation

Section 49 Appeal to High Court

 

CHAPTER VI SPECIAL COURTS

Section 50 Special Courts

Section 51 Application of Code of Criminal Procedure 1973 to proceedings before Special Court

Section 52 Appeal and revision

 

CHAPTER VII OFFENCES AND PROSECUTION

Section 53 Penalty for benami transaction

Section 54 Penalty for false information

Section 55 Previous sanction

 

CHAPTER VIII MISCELLANEOUS

Section 56 Repeal of provisions of certain Acts

Section 57 Certain transfers to be null and void

Section 58 Exemption

Section 59 Power of Central Government to issue directions etc

Section 60 Application of other laws not barred

Section 61 Offences to be non-cognizable

Section 62 Offences by companies

Section 63 Notice, etc not to be invalid on certain grounds

Section 64 Protection of action taken in good faith

Section 65 Transfer of pending cases

Section 66 Proceedings etc against legal representative

Section 67 Act to have overriding effect

Section 68 Power to make rules

Section 69 Laying of rules and notifications before Parliament

Section 70 Power to remove difficulties

Section 71 Transitional provision

Section 72 Repeal and saving

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