A Practical Guide to The Prohibition of Benami Property

Name: A Practical Guide to The Prohibition of Benami Property
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INTRODUCTION	�
BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY} ORDINANCE, 1988	2
BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988	3
THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988	7
AMENDMENT BY THE FINANCE ACT, 2021:	7
FREQUENTLY ASKED QUESTIONS (FAQS)	7
Chapter 1: Preliminary	�
SECTION 2 – DEFINITIONS	16
FREQUENTLY ASKED QUESTIONS {FAQs)	97
Chapter 2: Prohibition of Benami Transactions	�
SECTION 3 – PROHIBITION OF BENAMI TRANSACTIONS	123
SECTION 4. PROHIBITION OF THE RIGHT TO RECOVER PROPERTY HELD BENAMI	129
[SECTION 5- PROPERTY HELD BENAMI LIABLE TO CONFISCATION	135
[6. PROHIBITION ON RE-TRANSFER OF PROPERTY BY BENAMIDAR	138
RELEVANT CASE LAWS	139
FREQUENTLY ASKED QUESTIONS {FAQ’S}	145
Chapter 3: Authorities	�
SECTION 7. ADJUDICATING AUTHORITY	151
SECTION 8 to SECTION 17	151
SECTION 18. AUTHORITIES AND JURISDICTION	151
SECTION 19. POWERS OF THE AUTHORITIES	152
SECTION 20. CERTAIN OFFICERS TO ASSIST IN INQUIRY, ETC	157
SECTION 21. POWER TO CALL FOR INFORMATION	158
SECTION 22. POWER OF AUTHORITY TO IMPOUND DOCUMENTS	158
SECTION 23. POWER OF AUTHORITY TO CONDUCT ENQUIRY, ETC	160
FREQUENTLY ASKED QUESTIONS {FAQS)	161
Chapter 4: Attachment, Adjudication and Confiscation	�
SECTION 24. NOTICE AND ATTACHMENT OF PROPERTY	164
INVOLVED IN BENAMI TRANSACTION	164
SECTION 25. MANNER OF SERVICE OF NOTICE	171
SECTION 26. ADJUDICATION OF BENAMI PROPERTY	172
SECTION 27. CONFISCATION AND VESTING OF BENAMI PROPERTY	178
SECTION 28. MANAGEMENT OF PROPERTIES CONFISCATED	182
SECTION 29. POSSESSION OF THE PROPERTY	183
FREQUENTLY ASKED QUESTIONS {FAQS)	184
Chapter 5: Appellate Tribunal	�
SECTION 30. ESTABLISHMENT OF APPELLATE TRIBUNAL	194
SECTION 31. COMPOSITION, ETC., OF APPELLATE TRIBUNAL	194
SECTION 32. QUALIFICATIONS FOR APPOINTMENT OF CHAIRPERSON AND MEMBER OF APPELLATE TRIBUNAL	195
SECTION 33. TERMS AND CONDITIONS OF SERVICES OF CHAIRPERSON AND MEMBERS OF APPELLATE TRIBUNAL	196
SECTION 34. TERM OF OFFICE OF CHAIRPERSON AND MEMBERS	197
SECTION 35. REMOVAL OF CHAIRPERSON AND MEMBER FROM OFFICE IN CERTAIN CIRCUMSTANCES	197
SECTION 36. VACANCIES, ETC., NOT TO INVALIDATE P ROCEEDINGS OF APPELLATE TRIBUNAL	199
SECTION 37. RESIGNATION AND REMOVAL	199
SECTION 38. MEMBER TO ACT AS CHAIRPERSON IN CERTAIN CIRCUMSTANCES	199
SECTION 39. STAFF OF APPELLATE TRIBUNAL	200
SECTION 40. PROCEDURE AND POWERS OF APPELLATE TRIBUNAL	200
Section 40(1)–It provides that	201
SECTION 41. DISTRIBUTION OF BUSINESS AMONGST BENCHES OF APPELLATE TRIBUNAL	204
SECTION 42. POWER OF CHAIRPERSON OF APPELLATE TRIBUNAL TO TRANSFER CASES	205
SECTION 43. DECISION TO BE BY MAJORITY	205
SECTION 44. MEMBERS, ETC., TO BE PUBLIC SERVANTS	205
SECTION 45. BAR OF JURISDICTION OF CIVIL COURTS	206
SECTION 46. APPEALS TO APPELLATE TRIBUNAL	206
SECTION 47. RECTIFICATION OF MISTAKES	209
SECTION 48. RIGHT TO REPRESENTATION	211
SECTION 49. APPEAL TO HIGH COURT	212
FREQUENTLY ASKED QUESTIONS {FAQS)	219
Chapter 6: Special Courts	�
SECTION 50. SPECIAL COURTS	227
SECTION 51. APPLICATION OF CODE OF CRIMINAL PROCEDURE,1973 TO PROCEEDINGS BEFORE SPECIAL COURT	229
SECTION 52. APPEAL AND REVISION	230
FREQUENTLY ASKED QUESTIONS (FAQS)	231
Chapter 7: Offences and Prosecution	�
SECTION 53. PENALTY FOR BENAMI TRANSACTION	234
SECTION 54. PENALTY FOR FALSE INFORMATION	237
SECTION 55. PREVIOUS SANCTION	238
FREQUENTLY ASKED QUESTIONS (FAQS)	239
Chapter 8: Miscellaneous	�
SECTION 56. REPEAL OF PROVISIONS OF CERTAIN ACTS	244
SECTION 57. CERTAIN TRANSFERS TO BE NULL AND VOID	247
SECTION 58. EXEMPTION	248
SECTION 59. POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS, ETC	249
SECTION 60. APPLICATION OF OTHER LAWS NOT BARRED	251
SECTION 61. OFFENCES TO BE NON-COGNIZABLE	252
SECTION 62. OFFENCES BY COMPANIES	253
SECTION 63. NOTICE, ETC., NOT TO BE INVALID ON CERTAIN GROUNDS	258
SECTION 64. PROTECTION OF ACTION TAKEN IN GOOD FAITH	258
SECTION 65. TRANSFER OF PENDING CASES	259
SECTION 66. PROCEEDINGS, ETC., AGAINST LEGAL REPRESENTATIVE	260
SECTION 67. ACT TO HAVE OVERRIDING EFFECT	261
SECTION 68. POWER TO MAKE RULES	262
SECTION 69. LAYING OF RULES AND NOTIFICATIONS BEFORE PARLIAMENT	264
SECTION 70. POWER TO REMOVE DIFFICULTIES	265
SECTION 71. TRANSITIONAL PROVISION	266
[SECTION 72]. REPEAL AND SAVING	267
FREQUENTLY ASKED QUESTIONS {FAQS)	270
Chapter 9: Comparison with Other Acts and Suggestions	�
(A) COMPARISON OF THE PROVISIONS OF THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988 WITH THE AMENDED PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988	282
(B) COMPARISON OF THE PROVISIONS OF THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 WITH THE AMENDED ACT (AMENDED IN 2016) I.E., PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT,1988	282
(C) COMPARISON OF BENAMI ACT, 1988 WITH PREVENTION OF MONEY LAUNDERING ACT, 2002	284
(D) COMPARISON OF AMENDED BENAMI ACT, 1988 WITH INCOME TAX ACT, 1961	286
(E) SUGGESTIONS	288
Chapter 10: Appendices	�
I. THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988	292
II. THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988(45 OF 1988)	293
Ill. THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016	295
IV. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 (45 OF 1988)	325
V. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS RULES, 2016	354
VI. NOTIFICATIONS ISSUED UNDER THE ACT	359
VII. SCHEDULE	361
VIII. RELEVANT SECTIONS OF CODE OF CRIMINAL PROCEDURE, 1973	378
IX. RELEVANT SECTIONS OF INDIAN PENAL CODE, 1860	392
X. RELEVANT SECTIONS OF CODE OF CIVIL PROCEDURE, 1908	394
XI. RELEVANT SECTIONS OF TRANSFER OF PROPERTY ACT, 1882	394
XII. RELEVANT SECTIONS OF INDIAN EVIDENCE ACT, 1872	395
XIII. RELEVANT SECTIONS OF INDIAN SUCCESSION ACT, 1925	395
XIV. RELEVANT SECTIONS OF INDIAN PARTNERSHIP ACT, 1932	395
XV. RELEVANT SECTIONS OF THE INCOME-TAX ACT, 1961	396
XVI. RELEVANT SECTIONS OF PREVENTION OF MONEY LAUNDERING ACT, 2002	411
XVII. RELEVANT SECTIONS OF COMPANIES ACT, 2013	413
XVIII. RELEVANT EXTRACTS FROM FINANCE ACT, 2016	416
XIX. RELEVANT EXTRACTS FROM FINANCE ACT, 2021	416
XX. RELEVANT SECTIONS OF INDIAN TRUSTS ACT, 1882–	417