Benami Transactions (Prohibition) Amendment Act, 2016

The original law the Benami Transactions (Prohibition) Act, 1988 has been on the statute book since more than 28 years, but inoperative due to lots of lacuna . it was amended vide The Benami Transactions (Prohibition) Amendment Act, 2016 that became effective from 1st November, 2016. The original 1988 Act contained only sections 1 to 9. After the amendment, the Act now contains 71 sections.

Benami Act : Section – 1 : Short title, extent and commencement

Benami Act : Section – 2 : Definitions

Benami Act : Section – 3 : Prohibition of benami transactions

Benami Act : Section – 4 : Prohibition of the right to recover property held benami

Benami Act : Section – 5 : Property held benami liable to confiscation

Benami Act : Section – 6 : Prohibition on re-transfer of property by benamidar

Benami Act : Section – 7 : Adjudicating Authority

Benami Act : Section – 8 : Composition of Authority

Benami Act : Section – 9 : Qualifications for appointment of Chairperson and Members

Benami Act : Section – 10 : Constitution of Benches of Adjudicating Authority

Benami Act : Section – 11 : Power of Adjudicating Authority to regulate its own procedure

Benami Act : Section – 12 : Term of office of Chairperson and Members of Adjudicating Authority

Benami Act : Section – 13 : Terms and conditions of services of Chairperson and Members of Adjudicating Authority

Benami Act : Section – 14 : Removal of Chairperson and Members of Adjudicating Authority

Benami Act : Section – 15 : Member to act as Chairperson in certain circumstances

Benami Act : Section – 16 : Vacancies, etc., not to invalidate proceedings of Adjudicating Authority

Benami Act : Section – 17 : Officers and employees of Adjudicating Authority

Benami Act : Section – 18 : Authorities and jurisdiction

Benami Act : Section – 19 : Powers of authorities

Benami Act : Section – 20 : Certain officers to assist in inquiry, etc

Benami Act : Section – 21 : Power to call for information

Benami Act : Section – 22 : Power of authority to impound documents

Benami Act : Section – 23 : Power of authority to conduct inquiry, etc

Benami Act : Section – 24 : Notice and attachment of property involved in benami transaction

Benami Act : Section – 25 : Manner of service of notice

Benami Act : Section – 26 : Adjudication of benami property

Benami Act : Section – 27 : Confiscation and vesting of benami property

Benami Act : Section – 28 : Management of properties confiscated

Benami Act : Section – 29 : Possession of the property

Benami Act : Section – 30 : Establishment of Appellate Tribunal

Benami Act : Section – 31 : Composition, etc., of Appellate Tribunal

Benami Act : Section – 32 : Qualifications for appointment of Chairperson and Members of Appellate Tribunal

Benami Act : Section – 33 : Terms and conditions of services of Chairperson and Members of Appellate Tribunal

Benami Act : Section – 34 : Term of office of Chairperson and Members

Benami Act : Section – 35 : Removal of Chairperson and Member from office in certain circumstances

Benami Act : Section – 36 : Vacancies, etc., not to invalidate proceedings of Appellate Tribunal

Benami Act : Section – 37 : Resignation and removal

Benami Act : Section – 38 : Member to act as Chairperson in certain circumstances

Benami Act : Section – 39 : Staff of Appellate Tribunal

Benami Act : Section – 40 : Procedure and powers of Appellate Tribunal

Benami Act : Section – 41 : Distribution of business amongst Benches of Appellate Tribunal

Benami Act : Section – 42 : Power of Chairperson of Appellate Tribunal to transfer cases

Benami Act : Section – 43 : Decision to be by majority

Benami Act : Section – 44 : Members, etc., to be public servants

Benami Act : Section – 45 : Bar of jurisdiction of civil courts

Benami Act : Section – 46 : Appeals to Appellate Tribunal

Benami Act : Section – 47 : Rectification of mistakes

Benami Act : Section – 48 : Right to representation

Benami Act : Section – 49 : Appeal to High Court

Benami Act : Section – 50 : Special Courts

Benami Act : Section – 51 : Application of Code of Criminal Procedure, 1973 to proceedings before Special Court

Benami Act : Section – 52 : Appeal and revision

Benami Act : Section – 53 : Penalty for benami transaction

Benami Act : Section – 54 : Penalty for false information

Benami Act : Section – 55 : Previous sanction

Benami Act : Section – 56 : Repeal of provisions of certain Acts

Benami Act : Section – 57 : Certain transfers to be null and void

Benami Act : Section – 58 : Exemption

Benami Act : Section – 59 : Power of Central Government to issue directions, etc

Benami Act : Section – 60 : Application of other laws not barred

Benami Act : Section – 61 : Offences to be non-cognizable

Benami Act : Section – 62 : Offences by companies

Benami Act : Section – 63 : Notice, etc., not to be invalid on certain grounds

Benami Act : Section – 64 : Protection of action taken in good faith

Benami Act : Section – 65 : Transfer of pending cases

Benami Act : Section – 66 : Proceedings, etc., against legal representative

Benami Act : Section – 67 : Act to have overriding effect

Benami Act : Section – 68 : Power to make rules

Benami Act : Section – 69 : Laying of rules and notifications before Parliament

Benami Act : Section – 70 : Power to remove difficulties

Benami Act : Section – 71 : Transitional provision

Benami Act : Section – 72 : Repeal and saving