THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988. ACT NO. 45 OF 1988, 5th September, 1988.
An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:—
Download PDF for Benami Transactions (Prohibition) Act, 1988
| Sections | Particulars |
| Title | Prohibition of Benami Property Transactions Act, 1988 |
| Chapter I | Preliminary |
| 1. | Short title, extent and commencement |
| 2. | Definitions |
| Chapter II | Prohibition of Benami Transactions |
| 3. | Prohibition of benami transactions |
| 4. | Prohibition of the right to recover property held benami |
| 5. | Property held benami liable to confiscation |
| 6. | Prohibition on re-transfer of property by benamidar |
| 7. | Adjudicating Authority |
| 8. | Composition of Authority |
| Chapter III | Authorities |
| 9. | Qualifications for appointment of Chairperson and Members |
| 10. | Constitution of Benches of Adjudicating Authority |
| 11. | Power of Adjudicating Authority to regulate its own procedure |
| 12. | Term of office of Chairperson and Members of Adjudicating Authority |
| 13. | Terms and conditions of services of Chairperson and Members of Adjudicating Authority |
| 14. | Removal of Chairperson and Members of Adjudicating Authority |
| 15. | Member to act as Chairperson in certain circumstances |
| 16. | Vacancies, etc, not to invalidate proceedings of Adjudicating Authority |
| 17. | Officers and employees of Adjudicating Authority |
| 18. | Authorities and jurisdiction |
| 19. | Powers of authorities |
| 20. | Certain officers to assist in inquiry, etc |
| 21. | Power to call for information |
| 22. | Power of authority to impound documents |
| 23. | Power of authority to conduct inquiry, etc |
| Chapter IV | Attachment, Adjudication and Confiscation |
| 24. | Notice and attachment of property involved in benami transaction |
| 25. | Manner of service of notice |
| 26. | Adjudication of benami property |
| 27. | Confiscation and vesting of benami property |
| 28. | Management of properties confiscated |
| 29. | Possession of the property |
| Chapter V | Appellate Tribunal |
| 30. | Establishment of Appellate Tribunal |
| 31. | Composition, etc, of Appellate Tribunal |
| 32. | Qualifications for appointment of Chairperson and Members of Appellate Tribunal |
| 33. | Terms and conditions of services of Chairperson and Members of Appellate Tribunal |
| 34. | Term of office of Chairperson and Members |
| 35. | Removal of Chairperson and Member from office in certain circumstances |
| 36. | Vacancies etc, not to invalidate proceedings of Appellate Tribunal |
| 37. | Resignation and removal |
| 38. | Member to act as Chairperson in certain circumstances |
| 39. | Staff of Appellate Tribunal |
| 40. | Procedure and powers of Appellate Tribunal |
| 41. | Distribution of business amongst Benches of Appellate Tribunal |
| 42. | Power of Chairperson of Appellate Tribunal to transfer cases |
| 43. | Decision to be by majority |
| 44. | Members, etc, to be public servantsBar of jurisdiction of civil courts |
| 45. | Bar of jurisdiction of civil courts |
| 46. | Appeals to Appellate Tribunal |
| 47. | Rectification of mistakes |
| 48. | Right to representation |
| 49. | Appeal to High Court |
| 50. | Special Courts |
| Chapter VI | Special Courts |
| 51 | Application of Code of Criminal Procedure, 1973 to proceedings before Special Court |
| 52 | Appeal and revision |
| Chapter VII | Offences and Prosecution |
| 53. | Penalty for benami transaction |
| 54. | Penalty for false information |
| 55. | Previous sanction |
| Chapter VIII | Miscellaneous |
| 56. | Repeal of provisions of certain Acts |
| 57. | Certain transfers to be null and void |
| 58. | Exemption |
| 59. | Power of Central Government to issue directions, etc |
| 60. | Application of other laws not barred |
| 61. | Offences to be non-cognizable |
| 62. | Offences by companies |
| 63. | Notice, etc, not to be invalid on certain grounds |
| 64. | Protection of action taken in good faith |
| 65. | Transfer of pending cases |
| 66. | Proceedings, etc, against legal representative |
| 67. | Act to have overriding effect |
| 68. | Power to make rules |
| 69. | Laying of rules and notifications before Parliament |
| 70. | Power to remove difficulties |
| 71. | Transitional provision |
| 72. | Repeal and saving |