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Bharat Law House Pvt Ltd Law Relating To Benami Property Transactions by V S Wahi
About Law relating to Benami Property Transactions Chapter IPreliminary1.Short title, extent and commencement2.DefinitionsChapter IIProhibition of benami transactions3.Prohibition of benami transactions4.Prohibition of the right to recover property held benami5.Property held benami liable to confiscation6.Prohibition on re-transfer of property by benamidarChapter IIIAuthorities7.Adjudicating Authority[8.Composition of Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021][9.Qualifications for appointment of Chairperson and Members.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021] Section[10.Constitution of Benches of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021][11.Power of Adjudicating Authority to regulate its own procedure.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021][12.Term of office of Chairperson and Members of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021][13.Terms and conditions of services of Chairperson and Members of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021][14.Removal of Chairperson and Members of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021][15.Member to act as Chairperson in certain circumstances.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021][16.Vacancies, etc., not to invalidate proceedings of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021][17.Officers and employees of Adjudicating Authority.—Omitted by the Finance Act, 2021, w.e.f. 1-7-2021]18.Authorities and jurisdiction19.Powers of authorities20.Certain officers to assist in inquiry, etc21.Power to call for information22.Power of authority to impound documents23.Power of authority to conduct inquiry, etc. Chapter IVAttachment, Adjudication and Confiscation24.Notice and attachment of property involved in benami transaction25.Manner of service of notice26.Adjudication of benami property27.Confiscation and vesting of benami property28.Management of properties confiscated29.Possession of the propertyChapter VAppellate TribunalSection30.Establishment of Appellate Tribunal31.Composition, etc., of Appellate Tribunal32.Qualifications for appointment of Chairperson and Members of Appellate Tribunal33.Terms and conditions of services of Chairperson and Members of Appellate Tribunal34.Term of office of Chairperson and Members35.Removal of Chairperson and Member from office in certain circumstances36.Vacancies, etc., not to invalidate proceedings of Appellate Tribunal37.Resignation and removal38.Member to act as Chairperson in certain circumstances39.Staff of Appellate Tribunal40.Procedure and powers of Appellate Tribunal41.Distribution of business amongst Benches of Appellate Tribunal42.Power of Chairperson of Appellate Tribunal to transfer cases43.Decision to be by majority44.Members, etc., to be public servants45.Bar of jurisdiction of civil courts46.Appeals to Appellate Tribunal47.Rectification of mistakes48.Right to representation49.Appeal to High CourtChapter VISpecial Courts50.Special Courts51.Application of Code of Criminal Procedure, 1973 to proceedings before Special Court52.Appeal and revisionChapter VIIOffences and ProsecutionSection53.Penalty for Benami transaction54.Penalty for false information54A.Penalty for failure to comply with notices or furnish information54B.Proof of entries in records or documents55.Previous sanctionChapter VIIIMiscellaneous56.Repeal of provisions of certain Acts57.Certain transfers to be null and void58.Exemption59.Power of Central Government to issue directions, etc. 60.Application of other laws not barred61.Offences to be non-cognizable62.Offences by companies63.Notice, etc., not to be invalid on certain grounds64.Protection of action taken in good faith65.Transfer of pending cases66.Proceedings, etc., against legal representative67.Act to have overriding effect68.Power to make rules69.Laying of rules and notifications before Parliament70.Power to remove difficulties71.Transitional provision72.Repeal and savingDivision IIAPPENDICESAppendix 1Benami Transactions (Prohibition) Amendment Act, 2016Appendix 2Amendments made by the Finance (No. 2) Act, 2019Appendix 3Amendments made by the Finance Act, 2020, w.e.f. 1-4-2020Appendix 4Amendments made by the Finance Act, 2021, w.e.f. 1-7-2021Appendix 5Prohibition of Benami Property Transactions Rules, 2016Appendix 6Prohibition of Benami Property Transactions (Conditions of Services of Members of Adjudicating Authority) Rules, 2019Appendix 7The Second Schedule: Procedure for Recovery of TaxAppendix 8Notifications issued under the ActAppendix 9Application of Cr PC to proceedings before Special CourtAppendix 1057th Report of Law Commission on Benami TransactionAppendix 11130th Report of Law Commission on Benami Transaction