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.
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 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
CHAPTER VIII MISCELLANEOUS
Section 56 Repeal of provisions of certain Acts
Section 57 Certain transfers to be null and void
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
Administrative Tribunal Act 1985 (CAT Act)
Armed Forces Tribunal Act 2007 (AFT Act)
Benami Transactions (Prohibition) Amendment Act, 2016
Code of Criminal Procedure 1973
Delhi Value Added Tax Act 2004
Employees Provident Funds Miscellaneous Provisions (EPF) Act,1952
Foreign Exchange Management (FEMA) Act 1999
The Hindu Marriage Act 1955 Law - marriage among Hindus
Hindu Adoptions and Maintenance Act 1956
Indian Companies Act 2013, 1956
Indian Penal Code 1860 (IPC) FAQ, Answers & Guidance
National Green Tribunal Act 2010 (NGT)
Negotiable Instruments Act 1881
Prevention of Corruption Act 1988
Protection of Women from Domestic Violence Act 2005
The Representation of People Act 1951
Reserve Bank of India Act 1934
Societies Registration Act 1860
The Real Estate (Regulation and Development) Act, 2016
The Representation of People Act 1951
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014
Whistle Blowers Protection Act 2014
Central Goods and Services Act 2017 (CGST Act 2017)