Prohibition of Benami Property Transactions Act, 1988
Section 13: Service Conditions of Chairperson and Members of Adjudicating Authority - Omitted
Section 13 formerly dealt with the salary, allowances and other service conditions of the Chairperson and Members of the Adjudicating Authority under the benami property law. The provision is no longer in force.
What did Section 13 provide?
Before its omission, Section 13 governed the terms and conditions of service of the Chairperson and other Members of the Adjudicating Authority. In substance, it provided that their salary, allowances and other service conditions would be prescribed by rules, and that a vacancy in the office of the Chairperson or another Member should be filled within three months.
Historical text of Section 13
Sub-section (1): The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Adjudicating Authority were to be such as may be prescribed.
Sub-section (2): A vacancy in the office of the Chairperson or any other Member was to be filled within three months from the date on which the vacancy occurred.
This text is retained only for historical and research reference because Section 13 has been omitted from the current Act.
What is the present position of the Adjudicating Authority?
Under the current Section 7 of the Act, the competent authority authorised under Section 5(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) functions as the Adjudicating Authority for the purposes of the Prohibition of Benami Property Transactions Act, 1988.
The 2021 restructuring also omitted Sections 8 to 17 of the Act. Those provisions had earlier dealt with matters such as the composition and benches of the Adjudicating Authority, its procedure, term of office, service conditions, removal, vacancies and staff.
Meaning of key expressions
Adjudicating Authority: For the current Act, this means the Adjudicating Authority referred to in Section 7. It exercises the jurisdiction, powers and authority conferred by the benami law, including adjudication under Section 26.
Benami property: Broadly, property that is the subject matter of a benami transaction, including proceeds from such property, as defined in Section 2 of the Act.
Prescribed: In statutory drafting, this generally means prescribed by rules made under the Act. The historical Section 13 used this expression for salary, allowances and other service conditions.
Why the omission matters
The omission means that Section 13 should not be presented as a presently operative service-condition provision. For current legal research, readers should refer to the amended Act, particularly Section 7 and the provisions governing the present adjudication framework. The former Section 13 remains relevant when examining the statutory structure that existed before 1 July 2021.
Official source
The current consolidated text can be checked on the official India Code version of the Prohibition of Benami Property Transactions Act, 1988.
Last reviewed: 14 September 2026. This page is for legal information and statutory reference. Readers should verify the latest Act, rules, notifications and binding judicial decisions before relying on the material for a specific case.