The Prohibition of Benami Property Transactions Act, 1988

75 sections.

• Section 1 — Short title, extent and commencement.
• Section 2 — Definitions.
• 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.
• 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.
• 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.
• 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 cases.
• 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.
• Section 50 — Special Courts.
• Section 51 — Application of Code of Criminal Procedure, 1973 to proceedings before Special Court.
• Section 52 — Appeal and revision.
• Section 53 — Penalty for benami transaction.
• Section 54 — Penalty for false information.
• Section 54A — Penalty for failure to comply with notices or furnish information
• Section 54B — Proof of entries in records or documents.
• Section 55 — Previous sanction.
• Section 55A — Power to tender Immunity from prosecution.
• Section 56 — Repeal of provisions of certain Acts.
• Section 57 — Certain transfers to be null and void.
• Section 58 — Exemption.
• 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.
• Section 71 — Transitional provision.
• Section 72 — Repeal and saving.

Lexace India is a legal-information & technology platform — not a law firm. It does not advertise, solicit work, or provide legal advice, and no advocate–client relationship is created. Bare-act text for general information; verify against the official source.