THE BENAMI TRANSACTIONS (PROHIBITION)
ACT, 1988
Act:
An Act to prohibit benami transactions and the right to recover properly held
benami and for matters corrected therewith or incidental thereto.
BE it enacted by Parliament in the
Thirty-ninth Year of the Republic of India as follows:--
1. Short title, extent and commencement.
- (1) This Act may be called the Benami Transactions (Prohibition) Act, 1988.
(2) It extends to the whole of India
except the State of Jammu and Kashmir.
(3) The provisions of sections 3, 5 and
8 shall come into force at once, and the remaining provisions of this Act shall
be deemed to have come into force on the 19th day of May, 1988.
2. Definitions. - In this Act, unless
the context otherwise requires,--
(a) ~benami transaction~ means any
transaction in which property is transferred to one person for a consideration
paid or provided by another person;
(b) ~prescribed~ means prescribed by
rules made under this Act;
(c) ~property~ means property of any
kind, whether movable or immovable, tangible or intangible, and includes any
right or interest in such property.
3. Prohibition of benami transactions.-
(1) No person shall enter into any benami transaction.
(2) Nothing in sub-section (1) shall
apply to the purchase of property by any person in the name of his wife or
unmarried daughter and it shall be presumed, unless the contrary is proved,
that the said property had been purchased for the benefit of the wife of the
unmarried daughter.
(3) Whoever enters into any benami
transaction shall be punishable with imprisonment for a term which may extend
to three years or with fine or with both.
(4) Notwithstanding anything contained
in the Code of Criminal Procedure, 1973, an offence under this section shall be
non-cognizable and bailable.
4. Prohibition of the right to recover
property held benami. - (1) No suit, claim or action to enforce any right in
respect of any property held benami against the person in whose name the
property is held or against any other person shall lie by or on behalf of a
person claiming to be the real owner of such property.
(2) No defence based on any right in
respect of any property held benami, whether against the person in whose name
the property is held or against any other person, shall be allowed in any suit,
claim or action by or on behalf of a person claiming to be the real owner of
such property.
(3) Nothing in this section shall
apply,--
(a) where the person in whose name the
property is held is a coparcener in a Hindu undivided family and the property
is held for the benefit of the coparceners in the family; or
(b) Where the person in whose name the
property is held is a trustee or other person standing in a fiduciary capacity
and the property is held for the benefit of another person for whom he is a
trustee or towards whom he stands in such capacity.
5. Property of benami liable to
acquisition.- (1) All properties held benami shall be subject to acquisition by
such authority, in such manner and after following such procedure as may be
prescribed.
(2) For the removal of doubts, it is
hereby declared that no amount shall be payable for the acquisition of any
property under sub-section (1).
6.Act not to apply in certain cases.-
Nothing in this Act shall affect the provisions of section 53 of the Transfer
of Property Act, 1882 (4 of 1882.), or any law relating to transfer for an
illegal purpose.
7. Repeal of provisions of certain Acts.
- (1) Sections 81, 82 and 94 of the Indian Trusts Act, 1882 (2 of 1882.),
section 66 of the Code of Civil Procedure, 1908 (5 of 1908.) and section 281A
of the Income-tax Act, 1961 (43 of 1961.), are hereby repealed.
(2) For the removal of doubts, it is
hereby declared that nothing in sub-section (1) shall affect the continued
operation of section 281A of the Income-tax Act, 1961 (43 of 1961.) in the
State of Jammu and Kashmir.
8. Power to make rules.- (1) The
Central Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act.
(2) In particular, and without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:--
(a) The authority competent to acquire
properties under section 5;
(b) The manner in which, and the
procedure to be followed for, the acquisition of properties under section 5;
(c) Any other matter which is required
to be, or may be, prescribed.
(3) Every rule made under this Act
shall be laid, so soon as may be after it is made, before each House of
Parliament, while it is in session for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
9. Repeal and saving. - (1) The Benami
Transactions (Prohibition of the Right of Recover Property) Ordinance, 1988
(Ord.2 of 1988.) is hereby repealed.
(2) Notwithstanding such repeal,
anything done or any action taken under the said Ordinance shall be deemed to
have been or taken under the corresponding provisions of this Act.
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