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Benami Transactions (Prohibition) Act, 1988 Section 5

Title: Property Held Benami Liable to Acquisition

State: Central

Year: 1988

(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 (I).

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Benami Transactions (Prohibition) Act, 1988 Section 6

Title: Act Not to Apply in Certain Cases

State: Central

Year: 1988

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 transfers for an illegal purpose.

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Benami Transactions (Prohibition) Act, 1988 Section 7

Title: Repeal of Provisions of Certain Acts

State: Central

Year: 1988

(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of the Code of Civil Procedure, 1908 (5 of 1908), and section 281A of the Income-tax Act, 1961 (43 of 1961), are hereby repealed.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 subsection (I) shall affect the continued operation of section 281A of the Income-tax Act, 1961 (43 of 1961), in the State of Jammu and Kashmir.

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Benami Transactions (Prohibition) Act, 1988 Section 8

Title: Power to Make Rules

State: Central

Year: 1988

.....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, as 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.

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