Bare Act Search Results

Benami Transactions (Prohibition) Act, 1988 Complete Act

State: Central

Year: 1988

..... Explanation-The expressions "depository" and "participant" shall have the meanings respectively assigned to them in clauses (e) and (g) of sub-section (1) of section 2 of the Depositories Act, 1996-] (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 (2 of 1974)-, an offence under this section shall be non-cognizable and bailable. SECTION 04: 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.....

Benami Transactions (Prohibition) Act, 1988 Preamble 1

Title: Benami Transactions (Prohibition) Act, 1988

State: Central

Year: 1988

THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 (Act, No. 45 of 1988) [5th September, 1988] PREAMBLE An Act to prohibit benami transactions and the right to recover property held benami for matters connected there with or incidental thereto. be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:--

Benami Transactions (Prohibition) Act, 1988 Section 3

Title: Prohibition of Benami Transactions

State: Central

Year: 1988

(1) No person shall enter into any benami transaction. [(2) Nothing in sub-section (1) shall apply to -- (a) 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 or the unmarried daughter; (b) the securities held by a-- (i) depository as a registered owner under sub-section (1) of section 10 of the Depositories Act, 1996; (ii) participant as an agent of a depository. Explanation.--The expressions "depository" and "Participants" shall have the meanings respectively assigned to them in clauses (e) and (g) of sub-section (1) of section 2 of the Depositories Act, 1996.] (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 (2 of 1974) an offence under this section shall be non-cognizable and bailable.

Benami Transactions (Prohibition) Act, 1988 Complete Act

Title: Benami Transactions (Prohibition) Act, 1988

State: Central

Year: 1988

Preamble1 - BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Prohibition of benami transactions Section4 - Prohibition of the right to recover property held benami Section5 - Property held benami liable to acquisition Section6 - Act not to apply in certain cases Section7 - Repeal of provisions of certain Acts Section8 - Power to make rules Section9 - Repeal and saving

Election Commission (Condition of Service of Election Commissions and Transaction of Business) Act, 1991 Complete Act

State: Central

Year: 1991

.....01: SHORT TITLE This Act may be called 2[the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business)] Act, 1991. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires, " (a) "Chief Election Commissioner" means the Chief Election Commissioner appointed under article 324 of the Constitution: 3[(b) "Election Commission" means the Election Commission referred to In article 324 of the Constitution:] (c) "Election Commissioner" means any other Election Commissioner appointed under Article 324 of the Constitution. SECTION 03: SALARY [(1)] There shall be paid to the Chief Election Commissioner 5[and other Election Commissioners] a salary which Is equal to the salary of a judge of the Supreme Court 6[* * * *] Provided that If a person who, immediately before the date of assuming office as the Chief Election Commissioner or, as the case may be, an Election Commissioner, was in receipt of or, being eligible so to do. had elected to draw, a pension (other than a disability or wound pension) In respect of any previous service under the Government of the Union or under the Government of a State, his salary in respect of.....

Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 Complete Act

State: Central

Year: 1992

.....officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. SECTION 13: ACT TO HAVE OVERRIDING EFFECT The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this Act, or in any decree or order of any court Tribunal or other authority. SECTION 14: POWER TO MAKE RULES (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) Every rule made by the Central Government 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.....

Special Court (Trial of Offences Relating to Transactions in Securities) Rules, 1992 Complete Act

State: Central

Year: 1992

.....is involved in an offence] referred to in sub-section (2) of section 3-of the 3[Act], he may proceed to notify the name of the person under that sub-section. RULE 05: DUTY OF CUSTODIAN It shall be the duty of the Custodian to furnish to the Central Government a monthly return in the form appended to these rules, and such other statements and information relating to or connected with the functions of Custodian specified in sections 3-and4-of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, as the Central Government may require from time to time.] FORM 1 FORM (1) Names of the persons notified by the Custodian under section 3-of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, up to the last day of the preceding month (2) Names of the persons notified under section 3-during the month (3) Total number of persons notified [total of ( 1 )+ (2)] (4) Details of properties attached (give separate details for movable and immovable property in respect of each notified person) up to the last day of the preceding month (5) Properties attached (give details of movable and immovable property separately in respect.....

Benami Transactions (Prohibition) Act, 1988 Section 2

Title: Definitions

State: Central

Year: 1988

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.

Benami Transactions (Prohibition) Act, 1988 Section 9

Title: Repeal and Saving

State: Central

Year: 1988

(1) The Benami Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988 (Ordinance 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 done or taken under the corresponding provisions of this Act.

Benami Transactions (Prohibition) Act, 1988 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1988

(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.