As per the Uttarakhand Benami Transactions (prohibition) Bill-2016, which was tabled in the House on Thursday and passed on Friday, holding property in benami (unnamed) and recovering or transferring property held benami would be prohibited with strict punishment for the offenders. A mechanism and procedure for the confiscation of such unnamed property has been included in the Act, the State Government claimed. The Bill was passed unanimously in the absence of Opposition on Friday.
The Bill has a provision that if anyone is found guilty of transacting unnamed land he will have to stay in the jail for two years. And in case the complaint is proved wrong the complainant would undergo the same period of imprisonment.
The Government has made it clear that complaints should not be filed to settle personal enmity, things that happen here as elsewhere frequently.
While presenting the Bill, the Parliamentary Affairs Minister Indira Hridayesh said that the Centre is also going to bring such legislation in the coming days. "We are sure that the Bill will check illegal transaction of property in future," she said.
As per the Bill, whosoever is found guilty of the offence of benami transaction would be punishable with imprisonment for two years. Besides, they would also be liable to pay a fine which may extend to 25 percent of the fair market value of the property concerned. Any person who wilfully gives false information to any authority or furnishes any false document in any proceeding under this Act would face imprisonment for a term of two years and would be fined too to the tune of 10 percent of the fair market value of the property concerned.
The Minister said that strict provision has been made so as to ensure that that sale and purchase of anonymous land is reduced. "The Bill authorises the administrator to seize the benami property. It can transfer the seized property within seven days. The Bill has a provision of institution of appellate authority and special court as well," she said.
She further said that the guilty person can appeal before the appellate authority within 45 days. "Against the appellate authority's ruling, he can approach the High Court in 120 days of the issuance of the order of the appellate authority. The State Government can constitute one special court or more in consultation with the Chief Justice," the Minister said.