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Smooth sailing for Bill to seize benami property

Legislation sees no opposition in Lok Sabha; Jaitley says it is one in many steps that NDA has taken to stem the flow of black money.

By: Express News Service | New Delhi | Updated: November 17, 2016 8:16 pm
benami property bill, black money, parliament benami property, parliament bill, jaitley, arun jaitley, finacne minister, black money, nda black money, nda black money restricition, parliament news, india news Jaitley in Parliament on Wednesday. PTI

Lok Sabha on Wednesday passed The Benami Transactions Amendment Bill, 2015, with Finance Minister Arun Jaitley claiming that it was one in the many steps that the government had taken to stem the flow of black money into the economy. The Bill, to check benami transactions, was passed without any opposition.

The Bill, with just nine sections, had been passed by Parliament in 1988 but could never be enforced for lack of provisions in the Act for its implementation. The NDA government, Jaitley said, had chosen to bring an amendment Bill (with 71 sections) instead of a new Bill so that those who entered into benami transactions since 1988 cannot seek exemption.


Moving the Bill for consideration and passage, the minister said the legislation was predominately an anti-black money measure and its purpose is to seize benami property and prosecute those indulging in such activities. “A lot of people who have unaccounted money buy benami property in the name of fictitious persons… These transactions have to be discouraged,” he said.

On concerns expressed by certain members about religious properties or those owned by deities or religious institutions, Jaitley said such bonafide entities will be exempted. “There is Section 58 under the law which clearly states that (properties of) charitable or religious organisation… the government has power to exempt those,” Jaitley said responding to concerns expressed by some members.

RSP MP N K Premachandran raised objections to such exemption, saying this would give an escape route to unscrupulous people, who, he added, would register as religious organisations and buy property in their names.

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In reply, Jaitley said the exemption was granted only to bonafide religious institutions. “If you make any illegal business out of it… if you create a fake religious sect and start keeping benami property, then government won’t exempt it, so please don’t do that,” Jaitley quipped, looking at Premachandran.

Responding to questions on why the government hadn’t come out with a new law, the minister said such a move would have given immunity to persons who acquired benami properties between 1988 and 2016. “The 1988 Act has penal provisions. Penal provisions cannot be applied retrospectively. So if a new Bill was passed in 2016, all those who acquired benami properties before 2016 would be exempt.”

Several members also raised the issue of why the Bill vested the confiscated benami property with the Centre when property was a state subject. Jaitley said that in all Central laws, confiscated property was always vested with the Centre just as in state laws, it was vested with the state.

To fears that the Bill guaranteed no protection to whistleblowers, Jaitley said such concerns would be addressed by the Whistle Blowers (Protection) Act.

He also emphasised that the Bill was not in conflict with the Income Tax Act, as suggested by some members, and was, in fact, supplementary.

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  1. D
    Aug 13, 2017 at 2:52 pm
    1. M
      Jan 6, 2017 at 3:12 pm
      No retrospective action?..then what's the use of this bill. It ll only be working at half its efficiency.
      1. A
        Asis Banerjee
        Nov 14, 2016 at 6:31 am
        Govt.and PSU officers are supposed to submit their 'list of ets' at each year end, and by checking 'list of property' register of 100-150 cities/towns, it will be evident how many other (benami?) properties they have... As the property will be confiscated, the proceeds could be used by the respective states for the development projects of the concerned localities. This is a win-win situation for centre-state and also corrupt PSU or Govt officers could be punished - making way for fresh and honest newcomers.
        1. S
          Sankaran Krishnan
          Jul 28, 2016 at 10:49 am
          If the Govt. can come out with those who are holding the Benami Lands so far across India will give an idea who is holding it and based on that the Govt. can act to get back the benami lands if possible from them. The Benami lands are not hold by ordinary people but by those who are having muscle and money power and with Political clout and is it possible to act against them by the Govt. is the query ????
          1. S
            Aug 2, 2016 at 12:22 pm
            Black money kidar hain budda
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