JAMMU
AND KASHMIR PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 2018 [REPEALED]
Preamble - JAMMU AND KASHMIR PROHIBITION OF BENAMI PROPERTY
TRANSACTIONS ACT, 2018 [REPEALED]
THE JAMMU AND KASHMIR PROHIBITION OF BENAMI PROPERTY TRANSACTIONS
ACT, 2018 [REPEALED]
[Act No. 43 of 2018]
[13th December, 2018]
PREAMBLE
An Act to prohibit benami transactions and the right to recover
property held benami and for matters connected therewith or incidental thereto.
In exercise of the powers
vested under Proclamation No. P-1/18 of 2018 dated 20th of June, 2018, the
Governor is pleased to enact as follows:--
Section 1 - Short title and commencement
(1)
This Act may be called the Jammu and Kashmir Prohibition of Benami
Property Transactions Act, 2018.
(2)
It shall come into force from the date of its publication in the
Government Gazette.
Section 2 - Definitions
In this Act, unless the
context otherwise requires,--
(1)
"Act" means the Jammu and Kashmir Prohibition of Benami
Property Transactions Act, 2018;
(2)
"Adjudicating Authority" means the Adjudicating
Authority appointed under section 7;
(3)
"Administrator" means an Officer to be appointed as
Administrator by the Government by a notification in the Government Gazette;
(4)
"Appellate Tribunal" means the Appellate Tribunal
established under section 30;
(5)
"Approving Authority" means an Officer to be appointed
by the Government by notification in the Government Gazette;
(6)
"attachment" means the prohibition of transfer,
conversion, disposition or movement of property, by an order issued under this
Act;
(7)
"authority" means an authority referred to in
sub-section (1) of section 18;
(8)
"banking company" means a company to which the
provisions of the Banking Regulation Act, 1949 (Central Act No. 10 of 1949)
applies and includes any bank or banking institution referred to in section 51
of that Act;
(9)
"benami property" means any property which is the
subject matter of a benami transaction and also includes the proceeds from such
property;
(10)
"benami transaction" means,--
(A)
a transaction or an arrangement?
(a)
where a property is transferred to, or is held by, a person, and
the consideration for such property has been provided, or paid by, another
person; and
(b)
the property is held for the immediate or future benefit, direct
or indirect, of the person who has provided the consideration, except when the
property is held by?
(i)
a Karta, or a member of a Hindu undivided family, as the case may
be, and the property is held for his benefit or benefit of other members in the
family and the consideration for such property has been provided or paid out of
the known sources of the Hindu undivided family;
(ii)
a person standing in a fiduciary capacity for the benefit of
another person towards whom he stands in such capacity and includes a trustee,
executor, partner, director of a company, a depository or a participant as an
agent of a depository under the Depositories Act, 1996 (Central Act No. 22 of
1996) and any other person as may be notified by the Government for this
purpose;
(iii)
any person being an individual in the name of his spouse or in the
name of any child of such individual and the consideration for such property
has been provided or paid out of the known sources of the individual;
(iv)
any person in the name of his brother or sister or lineal
ascendant or descendant, where the names of brother or sister or lineal
ascendant or descendant and the individual appear as joint owners in any
document, and the consideration for such property has been provided or paid out
of the known sources of the individual; or
(B) a
transaction or an arrangement in respect of a property carried out or made in a
fictitious name; or
(C) a
transaction or an arrangement in respect of a property where the owner of the
property is not aware of, or, denies knowledge of, such ownership;
(D)
a transaction or an arrangement in respect of a property where the
person providing the consideration is not traceable or is fictitious;
(11) "benamidar"
means a person or a fictitious person, as the case may be, in whose name the
benami property is transferred or held and includes a person who lends his
name;
(12) "Bench"
means a Bench of the Adjudicating Authority or the Appellate Tribunal, as the
case may be;
(13) "beneficial
owner" means a person, whether his identity is known or not, for whose
benefit the benami property is held by a benamidar;
(14) "director"
shall have the same meaning as assigned to it in clause (34) of section 2 of
the Companies Act, 2013 (18 of 2013);
(15) "executor"
means a person to whom the execution of the last will of a deceased person is,
by the testator's appointment, codified;
(16)
"fair market value", in relation to a property, means?
(i)
the price that the property would ordinarily fetch on sale in the
open market on the date of the transaction; and
(ii)
where the price referred to in sub-clause (i) is not
ascertainable, such price as may be determined in accordance with such manner
as may be prescribed;
(17) "firm"
shall have the same meaning as assigned to it in section 4 of the Jammu and
Kashmir State Partnership Act, Samvat 1996 and shall include a limited
liability partnership as defined in the Limited Liability Partnership Act, 2008
(Central Act No. 6 of 2009);
(18) "Government"
means the Government of Jammu and Kashmir;
(19) "High
Court" means the High Court of Jammu and Kashmir;
(20) "Initiating
Officer" means an Officer appointed as Initiating Officer by the
Government by notification in the Government Gazette;
(21) "Member"
means the Chairperson or the Member of the Adjudicating Authority or the
Appellate Tribunal, as the case may be;
(22) "notification"
means a notification published in the Government Gazette and the expression
"notified" shall be construed accordingly;
(23)
"partner" shall have the same meaning as assigned to it
in section 4 of the Jammu and Kashmir State Partnership Act, Samvat 1996, and
shall include,--
(a)
any person who, being a minor, has been admitted to the benefits
of partnership; and
(b)
a partner of a limited liability partnership formed and registered
under the Limited Liability Partnership Act, 2008 (Central Act No. 6 of 2009);
(24) "partnership"
shall have the same meaning as assigned to it in section 4 of the Jammu and
Kashmir State Partnership Act, Samvat, 1996 and shall include a limited
liability partnership formed and registered under the Limited Liability
Partnership Act, 2008 (Central Act No. 6 of 2009);
(25)
"person" shall include?
(i)
an individual;
(ii)
a Hindu undivided family;
(iii)
a company;
(iv)
a firm;
(v)
an association of persons or a body of individuals, whether
incorporated or not;
(vi)
every artificial juridical person, not falling under sub-clauses
(i) to (v);
(26) "prescribed"
means prescribed by rules made under this Act;
?
(27) "property"
means assets of any kind, whether movable or immovable, tangible or intangible,
corporeal or incorporeal and includes any right or interest or legal documents
or instruments evidencing title to or interest in the property and where the
property is capable of conversion into some other form, then the property in
the converted form and also includes the proceeds from the property;
(28) "public
financial institution" shall have the same meaning as assigned to it in
clause (72) of section 2 of the Companies Act, 2013 (Central Act No. 18 of
2013);
(29) "Special
Court" means a Court of Session designated as Special Court under
sub-section (1) of section 50;
(30) "transfer"
includes sale, purchase or any other form of transfer of right, title,
possession or lien;
(31) "trustee"
means the trustee as defined in section 3 of the Trusts Act, Samvat, 1977;
(32)
words and expressions used herein and not defined in this Act but
defined in the Trusts Act, Samvat, 1977, the Jammu and Kashmir State
Partnership Act, Samvat 1996, the Income Tax Act, 1961 (Central Act No. 43 of
1961), the Depositories Act, 1996 (Central Act No. 22 of 1996), the Prevention
of Money-Laundering Act, 2002 (Central Act No. 15 of 2003), the Limited
Liability Partnership Act, 2008 (Central Act No. 6 of 2009) and the Companies
Act, 2013 (Central Act No. 18 of 2013), shall have the same meanings
respectively assigned to them in those Acts.
Section 3 - Prohibition of benami transactions
(1)
No person shall enter into any benami transaction.
(2)
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.
Section 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.
Section 5 - Property held benami liable to confiscation
Any property, which is
subject matter of benami transaction, shall be liable to be confiscated by the
Government.
Section 6 - Prohibition on re-transfer of property by benamidar
(1)
No person, being a benamidar shall re-transfer the benami property
held by him to the beneficial owner or any other person acting on his behalf.
(2)
Where any property is re-transferred in contravention of the
provisions of sub-section (1), the transaction of such property shall be deemed
to be null and void.
Section 7 - Adjudicating Authority
The Government shall, by
notification, appoint one or more Adjudicating Authorities to exercise jurisdiction,
powers and authority conferred by or under this Act.
Section 8 - Composition of Authority
An Adjudicating Authority
shall consist of a Chairperson and at least two other Members.
Section 9 - Qualifications for appointment of Chairperson and Members
(1)
A person shall not be qualified for appointment as the Chairperson
or a Member of the Adjudicating Authority unless he,--
(a)
has been a member of the all India Service or the Jammu and
Kashmir Administrative Service and has held the post of Secretary to Government
or equivalent in these services; or
(b)
has been a member of the Jammu and Kashmir Legal (Gazetted)
Service and has held the post of Secretary to Government in that Service.
(2)
The Chairperson and other Members of the Adjudicating Authority
shall be appointed by the Government on the recommendation of a
Search-cum-Selection Committee consisting of the following:
|
(a)
|
Chief Secretary
|
Chairperson
|
|
(b)
|
Administrative Secretary, Home
Department
|
Member
|
|
(c)
|
Administrative Secretary, General
Administration Department
|
Member
|
|
(d)
|
Administrative Secretary, Department
of Law, Justice and Parliamentary Affairs
|
Member
|
(3) The
Government shall appoint the senior most Member to be the Chairperson of the
Adjudicating Authority.
Section 10 - Constitution of Benches of Adjudicating Authority
(1)
Subject to the provisions of this Act,--
(a)
the jurisdiction of the Adjudicating Authority may be exercised by
Benches thereof;
(b)
a Bench may be constituted by the Chairperson of the Adjudicating
Authority with two Members, as the Chairperson may deem fit;
(c)
the Benches of the Adjudicating Authority shall ordinarily sit at
such other places as the Government may, in consultation with the Chairperson,
by notification, specify;
(d)
the Government shall, by notification, specify the areas in
relation to which each Bench of the Adjudicating Authority may exercise
jurisdiction.
(2)
Notwithstanding anything contained in sub-section (1), the
Chairperson may transfer a Member from one Bench to another Bench.
Section 11 - Power of Adjudicating Authority to regulate its own procedure
The Adjudicating Authority
shall not be bound by the procedure laid down by the Code of Civil Procedure,
Samvat 1977, but shall be guided by the principles of natural justice and,
subject to the other provisions of this Act, the Authority shall have powers to
regulate its own procedure.
Section 12 - Term of office of Chairperson and Members of Adjudicating Authority
The Chairperson and Members
of the Adjudicating Authority shall hold office for a term not exceeding five
years from the date on which they enter upon their office, or until they attain
the age of sixty five years, whichever is earlier and shall not be eligible for
reappointment.
Section 13 - Terms and conditions of services of Chairperson and Members of Adjudicating Authority
(1)
The salary and allowances payable to, and the other terms and
conditions of service of the Chairperson and other Members of the Adjudicating
Authority shall be such as may be prescribed, but shall not be less than that
of the Secretary to Government.
(2)
Any vacancy caused to the office of the Chairperson or any other
Member shall be filled up within a period of three months from the date on
which such vacancy occurs.
Section 14 - Removal of Chairperson and Members of Adjudicating Authority
(1)
The Government may, by order, remove from office, the Chairperson
or other Members of the Adjudicating Authority, if the Chairperson or such
other Member, as the case may be,--
(a)
has been adjudged as an insolvent; or
(b)
has been convicted of an offence, involving moral turpitude; or
(c)
has become physic ally or mentally incapable of acting as a
Member; or
(d)
has acquired such financial or other interest as is likely to
affect prejudicially his functions; or
(e)
has so abused his position as to render his continuance in office
prejudicial to the public interest.
(2)
No Chairperson or Member shall be removed from his office under
clause (d) or clause (e) of sub-section (1) unless he has been given a
reasonable opportunity of being heard in the matter.
Section 15 - Member to act as Chairperson in certain circumstances
(1)
In the event of the occurrence of any vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the senior most
Member shall act as the Chairperson of the Adjudicating Authority until the
date on which a new Chairperson, appointed in accordance with the provisions of
this Act to fill such vacancy, enters upon his office.
(2)
When the Chairperson is unable to discharge his functions owing to
absence, illness or any other cause, the senior most Member shall discharge the
functions of the Chairperson until the date on which the Chairperson resumes
his duties.
Section 16 - Vacancies, etc., not to invalidate proceedings of Adjudicating Authority
No act or proceeding of the
Adjudicating Authority shall be invalid merely by reason of--
(a)
any vacancy in, or any defect in the constitution of the
Authority; or
(b)
any defect in the appointment of a person acting as a Member of
the Authority; or
(c)
any irregularity in the procedure of the Authority not affecting
the merits of the case.
Section 17 - Officers and employees of Adjudicating Authority
(1)
The Government shall provide each Adjudicating Authority with such
officers and employees as that Government may think fit.
(2)
The officers and employees of the Adjudicating Authority shall
discharge their functions under the general superintendence of the Chairperson
of the Adjudicating Authority.
Section 18 - Authorities and jurisdiction
(1)
The following shall be the authorities for the purposes of this
Act, namely:--
(a)
the Initiating Officer;
(b)
the Approving Authority;
(c)
the Administrator; and
(d)
the Adjudicating Authority.
(2)
The authorities shall exercise all or any of the powers and
perform all or any of the functions conferred on, or, assigned, as the case may
be, to it under this Act or in accordance with such rules as may be prescribed.
Section 19 - Powers of authorities
(1)
The authorities shall, for the purposes of this Act, have the same
powers as are vested in a civil court under the Code of Civil Procedure,
Samvat, 1977, while trying a suit in respect of the following matters,
namely:--
(a)
discovery and inspection;
(b)
enforcing the attendance of any person, including any official of
a banking company or a public financial institution or any other intermediary
or reporting entity, and examining him on oath;
(c)
compelling the production of books of account and other documents;
(d)
issuing commissions;
(e)
receiving evidence on affidavits; and
(f)
any other matter which may be prescribed.
(2) All the
persons summoned under sub-section (1) shall be bound to attend in person or
through authorized agents, as any authority under this Act may direct, and
shall be bound to state the truth upon any subject respecting which they are
examined or make statements, and produce such documents as may be required.
(3) Every
proceeding under sub-section (1) or sub-section (2) shall be deemed to be a
judicial proceeding within the meaning of section 193 and section 228 of the
State Ranbir Penal Code, Samvat 1989.
(4) For the
purposes of this Act, any authority under this Act may requisition the service
of any police officer or of any officer of the Government or of both to assist
him for all or any of the purposes specified in sub-section (1), and it shall
be the duty of every such officer to comply with the requisition or direction.
(5)
For the purposes of this section, "reporting entity"
means any intermediary or any authority or the Government or any other person
as may be notified in this behalf.
Explanation.--For the purposes of
sub-section (5), "intermediary" shall have the same meaning as
assigned to it in clause (n) of sub-section (1) of section 2 of the Prevention
of Money-Laundering Act, 2002 (Central Act 15 of 2003).
Section 20 - Certain officers to assist in inquiry, etc
Such officers of the
Government, local authorities or banking companies, as the Government may, by
notification, specify in this behalf shall assist the authorities in the
enforcement of this Act.
Section 21 - Power to call for information
(1)
The Initiating Officer or the Approving Authority or the
Adjudicating Authority shall have power to require any officer of the
Government or a local body or any person or officer who is responsible for
registering and maintaining books of account or other documents containing a
record of any transaction relating to any property or any other person to
furnish any information in relation to any person, point or matter as in his
opinion shall be useful for or relevant for the purposes of this Act.
(2)
Without prejudice to sub-section (1), every officer or person referred
to in sub-section (1) shall furnish such information to any authority under
this Act in such form and manner as may be prescribed.
Section 22 - Power of authority to impound documents
(1) Where any
books of account or other documents are produced before the authority in any
proceedings under this Act and the authority in this behalf has reason to
believe that any of the books of account or other documents are required to be
impounded and retained for any inquiry under this Act, it may impound and
retain the books of account or other documents for a period not exceeding three
months from the date of order of attachment made by the Adjudicating Authority
under sub-section (3) of section 26:
Provided that the period
for retention of the books of account or other documents may be extended beyond
a period exceeding three months from the date of order of attachment made by
the Adjudicating Authority under sub-section (3) of section 26 where the
authority records in writing the reasons for extending the same.
(2) Where the
authority impounding and retaining the books of account or other documents,
under sub-section (1) is the Initiating Officer, he shall obtain approval of
the Approving Authority within a period of fifteen days from the date of
initial impounding and seek further approval of the Approving Authority for
extending the period of initial retention, before the expiry of the period of
initial retention, if so required.
(3) The
period of retention of the books of account or other documents under sub-sect
ion (1) shall in no case exceed a period of thirty days from the date of
conclusion of all the proceedings under this Act.
(4) The
person, from whom the books of account or other documents were impounded under
sub-section (1), shall be entitled to obtain copies thereof.
(5)
On the expiry of the period specified under sub-section (1), the
books of account or other documents shall be returned to the person from whom
such books of account or other documents were impounded unless the Approving
Authority or the Adjudicating Authority permits their release to any other
person.
Section 23 - Power of authority to conduct inquiry, etc
The Initiating Officer,
after obtaining prior approval of the Approving Authority, shall have power to
conduct or cause to be conducted any inquiry or investigation in respect of any
person, place, property, assets, documents, books of account or other
documents, in respect of any other relevant matters under this Act.
Section 24 - Notice and attachment of property involved in benami transaction
(1)
Where the Initiating Officer, on the basis of material in his
possession, has reason to believe that any person is a benamidar in respect of
a property, he may, after recording reasons in writing, issue a notice to the
person to show cause within such time as may be specified in the notice why the
property should not be treated as benami property.
(2)
Where a notice under sub-section (1) specifies any property as
being held by a benamidar ref erred to in that sub-section, a copy of the
notice shall also be issued to the beneficial owner if his identity is known.
(3)
Where the Initiating Officer is of the opinion that the person in
possession of the property held benami may alienate the property during the
period specified in the notice, he may, with the previous approval of the
Approving Authority, by order in writing, attach provisionally the property in
the manner as may be prescribed, for a period not exceeding ninety days from
the date of issue of notice under sub-section (1).
(4)
The Initiating Officer, after making such inquires and calling for
such reports or evidence as he deems fit and taking into account all relevant
materials, shall, within a period of ninety days from the date of issue of
notice under sub-section (1),--
(a)
where the provisional attachment has been made under subsection
(3),-
(i)
pass an order continuing the provisional attachment of the property
with the prior approval of the Approving Authority, till the passing of the
order by the Adjudicating Authority under sub-section (3) of section 26; or
(ii)
revoke the provisional attachment of the property with the prior
approval of the Approving Authority;
(b)
where provisional attachment has not been made under subsection
(3),-
(i)
pass an order provisionally attaching the property with the prior
approval of the Approving Authority, till the passing of the order by the
Adjudicating Authority under sub-section (3) of section 26; or
(ii)
decide not to attach the property as specified in the notice, with
the prior approval of the Approving Authority.
(5)
Where the Initiating Officer passes an order continuing the
provisional attachment of the property under sub-clause (i) of clause (a) of
sub-section (4) or passes an order provisionally attaching the property under
sub-clause (i) of clause (b) of that sub-section, he shall, within fifteen days
from the date of the attachment, draw up a statement of the case and refer it
to the Adjudicating Authority.
Section 25 - Manner of service of notice
(1)
A notice under sub-section (1) of section 24 may be served on the
per son named therein either by post or as if it were a summons issued by a
Court under the Code of Civil Procedure, Samvat 1977.
(2)
Any notice referred to in sub-section (1) may be addressed?
(i)
in case of an individual, to such individual;
(ii)
in the case of a firm, to the managing partner or the manager of
the firm;
(iii)
in the case of a Hindu undivided family, to Karta or any member of
such family;
(iv)
in the case of a company, to the principal officer thereof;
(v)
in the case of any other association or body of individuals, to
the principal officer or any member thereof;
(vi)
in the case of any other person (not being an individual), to the
person who manages or controls his affairs.
Section 26 - Adjudication of benami property
(1)
On receipt of a reference under sub-section (5) of section 24, the
Adjudicating Authority shall issue notice, to furnish such documents,
particulars or evidence as is considered necessary on a date to be specified
therein, on the following persons, namely:--
(a)
the person specified as a benamidar therein;
(b)
any person ref err ed to as the beneficial owner therein or
identified as such;
(c)
any interested party, including a banking company;
(d)
any person who has made a claim in respect of the property:
Provided that the
Adjudicating Authority shall issue notice within a period of thirty days from
the date on which a reference has been received:
Provided further that the
notice shall provide a period of not less than thirty days to the person to
whom the notice is issued to furnish the information sought.
(2) Where the
property is held jointly by more than one person, the Adjudicating Authority
shall make all endeavours to serve notice to all persons holding the property:
Provided that where the
notice is served on anyone of the persons, the service of notice shall not be
invalid on the ground that the said notice was not served to all the persons
holding the property.
(3)
The Adjudicating Authority shall, after?
(a)
considering the reply, if any, to the notice issued under
sub-section (1);
(b)
making or causing to be made such inquiries and calling for such
reports or evidence as it deems fit; and
(c)
taking into account all relevant materials, provide an opportunity
of being heard to the person specified as a benamidar therein, the Initiating
Officer, and any other person who claims to be the owner of the property, and,
thereafter, pass an order?
(i)
holding the property not to be a benami property and revoking the
attachment order; or
(ii)
holding the property to be a benami property and confirming the
attachment order, in all other cases.
(4) Where the
Adjudicating Authority is satisfied that some part of the properties in respect
of which reference has been made to him is benami property, but is not able to
specifically identify such part, he shall record a finding to the best of his
judgment as to which part of the properties is held benami.
(5) Where in
the course of proceedings before it, the Adjudicating Authority has reason to
believe that a property, other than a property referred to it by the Initiating
Officer is benami property, it shall provisionally attach the property and the
property shall be deemed to be a property referred to it on the date of receipt
of the reference under sub-section (5) of section 24.
(6)
The Adjudicating Authority may, at any stage of the proceedings,
either on the application of any party, or suo motu, strike out the name of any
party improperly joined or add the name of any person whose presence before the
Adjudicating Authority may be necessary to enable him to adjudicate upon and
settle all the questions involved in the reference.
(7) No order
under sub-section (3) shall be passed after the expiry of one year from the end
of the month in which the reference under sub-section (5) of section 24 was
received.
(8)
The benamidar or any other person who claims to be the owner of
the property may either appear in person or take the assistance of an
authorized representative of his choice to present his case.
Explanation.--For the
purposes of sub-section (8), authorized representative means a person
authorized in writing, being--
(i)
a person related to the benamidar or such other person in any
manner, or a person regularly employed by the benamidar or such other person as
the case may be; or
(ii)
any officer of a scheduled bank with which the benamidar or such
other person maintains an account or has other regular dealings; or
(iii)
any le gal practitioner who is entitled to practice in any civil
court in India; or
Section 27 - Confiscation and vesting of benami property
(1) Where an
order is passed in respect of any property under sub-section (3) of section 26
holding such property to be a benami property, the Adjudicating Authority
shall, after giving an opportunity of being heard to the person concerned, make
an order confiscating the property held to be a benami property:
Provided that where an
appeal has been filed against the order of the Adjudicating Authority, the
confiscation of property shall be made subject to the order passed by the
Appellate Tribunal under section 46:
Provided further that the
confiscation of the property shall be made in accordance with such procedure as
may be prescribed.
(2) Nothing
in sub-section (1) shall apply to a property held or acquired by a person from
the benamidar for adequate consideration, prior to the issue of notice under
sub-section (1) of section 24 without his having knowledge of the benami
transaction.
(3)
Where an order of confiscation has been made under subsection (1),
all the rights and title in such property shall vest absolutely in the
Government free of all encumbrances and no compensation shall be payable in
respect of such confiscation.
(4) Any right
of any third person created in such property with a view to defeat the purposes
of this Act shall be null and void.
(5)
Where no order of confiscation is made upon the proceedings under
this Act attaining finality, no claim shall lie against the Government.
Section 28 - Management of properties confiscated
(1)
The Administrator shall have the power to receive and manage the property,
in relation to which an order of confiscation under sub-section (1) of section
27 has been made, in such manner and subject to such conditions, as may be
prescribed.
(2)
The Government may, by order published in the Government Gazette,
notify as many of its officers as it thinks fit, to perform the functions of
Administrators.
(3)
The Administrator shall also take such measures, as the Government
may direct, to dispose of the property which is vested in the Government under
sub-section (3) of section 27, in such manner and subject to such conditions as
may be prescribed.
Section 29 - Possession of the property
(1)
Where an order of confiscation in respect of a property under
sub-section (1) of section 27, has been made, the Administrator shall proceed
to take the possession of the property.
(2)
The Administrator shall,--
(a)
by notice in writing, order within seven days of the date of the
service of notice to any person, who may be in possession of the benami
property, to surrender or deliver possession thereof to the Administrator or
any other person duly authorised in writing by him in this behalf;
(b)
in the event of non-compliance of the order referred to in clause
(a), or if in his opinion, taking over of immediate possession is warranted,
for the purpose of forcibly taking over possession, requisition the service of
any police officer to assist him and it shall be the duty of the officer to
comply with the requisition.
Section 30 - Establishment of Appellate Tribunal
The Government shall, by notification,
establish an Appellate Tribunal to hear appeals against the orders of the
Adjudicating Authority under this Act.
Section 31 - Composition etc., of Appellate Tribunal
(1) The
Appellate Tribunal shall consist of a Chairperson and at least two other
Members of which one shall be a Judicial Member and other shall be an
Administrative Member. The Chairperson and the Members of the Appellate
Tribunal shall be appointed by the Government on the recommendation of a
Search-cum-Selection Committee consisting of the following:--
|
(a)
|
Chief Secretary
|
Chairperson
|
|
(b)
|
Administrative Secretary, Home
Department
|
Member
|
|
(c)
|
Administrative Secretary, General
Administration Department
|
Member
|
|
(d)
|
Administrative Secretary, Department
of Law, Justice and Parliamentary Affairs
|
Member
|
(2)
Subject to the provisions of this Act,--
(a)
the jurisdiction of the Appellate Tribunal may be exercised by
Benches thereof;
(b)
a Bench may be constituted by the Chairperson with two Members as
the Chairperson may deem fit;
(c)
the Benches of the Appellate Tribunal shall ordinarily sit at the
seat of the Government and at such other places as the Government may, in
consultation with the Chairperson, by notification, specify;
(d)
the Government shall, by notification, specify the areas in
relation to which each Bench of the Appellate Tribunal may exercise its
jurisdiction.
(3)
Notwithstanding anything contained in sub-section (2), the
Chairperson may transfer a Member from one Bench to another Bench.
Section 32 - Qualifications for appointment of Chairperson and Members of Appellate Tribunal
(1)
A person shall not be qualified for appointment as Chairperson of
the Appellate Tribunal unless he is a sitting or retired Judge of a High Court,
who has completed not less than five years of service.
(2)
A person shall not be qualified for appointment as a Member unless
he?
(a)
in the case of a Judicial Member, has been a Member of the Jammu
and Kashmir Legal (Gazetted) Service and has held the post of Secretary in that
Service;
(b)
in the case an Administrative Member, has been a Member of All
India Service or the Jammu and Kashmir Administrative Services and has held the
post of the Commissioner/Secretary to the Government or equivalent.
(3) No
sitting Judge of a High Court shall be appointed under this section except
after consultation with the Chief Justice of the High Court.
(4)
The Chairperson or a Member holding a post as such in any other
Tribunal, established under any law for the time being in force, in addition to
his being the Chairperson or a Member of that Tribunal, may be appointed as the
Chairperson or a Member, as the case may be, of the Appellate Tribunal under
this Act.
Section 33 - Terms and conditions of services of Chairperson and Members of Appellate Tribunal
(1)
The salary and allowances payable to, and the other terms and
conditions of service of the Chairperson and other Members shall be such as may
be prescribed but shall not be less than that of the Commissioner/Secretary and
shall not be varied to their disadvantage during their tenure.
(2)
Any vacancy caused to the office of the Chairperson or any other
Member shall be filled up within a period of three months from the date on
which such vacancy occurs.
Section 34 - Term of office of Chairperson and Members
The Chairperson and Members
of the Appellate Tribunal shall hold office for a term not exceeding five years
from the date on which they enter upon their office, or until they attain the
age of sixty-five years, whichever is earlier and shall not be eligible for reappointment.
Section 35 - Removal of Chairperson and Member from office in certain circumstances
(1)
The Government may, in consultation with the Chief Justice of High
Court, remove from office the Chairperson or any Member, who?
(a)
has been adjudged as an insolvent; or
(b)
has been convicted of an offence which, in the opinion of the
Government involves moral turpitude; or
(c)
has become physically or mentally incapable; or
(d)
has acquired such financial or other interest as is likely to
affect prejudicially his functions; or
(e)
has so abused his position as to render his continuance in office
prejudicial to the public interest.
(2) The
Chairperson or Judicial Member shall not be removed from his office except by
an order made by the Government after an inquiry made by the Chief Justice of
the High Court in which the Chairperson or Judicial Member has been informed of
the charges against him and given a reasonable opportunity of being heard in
respect of those charges.
(3) The
Government may suspend from office the Chairperson or Judicial Member in
respect of whom a reference of conducting an inquiry has been made to the Chief
Justice of the High Court under sub-section (2), until the Government passes an
order on receipt of the report of inquiry made by Chief Justice of the High
Court on the reference.
(4)
The Government may regulate the procedure for inquiry referred to
in sub-section (2) in the manner as may be prescribed.
(5)
office by an order of the Government on the grounds specified in
sub-section (1) and in accordance with the procedure notified by the
Government:
Provided that the
Administrative Member shall not be removed unless he has been given an
opportunity of being heard in the matter.
Section 36 - Vacancies, etc., not to invalidate proceedings of Appellate Tribunal
No act or proceeding of the
Appellate Tribunal shall be invalid merely by reason of--
(a)
any vacancy in, or any defect in the constitution of the Tribunal;
or
(b)
any defect in the appointment of a person acting as a Member of the
Tribunal; or
(c)
any irregularity in the procedure of the Tribunal not affecting
the merits of the case.
Section 37 - Resignation and removal
The Chairperson or any
other Member may, by notice in writing under his hand addressed to the
Government, resign his office:
Provided that the
Chairperson or any other Member shall, unless he is permitted by the Government
to relinquish his office sooner, continue to hold office until the expiry of
three months from the date of receipt of the notice or until a person duly
appointed as his successor enters upon his office or until the expiry of his
term of office, whichever is earlier.
Section 38 - Member to act as Chairperson in certain circumstances
(1)
In the event of the occurrence of any vacancy in the office of the
Chairperson of the Appellate Tribunal by reason of his death, resignation or
otherwise, the senior-most Member shall act as the Chairperson until the date
on which a new Chairperson, appointed in accordance with the provisions of this
Act to fill such vacancy, enters upon his office.
(2)
When the Chairperson is unable to discharge his functions owing to
absence, illness or any other cause, the senior-most Member shall discharge the
functions of the Chairperson until the date on which the Chairperson resumes
his duties.
Section 39 - Staff of Appellate Tribunal
(1)
The Government shall provide the Appellate Tribunal with such
officers and employees as it may think fit.
(2)
The officers and employees of the Appellate Tribunal shall
discharge their functions under the general superintendence of the Chairperson.
(3)
The salaries and allowances and other conditions of service of the
officers and employees of the Appellate Tribunal shall be such, as may be
prescribed.
Section 40 - Procedure and powers of Appellate Tribunal
(1)
The Appellate Tribunal shall not be bound by the procedure laid
down by the Code of Civil Procedure, Samvat 1977, but shall be guided by the
principles of natural justice and, subject to the other provisions of this Act,
the Appellate Tribunal shall have powers to regulate its own procedure.
(2)
The Appellate Tribunal shall, for the purposes of discharging its
functions under this Act, have the same powers as are vested in a civil court
under the Code of Civil Procedure, Samvat 1977, while trying a suit, in respect
of the following matters, namely:--
(a)
summoning and enforcing the attendance of any person and examining
him on oath;
(b)
requiring the discovery and production of documents;
(c)
receiving evidence on affidavits;
(d)
subject to the provisions of sections 123 and 124 of the Evidence
Act, Samvat 1977, requisitioning any public record or document or copy of such
record or document from any office;
(e)
issuing commissions for the examination of witnesses or documents;
(f)
reviewing its decisions;
(g)
dismissing a representation for default or deciding it ex-parte;
(h)
setting aside any or der of dismissal of any representation for
default or any order passed by it ex-parte; and
(i)
any other matter, which may be, prescribed by the Government.
(3) An order
made by the Appellate Tribunal under this Act shall be executable by it as a
decree of civil court and, for this purpose, the Appellate Tribunal shall have
all the powers of a civil court.
(4) Notwithstanding
anything contained in sub-section (3), the Appellate Tribunal may transmit any
order made by it to a civil court having jurisdiction and the civil court shall
execute the order as if it were a decree made by that court.
(5)
All proceedings before the Appellate Tribunal shall be deemed to
be judicial proceedings within the meaning of sections 193 and 228 of the State
Ranbir Penal Code, Samvat 1989 and the Appellate Tribunal shall be deemed to be
a civil court for the purposes of section 482 of the Code of Criminal
Procedure, Samvat 1989.
Section 41 - Distribution of business amongst Benches of Appellate Tribunal
Where any Benches are
constituted, the Chairperson may, from time to time, by notification, make
provision as to the distribution of the business of the Appellate Tribunal
amongst the Benches and also provide for the matters which may be dealt with by
each Bench.
Section 42 - Power of Chairperson of Appellate Tribunal to transfer cases
On the application of any
of the parties and notice to the parties, and after hearing them, or on his own
motion without any notice, the Chairperson of the Appellate Tribunal may
transfer any case pending before one Bench, for disposal, to any other Bench.
Section 43 - Decision to be by majority
If the Members of a Bench
consisting of two Members differ in opinion on any point, they shall state the
point or points on which they differ, and make a reference to the Chairperson
of the Appellate Tribunal who shall either hear the point or points himself or
refer the case for hearing on the point or points by one or more of the other
Members and the point or points shall be decided according to the opinion of
the majority of the Members of the Appellate Tribunal who have heard the case,
including those who first heard it.
Section 44 - Members, etc., to be public servants
The Chairperson, Members
and other officers and employees of the Appellate Tribunal, the Adjudicating
Authority, Approving Authority, Initiating Officer, Administrator and the
officers subordinate to all of them shall be deemed to be public servants
within the meaning of section 21 of the State Ranbir Penal Code Samvat, 1989.
Section 45 - Bar of jurisdiction of civil courts
No civil court shall have
jurisdiction to entertain any suit or proceeding in respect of any matter which
any of the authorities, an Adjudicating Authority or the Appellate Tribunal is
empowered by or under this Act to determine, and no injunction shall be granted
by any court or other forum in respect of any action taken or to be taken in
pursuance of any power conferred by or under this Act.
Section 46 - Appeals to Appellate Tribunal
(1)
Any person, including the Initiating Officer, aggrieved by an
order of the Adjudicating Authority may prefer an appeal in such form and along
with such fees, as may be prescribed, to the Appellate Tribunal against the
order passed by the Adjudicating Authority under sub-section (3) of section 26,
within a period of forty-five days from the date of the order.
(2)
The Appellate Tribunal may entertain any appeal after the said
period of forty-five days, if it is satisfied that the appellant was prevented,
by sufficient cause, from filing the appeal in time.
(3)
On receipt of an appeal under sub-section (1), the Appellate
Tribunal may, after giving the parties to the appeal an opportunity of being
heard, pass such orders thereon as it thinks fit.
(4)
An Appellate Tribunal while deciding the appeal shall have the
power?
(a)
to determine a case finally, where the evidence on record is
sufficient;
(b)
to take additional evidence or to require any evidence to be taken
by the Adjudicating Authority, where the Adjudicating Authority has refused to
admit evidence, which ought to have been admitted;
(c)
to require any document to be produced or any witness to be
examined for the purposes of proceeding before it;
(d)
to frame issues which appear to the Appellate Tribunal essential
for adjudication of the case and refer them to the Adjudicating Authority for
determination;
(e)
to pass final order and affirm, vary or reverse an order of
adjudication passed by the Adjudicating Authority and pass such other order or
orders as may be necessary to meet the ends of justice.
(5)
The Appellate Tribunal, as far as possible, may hear and finally
decide the appeal within a period of one year from the last date of the month
in which the appeal is filed.
Section 47 - Rectification of mistakes
(1)
The Appellate Tribunal or the Adjudicating Authority may, in order
to rectify any mistake apparent on the face of the record, amend any order made
by it under section 26 and section 46 respectively, within a period of one year
from the end of the month in which the order was passed.
(2)
No amendment shall be made under sub-section (1), if the amendment
is likely to affect any person prejudicially, unless he has been given notice
of intention to do so and has been given an opportunity of being heard.
Section 48 - Right to representation
(1)
A person preferring an appeal to the Appellate Tribunal under this
Act may either appear in person or take the assistance of an authorized
representative of his choice to present his case before the Appellate Tribunal.
(2)
The Government may authorize one or more of its officers to act as
presenting officers on its behalf, and every person so authorized may present
the case with respect to any appeal before the Appellate Tribunal.
Explanation:--For the
purposes of this section, "authorized representative" means a person
authorized by the appellant in writing to appear on his behalf, being--
(i)
a person related to the appellant in any manner, or a person
regularly employed by the appellant; or
(ii)
any officer of a scheduled bank with which the appellant maintains
an account or has other regular dealings.
(iii)
any le gal practitioner who is entitled to practice in any civil
court in India; or
Section 49 - Appeal to High Court
(1)
Any party aggrieved by any decision or order of the Appellate
Tribunal may file an appeal to the High Court within a period of sixty days
from the date of communication of the decision or order of the Appellate
Tribunal to him on any question of law arising out of such order.
(2)
The High Court may entertain any appeal after the said period of
sixty days, if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal within the period specified in sub-section (1).
(3)
Where the High Court is satisfied that a substantial question of law
is involved in any case, it shall formulate that question.
(4)
The appeal shall be heard only on the question so formulated, and
the respondents shall, at the hearing of the appeal, be allowed to argue that
the case does not involve such question.
(5)
Nothing in this sub-section shall be deemed to take away or
abridge the power of the court to hear, for reasons to be recorded, the appeal
on any other substantial question of law not formulated by it, if it is
satisfied that the case involves such question.
(6)
The High Court shall decide the question of law so formulated and
deliver the judgment thereon containing the grounds on which any decision is
founded and may award any cost as it deems fit.
(7)
The High Court may determine any issue which?
(a)
has not been determined by the Appellate Tribunal; or
(b)
has been wrongly determined by the Appellate Tribunal, by reason
of a decision on such question of law as is referred to in sub-section (1).
(8)
Save as otherwise provided in this Act, the provisions of the Code
of Civil Procedure, Samvat 1977, relating to appeals to the High Court shall,
as far as may be, apply in the case of appeals under this section.
Section 50 - Special Courts
(1)
The Government, in consultation with the Chief Justice of the High
Court, shall, for trial of an offence punishable under this Act, by
notification, designate one or more Courts of Session as Special Court or
Special Courts for such area or areas or for such case or class or group of
cases as may be specified in the notification.
(2)
While trying an offence under this Act, a Special Court shall also
try an offence other than an offence referred to in sub-section (1), with which
the accused may, under the Code of Criminal Procedure, Samvat 1989, be charged
at the same trial.
(3)
The Special Court shall not take cognizance of any offence
punishable under this Act except upon a com plaint in writing made by?
(i)
the authority; or
(ii)
any officer of the Government authorized in writing by that
Government by a general or special order made in this behalf.
(4)
Every trial under this section shall be conducted as expeditiously
as possible and every endeavour shall be made by the Special Court to conclude
the trial within six months from the date of filing of the complaint.
Section 51 - Application of Code of Criminal Procedure, Samvat 1989 to proceedings before Special Court
(1) Save as
otherwise provided in this Act, the provisions of the Code of Criminal
Procedure, Samvat 1989 shall apply to the proceedings before a Special Court
and the persons conducting the prosecution before the Special Court, shall be
deemed to be Public Prosecutors:
Provided that the
Government may also appoint for any case or class or group of cases, a Special
Public Prosecutor.
(2) A person
shall not be qualified to be appointed as a Public Prosecutor or a Special
Public Prosecutor under this section unless, the Public Prosecutor has been in
practice as an advocate for not less than seven years, and the Special Public
Prosecutor has been in practice as an advocate for not less than ten years in
any court.
(3)
Every person appoint ed as a Public Prosecutor or a Special Public
Prosecutor under this sec tion shall be deemed to be a Public Prosecutor within
the meaning of clause (u) of section 2 of the Code of Criminal Procedure,
Samvat 1989 and the provisions of that Code shall have effect accordingly.
Section 52 - Appeal and revision
The powers conferred on a
High Court of Jammu and Kashmir under Chapter XXXI or XXXII of the Code of
Criminal Procedure, Samvat, 1989 shall mutatis mutandis apply with respect to
the orders passed the Special Court designated under section 50 of the Act as
if it were Court of Sessions.
Section 53 - Penalty for benami transaction
(1)
Where any person enters into a benami transaction in order to
defeat the provisions of any law or to avoid payment of statutory dues or to
avoid payment to creditors, the beneficial owner, benamidar and any other
person who abets or induces any person to enter into the benami transaction,
shall be guilty of the offence of benami transaction.
(2)
Whoever is found guilty of the offence of benami transaction
referred to in sub-section (1) shall be punishable with rigorous imprisonment
for a term which shall not be less than one year, but which may extend to seven
years and shall also be liable to fine which may extend to twenty-five per cent
of the fair market value of the property.
Section 54 - Penalty for false information
Any person who is required
to furnish information under this Act knowingly gives false information to any
authority or furnishes any false document in any proceeding under this Act,
shall be punishable with rigorous imprisonment for a term which shall not be
less than six months but which may extend to five years and shall also be
liable to fine which may extend to ten per cent of the fair market value of the
property.
Section 55 - Repeal of provisions of certain Acts
(1) Section
81, 82 and 94 of the Trusts Act, Samvat 1977 (Act No. XLI of Samvat, 1977) and
section 66 of the Code of Civil Procedure, Samvat 1989 are hereby repealed.
Section 56 - Certain transfers to be null and void
Notwithstanding anything
contained in the Transfer of the Property Act, Samvat 1977 or any other law for
the time being in force, where, after the issue of a notice under section 24,
any property referred to in the said notice is transferred by any mode
whatsoever, the transfer shall, for the purposes of the proceedings under this
Act, be ignored and if the property is subsequently confiscated by the
Government under section 27, then, the transfer of the property shall be deemed
to be null and void.
Exemption.-
(1)
The Government may, by notification, exempt any property relating
to charitable or religious trusts from the operation of this Act.
(2)
Every notification issued under sub-section (1) shall be laid
before each House of the State Legislature.
Section 57 - Power of Government to issue directions, etc
(1)
The Government may, from time to time, issue such orders,
instructions or directions to the authorities or require any person to furnish
information as it may deem fit f or the proper administration of this Act and
such authorities and all other persons employed in execution of this Act shall
observe and follow the orders, instructions and directions of the Government.
(2)
In issuing the directions or orders referred to in sub-section
(1), the Government may have regard to anyone or more of the following
criteria, namely:--
(a)
territorial area;
(b)
classes of persons;
(c)
classes of cases; and
(d)
any other criterion that may be specified by the Government in
this behalf.
(3)
No orders, instructions or directions under sub-section (1) shall
be issued so as to?
(a)
require any authority to decide a particular case in a particular
manner; or
(b)
interfere with the discretion of the Adjudicating Authority in the
discharge of its functions.
Section 58 - Application of other laws not barred
The provisions of this Act
shall be in addition to, and not, save as hereinafter expressly provided, in
derogation of any other law for the time being in force.
Section 59 - Offences to be cognizable and non-bailable
Notwithstanding anything
contained in the Code of Criminal Procedure, Samvat 1989, an offence under this
Act shall be cognizable and non-bailable.
Section 60 - Offences by companies
(1)
Where a person committing contravention of any of the provisions
of this Act or of any rule, direction or order made thereunder is a company,
every person who, at the time the contravention was committed, was in charge
of, and was responsible to, the company, for the conduct of the business of the
company as well as the company, shall be deemed to be guilty of the
contravention and shall be liable to be proceeded against and punished
accordingly.
(2)
Nothing contained in sub-section (1), shall render any person
liable to punishment if he proves that the contravention took place without his
knowledge.
(3)
Notwithstanding anything contained in sub-section (1), where a
contravention of any of the provisions of this Act or of any rule, direction or
order made thereunder has been committed by a company and it is proved that the
contravention has taken place with the consent or connivance of, or is
attributable to any neglect on the part of any director, manager, secretary or
other officer of the company, the director, manager, secretary or other officer
shall also be deemed to be guilty of the contravention and shall be liable to
be proceeded against and punished accordingly.
Explanation:- For the purposes of this
section,--
(a)
"company" means a body corporate, and includes?
(i)
a firm; and
(ii)
an association of persons or a body of individuals whether
incorporated or not; and
(b)
"director", in relation to--
(i) ???a firm, means a partner in the firm;
(ii) ???any association of persons or a body of
individuals, means any member controlling the affairs thereof.
Section 61 - Notice, etc., not to be invalid on certain grounds
No notice, summons, order,
document or other proceeding, furnished or made or issued or taken or purported
to have been furnished or made or issued or taken in pursuance of any of the
provisions of this Act shall be invalid, or shall be deemed to be invalid
merely by reason of any mistake, defect or omission in the notice, summons,
order, document or other proceeding if the notice, summons, order, document or
other proceeding is in substance and effect in conformity with or according to
the intent and purpose of this Act.
Section 62 - Protection of action taken in good faith
No prosecution, suit or
other proceeding shall lie against the Government or any officer of the
Government or the Appellate Tribunal or the Adjudicating Authority established
under this Act, for anything done or intended to be done in good faith under
this Act.
Section 63 - Proceedings, etc., against legal representative
(1)
Where a person dies during the course of any proceeding under this
Act, any proceeding taken against the deceased before his death shall be deemed
to have been taken against the legal representative and may be continued
against the legal representative from the stage at which it stood on the date
of the death of the deceased.
(2)
Any proceeding which could have been taken against the deceased if
he had survived may be taken against the legal representative and all the
provisions of this Act, except sub-section (2) of section 3 and the provisions
of Chapter VII, shall apply accordingly.
(3)
Where any property of a person has been held benami under
sub-section (3) of section 26, then, it shall be lawful for the legal
representative of the person to prefer an appeal to the Appellate Tribunal, in
place of the person and the provisions of section 46 shall, so far as may be,
apply, or continue to apply, to the appeal.
Section 64 - 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.
Section 65 - Power to make rules
(1)
The Government may, by notification, make rules for carrying out
the provisions 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)
manner of ascertaining the fair market value under clause (16) of section
2;
(b)
the manner of appointing the Chairperson and the Member of the
Adjudicating Authorities under sub-section (2) of section 9;
(c)
the salaries and allowances payable to the Chairperson and the
Members of the Adjudicating Authority under sub-section (1) of section 13;
(d)
the powers and functions of the authorities under sub-section (2)
of section 18;
(e)
other powers of the authorities under clause (f) of sub-section
(1) of section 19;
(f)
the form and manner of furnishing any information to the authority
under sub-section (2) of section 21;
(g)
the manner of provisional attachment of property under subsection
(3) of section 24;
(h)
the procedure for confiscation of benami property under the second
proviso to sub-section (1) of section 27;
(i)
the manner and conditions to receive and manage the property under
sub-section (1) of section 28;
(j)
the manner and conditions of disposal of property vested in the
Government under sub-section (3) of section 28;
(k)
the salaries and allowances payable to and the other terms and
conditions of service of the Chairperson and other Members of the Appellate
Tribunal under sub-section (1) of section 33;
(l)
the manner of prescribing procedure for removal of Chairperson or
Member under sub-section (4) of section 35;
(m)
the salaries and allowances payable to and the other terms and
conditions of service of the officers and employees of the Appellate Tribunal
under sub-section (3) of section 39;
(n)
any power of the Appellate Tribunal under clause (i) of
sub-section (2) of section 40;
(o)
the form in which appeal shall be filed and the fee for filing the
appeal under sub-section (1) of section 46;
(p)
any other matter which is to be, or may be, prescribed, or in
respect of which provision is to be made, by rules.
Section 66 - Laying of rules and notifications before State Legislature
Every rule made and
notification issued under this Act shall be laid, as soon as may be after it is
made or issued, before each House of the State Legislature, 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 rules or notifications, as
the case may be, both Houses agree that the rules or notifications, as the case
may be, should not be made or issued, the rule or notification, as the case may
be, 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 or notification, as the case may be.
Section 67 - Power to remove difficulties
(1)
If any difficulty arises in giving effect to the provisions of
this Act, the Government may, by order, published in the Government Gazette,
make such provisions not inconsistent with the provisions of this Act as may
appear to be necessary for removing the difficulty.
(2)
No order shall be made under this section after the expiry of two
years from the commencement of this Act.
(3)
Every order made under this section shall be laid, as soon as may
be after it is made, before each House of the State Legislature.
Section 68 - Repeal
(1) The Jammu
and Kashmir Benami Transactions (Prohibition) Act, 2010 (Act No. V of 2010) is
hereby repealed.
Section 69 - Savings
The repeal by this Act of
any enactment shall not affect any other enactment in which the repealed
enactment has been applied, incorporated or referred to;
and this Act shall not
affect the validity, invalidity, effect or consequences of anything already
done or suffered, or any right, title, obligation or liability already
acquired, accrued or incurred, or any remedy or proceeding in respect thereof,
or any release or discharge of or from any debt, penalty, obligation,
liability, claim or demand, or any indemnity already granted, or the proof of
any past act or thing;
nor shall this Act affect
any principle or rule of law, or established jurisdiction, form or course of
pleading, practice or procedure, or existing usage, custom, privilege,
restriction, exemption, office or appointment, notwithstanding that the same
respectively may have been in any manner affirmed or recognized or derived by,
in or from any enactment hereby repealed; and
nor shall the repeal by
this Act of any enactment revive or restore any jurisdiction office, custom,
liability, right, title, privilege, restriction, exemption, usage, practice,
procedure or other matter or thing not now existing or in force.