Section 22 - Power of authority to impound documents of Prohibition of Benami Property Transactions Act
22. (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-section (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.]
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Used by
- Section 1 - Short title, extent and commencement
- Section 2 - Definitions
- Section 3 - Prohibition of benami transactions
- Section 4 - Prohibition of the right to recover property held benami.
- Section 5 - Property held benami liable to confiscation
- Section 6 - Prohibition on re-transfer of property by benamidar
- Section 7 - Adjudicating Authority
- Section 8 - Composition of Authority
- Section 9 - Qualifications for appointment of Chairperson and Members
- Section 10 - Constitution of Benches of Adjudicating Authority
- Section 11 - Power of Adjudicating Authority to regulate its own procedure
- Section 12 - Term of office of Chairperson and Members of Adjudicating Authority
- Section 13 - Terms and conditions of services of Chairperson and Members of Adjudicating Authority
- Section 14- Removal of Chairperson and Members of Adjudicating Authority
- Section 15 - Member to act as Chairperson in certain circumstances
- Section 16 - Vacancies, etc., not to invalidate proceedings of Adjudicating Authority
- Section 17 - Officers and employees of Adjudicating Authority
- Section 18 - Authorities and jurisdiction
- Section 19 - Powers of authorities
- Section 20 - Certain officers to assist in inquiry, etc
- Section 21 - Power to call for information
- Section 22 - Power of authority to impound documents
- Section 23 - Power of authority to conduct inquiry, etc
- Section 24 - Notice and attachment of property involved in benami transaction
- Section 25 - Manner of service of notice
- Section 26 - Adjudication of benami property
- Section 27 - Confiscation and vesting of benami property
- Section 28 - Management of properties confiscated
- Section 29 - . Possession of the property
- Section 30 - Establishment of Appellate Tribunal
- Section 31 - Composition, etc., of Appellate Tribunal
- Section 32 - Qualifications for appointment of Chairperson and Members of Appellate Tribunal
- Section 33 - Terms and conditions of services of Chairperson and Members of Appellate Tribunal
- Section 34 - Term of office of Chairperson and Members
- Section 35 - Removal of Chairperson and Member from office in certain circumstances
- Section 36 - Vacancies, etc., not to invalidate proceedings of Appellate Tribunal
- Section 37 - Resignation and removal
- Section 38 - Member to act as Chairperson in certain circumstances
- Section 39 - Staff of Appellate Tribunal
- Section 40 - Procedure and powers of Appellate Tribunal
- Section 41 - Distribution of business amongst Benches of Appellate Tribunal
- Section 42 - Power of Chairperson of Appellate Tribunal to transfer cases
- Section 43 - Decision to be by majority
- Section 44 - Members, etc., to be public servants
- Section 45 - Bar of jurisdiction of civil courts
- Section 46 - Appeals to Appellate Tribunal
- Section 47 - Rectification of mistakes
- Section 48 - Right to representation
- Section 49 - Appeal to High Court
- Section 50 - Special Courts
- Section 51 - Application of Code of Criminal Procedure, 1973 to proceedings before Special Court
- Section 52 - Appeal and revision
- Section 53 - Penalty for benami transaction
- Section 54 - Penalty for false information
- Section 55 - Previous sanction
- Section 56 - Repeal of provisions of certain Acts
- Section 57 - Certain transfers to be null and void
- Section 58 - Exemption
- Section 59 - Power of Central Government to issue directions, etc
- Section 60 - Application of other laws not barred
- Section 61 - Offences to be non-cognizable
- Section 62 - Offences by companies
- Section 63 - Notice, etc., not to be invalid on certain grounds
- Section 64 - Protection of action taken in good faith
- Section 65 - Transfer of pending cases
- Section 66 - Proceedings, etc., against legal representative
- Section 67 - Act to have overriding effect
- Section 68 - Power to make rules
- Section 69 - Laying of rules and notifications before Parliament
- Section 70 - Power to remove difficulties
- Section 71 - Transitional provision
- Section 72 - Repeal and saving