Meghalaya (Benami Transactions Prohibition) Act,1980
No: 24 Dated: Oct, 31 1980
THE MEGHALAYA (BENAMI TRANSACTIONS PROHIBITION) ACT, 1980
ACT 24 OF 1980
An Act to prohibit benami transactions between a tribal and non-tribal. Be it enacted by the Legislature of the State of Meghalaya in the Thirty-first Year of the Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Meghalaya (Benami Transaction Prohibition) Act, 1980.
(2) It extends to the whole of Meghalaya.
(3) It shall come into force at once.
2. Definitions:- In this Act, unless the context otherwise requires-
(a) “benami transaction” or “transaction in benami” means the acquiring or holding of any property (movable or immovable or the carrying of any business, trade or any transaction by a non-tribal in the name or on behalf of a tribal ;
(b) “non-tribal” means a person who is not a tribal;
(c) “State” means the State of Meghalaya;
(d) “tribal” means a person belonging to any of the Scheduled Tribes pertaining Meghalaya and as specified in the Constitution (Scheduled Tribes) Order, 1950 as amended from time to time and for the purposes of this Act shall also include the Rabhas, Kacharis and Kochs resident in Meghalaya.
3. Benami Transaction unlawful:- On and from the commencement of this Act and notwithstanding anything to the contrary contained in any law in force or in any custom or usage benami transaction, in any from between a tribal an a non-tribal is prohibited and shall be unlawful and void and every person involved in any such transaction shall be deemed to have committed an offence under this act; P
rovided that no transaction in the name of a tribal shall be deemed to be benami where such transaction is in favour of or for and on behalf of any tribal organisation association or institution:
Provided further that no transaction shall be deemed to be benami where such transaction is between the members of the same family.
Explanation.- For the purpose of this section-
(i) “tribal organisation, association or institution” means any organisation association or institution as may be recognised and notified by the State Government as a tribal organisation, association or institution for the purposes of this Act.
(ii) “members of the same family” includes the children either of whose parents is or was a non-tribal.
4. Power to enter and search:- (a) On a complaint or information in writing made to a Magistrate of the First Class or Superintendent of Police by such person, Committee or authority as the State Government may notify in this behalf that a transaction is in benami, such Magistrate or Superintendent of Police shall or
(b) If a Magistrate of the First Class or a Superintendent of Police upon credible information and after such enquiry as he may consider necessary has reason to believe that a transaction is in benami, such Magistrate or Superintendent of Police may,
Either by himself or by his warrant authorises an Officer of Police not below the rank of a Sub-Inspector of Police to enter and search at all reasonable hours, any premises which he has reason to believe any register, books of account or any other documents relating to or having any bearing or such transaction are kept therein and such police officer may direct any person whom he has reason to believe to be in custody of such register, books of account or any other documents relating the transaction to produce them for his inspection or he may seize such register, books of account or other documents found therein or so produced for his inspection, as the case may be.