Section 15 in Uttarakhand Benami Transactions (Prohibition) Act, 2016
15. Adjudication of benami property.
(1)On receipt of a reference under sub-section (5) of Section 13, the Adjudicating Authority shall serve notices, to furnish such documents, particulars or evidence as is considered necessary on a date to be specified therein, on the following person, namely -(a)the person specified as a benamidar therein;(b)any person referred 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.(2)Where such property is held jointly by more than one person, such notice shall be served to all persons holding such 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 he 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 such 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.(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 properties is held benami.(5)Where in the course of proceedings before him, the Adjudicating Authority has reason to believe that a property, other than a property referred to him by the Initiating Officer is benami property, it shall provisionally attach such property and such 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 13 of the Code of Civil Procedure, 1908 manner of service of notice.(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 it 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 Section 13 was received.
