Benami property: notice, response window, provisional attachment and prescribed decision and referral timelines govern enforcement. Where the Initiating Officer has reason to believe property is benami, he shall record reasons and issue a written notice to the benamidar (and a copy to the beneficial owner if known) to show cause; the addressees must furnish explanations within the notice period or an Initiating Officer extended period not exceeding three months. If the property may be alienated, the Initiating Officer may, with Approving Authority approval, provisionally attach the property for up to four months from the last day of the month in which the notice is issued; within four months from that reference date he must decide to continue, revoke, make or withhold provisional attachment (with prior approval) and, where attachment is ordered or continued, refer a statement of case to the Adjudicating Authority within one month of that order. Periods stayed by court orders are excluded from limitation, with prescribed minimums.
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Provisions expressly mentioned in the judgment/order text.
Benami property: notice, response window, provisional attachment and prescribed decision and referral timelines govern enforcement.
Where the Initiating Officer has reason to believe property is benami, he shall record reasons and issue a written notice to the benamidar (and a copy to the beneficial owner if known) to show cause; the addressees must furnish explanations within the notice period or an Initiating Officer extended period not exceeding three months. If the property may be alienated, the Initiating Officer may, with Approving Authority approval, provisionally attach the property for up to four months from the last day of the month in which the notice is issued; within four months from that reference date he must decide to continue, revoke, make or withhold provisional attachment (with prior approval) and, where attachment is ordered or continued, refer a statement of case to the Adjudicating Authority within one month of that order. Periods stayed by court orders are excluded from limitation, with prescribed minimums.
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