Sections 68-71 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The last operative sections of the Act, apart from the renumbered section 72, give the Central Government power to make rules, require rules and notifications to be laid before Parliament, allow it to remove difficulties by order within two years, and let it use the authorities under the money-laundering law for a time until the Act's own bodies are in place.
As per the consolidated text consulted, the Central Government may make rules by notification for carrying out the Act (section 68), and section 68(2) lists matters from the fair market value method to the appeal fee that the rules may cover. Every rule and notification must be laid before each House of Parliament for thirty days (section 69). The Government may remove difficulties by order but not after two years from the commencement of the Act (section 70). Section 71 lets it notify that the Adjudicating Authority and the Appellate Tribunal under the Money-Laundering Act, 2002 may act under this Act until this Act's own bodies are in place.
How these sections came in
Sections 68 to 71 are in Chapter VIII (Miscellaneous), inserted by the Benami Transactions (Prohibition) Amendment Act, 2016 in place of the old sections 7 and 8. Before 2016, the old section 8 had a shorter rule-making power centred on the authority and manner of acquiring properties under the old section 5. The text is checked against the Gazette of India copy of the amending Act (assent 10 August 2016). The 2016 changes were brought into force by notification; the date is not in the sources consulted. The rules made under section 68 are not in the sources consulted either, and no form, fee or step is stated in this article.
If you need to know which detail of the Act is left to rules and whether a rule has been made, a legal consultation can help you find and read the current rules and notifications.
Section 68(1): the rule-making power
"The Central Government may, by notification, make rules for carrying out the provisions of this Act."
Section 68(2) says that, "in particular, and without prejudice to the generality of the foregoing power", the rules may provide for the matters listed. The list is illustrative, since clause (p) adds "any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules".
Section 68(2): what the rules may cover
The table sets each clause of section 68(2) against the section it serves.
| Clause | Matter for rules | Section served |
|---|---|---|
| (a) | Manner of ascertaining the fair market value under clause 16 of section 2 (as printed) | Section 2(16) |
| (b) | Manner of appointing the Chairperson and the Member of the Adjudicating Authorities | Section 9(2) |
| (c) | Salaries and allowances of the Chairperson and the Members of the Adjudicating Authority | Section 13(1) |
| (d) | Powers and functions of the authorities | Section 18(2) |
| (e) | Other powers of the authorities | Section 19(1)(f) |
| (f) | Form and manner of furnishing any information to the authority | Section 21(2) |
| (g) | Manner of provisional attachment of property | Section 24(3) |
| (h) | Procedure for confiscation of benami property | Second proviso to section 27(1) |
| (i) | Manner and conditions to receive and manage the property | Section 28(1) |
| (j) | Manner and conditions of disposal of property vested in the Central Government | Section 28(3) |
| (k) | Salaries, allowances and other terms of service of the Chairperson and other Members of the Appellate Tribunal | Section 33(1) |
| (l) | Manner of prescribing procedure for removal of Chairperson or Member | Section 35(4) |
| (m) | Salaries, allowances and other terms of service of officers and employees of the Appellate Tribunal | Section 39(3) |
| (n) | Any power of the Appellate Tribunal | Section 40(2)(i) |
| (o) | Form in which appeal shall be filed and the fee for filing the appeal | Section 46(1) |
| (p) | Any other matter to be, or that may be, prescribed | Any section that leaves a matter to rules |
This table is a useful map of where the Act depends on rules. In each case the section named says the detail is left to rules, and the rules themselves are not in the sources consulted. So the manner of attachment, the confiscation procedure, the form and fee of appeal, and the other matters in the table all depend on rules that must be read separately. Our articles on these sections carry the same caution: section 24, section 27, sections 28 and 29 and sections 45 and 46.
Printing point. Clause (a) refers to "clause 16 of section 2", which is the definition of fair market value. The reference is quoted as printed.
Section 69: laying before Parliament
"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 Parliament, 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."
The section then provides that if, before the expiry of the session immediately following, both Houses agree in making any modification, or agree that the rule or notification should not be made or issued, it shall thereafter have effect only in the modified form or be of no effect, as the case may be. The section adds a protection: any such modification or annulment "shall be without prejudice to the validity of anything previously done under that rule or notification".
| Step | Text |
|---|---|
| Laying | As soon as may be after it is made or issued, before each House of Parliament |
| Period | A total period of thirty days, in one session or two or more successive sessions |
| Parliamentary change | Modification, or agreement that it should not be made or issued |
| Effect | Modified form only, or no effect |
| Protection | Anything previously done under it stays valid |
The section covers both rules and notifications, so notifications such as those under sections 7, 30 and 58 are within it. Note that section 58(2) separately provides that every notification of exemption shall be laid before each House; see our article on sections 58 and 59.
Section 70: removal of difficulties
Section 70(1). "If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty."
Section 70(2). "No order shall be made under this section after the expiry of two years from the commencement of this Act."
Section 70(3). "Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament."
The power has three limits: the provision must not be inconsistent with the Act, no order may be made after two years from commencement, and every order must be laid before Parliament. The commencement of the 2016 changes came by notification and the date is not in the sources consulted, so the two-year point cannot be fixed from this article. Whether any order was made is likewise not in the sources consulted.
Section 71: transitional provision
"The Central Government may, by notification, provide that until the Adjudicating Authorities are appointed and the Appellate Tribunal is established under this Act, the Adjudicating Authority appointed under sub-section (1) of section 6 of the Money-Laundering Act, 2002 and the Appellate Tribunal established under section 25 of that Act may discharge the functions of the Adjudicating Authority and Appellate Tribunal, respectively, under this Act."
Printing points. The Act names the other law in the short form "the Money-Laundering Act, 2002", in the consolidated copy and the gazette alike; it is the Prevention of Money-Laundering Act, 2002 listed in section 2(31). Also, the consolidated copy adds, in square brackets, the closing words "for such period and in respect of such cases or class of cases as may be specified in the said notification". These are words printed in square brackets in the consolidated copy; the copy does not say which Act added them, and the 2016 gazette does not have them. Read them as printed in the copy and check the current official text.
Section 71 is a power to notify, not an automatic arrangement. Whether any such notification exists is not in the sources consulted. For the other Act's bodies, see our posts on the Adjudicating Authority under PMLA, the Appellate Tribunal under PMLA and the introduction to PMLA 2002, and our articles on the corresponding bodies under this Act: sections 7 to 11 and sections 30 to 34.
The four sections at a glance
| Section | Subject | Key limit |
|---|---|---|
| 68 | Rules | By notification; listed matters in 68(2) |
| 69 | Laying | Each House, thirty days in session |
| 70 | Removal of difficulties | Not inconsistent with the Act; not after two years from commencement; laid before Parliament |
| 71 | Transitional bodies | Money-laundering authorities may act until this Act's bodies exist, on notification |
Who is affected
- Anyone relying on a detail left to rules, such as attachment manner, confiscation procedure or appeal form and fee.
- Parties in the early period of the Act, for whom section 71 may matter if a notification was made.
- Practitioners, who should check the rules, the notifications and any order under section 70.
Practical example
Gautam Pillai wants to appeal an order and asks what form and fee are required. Section 46(1) says the appeal is in such form and with such fees as may be prescribed, and section 68(2)(o) lists that as a matter for rules. The Act itself does not state the form or the fee, and the rules are not in the sources consulted; Gautam should read the current rules. Separately, a student asks why a benami matter in the early period might have been heard by the money-laundering authorities. Section 71 explains that the Central Government may notify that those authorities discharge the functions under this Act until its own bodies are in place.
Other laws and later amendments
Section 71 names the Money-Laundering Act, 2002, quoted as printed, and section 69 and section 70 refer to Parliament and the Official Gazette. Check the current law for the corresponding provisions. Later amendments to the Act, and the rules and notifications under it, are not in the sources consulted; check them.
Need help finding the rules that apply?
The Act leaves many working details to rules and notifications. If you need to read a specific section with its current rules, our legal consultation team can help you identify and review them.
Key takeaways
- Section 68 lets the Central Government make rules by notification and lists matters in clauses (a) to (p).
- Rules and notifications are laid before each House of Parliament for thirty days in session (section 69).
- Orders to remove difficulties cannot be made after two years from commencement and must be laid before Parliament (section 70).
- Section 71 lets the Government notify that the money-laundering law's Adjudicating Authority and Appellate Tribunal may act under this Act until its own bodies are in place.
- The rules, notifications and any section 70 order are not in the sources consulted.
Read next
- Sections 56 and 72: repeal and saving
- Sections 58 and 59: exemption and Government directions
- Sections 7 to 11: the Adjudicating Authority
- Appellate Tribunal under PMLA
Disclaimer: Based on a third-party consolidated text of the Prohibition of Benami Property Transactions Act, 1988 as amended by the Benami Transactions (Prohibition) Amendment Act, 2016, checked against the Gazette of India copy of that amending Act (11 August 2016), as consulted on 2 October 2026. The commencement notification, the rules and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.