Section 32
Qualifications for appointment of Chairperson and Members of Appellate Tribunal. Repealed
The Prohibition of Benami Property Transactions Act, 1988
About this Act
An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.
1[32. Qualifications for appointment of Chairperson and Members of Appellate Tribunal.--(1) A
person shall not be qualified for appointment as Chairperson of the Appellate Tribunal unless he is a
sitting or retired Judge of a High Court, who has completed not less than five years' of service.
(2) A person shall not be qualified for appointment as a Member unless he--
(a) in the case of a Judicial Member, has been a Member of the Indian Legal Service and has held the post of Additional Secretary or equivalent post in that Service;
(b) in the case of an Administrative Member, has been a Member of the Indian Revenue Service and has held the post of Chief Commissioner of Income tax or equivalent post in that Service.
(3) No sitting Judge of a High Court shall be appointed under this section except after consultation with the Chief Justice of the High Court.
(4) The Chairperson or a Member holding a post as such in any other Tribunal, established under any law for the time being in force, in addition to his being the Chairperson or a Member of that Tribunal, may be appointed as the Chairperson or a Member, as the case may be, of the Appellate Tribunal under this Act.]
(2) A person shall not be qualified for appointment as a Member unless he--
(a) in the case of a Judicial Member, has been a Member of the Indian Legal Service and has held the post of Additional Secretary or equivalent post in that Service;
(b) in the case of an Administrative Member, has been a Member of the Indian Revenue Service and has held the post of Chief Commissioner of Income tax or equivalent post in that Service.
(3) No sitting Judge of a High Court shall be appointed under this section except after consultation with the Chief Justice of the High Court.
(4) The Chairperson or a Member holding a post as such in any other Tribunal, established under any law for the time being in force, in addition to his being the Chairperson or a Member of that Tribunal, may be appointed as the Chairperson or a Member, as the case may be, of the Appellate Tribunal under this Act.]
Notes
1. Ins. by s. 9, ibid. (w.e.f. 1-11-2016).