Act Number: 45

Act Name: The Prohibition of Benami Property Transactions Act, 1988

Year: 1988

Enactment Date: 1988-09-05

Long Title: An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.

Ministry: Ministry of Finance

Department: Department of Revenue

Section 32: Qualifications for appointment of Chairperson and Members of Appellate Tribunal.
    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.]
Notes:
1. Ins. by s. 9, ibid. (w.e.f. 1-11-2016).
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