Section 32 - Qualifications for appointment of Chairperson and Members of Appellate Tribunal of Prohibition of Benami Property Transactions Act
32. (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.]
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Used by
- Section 1 - Short title, extent and commencement
- Section 2 - Definitions
- Section 3 - Prohibition of benami transactions
- Section 4 - Prohibition of the right to recover property held benami.
- Section 5 - Property held benami liable to confiscation
- Section 6 - Prohibition on re-transfer of property by benamidar
- Section 7 - Adjudicating Authority
- Section 8 - Composition of Authority
- Section 9 - Qualifications for appointment of Chairperson and Members
- Section 10 - Constitution of Benches of Adjudicating Authority
- Section 11 - Power of Adjudicating Authority to regulate its own procedure
- Section 12 - Term of office of Chairperson and Members of Adjudicating Authority
- Section 13 - Terms and conditions of services of Chairperson and Members of Adjudicating Authority
- Section 14- Removal of Chairperson and Members of Adjudicating Authority
- Section 15 - Member to act as Chairperson in certain circumstances
- Section 16 - Vacancies, etc., not to invalidate proceedings of Adjudicating Authority
- Section 17 - Officers and employees of Adjudicating Authority
- Section 18 - Authorities and jurisdiction
- Section 19 - Powers of authorities
- Section 20 - Certain officers to assist in inquiry, etc
- Section 21 - Power to call for information
- Section 22 - Power of authority to impound documents
- Section 23 - Power of authority to conduct inquiry, etc
- Section 24 - Notice and attachment of property involved in benami transaction
- Section 25 - Manner of service of notice
- Section 26 - Adjudication of benami property
- Section 27 - Confiscation and vesting of benami property
- Section 28 - Management of properties confiscated
- Section 29 - . Possession of the property
- Section 30 - Establishment of Appellate Tribunal
- Section 31 - Composition, etc., of Appellate Tribunal
- Section 32 - Qualifications for appointment of Chairperson and Members of Appellate Tribunal
- Section 33 - Terms and conditions of services of Chairperson and Members of Appellate Tribunal
- Section 34 - Term of office of Chairperson and Members
- Section 35 - Removal of Chairperson and Member from office in certain circumstances
- Section 36 - Vacancies, etc., not to invalidate proceedings of Appellate Tribunal
- Section 37 - Resignation and removal
- Section 38 - Member to act as Chairperson in certain circumstances
- Section 39 - Staff of Appellate Tribunal
- Section 40 - Procedure and powers of Appellate Tribunal
- Section 41 - Distribution of business amongst Benches of Appellate Tribunal
- Section 42 - Power of Chairperson of Appellate Tribunal to transfer cases
- Section 43 - Decision to be by majority
- Section 44 - Members, etc., to be public servants
- Section 45 - Bar of jurisdiction of civil courts
- Section 46 - Appeals to Appellate Tribunal
- Section 47 - Rectification of mistakes
- Section 48 - Right to representation
- Section 49 - Appeal to High Court
- Section 50 - Special Courts
- Section 51 - Application of Code of Criminal Procedure, 1973 to proceedings before Special Court
- Section 52 - Appeal and revision
- Section 53 - Penalty for benami transaction
- Section 54 - Penalty for false information
- Section 55 - Previous sanction
- Section 56 - Repeal of provisions of certain Acts
- Section 57 - Certain transfers to be null and void
- Section 58 - Exemption
- Section 59 - Power of Central Government to issue directions, etc
- Section 60 - Application of other laws not barred
- Section 61 - Offences to be non-cognizable
- Section 62 - Offences by companies
- Section 63 - Notice, etc., not to be invalid on certain grounds
- Section 64 - Protection of action taken in good faith
- Section 65 - Transfer of pending cases
- Section 66 - Proceedings, etc., against legal representative
- Section 67 - Act to have overriding effect
- Section 68 - Power to make rules
- Section 69 - Laying of rules and notifications before Parliament
- Section 70 - Power to remove difficulties
- Section 71 - Transitional provision
- Section 72 - Repeal and saving