Section 32 PBPT Act: Qualifications for Appointment of Chairperson and Members of Appellate Tribunal
Section 32 of the Prohibition of Benami Property Transactions Act, 1988 sets out the statutory qualifications for appointment of the Chairperson, Judicial Member and Administrative Member of the Appellate Tribunal constituted for appeals under the Act.
Updated on 14 September 2026Meaning of Appellate Tribunal under the PBPT Act
Section 2 of the PBPT Act defines the Appellate Tribunal as the Appellate Tribunal established under Section 30. Section 31 deals with its composition, while Section 32 prescribes the qualifications for appointment of its Chairperson and Members.
For related provisions, see Section 31 - Composition of Appellate Tribunal and Section 33 - Terms and conditions of service.
Section 32 - Qualifications for Appointment of Chairperson and Members
(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.
Qualifications Explained
- Chairperson: Section 32(1) requires a sitting or retired High Court Judge with the minimum period of service stated in the provision.
- Judicial Member: Section 32(2)(a) requires the specified senior-level experience in the Indian Legal Service.
- Administrative Member: Section 32(2)(b) requires the specified senior-level experience in the Indian Revenue Service.
- Sitting High Court Judge: Appointment requires prior consultation with the Chief Justice of the concerned High Court under Section 32(3).
- Additional Tribunal role: Section 32(4) permits a qualifying Chairperson or Member of another Tribunal to be appointed to the PBPT Appellate Tribunal in addition to the existing Tribunal position.
Why Section 32 Matters
Section 32 is an institutional safeguard. It prescribes the level of judicial or administrative experience required for persons who may decide appeals under the PBPT Act. It should be read together with the provisions dealing with establishment, composition, service conditions, tenure, vacancies and powers of the Appellate Tribunal.
Related Provisions
The following provisions continue the statutory framework for the Appellate Tribunal:
Section 33 - Terms and conditions of service of Chairperson and Members
Section 34 - Term of office of Chairperson and Members
Section 35 - Removal in certain circumstances
Section 36 - Vacancies not to invalidate proceedings
Section 37 - Resignation and removal
Section 38 - Member to act as Chairperson in certain circumstances