Prohibition of Benami Property Transactions Act, 1988

Section 34: Term of Office of Chairperson and Members of Appellate Tribunal

Section 34 of the Prohibition of Benami Property Transactions Act, 1988 deals with the tenure of the Chairperson and Members of the Appellate Tribunal constituted under the Act. The provision was introduced through the 2016 amendment and came into force on 1 November 2016.

In brief: the Chairperson and Members may hold office for a term not exceeding five years from the date they enter office, but only until the age of sixty-five years, whichever occurs earlier. They are not eligible for reappointment.

Text of Section 34

34. Term of office of Chairperson and Members. - The Chairperson and Members of the Appellate Tribunal shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment.

Meaning and effect of Section 34

Section 34 fixes both a maximum tenure and an upper age limit. The actual period in office ends on the earlier of the two limits. A person therefore cannot continue merely because the five-year period has not expired if he or she has already attained sixty-five years of age.

Maximum tenure: not more than five years from the date of entering office.
Age ceiling: office cannot continue after the age of sixty-five years.
Whichever is earlier: the earlier of the five-year limit or age sixty-five controls.
No reappointment: the Chairperson or Member is not eligible for a further appointment under this provision.

Appellate Tribunal under the Benami law

For the purposes of this Act, the expression "Appellate Tribunal" refers to the Appellate Tribunal established under Section 30. Section 34 should therefore be read with the surrounding provisions dealing with the Tribunal, including its composition, qualifications, service conditions, removal, vacancies and procedure.

Current statutory reference

The governing enactment is the Prohibition of Benami Property Transactions Act, 1988 (Act No. 45 of 1988). The Act was extensively amended in 2016. For the authoritative and updated bare Act, refer to the official India Code portal.

Official India Code: Prohibition of Benami Property Transactions Act, 1988

This page is intended as a general legal information resource. For litigation, compliance, appointment or service-condition issues, the current Act, applicable rules, notifications and binding judicial decisions should be checked.