Prohibition of Benami Property Transactions Act, 1988
Section 39 - Staff of Appellate Tribunal
Section 39 deals with the officers and employees who support the Appellate Tribunal under the Prohibition of Benami Property Transactions Act, 1988. The provision places responsibility on the Central Government to provide staff and makes that staff subject to the general superintendence of the Chairperson.
Current legal position: Section 39 forms part of the Prohibition of Benami Property Transactions Act, 1988, as substantially amended by the Benami Transactions (Prohibition) Amendment Act, 2016 with effect from 1 November 2016. The older description referring only to the "2016 Amendment Act" is therefore better understood as a reference to the amendment through which the present Appellate Tribunal framework was introduced.
What does Section 39 provide?
- Central Government to provide staff: The Central Government is required to provide the Appellate Tribunal with such officers and employees as it considers appropriate.
- Supervision by Chairperson: The officers and employees of the Appellate Tribunal discharge their functions under the general superintendence of the Chairperson.
- Service conditions: Salaries, allowances and other conditions of service of the officers and employees are governed by the applicable prescribed rules.
Meaning and purpose of Section 39
Section 39 is an administrative provision. It ensures that the Appellate Tribunal is supported by officers and employees necessary for its day-to-day functioning. The section does not itself create adjudicatory powers for the staff. Instead, it establishes the staffing framework and identifies the Chairperson as the authority exercising general superintendence over Tribunal personnel.
The expression "as may be prescribed" refers to matters that may be dealt with by rules made under the Act. Accordingly, pay, allowances and other service conditions are not exhaustively set out in Section 39 itself.
How Section 39 fits into the Appellate Tribunal framework
Section 39 should be read together with the surrounding provisions governing the Appellate Tribunal. Sections 31 to 38 concern the Tribunal's constitution, qualifications, tenure, vacancies, resignation and acting Chairperson arrangements, while Section 40 deals with its procedure and powers.
Key points at a glance
Who provides the staff? The Central Government.
Who supervises the staff? The Chairperson of the Appellate Tribunal exercises general superintendence.
Who determines pay and service conditions? These matters are governed by the applicable prescribed rules.
Official text and reference
For the authoritative statutory text, refer to the official India Code publication of the Prohibition of Benami Property Transactions Act, 1988. The Act defines the Appellate Tribunal and contains the complete statutory framework, including Sections 30 onward.
Related provisions
Readers may also refer to the provisions immediately preceding and following Section 39, particularly Section 38 - Member to act as Chairperson in certain circumstances and Section 40 - Procedure and powers of Appellate Tribunal.