Prohibition of Benami Property Transactions Act, 1988

Section 42 - Power of Chairperson of Appellate Tribunal to Transfer Cases

Section 42 empowers the Chairperson of the Appellate Tribunal to transfer a pending case from one Bench of the Tribunal to another Bench for disposal.

Current statutory position: The governing law is the Prohibition of Benami Property Transactions Act, 1988, as amended. The 2016 amendment substantially amended and renamed the earlier Benami Transactions (Prohibition) Act, 1988. Section 42 should therefore be cited as a provision of the 1988 Act as amended.

Text and Meaning of Section 42

Section 42 deals with transfer of cases between Benches of the Appellate Tribunal. It provides that, on the application of a party after notice and hearing, or on the Chairperson's own motion without notice, the Chairperson may transfer a case pending before one Bench to another Bench for disposal.

What Power Does the Chairperson Have?

The Chairperson has administrative and procedural authority to reassign a pending case from one Bench of the Appellate Tribunal to another. The provision supports orderly distribution and effective disposal of appellate work where a transfer is considered necessary.

When Can a Case Be Transferred?

Section 42 recognizes two routes. First, a party may apply for transfer. In that situation, the parties must receive notice and must be heard before a transfer is ordered. Second, the Chairperson may act on his or her own motion. The statute expressly permits such a transfer without notice.

Key distinction: A party-requested transfer involves notice and hearing. A transfer initiated by the Chairperson on his or her own motion may be made without notice under the express wording of Section 42.

Connection with Other Appellate Tribunal Provisions

Section 42 forms part of Chapter V dealing with the Appellate Tribunal. It follows Section 41, which deals with distribution of business among Benches, and precedes Section 43, which deals with decisions by majority.

Official Source

For the latest consolidated statutory text, refer to the Government of India's India Code version of the Prohibition of Benami Property Transactions Act, 1988.

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

Last reviewed: 14 September 2026.