Prohibition of Benami Property Transactions (Conditions of services of Members of Adjudicating Authority) Rules, 2019

MINISTRY OF FINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 27th May, 2019

G.S.R. 379(E).—In exercise of the powers conferred by section 68 read with sub-section (2) of section 9, subsection (1) of section 13 of the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) (hereafter referred to as ‘the Act’), the Central Government hereby makes the following rules, namely:— 

1. Short title and commencement.—(1) These rules may be called the Prohibition of Benami Property Transactions (Conditions of services of Members of Adjudicating Authority) Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definition.− (1) In these rules, unless the context otherwise requires,−

(a) “Act” means the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988);

(b) “Search–cum–Selection Committee” means the Search–cum–Selection Committee as referred to in rule 3;

(c) “section” means a section of the Act.

(2) Words and expression used and not defined in these rules but defined in the Act shall have the same meanings respectively assigned to them in the Act.

3. Method of recruitment.− (1) The Member of the Adjudicating Authority shall be appointed by the Central Government, on the recommendation of the Search–cum–Selection Committee specified in sub-rule (4) in respect of the said members.

(2) The Search–cum–Selection Committee shall determine its procedure for making its recommendation.

(3) No appointment of Member of the Adjudicating Authority shall be invalid merely by reason of any vacancy or absence in the Search–cum–Selection Committee.

(4) The Search–cum–Selection Committee for the post of the Member of the Adjudicating Authority shall consist of,—

(i) Secretary to the Government of India, Ministry of Finance, Department of Revenue — Chairperson;

(ii) Secretary to the Government of India, Ministry of Law and Justice, Department of Legal Affairs — Member;

(iii) Chairperson, Central Board of Direct Taxes — Member.

4. Medical fitness.—No person shall be appointed as the Member of the Adjudicating Authority, unless he is declared medically fit by an authority specified by the Central Government.

5. Resignation.— The Member of the Adjudicating Authority may, by writing under his hand addressed to the Central Government, resign his office at any time:

     Provided that he shall, unless permitted by the Central Government to relinquish his office from the date as specified in the resignation letter, continue to hold office until the expiry of three months from the date of receipt of such notice by the Central Government or until a person duly appointed as a successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

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