Chapter-II Establishment of Tribunal and Appellate Tribunal (RDDBFI Act, 1993)

RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 (RDDBFI Act, 1993)


CHAPTER II
ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNAL

Section 3: Establishment of Tribunal:

“3. (1) The Central Government shall, by notification, establish one or more Tribunals, to be known as the Debts Recovery Tribunal, to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.

(1A) The Central Government shall by notification establish such number of Debts Recovery Tribunals and its benches as it may consider necessary, to exercise the jurisdiction, powers and authority of the Adjudicating Authority, conferred on such Tribunal by or under the Insolvency and Bankruptcy Code, 2016.

(2) The Central Government shall also specify, in the notification referred to in sub-section (1), the areas within which the Tribunal may exercise jurisdiction for entertaining and deciding the applications filed before it.”

 Section 4: Composition of Tribunal:

“4. (1) A Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the Central Government.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may authorise the Presiding Officer of one Tribunal to discharge also the functions of the Presiding Officer of another Tribunal.”

Section 5: Qualifications for appointment as Presiding Officer:

“5. A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless he is, or has been, or is qualified to be, a District Judge.”

Section 6: Term of office:

“6. The Presiding Officer of a Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier.”

Section 7: Staff of Tribunal:

“7. (1) The Central Government shall provide the Tribunal with one or more Recovery Officers and such other officers and employees as that Government may think fit.

(2) The Recovery Officers and other officers and employees of a Tribunal shall discharge their functions under the general superintendence of the Presiding Officer.

(3) The salaries and allowances and other conditions of service of the Recovery Officers and other officers and employees of a Tribunal shall be such as may be prescribed.”

Section 8: Establishment of Appellate Tribunal:

“8. (1) The Central Government shall, by notification, establish one or more Appellate Tribunals, to be known as the Debts Recovery Appellate Tribunal, to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.

(1A) The Central Government shall, by notification, establish such number of Debt Recovery Appellate Tribunals to exercise jurisdiction, powers and authority to entertain appeal against the order made by the Adjudicating Authority under Part III of the Insolvency and Bankruptcy Code, 2016.

(2) The Central Government shall also specify in the notification referred to in sub-section (1) the Tribunals in relation to which the Appellate Tribunal may exercise jurisdiction.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the Central Government may authorise the Chairperson of one Appellate Tribunal to discharge also the functions of the Chairperson of other Appellate Tribunal.”

Section 9: Composition of Appellate Tribunal:

“9. An Appellate Tribunal shall consist of one person only (hereinafter referred to as the Chairperson of the Appellate Tribunal to be appointed, by notification, by the Central Government.”

Section 10: Qualifications for appointment as Chairperson of the Appellate Tribunal:

“10. A person shall not be qualified for appointment as the Chairperson of an Appellate Tribunal unless he—

(a) is, or has been, or is qualified to be, a Judge of a High Court; or

(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years; or

(c) has held office as the Presiding Officer of a Tribunal for at least three years.”

Section 11: Term of office:

“11. The Chairperson of an Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.”

Section 12: Staff of the Appellate Tribunal:

“12. The provisions of section 7 (except those relating to Recovery Officer) shall, so far as may be, apply to an Appellate Tribunal as they apply to a Tribunal and accordingly references in that section to “Tribunal” shall be construed as references to “Appellate Tribunal” and references to “Recovery Officer” shall be deemed to have been omitted.”

Section 13: Salary and allowances and other terms and conditions of service of Presiding Officers:

“13. The salary and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal shall be such as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of service of 2[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal shall be varied to his] disadvantage after appointment.”

Section 14: Filling up of vacancies:

“14. If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal, then the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Tribunal or the Appellate Tribunal from the stage at which the vacancy is filled.”

Section 14: Filling up of vacancies:

“14 . If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal, then the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Tribunal or the Appellate Tribunal from the stage at which the vacancy is filled.”

Section 15: Resignation and removal:

“15. (1) The Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office:

Provided that the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

(2) The Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after inquiry,—

(a) in the case of the Presiding Officer of a Tribunal, made by a Judge of a High Court;

(b) in the case of the Chairperson of an Appellate Tribunal, made by a Judge of the Supreme Court,

in which the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges:

Provided that the Central Government, during the pendency of the inquiry against the Presiding Officer or a Chairperson, as the case may be, may, after consulting the Chairperson of the Selection Committee constituted for selection of Presiding Officer or Chairperson, Pass an order suspending the Presiding Officer or the Chairperson, if it is satisfied that he should cease to discharge his functions as a Presiding Officer or Chairperson, as the case may be.

(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal.”

Section 16: Orders constituting Tribunal or an Appellate Tribunal to be final and not to invalidate its proceedings:

“16. No order of the Central Government appointing any person as the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal shall be called in question in any manner, and no Act or proceeding before a Tribunal or an Appellate Tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a Tribunal or an Appellate Tribunal.”

Leave a Reply

WhatsApp Bulletin-XIV