Section 17A of Recovery of Debts and Bankruptcy Act, 1993: Power of Chairperson of Appellate Tribunal

The Recovery of Debts and Bankruptcy Act, 1993 Chapter-III Jurisdiction, Powers and Authority of Tribunals Section 17A: Power of […]

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The Recovery of Debts and Bankruptcy Act, 1993

Chapter-III Jurisdiction, Powers and Authority of Tribunals

Section 17A: Power of Chairperson of Appellate Tribunal.

1[17A. (1) The Chairperson of an Appellate Tribunal shall exercise general power of superintendence and control over the Tribunals under his jurisdiction including the power of appraising the work and recording the annual confidential reports of Presiding Officers.

2[(1A) For the purpose of exercise of general powers of superintendence and control over Tribunals under sub-section (1), the Chairperson may—

(i) direct the Tribunals to furnish, in such form, at such intervals and within such time, information relating to pending cases both under this Act and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), or under any other law for the time being in force, number of cases disposed of, number of new cases filed and such other information as may be considered necessary by the Chairperson;

(ii) convene meetings of the Presiding Officers of Tribunals periodically to review their performance.

(1B) Where on assessment of the performance of any Presiding Officer of the Tribunal or otherwise, the Chairperson is of the opinion that an inquiry is required to be initiated against such Presiding Officer for misbehaviour or incapacity, he shall submit a report to the Central Government recommending action against such Presiding Officer, if any, under section 15, and for reasons to be recorded in writing for the same.]

(2) The Chairperson of an Appellate Tribunal having jurisdiction over the Tribunals may, on the application of any of the parties or on his own motion after notice to the parties and after hearing them, transfer any case from one Tribunal for disposal to any other Tribunal.]


Reference

1. Inserted by RDDBFI (Amendment) Act, 2000 (w.e.f.17.01.2000).
2. Inserted by Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016, (w.e.f. 01.09.2016 vide N. No. S.O. 2831(E) dated 01.09.2016).



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