The Recovery of Debts and Bankruptcy Act, 1993 – Bare Act

The Recovery of Debts and Bankruptcy Act, 1993

Chapter-I Preliminary

Section-1 Short title extent commencement and application
Section-2 Definitions

Chapter-II Establishment of Tribunal and Appellate Tribunal

Section-3 Establishment of Tribunal
Section-4 Composition of Tribunal
Section-5 Qualifications for appointment as Presiding Officer
Section-6 Term of office of Presiding Officer
Section-6A Qualifications terms and conditions of service of Presiding Officer
Section-7 Staff of Tribunal
Section-8 Establishment of Appellate Tribunal
Section-9 Composition of Appellate Tribunal
Section-10 Qualifications for appointment as the Chairperson of the Appellate Tribunal
Section-11 Term of office of Chairperson of Appellate Tribunal
Section-12 Staff of the Appellate Tribunal
Section-13 Salary and allowances and other terms and conditions of service of Presiding Officers
Section-14 Filling up of vacancies
Section-15 Resignation and removal
Section-15A Qualifications terms and conditions of service of Chairperson
Section-16 Orders constituting Tribunal or an Appellate Tribunal to be final and not to invalidate its proceedings

Chapter-III Jurisdiction, Powers and Authority of Tribunals

Section-17 Jurisdiction powers and authority of Tribunals
Section-17A Power of Chairperson of Appellate Tribunal
Section-18 Bar of jurisdiction

Chapter-IV Procedure of Tribunals

Section-19 Application to the Tribunal
Section-19A Filing of recovery applications documents and written statements in electronic form
Section-20 Appeal to the Appellate Tribunal
Section-21 Deposit of amount of debt due on filing appeal
Section-22 Procedure and powers of the Tribunal and the Appellate Tribunal
Section-22A Uniform procedure for conduct of proceedings
Section-23 Right to legal representation and Presenting Officers
Section-24 Limitation

Chapter-V Recovery of Debt determined by Tribunal

Section-25 Modes of recovery of debts
Section-26 Validity of certificate and amendment thereof
Section-27 Stay of proceedings under certificate and amendment or  withdrawal thereof
Section-28 Other modes of recovery
Section-29 Application of certain provisions of Income-tax Act
Section-30 Appeal against the order of Recovery Officer
Section-30A Deposit of amount of debt due for filing appeal against orders of the Recovery Officer

Chapter-VI Miscellaneous

Section-31 Transfer of pending cases
Section-31A Power of Tribunal to issue certificate of recovery in case of decree or order
Section-31B Priority to secured creditors
Section-32 Chairperson Presiding Officer and staff of Appellate Tribunal and Tribunal to be public servants
Section-33 Protection of action taken in good faith
Section-34 Act to have overriding effect
Section-35 Power to remove difficulties
Section-36 Power to make rules
Section-37 Repeal and saving

Access complete Bare Act here and Notification and Circular here.

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