Section 3 in The Recovery Of Debts And Bankruptcy Act, 1993

Title: Establishment of Tribunal

Description: (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. 1[(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 (31 of 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. 1 Ins. by Act 31 of 2016, s. 249 and the Fifth Schedule (w.e.f. 1-12-2019).

Title: Composition of Tribunal

Description: (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. 1[(2) Notwithstanding anything contained in sub-section (1), the Central Government may— (a) authorise the Presiding Officer of any other Tribunal established under any other law for the time being in force to discharge the function of the Presiding Officer of a Debt Recovery Tribunal under this Act in addition to his being the Presiding Officer of that Tribunal; or (b) authorise the judicial Member holding post as such in any other Tribunal, established under any other law for the time being in force, to discharge the functions of the Presiding Officer of Debts Recovery Tribunal under this Act, in addition to his being the judicial Member of that Tribunal.] 1 Subs. by Act 44 of 2016, s. 27, for sub-section (2) (w.e.f. 1-9-2016).

Title: Qualifications for appointment as Presiding Officer

Description: 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.

Title: Term of office of Presiding Officer

Description: 1[6. Term of office of Presiding Officer.-- 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 and shall be eligible for reappointment: Provided that no person shall hold office as the Presiding Officer of a Tribunal after he has attained the age of sixty-five years.] 1 Subs. by s. 28, ibid., for section 6 (w.e.f. 1-9-2016).

Title: Qualifications, terms and conditions of service of Presiding Officer

Description: 1[6A. Qualifications, terms and conditions of service of Presiding Officer. -- Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Presiding Officer of the Tribunal appointed after the commencement of 2[the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act]: Provided that the Presiding Officer appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.] 1. Ins. by Act 7 of 2017, s. 179 (w.e.f. 26-5-2017). 2. Subs. by Act 33 of 2021, s. 18, for “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of section 184 of that Act” (w.e.f. 4-4-2021).

CHAPTER 2 ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNAL