Section 8 in The Recovery Of Debts And Bankruptcy Act, 1993

Title: Establishment of Appellate Tribunal

Description: (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: 1[Provided that the Central Government may authorise the Chairperson of any other Appellate Tribunal, established under any other law for the time being in force, to discharge the functions of the Chairperson of the Debts Recovery Appellate Tribunal under this Act in addition to his being the Chairperson of that Appellate Tribunal.] 2[(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 (31 of 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[(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.] 1 Ins. by Act 44 of 2016, s. 29 (w.e.f. 1-9-2016). 2 Ins. by Act 31 of 2016, s. 249 and the Fifth Schedule (w.e.f. 1-12-2019). 3 Ins. by Act 1 of 2000, s. 5 (w.e.f. 17-1-2000).

Title: Composition of Appellate Tribunal

Description: An Appellate Tribunal shall consist of one person only (hereinafter referred to as 1[the Chairperson of the Appellate Tribunal]) to be appointed, by notification, by the Central Government. 1 . Subs. by s. 2, ibid., for "the Presiding Officer of the Appellate Tribunal" (w.e.f. 17-1-2000).

Title: Qualifications for appointment as Chairperson of the Appellate Tribunal

Description: 10. Qualifications for appointment as 1[the Chairperson of the Appellate Tribunal].-- A person shall not be qualified for appointment as 2[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. 1 Subs. by s. 2, ibid., for "the Presiding Officer of the Appellate Tribunal" (w.e.f. 17-1-2000). 2 Subs. by s. 2, ibid., for "the Presiding Officer of an Appellate Tribunal" (w.e.f. 17-1-2000).

Title: Term of office of Chairperson of Appellate Tribunal

Description: 1[11. Term of office of Chairperson of Appellate Tribunal.-- 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 and shall be eligible for reappointment: Provided that no person shall hold office as the Chairperson of a Appellate Tribunal after he has attained the age of seventy years.] 1 Subs. by Act 44 of 2016, s. 30, for section 11 (w.e.f. 1-9-2016).

Title: Staff of the Appellate Tribunal

Description: 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.

CHAPTER 2 ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNAL