Section 10 in The Recovery Of Debts And Bankruptcy Act, 1993

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.

Title: Salary and allowances and other terms and conditions of service of Presiding Officers

Description: The salary and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, 1[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. 1 Subs. by Act 1 of 2000, s. 2, for "the Presiding Officer of a Tribunal or an Appellate Tribunal" (w.e.f. 17-1-2000). 2 Subs. by s. 6, ibid., for "the said Presiding Officers shall be varied to their" (w.e.f. 17-1-2000).

Title: Filling up of vacancies

Description: If, for any reason other than temporary absence, any vacancy occurs in the office of 1[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. 1 . Subs. by s. 2, ibid., for "the Presiding Officer of a Tribunal or an Appellate Tribunal" (w.e.f. 17-1-2000).

CHAPTER 2 ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNAL