Section 11 in The Recovery Of Debts And Bankruptcy Act, 1993

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).

Title: Resignation and removal

Description: (1) 1[The Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that 2[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] shall, shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (2) 1[The Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after inquiry,-- (a) in the case of the Presiding Officer of a Tribunal, made by a Judge of a High Court; (b) in the case of 3[the Chairperson of an Appellate Tribunal], made by a Judge of the Supreme Court, in which 4[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges: 5[Provided that the Central Government, during the pendency of the inquiry against the Presiding Officer or a Chairperson, as the case may be, may, after consulting the Chairperson of the Selection Committee constituted for selection of Presiding Officer or Chairperson, pass an order suspending the Presiding Officer or the Chairperson, if it is satisfied that he should cease to discharge his functions as a Presiding Officer or Chairperson, as the case may be. (3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of 6[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal.] 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. 7, ibid., for the said Presiding Officer (w.e.f. 17-1-2000). 3 Subs. by s. 2, ibid., for "the Presiding Officer of an Appellate Tribunal" (w.e.f. 17-1-2000). 4 Subs. by s. 7, ibid., for "the Presiding Officer concerned" (w.e.f. 17-1-2000). 5 Ins. by Act 1 of 2013, s. 13 (w.e.f. 15-1-2013). 6 Subs. by Act 1 of 2000, s. 7, for "the aforesaid Presiding Officer" (w.e.f. 17-1-2000).

CHAPTER 2 ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNAL