Section 14 in The Recovery Of Debts And Bankruptcy Act, 1993

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).

Title: Qualifications, terms and conditions of service of Chairperson

Description: 1[15A. Qualifications, terms and conditions of service of Chairperson.-- Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the terms and conditions of service of the Chairperson of the Appellate 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 Chairperson 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).

Title: Orders constituting Tribunal or an Appellate Tribunal to be final and not to invalidate its proceedings

Description: No order of the Central Government appointing any person as 1[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] shall be called in question in any manner, and no act or proceeding before a Tribunal or an Appellate Tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a Tribunal or 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).

Title: Jurisdiction, powers and authority of Tribunals

Description: (1) A Tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain and decide applications from the banks and financial institutions for recovery of debts due to such banks and financial institutions. 1[(1A) Without prejudice to sub-section (1),— (a) the Tribunal shall exercise, on and from the date to be appointed by the Central Government, the jurisdiction, powers and authority to entertain and decide applications under Part III of Insolvency and Bankruptcy Code, 2016 (31 of 2016). (b) the Tribunal shall have circuit sittings in all district headquarters.] (2) An Appellate Tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain appeals against any order made, or deemed to have been made, by a Tribunal under this Act. 2[(2A) Without prejudice to sub-section (2), the Appellate Tribunal shall exercise, on and from the date to be appointed by the Central Government, the jurisdiction, powers and authority to entertain appeals against the order made by the Adjudicating Authority under Part III of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)).] 1. Ins. by Act 31 of 2016, s. 249 and the Fifth Schedule (w.e.f. 1-12-2019). 2. Ins. by Act 31 of 2016, s. 249 and the Fifth Schedule (w.e.f. 1-12-2019).

CHAPTER 2 ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNAL