Section 15 in The Recovery Of Debts And Bankruptcy Act, 1993

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).

Title: Power of Chairperson of Appellate Tribunal

Description: 1[17A. Power of Chairperson of Appellate Tribunal.-- (1) The Chairperson of an Appellate Tribunal shall exercise general power of superintendence and control over the Tribunals under his jurisdiction including the power of appraising the work and recording the annual confidential reports of Presiding Officers. 2[(1A) For the purpose of exercise of general powers of superintendence and control over Tribunals under sub-section (1), the Chairperson may— (i) direct the Tribunals to furnish, in such form, at such intervals and within such time, information relating to pending cases both under this Act and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), or under any other law for the time being in force, number of cases disposed of, number of new cases filed and such other information as may be considered necessary by the Chairperson; (ii) convene meetings of the Presiding Officers of Tribunals periodically to review their performance. (1B) Where on assessment of the performance of any Presiding Officer of the Tribunal or otherwise, the Chairperson is of the opinion that an inquiry is required to be initiated against such Presiding Officer for misbehaviour or incapacity, he shall submit a report to the Central Government recommending action against such Presiding Officer, if any, under section 15, and for reasons to be recorded in writing for the same.] (2) The Chairperson of an Appellate Tribunal having jurisdiction over the Tribunals may, on the application of any of the parties or on his own motion after notice to the parties and after hearing them, transfer any case from one Tribunal for disposal to any other Tribunal.] 1 Ins. by Act 1 of 2000, s. 8 (w.e.f. 17-1-2000). 2 Ins. by Act 44 of 2016, s. 31 (w.e.f. 1-9-2016)

CHAPTER 2 ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNAL