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RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993

Title : RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993

Year : 1993



(1) The Central Government shall, by notification, establish one or more Tribunals, to be known as the Debts Recovery Tribunal, to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.

(2) The Central Government shall also specify, in the notification referred to in sub-section (1), the areas within which the Tribunal may exercise jurisdiction for entertaining and deciding the applications filed before it.



(1) A Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the Central Government.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may authorise the Presiding Officer of one Tribunal to discharge also the functions of the Presiding Officer of another Tribunal.



A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless he is, or has been, or is qualified to be, a District Judge.



The Presiding Officer of a Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier.



(1) The Central Government shall provide the Tribunal with one or more Recovery Officers and such other officers and employees as that government may think fit.

(2) The Recovery Officers and other officers and employees of a Tribunal shall discharge their functions under the general superintendence of the Presiding Officer.

(3) The salaries and allowances and other conditions of service of the Recovery Officers and other officers and employees of a Tribunal shall be such as may be prescribed.



(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.

(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) 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.



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.

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1. Substituted by Amendment Act of 2000, for the words the Presiding Officer of the Appellate Tribunal, w.e.f. 17th. January, 2000.

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A person shall not be qualified for appointment as 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.

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1 Substituted for the words Presiding Officer of the Appellate Tribunal by Amendment Act of 2000, w.e.f. 17th. January, 2000.

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1*[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 or until he attains the age of 2*[sixty-five years], whichever is earlier.

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1. Substituted by Amendment Act of 2000, for the words the Presiding Officer of an Appellate Tribunal, w.e.f. 17th. January, 2000.

2. Substituted for the words sixty-two years by Amendment Act, 1995.

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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.



The salary and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of 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 1*[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal shall be varied to his] disadvantage after appointment.

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1. Substituted by Amendment Act of 2000, for the words the said Presiding Officers shall be varied to their w.e.f. 17th. January, 2000.

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If, for any reason other than temporary absence, any vacancy occurs in the office 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) 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 1*[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] 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) 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 the Chairperson of an Appellate Tribunal, made by a Judge of the Supreme Court,in which the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal the Presiding Officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges.

(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal.

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1. Substituted for the words the said Presiding Officer by Amendment Act of 2000, w.e.f. 17th. January, 2000.

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No order of the Central Government appointing any person as 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.
Last updated on July, 2016

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