SectionsParticulars
Chapter IPreliminary
1Short title, extent, commencement and application
(1) This Act may be called the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. (2) It extends to the whole of India except the State of Ja...
2Definitions
In this Act, unless the context otherwise requires,- (a) "Appellate Tribunal" means an Appellate Tribunal established under sub-section (1) of section 8; (b) "...
Chapter IIEstablishment Of Tribunal And Appellate Tribunal
3Establishment of Tribunal
(1) The Central Government shall, by notification, establish one or more Tribunals, to be known as the Debts Recovery Tribunal, to exercise the jurisdiction, ...
4Composition of Tribunal
(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...
5Qualifications for appointment as Presiding Officer
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. ...
6Term of office
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...
7Staff of Tribunal
(1) The Central Government shall provide the Tribunal 4[with one or more Recovery Officers] and such other officers and employees as that government may think...
8Establishment of Appellate Tribunal
(1) The Central Government shall, by notification, establish one or more Appellate Tribunals, to be known as the Debts Recovery Appellate Tribunal, to exercis...
9Composition of Appellate Tribunal
An Appellate Tribunal shall consist of one person only (hereinafter referred to as 7[the Chairperson of the Appellate Tribunal] to be appointed, by notificati...
10Qualifications for appointment as 8[Chairperson of the Appellate Tribunal]
A person shall not be qualified for appointment as 9[the Chairperson of an Appellate Tribunal] unless he- (a) is, or has been, or is qualified to be, a Judge o...
11Term of office
9[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 th...
12Staff of the Appellate Tribunal
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 an...
13Salary and allowances and other terms and conditions of service of Presiding Officers
The salary and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of 11[the Pres...
14Filling up of vacancies
If, for any reason other than temporary absence, any vacancy occurs in the office 11[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tr...
15Resignation and removal
(1) 11[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 Gover...
16Orders constituting Tribunal or an Appellate Tribunal to be final, and not to invalidate its proceedings
No order of the Central Government appointing any person as 11[The Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] shall be calle...
Chapter IIIJurisdiction, Powers And Authority Of Tribunals
17Jurisdiction, powers and authority of Tribunals
(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 f...
17APower 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 ...
18Bar of jurisdiction
On and from the appointed day, no court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority (except the Supreme C...
Chapter IVProcedure Of Tribunals
19Application to the Tribunal
(1) Where a bank or a financial institution has to recover any debt from any person, it may make an application to the Tribunal within the local limits of wh...
20Appeal to the Appellate Tribunal
(1) Save as provided in sub-section (2), any person aggrieved by an order made, or deemed to have been made, by a Tribunal under this Act, may prefer an appea...
21Deposit of amount of debt due, on filing appeal
Where an appeal is preferred by any person from whom the amount of financial debt is due to a bank or a financial institution or a consortium of banks or fina...
22Procedure and powers of the Tribunal and the Appellate Tribunal
(1) The Tribunal and the Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guide...
23Right to legal representation and Presenting Officers
(1) A bank or a financial institution making an application to a Tribunal or an appeal to an Appellate Tribunal may authorize one or more legal practitioners ...
24Limitation
The provisions of the Limitation Act, 1963, (36 of l963) shall, as far as may be, apply to an application made to a Tribunal. ...
Chapter VRecovery Of Debt Determined By Tribunal
25Modes of recovery of debts
The Recovery Officer shall, on receipt of the copy of the certificate under sub-section (7) of section 19, proceed to recover the amount of debt specified in ...
26Validity of certificate and amendment thereof
(1) It shall not be open to the defendant to dispute before the Recovery Officer the correctness of the amount specified in the certificate, and no objection ...
27Stay of proceedings under certificate and amendment or withdrawal thereof
(1) Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount, the Presiding Officer may grant time for the pa...
28Other modes of recovery
(1) Where a certificate has been issued to the Recovery Officer under sub-section (7) of section 19, the Recovery Officer may, without prejudice to the modes ...
29Application of certain provisions of Income Tax Act
The provisions of the Second and Third Schedules to the Income Tax Act, 1961 (43 of 1961), and the Income Tax (Certificate Proceedings) Rules, 1962, as in for...
30Appeal against the order of Recovery Officer
(1) Notwithstanding anything contained in section 29, any person aggrieved by an order of the Recovery Officer made under this Act may, within thirty days fr...
Chapter VIMiscellaneous
31Transfer of pending cases
(1) Every suit or other proceeding pending before any court immediately before the date of establishment of a Tribunal under this Act, being a suit or proceed...
31APower of Tribunal to issue certificate of recovery in case of decree or order
(1) Where a decree or order was passed by any court before the commencement of the Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act,...
32Chairperson, Presiding Officer and staff of Appellate Tribunal and Tribunal to be public servants
The Chairperson of an Appellate Tribunal, the Presiding Officer of a Tribunal, the Recovery Officer and other officers and employees of an Appellate Tribunal...
33Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government or against 11[the Presiding Officer of a Tribunal or the Chairperson o...
34Act to have overriding effect
(1) Save as provided under sub-section (2), the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any othe...
35Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such...
36Power to make rules
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act(2) Without prejudice to the generality of the foregoing po...
37Repeal and saving
(1) The Recovery of Debts Due to Banks and Financial Institutions Ordinance, 1993 (Ord. 25 of 1993), is hereby repealed. (2) Notwithstanding such repeal, anyth...
Debts Recovery Tribunal (Procedure) Rules, 19931
1Short title and commencement
(1) These rules may be called the Debts Recovery Tribunal (Procedure) Rules, 1993. (2) They shall come into force on the date1 of their publication in the Off...
2Definitions
In these rules, unless the context otherwise requires,- (a) "agent" means a person duly authorized by a party to present application or to give reply on its be...
3Language of the Tribunal
(1) The proceedings of the Tribunal shall be conducted in English or Hindi. (2) No reference, application, representation, documents or other matter contained...
4Procedure for filing applications
(1) An application shall be presented in Form annexed to these rules by the applicant in person or by his agent or by a duly authorized legal practitioner to ...
5Presentation and scrutiny of applications
(1) The Registrar, or, as the case may be, the officer authorized by him under rule 4, shall endorse on every application the date on which it is presented or...
5AReview
(1) Any party considering itself aggrieved by an order made by the Tribunal on account of some mistake or error apparent on the face of the record desires to...
6Place of filing applications
The application shall be filed by the applicant with the Registrar within whose jurisdiction the applicant is functioning as a bank or financial institution, ...
7Application fee
(1) Every application 5[under section 19, interlocutory application or application for review of decision of Tribunal] shall be accompanied with a fee provide...
8Contents of application
(1) Every application filed under rule 4 shall set forth concisely under distinct heads, the grounds for such application and such grounds shall be numbered c...
9Documents to accompany the application
(1) Every application shall be accompanied by a paper book containing,- (i) statement showing details of the debt due from a 4[defendant] and the circumstance...
10Plural remedies
An applicant shall not seek relief or reliefs based on more than a single cause of action in one single application unless the relief’s prayed for are consequ...
11Endorsing copy of application to the respondent
A copy of the application and paper book shall be served on each of the respondents as soon as they are filed, by registered post. ...
12Filing of reply and other documents by the respondent
(1) The 4[defendant] may file 9[two complete sets] containing the reply to the application along with documents in a paper book form with the registry within ...
13Date and place of hearing to be notified
(1) The Tribunal shall notify the parties the date and place of hearing of the application in such a manner as the Presiding Officer may by general or special...
14Order to be signed and dated
(1) Every order of the Tribunal shall be in writing and shall be signed and dated by the Presiding Officer of the Tribunal. (2) The order shall be pronounced i...
15Publication of orders
Any orders of the Tribunal as are deemed fit for publication in any authoritative report or the press may be released for such publication on such terms and c...
16Communication or orders to parties
Every order passed on an application shall be communicated to the applicant and to the 4[defendant] either in person or by registered post free of cost. ...
17Fee for inspection of records and obtaining copies thereof
(1) A fee of rupees twenty for every hour or part thereof of inspection subject to a minimum of rupees one hundred shall be charged for inspecting the record ...
18Orders and directions in certain cases
The Tribunal may make such orders to give such decision as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to...
19Working hours of the Tribunal
Except on Saturdays, Sundays and other public holidays, the offices of the Tribunal shall, subject to any order made by the Presiding Officer, remain open dai...
20Sitting hours of the Tribunal
The sitting hours of the Tribunal (including a vacation bench), shall ordinarily be from 10.30 a.m. to 1.00 p.m. and 2.00 p.m. to 5.00 p.m. subject to any ord...
21Holiday
Where the last day for doing any act falls on a day which the office of the Tribunal is closed and by reason thereof the act cannot be done on that day, it ma...
22Powers and functions of the Registrar
(1) The Registrar shall have the custody of the records of the Tribunal and shall exercise such other functions as are assigned to him under these rules or by...
23Additional powers and duties of Registrar
In addition to the powers conferred elsewhere in these rules, the Registrar shall have the following powers and duties subject to any general or special order...
24Seal and emblem
The official seal and emblem of the Tribunal shall be such as the Central Government may specify. ...
FormApplication Under Section 19 Of The Recovery Of Debts Due To Banks And Financial Institutions Act, 1993
(Rule 4) For use in Tribunal's office _________________ Date of filing _________________ Date of receipt by post _________________ or Registration No _________...
Debts Recovery Appellate Tribunal (Procedure) Rules, 1994
1Short title and commencement
(1) These rules may be called the Debts Recovery Appellate Tribunal (Procedure) Rules, 1994 (2) They shall come into force on the date of their publication in...
2Definitions
In these rules, unless the context otherwise requires,- (a) "Act" means the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993); (...
3Sittings of Appellate Tribunal
An Appellate Tribunal shall hold its sittings either at headquarters or at such other place falling within its jurisdiction as it may consider convenient. ...
4Language of Appellate Tribunal
(1) The proceeding of the Appellate Tribunal shall be conducted in English or Hindi. (2) No appeal, reference, application, representation, document or other ...
5Procedure of filing appeals
(1) A memorandum of appeal shall be presented in the form annexed to these rules by the appellant either in person to the Registrar of the Appellate Tribunal ...
6Presentation and scrutiny of memorandum of appeal
(1) The Registrar shall endorse on every appeal the date on which it is presented under rule 5 or deemed to have been presented under that rule and shall sign...
7Place of filing memorandum of appeal
The memorandum of appeal shall be filed by the appellant with the Registrar of the Appellate Tribunal having jurisdiction in the matter. ...
8Fee
(1) Every memorandum of appeal under section 20 of the Act shall be accompanied with a fee provided in sub-rule (2) and such fee may be remitted either in the...
9Deposit of amount debt due
Where an appeal is preferred by a person referred to in section 21 of the Act, such appeal shall not be entertained by the Appellate Tribunal unless such pers...
10Contents of memorandum of appeal
(1) Every memorandum of appeal filed under rule 5 shall set forth concisely under distinct heads, the grounds of such appeal without any argument or narrative...
11Documents to accompany memorandum of appeal
(1) Every memorandum of appeal shall be in triplicate and shall be accompanied with two copies (at least one of which shall be a certified copy) of the order ...
12Plural remedies
A memorandum of appeal shall not seek relief or relief’s based on more than a single case of action in one single memorandum of appeal unless the relief’s pra...
13Endorsing copy of appeal to the respondents
A copy of the memorandum of appeal and the paper book shall be served on each of the respondents, as soon as they are filed, by the Registrar by registered po...
14Filing of reply to the appeal and other documents by the respondents
(1) The respondent may file four complete sets containing the reply to the appeal along with documents in a paper book form with the registry within one month...
15Who may be joined as respondents
(1) In an appeal by a person other than a bank or financial institution the bank or financial institution who has to recover any debt from any person under se...
16Date and place of hearing to be notified
The Appellate Tribunal shall notify the parties the date and place of hearing of the appeal in such a manner as the presiding officer may by general or specia...
17Dress regulations for the presiding officer and for the representatives of the parties
(1) Summer dress for the presiding officer shall be white pant with black coat and a black tie or a buttoned-up black coat. In winter, striped or black trouse...
18Order to be signed and dated
(1) Every order of the Appellate Tribunal shall be in writing and shall be signed and dated by the Presiding Officer of the Appellate Tribunal. (2) The order ...
19Publication of orders
The orders of the Appellate Tribunal as are deemed fit for publication in any authoritative report or the press may be released for such publication on such t...
20Communication of orders
Every order passed on an appeal shall be communicated to the appellant and to the respondent and to the Tribunal concerned either in person or by registered p...
21Fee for inspection of records and obtaining copies thereof
(1) A fee of rupees twenty for every hour or part thereof of inspection subject to a minimum of rupees one hundred shall be charged for inspecting the records...
22Orders and directions in certain cases
The Appellate Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its p...
23Working hours of the Appellate Tribunal
(1) Except on Saturdays, Sundays and other public holidays the offices of the Appellate Tribunal shall, subject to any other order made by the Presiding Offic...
24Holiday
Where the last day for doing any act falls on a day on which the office of the Appellate Tribunal is closed and by reason thereof the act cannot be done on th...
25Powers and functions of the Registrar
(1) The Registrar shall have the custody of the records of the Appellate Tribunal and shall exercise such other functions as are assigned to him under these r...
26Additional powers and duties of Registrar
In addition to the powers conferred elsewhere in these rules, the Registrar shall have the following powers and duties subject to any general or special order...
27Seal and emblem
The official seal and emblem of the Appellate Tribunal shall be such as the Central Government may specify. ...
FormMemorandum Of Appeal Under Section 20, Section 30 Of The Recovery Of Debts Due To Banks And Financial Institutions Act, 1993 (51 Of 1993)
For use in Appellate Tribunal's office Date of filing ________________ Date of receipt by post ________________ Registration number ________________ Signature R...
Debts Recovery Tribunal (Financial And Administrative Power) Rules, 1997
1Short title and commencement
(1) These rules may be called the Debts Recovery Tribunal (Financial and Administrative Power) Rules, 1997. (2) They shall come into force on the date1 of thei...
2Definitions
In these rules, unless the context otherwise requires,- (a) "Act" means the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993); (...
3Powers of the Presiding Officer of the Tribunal
The Presiding Officer shall have the same powers as are conferred on a Head of Department in respect of the General Financial Rules, 1963, the Delegation of t...
Debts Recovery Appellate Tribunal (Financial And Administrative Power) Rules, 1997
1Short title and commencement
(1) These rules may be called the Debts Recovery Appellate Tribunal (Financial and Administrative Power) Rules, 1997. (2) They shall come into force on the dat...
2Definitions
In these rules, unless the context otherwise requires,- (a) "Act" means the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993); (...
3Powers of the Presiding Officer of the Appellate Tribunal
The Presiding Officer shall have the same powers as are conferred on a Head of Department in respect of the General Financial Rules, 1963, the Delegation of t...
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