Sections Particulars
Chapter I Preliminary
1 Short 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...
2 Definitions
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 II Establishment Of Tribunal And Appellate Tribunal
3 Establishment 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, ...
4 Composition 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...
5 Qualifications 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. ...
6 Term 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...
7 Staff 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...
8 Establishment 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...
9 Composition 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...
10 Qualifications 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...
11 Term 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...
12 Staff 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...
13 Salary 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...
14 Filling 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...
15 Resignation 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...
16 Orders 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 III Jurisdiction, Powers And Authority Of Tribunals
17 Jurisdiction, 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...
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 ...
18 Bar 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 IV Procedure Of Tribunals
19 Application 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...
20 Appeal 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...
21 Deposit 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...
22 Procedure 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...
23 Right 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 ...
24 Limitation
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 V Recovery Of Debt Determined By Tribunal
25 Modes 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 ...
26 Validity 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 ...
27 Stay 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...
28 Other 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 ...
29 Application 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...
30 Appeal 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 VI Miscellaneous
31 Transfer 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...
31A Power 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,...
32 Chairperson, 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...
33 Protection 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...
34 Act 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...
35 Power 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...
36 Power 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...
37 Repeal 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
1 Short 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...
2 Definitions
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...
3 Language 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...
4 Procedure 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 ...
5 Presentation 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...
5A Review
(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...
6 Place 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, ...
7 Application 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...
8 Contents 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...
9 Documents 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...
10 Plural 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...
11 Endorsing 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. ...
12 Filing 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 ...
13 Date 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...
14 Order 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...
15 Publication 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...
16 Communication 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. ...
17 Fee 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 ...
18 Orders 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...
19 Working 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...
20 Sitting 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...
21 Holiday
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...
22 Powers 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...
23 Additional 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...
24 Seal and emblem
The official seal and emblem of the Tribunal shall be such as the Central Government may specify. ...
Form Application 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
1 Short 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...
2 Definitions
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); (...
3 Sittings 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. ...
4 Language 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 ...
5 Procedure 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 ...
6 Presentation 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...
7 Place 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. ...
8 Fee
(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...
9 Deposit 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...
10 Contents 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...
11 Documents 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 ...
12 Plural 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...
13 Endorsing 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...
14 Filing 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...
15 Who 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...
16 Date 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...
17 Dress 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...
18 Order 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 ...
19 Publication 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...
20 Communication 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...
21 Fee 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...
22 Orders 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...
23 Working 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...
24 Holiday
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...
25 Powers 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...
26 Additional 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...
27 Seal and emblem
The official seal and emblem of the Appellate Tribunal shall be such as the Central Government may specify. ...
Form Memorandum 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
1 Short 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...
2 Definitions
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); (...
3 Powers 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
1 Short 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...
2 Definitions
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); (...
3 Powers 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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