- Author(s): Bare Act
- Edition: Current Year
- Approx. Pages 76 + Contents
- Format Paperback
- Delivery Time Normally 7-9 working days
as amended by
The Finance Act, 2017
(7 of 2017)
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Description
• The Debts Recovery Tribunal (Procedure) Rules, 1993 as amended by (Amendment)
Rules, 2016
• The Debts Recovery Appellate Tribunal (Procedure) Rules, 1994 as amended by
(Amendment) rules, 2016
• The Debts Recovery Tribunal (Financial and Administrative Power) Rules, 1997
• The Debts Recovery Appellate Tribunal (Financial and Administrative Power) Rules, 1997
as amended by (Amendment) Rules, 2016
• The Debts Recovery Appellate Tribunal (Procedure for Appointment as Chairperson of
the Appellate Tribunal) Rules, 1998
• The Debts Recovery Tribunal (Procedure for Appointment as Presiding Officer of the
Tribunal) Rules, 1998
• The Debts Recovery Tribunal (Procedure for Investigation of Misbehaviour or
Incapacity of Presiding Officer) Rules, 2010 as amended by (Amendment) Rules, 2016
• The Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013
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Contents
Amendments to the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993) by the Finance Act, 2017 (7 of 2017)
Chapter I : Preliminary
1. Short title, extent, commencement and application
2. Definitions
Chapter II : Establishment Of Tribunal and Appellate Tribunal
3. Establishment of Tribunal
4. Composition of Tribunal
5. Qualifications for appointment as Presiding Officer
6. Term of Office of Presiding Officer
6A. Qualifications Terms and Conditions of Service of Presiding Officer
7. Staff of Tribunal
8. Establishment of Appellate Tribunal
9. Composition of Appellate Tribunal
10. Qualifications for appointment as Chairperson of the Appellate Tribunal
11. Term of Office of chairperson of Appellate Tribunal
12. Staff of the Appellate Tribunal
13. Salary and allowances and other terms and conditions of service of Presiding Officers
14. Filling up of vacancies
15. Resignation and removal
15A. Qualifications Terms and Conditions of Service of Chairperson
16. Orders constituting Tribunal or an Appellate Tribunal to be final
and not to invalidate its proceedings
Chapter III : Jurisdiction, Powers and Authority of Tribunals
17. Jurisdiction, powers and authority of Tribunals
17A. Power of Chairperson of Appellate Tribunal
18. Bar of Jurisdiction
Chapter IV : Procedure of Tribunals
19. Application to the Tribunal
19A.
19A. Filing of recovery applications, documents and statements in electronic form
20. Appeal to the Appellate Tribunal
21. Deposit of amount of debt due, on filing appeal
22. Procedure and Powers of the Tribunal and the Appellate Tribunal
22A. Uniform procedure for conduct of proceedings
23. Right to legal representation and Presenting Officers
24. Limitation
Chapter V : Recovery of Debt Determined by Tribunal
25. Modes of recovery of debts
26. Validity of certificate and amendment thereof
27. Stay of proceedings under certificate and amendment or withdrawal thereof
28. Other modes of recovery
29. Application of certain provisions of Income-tax Act
30. Appeal against the order of Recovery Officer
30A. Deposit of amount of debt due for filing appeal against orders of the Recovery Officer
Chapter VI : Miscellaneous
31. Transfer of pending cases
31A. Power of Tribunal to issue certificate of recovery in case of decree or order
31B. Priority to secured creditors
32. Chairperson, Presiding Officer and staff of Appellate Tribunal and Tribunal to be
public servants
33. Protection of action taken in good faith
34. Act to have over-riding effect
35. Power to remove difficulties
36. Power to make rules
37. Repeal and saving
THE DEBTS RECOVERY TRIBUNAL (PROCEDURE) RULES, 1993
1. Short title and commencement
2. Definitions
3. Language of the Tribunal
4. Procedure for filing application
5. Presentation and scrutiny of applications
5A. Review
6. Place of filing applications
7. Application fee
8. Contents of application
9. Documents to accompany the application under section 19
or section 31A of the Act
10. (Omitted)
11. Endorsing copy of application to the defendant
12. Filing of written statement and other documents by the defendant and by the
applicant as a reply to the written statement
13. Date and place of hearing to be notified
14. Order to be signed and dated
15. Publication of orders
I5A. Publication of names of the Defaulters
16. Communication of final orders to parties
17. Fee for inspection of records and obtaining copies thereof
18. Orders and directions in certain cases
19. Working hours of the Tribunal
20. Sitting hours of the Tribunal
21. Holiday
22. Powers and functions of the Registrar
23. Additional powers and duties of Registrar
23A. Functions of Assistant Registrar
24. Seal and emblem
Form I- IV
THE DEBTS RECOVERY APPELLATE TRIBUNAL (PROCEDURE) RULES, 1994
1. Short title and commencement
2. Definitions
3. Sittings of Appellate Tribunal
4. Language of Appellate Tribunal
5. Procedure for filing appeals
6. Presentation and scrutiny of memorandum of appeal
6A.
7. Place of filing memorandum of appeal
8. Fee
9. Deposit of amount of debt due
10. Contents of memorandum of appeal
11. Documents to accompany memorandum of appeal
12. Plural remedies
13. Endorsing copy of appeal to the respondents
14. Filing of reply to the appeal and other documents by the respondent
15. Who may be joined as respondents
16. Date and place of hearing to be notified
17. Dress Regulations for the Chairperson and for the Representatives of the Parties
18. Order to be signed and dated
19. Publication of orders
20. Communication of orders
21. Fee for inspection of records and obtaining copies thereof
22 Orders and directions in certain cases
23. Working hours of the Appellate Tribunal
24. Holiday
25. Powers and functions of the Registrar
26. Additional powers and duties of Registrar
27. Seal and emblem
Form
THE DEBTS RECOVERY TRIBUNAL (FINANCIAL AND ADMINISTRATIVE
POWER) RULES, 1997
1. Short title and commencement
2. Definitions
3. Powers of the Presiding Officer of the Tribunal
THE DEBTS RECOVERY APPELLATE TRIBUNAL (FINANCIAL AND ADMINISTRATIVE
POWER) RULES, 1997
1. Short title and commencement
2. Definitions
3. Powers of the Chairperson of the Appellate Tribunal
THE DEBTS RECOVERY APPELLATE TRIBUNAL (PROCEDURE FOR APPOINTMENT AS
CHAIRPERSON OF THE APPELLATE TRIBUNAL) RULES, 1998
1. Short title and commencement
2. Definitions
3. Method of appointment under section 9 of the Act
4. Medical Fitness
5. Interpretation
6. Saving
7. Oaths of office and secrecy
Annexure
Form I-II
THE DEBTS RECOVERY TRIBUNAL (PROCEDURE FOR APPOINTMENT
AS PRESIDING OFFICER OF THE TRIBUNAL) RULES, 1998
1. Short title and commencement
2. Definitions
3. Method of appointment under sub-section (1) of section 4 of the Act
4. Medical Fitness
5. Interpretation
6. Saving
7. Oaths of office and secrecy
Annexure
Form I-II
THE DEBTS RECOVERY TRIBUNAL (PROCEDURE FOR INVESTIGATION OF MISBEHAVIOUR
OR INCAPACITY OF PRESIDING OFFICER) RULES, 2010
1. Short title and commencement
2. Extent of application
3. Definitions
4. Preliminary Scrutiny and Investigation of complaints
4A. Enquiry against Presiding Officer for Misbehaviour or Incapacity
5. Judge to conduct inquiry
6. Application of the Departmental Inquiries (Enforcement of Witness
and Production of Documents) Act, 1972 to inquiries under these rules
7. Powers of Judge
8. Suspension of Presiding Officer
9. Subsistence allowance
10. Inquiry Report
THE DEBTS RECOVERY TRIBUNALS (REFUND OF COURT FEE) RULES, 2013
1. Short title and commencement
2. Applicability
3. Definitions
4. Amount of refund
5. Procedure for refund
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