THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993

PREAMBLE

What is the Act number of the Recovery of Debts and Bankruptcy Act, 1993?

Act No. 51 of 1993.

On which date was the Recovery of Debts and Bankruptcy Act, 1993 enacted?

27th August, 1993.

For what purpose are Tribunals established under the Recovery of Debts and Bankruptcy Act, 1993?

For expeditious adjudication and recovery of debts due to banks and financial institutions.

What additional field is covered under the Recovery of Debts and Bankruptcy Act, 1993 besides recovery of debts?

Insolvency resolution and bankruptcy of individuals and partnership firms.

By which amendment were the words “insolvency resolution and bankruptcy of individuals and partnership firms” inserted in the Preamble of the Recovery of Debts and Bankruptcy Act, 1993?

Inserted by Act 31 of 2016 through section 249 and the Fifth Schedule.

From which date did the amendment inserting “insolvency resolution and bankruptcy of individuals and partnership firms” in the Preamble come into force?

With effect from 1-12-2019.

What matters apart from adjudication, recovery, insolvency resolution and bankruptcy are covered under the Act?

Matters connected therewith or incidental thereto.

In which year of the Republic of India was the Recovery of Debts and Bankruptcy Act, 1993 enacted?

In the Forty-fourth Year of the Republic of India.

By whom was the Recovery of Debts and Bankruptcy Act, 1993 enacted?

By Parliament.

CHAPTER-1

PRELIMINARY

What is the short title of the Recovery of Debts and Bankruptcy Act, 1993?

The Recovery of Debts and Bankruptcy Act, 1993.

By which amendment was the expression “and Bankruptcy” substituted in the short title of the Recovery of Debts and Bankruptcy Act, 1993?

Substituted by Act 31 of 2016 through section 249 and the Fifth Schedule.

For which words was the expression “and Bankruptcy” substituted in the short title of the Act?

“Due to Banks and Financial Institutions”.

From which date did the amendment substituting “and Bankruptcy” in the short title come into force?

With effect from 1-12-2019.

To what extent does the Recovery of Debts and Bankruptcy Act, 1993 extend?

It extends to the whole of India.

From which date shall the Recovery of Debts and Bankruptcy Act, 1993 be deemed to have come into force?

24th day of June, 1993.

When does the Recovery of Debts and Bankruptcy Act, 1993 not apply to debts due to banks or financial institutions?

When the amount of debt is less than ten lakh rupees or such other amount as specified by the Central Government.

To whom may the debt be due for attracting the minimum pecuniary limit under Section 1(4)?

To any bank or financial institution or to a consortium of banks or financial institutions.

What is the minimum amount that may be specified by the Central Government under Section 1(4)?

Not less than one lakh rupees.

By what mode may the Central Government specify a different amount under Section 1(4)?

By notification.

What qualification is attached to the applicability provision under Section 1(4)?

Save as otherwise provided.

What does Section 2 of the Recovery of Debts and Bankruptcy Act, 1993 deal with?

Definitions.

What is meant by “Appellate Tribunal” under the Act?

An Appellate Tribunal established under section 8(1).

What is meant by “application” under the Act?

An application made to a Tribunal under section 19.

What is the meaning of “appointed day” in relation to a Tribunal or Appellate Tribunal?

The date on which such Tribunal or Appellate Tribunal is established under section 3(1) or section 8(1), as the case may be.

What entities are included within the definition of “bank” under the Act?

Banking company, corresponding new bank, State Bank of India, subsidiary bank, Regional Rural Bank and multi-State co-operative bank.

What is meant by “banking company” under the Act?

A banking company as defined in section 5(c) of the Banking Regulation Act, 1949.

What is meant by “Chairperson” under the Act?

A Chairperson of an Appellate Tribunal appointed under section 9.

What is meant by “corresponding new bank” under the Act?

A corresponding new bank as defined in section 5(da) of the Banking Regulation Act, 1949.

What is included within the meaning of “debt” under the Act?

Any liability inclusive of interest claimed as due from any person or pooled investment vehicle by a bank, financial institution or consortium during business activity undertaken under any law for the time being in force.

From whom may a debt be claimed under the definition of “debt”?

From any person or a pooled investment vehicle as defined under the Securities Contracts (Regulation) Act, 1956.

In what form may a debt exist under the Act?

In cash or otherwise.

Whether secured and unsecured liabilities are included within “debt”?

Yes, both secured and unsecured liabilities are included.

Whether assigned liabilities are included within the definition of “debt”?

Yes, assigned liabilities are included.

Whether liabilities payable under decrees or arbitration awards are included within “debt”?

Yes, liabilities payable under decree, order, arbitration award or otherwise are included.

Whether liabilities under a mortgage are included within “debt”?

Yes, liabilities under a mortgage are included.

What condition must a debt satisfy on the date of application under the Act?

It must be subsisting and legally recoverable on the date of application.

What additional liability is included within the definition of “debt” regarding debt securities?

Liability towards debt securities remaining unpaid wholly or partly after ninety days’ notice served upon the borrower.

Who may serve notice regarding unpaid debt securities under the definition of “debt”?

The debenture trustee or any other authority in whose favour security interest is created for benefit of holders of debt securities.

What is meant by “debt securities” under the Act?

Debt securities listed in accordance with SEBI regulations under the SEBI Act, 1992.

What entities are included within the definition of “financial institution”?

Public financial institution, securitisation company, reconstruction company, debenture trustee and notified institutions.

What is meant by “public financial institution” under the Act?

A public financial institution within the meaning of section 4A of the Companies Act, 1956.

What securitisation entities are included within “financial institution”?

Securitisation company or reconstruction company registered under section 3(4) of the SARFAESI Act, 2002.

What debenture-related entity is included within “financial institution”?

A debenture trustee registered with the Board and appointed for secured debt securities.

How may the Central Government specify any other institution as a financial institution under the Act?

By notification having regard to its business activity and area of operation in India.

What is meant by “financial lease” under the Act?

A lease of tangible asset for transfer of lessor’s rights to lessee for consideration where lessee becomes owner at expiry of lease or on payment of residual amount.

What assets are excluded from the definition of “financial lease”?

Negotiable instruments and negotiable documents.

What is meant by “notification” under the Act?

A notification published in the Official Gazette.

What is meant by “prescribed” under the Act?

Prescribed by rules made under the Act.

What is meant by “Presiding Officer” under the Act?

The Presiding Officer of the Debts Recovery Tribunal appointed under section 4(1).

What is included within the definition of “property” under the Act?

Immovable property, movable property, debts, receivables and intangible assets.

Whether debts and rights to receive payment are included within “property”?

Yes, whether secured or unsecured.

Whether future receivables are included within “property”?

Yes, receivables whether existing or future are included.

What intangible assets are included within “property” under the Act?

Know-how, patent, copyright, trade mark, licence, franchise or similar business or commercial rights.

In consultation with whom may the Central Government prescribe similar intangible assets under “property”?

In consultation with the Reserve Bank.

What is meant by “Recovery Officer” under the Act?

A Recovery Officer appointed by the Central Government for each Tribunal under section 7(1).

What is meant by “Regional Rural Bank” under the Act?

A Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976.

What is meant by “secured creditor” under the Act?

A secured creditor as defined in section 2(1)(zd) of the SARFAESI Act, 2002.

What is meant by “security interest” under the Act?

Mortgage, charge, hypothecation, assignment or any right, title or interest upon property created in favour of a bank or financial institution.

What rights over tangible assets are included within “security interest”?

Rights retained by bank or financial institution as owner under hire, financial lease or conditional sale securing payment obligations.

What obligations may security interest over tangible assets secure?

Unpaid purchase price, obligation incurred or credit provided for acquisition of tangible asset.

What rights over intangible assets are included within “security interest”?

Rights, title or interest in intangible asset or licence securing payment obligations.

What obligations may security interest over intangible assets secure?

Unpaid purchase price, obligation incurred or credit extended for acquisition of intangible asset or licence.

What is meant by “State Bank of India” under the Act?

The State Bank of India constituted under section 3 of the State Bank of India Act, 1955.

What is meant by “subsidiary bank” under the Act?

A subsidiary bank as defined in section 2(k) of the State Bank of India (Subsidiary Banks) Act, 1959.

What is meant by “Tribunal” under the Act?

The Tribunal established under section 3(1).

CHAPTER-2

ESTABLISHMENT OF TRIBUNAL AND APPELLATE TRIBUNAL

What does Section 3 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Establishment of Tribunal.

Who is empowered to establish Debts Recovery Tribunals under Section 3(1)?

The Central Government.

By what mode are Debts Recovery Tribunals established under the Act?

By notification.

What is the designation of the Tribunal established under Section 3(1)?

Debts Recovery Tribunal.

For what purpose are Debts Recovery Tribunals established under Section 3(1)?

To exercise the jurisdiction, powers and authority conferred by or under the Act.

Whether the Central Government may establish more than one Debts Recovery Tribunal under Section 3(1)?

Yes, one or more Tribunals may be established.

Who is empowered to establish Debts Recovery Tribunals and benches under Section 3(1A)?

The Central Government.

For what purpose are Tribunals and benches established under Section 3(1A)?

To exercise the jurisdiction, powers and authority of the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016.

What determines the number of Debts Recovery Tribunals and benches established under Section 3(1A)?

Such number as the Central Government may consider necessary.

Under which law is jurisdiction conferred upon Tribunals established under Section 3(1A)?

The Insolvency and Bankruptcy Code, 2016.

What must the Central Government specify in the notification issued under Section 3(1)?

The areas within which the Tribunal may exercise jurisdiction.

For what purpose are territorial areas specified under Section 3(2)?

For entertaining and deciding applications filed before the Tribunal.

What does Section 4 of the Recovery of Debts and Bankruptcy Act, 1993 deal with?

Composition of Tribunal.

How many persons constitute a Tribunal under Section 4(1)?

One person only.

What is the person constituting the Tribunal called under the Act?

The Presiding Officer.

Who appoints the Presiding Officer under Section 4(1)?

The Central Government.

By what mode is the Presiding Officer appointed under Section 4(1)?

By notification.

What power is conferred upon the Central Government under Section 4(2) notwithstanding sub-section (1)?

To authorise certain officers or members to discharge functions of the Presiding Officer of a Debts Recovery Tribunal.

Whom may the Central Government authorise under Section 4(2)(a)?

The Presiding Officer of any other Tribunal established under any other law for the time being in force.

What additional function may a Presiding Officer authorised under Section 4(2)(a) discharge?

Functions of the Presiding Officer of a Debts Recovery Tribunal under the Act.

Whether a Presiding Officer authorised under Section 4(2)(a) continues as Presiding Officer of the other Tribunal?

Yes, in addition to being the Presiding Officer of that Tribunal.

Whom may the Central Government authorise under Section 4(2)(b)?

A judicial Member holding post in any other Tribunal established under any other law for the time being in force.

What functions may a judicial Member authorised under Section 4(2)(b) discharge?

Functions of the Presiding Officer of a Debts Recovery Tribunal under the Act.

Whether a judicial Member authorised under Section 4(2)(b) continues as judicial Member of the other Tribunal?

Yes, in addition to being the judicial Member of that Tribunal.

What does Section 5 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Qualifications for appointment as Presiding Officer.

What is the qualification for appointment as Presiding Officer of a Tribunal under Section 5?

A person must be, or have been, or be qualified to be, a District Judge.

What does Section 6 of the Recovery of Debts and Bankruptcy Act, 1993 deal with?

Term of office of Presiding Officer.

What is the term of office of the Presiding Officer of a Tribunal under Section 6?

Five years from the date on which he enters upon office.

From which date is the term of office of the Presiding Officer computed under Section 6?

From the date on which he enters upon office.

Whether the Presiding Officer of a Tribunal is eligible for reappointment under Section 6?

Yes.

What is the maximum age up to which a person may hold office as Presiding Officer of a Tribunal under Section 6?

Sixty-five years.

What is the effect of the proviso to Section 6 regarding age of the Presiding Officer?

No person shall hold office as Presiding Officer after attaining sixty-five years of age.

What does Section 6A of the Recovery of Debts and Bankruptcy Act, 1993 deal with?

Qualifications, terms and conditions of service of Presiding Officer.

What provisions govern the qualifications and service conditions of Presiding Officers appointed after commencement of the Tribunal Reforms Act, 2021?

Chapter II of the Tribunal Reforms Act, 2021.

What aspects relating to Presiding Officers are governed by Chapter II of the Tribunal Reforms Act, 2021?

Qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service.

What is the overriding effect provided under Section 6A?

The provisions apply notwithstanding anything contained in the Act.

Which Presiding Officers continue to be governed by the provisions of this Act and rules made thereunder?

Presiding Officers appointed before commencement of Part XIV of Chapter VI of the Finance Act, 2017.

What is the effect of the proviso to Section 6A regarding section 184 of the Finance Act, 2017?

Such Presiding Officers shall be governed as if section 184 had not come into force.

What does Section 7 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Staff of Tribunal.

Who provides Recovery Officers and staff to the Tribunal under Section 7(1)?

The Central Government.

What officers must the Central Government provide to the Tribunal under Section 7(1)?

One or more Recovery Officers.

Who determines the other officers and employees to be provided to the Tribunal under Section 7(1)?

The Central Government.

Under whose superintendence do Recovery Officers function under Section 7(2)?

Under the general superintendence of the Presiding Officer.

Under whose superintendence do other officers and employees of the Tribunal function?

Under the general superintendence of the Presiding Officer.

How are salaries and allowances of Recovery Officers and Tribunal staff determined under Section 7(3)?

As may be prescribed.

What does Section 8 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Establishment of Appellate Tribunal.

Who establishes the Debts Recovery Appellate Tribunal under Section 8(1)?

The Central Government.

By what mode is an Appellate Tribunal established under Section 8(1)?

By notification.

What is the designation of the Appellate Tribunal established under Section 8(1)?

Debts Recovery Appellate Tribunal.

For what purpose is the Debts Recovery Appellate Tribunal established?

To exercise the jurisdiction, powers and authority conferred by or under the Act.

Whether the Central Government may establish more than one Appellate Tribunal under Section 8(1)?

Yes.

Whom may the Central Government authorise under the proviso to Section 8(1)?

The Chairperson of any other Appellate Tribunal established under any other law for the time being in force.

What additional functions may an authorised Chairperson discharge under the proviso to Section 8(1)?

Functions of the Chairperson of the Debts Recovery Appellate Tribunal under the Act.

Whether the authorised Chairperson continues as Chairperson of the other Appellate Tribunal?

Yes, in addition to being Chairperson of that Appellate Tribunal.

For what purpose are Appellate Tribunals established under Section 8(1A)?

To entertain appeals against orders of the Adjudicating Authority under Part III of the Insolvency and Bankruptcy Code, 2016.

Who establishes Appellate Tribunals under Section 8(1A)?

The Central Government.

What must the Central Government specify in the notification under Section 8(2)?

The Tribunals in relation to which the Appellate Tribunal may exercise jurisdiction.

What power is conferred upon the Central Government under Section 8(3)?

To authorise the Chairperson of one Appellate Tribunal to discharge functions of another Appellate Tribunal.

What does Section 9 of the Recovery of Debts and Bankruptcy Act, 1993 deal with?

Composition of Appellate Tribunal.

How many persons constitute an Appellate Tribunal under Section 9?

One person only.

What is the person constituting the Appellate Tribunal called under Section 9?

The Chairperson of the Appellate Tribunal.

Who appoints the Chairperson of the Appellate Tribunal under Section 9?

The Central Government.

By what mode is the Chairperson of the Appellate Tribunal appointed?

By notification.

What does Section 10 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Qualifications for appointment as Chairperson of the Appellate Tribunal.

Who is qualified for appointment as Chairperson of an Appellate Tribunal under Section 10(a)?

A person who is, or has been, or is qualified to be, a Judge of a High Court.

What service qualification under the Indian Legal Service makes a person eligible for appointment as Chairperson of an Appellate Tribunal?

Holding a post in Grade I of the Indian Legal Service for at least three years.

What experience as Presiding Officer qualifies a person for appointment as Chairperson of an Appellate Tribunal?

Holding office as Presiding Officer of a Tribunal for at least three years.

What does Section 11 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Term of office of Chairperson of Appellate Tribunal.

What is the term of office of the Chairperson of an Appellate Tribunal under Section 11?

Five years from the date on which he enters upon office.

Whether the Chairperson of an Appellate Tribunal is eligible for reappointment under Section 11?

Yes.

What is the maximum age up to which a person may hold office as Chairperson of an Appellate Tribunal?

Seventy years.

What does Section 12 of the Recovery of Debts and Bankruptcy Act, 1993 deal with?

Staff of the Appellate Tribunal.

Which provisions apply to the Appellate Tribunal under Section 12?

Provisions of section 7 except those relating to Recovery Officer.

How are references to “Tribunal” construed for purposes of Section 12?

As references to “Appellate Tribunal”.

How are references to “Recovery Officer” treated under Section 12?

They shall be deemed to have been omitted.

What does Section 13 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Salary and allowances and other terms and conditions of service of Presiding Officers.

Whose salaries, allowances and service conditions are governed under Section 13?

The Presiding Officer of a Tribunal and the Chairperson of an Appellate Tribunal.

What retirement benefits are included within service conditions under Section 13?

Pension, gratuity and other retirement benefits.

How are salaries and service conditions determined under Section 13?

As may be prescribed.

What protection is provided regarding salary and service conditions under the proviso to Section 13?

They shall not be varied to the disadvantage of the Presiding Officer or Chairperson after appointment.

What does Section 14 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Filling up of vacancies.

When does Section 14 apply regarding vacancies?

When a vacancy occurs for any reason other than temporary absence.

Who fills vacancies under Section 14?

The Central Government.

How is a vacancy filled under Section 14?

By appointing another person in accordance with the provisions of the Act.

From what stage may proceedings continue after filling a vacancy under Section 14?

From the stage at which the vacancy is filled.

What does Section 15 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Resignation and removal.

How may the Presiding Officer or Chairperson resign under Section 15(1)?

By notice in writing under his hand addressed to the Central Government.

To whom is resignation notice under Section 15(1) addressed?

The Central Government.

For how long does the Presiding Officer or Chairperson continue in office after resignation notice under the proviso to Section 15(1)?

Until expiry of three months from receipt of notice, appointment of successor or expiry of term, whichever is earliest.

When may the Presiding Officer or Chairperson relinquish office before expiry of three months under the proviso to Section 15(1)?

When permitted by the Central Government.

On what grounds may the Presiding Officer or Chairperson be removed under Section 15(2)?

Proved misbehaviour or incapacity.

Who may remove the Presiding Officer or Chairperson under Section 15(2)?

The Central Government.

What inquiry is required before removal of the Presiding Officer of a Tribunal under Section 15(2)?

Inquiry made by a Judge of a High Court.

What inquiry is required before removal of the Chairperson of an Appellate Tribunal under Section 15(2)?

Inquiry made by a Judge of the Supreme Court.

What procedural safeguard is provided before removal under Section 15(2)?

Informing the charges and giving reasonable opportunity of being heard.

What power regarding suspension is conferred upon the Central Government under the proviso to Section 15(2)?

Power to suspend the Presiding Officer or Chairperson during pendency of inquiry.

With whom must the Central Government consult before suspending the Presiding Officer or Chairperson under the proviso to Section 15(2)?

The Chairperson of the Selection Committee.

What condition must be satisfied before suspension under the proviso to Section 15(2)?

The Central Government must be satisfied that the officer should cease to discharge functions.

What power is conferred upon the Central Government under Section 15(3)?

To regulate by rules the procedure for investigation of misbehaviour or incapacity.

What may the Central Government regulate by rules under Section 15(3)?

Procedure for investigation of misbehaviour or incapacity of the Presiding Officer or Chairperson.

What does Section 15A of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Qualifications, terms and conditions of service of Chairperson.

What provisions govern the qualifications and service conditions of Chairpersons appointed after commencement of the Tribunal Reforms Act, 2021?

Chapter II of the Tribunal Reforms Act, 2021.

What aspects relating to the Chairperson are governed by Chapter II of the Tribunal Reforms Act, 2021?

Qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service.

What is the overriding effect provided under Section 15A?

The provisions apply notwithstanding anything contained in the Act.

Which Chairpersons continue to be governed by the provisions of this Act and rules made thereunder?

Chairpersons appointed before commencement of Part XIV of Chapter VI of the Finance Act, 2017.

What is the effect of the proviso to Section 15A regarding section 184 of the Finance Act, 2017?

Such Chairpersons shall be governed as if section 184 had not come into force.

What does Section 16 of the Recovery of Debts and Bankruptcy Act, 1993 deal with?

Finality of orders constituting Tribunal or Appellate Tribunal and validity of proceedings.

Whether an order appointing the Presiding Officer or Chairperson may be called in question under Section 16?

No.

Who appoints the Presiding Officer or Chairperson whose appointment attains finality under Section 16?

The Central Government.

On what ground shall proceedings before a Tribunal or Appellate Tribunal not be questioned under Section 16?

Merely on the ground of defect in constitution of the Tribunal or Appellate Tribunal.

Whether acts or proceedings before a Tribunal or Appellate Tribunal are invalid merely due to defect in constitution?

No.

CHAPTER-3

JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS

What does Section 17 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Jurisdiction, powers and authority of Tribunals.

From which date does a Tribunal exercise jurisdiction under Section 17(1)?

From the appointed day.

What jurisdiction is conferred upon the Tribunal under Section 17(1)?

To entertain and decide applications from banks and financial institutions for recovery of debts due to them.

Who may file applications before the Tribunal under Section 17(1)?

Banks and financial institutions.

For what purpose may applications be filed before the Tribunal under Section 17(1)?

For recovery of debts due to banks and financial institutions.

What additional jurisdiction is conferred upon the Tribunal under Section 17(1A)(a)?

To entertain and decide applications under Part III of the Insolvency and Bankruptcy Code, 2016.

From which date does the Tribunal exercise jurisdiction under Section 17(1A)(a)?

From the date appointed by the Central Government.

What is the effect of the expression “without prejudice to sub-section (1)” in Section 17(1A)?

The additional jurisdiction under Section 17(1A) does not affect jurisdiction under Section 17(1).

What is mandated regarding sittings of the Tribunal under Section 17(1A)(b)?

The Tribunal shall have circuit sittings in all district headquarters.

From which date does an Appellate Tribunal exercise jurisdiction under Section 17(2)?

From the appointed day.

What jurisdiction is conferred upon the Appellate Tribunal under Section 17(2)?

To entertain appeals against orders made or deemed to have been made by a Tribunal under the Act.

Against what orders may appeals be entertained under Section 17(2)?

Orders made or deemed to have been made by a Tribunal under the Act.

What additional jurisdiction is conferred upon the Appellate Tribunal under Section 17(2A)?

To entertain appeals against orders made by the Adjudicating Authority under Part III of the Insolvency and Bankruptcy Code, 2016.

From which date does the Appellate Tribunal exercise jurisdiction under Section 17(2A)?

From the date appointed by the Central Government.

What is the effect of the expression “without prejudice to sub-section (2)” in Section 17(2A)?

The additional appellate jurisdiction does not affect jurisdiction under Section 17(2).

What does Section 17A of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Power of Chairperson of Appellate Tribunal.

What general power is conferred upon the Chairperson of an Appellate Tribunal under Section 17A(1)?

General power of superintendence and control over the Tribunals under his jurisdiction.

What administrative power regarding Presiding Officers is conferred upon the Chairperson under Section 17A(1)?

Power of appraising the work and recording annual confidential reports of Presiding Officers.

For what purpose are powers under Section 17A(1A) exercised?

For exercise of general powers of superintendence and control over Tribunals.

What information may the Chairperson direct Tribunals to furnish under Section 17A(1A)(i)?

Information relating to pending cases, disposed cases, newly filed cases and other necessary information.

Under which laws may information regarding pending cases be sought under Section 17A(1A)(i)?

This Act, the SARFAESI Act, 2002 and any other law for the time being in force.

In what manner may Tribunals be directed to furnish information under Section 17A(1A)(i)?

In such form, at such intervals and within such time as directed by the Chairperson.

What meetings may the Chairperson convene under Section 17A(1A)(ii)?

Periodic meetings of Presiding Officers of Tribunals.

For what purpose may meetings of Presiding Officers be convened under Section 17A(1A)(ii)?

To review their performance.

When may the Chairperson recommend action against a Presiding Officer under Section 17A(1B)?

When he is of the opinion that inquiry for misbehaviour or incapacity is required.

On what basis may the Chairperson form opinion under Section 17A(1B)?

Assessment of performance or otherwise.

To whom does the Chairperson submit report under Section 17A(1B)?

The Central Government.

Under which provision may action be recommended against the Presiding Officer under Section 17A(1B)?

Section 15.

What must the Chairperson record while recommending action under Section 17A(1B)?

Reasons in writing.

What transfer power is conferred upon the Chairperson under Section 17A(2)?

Power to transfer any case from one Tribunal to another Tribunal for disposal.

Who may initiate transfer proceedings under Section 17A(2)?

Any party or the Chairperson on his own motion.

What procedural requirement must be complied with before transfer under Section 17A(2)?

Notice to the parties and hearing them.

Which Chairperson may exercise transfer power under Section 17A(2)?

The Chairperson having jurisdiction over the Tribunals.

What does Section 18 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Bar of jurisdiction.

From which date does the bar of jurisdiction under Section 18 operate?

From the appointed day.

What is barred under Section 18 in relation to matters specified in Section 17?

Jurisdiction, powers and authority of courts or other authorities.

Which authorities are excluded from the bar of jurisdiction under Section 18?

The Supreme Court and High Courts exercising jurisdiction under Articles 226 and 227 of the Constitution.

In relation to which matters does the bar under Section 18 apply?

Matters specified in Section 17.

Whether civil courts can exercise jurisdiction over matters specified in Section 17 after the appointed day?

No.

What proceedings are saved by the proviso to Section 18?

Proceedings relating to recovery of debts due to any multi-State co-operative bank pending before commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012.

Under which enactment must the saved proceedings under the proviso to Section 18 be pending?

The Multi-State Co-operative Societies Act, 2002.

What is the effect of the proviso to Section 18 on pending proceedings of multi-State co-operative banks?

Such proceedings shall be continued.

After commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012, does Section 18 apply to pending proceedings saved by the proviso?

No.

CHAPTER-4

PROCEDURE OF TRIBUNALS

What does Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Application to the Tribunal.

Who may make an application to the Tribunal under Section 19(1)?

A bank or a financial institution.

For what purpose may an application be made under Section 19(1)?

For recovery of any debt from any person.

Before which Tribunal may an application be filed under Section 19(1)(a)?

The Tribunal within whose jurisdiction the branch or office maintaining the account in which debt is outstanding is situated.

What account-related condition confers jurisdiction under Section 19(1)(a)?

The branch or office must maintain the account in which the debt claimed is outstanding for the time being.

When does jurisdiction arise under Section 19(1)(aa)?

When the defendant actually and voluntarily resides, carries on business or personally works for gain within jurisdiction.

What is the jurisdictional rule where there are multiple defendants under Section 19(1)(aa)?

Each defendant must actually and voluntarily reside, carry on business or personally work for gain within jurisdiction.

When does jurisdiction arise under Section 19(1)(b)?

When any of the defendants actually and voluntarily resides, carries on business or personally works for gain within jurisdiction.

When does jurisdiction arise under Section 19(1)(c)?

When the cause of action wholly or in part arises within jurisdiction.

For what purpose may a bank or financial institution seek withdrawal of application under the first proviso to Section 19(1)?

For taking action under the SARFAESI Act, 2002.

Whether withdrawal of application under the first proviso requires permission of the Debts Recovery Tribunal?

Yes.

Whether the first proviso applies to applications made before the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004?

Yes.

What condition must be satisfied before withdrawal under the first proviso to Section 19(1)?

No action should have been taken earlier under the SARFAESI Act, 2002.

Within what period must the Debts Recovery Tribunal dispose of an application for withdrawal under the second proviso to Section 19(1)?

Within thirty days from the date of such application.

How must the application for withdrawal under the second proviso to Section 19(1) be dealt with by the Debts Recovery Tribunal?

As expeditiously as possible.

What is required if the Debts Recovery Tribunal refuses permission for withdrawal under the third proviso to Section 19(1)?

It shall pass orders after recording reasons therefor.

What does Section 19(1A) of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Option of multi-State co-operative banks to initiate proceedings under the Multi-State Co-operative Societies Act, 2002.

Which banks are covered under Section 19(1A)?

Multi-State co-operative banks referred to in section 2(d)(vi).

What option is available to a multi-State co-operative bank under Section 19(1A)?

To initiate proceedings under the Multi-State Co-operative Societies Act, 2002 instead of making an application under this Chapter.

For what purpose may proceedings be initiated under Section 19(1A)?

To recover debts from any person.

Whether Section 19(1A) applies to debts due before commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012?

Yes.

Whether Section 19(1A) applies to debts due after commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012?

Yes.

Under which enactment may proceedings be initiated by a multi-State co-operative bank under Section 19(1A)?

The Multi-State Co-operative Societies Act, 2002.

What does Section 19(1B) of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Withdrawal of application by multi-State co-operative bank for initiating proceedings under the Multi-State Co-operative Societies Act, 2002.

Whether a multi-State co-operative bank may withdraw an application already filed under this Chapter?

Yes.

For what purpose may withdrawal under Section 19(1B) be sought?

For initiating proceedings under the Multi-State Co-operative Societies Act, 2002 to recover debts.

Whether permission of the Tribunal is required for withdrawal under Section 19(1B)?

Yes.

How must an application seeking withdrawal under Section 19(1B) be dealt with by the Tribunal?

As expeditiously as possible.

Within what period must the Tribunal dispose of an application seeking withdrawal under Section 19(1B)?

Within thirty days from the date of such application.

What is required if the Tribunal refuses permission for withdrawal under the proviso to Section 19(1B)?

It shall pass orders after recording reasons therefor.

When may another bank or financial institution join proceedings under Section 19(2)?

When another bank or financial institution also has claim to recover debt from the same person.

At what stage may another bank or financial institution join proceedings under Section 19(2)?

At any stage before the final order is passed.

How may another bank or financial institution join proceedings under Section 19(2)?

By making an application to the Tribunal.

What does Section 19(3) require regarding applications under sub-sections (1) and (2)?

They shall be in such form and accompanied by true copies of documents and prescribed fee.

What documents must accompany an application under Section 19(3)?

True copies of all documents relied on in support of the claim.

How is the fee for applications under Section 19(3) determined?

As may be prescribed having regard to the amount of debt to be recovered.

To which cases does the fee requirement under Section 19(3) not apply?

Cases transferred to the Tribunal under section 31(1).

What is included within “documents” under the Explanation to Section 19(3)?

Statement of account or any entry in banker’s book duly certified under the Bankers’ Books Evidence Act, 1891.

What particulars relating to secured debt must be stated under Section 19(3A)(a)?

Particulars of debt secured by security interest and estimated value of such securities.

To whose properties or assets does Section 19(3A)(a) relate?

Properties or assets belonging to any of the defendants.

What must the applicant state if securities are insufficient under Section 19(3A)(b)?

Particulars of other properties or assets owned by defendants, if any.

What must the applicant seek if other assets are also insufficient under Section 19(3A)(c)?

An order directing defendants to disclose particulars of other properties or assets.

When may refund of fee be granted under Section 19(3B)?

When the application is settled before commencement of hearing or before final order.

At what stage may settlement entitle refund under Section 19(3B)?

Prior to commencement of hearing or at any stage before final order.

How is refund of fee under Section 19(3B) determined?

At such rates as may be prescribed.

What must the Tribunal do on receipt of application under Section 19(4)?

Issue summons to the defendant.

Within what time must the defendant show cause under Section 19(4)(i)?

Within thirty days of service of summons.

What must the defendant show cause against under Section 19(4)(i)?

Why the relief prayed for should not be granted.

What direction regarding disclosure may be issued under Section 19(4)(ii)?

Disclosure of particulars of properties or assets other than those specified by the applicant under Section 19(3A)(a) and (b).

What restraint may the Tribunal impose under Section 19(4)(iii)?

Restraining the defendant from dealing with or disposing of disclosed assets and properties.

Pending what proceedings may restraint order under Section 19(4)(iii) operate?

Pending hearing and disposal of the application for attachment of properties.

What restriction is imposed upon the defendant under Section 19(4A)?

The defendant shall not transfer secured assets or disclosed properties without prior approval of the Tribunal.

From which stage does the restriction under Section 19(4A) apply?

On service of summons.

What modes of transfer are restricted under Section 19(4A)?

Sale, lease or otherwise.

What exception is provided to restriction on transfer under Section 19(4A)?

Transfer in the ordinary course of business.

Notwithstanding which provision does Section 19(4A) operate?

Section 65A of the Transfer of Property Act, 1882.

What is required before the Tribunal grants approval for transfer under the first proviso to Section 19(4A)?

Notice to the applicant bank or financial institution to show cause.

What liability is imposed upon the defendant under the second proviso to Section 19(4A)?

Liability to account for sale proceeds realised from sale of secured assets.

Where must sale proceeds realised in ordinary course of business be deposited under the second proviso to Section 19(4A)?

In the account maintained with the bank or financial institution holding security interest.

Within what period must the defendant file written statement under Section 19(5)(i)?

Within thirty days from the date of service of summons.

What may be included in the written statement under Section 19(5)(i)?

Defence, claim for set-off and counter-claim, if any.

What documents must accompany the written statement under Section 19(5)(i)?

Original documents or true copies thereof with leave of the Tribunal.

On what basis are documents filed with written statement under Section 19(5)(i)?

Documents relied on by the defendant in his defence.

In what circumstances may time for filing written statement be extended under the proviso to Section 19(5)(i)?

In exceptional cases and special circumstances recorded in writing.

What is the maximum extension permissible for filing written statement under the proviso to Section 19(5)(i)?

Fifteen days.

To what properties does Section 19(4A) apply under Section 19(5)(ii)?

Properties or assets disclosed by the defendant pursuant to orders of the Tribunal.

What power is conferred upon the Presiding Officer under Section 19(5)(iii)?

Power to direct detention in civil prison for non-compliance of order under Section 19(4)(ii).

Who may be detained in civil prison under Section 19(5)(iii)?

The person or officer in default.

What is the maximum period of detention under Section 19(5)(iii)?

Three months.

What procedural safeguard is provided before detention under the proviso to Section 19(5)(iii)?

Opportunity of being heard.

What is meant by “officer who is in default” under the Explanation to Section 19(5)?

Officer defined in section 2(60) of the Companies Act, 2013.

When shall the Tribunal fix a date for admission or denial of documents under Section 19(5A)?

On receipt of written statement or expiry of time granted for filing it.

For what purposes is hearing fixed under Section 19(5A)?

Admission or denial of documents and continuation or vacation of interim order.

Which interim order is referred to in Section 19(5A)?

Interim order passed under Section 19(4).

What must the Tribunal order when the defendant admits full or part of the debt under Section 19(5B)?

Payment of admitted amount within thirty days.

Within what period must admitted debt be paid under Section 19(5B)?

Thirty days from the date of order.

What may the Tribunal issue on failure to pay admitted debt under Section 19(5B)?

Certificate under Section 19(22).

To what extent may certificate be issued under Section 19(5B)?

To the extent of debt admitted by the defendant.

When may the defendant claim set-off under Section 19(6)?

At the first hearing of the application.

What condition applies to set-off claimed under Section 19(6)?

It must relate to an ascertained sum legally recoverable from the applicant.

Whether set-off may be claimed after first hearing under Section 19(6)?

Yes, with permission of the Tribunal.

What particulars must be contained in written statement claiming set-off under Section 19(6)?

Particulars of debt sought to be set-off.

What must accompany claim for set-off under Section 19(6)?

Original documents and other evidence relied on in support of claim.

What is the effect of written statement claiming set-off under Section 19(7)?

It has the same effect as a plaint in a cross-suit.

What power does the Tribunal obtain due to Section 19(7)?

Power to pass final order on both original claim and set-off.

What additional right is conferred upon defendant under Section 19(8)?

Right to set up counter-claim against applicant’s claim.

When may cause of action for counter-claim accrue under Section 19(8)?

Before or after filing of application but before delivery of defence or expiry of time for defence.

Whether counter-claim under Section 19(8) may include claim for damages?

Yes.

What is the effect of counter-claim under Section 19(9)?

It has the same effect as a cross-suit.

What power does the Tribunal obtain due to Section 19(9)?

Power to pass final order on original claim and counter-claim in same application.

What right is conferred upon the applicant under Section 19(10)?

Right to file written statement in answer to counter-claim.

Within what period may applicant reply to counter-claim under Section 19(10)?

Within such period as may be prescribed.

What pleadings must be supported by affidavit under Section 19(10A)?

Applications, written statements, set-off claims, counter-claims, replies and all other pleadings.

Who must swear affidavit under Section 19(10A)?

Applicant or defendant.

What must affidavit under Section 19(10A) verify?

Facts, pleadings, statements, documents and documentary evidence annexed.

What additional affidavits must be filed where witness evidence is to be led under the proviso to Section 19(10A)?

Affidavits of such witnesses.

When must witness affidavits be filed under the proviso to Section 19(10A)?

Simultaneously with application, written statement or replies.

What is the consequence of non-verification under Section 19(10B)?

The party shall not be allowed to rely on such facts or pleadings as evidence.

Which facts or pleadings are affected under Section 19(10B)?

Facts or pleadings not verified in the manner provided under Section 19(10A).

What does Section 19(11) provide regarding counter-claims?

The Tribunal shall decide objection regarding counter-claim along with applicant’s claim for recovery.

When does Section 19(11) apply?

When applicant contends that counter-claim should be disposed of independently.

What must accompany application under Section 19(13)(A)?

Particulars of property to be attached and estimated value thereof.

At what stage may powers under Section 19(13)(A) be exercised?

At any stage of the proceedings.

What satisfaction must the Tribunal reach under Section 19(13)(A)?

That defendant intends to obstruct, delay or frustrate execution of recovery order.

What circumstance relating to disposal of property attracts Section 19(13)(A)(i)?

Defendant is about to dispose of whole or part of his property.

What circumstance relating to removal of property attracts Section 19(13)(A)(ii)?

Defendant is about to remove whole or part of his property beyond local limits of Tribunal’s jurisdiction.

What conduct relating to property attracts Section 19(13)(A)(iii)?

Likely damage, mischief, misuse or creation of third-party interest affecting property value.

What directions may the Tribunal issue under Section 19(13)(A)?

Furnishing security, producing property, placing property at disposal of Tribunal or showing cause.

For what purpose may security be furnished under Section 19(13)(A)?

To satisfy certificate for recovery of debt.

What may the Tribunal do if defendant fails to show cause or furnish security under Section 19(13)(B)?

Order attachment of whole or portion of defendant’s properties.

Which properties may be attached under Section 19(13)(B)?

Properties secured in favour of applicant or otherwise owned by defendant.

To what extent may attachment be ordered under Section 19(13)(B)?

To extent sufficient to satisfy recovery certificate.

What additional power is conferred upon the Tribunal under Section 19(15)?

Power to direct conditional attachment of property.

Which property may be conditionally attached under Section 19(15)?

Whole or any portion of property specified under Section 19(13).

What is the effect of attachment made without compliance of Section 19(13)?

Such attachment shall be void.

What consequences may follow disobedience of Tribunal’s orders under Section 19(17)?

Attachment of property and detention in civil prison.

Which orders are covered under Section 19(17)?

Orders under Sections 19(12), 19(13) and 19(18).

What is the maximum period of civil imprisonment under Section 19(17)?

Three months.

When may person detained under Section 19(17) be released earlier?

When Tribunal directs release.

When may the Tribunal exercise powers under Section 19(18)?

Where it appears just and convenient.

What power regarding receiver is conferred under Section 19(18)(a)?

Appointment of receiver of any property.

Whether receiver may be appointed before grant of recovery certificate under Section 19(18)(a)?

Yes.

What power is conferred under Section 19(18)(b)?

Removal of any person from possession or custody of property.

What power is conferred under Section 19(18)(c)?

Committing property to possession, custody or management of receiver.

What litigation powers may be conferred upon receiver under Section 19(18)(d)?

Bringing and defending suits or applications.

What property-related powers may be conferred upon receiver under Section 19(18)(d)?

Realisation, management, protection, preservation and improvement of property.

What income-related powers may be conferred upon receiver under Section 19(18)(d)?

Collection, application and disposal of rents and profits.

What document-related power may be conferred upon receiver under Section 19(18)(d)?

Execution of documents as owner himself could execute.

What power relating to inventory is conferred under Section 19(18)(e)?

Appointment of Commissioner for preparation of inventory of defendant’s properties.

What power relating to sale is conferred under Section 19(18)(e)?

Appointment of Commissioner for sale of defendant’s properties.

What power is conferred upon the Tribunal under Section 19(19) regarding companies under liquidation?

Power to direct distribution of sale proceeds of secured assets.

When does Section 19(19) apply?

When recovery certificate is issued against a company under liquidation.

In what manner shall sale proceeds be distributed under Section 19(19)?

In the manner provided under section 326 of the Companies Act, 2013 or other applicable law.

What opportunity must be given before passing order under Section 19(20)?

Opportunity of being heard to applicant and defendant.

In respect of what matters must hearing be given under Section 19(20)?

Claims, set-off, counter-claim and interest.

Within what period must the Tribunal pass order under Section 19(20)?

Within thirty days from conclusion of hearings.

What kind of orders may the Tribunal pass under Section 19(20)?

Interim or final order as it deems fit.

What interest-related order may be passed under Section 19(20)?

Payment of interest from date amount is found due till realisation or actual payment.

When shall the Tribunal record agreement or compromise under Section 19(20A)?

When lawful adjustment, compromise or repayment is proved to its satisfaction.

What kind of agreement must exist under Section 19(20A)?

Lawful agreement or compromise in writing signed by the parties.

What must the Tribunal record under Section 19(20A)?

Agreement, compromise or satisfaction of claim.

What must the Tribunal specify while passing final order under Section 19(20AA)?

Assets of borrower over which security interest is created.

What direction must the Tribunal issue to Recovery Officers under Section 19(20AA)?

To distribute sale proceeds as provided under Section 19(20AB).

What is the first priority in distribution of sale proceeds under Section 19(20AB)?

Costs incurred for preservation, protection, valuation, public notice, possession, auction and sale expenses.

What is the second priority in distribution of sale proceeds under Section 19(20AB)?

Debts owed to the bank or financial institution.

What is the overriding effect provided under Section 19(20AB)?

Distribution applies notwithstanding anything contrary in any law for the time being in force.

What clarification is provided in the Explanation to Section 19(20AB)?

Distribution during insolvency and bankruptcy proceedings shall follow priority under the Insolvency and Bankruptcy Code, 2016.

When does the Explanation to Section 19(20AB) apply?

When insolvency and bankruptcy proceedings are pending in respect of secured assets.

What documents must the Tribunal send under Section 19(21)(i)?

Copy of final order and recovery certificate.

To whom must copies under Section 19(21)(i) be sent?

Applicant and defendant.

Who may obtain copies of Tribunal orders under Section 19(21)(ii)?

Applicant and defendant.

On what condition may copies of Tribunal orders be obtained under Section 19(21)(ii)?

On payment of prescribed fee.

What duty is imposed upon the Presiding Officer under Section 19(22)?

To issue certificate of recovery along with final order.

To whom is recovery certificate issued under Section 19(22)?

To the Recovery Officer.

For what purpose is recovery certificate issued under Section 19(22)?

Recovery of amount of debt specified in the certificate.

What must accompany recovery certificate under Section 19(22)?

Final order under Section 19(20).

What must recovery certificate under Section 19(22) include?

Payment of debt with interest.

Under whose signature is recovery certificate issued under Section 19(22)?

Presiding Officer.

What is the legal effect of recovery certificate under Section 19(22A)?

It is deemed to be decree or order of the Court.

For what purpose is recovery certificate treated as decree under Section 19(22A)?

Initiation of winding up or insolvency proceedings.

Against which companies may winding up proceedings be initiated on basis of recovery certificate under Section 19(22A)?

Companies registered under the Companies Act, 2013.

Against which entities may winding up proceedings be initiated under Section 19(22A)?

Limited Liability Partnerships registered under the Limited Liability Partnership Act, 2008.

Against whom may insolvency proceedings be initiated on basis of recovery certificate under Section 19(22A)?

Individuals or partnership firms.

When may the Tribunal send copies of recovery certificate to other Tribunals under Section 19(23)?

When property is situated within jurisdiction of two or more Tribunals.

For what purpose may copies of recovery certificate be sent under Section 19(23)?

For execution.

To which Tribunals may copies of recovery certificate be sent under Section 19(23)?

Tribunals within whose jurisdiction the property is situated.

What must a Tribunal do if it lacks jurisdiction to execute recovery certificate under the proviso to Section 19(23)?

Return the certificate to the Tribunal which issued it.

How must applications under Section 19(1) or 19(2) be dealt with under Section 19(24)?

As expeditiously as possible.

What effort must be made regarding hearings under Section 19(24)?

Proceedings should be completed in two hearings.

Within what period should applications under Section 19(24) be finally disposed of?

Within one hundred and eighty days from date of receipt of application.

From which date is the period under Section 19(24) computed?

From the date of receipt of application.

What power is conferred upon the Tribunal under Section 19(25)?

Power to make orders and give directions necessary or expedient.

For what purposes may orders be passed under Section 19(25)?

To give effect to orders, prevent abuse of process or secure ends of justice.

What does Section 19A of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Filing of recovery applications, documents and written statements in electronic form.

What is the overriding effect provided under Section 19A(1)?

It applies notwithstanding anything contrary contained in the Act.

Without prejudice to which provision does Section 19A(1) operate?

Section 6 of the Information Technology Act, 2000.

Who may provide for electronic filing under Section 19A(1)?

The Central Government.

By what mode may electronic filing be provided under Section 19A(1)?

By rules.

What may the Central Government notify under Section 19A(1)?

Date and Tribunal or Appellate Tribunal before which electronic filing shall apply.

What pleadings may be submitted in electronic form under Section 19A(1)(a)?

Application, written statement, other pleadings and annexed documents.

How must electronic pleadings be authenticated under Section 19A(1)(a)?

With digital signature.

Whose digital signature may authenticate pleadings under Section 19A(1)(a)?

Applicant, defendant or other petitioner.

In what manner shall electronic pleadings be submitted under Section 19A(1)(a)?

In such form and manner as may be prescribed.

What communications may be served electronically under Section 19A(1)(b)?

Summons, notice, communication or intimation required under the Act.

How may summons or notices be served under Section 19A(1)(b)?

By transmission of pleadings and documents in electronic form.

How must electronic transmission under Section 19A(1)(b) be authenticated?

In such manner as may be prescribed.

What is the effect of displaying interim or final order on the Tribunal website under Section 19A(2)?

It shall be deemed to be public notice of such order.

What is the effect of transmission of order by electronic mail under Section 19A(2)?

It shall be deemed to be served on the party.

To which address must electronic mail be sent under Section 19A(2)?

Registered address of parties to the proceeding.

What power is conferred upon the Central Government under Section 19A(3)?

Power to provide electronic form as exclusive, alternative or additional mode.

What websites may be maintained under Section 19A(4)?

Tribunal’s own website, common website or universally accessible electronic repository.

What obligation is imposed upon notified Tribunals under Section 19A(4)?

To ensure display of all orders or directions on website.

In what manner shall orders be displayed under Section 19A(4)?

In such manner as may be prescribed.

What is meant by “digital signature” under the Explanation to Section 19A?

Digital signature as defined in section 2(p) of the Information Technology Act, 2000.

What is meant by “electronic form” under the Explanation to Section 19A?

Electronic form as defined in section 2(r) of the Information Technology Act, 2000.

How shall applications for exercise of powers under the Insolvency and Bankruptcy Code, 2016 be dealt with under the substituted Section 19A?

In the manner provided under the Insolvency and Bankruptcy Code, 2016.

What does Section 20 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Appeal to the Appellate Tribunal.

Who may prefer an appeal under Section 20(1)?

Any person aggrieved by an order made or deemed to have been made by a Tribunal.

Before which authority may appeal under Section 20(1) be preferred?

Appellate Tribunal having jurisdiction in the matter.

Which orders are appealable under Section 20(1)?

Orders made or deemed to have been made by a Tribunal under the Act.

What is the exception to appealability under Section 20(2)?

No appeal lies from an order made with consent of parties.

Within what period must appeal be filed under Section 20(3)?

Within thirty days from receipt of copy of order.

From which date is limitation under Section 20(3) computed?

From the date of receipt of copy of the Tribunal’s order.

In what manner shall appeal under Section 20(3) be filed?

In such form and accompanied by such fee as may be prescribed.

What power regarding condonation of delay is conferred upon the Appellate Tribunal under the proviso to Section 20(3)?

Power to entertain appeal after expiry of limitation on sufficient cause being shown.

What satisfaction is required for condonation of delay under the proviso to Section 20(3)?

Satisfaction that there was sufficient cause for not filing appeal within time.

What opportunity must be given before passing appellate order under Section 20(4)?

Opportunity of being heard to the parties to the appeal.

What powers may the Appellate Tribunal exercise under Section 20(4)?

Confirming, modifying or setting aside the order appealed against.

Which additional appeals may be entertained under Section 20(4)?

Appeals under section 181(1) of the Insolvency and Bankruptcy Code, 2016.

To whom must copies of appellate orders be sent under Section 20(5)?

Parties to the appeal and the concerned Tribunal.

How must appeals under Section 20(6) be dealt with by the Appellate Tribunal?

As expeditiously as possible.

Within what period should appeals under Section 20(6) be disposed of?

Within six months from the date of receipt of appeal.

From which date is the six months period under Section 20(6) computed?

From the date of receipt of appeal.

What does Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Deposit of amount of debt due on filing appeal.

When does Section 21 apply?

When appeal is preferred by person from whom debt is due.

Against whom must debt be due for applicability of Section 21?

Bank, financial institution or consortium of banks or financial institutions.

What condition must be fulfilled before appeal is entertained under Section 21?

Deposit with the Appellate Tribunal of fifty per cent of the amount of debt due.

How is the amount of debt determined for purposes of Section 21?

As determined by the Tribunal under Section 19.

Before which authority must deposit under Section 21 be made?

The Appellate Tribunal.

What is the normal percentage of deposit required under Section 21?

Fifty per cent of the amount of debt due.

What power is conferred upon the Appellate Tribunal under the proviso to Section 21?

Power to reduce the amount of deposit.

What condition must be satisfied before reduction of deposit under the proviso to Section 21?

Reasons must be recorded in writing.

What is the minimum deposit permissible after reduction under the proviso to Section 21?

Twenty-five per cent of the amount of debt due.

What does Section 22 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Procedure and powers of the Tribunal and the Appellate Tribunal.

Whether the Tribunal and Appellate Tribunal are bound by the Code of Civil Procedure, 1908 under Section 22(1)?

No.

By what principles are the Tribunal and Appellate Tribunal guided under Section 22(1)?

Principles of natural justice.

What power regarding procedure is conferred upon the Tribunal and Appellate Tribunal under Section 22(1)?

Power to regulate their own procedure.

What power regarding sittings is conferred under Section 22(1)?

Power to regulate places at which sittings shall be held.

Subject to what are powers under Section 22(1) exercised?

Provisions of the Act and rules made thereunder.

What powers of civil court are conferred upon the Tribunal and Appellate Tribunal under Section 22(2)?

Powers vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit.

For what purpose are civil court powers conferred under Section 22(2)?

For discharging functions under the Act.

What power regarding attendance of persons is conferred under Section 22(2)(a)?

Summoning and enforcing attendance and examining on oath.

What power regarding documents is conferred under Section 22(2)(b)?

Requiring discovery and production of documents.

What power regarding affidavits is conferred under Section 22(2)(c)?

Receiving evidence on affidavits.

What power regarding commissions is conferred under Section 22(2)(d)?

Issuing commissions for examination of witnesses or documents.

What power regarding review is conferred under Section 22(2)(e)?

Reviewing its decisions.

What power regarding default proceedings is conferred under Section 22(2)(f)?

Dismissing application for default or deciding it ex parte.

What power regarding setting aside orders is conferred under Section 22(2)(g)?

Setting aside dismissal orders or ex parte orders.

What additional powers may be exercised under Section 22(2)(h)?

Powers relating to any other prescribed matter.

What is the nature of proceedings before the Tribunal or Appellate Tribunal under Section 22(3)?

Judicial proceedings.

For purposes of which BNS provisions are proceedings deemed judicial proceedings under Section 22(3)?

Sections 229, 267 and 223 of BNS.

For what purposes are the Tribunal and Appellate Tribunal deemed civil courts under Section 22(3)?

Section 215 and Chapter XXVIII of BNSS.

Which statute applies for proof of entries in bankers’ books under Section 22(4)?

The Bankers’ Books Evidence Act, 1891.

To which proceedings does Section 22(4) apply?

Proceedings before the Tribunal or Appellate Tribunal.

What does Section 22A of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Uniform procedure for conduct of proceedings.

Who may lay down uniform procedure under Section 22A?

The Central Government.

By what mode may uniform procedure be prescribed under Section 22A?

By rules.

For what purpose may uniform procedure be laid down under Section 22A?

Conducting proceedings before Tribunals and Appellate Tribunals.

What condition must the uniform procedure under Section 22A satisfy?

It must be consistent with the provisions of the Act.

What does Section 23 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Right to legal representation and Presenting Officers.

Who may authorise Presenting Officers under Section 23(1)?

A bank or financial institution making application or appeal.

Whom may a bank or financial institution authorise under Section 23(1)?

One or more legal practitioners or any of its officers.

Before which authorities may authorised persons present cases under Section 23(1)?

Tribunal or Appellate Tribunal.

What right is conferred upon the defendant under Section 23(2)?

Right to appear in person or through authorised representatives.

Whom may the defendant authorise under Section 23(2)?

One or more legal practitioners or any of his or its officers.

Before which authorities may the defendant present case under Section 23(2)?

Tribunal or Appellate Tribunal.

What does Section 24 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Limitation.

Which statute applies to applications made to the Tribunal under Section 24?

The Limitation Act, 1963.

To what extent does the Limitation Act apply under Section 24?

As far as may be.

To what proceedings does Section 24 apply?

Applications made to a Tribunal.

CHAPTER-5

RECOVERY OF DEBT DETERMINED BY TRIBUNAL

What does Section 25 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Modes of recovery of debts.

Who is responsible for recovery of debt under Section 25?

The Recovery Officer.

On receipt of what document does the Recovery Officer proceed under Section 25?

Copy of the recovery certificate under Section 19.

What amount is recoverable under Section 25?

Amount of debt specified in the recovery certificate.

Whether the Recovery Officer may adopt more than one mode of recovery under Section 25?

Yes.

What mode of recovery is provided under Section 25(a)?

Attachment and sale of movable or immovable property of the defendant.

What additional recovery power is conferred under Section 25(aa)?

Taking possession of secured property or any other property of the defendant.

What type of property may be taken possession of under Section 25(aa)?

Property over which security interest is created or any other property of the defendant.

What power regarding receiver is conferred under Section 25(aa)?

Appointment of receiver for such property.

What power regarding property sale is conferred under Section 25(aa)?

Power to sell such property.

What mode of recovery is provided under Section 25(b)?

Arrest of the defendant and detention in prison.

What mode of recovery is provided under Section 25(c)?

Appointment of receiver for management of movable or immovable properties of the defendant.

Who may prescribe additional modes of recovery under Section 25(d)?

The Central Government.

By what mode may additional recovery modes be prescribed under Section 25(d)?

By prescription.

What does Section 26 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Validity of certificate and amendment thereof.

Whether the defendant may dispute correctness of amount specified in the certificate before the Recovery Officer under Section 26(1)?

No.

Whether objections to the certificate on any other ground may be entertained by the Recovery Officer under Section 26(1)?

No.

What power is conferred upon the Presiding Officer under Section 26(2)?

Power to withdraw the certificate or correct clerical or arithmetical mistakes.

Whether the Presiding Officer may exercise powers under Section 26(2) after issuance of certificate to Recovery Officer?

Yes.

What kinds of mistakes may be corrected under Section 26(2)?

Clerical or arithmetical mistakes.

How does the Presiding Officer communicate withdrawal or correction under Section 26(2)?

By sending intimation to the Recovery Officer.

What must the Presiding Officer intimate to the Recovery Officer under Section 26(3)?

Withdrawal, cancellation or correction of certificate.

What does Section 27 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Stay of proceedings under certificate and amendment or withdrawal thereof.

Whether the Presiding Officer may grant time for payment after issuance of recovery certificate under Section 27(1)?

Yes.

What is the overriding effect provided under Section 27(1)?

It applies notwithstanding issuance of recovery certificate to the Recovery Officer.

What minimum payment must the defendant make for grant of time under Section 27(1)?

Not less than twenty-five per cent of the amount specified in the recovery certificate.

What undertaking must the defendant give under Section 27(1)?

Unconditional undertaking to pay the balance within reasonable time.

Whose acceptance is necessary regarding reasonable time under Section 27(1)?

Applicant bank or financial institution holding recovery certificate.

What must the Recovery Officer do upon receipt of order under Section 27(1A)?

Stay the proceedings.

Until when shall proceedings remain stayed under Section 27(1A)?

Until expiry of the time granted by the Presiding Officer.

What is the effect of agreement to pay under Section 27(1B)?

The defendant forfeits the right to file appeal against the Tribunal’s orders.

When does forfeiture of right to appeal arise under Section 27(1B)?

When proceedings are stayed by the Recovery Officer after defendant agrees to pay the recovery amount.

What is the consequence of default in payment under Section 27(1C)?

Stay of recovery proceedings shall stand withdrawn.

What must the Recovery Officer do after default under Section 27(1C)?

Take steps for recovery of remaining amount of debt due and payable.

What duty is imposed upon the Presiding Officer under Section 27(2)?

To keep the Recovery Officer informed of payments made or time granted.

When must the Presiding Officer inform the Recovery Officer under Section 27(2)?

Subsequent to issue of recovery certificate.

When shall the Presiding Officer stay recovery under Section 27(3)?

When demand is reduced as consequence of appeal.

To what extent shall recovery be stayed under Section 27(3)?

To the extent of reduced amount in the certificate.

For what period does stay under Section 27(3) operate?

During pendency of the appeal.

When may the Presiding Officer amend or withdraw certificate under Section 27(4)?

When outstanding demand is reduced or enhanced as result of appeal.

At what stage may amendment or withdrawal under Section 27(4) be made?

When appellate order becomes final and conclusive.

What does Section 28 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Other modes of recovery.

When may the Recovery Officer exercise powers under Section 28(1)?

When a recovery certificate has been issued under Section 19.

Whether powers under Section 28 are in addition to modes specified under Section 25?

Yes.

How may the Recovery Officer recover debt under Section 28(1)?

By any one or more modes provided under Section 28.

What power is conferred upon the Recovery Officer under Section 28(2)?

Power to require deduction of debt amount from money due to defendant.

Who may be required to deduct money under Section 28(2)?

Any person from whom any amount is due to the defendant.

What must the person do after deduction under Section 28(2)?

Pay the deducted sum to the credit of the Recovery Officer.

What exemption is provided under the proviso to Section 28(2)?

Amount exempt from attachment under section 60 CPC cannot be deducted.

Under which provision of CPC is exemption recognised in the proviso to Section 28(2)?

Section 60 of the Code of Civil Procedure, 1908.

What notice power is conferred upon the Recovery Officer under Section 28(3)(i)?

Power to require payment of money due or becoming due to defendant.

To whom may notice under Section 28(3)(i) be issued?

Persons owing money to defendant or holding money on defendant’s account.

When may payment be required under Section 28(3)(i)?

Forthwith upon money becoming due or within time specified in notice.

What amount may be required under Section 28(3)(i)?

Amount sufficient to pay debt due or whole amount where equal to or less than debt.

Whether notice under Section 28(3)(ii) may be issued regarding joint accounts?

Yes.

What presumption applies regarding shares of joint holders under Section 28(3)(ii)?

Shares shall be presumed equal until contrary is proved.

To whom must copy of notice be forwarded under Section 28(3)(iii)?

Defendant and all joint holders.

At which address must notice copies be forwarded under Section 28(3)(iii)?

Last address known to the Recovery Officer.

What obligation is imposed upon persons receiving notice under Section 28(3)(iv)?

They are bound to comply with the notice.

Whether production of pass book or deposit receipt is necessary under Section 28(3)(iv)?

No.

To which entities does Section 28(3)(iv) specifically apply?

Post office, bank, financial institution or insurer.

Whether payment may be made notwithstanding contrary rules or practices under Section 28(3)(iv)?

Yes.

What is the effect of claims arising after notice under Section 28(3)(v)?

Such claims shall be void against demand contained in the notice.

What objection may be raised under Section 28(3)(vi)?

That demanded sum is not due to defendant or no money is held for defendant.

In what manner must objection under Section 28(3)(vi) be made?

By statement on oath.

What is the effect of valid objection under Section 28(3)(vi)?

Person shall not be required to pay such sum.

What is the consequence of false statement under Section 28(3)(vi)?

Personal liability to the Recovery Officer.

To what extent does liability arise for false statement under Section 28(3)(vi)?

Lesser of person’s liability to defendant or defendant’s liability under the Act.

What power regarding notices is conferred upon the Recovery Officer under Section 28(3)(vii)?

Power to amend, revoke notice or extend time for payment.

What must the Recovery Officer grant under Section 28(3)(viii)?

Receipt for amount paid in compliance with notice.

What is the effect of payment under Section 28(3)(viii)?

Full discharge from liability to defendant to extent of amount paid.

What is the consequence of discharging liability to defendant after receipt of notice under Section 28(3)(ix)?

Personal liability to the Recovery Officer.

To what extent does liability arise under Section 28(3)(ix)?

Lesser of discharged liability or defendant’s liability under the Act.

What is the consequence of failure to comply with notice under Section 28(3)(x)?

Person shall be deemed defendant in default.

Against whom may further proceedings be taken under Section 28(3)(x)?

Person failing to make payment pursuant to notice.

Under which provisions may proceedings be taken under Section 28(3)(x)?

Sections 25, 26 and 27.

What is the effect of notice under Section 28(3)(x)?

Same effect as attachment of debt under Section 25.

What application may the Recovery Officer make under Section 28(4)?

Application to court for payment of money belonging to defendant.

To which court may application under Section 28(4) be made?

Court in whose custody defendant’s money exists.

What amount may the Recovery Officer seek under Section 28(4)?

Entire amount or sufficient amount to discharge debt.

What power is conferred upon the Recovery Officer under Section 28(4A)?

Power to require declaration of assets on affidavit.

At what stage may order under Section 28(4A) be passed?

At any stage of execution of recovery certificate.

Against whom may order under Section 28(4A) be passed?

Any person or officer of company against whom recovery certificate is issued.

What particulars must be declared under Section 28(4A)?

Particulars of assets.

What additional mode of recovery is provided under Section 28(5)?

Recovery by distraint and sale of movable property.

In accordance with which law is distraint and sale under Section 28(5) conducted?

Third Schedule to the Income-tax Act, 1961.

What does Section 29 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Application of certain provisions of the Income-tax Act.

Which Schedules of the Income-tax Act, 1961 apply under Section 29?

Second and Third Schedules.

Which Rules apply under Section 29?

Income-tax (Certificate Proceedings) Rules, 1962.

To what extent do the provisions and rules apply under Section 29?

As far as possible with necessary modifications.

How are provisions under Section 29 applied to debt recovery proceedings?

As if references to income-tax were references to debt due under the Act.

How is the term “assessee” construed under the proviso to Section 29?

As reference to the defendant under the Act.

What does Section 30 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Appeal against the order of Recovery Officer.

What is the overriding effect provided under Section 30(1)?

It applies notwithstanding anything contained in section 29.

Who may prefer appeal under Section 30(1)?

Any person aggrieved by order of Recovery Officer.

Within what period must appeal under Section 30(1) be filed?

Within thirty days from issue of copy of order.

Before which authority is appeal under Section 30(1) filed?

The Tribunal.

From which date is limitation under Section 30(1) computed?

From the date on which copy of order is issued.

What opportunity must be given before deciding appeal under Section 30(2)?

Opportunity of being heard to the appellant.

What inquiry may the Tribunal conduct under Section 30(2)?

Such inquiry as it deems fit.

What powers may the Tribunal exercise under Section 30(2)?

Confirm, modify or set aside order of Recovery Officer.

Orders under which provisions are appealable under Section 30(2)?

Sections 25 to 28.

What does Section 30A of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Deposit of amount of debt due for filing appeal against orders of Recovery Officer.

When does Section 30A apply?

When appeal is preferred under Section 30 against order of Recovery Officer.

Against whom must debt be due for applicability of Section 30A?

Bank, financial institution or consortium of banks or financial institutions.

What condition must be fulfilled before appeal under Section 30 is entertained?

Deposit of fifty per cent of amount of debt due.

Before which authority must deposit under Section 30A be made?

The Tribunal.

How is amount of debt determined for purposes of Section 30A?

As determined by the Tribunal.

CHAPTER-6

MISCELLANEOUS

What does Section 31 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Transfer of pending cases.

Which suits or proceedings stand transferred under Section 31(1)?

Suits or proceedings pending before any court immediately before establishment of Tribunal.

When does transfer under Section 31(1) take effect?

On the date of establishment of the Tribunal.

What condition must be satisfied for transfer under Section 31(1)?

Cause of action must fall within jurisdiction of the Tribunal if it had arisen after establishment.

To which authority are cases transferred under Section 31(1)?

The Tribunal having jurisdiction.

What proceedings are excluded from transfer under the first proviso to Section 31(1)?

Appeals pending before any court.

What proceedings are saved under the second proviso to Section 31(1)?

Recovery proceedings relating to debts due to multi-State co-operative banks pending under the Multi-State Co-operative Societies Act, 2002.

Before which date must proceedings be pending for protection under the second proviso to Section 31(1)?

Before commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012.

What is the effect of the second proviso to Section 31(1)?

Such proceedings shall continue and Section 31 shall not apply to them.

What duty is imposed upon the court under Section 31(2)(a)?

To forward records of transferred suit or proceeding to the Tribunal.

When must records be forwarded under Section 31(2)(a)?

As soon as may be after transfer.

How may the Tribunal deal with transferred proceedings under Section 31(2)(b)?

In the same manner as an application under Section 19.

From which stage may the Tribunal proceed under Section 31(2)(b)?

From the stage reached before transfer or any earlier stage deemed fit.

What does Section 31A of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Power of Tribunal to issue certificate of recovery in case of decree or order.

When may decree-holder apply to the Tribunal under Section 31A(1)?

Where decree or order passed before commencement of Amendment Act, 2000 has not been executed.

Which Amendment Act is referred to in Section 31A(1)?

Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000.

Who may apply under Section 31A(1)?

The decree-holder.

For what purpose may application be made under Section 31A(1)?

To pass order for recovery of the amount.

What power is conferred upon the Tribunal under Section 31A(2)?

Power to issue certificate for recovery to Recovery Officer.

When may the Tribunal issue recovery certificate under Section 31A(2)?

On receipt of application under Section 31A(1).

What must the Recovery Officer do upon receipt of certificate under Section 31A(3)?

Proceed to recover the amount.

How shall recovery certificate under Section 31A(3) be treated?

As if it were certificate in respect of debt recoverable under the Act.

What does Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Priority to secured creditors.

What is the overriding effect provided under Section 31B?

It applies notwithstanding anything contained in any other law for the time being in force.

What rights are protected under Section 31B?

Rights of secured creditors to realise secured debts by sale of secured assets.

Over which assets do secured creditors exercise priority under Section 31B?

Assets over which security interest is created.

What priority is granted to secured creditors under Section 31B?

Priority over all other debts and Government dues.

Which Government dues are included under Section 31B?

Revenues, taxes, cesses and rates due to Central Government, State Government or local authority.

What clarification is provided in the Explanation to Section 31B?

Priority of secured creditors shall be subject to the Insolvency and Bankruptcy Code, 2016 during insolvency or bankruptcy proceedings.

When does the Explanation to Section 31B apply?

On or after commencement of the Insolvency and Bankruptcy Code, 2016.

In respect of what proceedings does the Explanation to Section 31B operate?

Insolvency or bankruptcy proceedings pending regarding secured assets of borrower.

What does Section 32 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Chairperson, Presiding Officer and staff of Appellate Tribunal and Tribunal to be public servants.

Who are deemed public servants under Section 32?

Chairperson, Presiding Officer, Recovery Officer and officers and employees of Tribunal and Appellate Tribunal.

Under which provision are persons deemed public servants under Section 32?

Section 21 of the Indian Penal Code, 1860.

What does Section 33 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Protection of action taken in good faith.

Against whom is protection granted under Section 33?

Central Government, Presiding Officer, Chairperson and Recovery Officer.

For what acts is protection granted under Section 33?

Acts done or intended to be done in good faith under the Act, rules or orders.

What proceedings are barred under Section 33?

Suit, prosecution or other legal proceeding.

What does Section 34 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Overriding effect of the Act.

What overriding effect is provided under Section 34(1)?

Provisions of the Act prevail over inconsistent laws or instruments.

Against what does the Act prevail under Section 34(1)?

Any other law or instrument having effect by virtue of law other than this Act.

Subject to which provision does overriding effect under Section 34(1) operate?

Section 34(2).

Whether the Act is in derogation of other specified enactments under Section 34(2)?

No.

How do provisions of the Act operate under Section 34(2)?

In addition to specified enactments.

Which enactments are preserved under Section 34(2)?

Industrial Finance Corporation Act, 1948, State Financial Corporations Act, 1951, Unit Trust of India Act, 1963, Industrial Reconstruction Bank of India Act, 1984, Sick Industrial Companies (Special Provisions) Act, 1985 and Small Industries Development Bank of India Act, 1989.

What does Section 35 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Power to remove difficulties.

Who may remove difficulties under Section 35(1)?

The Central Government.

By what mode may difficulties be removed under Section 35(1)?

By order published in the Official Gazette.

What condition applies to orders under Section 35(1)?

They must not be inconsistent with provisions of the Act.

For what purpose may orders under Section 35(1) be made?

For removing difficulties in giving effect to the Act.

Within what period may orders under Section 35(1) be made?

Within three years from commencement of the Act.

What must be done with every order made under Section 35(2)?

It shall be laid before each House of Parliament.

When must orders under Section 35(2) be laid before Parliament?

As soon as may be after they are made.

What does Section 36 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Power to make rules.

Who may make rules under Section 36(1)?

The Central Government.

By what mode may rules be made under Section 36(1)?

By notification.

For what purpose may rules be made under Section 36(1)?

To carry out provisions of the Act.

What business or commercial rights may be prescribed under Section 36(2)(a)?

Other business or commercial rights of similar nature under section 2(jb).

What service matters may rules provide for under Section 36(2)(aa)?

Salaries, allowances and service conditions of Chairpersons, Presiding Officers, Recovery Officers and staff.

Under which sections are service conditions governed under Section 36(2)(aa)?

Sections 7, 12 and 13.

What procedural matter may rules provide for under Section 36(2)(b)?

Procedure for investigation of misbehaviour or incapacity.

Against whom may investigation procedure be prescribed under Section 36(2)(b)?

Chairpersons of Appellate Tribunals and Presiding Officers of Tribunals.

Under which provision is investigation procedure framed under Section 36(2)(b)?

Section 15(3).

What application-related matters may rules provide for under Section 36(2)(c)?

Form of application, accompanying documents, evidence and filing fees under Section 19.

What may rules prescribe under Section 36(2)(ca)?

Form of application and fee under Section 19(3).

What may rules prescribe under Section 36(2)(cc)?

Rate of fee refundable under Section 19(3B).

What may rules prescribe under Section 36(2)(cca)?

Period for filing written statement under Section 19(10).

What may rules prescribe under Section 36(2)(ccb)?

Fee for obtaining copy of Tribunal order under Section 19(21).

What authentication matters may rules prescribe under Section 36(2)(ccc)?

Form and manner of authenticating digital signature and service of pleadings electronically.

Under which provision are electronic authentication rules framed under Section 36(2)(ccc)?

Section 19A(1).

What filing matters may rules prescribe under Section 36(2)(ccd)?

Form and manner of electronic filing and display of Tribunal orders.

Under which provision are electronic filing rules framed under Section 36(2)(ccd)?

Section 19A(1) and Section 19A(4).

What appellate matters may rules provide for under Section 36(2)(d)?

Form of appeal and fees payable under Section 20.

What may rules prescribe under Section 36(2)(da)?

Uniform procedure for proceedings before Tribunals and Appellate Tribunals.

Under which provision are uniform procedure rules framed under Section 36(2)(da)?

Section 22A.

What may rules prescribe under Section 36(2)(db)?

Other mode of recovery under Section 25(d).

What residuary rule-making power is provided under Section 36(2)(e)?

Matters required or permitted to be prescribed.

Which notifications and rules must be laid before Parliament under Section 36(3)?

Notifications under Sections 1(4), 3 and 8 and all rules made under the Act.

Before whom must notifications and rules be laid under Section 36(3)?

Each House of Parliament.

For what total period must notifications and rules be laid under Section 36(3)?

Thirty days.

Whether the thirty days under Section 36(3) may extend over more than one session?

Yes.

What is the effect if both Houses modify a notification or rule under Section 36(3)?

It shall thereafter have effect only in modified form.

What is the effect if both Houses agree that notification or rule should not be issued or made under Section 36(3)?

It shall thereafter be of no effect.

What is protected despite modification or annulment under Section 36(3)?

Validity of anything previously done under the notification or rule.

What does Section 37 of the Recovery of Debts and Bankruptcy Act, 1993 provide for?

Repeal and saving.

Which Ordinance is repealed under Section 37(1)?

Recovery of Debts Due to Banks and Financial Institutions Ordinance, 1993.

What is the effect of repeal under Section 37(2)?

Actions taken under the Ordinance are deemed taken under the Act.

What is protected under the saving clause of Section 37(2)?

Anything done or any action taken under the Ordinance.

Under what provisions are acts done under the Ordinance deemed under Section 37(2)?

Corresponding provisions of the Act.