CAIIB BRBL Module C Unit 12 : Establishment Of Tribunal And Appellate Tribunal

04/11/2023

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CAIIB Paper 4 BRBL Module C Unit 12 : Establishment Of Tribunal And Appellate Tribunal (New Syllabus)

IIBF has released the New Syllabus Exam Pattern for CAIIB Exam 2023. Following the format of the current exam, CAIIB 2023 will have now four papers. The CAIIB Paper 4 (BANKING REGULATIONS AND BUSINESS LAWS) includes an important topic called “Establishment Of Tribunal And Appellate Tribunal”. Every candidate who are appearing for the CAIIB Certification Examination 2023 must understand each unit included in the syllabus.

In this article, we are going to cover all the necessary details of CAIIB Paper 4 (BRBL) Module C (IMPORTANT ACTS/LAWS & LEGAL ASPECTS OF BANKING OPERATIONS – PART B) Unit 12 : Establishment Of Tribunal And Appellate Tribunal, Aspirants must go through this article to better understand the topic, Establishment Of Tribunal And Appellate Tribunal and practice using our Online Mock Test Series to strengthen their knowledge of Establishment Of Tribunal And Appellate Tribunal. Unit 12 : Establishment Of Tribunal And Appellate Tribunal

Establishment of Tribunal

The Central Government is empowered to establish tribunal, under Section 3 of the statute, to be known as Debt Recovery Tribunal to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this Act.
This section also empowers the Central Government to decide and specify the areas within which the tribunal may exercise jurisdiction for entertaining and deciding the applications filed before it. When the Government exercises these powers and takes such decisions they are notified in the Official Gazette of the Government.
In terms of amendment to Section 3 of the Act in 2016 by adding sub-section 1(A), The Central Government shall by notification establish such number of Debts Recovery Tribunals and its benches as it may consider necessary, to exercise the jurisdiction, powers and authority of the Adjudicating Authority conferred on such Tribunal by or under the Insolvency and Bankruptcy Code, 2016.

Composition Of Tribunal

The tribunal is made up of only one person called ‘Presiding Officer’ and the appointment is done by the Central Government by issuing a notification.
The Central Government, by notification, has the powers to authorize the presiding officer of one tribunal to discharge also the functions of the presiding officer of another tribunal.

Qualification For Appointment As Presiding Officer And Term Of Office

A person is qualified for appointment as presiding officer of a tribunal if he is, or has been, or is qualified to be appointed as a District Judge.
The presiding officer of a tribunal holds office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. (Section 6).

Note: The Central Government shall provide the tribunal with one or more recovery officer and such other officers and employees as the Government may think fit. The staff so appointed shall work under the general superintendence of the presiding officer. (Section 7)

Establishment And Composition Of Appellate Tribunal

The Central Government is empowered to establish one or more appellate tribunals, to be known as ‘Debt Recovery Appellate Tribunal’ to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this Act. The Central Government is also empowered to decide and specify the areas within which the tribunal may exercise jurisdiction for entertaining and deciding the applications filed before it.
Appellate tribunal consists of only one person called as Chairperson and the appointment shall be done by the Central Government.
For administrative convenience, the Central Government has the powers to authorize the chairperson of one appellate tribunal to discharge also the functions of the chairperson of another appellate tribunal.

Qualifications For Appointment As Chairperson Of The Appellate Tribunal And Term Of Office

As per Section 10 of the Act a person shall not be qualified for appointment as the chairperson of an appellate tribunal unless he:

Is, or has been, or is qualified to be a Judge of a High Court
Has been a member of the Indian legal service and has held a post in Grade of that service for at least three years; or
Has held office as the presiding officer of a tribunal for at least three years.
The chairperson of an appellate tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.

Finality Of Orders Constituting Tribunal Or An Appellate Tribunal

No order of the Central Government appointing any person as the presiding officer of the tribunal or the chairperson of the appellate tribunal shall be called in question in any manner.
Presiding officer or chairperson can, by a three months written notice, resign his office. They cannot be removed, except by an order of the Central Government, on the ground of proved misbehavior or incapacity after inquiry.

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CAIIB 4 Module C Unit 12 – Establishment Of Tribunal And Appellate Tribunal ( Ambitious_Baba )