CAIIB Paper 4 BRBL Module C Unit 13 : Jurisdiction, Powers & Authority Of Tribunals (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 “Jurisdiction, Powers & Authority Of Tribunals”. 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 13 : Jurisdiction, Powers & Authority Of Tribunals, Aspirants must go through this article to better understand the topic, Jurisdiction, Powers & Authority Of Tribunals and practice using our Online Mock Test Series to strengthen their knowledge of Jurisdiction, Powers & Authority Of Tribunals. Unit 13 : Jurisdiction, Powers & Authority Of Tribunals
Jurisdiction, Powers And Authority Of Tribunals
- Whenever the Tribunal or the Appellate Tribunal is established from its appointed day, they exercise jurisdiction, powers and authority to entertain and decide applications or appeals, from the banks and financial institutions for recovery of debts due to them including deciding on applications under Part III of Insolvency and Bankruptcy Code, 2016.
- Chairperson of Appellate Tribunal is given general power of superintendence and control over the Tribunals under his jurisdiction. The chairperson can transfer any application from any Presiding Officer within his jurisdiction to any other Presiding Officer within his jurisdiction, on receiving application for transfer of case or even on his own motion. However before such transfer, he has to give notice to the parties and hear them. He also has power of appraising work of presiding officers, under his control – Section 17A (i).
As per Section 17A, for the purpose of exercise of general powers of superintendence and control over Tribunals under sub-section (1), the Chairperson may—
- Direct the Tribunals to furnish, in such form, at such intervals and within such time, information relating to pending cases both under this Act and the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), number of cases disposed of, number of new cases filed.
- Convene meetings of the Presiding Officers of Tribunals periodically to review their performance.
(1B) Where on assessment of the performance of any Presiding Officer of the Tribunal or otherwise, the Chairperson is of the opinion that an inquiry is required to be initiated against such Presiding Officer for misbehavior or incapacity, he shall submit a report to the Central Government recommending action against such Presiding Officer, and for reasons to be recorded in writing for the same.
Bar Of Jurisdiction Of Civil Courts
- From the date of establishing the Tribunal, i.e., the appointed day, no court or other authority shall have any jurisdiction, powers or authority to deal with cases i.e. claims of banks and financial institutions for recovery of Rs. 20 lakh and above. However, this is not applicable to High Courts and Supreme Courts exercising jurisdiction under Articles 226 and 227 of the Constitution.
- The relevant date of bar of jurisdiction by the court or other authority is not the date when this Act came into application. The date is, since when the Tribunal is established having jurisdiction in that particular area. Order passed by the Civil Court, prior to establishment of a Tribunal but after commencement of DRT Act, was well within the jurisdiction of the Civil Court.